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EIGHTY-FIFTH CALENDAR DAY FORTY-NINTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 1, 1996 The Senate met in regular session at 1:48 p.m., President Boswell presiding. Prayer was offered by Father Donald Schmitt, pastor of the St. Athanasius Catholic Church, Jesup, Iowa. The Journal of Thursday, March 28, 1996, was approved. 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 2446, a bill for an act relating to agriculture and natural resources, by providing for appropriations, providing related statutory changes, and providing effective dates (S-5613). The Senate stood at ease at 2:06 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 2:10 p.m., President Boswell presiding. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. President pro tempore Bisignano took the chair at 2:13 p.m. The vote revealed 46 present, 4 absent and a quorum present. BILLS REFERRED TO COMMITTEE Senator Horn asked and received unanimous consent that the following bills be referred from the Regular Calendar to committee: H.F. 61 Judiciary H.F. 135 Judiciary H.F. 166 Agriculture H.F. 345 Judiciary H.F. 2366 Commerce UNFINISHED BUSINESS (Deferred March 27, 1996) 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, deferred March 27, 1996. Senator McKean offered amendment S-5577 filed by him on March 27, 1996, to page 3 of the bill and moved its adoption. Amendment S-5577 was adopted by a voice vote. Senator Rittmer withdrew the motion to reconsider the vote by which amendment S-5557 to House File 2419 was adopted by the Senate on March 27, 1996, filed by him on March 27, 1996, and found on page 1086 of the Senate Journal. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise until he arrives on request of Senator Sorensen. BUSINESS PENDING House File 2419 The Senate resumed consideration of House File 2419. 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. 2419) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Fraise The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. UNFINISHED BUSINESS CALENDAR House File 2306 On motion of Senator Fink, House File 2306, a bill for an act relating to the regulation of motorboats on certain artificial lakes, and providing an effective date, with report of committee recommending amendment and passage, and placed on the Unfinished Business Calendar on March 28, 1996, was taken up for consideration. Senator Fink offered amendment S-5497 filed by the committee on Natural Resources, Environment and Energy on March 21, 1996, to page 1 and the title page of the bill and moved its adoption. A non record roll call was requested. Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. The ayes were 26, nays 22. Amendment S-5497 was adopted. 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? (H.F. 2306) the vote was: Ayes, 31: Bisignano Borlaug Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Freeman Gettings Giannetto Gronstal Halvorson Hammond Horn Husak Judge Kibbie Lundby Maddox McKean Murphy Neuhauser Palmer Priebe Redfern Rittmer Sorensen Szymoniak Vilsack Nays, 18: Banks Bartz Bennett Black Boettger Douglas Drake Hansen Hedge Iverson Jensen Kramer Lind McLaren Rensink Rife Tinsman Zieman Absent or not voting, 1: Fraise The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. House File 2308 On motion of Senator Banks, House File 2308, a bill for an act relating to asbestos removal and encapsulation, with report of committee recommending passage, and placed on the Unfinished Business Calendar on March 28, 1996, was taken up for consideration. Senator Banks 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. 2308) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Fraise The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 2350 On motion of Senator Gettings, House File 2350, a bill for an act relating to motor vehicle dimensional and weight requirements and certificates of title for commercial vehicles, with report of committee recommending amendment and passage, and placed on the Unfinished Business Calendar on March 28, 1996, was taken up for consideration. Senator Gettings offered amendment S-5482 filed by the committee on Transportation on March 21, 1996, to pages 1 and 3 of the bill and moved its adoption. Amendment S-5482 was adopted by a voice vote. Senator Gettings offered amendment S-5585 filed by him on March 28, 1996, to page 3 and the title page of the bill and moved its adoption. Amendment S-5585 was adopted by a voice vote. Senator Gettings offered amendment S-5586 filed by him on March 28, 1996, to page 3 and the title page of the bill. Senator Gettings offered amendment S-5595 filed by him on March 28, 1996, to amendment S-5586 and moved its adoption. Amendment S-5595 was adopted by a voice vote. Senator Gettings moved the adoption of amendment S-5586 as amended, which motion prevailed 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. 