| Previous Day: Tuesday, March 26 | Next Day: Thursday, March 28 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
EIGHTIETH CALENDAR DAY
FORTY-SEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, March 27, 1996
The Senate met in regular session at 9:03 a.m., President pro
tempore Bisignano presiding.
Prayer was offered by Imam Farooq Abo-Elzahab of the Islamic
Center, Cedar Rapids, Iowa.
The Journal of Tuesday, March 26, 1996, was approved.
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 26, 1996, amended and passed the following bills in
which the concurrence of the House was asked:
Senate File 2140, a bill for an act increasing the speed limit on
certain highways, requiring a report on safety in construction zones,
and providing an effective date (S-5551).
Senate File 2442, a bill for an act relating to appropriations for
the department of human services and the prevention of disabilities
policy council and including other provisions and appropriations
involving human services and health care and providing for effective and
applicability dates (S-5550).
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 44 present, 6 absent and a quorum present.
MOTIONS TO RECONSIDER WITHDRAWN
Senate File 401
Senator Deluhery withdrew the motion to reconsider Senate File 401,
a bill for an act relating to consumer-related actions, filed by him on
March 19, 1996, and found on page 894 of the Senate Journal.
Senate File 2411
Senator Gronstal withdrew the motion to reconsider Senate File
2411, a bill for an act providing the state auditor with the right to
examine documents of state officers and departments, filed by him on
March 18, 1996, and found on page 846 of the Senate Journal.
Senate File 2216
Senators Bartz and Connolly withdrew the motions to reconsider
Senate File 2216, a bill for an act providing that the examination for
commercial applicators of pesticides be given at each community college,
filed by them on March 4, 1996, and found on page 599 of the Senate
Journal.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Boswell until he arrives on request of Senator Horn.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senate Concurrent Resolution 113
On motion of Senator Drake, Senate Concurrent Resolution 113, a
concurrent resolution declaring Miss Iowa an official hostess for the
State of Iowa, with report of committee recommending passage, was taken
up for consideration.
Senator Drake moved the adoption of Senate Concurrent Resolution
113, which motion prevailed by a voice vote.
Senate Concurrent Resolution 116
On motion of Senator Priebe, Senate Concurrent Resolution 116, a
senate concurrent resolution to urge the federal government to restore
requirements for the reporting of information regarding cattle fed in
Iowa feedlots, with report of committee recommending passage, was taken
up for consideration.
Senator Priebe moved the adoption of Senate Concurrent Resolution
116, which motion prevailed by a voice vote.
UNFINISHED BUSINESS
(Deferred March 19, 1996)
Senate File 2221
The Senate resumed consideration of Senate File 2221, a bill for an
act relating to alternate energy production and purchasing requirements,
and providing an applicability provision and an effective date,
amendment S-5151 by the committee on Natural Resources to strike
everything after the enacting clause of the bill, and amendment S-5396
by Senator Fink to amendment S-5151, deferred March 19, 1996.
Senator Fink asked and received unanimous consent that action on
Senate File 2221 be deferred.
UNFINISHED BUSINESS CALENDAR
Senate File 2280
On motion of Senator Sorensen, Senate File 2280, a bill for an act
relating to filing fees charged by county recorders and eliminating a
surcharge fee, with report of committee on Ways and Means recommending
passage on March 7, 1996, and placed on the Unfinished Business Calendar
on March 20, 1996, 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? (S.F. 2280) the vote was:
Ayes, 48:
Banks Bartz Bennett Black
Boettger Borlaug Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Bisignano
Absent or not voting, 1:
Boswell
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2349
On motion of Senator Connolly, Senate File 2349, a bill for an act
relating to transportation by granting the state department of
transportation condemnation rights for utility facility replacement,
providing for entry onto private property for sounding and drilling, and
providing for release of retained funds for public improvements, placed
on the Unfinished Business Calendar on March 20, 1996, was taken up for
consideration.
Senator Connolly offered amendment S-5410 filed by him on March 19,
1996, to pages 1-3 and to the title page of the bill and moved its
adoption.
