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EIGHTY-SIXTH CALENDAR DAY
FIFTIETH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 2, 1996
The Senate met in regular session at 9:14 a.m., President Boswell
presiding.
Prayer was offered by Sister Mary Louise Sczienski, Principal of
St. Patrick School, Cedar Falls, Iowa.
The Journal of Monday, April 1, 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
members of the Conference Committee appointed April 1, 1996, on 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,
on the part of the House are: The Representative from Black Hawk, Mr.
Hanson, Chair; the Representative from Polk, Mr. Cataldo; the
Representative from Winneshiek, Mr. Gipp; the Representative from
Jefferson, Mr. Main; the Representative from Polk, Mr. McCoy.
ALSO: That the members of the Conference Committee appointed April
1, 1996, on House File 2472, a bill for an act relating to and making
appropriations to the justice system and providing effective dates, on
the part of the House are: The Representative from Story, Mrs. Garman,
Chair; the Representative from Jasper, Mr. Bell; the Representative from
Henry, Mr. Heaton; the Representative from Lee, Mr. Larkin; the
Representative from Linn, Mr. Schulte.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McLaren until he arrives on request of Senator Rife.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 48 present, 2 absent and a quorum present.
UNFINISHED BUSINESS CALENDAR
House File 2109
On motion of Senator Neuhauser, House File 2109, a bill for an act
relating to nonconsensual termination of or serious injury to a
pregnancy and providing penalties, with report of committee recommending
passage, and placed on the Unfinished Business Calendar on March 28,
1996, 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? (H.F. 2109) the vote was:
Ayes, 48:
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 Kramer Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Drake McLaren
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred March 27, 1996)
House File 2256
The Senate resumed consideration of 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, and amendment S-5553 by
Senator Judge to strike everything after the enacting clause of the
bill, deferred March 27, 1996.
Senator Judge withdrew amendment S-5581 filed by her on March 27,
1996, to amendment S-5553.
Senator Judge moved the adoption of amendment S-5553, which motion
prevailed by a voice vote.
Senator Judge moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2256) the vote was:
Ayes, 48:
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 Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Banks
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.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 2461.
Senate File 2461
On motion of Senator Neuhauser, Senate File 2461, a bill for an act
relating to the establishment of family opportunity districts to provide
services to children and their families at the local level and making an
appropriation, was taken up for consideration.
Senator Neuhauser asked and received unanimous consent that action
on Senate File 2461 be deferred.
UNFINISHED BUSINESS CALENDAR
Senate File 2451
On motion of Senator Palmer, Senate File 2451, a bill for an act
providing that member contributions under certain public retirement
systems are considered employer contributions for state income tax
purposes, and providing applicability and effective date provisions, and
placed on the Unfinished Business Calendar on March 21, 1996, was taken
up for consideration.
Senator Palmer moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2451) the vote was:
Ayes, 44:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Horn Husak Iverson
Jensen Judge Kibbie Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 4:
Banks Douglas Hedge Kramer
Absent or not voting, 2:
Freeman McLaren
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred April 1, 1996)
Senate File 2455
The Senate resumed consideration of 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, deferred April 1, 1996.
Senator Bartz offered amendment S-5618 filed by him on April 1,
1996, to page 1 of the bill and called for a division: lines 2-6 as
division S-5618A and lines 7-10 as division S-5618B.
Senator Bartz moved the adoption of division S-5618A, which motion
prevailed by a voice vote.
Senator Bartz withdrew division S-5618B.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Freeman until she returns on request of Senator Lundby.
BUSINESS PENDING
Senate File 2455
The Senate resumed consideration of Senate File 2455.
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. 2455) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Freeman McLaren
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 2383
On motion of Senator Black, House File 2383, a bill for an act
relating to issuance of free deer and wild turkey hunting licenses to
certain landowners and tenants, with report of committee recommending
passage, and placed on the Unfinished Business Calendar on March 28,
1996, was taken up for consideration.
Senator Priebe withdrew the following amendments filed by him to
page 1 of the bill:
S-5321, filed on March 12, 1996.
S-5358, filed on March 14, 1996.
S-5387, filed on March 18, 1996.