2350) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Fraise Murphy The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. President Boswell took the chair at 2:55 p.m. Senate File 2173 On motion of Senator Neuhauser, Senate File 2173, a bill for an act relating to the motor vehicle fuel tax law and providing effective and retroactive applicability dates, and placed on the Unfinished Business Calendar on March 21, 1996, was taken up for consideration. Senator Neuhauser offered amendment S-5084 filed by her on February 19, 1996, to page 4 of the bill and moved its adoption. Amendment S-5084 was adopted by a voice vote. Amendment S-5098 filed by Senator Bartz on February 22, 1996, to page 3 of the bill was out of order. Senator Neuhauser asked and received unanimous consent that House File 2140 be substituted for Senate File 2173 as amended. House File 2140 On motion of Senator Neuhauser, House File 2140, a bill for an act relating to the motor vehicle fuel tax law and providing effective and retroactive applicability dates, was taken up for consideration. Senator Bartz asked and received unanimous consent that action on amendment S-5389 filed by him on March 18, 1996, to page 3 of the bill be deferred. Senator Bartz offered amendment S-5346 filed by him on March 14, 1996, to page 3 of the bill. Senator Bisignano asked and received unanimous consent that action on amendment S-5346 and House File 2140 be deferred. SPECIAL GUESTS Senator Boswell welcomed the following delegation of parliamentarians from Stavropol Krai, who were present in the Senate Chamber: Yury A. Gontar, Deputy Chairman, Stavropol Regional State Duma; Tatyana D. Gabitova, Chairman, Committee on Social Policy, (SRSD); Victor A. Cherepanov, Chairman Audit-Accounting Committee, (SRSD) and Victor P. Khloponya, Chairman, Legislative and Jurisdictional Committee, (SRSD). They were accompanied by interpreter Olga Strokova, PH.D. from Iowa State University. Senators Horn and Rife extended their welcome and expressed pleasure at the exchange program which encourages learning and understanding of each ones culture, people and government. Senator Boswell invited Senators Horn and Rife to the well and Senators McLaren and Neuhauser escorted the guests to the well where Senator Szymoniak presented the individuals who addressed the Senate. The parliamentarians said they felt very much at home and noted the similarities between Stavropol and Iowa. They spoke of its growth and hoped contributions would strengthen relationships. A flag of Stavropol was recently established and the delegation presented a flag to President Boswell and also an ornate and decorative vase. Each of the parliamentarians were presented an Iowa Official Register signed by all fifty members of the Senate. BUSINESS PENDING House File 2140 The Senate resumed consideration of House File 2140, and amendment S-5346 by Senator Bartz to page 3 of the bill, previously deferred. Senator Bartz moved the adoption of amendment S-5346. A non record roll call was requested. The ayes were 18, nays 27. Amendment S-5346 lost. Senator Bartz withdrew amendment S-5389 by him to page 3 of the bill, previously deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer until she returns on request of Senator Bartz. BUSINESS PENDING House File 2140 The Senate resumed consideration of House File 2140. Senator Neuhauser 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. 2140) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 April 1, 1996, passed the following bills in which the concurrence of the House was asked: Senate File 2110, a bill for an act relating to the establishment of an anatomical gift public awareness and transplantation fund to be administered by and an anatomical gift public awareness advisory committee to be established within the Iowa department of public health. Senate File 2155, a bill for an act to adjust the jurisdictional amount for municipal infractions tried before a judge in district court. Senate File 2165, a bill for an act relating to the hunting season for ungulates on a hunting preserve and providing an effective date. Senate File 2167, a bill for an act relating to prohibiting the assault of a health care provider and providing penalties. Senate File 2212, a bill for an act relating to the regulation of timber sales and surety bonds paid by timber buyers and providing an effective date. Senate File 2252, a bill for an act relating to the number and apportionment of district associate judges, and providing an effective date. Senate File 2299, a bill for an act relating to reserve peace officers obtaining or renewing professional permits to carry weapons. Senate File 2323, a bill for an act relating to pharmacy technician designation, registration and fees, delegation of duties, and