Amendment S-5410 was adopted by a voice vote.
Senator Connolly asked and received unanimous consent that House
File 2419 be substituted for Senate File 2349 as amended.
House File 2419
On motion of Senator Connolly, 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, was
taken up for consideration.
Senator Connolly offered amendment S-5408 filed by him on March 19,
1996, to pages 2-9 and the title page of the bill.
Senator Connolly asked and received unanimous consent that action
on amendment S-5408 be deferred.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Vilsack until he returns on request of Senator Hansen.
BUSINESS PENDING
House File 2419
The Senate resumed consideration of House File 2419.
Senator Banks offered amendment S-5418 filed by Senators Banks and
McLaren on March 19, 1996, to page 3 of the bill.
Senator Connolly raised the point of order that amendment S-5418
was not germane to the bill.
The Chair ruled the point well taken and amendment S-5418 out of
order.
Senator Connolly asked and received unanimous consent that action
on House File 2419 be deferred.
BUSINESS PENDING
Senate File 2221
The Senate resumed consideration of Senate File 2221, a bill for an
act relating to alternate energy production and purchasing requirements,
and providing an applicability provision and an effective date,
amendment S-5151 and amendment S-5396 to amendment S-5151, previously
deferred.
Senator Fink offered amendment S-5466 filed by Senators Fink, et
al., on March 20, 1996, to amendment S-5151.
Senator Priebe asked and received unanimous consent that action on
amendment S-5466 to amendment S-5151 and Senate File 2221 be deferred.
BUSINESS PENDING
House File 2419
The Senate resumed consideration of 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,
previously deferred.
Senator Connolly offered amendment S-5557 filed by him from the
floor to pages 2-9 and the title page of the bill and moved its
adoption.
Amendment S-5557 was adopted by a voice vote.
With the adoption of amendment S-5557, the Chair ruled amendment
S-5408 by Senator Connolly to pages 2-9 and the title page of the bill
previously deferred, out of order.
Senator Connolly offered amendment S-5555 filed by him from the
floor to page 1 of the bill and moved its adoption.
Amendment S-5555 was adopted by a voice vote.
Senator McKean asked and received unanimous consent that action on
House File 2419 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate
Concurrent Resolutions 113 and 116 and Senate File 2280 be immediately
messaged to the House.
UNFINISHED BUSINESS
(Deferred March 13, 1996)
House File 2409
The Senate resumed consideration of House File 2409, a bill for an
act relating to the regulation of activities of state banks and state
bank affiliates, interstate branching or banking, and personnel of the
banking division, state banks, and state bank affiliates, and the
regulation of financial transactions involving such entities and
personnel, and amendment S-5312 by Senators Douglas and Gronstal to page
12 of the bill, deferred March 13, 1996.
Senator Gronstal asked and received unanimous consent to withdraw
amendment S-5312.
President Boswell took the chair at 10:30 a.m.
Senator Hansen offered amendment S-5529 filed by him on March 25,
1996, to page 12 of the bill.
Senator Flynn raised the point of order that amendment S-5529 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5529 out of
order.
Senator Deluhery moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2409) 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 Tinsman
Zieman
Nays, none.
Absent or not voting, 1:
Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
House File 2230
On motion of Senator Husak, House File 2230, a bill for an act
relating to the duties of the department of inspections and appeals
concerning liens on improper provider payments from the department of
human services, the administration of certain health care statutes, and
the conducting of audits, with report of committee recommending passage,
was taken up for consideration.
Senator Husak moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2230) the vote was:
Ayes, 49:
80th Day WEDNESDAY, MARCH 27, 1996 1081
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
Zieman
Nays, none.
Absent or not voting, 1:
Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2368
On motion of Senator Flynn, Senate File 2368, a bill for an act
providing for the regulation of investment securities under Article 8 of
the Uniform Commercial Code, and providing conforming changes, and an
effective date, with report of committee without recommendation and
placed on the Unfinished Business Calendar on March 20, 1996, was taken
up for consideration.
