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EIGHTY-FIRST CALENDAR DAY
FORTY-EIGHTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 28, 1996
The Senate met in regular session at 9:09 a.m., President Boswell
presiding.
Prayer was offered by the Reverend David Ohrt, pastor of the United
Methodist Church, Woodward, Iowa.
The Journal of Wednesday, March 27, 1996, was approved.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on March 28, 1996, adopted the following resolution in which
the concurrence of the Senate is asked:
House Concurrent Resolution 122, a concurrent resolution to
designate March 29, 1996, Iowa State Flag Day.
This resolution was read first time and assigned to committee on
State Government.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 40 present, 10 absent and a quorum present.
UNFINISHED BUSINESS CALENDAR
Senate File 2180
On motion of Senator Bisignano, Senate File 2180, a bill for an act
expanding the factors that a court and the state department of
transportation may consider in ordering the issuance of a temporary
restricted license, and providing an effective date, with report of
committee recommending passage, and placed on the Unfinished Business
Calendar on March 20, 1996, was taken up for consideration.
Senator Bisignano asked and received unanimous consent that House
File 2331 be substituted for Senate File 2180.
House File 2331
On motion of Senator Bisignano, House File 2331, a bill for an act
expanding the factors that a court and the state department of
transportation may consider in ordering the issuance of a temporary
restricted license, and providing an effective date, was taken up for
consideration.
Senator Bisignano offered amendment S-5571 filed by him on March
27, 1996, to pages 1-3 of the bill and moved its adoption.
Amendment S-5571 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Hammond until she arrives on request of Senator Dearden.
BUSINESS PENDING
House File 2331
The Senate resumed consideration of House File 2331.
Senator Bisignano moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2331) the vote was:
Ayes, 34:
Bartz Bisignano Black Boswell
Connolly Dearden Deluhery Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Hansen Hedge Horn Husak
Iverson Judge Kibbie Lind
Murphy Neuhauser Palmer Priebe
Rife Rittmer Sorensen Szymoniak
Vilsack Zieman
Nays, 13:
Banks Bennett Boettger Borlaug
Douglas Halvorson Jensen Lundby
Maddox McKean McLaren Redfern
Rensink
Absent or not voting, 3:
Hammond Kramer Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Tinsman and Kramer until they arrive on request of Senator
Rife.
UNFINISHED BUSINESS
(Deferred March 27, 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, and amendment S-5543 by Senators Lundby and
McKean to page 7 of amendment S-5489, deferred March 27, 1996.
President pro tempore Bisignano took the chair at 9:37 a.m.
Senator Lundby moved the adoption of amendment S-5543 to amendment
S-5489.
A record roll call was requested.
On the question Shall amendment S-5543 to amendment S-5489 be
adopted? (H.F. 2449) the vote was:
Ayes, 39:
Bartz Bennett Black Boettger
Borlaug Boswell Dearden Deluhery
Douglas Drake Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hedge Horn
Husak Iverson Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Priebe
Rensink Rife Rittmer Sorensen
Szymoniak Vilsack Zieman
Nays, 8:
Banks Bisignano Connolly Dvorsky
Hansen Neuhauser Palmer Redfern
Absent or not voting, 3:
Hammond Kramer Tinsman
Amendment S-5543 was adopted.
President Boswell took the chair at 9:43 a.m.
Senator Bisignano withdrew amendment S-5545 filed by him on March
26, 1996, to page 7 of amendment S-5489.
Senator Gronstal offered amendment S-5565 filed by him on March 27,
1996, to pages 7 and 8 of amendment S-5489 and moved its adoption.
Amendment S-5565 was adopted by a voice vote.
Senator Bisignano offered amendment S-5569 filed by him on March
27, 1996, to page 7 of amendment S-5489.
Senator Hammond raised the point of order that amendment S-5569 to
amendment S-5489 was not germane.
The Chair ruled the point not well taken and amendment S-5569 in
order.
Senator Bisignano moved the adoption of amendment S-5569 to
amendment S-5489, which motion prevailed by a voice vote.