disciplinary action. Senate File 2352, a bill for an act providing that the sheriff may charge for room and board provided to county prisoners and providing for the creation and filing of a room and board reimbursement lien. ALSO: That the House has on April 1, 1996, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2154, a bill for an act increasing the penalties for certain offenses involving methamphetamine (S-5614). IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that House Files 2419, 2306, 2308, 2350 and 2140 be immediately messaged to the House. CONFIRMATION OF GOVERNORS APPOINTMENTS (En Bloc Confirmation Calendar) In accordance with Senate Rule 59, Senator Horn called up the following eligible appointees on the En Bloc Confirmation Calendar: Ruth A. Daggett and Dr. Laine D. Dvorak as members of the Board of Physician Assistant Examiners. Dennis A. Plautz as a member of the City Development Board. Cynthia P. Snell as a member of the Commission on Judicial Qualifications. Lumir E. Dostal, Jr. as a member of the County Finance Committee. Ernest W. Gilson as a member of the Credit Union Review Board. Harrison Weber as a member of the Employment Appeal Board. Charese E. Yanney as a member of the Iowa Economic Development Board. Carolyn A. Roberts as a member of the Iowa Grain Indemnity Fund Board. Dana R. Peterson as a member of the Iowa Law Enforcement Academy Council. Richard H. Opie as a member of the Iowa Telecommunications and Technology Commission. Senator Horn moved that the foregoing appointments be confirmed by the Senate. On the question Shall the appointees be confirmed? the votes were: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. UNFINISHED BUSINESS CALENDAR Senate File 2422 On motion of Senator Hansen, Senate File 2422, a bill for an act removing the requirement that a corporation which has adopted a corporate seal affix the seal to all documents affecting real estate executed by the corporation, and placed on the Unfinished Business Calendar on March 20, 1996, was taken up for consideration. Senator Hansen offered amendment S-5233 filed by him on March 6, 1996, to page 1 of the bill and moved its adoption. Amendment S-5233 was adopted by a voice vote. 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? (S.F. 2422) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 2062 Senator Bartz called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5566 filed March 27, 1996. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Bartz moved that the bill as amended by the House 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. 2062) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR House File 2113 On motion of Senator Black, House File 2113, a bill for an act providing for a permanent registration plate for motor trucks and truck tractors licensed pursuant to multistate registration, with report of committee recommending passage, and placed on the Unfinished Business Calendar on March 28, 1996, was taken up for consideration. Senator Black moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question Shall the bill pass? (H.F. 2113) the vote was: Ayes, 47: 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 Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Kramer Rife Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 April 1, 1996, passed the following bill in which the concurrence of the House was asked: Senate File 2367, a bill for an act providing for the payment of outdated invoices by the agency to which the goods or services were provided, and by the department of revenue and finance, and providing an effective date. ALSO: That the House has on April 1, 1996, refused to concur in the Senate amendment to the House amendment to the following bill in which the concurrence of the House was 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. ALSO: That the House has on April 1, 1996, refused to concur in the Senate amendment as amended to the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 1, 1996, refused to concur in the Senate amendment to the House amendment to the following bill in which the concurrence of the House was asked: House File 2472, a bill for an act relating to and making appropriations to the justice system and providing effective dates. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate File 2422 and House File 2113 be immediately messaged to the House and to send an immediate message to the House on Senate File 2062. CONFIRMATION OF GOVERNORS APPOINTMENTS (Individual Confirmation Calendar) Senator Giannetto called up the appointment of Muriel E. Allan as a member of the Commission of Veterans Affairs, placed on the Individual Confirmation Calendar on February 21, 1995, found on page 407 of the Senate Journal and deferred by Senate Resolution 13 on April 12, 1995. Senator Giannetto moved that the foregoing appointment be confirmed by the Senate. On the question Shall the appointee be confirmed? the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The appointee having received a two-thirds was declared to have been confirmed by the Senate. Senator Giannetto called up the appointment of Gail K. Danilson as a member of the Commission of Veterans Affairs, placed on the Individual Confirmation Calendar on February 21, 1995, found on page 407 of the Senate Journal and deferred by Senate Resolution 13 on April 12, 1995. Senator Giannetto moved that the foregoing appointment be confirmed by the Senate. On the question Shall the appointee be confirmed? the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The appointee having received a two-thirds was declared to have been confirmed by the Senate. Senator Giannetto called up the appointment of Mildred R. Dawson as a member of the Commission of Veterans Affairs, placed on the Individual Confirmation Calendar on February 21, 1995, found on page 407 of the Senate Journal and deferred by Senate Resolution 13 on April 12, 1995. Senator Giannetto moved that the foregoing appointment be confirmed by the Senate. On the question Shall the appointee be confirmed? the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The appointee having received a two-thirds was declared to have been confirmed by the Senate. HOUSE AMENDMENT CONSIDERED Senate File 2375 Senator Bisignano called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5600 filed March 28, 1996. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Bisignano moved that the bill as amended by the House 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. 2375) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means) Senator Horn asked and received unanimous consent to take up for consideration Senate File 2455. Senate File 2455 On motion of Senator Neuhauser, Senate File 2455, 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, was taken up for consideration. Senator Bartz asked and received unanimous consent that action on Senate File 2455 be deferred. UNFINISHED BUSINESS CALENDAR House File 2144 On motion of Senator Vilsack, House File 2144, a bill for an act relating to the payment by third parties of physician assistants and advanced registered nurse practitioners, with report of committee recommending passage, and placed on the Unfinished Business Calendar on March 28, 1996, was taken up for consideration. Senator Vilsack offered amendment S-5342 filed by Senators Vilsack and Boettger on March 13, 1996, to page 2 of the bill. Senator Vilsack asked and receive unanimous consent to withdraw amendment S-5544 filed by Senators Vilsack and Boettger on March 26, 1996, to amendment S-5342. Senator Vilsack offered amendment S-5578 filed by him on March 27, 1996, to amendment S-5342 and moved its adoption. Amendment S-5578 was adopted by a voice vote. Senator Vilsack moved the adoption of amendment S-5342 as amended, which motion prevailed by a voice vote. (Action on House File 2144 was deferred for preparation of an amendment). CONSIDERATION OF BILL (Ways and Means Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 2456. Senate File 2456 On motion of Senator Neuhauser, Senate File 2456, 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, was taken up for consideration. Senator Neuhauser 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. 2456) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING House File 2144 The Senate resumed consideration of House File 2144, previously deferred. Senator Lind offered amendment S-5616 filed by him from the floor to pages 1 and 2 of the bill. Senator Vilsack raised the point of order that amendment S-5616 was not germane to the bill. The Chair ruled the point well taken and amendment S-5616 out of order. President pro tempore Bisignano took the chair at 4:53 p.m. 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. 2144) the vote was: Ayes, 47: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas 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 Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 1: Drake Voting present, 1: Kramer Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 2260 Senator Fraise called up for consideration Senate File 2260, a bill for an act relating to soil and water conservation, by providing for the powers and duties of commissioners of soil and water conservation districts, and soil and water conservation practices, amended by the House in House amendment S-5479 filed March 21, 1996. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Borlaug for the remainder of the day on request of Senator Jensen. BUSINESS PENDING Senate File 2260 The Senate resumed consideration of Senate File 2260. Senator Fraise moved that the Senate concur in House amendment S-5479. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Fraise moved that the bill as amended by the House 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. 2260) the vote was: Ayes, 48: Banks Bartz Bennett Bisignano Black Boettger Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Borlaug Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 2213 Senator Szymoniak called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5592 filed March 2, 1996. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Szymoniak moved that the bill as amended by the House 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. 2213) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Iverson Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Borlaug The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. SENATE INSISTS House File 2472 Senator Fraise called up for consideration House File 2472, a bill for an act relating to and making appropriations to the justice system and providing effective dates, and moved that the Senate insist on its amendment. A record roll call was requested. On the question Shall the motion to insist be adopted? (H.F. 2472) the vote was: Ayes, 28: Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Judge Kibbie Lundby Murphy Neuhauser Palmer Priebe Sorensen Szymoniak Vilsack Nays, 21: Banks Bartz Bennett Boettger Douglas Drake Freeman Hedge Iverson Jensen Kramer Lind Maddox McKean McLaren Redfern Rensink Rife Rittmer Tinsman Zieman Absent or not voting, 1: Borlaug The motion prevailed and the Senate insisted on its amendment. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on House File 2472 on the part of the Senate: Senators Fraise, Chair; Dvorsky, Husak, Redfern and Iverson. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that House File 2472 be immediately messaged to the House and to send an immediate message to the House on Senate Files 2375, 2260 and 2213. 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 April 1, 1996, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2147, a bill for an act increasing the membership of the Iowa telecommunications and technology commission (S-5615). INTRODUCTION OF RESOLUTIONS Senate Resolution 108, by committee on Rules and Administration, a resolution commemorating the visit of the delegation of parliamentarians from the Stavropol Krai and recognizing the contributions of the parliamentarians to strengthen relations between the Iowa State Senate and the Stavropol Regional State Duma. Read first time and placed on calendar. Senate Concurrent Resolution 117, by Kramer, a concurrent resolution designating the week of April 14 through April 21, 1996, as Days of Remembrance of the Victims of the Holocaust. Read first time and passed on file. SENATE INSISTS House File 2416 Senator Judge called up for consideration 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, amended by the Senate, and moved that the Senate insist on its amendment. The motion prevailed by a voice vote and the Senate insisted on its amendment. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on House File 2416 on the part of the Senate: Senators Judge, Chair; Sorensen, Halvorson, Bartz and Lundby. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that House File 2416 be immediately messaged to the House. APPENDIX REPORTS OF STANDING COMMITTEES (Place nominees on En Bloc Confirmation Calendar) STATE GOVERNMENT Pursuant to Senate Rule 59, the committee on State Government assigned to investigate the following governors appointments, completed its investigations on March 27 and 28, 1996, and recommended the appointees be confirmed: Dorothy R. Dunphy and Paul S. Stave as members of the Accoutancy Examining Board. Robert L. Cramer and Dick C. Stoffer as members of the Alcoholic Beverages Commission. Gwendolyn L. Ecklund, Gordon E. Mills and Katherine L. Schwennsen as members of the Architectural Examining Board. Patricia K. Stark as a member of the Board for the Licensing and Regulation of Hearing Aid Dealers. Raymond D. Barker and Suzanne J. Palmer as members of the Board of Barber Examiners. Dr. Mark A. Kruse, Haleen E. Pellett and Dr. John W. Quinlan as members of the Board of Chiropractic Examiners. David O. Creighton, Kenneth M. Lang, Mary Beth Myers and Catherine I. Ward as members of the Board of Cosmetology Arts and Sciences Examiners. Marilyn K. Corwin, Dr. Bruce C. Heilman and Anne E. Zimmerman as members of the Board of Dental Examiners. Kathy E. Buffington as a member of the Board of Dietetic Examiners. Dr. Eddie D. DeHaan and Dr. Allen J. Zagoren as members of the Board of Medical Examiners. Shirley A. Pennington as a member of the Board of Mortuary Science Examiners. Sandra Bane, Rodmon C. Bell and Anna C. Fallon as members of the Board of Nursing Examiners. Dr. Donovan L. Crouch and Dr. Larry W. Hicks as members of the Board of Optometry Examiners. Dr. Melvin L. Grundleger, Mary P. Mitchell, Phyllis A. Olson