Senator Flynn offered amendment S-5356 filed by him on March 14,
1996, to pages 1, 2, 11, 17, 20, 22, 24, 33, 37, 45, 50, 53-57 and 60 of
the bill and moved its adoption.
Amendment S-5356 was adopted by a voice vote.
Senator Flynn moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2368) 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 Tinsman
Zieman
Nays, none.
Absent or not voting, 1:
Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 2356
On motion of Senator Judge, Senate File 2356, a bill for an act
providing requirements for implementation of new or revised federal
block grant provisions which affect local governments and providing an
effective date and applicability provision and placed on the Unfinished
Business Calendar on March 20, 1996, was taken up for consideration.
Senator Judge asked and received unanimous consent that House File
2256 be substituted for Senate File 2356.
House File 2256
On motion of Senator Judge, House File 2256, a bill for an act
providing requirements for implementation of new or revised federal
block grant provisions which affect local governments and providing an
effective date and applicability provision, was taken up for
consideration.
Senator Judge offered amendment S-5553 filed by her from the floor
to strike everything after the enacting clause of the bill.
(Action on amendment S-5553 and House File 2256 was deferred for
distribution of an amendment.)
UNFINISHED BUSINESS
(Deferred April 11, 1995)
House File 514
The Senate resumed consideration of House File 514, a bill for an
act relating to Iowa motor vehicle registration plates, by providing for
special United States armed forces retired plates, special plates for
education and an Iowa education transportation enhancement fund, and
special silver and bronze star plates, providing for special
registration plates with distinguishing processed emblems, providing for
required plate specifications, making penalties applicable, and
providing an effective date, deferred April 11, 1995.
Senator Fraise offered amendment S-5110 filed by Senators Fraise
and Gettings on February 22, 1996, to pages 1-4, 8-12 and the title page
of the bill.
Senator Connolly offered amendment S-5552 filed by him from the
floor to pages 1-3 of amendment S-5110 and moved its adoption.
Amendment S-5552 was adopted by a voice vote.
Senator Fraise moved the adoption of amendment S-5110 as amended,
which motion prevailed by a voice vote.
With the adoption of amendment S-5110 as amended, the Chair ruled
amendment S-3400 filed by Senator Fink on April 12, 1995, to pages 2, 8
and 12 of the bill, out of order.
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. 514) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Zieman
Nays, none.
Absent or not voting, 2:
Palmer Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
2409 and 2230 and Senate File 2368 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 27, 1996, passed the following bills in which the
concurrence of the House was asked:
Senate File 2013, a bill for an act requiring the licensure of
respiratory care therapists and creating a board for respiratory care
practitioners.
Senate File 2122, a bill for an act relating to unclaimed property
held by the state, fraudulent practices to obtain the property, and
establishing a penalty.
Senate File 2127, a bill for an act relating to the
confidentiality of social security numbers of the owners of unclaimed
property.
RECESS
On motion of Senator Horn, the Senate recessed at 11:29 a.m., until
3:00 p.m.
RECESS
On motion of Senator Horn, the Senate recessed at 11:29 a.m., until
3:00 p.m.
APPENDIX
EXPLANATIONS OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
March 26, 1996. Had I been present, I would have voted aye on the
following bills:
Senate Files 73 and 2035 and House Files 2316, 2456, 2462, 2229,
2324, 2081, 2001, 2407, 2177, 2397, 2036 and 455.
I would have voted aye on the confirmation of governors appointees
Ted R. Chapler and Allan T. Thoms.
MIKE CONNOLLY
MR. PRESIDENT: I was necessarily absent from the Senate chamber due
to weather complications on March 25, 1996. Had I been present, I would
have voted aye on House Files 419, 121, 2107 and 210.
MERLIN E. BARTZ
PRESENTATION OF VISITORS
Senator Jensen introduced Brian Heithoff and Jason Reid,
representing the 4th and 5th grade classes of Gunn Elementary School,
Council Bluffs, who briefly addressed the Senate about their school fund
raisers for the Friends of the Capitol.
They were accompanied by Mrs. Heithoff who presented a check to
Senator Jensen in the amount of $2,153.82 for the Capitol restoration
project.
