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Senate Journal: Monday, April 8, 1996

                           NINETY-SECOND CALENDAR DAY

                             FIFTY-THIRD SESSION DAY

                                 Senate Chamber

                     Des Moines, Iowa, Monday, April 8, 1996



         The Senate met in regular session at 1:56 p.m., President Boswell
    presiding.

         The prayer was offered by Father Robert McClintock, pastor of the
    St. Thomas Catholic Church, Manson, Iowa.

         The Journal of Thursday, April 4, 1996, was approved.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Connolly until he arrives on request of Senator Fink.



                           HOUSE AMENDMENTS CONSIDERED

    Senate File 2208

         Senator Bisignano called up for consideration Senate File 2208, a
    bill for an act relating to persons required to register with the sex
    offender registry and providing a penalty, amended by the House, and
    moved that the Senate concur in House amendment S-5671 filed April 3,
    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. 2208) the vote was:
    Ayes, 46:

    92nd Day MONDAY, APRIL 8, 1996 1249


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       Dearden
         Deluhery      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, 4:

         Banks         Connolly      Douglas       Fraise

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

    Senate File 2269

         Senator Szymoniak called up for consideration Senate File 2269, a
    bill for an act enhancing the penalties for a third or subsequent
    offense of domestic abuse assault, amended by the House, and moved that
    the Senate concur in House amendment S-5659 filed April 3, 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. 2269) the vote was:

    Ayes, 48:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       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, 2:

         Banks         Connolly

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

    Senate File 2420

         Senator Hammond called up for consideration Senate File 2420, a
    bill for an act relating to juvenile justice, including dispositional
    alternatives for juveniles adjudicated delinquent, registering with the
    sex offender registry, and associate juvenile judge jurisdiction,
    amended by the House in House amendment S-5649 filed April 3, 1996.

         Senator Hammond offered amendment S-5678 filed by her from the
    floor to House amendment S-5649 and moved its adoption.

         Amendment S-5678 was adopted by a voice vote.

         Senator Hammond 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 Hammond 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. 2420) the vote was:
    Ayes, 48:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       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, 2:

         Banks         Connolly

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.

    Senate File 2438

         Senator Szymoniak called up for consideration Senate File 2438, a
    bill for an act relating to the terminology used to describe persons
    with certain mental and physical conditions, amended by the House, and
    moved that the Senate concur in House amendment S-5645 filed April 3,
    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. 2438) the vote was:

    Ayes, 48:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       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, 2:

         Banks         Connolly

         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 File
    2420 be immediately messaged to the House and to send an immediate
    message to the House on Senate Files 2208, 2269 and 2438.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Banks until he arrives on request of Senator Rife.



                     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:

         Rebecca S. Beach and Dominick D. Pellegreno as members of the Board
    of Behavioral Science Examiners.

         Dr. Mark A. Kruse as a member of the Board of Chiropractic
    Examiners.
         Sandra Bane and Rodmon C. Bell as members of the Board of Nursing
    Examiners.

         Elizabeth R. Walker as a member of the Board of Parole.

         Mary P. Mitchell, Phyllis A. Olson and Matthew Osterhaus as members
    of the Board of Pharmacy Examiners.

         Linda L. Sickels as a member of the Board of Social Work Examiners.

         Patsy A. Hastings as a member of the Board of Speech Pathology and
    Audiology Examiners.

         Susan M. Cosner as a member of the City Development Board.

         Marian A. Williams as a member of the Commission for the Blind.

         Loren J. Woods as a member of the Commission on the Deaf.

         Shawn E. Mullen as a member of the Commission on the Status of
    Women.

         Scott M. Harrison as a member of the Community Health Management
    Information System Governing Board.

         Russell T. Sporer as a member of the Council on Human Services.

         Philip C. Smith as Director of the Office for State-Federal
    Relations.

         Gwendolyn M. Boeke as a member of the Engineering and Land
    Surveying Examining Board.

         Dr. Thomas E. Davis as a member of the First in the Nation in
    Education Foundation Governing Board.

         Thomas M. Glenn as a member of the Iowa Council on Human
    Investment.