Senator Lundby withdrew amendment S-5582 filed by her from the
floor to pages 7 and 8 of amendment S-5489.
Senator Rittmer offered amendment S-5568 filed by him on March 27,
1996, to page 8 of amendment S-5489.
Amendment S-5568 was adopted by a voice vote.
Senator Gronstal offered amendment S-5583 filed by him from the
floor to page 8 of amendment S-5489 and moved its adoption.
Amendment S-5583 was adopted by a voice vote.
Senator Priebe withdrew amendment S-5576 filed by him on March 27,
1996, to page 8 of amendment S-5489.
Senator Priebe offered amendment S-5584 filed by him from the floor
to page 8 of amendment S-5489 and moved its adoption.
Amendment S-5584 was adopted by a voice vote.
Senator Bartz raised the point of order that amendment S-5489 as
amended was not germane to the bill.
The Chair ruled the point not well taken and amendment S-5489 as
amended in order.
President pro tempore Bisignano took the chair at 11:19 a.m.
The Senate stood at ease at 12:02 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 12:15 p.m., President pro tempore
Bisignano presiding.
BUSINESS PENDING
House File 2449
The Senate resumed consideration of House File 2449.
Senator Gronstal moved the adoption of amendment S-5489 as amended.
A record roll call was requested.
On the question Shall amendment S-5489 as amended be adopted? (H.F.
2449) the vote was:
Ayes, 29:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak
Nays, 18:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Lind
McLaren Redfern Rensink Rife
Rittmer Zieman
Absent or not voting, 3:
Kramer Tinsman Vilsack
Amendment S-5489 as amended was adopted.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Vilsack until he returns on request of Senator Sorensen.
BUSINESS PENDING
House File 2449
The Senate resumed consideration of House File 2449.
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. 2449) the vote was:
Ayes, 36:
Bennett Bisignano Black Boettger
Boswell Connolly Dearden Deluhery
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Judge
Kibbie Lundby Maddox McKean
Murphy Neuhauser Palmer Priebe
Rittmer Sorensen Szymoniak Zieman
Nays, 11:
Banks Bartz Borlaug Douglas
Iverson Jensen Lind McLaren
Redfern Rensink Rife
Absent or not voting, 3:
Kramer Tinsman Vilsack
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
2331 and 2449 be immediately messaged to the House.
HOUSE MESSAGE RECEIVED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on March 28, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2213, a bill for an act relating to the continued
existence of the prevention of disabilities policy council and technical
assistance committee and providing an effective date (S-5592).
RECESS
On motion of Senator Horn, the Senate recessed at 12:35 p.m., until
2:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
COMMERCE
Convened: March 27, 1996, 2:38 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Douglas, Freeman, Gettings, Gronstal, Hedge, Husak, Palmer and
Redfern.
Members Absent: Bartz, Bisignano, Freeman and Priebe (all excused).
Committee Business: Recommended confirmation of governors appointees.
Adjourned: 2:41 p.m.
COMMUNICATIONS AND INFORMATION POLICY
Convened: March 27, 1996, 1:30 p.m.
Members Present: Dvorsky, Chair; Deluhery, Vice Chair; McLaren, Ranking
Member; Flynn, Hansen and Jensen.
Members Absent: Redfern (excused).
Committee Business: Recommended confirmation of and placed governors
appointee Richard H. Opie as chair of ITTC on individual confirmation
calendar; recommended confirmation of and placed governors appointee
Richard H. Opie as a member of ITTC on en bloc calendar.
Adjourned: 1:45 p.m.
EDUCATION
Convened: March 27, 1996, 2:04 p.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind,
Neuhauser, Rensink, Szymoniak and Tinsman.
Members Absent: Murphy (excused).
Committee Business: Recommended confirmation of governors appointees.
Adjourned: 2:17 p.m.
LOCAL GOVERNMENT
Convened: March 27, 1996, 1:25 p.m.
Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
Member; Halvorson, Judge and Zieman.