Senator Judge offered amendment S-5554 filed by her on March 27,
1996, to page 2 of the bill.
Senator Fink offered amendment S-5621 filed by him from the floor
to amendment S-5554 and moved its adoption.
Amendment S-5621 was adopted by a voice vote.
Senator Bartz raised the point of order that amendment S-5554 as
amended was not germane to the bill.
The Chair ruled the point not well taken and amendment S-5554 as
amended in order.
Senator Bisignano asked and received unanimous consent that action
on amendment S-5554 as amended and House File 2383 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
2109 and 2256 and Senate Files 2451 and 2455 be immediately messaged to
the House.
HOUSE AMENDMENT CONSIDERED
Senate File 2063
Senator Kibbie called up for consideration Senate File 2063, a bill
for an act establishing a school improvement technology program to fund
instructional technology for school districts, the Iowa braille and
sight saving school, the state school for the deaf and the Price
laboratory school, providing for properly related matters, and making
appropriations, and providing an effective date, amended by the House in
House amendment S-5109 filed February 22, 1996.
Senator Connolly asked and received unanimous consent to withdraw
amendment S-5381 filed by Senators Connolly, Kibbie and Murphy on March
18, 1996, to House amendment S-5109.
Senator Kibbie moved that the Senate concur in the House amendment.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Kibbie 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. 2063) the vote was:
Ayes, 49:
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, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2063 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 April 1, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2448, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state civil
rights commission, the department of elder affairs, the governors
alliance on substance abuse, the Iowa department of public health, the
department of human rights, and the commission of veterans affairs, and
providing an immediate effective date (S-5622).
ALSO: That the House has on April 2, 1996, passed the following
bills in which the concurrence of the House was asked:
Senate File 2307, a bill for an act relating to programs available
to persons with disabilities which are administered by the department of
human services.
Senate File 2387, a bill for an act relating to the department of
general services, by providing for the sale or disposal of unwanted
state personal property and by establishing a monument maintenance
account.
ALSO: That the House has on April 2, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 2324, a bill for an act relating to state employee
disclosures of information and making penalties applicable and providing
an effective date.
INTRODUCTION OF RESOLUTION
Senate Resolution 109, by Halvorson, Judge, Kibbie, Vilsack,
Gettings, Boswell, and Fraise, a senate resolution requesting the
Legislative Council to establish an interim study committee to study the
issue of sharing and leasing government equipment.
Read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 11:15 a.m., until
1:45 p.m.
RECESS
On motion of Senator Horn, the Senate recessed at 11:15 a.m., until
1:45 p.m.
APPENDIX
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
2144 passed the Senate on April 1, 1996.
TOM VILSACKM
MR. PRESIDENT: I move to reconsider the vote by which Senate File
2456 passed the Senate on April 1, 1996.
MARY NEUHAUSERM
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: April 1, 1996, 5:30 p.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Black, Douglas, Dvorsky, Flynn, Fraise, Gronstal,
Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Neuhauser, Rensink,
Tinsman and Vilsack.
Members Absent: Bisignano, Borlaug, Kramer and McLaren (all excused).
Committee Business: Approved SSBs 2350, 2352 and 2353 as committee
bills; amended and approved SSB 2351 as a committee bill.
Adjourned: 6:15 p.m.
RULES AND ADMINISTRATION
Convened: April 1, 1996, 2:08 p.m.
Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
Bisignano, Gettings, Gronstal, Husak, Kramer and Lind.
Members Absent: none.
Committee Business: Approved resolution relating to Stavropol
delegation.
Adjourned: 2:09 p.m.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-six fifth grade students from Palmer School, Palmer, Iowa,
accompanied by Linda Christopher, Linda T Jaden and Sherry Williams.
Senator Freeman.
Fifth grade students from Western Hills School, West Des Moines,
accompanied by Mrs. Strentz and Mrs. Hrdlicka. Senator Kramer.
Thirty-nine eleventh grade students from Clarksville Community
School, Clarksville, accompanied by Dave Waskow, Larry Backer and Chris
Backer. Senator Jensen.
Senator Priebe welcomed several members of the German Congress on
Agriculture, who were present in the Senate chamber.