The following visitors were present in the Senate gallery:
Sixty fifth grade students from Pleasant View Elementary School,
Pleasant Valley, accompanied by Michelle Hoffman. Senators Rittmer and
Tinsman.
Thirty-eight eleventh grade students from Underwood Community High
School, Underwood, accompanied by Nick Benling, Kathy Knott, Dan
Knudtson, Shelley Olberding and Craig Riemersma. Senator Boettger.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-5557 to House File 2419 was adopted by the Senate on March 27, 1996.
SHELDON RITTMER
CERTIFICATES OF RECOGNITION
The secretary of the senate issued certificates of recognition as
follows:
South Winn Warriors Boys Basketball Team, Calmar - For winning the
2-A District 5 Championship. Senator Borlaug (3-21-96).
Peter Arling and Kenneth J. Faulhaber, Dubuque - For attaining the
rank of Eagle Scout. Senator Connolly (3-25-96).
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: March 26, 1996, 8:20 a.m.
Members Present: Priebe, Chair; Judge, Vice Chair; Black, Douglas,
Fraise, Hedge, Husak, Lundby, McLaren, Palmer, Sorensen and Zieman.
Members Absent: Banks, Ranking Member; Boswell (excused) and Giannetto.
Committee Business: Hearing on odor control.
Adjourned: 9:00 a.m.
HUMAN RESOURCES
Convened: March 26, 1996, 11:38 a.m.
Members Present: Szymoniak, Chair; Hammond, Vice Chair; Boettger,
Ranking Member; Bartz, Dvorsky, Hansen, Neuhauser and Tinsman.
Members Absent: Kramer and Vilsack (both excused).
Committee Business: Recommended confirmation of governors appointees.
Adjourned: 11:56 a.m.
JUDICIARY
Convened: March 21, 1996, 2:10 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Hansen, Maddox, Neuhauser, Redfern and Szymoniak.
Members Absent: none.
Committee Business: Recommended passage of House Files 2081 and 2316;
deferred action on House File 394.
Recessed: 3:15 p.m.
Reconvened: March 26, 1996, 1:40 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; McKean, Ranking
Member; Bartz, Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond,
Hansen, Maddox, Neuhauser, Redfern and Szymoniak.
Members Absent: none.
Committee Business: Recommended confirmation of governors appointee;
deferred action on House File 2436.
Adjourned: 2:05 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: March 26, 1996, 1:37 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: Recommended confirmation of governors appointees.
Adjourned: 1:43 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Convened: March 26, 1996, 2:07 p.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox,
McKean, Sorensen, Szymoniak and Vilsack.
Members Absent: Palmer (excused).
Committee Business: Recommended confirmation of governors appointees.
Adjourned: 2:16 p.m.
STATE GOVERNMENT
Convened: March 21, 1996, 12:07 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Connolly, Drake, Fink, Giannetto,
Halvorson, Lind, Lundby, McLaren and Sorensen.
Members Absent: Dearden (excused).
Committee Business: Assigned bills to subcommittees; recommended passage
of House Files 2153, 2201, 2318 and 2202; recommended passage of House
Files 2449 and 2407 as amended.
Recessed: 12:40 p.m.
Reconvened: March 21, 1996, 7:12 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Dearden, Drake, Fink, Giannetto, Halvorson,
Lind, McLaren and Sorensen.
Members Absent: Connolly and Lundby.
Committee Business: Recommended passage of House File 2387; deferred
action on House Joint Resolution 2003.
Recessed: 7:45 p.m.
Reconvened: March 21, 1996, 7:58 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Dearden, Drake, Fink, Giannetto, Halvorson,
Lind, McLaren and Sorensen.
Members Absent: Bisignano, Connolly (excused) and Lundby.
Committee Business: House Joint Resolution 2003 failed recommendation
for passage.
Adjourned: 8:15 p.m.