Members Absent: Black, Fraise, McKean and Rittmer (all excused).
Committee Business: Recommended confirmation of governors appointees.
Adjourned: 1:27 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM
Convened: March 27, 1996, 11:31 a.m.
Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
Member; Bennett, Boettger, Flynn, Giannetto, Kibbie, Maddox, McKean and
Szymoniak.
Members Absent: Borlaug, Palmer, Sorensen and Vilsack (all excused).
Committee Business: Recommended confirmation of governors appointee.
Adjourned: 11:34 a.m.
STATE GOVERNMENT
Convened: March 27, 1996, 11:30 a.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto,
Halvorson, Lind, McLaren and Sorensen.
Members Absent: Lundby (excused).
Committee Business: Recommended confirmation of governors appointees;
recommended passage of House File 2234.
Adjourned: 11:55 a.m.
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MR. PRESIDENT: The Secretary of the Senate respectfully reports
that the following bills have been enrolled, signed by the President of
the Senate and the Speaker of the House, and presented to the Governor
for his approval on this 28th day of March, 1995:
Senate Files 2121, 2270, 2336, 2337 and 2363.
JOHN F. DWYER Secretary of the Senate
REPORTS OF STANDING COMMITTEE
(Place nominees on En Bloc Confirmation Calendar)
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Pursuant to Senate Rule 59, the committee on Natural Resources,
Environment and Energy assigned to investigate the following governors
appointments, completed its investigations on March 26, 1996, and
recommended the appointees be confirmed:
A.H. Cooper and Eric C. Seuren as members of the Renewable Fuels
and Coproducts Advisory Committee.
SUBCOMMITTEE ASSIGNMENTS
House Concurrent Resolution 119
RULES AND ADMINISTRATION: Gettings, Chair; Husak and Rife
House Concurrent Resolution 122
STATE GOVERNMENT: Fink, Chair; Drake and Halvorson
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Forty-five members of Financial Women International from the States
of Iowa, Nebraska and Florida. Senator Deluhery.
Sixty sixth grade students from Nashua-Plainfield, Nashua,
accompanied by Mr. Anderson. Senator Borlaug.
Thirty-five seniors from Green Mountain-Garwin School, accompanied
by Trent Taylor and Gary Sinclair. Senators Husak and Giannetto.
AMENDMENTS FILED
S-5582 H.F. 2449 Mary Lundby
S-5583 H.F. 2449 Michael E. Gronstal
S-5584 H.F. 2449 Berl E. Priebe
S-5585 H.F. 2350 Don E. Gettings
S-5586 H.F. 2350 Don E. Gettings
S-5587 S.F. 2389 Elaine Szymoniak
S-5588 S.F. 2389 Elaine Szymoniak
S-5589 S.F. 2389 Elaine Szymoniak
S-5590 S.F. 2389 Elaine Szymoniak
S-5591 H.F. 2369 Michael E. Gronstal
S-5592 S.F. 2213 House amendment
S-5593 S.F. 2449 William D. Palmer
Michael E. Gronstal
S-5594 S.F. 2449 Wayne Bennett
S-5595 H.F. 2350 Don E. Gettings
S-5596 H.F. 2458 Randal J. Giannetto
S-5597 S.F. 2140 Steven D. Hansen
Jim Lind
S-5598 S.F. 2449 Wayne D. Bennett
S-5599 H.F. 2448 Andy McKean
Randal J. Giannetto
Tom Flynn
S-5600 S.F. 2375 House amendment
S-5601 H.F. 2448 Andy McKean
AFTERNOON SESSION
The Senate reconvened at 2:42 p.m., President Boswell presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
HOUSE MESSAGE RECEIVED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on March 28, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2375, a bill for an act relating to a limitation on
qualifications for rebuttable presumptions for nuisance defenses for
certain persons classified as chronic violators involved in confinement
feeding operations (S-5600).
INTRODUCTION OF BILL
Senate File 2453, by Horn and Rife, a bill for an act relating to
boilers and unfired steam pressure vessels by providing for the
inspection of certain unfired steam pressure vessels, the procedure for
adopting rules, and providing an effective date.