         L. Jeanne Partlow as a member of the Iowa Seed Capital Corporation.

         Dr. Marilee Fredericks as a member of the Mental Health and
    Developmental Disabilities Commission.
         Gene E. Vincent as a member of the State Board of Education.

         Willard Bill R. Hansen as a member of the State Racing and Gaming
    Commission.

         Janice K. Laue as a member of the Wallace Technology Transfer
    Foundation of Iowa.

         Senator Horn moved that the foregoing appointments be confirmed by
    the Senate.

         On the question Shall the appointees be confirmed? the votes were:

    Ayes, 48:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       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, 2:

         Banks         Connolly

         The appointees having received a two-thirds vote were declared to
    have been confirmed by the Senate.



                               HOUSE AMENDMENT TO

                           SENATE AMENDMENT CONSIDERED

    House File 2456

         Senator Giannetto called up for consideration House File 2456, a
    bill for an act relating to the rights of victims of criminal acts,
    amended by the Senate, further amended by the House and moved that the
    Senate concur in House amendment S-5648 to Senate amendment H-5649 filed
    April 3, 1996.

         The motion prevailed by a voice vote and the Senate concurred in
    the House amendment to the Senate amendment.

         Senator Giannetto moved that the bill as amended by the Senate,
    further 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? (H.F. 2456) 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, none.

    Absent or not voting, 1:

         Banks

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                           HOUSE AMENDMENTS CONSIDERED

    Senate File 2154

         Senator Bisignano called up for consideration Senate File 2154, a
    bill for an act increasing the penalties for certain offenses involving
    methamphetamine, amended by the House in House amendment S-5614 filed
    April 1, 1996.
         Senator Bisignano offered amendment S-5680 filed by him from the
    floor to House amendment S-5614 and moved its adoption.

         Amendment S-5680 was adopted by a voice vote.

         Senator Bisignano 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 Bisignano 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. 2154) 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, none.

    Absent or not voting, 1:

         Banks

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title as amended was agreed to.
    Senate File 2381

         Senator Szymoniak called up for consideration Senate File 2381, a
    bill for an act relating to dependent adult abuse and providing
    penalties, amended by the House, and moved that the Senate concur in
    House amendment S-5672 filed April 3, 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. 2381) 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
         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, 2:

         Banks         Horn

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    Senate File 2140

         Senator Gettings called up for consideration Senate File 2140, a
    bill for an act increasing the speed limit on certain highways,
    requiring a report on safety in construction zones, and providing an
    effective date, amended by the House in House amendment S-5551 filed
    March 27, 1996.

         Senator Halvorson offered amendment S-5606 filed by him on March 2,
    1996, to House amendment S-5551 and moved its adoption.

         Amendment S-5606 was adopted by a voice vote.

         Senator Halvorson filed the following motion to reconsider from the
    floor and moved its adoption:

         MR. PRESIDENT: I move to reconsider the vote by which amendment
    S-5606 to House amendment S-5551 to Senate File 2140 was adopted by the
    Senate on April 8, 1996.

         The motion prevailed by a voice vote and amendment S-5606 to House
    amendment S-5551 was taken up for reconsideration.

         Senator Halvorson withdrew amendment S-5606 to House amendment
    S-5551.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Freeman until she returns on request of Senator McKean.



                                BUSINESS PENDING

    Senate File 2140

         The Senate resumed consideration of Senator File 2140.

         Senator Lind offered amendment S-5597 filed by Senators Hansen and
    Lind on March 28, 1996, to House amendment S-5551 and moved its
    adoption.

         Amendment S-5597 lost by a voice vote.

         Senator Gettings moved that the Senate concur in the House
    amendment.

         The motion lost by a voice vote and the Senate refused to concur in
    the House amendment.
                          UNFINISHED BUSINESS CALENDAR

    House File 2234

         On motion of Senator Bennett, House File 2234, a bill for an act
    relating to exempting certain nonresident aliens from land ownership
    restrictions, with report of committee on Small Business, Economic
    Development and Tourism recommending amendment and passage on March 25,
    1996, and report of committee on State Government recommending passage
    on March 27, 1996, and placed on the Unfinished Business Calendar on
    March 28, 1996, was taken up for consideration.