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 2219, the following correction was made:
1. Page 14, line 10, the words liabilities of the party states.
were changed to the words liabilities of the party states..
JOHN F. DWYER Secretary of the Senate
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 2nd day of April, 1996:
Senate Files 2219, 2235, 2282 and 2423.
JOHN F. DWYER Secretary of the Senate
SUBCOMMITTEE ASSIGNMENT
Senate File 2453
STATE GOVERNMENT: Dearden, Chair; Fink and Lundby.
AMENDMENTS FILED
S-5619 H.F. 2369 Michael E. Gronstal
S-5620 H.F. 2387 Don E. Gettings
S-5621 H.F. 2383 Bill Fink
S-5622 S.F. 2448 House amendment
S-5623 S.F. 2461 Berl E. Priebe
Mary Neuhauser
S-5624 S.F. 2446 Dennis H. Black
Brad Banks
Wayne D. Bennett
Don Gettings
Berl E. Priebe
S-5625 S.F. 2410 House amendment
S-5626 S.F. 2186 House amendment
AFTERNOON SESSION
The Senate reconvened at 2:10 p.m., President pro tempore Bisignano
presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 2, 1996, amended and passed the following bills in
which the concurrence of the Senate is asked:
Senate File 2012, a bill for an act relating to the conduct of
raffles (S-5631).
Senate File 2074, a bill for an act relating to the dates on which
city hospital or health care facility trustees take and depart from
office (S-5632).
Senate File 2085, a bill for an act relating to handicapped
parking and providing a penalty (S-5630).
Senate File 2186, a bill for an act relating to
transportation-related sanctions by increasing penalties for certain
offenses, providing for the issuance of temporary restricted licenses
for certain offenses, providing scheduled fines for various violations,
prohibiting certain activities of motor vehicle dealers, and allowing
the issuance of a uniform citation and complaint to a corporation for
certain violations (S-5626).
Senate File 2410, a bill for an act relating to juvenile justice
chapter provisions involving medically relevant tests for the presence
of illegal drugs in a child or parent, parent visitations with a child
who has been removed from the childs home, voiding related
administrative rules, and providing an effective date (S-5625).
ALSO: That the House has on April 2, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 2316, a bill for an act relating to sex offenses,
including enticing away a child and sentences for persons convicted of
sexually predatory offenses.
ALSO: That the House has on April 2, 1996, amended the Senate
amendment, concurred in the Senate amendment as amended, and passed the
following bill in which the concurrence of the Senate is asked:
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 (S-5627 to H-5735).
ALSO: That the House has on April 2, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2444, a bill for an act relating to energy conservation
including making appropriations of petroleum overcharge funds.
This bill was read first time and passed on file.
HOUSE AMENDMENT CONSIDERED
Senate File 2446
Senator Black called up for consideration 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, amended by the House in House amendment S-5613 filed
April 1, 1996.
Senator Black offered amendment S-5624 filed by Senators Black, et
al., from the floor to House amendment S-5613 and moved its adoption.
Amendment S-5624 was adopted by a voice vote.
Senator Black 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 Black 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. 2446) 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 as amended was agreed to.
BUSINESS PENDING
Senate File 2461
The Senate resumed consideration of Senate File 2461, a bill for an
act relating to the establishment of family opportunity districts to
provide services to children and their families at the local level and
making an appropriation, previously deferred.
Senator Priebe offered amendment S-5623 filed by Senators Priebe
and Neuhauser from the floor to page 4 and the title page of the bill
and moved its adoption.
Amendment S-5623 was adopted by a voice vote.
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. 2461) the vote was:
Ayes, 47:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Banks Douglas Iverson
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 2459.
Senate File 2459
On motion of Senator Neuhauser, Senate File 2459, a bill for an act
relating to risk-based inspections of health care facilities, was taken
up for consideration.
Senator Hammond offered amendment S-5628 filed by Senators Hammond
and Iverson from the floor to page 1 and the title page of the bill and
moved its adoption.
Amendment S-5628 was adopted by a voice vote.
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. 2459) 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 as amended was agreed to.