Read first time and passed on file.
CONSIDERATION OF BILL
(Regular Calendar)
House File 2433
On motion of Senator Kibbie, House File 2433, a bill for an act
relating to the management of waste tires by providing for the
establishment of a waste tire management fund, allocation of moneys to
facilitate elimination of waste tires and the establishment of future
markets for waste tires, providing for the redirection of the existing
fee on certificates of title of motor vehicles, and providing a repeal,
with report of committee recommending amendment and passage, was taken
up for consideration.
Senator Fink asked and received unanimous consent to withdraw
amendment S-5494 filed by the committee on Natural Resources,
Environment and Energy on March 21, 1996, to pages 2, 3 and the title
page of the bill.
Senator Priebe offered amendment S-5575 filed by Senators Priebe,
et al., on March 27, 1996, to pages 2 and 7 of the bill and moved its
adoption.
Amendment S-5575 was adopted by a voice vote.
Senator Kibbie offered amendment S-5563 filed by him on March 27,
1996, to page 3 of the bill and moved its adoption.
Amendment S-5563 was adopted by a voice vote.
Senator Husak asked and received unanimous consent that action on
House File 2433 be deferred.
COMMITTEE REPORT
STATE GOVERNMENT
Final Bill Action: HOUSE CONCURRENT RESOLUTION 122, a concurrent
resolution to designate March 29, 1996, Iowa State Flag Day.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Gronstal, Kibbie, Bennett, Connolly, Dearden,
Drake, Fink, Giannetto, Halvorson, Lind, Lundby and McLaren. Nays, none.
Absent or not voting, 3: Rittmer, Bisignano and Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House Concurrent Resolution 122.
House Concurrent Resolution 122
On motion of Senator Fink, House Concurrent Resolution 122, a
concurrent resolution to designate March 29, 1996, Iowa State Flag Day,
with report of committee recommending passage, was taken up for
consideration.
Senator Fink moved the adoption of House Concurrent Resolution
122, which motion prevailed by a voice vote.
HOUSE AMENDMENT CONSIDERED
Senate File 2449
Senator Palmer called up for consideration 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; and providing effective and applicability
date provisions, amended by the House in House amendment S-5574 filed
March 27, 1996.
Senator Bennett offered amendment S-5598 filed by him from the
floor to amendment S-5574.
Senator Priebe asked and received unanimous consent that action on
amendment S-5598 to House amendment S-5574 be deferred.
Senator Lind asked and received unanimous consent that action on
House amendment S-5574 and Senate File 2449 be deferred.
UNFINISHED BUSINESS CALENDAR
Senate File 2370
On motion of Senator Gronstal, Senate File 2370, a bill for an act
relating to energy efficiency programs, electric and gas public utility
energy efficiency mandates, and the Iowa energy center and the center
for global and regional environmental research, with report of committee
on Natural Resources, Environment and Energy recommending amendment and
passage on March 19, 1996, and placed on the Unfinished Business
Calendar on March 21, 1996, was taken up for consideration.
Senator Gronstal offered amendment S-5417 filed by the committee on
Natural Resources, Environment and Energy on March 19, 1996, to page 3
of the bill and moved its adoption.
Amendment S-5417 was adopted by a voice vote.
Senator Deluhery offered amendment S-5183 filed by Senators
Deluhery, Lundby and Gronstal on March 5, 1996, to pages 3 and 4 of the
bill and moved its adoption.
Amendment S-5183 was adopted by a voice vote.
Senator Gronstal offered amendment S-5573 filed by him on March 27,
1996, to page 3 of the bill and moved its adoption.
Amendment S-5573 was adopted by a voice vote.
Senator Deluhery offered amendment S-5579 filed by Senators
Deluhery, et al., on March 27, 1996, to pages 3 and 5 of the bill.
President pro tempore Bisignano took the chair at 4:25 p.m.