         Senator Hansen offered amendment S-5514 filed by the committee on
    Small Business, Economic Development and Tourism on March 25, 1996, to
    page 1 of the bill.

         Senator Bennett offered amendment S-5633 filed by him on April 2,
    1996, to amendment S-5514 and moved its adoption.

         Amendment S-5633 was adopted by a voice vote.

         Senator Husak asked and received unanimous consent that action  on
    amendment S-5514 as amended and House File 2234 be deferred.

    House File 511

         On motion of Senator Gronstal, House File 511, a bill for an act
    relating to open-end credit pursuant to a credit card, including the
    permissible over-limit or delinquency charges, the offering of credit
    unemployment insurance, and the time requirements for making certain
    payments, 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-5031 filed by the committee on
    Commerce on January 31, 1996, to pages 1 and 2 of the bill and moved its
    adoption.

         Amendment S-5031 was adopted by a voice vote.

         Senator Palmer offered amendment S-5087 filed by him on February
    20, 1996, to pages 1 and 2 of the bill.
         Senator Gronstal called for a division of amendment S-5087: lines
    3-5 and 9-11 as division S-5087A and lines 6-8 and 12-17 as division
    S-5087B.

         Senator Palmer moved the adoption of division S-5087A, which motion
    prevailed by a voice vote.

         Senator Palmer moved the adoption of division S-5087B.

         A non record roll call was requested.

         The ayes were 17, nays 28.

         Division S-5087B lost.

         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. 511) the vote was:

    Ayes, 37:


         Banks         Bartz         Bennett       Bisignano
         Boettger      Borlaug       Boswell       Dearden
         Deluhery      Douglas       Drake         Flynn
         Freeman       Giannetto     Gronstal      Halvorson
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Kramer        Lind
         Lundby        Maddox        McKean        McLaren
         Neuhauser     Priebe        Redfern       Rensink
         Rife          Rittmer       Szymoniak     Tinsman
         Zieman

    Nays, 13:

         Black         Connolly      Dvorsky       Fink
         Fraise        Gettings      Hammond       Judge
         Kibbie        Murphy        Palmer        Sorensen
         Vilsack

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                               UNFINISHED BUSINESS

                            (Deferred April 3, 1996)

    House File 2383
         The Senate resumed consideration of House File 2383, a bill for an
    act relating to issuance of free deer and wild turkey hunting licenses
    to certain landowners and tenants, amendment S-5554 by Senator Judge to
    page 2 of the bill and amendment S-5668 by Senator Bisignano to
    amendment S-5554, deferred April 3, 1996.

         Senator Bisignano moved the adoption of amendment S-5568 to
    amendment S-5554.

         A non record roll call was requested.

         The ayes were 26, nays 24.

         Amendment S-5568 was adopted.

         Senator Hansen offered amendment S-5629 filed by Senators Hansen
    and Fraise on April 2, 1996, to amendment S-5554.

         Senator Black raised the point of order that amendment S-5629 was
    not germane to amendment S-5554.

         The Chair ruled the point well taken and amendment S-5629 out of
    order.

         With the adoption of amendment S-5668 to amendment S-5554, the
    Chair ruled amendment S-5621 by Senator Fink to amendment S-5554
    deferred on April 2, 1996, out of order.

         Action on amendment S-5554 as amended was temporarily deferred.

         Senator Lind offered amendment S-5676 filed by him on April 3,
    1996, to page 2 of the bill.

         Senator Fink raised the point of order that amendment S-5676 was
    not germane to the bill.

         The Chair ruled the point not well taken and amendment S-5676 in
    order.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Murphy until he returns on request of Senator Sorensen.
                                BUSINESS PENDING

    House File 2383

         The Senate resumed consideration of House File 2383 and amendment
    S-5676, previously deferred.

         Senator Lind moved the adoption of amendment S-5676 and requested a
    record roll call.

         On the question Shall amendment S-5676 be adopted? (H.F. 2383) the
    vote was:

         Rule 23, requiring all Senators present to vote except those who
    express a conflict of interest, was invoked.