AMENDMENTS FILED
S-5550 S.F. 2442 House amendment
S-5551 S.F. 2140 House amendment
S-5552 H.F. 514 Mike Connolly
S-5553 H.F. 2256 Patty Judge
S-5554 H.F. 2383 Patty Judge
S-5555 H.F. 2419 Mike Connolly
S-5556 H.F. 2448 Andy McKean
Randal J. Giannetto
Tom Vilsack
S-5557 H.F. 2419 Mike Connolly
S-5558 S.F. 2184 Patty Judge
S-5559 S.F. 2221 Berl E. Priebe
S-5560 H.F. 2387 Michael E. Gronstal
S-5561 H.F. 2448 Randal J. Giannetto
S-5562 H.F. 428 Tom Flynn
Mike Connolly
S--5563 H.F. 2433 John P. Kibbie
S-5564 H.F. 2448 Tom Flynn
AFTERNOON SESSION
The Senate reconvened at 3:05 p.m., Senator Hansen presiding.
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 27, 1996, passed the following bills in which the
concurrence of the House was asked:
Senate File 2235, a bill for an act relating to the use of
alternative licensing for nursing facilities and providing for a
contingent effective date.
Senate File 2282, a bill for an act relating to the requirement of
notifying a consumer of a change in the terms of an open-end credit
agreement.
ALSO: That the House has on March 27, 1996, amended and passed the
following bill in which the concurrence of the Senate is asked:
Senate File 2062, a bill for an act relating to statutory
corrections which may adjust language to reflect current practices,
insert earlier omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts, update
ongoing provisions, or remove ambiguities, and providing effective and
retroactive applicability dates (S-5566).
QUORUM CALL
Senator Fraise requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
CONSIDERATION OF BILLS
(Regular Calendar)
House File 308
On motion of Senator Dearden, House File 308, a bill for an act
relating to the election of workers compensation coverage by a limited
liability company member, with report of committee recommending passage,
was taken up for consideration.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Black until he returns on request of Senator Judge.
BUSINESS PENDING
House File 308
The Senate resumed consideration of House File 308.
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. 308) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
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.
Absent or not voting, 1:
Black
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS CALENDAR
Senate File 2184
On motion of Senator Judge, Senate File 2184, a bill for an act
relating to livestock by establishing a council and providing for
brands, with report of committee recommending passage, and placed on the
Unfinished Business Calendar on March 20, 1996, was taken up for
consideration.
Senator Judge offered amendment S-5558 filed by her from the floor
to pages 1-4 and the title page of the bill and moved its adoption.
Amendment S-5558 was adopted by a voice vote.
With the adoption of amendment S-5558, the Chair ruled amendment
S-5123 filed by Senator Judge on February 26, 1996, to pages 2 and 3 of
the bill, out of order.
Senator Judge asked and received unanimous consent that House File
2390 be substituted for Senate File 2184 as amended.
House File 2390
On motion of Senator Judge, House File 2390, a bill for an act
relating to livestock by establishing a council and providing for
brands, was taken up for consideration.
Senator Judge offered amendment S-5331 filed by her on March 13,
1996, to page 1 and the title page of the bill and moved its adoption.
Amendment S-5331 was adopted 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. 2390) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
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.
Absent or not voting, 1:
Black
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 House Files
308 and 2390 be immediately messaged to the House.
CONSIDERATION OF BILLS
(Ways and Means Calendar)
Senate File 2357
On motion of Senator Rittmer, Senate File 2357, a bill for an act
relating to school finance providing for an increase in the amount
certified for levy in excess of that previously authorized for bonded
indebtedness repayment, with report of committee recommending amendment
and passage, was taken up for consideration.
Senator Rittmer offered amendment S-5435 filed by the committee on
Ways and Means on March 20, 1996, to pages 1 and 2 of the bill and moved
its adoption.
Amendment S-5435 was adopted by a voice vote.
Senator Rittmer 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. 2357) 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 2077
On motion of Senator Fink, Senate File 2077, a bill for an act
relating to a property tax exemption for a person who is totally
disabled while on active duty with the armed forces of the United States
and providing an effective date, with report of committee recommending
passage, was taken up for consideration.