Senator Kibbie offered amendment S-5603 filed by Senators Kibbie,
et al., from the floor to amendment S-5579.
President Boswell took the chair at 5:00 p.m.
Senator Horn asked and received unanimous consent that action on
amendment S-5603 to amendment S-5579, amendment S-5579 and Senate File
2370 be deferred.
BUSINESS PENDING
Senate File 2449
The Senate resumed consideration of 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; and providing effective and applicability
date provisions, House amendment S-5574, and amendment S-5598 by Senator
Bennett to House amendment S-5574, previously deferred.
Senator Priebe offered amendment S-5609 filed by him from the floor
to amendment S-5598 to House amendment S-5574.
Senator Iverson raised the point of order that amendment S-5609 to
amendment S-5598 to House amendment S-5574 was not germane.
The Chair ruled the point not well taken and amendment S-5609 in
order.
Senator Priebe moved the adoption of amendment S-5609 to amendment
S-5598 to House amendment S-5574 and requested a record roll call.
On the question Shall amendment S-5609 to amendment S-5598 to House
amendment S-5574 be adopted? (S.F. 2449) the vote was:
Ayes, 5:
Gettings Giannetto Hedge Kibbie
Priebe
Nays, 45:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gronstal Halvorson
Hammond Hansen Horn Husak
Iverson Jensen Judge Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Amendment S-5609 lost.
Senator Bartz offered amendment S-5610 filed by him from the floor
to amendment S-5598 to House amendment S-5574, moved its adoption and
requested a record roll call.
On the question Shall amendment S-5610 to amendment S-5598 to House
amendment S-5574 be adopted? (S.F. 2449) the vote was:
Ayes, 35:
Bartz Bisignano Black Boettger
Boswell Connolly Dearden Deluhery
Douglas Fink Flynn Fraise
Freeman Gettings Gronstal Halvorson
Hammond Hansen Horn Husak
Jensen Judge Kibbie Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Redfern Sorensen
Szymoniak Vilsack Zieman
Nays, 14:
Banks Bennett Borlaug Drake
Giannetto Hedge Iverson Kramer
McLaren Priebe Rensink Rife
Rittmer Tinsman
Absent or not voting, 1:
Dvorsky
Amendment S-5610 was adopted.
Senator Bennett moved the adoption of amendment S-5598 as amended
to House amendment S-5574 and requested a record roll call.
On the question Shall amendment S-5598 as amended to House
amendment S-5574 be adopted? (S.F. 2449) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 24:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Priebe Redfern Rensink
Rife Rittmer Tinsman Zieman
Nays, 25:
Bisignano Black Boswell Connolly
Dearden Deluhery Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Murphy
Neuhauser Palmer Sorensen Szymoniak
Vilsack
Absent or not voting, 1:
Dvorsky
Amendment S-5598 as amended lost.
Senator Palmer offered amendment S-5580 filed by Senators Palmer,
Gronstal and Husak on March 27, 1996, to House amendment S-5574.
Senator Palmer offered amendment S-5593 filed by Senators Palmer
and Gronstal from the floor to amendment S-5580 to House amendment
S-5574.
Senator Iverson raised the point of order that amendment S-5593 was
not germane to amendment S-5580.
The Chair ruled the point not well taken and amendment S-5593 in
order.
Senator Bartz asked and received unanimous consent that action on
amendment S-5593 to amendment S-5580 to House amendment S-5574 be
deferred.
Senator Bartz withdrew his request to defer.
Senator Palmer moved the adoption of amendment S-5593 to amendment
S-5580 to House amendment S-5574.
A record roll call was requested.
On the question Shall amendment S-5593 to amendment S-5580 to House
amendment S-5574 be adopted? (S.F. 2449) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 23:
Bartz Bennett Bisignano Black
Connolly Dearden Deluhery Dvorsky
Fink Flynn Giannetto Gronstal
Halvorson Hammond Hansen Horn
Kibbie Lundby Murphy Neuhauser
Palmer Szymoniak Vilsack
Nays, 26:
Banks Boettger Borlaug Boswell
Douglas Drake Fraise Freeman
Gettings Hedge Husak Iverson
Jensen Judge Lind Maddox
McKean McLaren Priebe Redfern
Rensink Rife Rittmer Sorensen
Tinsman Zieman
Absent or not voting, 1:
Kramer
Amendment S-5593 lost.