and Matthew Osterhaus as members of the Board of Pharmacy Examiners. Kathryn D. Eilers, Daniel L. Mack and Deborah J. Mehlop as members of the Board of Physical and Occupational Therapy Examiners. Dr. Ronald D. Lee and Cheryl A. Semerad as members of the Board of Podiatry Examiners. Dr. Robert D. Jones, Madonna J. McGuire and Dr. Kurosh R. Shahriari as members of the Board of Psychology Examiners. Bruce D. Buchanan and Linda L. Sickels as members of the Board of Social Work Examiners. Patsy A. Hastings and Jill M. Miller as members of the Board of Speech Pathology and Audiology Examiners. Michael A. Scheibeler, Robert O. Steben and Mary Ellen White as members of the Commission of Veterans Affairs. Theresa E. Clark, Tamera L. Diggs-Tate, Wilfred M. Johnson, Darryl L. Lipscomb, Gwenda L. Naylor and Jerome Thomas as members of the Commission on the Status of African-Americans. Gretchen H. Tegeler as Director of the Department of Management. Linda Hanson as Director of the Department of Personnel. Gwendolyn M. Boeke, Dr. Kenneth A. Brewer and Nicholas R. Konrady as members of the Engineering and Land Surveying Examining Board. Dr. Leroy A. Holmes and Norma D. Lyon as members of the Iowa Board of Veterinary Medicine. Dennis A. Ausenhus, Gregory C. Jones and Joan F. Vitale as members of the Landscape Architectural Examining Board. James B. Kersten as a member of the Lottery Board. L. Craig Harris, Thomas J. Kregel and Lillie M. Perry as members of the Real Estate Appraiser Examining Board. Theresa A. Loffredo and Mark G. Odden as members of the Real Estate Commission. Karen L. Bossard and Rosemary Schrack as members of the State Board of Examiners for Nursing Home Administrators. Jacquelyne I. Allen, Willard Bill R. Hansen and Rita D. Sealock as members of the State Racing and Gaming Commission. REPORTS OF STANDING COMMITTEE (Place nominees on Individual Confirmation Calendar) STATE GOVERNMENT Pursuant to Senate Rule 59, the committee on State Government assigned to investigate the following governors appointments, completed its investigations on March 27 and 28, 1996, and made no recommendation: Jill M. Robinson as a member of the Board for the Licensing and Regulation of Hearing Aid Dealers. Ruth A. Ohde as a member of the Board of Mortuary Science Examiners. REPORTS OF COMMITTEE MEETINGS STATE GOVERNMENT Convened: March 28, 1996, 1:26 p.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Bennett, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: Rittmer, Ranking Member, Bisignano and Sorensen (all excused). Committee Business: Recommended passage of House Concurrent Resolution 122; recommended confirmation of governors appointees. Adjourned: 1:32 p.m. WAYS AND MEANS Convened: March 28, 1996, 1:37 p.m. Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak and Vilsack. Members Absent: none. Committee Business: Approved SSBs 2348 and 2189 as committee bills; amended and approved SSBs 2237 and 2313 as committee bills; recommended passage of House File 2366; recommended confirmation of governors appointees. Adjourned: 2:19 p.m. REPORTS OF THE SECRETARY OF THE SENATE MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2013, the following correction was made: 1. Page 11, line 3. the word board. was changed to the word board.. ALSO: That in enrolling Senate File 2395, the following corrections were made: 1. Page 24, lines 30 and 31, the words regulatory action level event were changed to the words regulatory-action-level event. 2. Page 25, lines 5 and 6, the words mandatory control level event were changed to the words mandatory-control-level event. Sincerely, TERRY E. BRANSTAD Governor BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on March 29, 1996, the Governor approved and transmitted to the Secretary of State the following bills: SENATE FILE 2087 - Providing that appeal of certain sentences be by writ of certiorari. SENATE FILE 2259 - Relating to issuance of a certificate of title for a documented vessel. SENATE FILE 2278 - Repealing the prohibition on political activity by a member, officer, or employee of the Natural Resource Commission. SENATE FILE 2405 - Relating to the duties of the clerk of court concerning court records. SENATE FILE 2408 - Relating to disclosure requirements under the federal community reinvestment act with respect to the eligibility of a financial institution to received state public funds. ALSO: That on April 1, 1996, a communication was received announcing that on March 29, 1966, the Governor approved and transmitted to the Secretary of State the following bills: SENATE FILE 2121 - Providing for auditing practices by the Iowa state fair board. SENATE FILE 2270 - Amending the uniform commercial code relating to letters of credit and providing an effective date. SENATE FILE 2336 - Providing for the selection and tenure of the executive director of the agricultural development authority. SENATE FILE 2337 - Realting to receiverships regarding the administration of the assets of grain dealers. SENATE FILE 2363 - Relating to entities and subject matter under the regulatory authority of the securities bureau of the division of insurance. 