Senator Fink offered amendment S-5046 filed by him on February 7,
1996, to page 1 of the bill and moved its adoption.
Amendment S-5046 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. 2077) 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 2452
On motion of Senator Szymoniak, Senate File 2452, a bill for an act
relating to the modernization of the vital statistics process and
establishing a fee, 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. 2452) 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.
BUSINESS PENDING
Senate File 2221
The Senate resumed consideration of Senate File 2221, a bill for an
act relating to alternate energy production and purchasing requirements,
and providing an applicability provision and an effective date, and
amendment S-5151 by the committee on Natural Resources, Environment and
Energy to strike everything after the enacting clause of the bill, and
amendment S-5466 by Senators Fink, et al., to amendment S-5151,
previously deferred.
Senator Fink moved the adoption of amendment S-5466 to amendment
S-5151, which motion prevailed by a voice vote.
With the adoption of amendment S-5466 to amendment S-5151, the
Chair ruled amendment S-5396 by Senator Fink to amendment S-5151,
deferred March 19, 1996, out of order.
Senator Priebe offered amendment S-5559 filed by him from the floor
to amendment S-5151 and moved its adoption.
Amendment S-5559 was adopted by a voice vote.
Senator Borlaug offered amendment S-5400 filed by Senators Borlaug,
et al., on March 19, 1996, to amendment S-5151 and moved its adoption.
Amendment S-5400 was adopted by a voice vote.
Senator Fink moved the adoption of amendment S-5151 as amended,
which motion prevailed 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. 2221) the vote was:
Ayes, 44:
80th Day WEDNESDAY, MARCH 27, 1996 1097
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Lind Lundby
Maddox McKean Murphy Neuhauser
Palmer Priebe Redfern Rittmer
Sorensen Szymoniak Vilsack Zieman
Nays, 6:
Banks Kramer McLaren Rensink
Rife 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 26, 1996)
House File 2449
The Senate resumed consideration of 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, and amendment S-5489 by the committee on
State Government to strike everything after the enacting clause and to
the title page of the bill, deferred March 26, 1996.
Senator Rittmer offered amendment S-5567 filed by him from the
floor to page 3 of amendment S-5489 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5567 to amendment S-5489 be
adopted? (H.F. 2449) the vote was:
Ayes, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
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
Amendment S-5567 lost.
Senator McKean withdrew amendment S-5540 filed by him on March 26,
1996, to pages 5 and 6 of amendment S-5489.
Senator McKean offered amendment S-5546 filed by Senators McKean
and Halvorson on March 26, 1996, to pages 5 and 6 of amendment S-5489,
moved its adoption and requested a record roll call.
On the question Shall amendment S-5546 to amendment S-5489 be
adopted? (H.F. 2449) the vote was:
Ayes, 42:
Bartz Bennett Black Boettger
Borlaug Boswell Connolly Deluhery
Douglas Dvorsky Fink Flynn
Fraise Freeman Giannetto Gronstal
Halvorson Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Szymoniak Tinsman
Vilsack Zieman
Nays, 8:
Banks Bisignano Dearden Drake
Gettings Hammond Rife Sorensen
Amendment S-5546 was adopted.
Senator Rife offered amendment S-5547 filed by him on March 26,
1996, to page 7 of amendment S-5489.
Senator Gronstal raised the point of order that amendment S-5547 to
amendment S-5489 was not germane.
The Chair ruled the point well taken and amendment S-5547 out of
order.
Senator Bisignano withdrew amendment S-5541 filed by him on March
26, 1996, to page 7 of amendment S-5489.
Senator Lundby offered amendment S-5543 filed by Senators Lundby
and McKean on March 26, 1996, to page 7 of amendment S-5489.
Senator Connolly raised the point of order that amendment S-5543 to
amendment S-5489 was not germane.
The Chair ruled the point not well taken and amendment S-5543 in
order.
Senator Horn asked and received unanimous consent that action on
amendment S-5543 to amendment S-5489, amendment S-5489 and House File
2449 be deferred.
President Boswell took the chair at 5:55 p.m.