The Chair ruled amendment S-5594 filed by Senator Bennett from the
floor to amendment S-5580 to House amendment S-5574, out of order.
Senator Murphy asked and received unanimous consent to withdraw
amendment S-5602 filed by Senators Murphy, Bennett and Gronstal from the
floor to amendment S-5580 to House amendment S-5574.
Senator Palmer moved that the Senate concur in the House amendment
as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Palmer moved that the bill as amended by the House, further
amended and concurred in by the Senate, 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. 2449) the vote was:
Ayes, 30:
Bartz Black Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Murphy Neuhauser
Palmer Priebe Rittmer Sorensen
Szymoniak Vilsack
Nays, 19:
Banks Bennett Bisignano Boettger
Borlaug Douglas Hedge Iverson
Jensen Lind Lundby Maddox
McKean McLaren Redfern Rensink
Rife Tinsman Zieman
Absent or not voting, 1:
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House
Concurrent Resolution 122 and Senate File 2449 be immediately messaged
to the House.
BUSINESS PENDING
Senate File 2370
The Senate resumed consideration of Senate File 2370, a bill for an
act relating to energy efficiency programs, electric and gas public
utility energy efficiency mandates, and the Iowa energy center and the
center for global and regional environmental research, amendment S-5579
by Sentaors Deluhery, et al., to pages 3 and 5 of the bill and amendment
S-5603 by Senators Kibbie, et al., to amendment S-5579, previously
deferred.
Senator Kibbie moved the adoption of amendment S-5603 to amendment
S-5579 and requested a record roll call.
On the question Shall amendment S-5603 to amendment S-5579 be
adopted? (S.F. 2370) the vote was:
Ayes, 13:
Bennett Black Freeman Halvorson
Horn Iverson Jensen Kibbie
McKean McLaren Murphy Sorensen
Zieman
Nays, 36:
Banks Bartz Bisignano Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Gettings
Giannetto Gronstal Hammond Hansen
Hedge Husak Judge Lind
Lundby Maddox Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Szymoniak Tinsman Vilsack
Absent or not voting, 1:
Kramer
Amendment S-5603 lost.
Senator Deluhery moved the adoption of amendment S-5579, which
motion prevailed by a voice vote.
Senator Gronstal offered amendment S-5572 filed by him from the
floor to page 3 of the bill and requested a division: lines 2-4 as
division S-5572A and lines 5-12 as division S-5572B.
Senator Gronstal withdrew division S-5572A.
Senator Gronstal moved the adoption of division S-5572B, which
motion prevailed by a voice vote.
Senator Halvorson offered amendment S-5605 filed by him from the
floor to page 5 and the title page of the bill.
Senator Lind raised the point of order that amendment S-5605 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5605 out of
order.
Senator Gronstal withdrew amendment S-5481 filed by him on March
21, 1996, to page 5 of the bill.
Senator Fink offered amendment S-5608 filed by Senators Fink, et
al., from the floor to pages 1, 4, 5, 7 and the title page of the bill.
Senator Lind raised the point of order that amendment S-5608 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5608 out of
order.
Senator Halvorson withdrew amendment S-5612 filed by him from the
floor to page 1 and the title page of the bill.
Senator Lundby asked and received unanimous consent to withdraw
amendment S-5607 filed by Senators Lundby, Horn and McKean from the
floor to pages 2, 7 and the title page of the bill.
Senator Lundby offered amendment S-5611 filed by Senators Lundby,
McKean and Dvorsky from the floor to pages 2, 7 and the title page of
the bill.
Senator Lind raised the point of order that amendment S-5611 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5611 out of
order.
Senator Black asked and received unanimous consent that action on
Senate File 2370 be deferred.