    Ayes, 19:


         Bartz         Bennett       Boettger      Borlaug
         Deluhery      Douglas       Freeman       Giannetto
         Halvorson     Hedge         Kramer        Lind
         McKean        McLaren       Redfern       Rife
         Rittmer       Tinsman       Zieman

    Nays, 25:

         Banks         Bisignano     Black         Boswell
         Connolly      Dearden       Dvorsky       Fink
         Flynn         Fraise        Gronstal      Hammond
         Hansen        Horn          Iverson       Jensen
         Judge         Kibbie        Lundby        Maddox
         Neuhauser     Palmer        Rensink       Sorensen
         Vilsack

    Voting present, 5:

         Drake         Gettings      Husak         Priebe
         Szymoniak

    Absent or not voting, 1:

         Murphy

         Amendment S-5676 lost.

         The Senate resumed consideration of amendment S-5554 as amended,
    previously deferred.
         Senator Priebe offered amendment S-5685 filed by him from the floor
    to amendment S-5554.

         Senator Black called for a division of amendment S-5685: lines 3-12
    as division S-5685A and lines 13-22 as division S-5685B.



                                LEAVES OF ABSENCE

         Leaves of absence were granted as follows:

         Senator Boettger for the remainder of the day on request of Senator
    Jensen and Senator Rife for the remainder of the day on his request.



                                BUSINESS PENDING

    House File 2383

         The Senate resumed consideration House File 2383.

         Senator Priebe moved the adoption of division S-5685A to amendment
    S-5554 and requested a record roll call.

         On the question Shall division S-5685A to amendment S-5554 be
    adopted? (H.F. 2383) the vote was:

    Ayes, 30:


         Banks         Bartz         Bennett       Bisignano
         Borlaug       Douglas       Drake         Freeman
         Gettings      Giannetto     Hansen        Hedge
         Husak         Iverson       Jensen        Kibbie
         Kramer        Lind          McKean        McLaren
         Murphy        Neuhauser     Palmer        Priebe
         Redfern       Rensink       Rittmer       Sorensen
         Tinsman       Zieman

    Nays, 18:

         Black         Boswell       Connolly      Dearden
         Deluhery      Dvorsky       Fink          Flynn
         Fraise        Gronstal      Halvorson     Hammond
         Horn          Judge         Lundby        Maddox
         Szymoniak     Vilsack

    Absent or not voting, 2:

         Boettger      Rife
         Division S-5685A was adopted.

         Senator Black raised the point of order that division S-5685B to
    amendment S-5554 was not germane.

         The Chair ruled the point well taken and division S-5685B out of
    order.



                                LEAVES OF ABSENCE

         Leaves of absence were granted as follows:

         Senator McLaren for the remainder of the day on request of Senator
    Jensen and Senator Neuhauser for the remainder of the day on request of
    Senator Dvorsky.



                                BUSINESS PENDING

    House File 2383

         The Senate resumed consideration of House File 2383 and amendment
    S-5554, previously deferred.

         President pro tempore Bisignano took the chair at 5:26 p.m.

         Senator Judge moved the adoption of amendment S-5554 as amended,
    which motion prevailed by a voice vote.

         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. 2383) the vote was:

    Ayes, 38:


         Banks         Bartz         Bennett       Bisignano
         Black         Borlaug       Boswell       Connolly
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Flynn         Fraise        Freeman
         Gettings      Halvorson     Hammond       Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kibbie        Kramer        Lundby
         McKean        Palmer        Priebe        Redfern
         Rensink       Rittmer       Sorensen      Szymoniak
         Tinsman       Zieman
    Nays, 8:

    92nd Day MONDAY, APRIL 8, 1996 1265

         Fink          Giannetto     Gronstal      Hansen
         Lind          Maddox        Murphy        Vilsack

    Absent or not voting, 4:

         Boettger      McLaren       Neuhauser     Rife

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                              IMMEDIATELY MESSAGED

         Senator Horn asked and received unanimous consent that House Files
    2456, 511 and 2383 and Senate Files 2154 and 2140  be immediately
    messaged to the House, and to send an immediate messaged to the House on
    Senate File 2381.