HOUSE AMENDMENT CONSIDERED
Senate File 2443
Senator Vilsack called up for consideration Senate File 2443, a
bill for an act appropriating funds to the department of economic
development, the Iowa finance authority, certain board of regents
institutions, the public employment relations board, and the department
of employment services, and making related statutory changes, amended by
the House, and moved that the Senate concur in House amendment S-5459
filed March 20, 1996.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment.
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 bill in which the
concurrence of the House was asked:
Senate File 2423, a bill for an act prohibiting a person from
soliciting another person to arrange a sex act with a child and making a
penalty applicable.
ALSO: That the House has on March 27, 1996, amended and passed the
following bill in which the concurrence of the Senate is asked:
Senate File 2449, a bill for an act changing the computation of
the inflation factors for the tax brackets and standard deduction under
the individual income tax; changing the computation of taxable income of
certain subchapter S corporations and their shareholders; increasing
inheritance tax exemptions for certain relatives; increasing the amount
of the appropriations for homestead credit, military service credit, and
low-income credit and reimbursement claims; providing income tax credits
for investing in a qualified venture capital company; establishing
incentives for family farm animal feeding operations and making an
appropriation; adjusting the funding for the family farm and
agricultural land tax credits; establishing a study of the property tax
system as the sole or major source of local funding and of alternate
sources of funding for school, city, and county services, the repayment
of bonds or other debt obligations, and capital improvements; and
providing effective and applicability date provisions (S-5574).
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2357, 2077, 2452, 2221 and 2443 be immediately messaged to the House.
APPENDIX
STUDY BILL RECEIVED
SSB 2349
Ways & Means
Relating to estate issues by modifying certain exemptions and tax
rates for inheritance taxes, the jurisdiction of the probate court on
certain testamentary trusts, fees payable on certain trusts, and
including an applicability provision.
NOTICE OF HEARINGS
Jacquelyne I. Allen appointed by the Governor to the State Racing
and Gaming Commission will appear before the Senate State Government
Committee on April 3, 1996, at 12:00 noon, Room 22, State Capitol
Building.
JIM LIND, Chair SENATE INVESTIGATING COMMITTEE
Willard Bill R. Hansen appointed by the Governor to the State
Racing and Gaming Commission will appear before the Senate State
Government Committee on April 3, 1996, at 12:00 noon, Room 22, State
Capitol Building.
MIKE CONNOLLY, Chair SENATE INVESTIGATING COMMITTEE
Rita D. Sealock appointed by the Governor to the State Racing and
Gaming Commission will appear before the Senate State Government
Committee on April 3, 1996, at 12:00 noon, Room 22, State Capitol
Building.
MICHAEL E. GRONSTAL, Chair SENATE INVESTIGATING COMMITTEE
COMMITTEE REPORT
STATE GOVERNMENT
Final Bill Action: HOUSE FILE 2234, a bill for an act relating to
exempting certain nonrnesident aliens from land ownership restrictions.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
Connolly, Dearden, Fink, Giannetto, Halvorson, Lind, McLaren and
Sorensen. Nays, none. Absent or not voting, 2: Drake and Lundby.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
SUBCOMMITTEE ASSIGNMENT
SSB 2349
WAYS AND MEANS: Connolly, Chair; Freeman and Neuhauser
REPORTS OF STANDING COMMITTEES
(Place nominees on En Bloc Confirmation Calendar)
COMMERCE
Pursuant to Senate Rule 59, the committee on Commerce assigned to
investigate the following governors appointments, completed its
investigations on March 27, 1996, and recommended the appointees be
confirmed:
Margaret M. Chadwell and Ernest W. Gilson as members of the Credit
Union Review Board.
COMMUNICATIONS AND INFORMATION POLICY
Pursuant to Senate Rule 59, the committee on Communications and
Information Policy assigned to investigate the following governors
appointment, completed its investigation on March 27, 1996, and
recommended the appointee be confirmed:
Richard H. Opie as a member of the Iowa Telecommunications and
Technology Commission.