BUSINESS PENDING
House File 2433
The Senate resumed consideration of House File 2433, a bill for an
act relating to the management of waste tires by providing for the
establishment of a waste tire management fund, allocation of moneys to
facilitate elimination of waste tires and the establishment of future
markets for waste tires, providing for the redirection of the existing
fee on certificates of title of motor vehicles, and providing a repeal,
previously deferred.
Senator Kibbie moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2433) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Kramer Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Horn asked and received unanimous consent that Senate Files
2184, 2247 and 2362 be withdrawn from further consideration of the
Senate.
BILLS REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that the
following bills on the Regular Calendar be placed on the Unfinished
Business Calendar:
House Files 511, 2144, 230, 2109, 2050, 2308, 2113, 2306, 2350,
2369, 2383, 2412, 2427, 2234 and 2387.
HOUSE MESSAGE RECEIVED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on March 28, 1996, insisted on its amendment to 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,
and that the members of the Conference Committee on part of the House
are: The Representative from Polk, Mr. Churchill, Chair; the
Representative from Polk, Mr. Baker; the Representative from Hamilton,
Mr. Teig; the Representative from Scott, Mr. Van Fossen; the
Representative from Lee, Mr. Wise.
INTRODUCTION OF BILLS
Senate File 2454, by committee on Ways and Means, a bill for an
act relating to the time and the criteria for filing of claims for
refund under the state individual income tax by retired federal
employees as a result of the unconstitutional taxation of federal
pensions and appropriating moneys to pay refund claims and providing an
effective date.
Read first time and placed on Ways and Means Calendar.
Senate File 2455, by committee on Ways and Means, a bill for an
act relating to the administration of taxes; electronic filing of tax
returns and payments; imposition of the penalty for willfully filing a
false claim for refund; low income, elderly, and disabled property tax
credit filing and certification dates; computation of the real estate
transfer tax; repeal of obsolete property tax provision; and providing
effective and retroactive applicability dates.
Read first time and placed on Ways and Means Calendar.
Senate File 2456, by committee on Ways and Means, a bill for an
act exempting from the county property tax limitation revenues deposited
in the local emergency management fund and providing effective and
applicability dates.
Read first time and placed on Ways and Means Calendar.
Senate File 2457, by committee on Ways and Means, a bill for an
act relating to single-family residential construction and by
establishing a mediation process providing consumer remedies, and
providing for related matters.
Read first time and placed on Ways and Means Calendar.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on Senate
File 2443 on the part of the Senate: Senators Vilsack, Chair; Hansen,
Bisignano, Borlaug and McLaren.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
2433 be immediately messaged to the House.
APPENDIX
BILL ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bill to
committee:
S.F. 2453 State Government
STUDY BILLS RECEIVED
SSB 2350
Appropriations
Relating to the establishment of the rebuild Iowa financing program
and a revolving loan fund, and authorizing the Iowa finance authority to
issue bonds and lend the proceeds to certain political subdivisions to
finance infrastructure projects.
SSB 2351
Appropriations
Relating to the establishment of innovation zones to provide
services to children and families at the local level and making an
appropriation.
SSB 2352
Appropriations
Relating to the performance of a study of the feasibility of the
establishment of a managed care system for elders who are eligible for
assistance under the medical assistance program and providing for the
possible establishment of a pilot project.
SSB 2353
Appropriations
Relating to risk-based inspections of health care facilities.