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 29th day of March, 1996: Senate Files 2331, 2080, 2395, 73, 2035, 2013, 2122 and 2127. JOHN F. DWYER Secretary of the Senate PRESENTATION OF VISITORS The following visitors were present in the Senate gallery: Thirty students from Tri-County High School, Thornburg, accompanied by James Freeze. Senator Hedge. PETITIONS The following petitions opposing legislation which would restrict Iowa utilities from offering nonutility services were presented and placed on file by: Senator Douglas from 29 residents of Adair County. Senator McLaren from 56 residents of Cass County. PLACEMENT ON INDIVIDUAL CONFIRMATION CALENDAR Pursuant to Senate Rule 59, I hereby request that the name of Jacquelyne I. Allen to the State Racing and Gaming Commission be removed from the En Bloc Confirmation Calendar and placed on the Individual Confirmation Calendar. JIM LIND MOTIONS TO RECONSIDER MR. PRESIDENT: I move to reconsider the vote by which Senate File 2456 passed the Senate on April 1, 1996. JACK RIFE MR. PRESIDENT: I move to reconsider the vote by which House File 2144 passed the Senate on April 1, 1996. JACK RIFE RESOLUTION ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following resolution to committee: S.C.R. 117 Human Resources COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 2458 (SSB 2350), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 21: Murphy, Boswell, Lind, Banks, Bartz, Black, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Absent or not voting, 4: Bisignano, Borlaug, Kramer and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2459 (SSB 2353), a bill for an act relating to risk-based inspections of health care facilities. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 21: Murphy, Boswell, Lind, Banks, Bartz, Black, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Absent or not voting, 4: Bisignano, Borlaug, Kramer and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2460 (SSB 2352), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 17: Murphy, Boswell, Lind, Bartz, Black, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Judge, Kibbie, Neuhauser, Rensink, Tinsman and Vilsack. Nays, 2: Banks and Douglas. Absent or not voting, 6: Bisignano, Borlaug, Husak, Iverson, Kramer and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2461 (SSB 2351), a bill for an act relating to the establishment of family opportunity district to provide services to children and their families at the local level and making an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 18: Murphy, Boswell, Lind, Bartz, Black, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Judge, Kibbie, Neuhauser, Rensink, Tinsman and Vilsack. Nays, 3: Banks, Douglas and Iverson. Absent or not voting, 4: Bisignano, Borlaug, Kramer and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 108, a resolution commemorating the visit of the delegation of parliamentarians from the Stavropol Krai and recognizing the contributions of the parliamentarians to strengthen relations between the Iowa State Senate and the Stavropol Regional State Duma. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 9: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal, Husak, Kramer and Lind. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. INTRODUCTION OF BILLS Senate File 2458, by committee on Appropriations, a bill for an act 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. Read first time under Rule 28 and placed on Appropriations Calendar. Senate File 2459, by committee on Appropriations, a bill for an act relating to risk-based inspections of health care facilities. Read first time under Rule 28 and placed on Appropriations Calendar. Senate File 2460, by committee on Appropriations, a bill for an act 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. Read first time under Rule 28 and placed on Appropriations Calendar. Senate File 2461, by committee on Appropriations, a bill for an act relating to the establishment of family opportunity district to provide services to children and their families at the local level and making an appropriation. Read first time under Rule 28 and placed on Appropriations Calendar. AMENDMENTS FILED S-5613 S.F. 2446 House amendment S-5614 S.F. 2154 House amendment S-5615 S.F. 2147 House amendment S-5616 H.F. 2144 Jim Lind S-5617 S.F. 2370 Michael E. Gronstal S-5618 S.F. 2455 Merlin E. Bartz ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 5:25 p.m., until 9:00 a.m., Tuesday, April 2, 1996.
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