EDUCATION
Pursuant to Senate Rule 59, the committee on Education assigned to
investigate the following governors appointments, completed its
investigations on March 27, 1996, and recommended the appointees be
confirmed:
Harriet B. Gottlieb as a member of the Iowa Higher Education Loan
Authority.
Marilyn J. Perkins as a member of the School Budget Review
Committee.
Susan J. Clouser, Corine A. Hadley, Mary Jean Montgomery and Gene
E. Vincent as members of the State Board of Education.
JUDICIARY
Pursuant to Senate Rule 59, the committee on Judiciary assigned to
investigate the following governors appointment, completed its
investigation on March 26, 1996, and recommended the appointee be
confirmed:
Elizabeth R. Walker as a member of the Board of Parole.
LOCAL GOVERNMENT
Pursuant to Senate Rule 59, the committee on Local Government
assigned to investigate the following governors appointments, completed
its investigations on March 27, 1996, and recommended the appointees be
confirmed:
Dennis A. Plautz and Nita L. Taggart as members of the City
Development Board.
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Pursuant to Senate Rule 59, the committee on Small Business,
Economic Development and Tourism assigned to investigate the following
governors appointments, completed its investigations on March 27, 1996,
and recommended the appointees be confirmed:
Philip C. Smith as Director of the Office for State-Federal
Relations.
Joan Y. Phillips and Charese E. Yanney as members of the Iowa
Economic Development Board.
John B. Parks, L. Jeanne Partlow and Randolph P. Steig as members
of the Iowa Seed Capital Corporation.
Frances S. Fleck and Karla Wright as members of the Small Business
Advisory Council.
Paul C. Johnson, Janice K. Laue and Dr. Nancy J. Tomes as members
of the Wallace Technology Transfer Foundation of Iowa.
REPORTS OF STANDING COMMITTEES
(Place nominees on Individual Confirmation Calendar)
COMMUNICATIONS AND INFORMATION POLICY
Pursuant to Senate Rule 59, the committee on Communications and
Information Policy assigned to investigate the following governors
appointment, completed its investigation on March 27, 1996, and
recommended the appointee be confirmed:
Richard H. Opie as Chair of the Iowa Telecommunications and
Technology Commission.
EDUCATION
Pursuant to Senate Rule 59, the committee on Education assigned to
investigate the following governors appointment, completed its
investigation on March 27, 1996, and recommended the appointee be
confirmed:
Roger L. Lande as a member of the State Board of Regents.
AMENDMENTS FILED
S-5565 H.F. 2449 Michael E. Gronstal
S-5566 S.F. 2062 House amendment
S-5567 H.F. 2449 Sheldon Rittmer
S-5568 H.F. 2449 Sheldon Rittmer
S-5569 H.F. 2449 Tony Bisignano
S-5570 S.F. 2450 Merlin E. Bartz
S-5571 H.F. 2331 Tony Bisignano
S-5572 S.F. 2370 Michael E. Gronstal
S-5573 S.F. 2370 Michael E. Gronstal
S-5574 S.F. 2449 House amendment
S-5575 H.F. 2433 Berl E. Priebe
John P. Kibbie
Brad Banks
Bill Fink
Rod Halvorson
S-5576 H.F. 2449 Berl E. Priebe
S-5577 H.F. 2419 Andy McKean
S-5578 H.F. 2144 Tom Vilsack
Nancy Boettger
S-5579 S.F. 2370 Patrick J. Deluhery
Donald B. Redfern
Michael E. Gronstal
Tony Bisignano
JoAnn Douglas
Tom Flynn
Merlin E. Bartz
Mary Lou Freeman
Mary A. Lundby
William D. Palmer
Emil J. Husak
Steven D. Hansen
Don Gettings
S-5580 S.F. 2449 William D. Palmer
Michael E. Gronstal
Emil J. Husak
S-5581 H.F. 2256 Patty Judge
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:58 p.m., until
9:00 a.m., Thursday, March 28, 1996.
| Previous Day: Tuesday, March 26 | Next Day: Thursday, March 28 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Thu Mar 28 13:30:17 CST 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0327.html
jhf