UNFINISHED BUSINESS CALENDAR
House File 2369
On motion of Senator Gronstal, House File 2369, a bill for an act
relating to the postdelivery care requirements for mothers and newborns
and providing for an exception of follow-up care outside of the hospital
setting, 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 Gronstal offered amendment S-5496 filed by the committee on
Commerce on March 21, 1996, to strike everything after the enacting
clause and to the title page of the bill.
Senator Gronstal offered amendment S-5591 filed by him on March 28,
1996, to amendment S-5496 and moved its adoption.
Amendment S-5591 was adopted by a voice vote.
Senator Gronstal offered amendment S-5619 filed by him from the
floor to amendment S-5496 and moved its adoption.
Amendment S-5619 was adopted by a voice vote.
Senator Gronstal moved the adoption of amendment S-5496 as amended,
which motion prevailed by a voice vote.
Senator Gronstal moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2369) 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 as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2446, 2461, 2459 and House File 2369 be immediately messaged to the
House.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 108.
Senate Resolution 108
On motion of Senator Horn, 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, was taken up for consideration.
Senator Horn moved the adoption of Senate Resolution 108.
On the question Shall the resolution be adopted? (S.R. 108) the
vote was:
Yeas, 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 motion prevailed and the resolution was adopted.
HOUSE AMENDMENT CONSIDERED
Senate File 2186
Senator Drake called up for consideration Senate File 2186, a bill
for an act relating to transportation-related sanctions by increasing
penalties for certain offenses, providing for the issuance of temporary
restricted licenses for certain offenses, providing scheduled fines for
various violations, prohibiting certain activities of motor vehicle
dealers, and allowing the issuance of a uniform citation and complaint
to a corporation for certain violations, amended by the House, and moved
that the Senate concur in House amendment S-5626 filed April 2, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Drake 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. 2186) 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 as amended was agreed to.
Senator Horn asked and received unanimous consent to send and
immediate message to the House on Senate File 2186.
The Senate stood at ease at 3:27 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 4:33 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 38 present, 12 absent and a quorum present.
HOUSE AMENDMENT CONSIDERED
Senate File 2074
Senator Sorensen called up for consideration Senate File 2074, a
bill for an act relating to the dates on which city hospital or health
care facility trustees take and depart from office, amended by the
House, and moved that the Senate concur in House amendment S-5632 filed
April 2, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Sorensen 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. 2074) 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
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Priebe
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
COMMITTEE REPORT
STATE GOVERNMENT
Final Bill Action: SENATE FILE 2453, 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.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Connolly,
Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby and Sorensen.
Nays, none. Absent or not voting, 2: Bisignano and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 2453.
Senate File 2453
On motion of Senator Dearden, Senate File 2453, 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, with report of
committee recommending passage, was taken up for consideration.
Senator Dearden moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2453) 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.
UNFINISHED BUSINESS CALENDAR
Senate File 2131
On motion of Senator Fraise, Senate File 2131, a bill for an act
relating to a continuing appropriation for city capital projects and
major equipment, with report of committee recommending passage, and
placed on the Unfinished Business Calendar on March 20, 1996, was taken
up for consideration.
Senator Fraise offered amendment S-5227 filed by him on March 6,
1996, to strike everything after the enacting clause and to the title
page of the bill and moved its adoption.
Amendment S-5227 was adopted by a voice vote.
With the adoption of amendment S-5227, the Chair ruled amendment
S-5101, filed by Senator Fraise on February 22, 1996, to page 1 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? (S.F. 2131) the vote was:
Ayes, 38:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Jensen Judge
Kibbie Kramer Lundby McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Sorensen Szymoniak
Tinsman Vilsack
Nays, 12:
Banks Borlaug Douglas Drake
Hedge Iverson Lind Maddox
McKean Rife Rittmer Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate Files
2131 and 2453 be immediately messaged to the House, and to send an
immediate messge to the House on Senate File 2074.
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 2, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2101, a bill for an act relating to the disbursement
of the remaining funds in a nonguaranteed irrevocable burial trust fund
following satisfaction of payment in accordance with an agreement for
funeral merchandise and funeral services.
ALSO: That the House has on April 2, 1996, amended and passed the
following bill in which the concurrence of the Senate is asked:
Senate File 259, a bill for an act relating to the practice of
mortuary science, cremation, and licensing of funeral establishments and
providing penalties (S-5636).