                                 SENATE INSISTS

    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, 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? (S.F. 2449)
    the vote was:

    Ayes, 25:


         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Flynn         Fraise        Gettings      Giannetto
         Gronstal      Halvorson     Hammond       Hansen
         Horn          Husak         Judge         Kibbie
         Murphy        Palmer        Sorensen      Szymoniak
         Vilsack

    Nays, 21:

         Banks         Bartz         Bennett       Borlaug
         Douglas       Drake         Freeman       Hedge
         Iverson       Jensen        Kramer        Lind
         Lundby        Maddox        McKean        Priebe
         Redfern       Rensink       Rittmer       Tinsman
         Zieman

    Absent or not voting, 4:

         Boettger      McLaren       Neuhauser     Rife

         The motion prevailed and the Senate insisted on its amendment.



                       APPOINTMENT OF CONFERENCE COMMITTEE

         The Chair announced the following conference committee on Senate
    File 2449 on the part of the Senate: Senators Palmer, Chair; Husak,
    Vilsack, Bennett and Freeman.



                     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 8, 1996, passed the following bills in which the
    concurrence of the House was asked:

         Senate File 2131, a bill for  an act relating to a continuing
    appropriation for city public improvements.

         Senate File 2158, a bill for  an act relating to textbooks.

         Senate File 2218, a bill for an act relating to the community
    health management system by extending the date for implementation of
    phase I of the system.
         Senate File 2283, a bill for  an act relating to voting, the
    distribution of earnings, and the bylaws of a cooperative association.

         Senate File 2303, a bill for  an act relating to the medical
    assistance program including provisions relating to personal liability
    of personal representatives of medical assistance recipients, nursing
    facility fines, and transfers of assets.

         ALSO: That the House has on April 8, 1996, amended and passed the
    following bills in which the concurrence of the Senate is asked:

         Senate File 2201, a bill for  an act relating to the open
    enrollment application and implementation process (S-5688).

         Senate File 2294, a bill for  an act creating multidisciplinary
    community services teams and providing a penalty (S-5687).

         ALSO: That the House has on April 8, 1996, concurred in the Senate
    amendment and passed the following bills in which the concurrence of the
    House was asked:

         House File 419, a bill for  an act providing for class C area
    service system roads and providing a penalty.

         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.

         House File 2462, a bill for  an act relating to public access to
    motor vehicle records and providing a conditional repeal and an
    effective date.

         ALSO: That the House has on April 8, 1996, adopted the following
    resolution in which the concurrence of the Senate is asked:

         House Concurrent Resolution 123, a house concurrent resolution to
    approve and confirm the appointment of the citizens aide.

         This resolution was read first time and passed on file.

         ALSO: That the House has on April 8, 1996, passed the following
    bills in which the concurrence of the Senate is asked:
         House File 2422, a bill for  an act relating to state sales and
    services tax exemption for sales or services rendered, furnished, or
    performed by state and county fairs.

         This bill was read first time and passed on file.

         House File 2488, a bill for  an act relating to special census
    certification and providing an effective date.

         This bill was read first time and passed on file.

         House File 2491, a bill for  an act relating to the care and
    maintenance of pioneer cemeteries and authorizing a tax levy.

         This bill was read first time and passed on file.

         ALSO: That the House has on April 8, 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 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.



                           INTRODUCTION OF RESOLUTION

         Senate Concurrent Resolution 118, by Szymoniak, a concurrent
    resolution recognizing the outstanding work of the employees of the
    Division of Vocational Rehabilitation Services of the Department of
    Education and commemorating the 75th anniversary of vocational
    rehabilitation services in Iowa.

         Read first time and passed on file.
                                    APPENDIX



                               STUDY BILL RECEIVED

    SSB 2356
         Ways and Means

         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.



                            SUBCOMMITTEE ASSIGNMENTS

                                    SSB 2354

    WAYS AND MEANS: Deluhery, Chair; Freeman, McLaren, Neuhauser and Priebe

                                    SSB 2356

    WAYS AND MEANS: Deluhery, Chair; Iverson and Neuhauser



                   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 8th day of April, 1996

         Senate Files 2110, 2299, 2352, 2062, 2260, 2307, 2387, 2063 and
    2074.