SUBCOMMITTEE ASSIGNMENTS
SSB 2350
APPROPRIATIONS: Neuhauser, Chair; Douglas, Gronstal, Halvorson and
McLaren
SSB 2351
APPROPRIATIONS: Neuhauser, Chair; Hammond and Tinsman
SSB 2352
APPROPRIATIONS: Neuhauser, Chair; Gronstal and McLaren
SSB 2353
APPROPRIATIONS: Neuhauser, Chair; Gronstal and McLaren
COMMITTEE REPORTS
WAYS AND MEANS
Final Bill Action: HOUSE FILE 2366, a bill for an act relating to
entities and subject matter under the regulatory authority of the
division of insurance, including prearranged funeral contracts,
cemeteries, residential service contracts, and business opportunities,
and establishing fees.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak
and Vilsack. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2454 (SSB 2348), a bill for an act
relating to the time and the criteria for filing of claims for refund
under the state individual income tax by retired federal employees as a
result of the unconstitutional taxation of federal pensions and
appropriating moneys to pay refund claims and providing an effective
date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Palmer, Husak, Bennett, Drake, Freeman, Murphy,
Neuhauser, Priebe, Szymoniak and Vilsack. Nays, 3: Hedge, Iverson and
McLaren. Absent or not voting, 2: Connolly and Deluhery.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2455 (SSB 2313), a bill for an act
relating to the administration of taxes; electronic filing of tax
returns and payments; imposition of the penalty for willfully filing a
false claim for refund; low income, elderly, and disabled property tax
credit filing and certification dates; computation of the real estate
transfer tax; repeal of obsolete property tax provision; and providing
effective and retroactive applicability dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Palmer, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak
and Vilsack. Nays, none. Absent or not voting, 1: Husak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Ways and Means
Committee on Senate File 2455 and they were attached to the committee
report.
ALSO:
Final Bill Action: SENATE FILE 2456 (SSB 2189), a bill for an act
exempting from the county property tax limitation revenues deposited in
the local emergency management fund and providing effective and
applicability dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak
and Vilsack. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2457 (SSB 2237), a bill for an act
relating to single-family residential construction and by requiring a
bond and a cash set aside, providing consumer remedies, providing for
related matters, and providing for the applicability of the Act.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Palmer, Husak, Connolly, Deluhery, Drake, Freeman,
Hedge, Iverson, Murphy, Neuhauser, Szymoniak and Vilsack. Nays, 2:
Bennett and McLaren. Pass, 1: Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Ways and Means
Committee on Senate File 2457 and they were attached to the committee
report.
REPORTS OF STANDING COMMITTEE
(Place nominees on En Bloc Confirmation Calendar)
WAYS AND MEANS
Pursuant to Senate Rule 59, the committee on Ways and Means
assigned to investigate the following governors appointments, completed
its investigations on March 28, 1996, and recommended the appointees be
confirmed:
Fred E. McKim, Jr. and Emil S. Pavich as members of the Iowa
Railway Finance Authority.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Fifty fifth grade students from Cody Elementary School, Pleasant
Valley, accompanied by Sonia Vogel, Kity Miller, Dave Langtimm and Joel
Hake. Senators Rittmer and Tinsman.
Thirteen seventh and eighth grade students from Pine Grove
Mennonite School, Chester, accompanied by Mary Nightengale. Senator
Borlaug.
AMENDMENTS FILED
S-5602 S.F. 2449 Larry Murphy
Wayne Bennett
Michael E. Gronstal
S-5603 S.F. 2370 John P. Kibbie
Dennis H. Black
John W. Jensen
Stewart Iverson, Jr.
Albert G. Sorensen
Berl E. Priebe
Mary Lou Freeman
Derryl McLaren
S-5604 S.F. 2389 O. Gene Maddox
S-5605 S.F. 2370 Rod Halvorson
S-5606 S.F. 2140 Rod Halvorson
S-5607 S.F. 2370 Mary Lundby
Wally E. Horn
Andy McKean
S-5608 S.F. 2370 Bill Fink
Mary Lou Freeman
Mary A. Lundby
Rodney Halvorson
Berl E. Priebe
Robert E. Dvorsky
Mike Connolly
Allen Borlaug
S-5609 S.F. 2449 Berl E. Priebe
S-5610 S.F. 2449 Merlin E. Bartz
S-5611 S.F. 2370 Mary Lundby
Andy McKean
Robert E. Dvorsky
S-5612 S.F. 2370 Rod Halvorson
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 7:50 p.m., until
1:30 p.m., Monday, April 1, 1996.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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