INTRODUCTION OF RESOLUTIONS
Senate Resolution 110, by Black and Boswell, a resolution
recognizing June 22, 1996, as Morman Trail Day, in celebration of the
sesquicentennial anniversary of the Mormon pioneer exodus of 1846.
Read first time and passed on file.
Senate Resolution 111, by Black and Boswell, a senate resolution
honoring the Honorable Teng-Hui Lee, President of the Republic of China.
Read first time and passed on file.
APPENDIX
SUBCOMMITTEE ASSIGNMENT
Senate Concurrent Resolution 117
HUMAN RESOURCES: Szymoniak, Chair; Bartz and Dvorsky
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.R. 109 Rules and Administration
S.R. 110 Nat. Resources, Environ. & Energy
S.R. 111 Rules and Administration
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery;
Ten eighth grade students from Washington Junior High, Dubuque,
accompanied by Mr. Jeff Johll. Senator Connolly.
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE FILE 2462 (SSB 2256), a bill for an act
relating to energy conservation including making appropriations of
petroleum overcharge funds.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 23: Murphy, Boswell, Lind, Banks, Bartz, Borlaug,
Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak,
Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and
Vilsack. Nays, none. Absent or not voting, 2: Bisignano and Black.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2464 (formerly Senate File 2096), a bill
for an act relating to housing development, including tax increment
financing, and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 22: Murphy, Boswell, Lind, Banks, Bartz, Borlaug,
Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak,
Iverson, Judge, Kibbie, Kramer, Neuhauser, Rensink, Tinsman and Vilsack.
Nays, none. Absent or not voting, 3: Bisignano, Black and McLaren.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: HOUSE FILE 2166, a bill for an act relating to the
taxation of foreign corporations and providing an effective and
retroactive applicabiity date provision.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Palmer, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser and Vilsack. Nays,
none. Absent or not voting, 3: Husak, Priebe and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2463 (SSB 2349), a bill for an act
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, claims against
estates for medical assistance payments, registration of securities in a
transfer-on-death form, and including an applicability provision.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, Neuhauser, Szymoniak and Vilsack. Nays, none.
Absent or not voting, 3: McLaren, Murphy and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF BILLS
Senate File 2462, by the committee on Appropriations, a bill for an
act relating to energy conservation including making appropriations of
petroleum overcharge funds.
Read first time under rule 28 and placed on Appropriations
Calendar.
Senate File 2463, by the committee on Ways and Means, a bill for an
act 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, claims
against estates for medical assistance payments, registration of
securities in a transfer-on-death form, and including an applicability
provision.
Read first time under rule 28 and placed on Ways and Means
Calendar.
Senate File 2464, by the committee on Appropriations, a bill for an
act relating to housing development, including tax increment financing,
and providing an effective date.
Read first time under rule 28 and placed on Appropriations
Calendar.
COMPANION BILL RECEIVED
On April 2, 1996, House File 2444 was received and attached to
companion Senate File 2462 on the Senate Calendar.
AMENDMENTS FILED
S-5627 H.F. 2433 House amendment
S-5628 S.F. 2459 Johnie Hammond
Stewart Iverson, Jr.
S-5629 H.F. 2383 Steven D. Hansen
Eugene S. Fraise
S-5630 S.F. 2085 House amendment
S-5631 S.F. 2012 House amendment
S-5632 S.F. 2074 House amendment
S-5633 H.F. 2234 Wayne Bennett
S-5634 S.F. 2389 Patty Judge
S-5635 S.F. 2458 Merlin E. Bartz
S-5636 S.F. 259 House amendment
S-5637 H.F. 111 Mary Neuhauser
John P. Kibbie
Nancy Boettger
Emil J. Husak
S-5638 S.F. 2442 Elaine Szymoniak
John P. Kibbie
Mary Neuhauser
Sheldon Rittmer
Maggie Tinsman
Merlin E. Bartz
S-5639 S.F. 2458 Merlin E. Bartz
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:00 p.m., until
9:00 a.m., Wednesday April 3, 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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Last update: Wed Apr 3 13:30:20 CST 1996
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