    JOHN F. DWYER Secretary of the Senate

                      REPORT OF THE SECRETARY OF THE SENATE

         MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
    enrolling Senate File 2062, the following correction was made:

         1. Page 11, line 11, the word and number Section 17 were changed to
    the word and number Section 22.

    JOHN F. DWYER Secretary of the Senate
                           CERTIFICATE OF RECOGNITION

         The secretary of the senate issued the following certificate of
    recognition:

         James W. Kueter, Durango - For attaining the rank of Eagle Scout.
    Senator Flynn (4-8-96).



                         COMMUNICATION FROM THE GOVERNOR

         The following communication from the governor was presented and
    placed on file:

                                                               April 3, 1996

    Mr. John F. Dwyer

    Secretary of the Senate

    State Capitol Building

    L O C A L

    Dear Mr. Dwyer:

         Due to the resignation of Pamela Vap from the Community Health
    Management Information System Governing Board, I am withdrawing her name
    for consideration by the Senate for reappointment to this board.

    Sincerely, TERRY E. BRANSTAD Governor

                          BILLS SIGNED BY THE GOVERNOR

         Communications were received announcing that on April 8, 1996, the
    Governor approved and transmitted to the Secretary of State the
    following bills:

         SENATE FILE 2155 - To adjust the jurisdictional amount for
    municipal infractions tried before a judge in district court.

         SENATE FILE 2165 - Relating to the hunting season for ungulates on
    a hunting preserve and providing an effective date.

         SENATE FILE 2167 - Relating to prohibiting the assault of a health
    care provider and providing penalties.

         SENATE FILE 2212 - Relating to the regulation of timber sales and
    surety bonds paid by timber buyers and providing an effective date.
         SENATE FILE 2213 - Relating to the continued existence of the
    prevention of disabilities policy council and technical assistance
    committee and providing an effective date.

         SENATE FILE 2252 - Relating to the number and apportionment of
    district associate judges, and providing an effective date.

         SENATE FILE 2252 - Relating to the number and apportionment of
    district associate judges, and providing an effective date.

         SENATE FILE 2323 - Relating to pharmacy technician designation,
    registration and fees, delegation of duties, and disciplinary action.

         SENATE FILE 2367 - 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.



                            PRESENTATION OF VISITORS

         Senator Jensen presented Helle Koch, Klaus Olesen and Jane Wickrog,
    visitors from Denmark, who were present in the Senate chamber.



                           BILL ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bill to
    committee:


         H.F.          2423          Ways and Means



                      CONFERENCE COMMITTEE REPORT RECEIVED

                               (Senate File 2448)

         A conference committee report signed by the following Senate and
    House members was filed April 8, 1996, on 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:
         On the Part of the Senate:  On the Part of the House:
         TOM FLYNN, Chair            JOSEPH KREMER, Chair
         NANCY BOETTGER              NORMAN MUNDIE
         DICK DEARDEN  KEITH WEIGEL
         RANDAL GIANNETTO
         WILMER RENSINK



                                AMENDMENTS FILED


         S-5678        S.F.          2420          Johnie Hammond
         S-5679        S.F.          2442          Robert Dvorsky
         S-5680        S.F.          2154          Tony Bisignano
         S-5681        H.F.          2458          Michael E. Gronstal
         S-5682        H.F.          2458          Michael E. Gronstal
         S-5683        H.F.          2448          Andy McKean
                                                   Randal J. Giannetto
                                                   Tom Flynn
         S-5684        H.F.          2259          Merlin E. Bartz
         S-5685        H.F.          2383          Berl E. Priebe
         S-5686        H.F.          230           Michael E. Gronstal
         S-5687        S.F.          2294          House amendment
         S-5688        S.F.          2201          House amendment
         S-5689        S.F.          2442          Elaine Szymoniak
                                                   Johnie Hammond
                                                   Jim Lind



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 5:48 p.m., until
    9:00 a.m., Tuesday, April 9, 1996.

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