| Previous Day: Monday, April 8 | Next Day: Wednesday, April 10 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
NINETY-THIRD CALENDAR DAY
FIFTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 9, 1996
The Senate met in regular session at 9:08 a.m., President Boswell
presiding.
Prayer was offered by Caroline Ogle, a 10-year-old student at Luana
Center of MFL Marmac School, District of Monona, Iowa, who sang The
Lords Prayer.
The Journal of Monday, April 8, 1996, was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Sorensen until he arrives on request of Senator Gettings.
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 8, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2114, a bill for an act relating to the amount of
prison time served by persons convicted of an aggravated misdemeanor or
greater offense, by providing for changes in the mandatory minimum terms
of sentences to be served, providing for a reduction in the amount of
good and honor time that may be earned by forcible felons, providing for
a legislative interim and a departmental study, and making other related
changes (S-5690).
ALSO: That the members of the Conference Committee appointed April
9, 1996, on 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, on the part of the House
are: The Representative from Clayton, Mr. Halvorson, Chair; the
Representative from Story, Mr. Bernau; the Representative from Emmet,
Mr. Greig; the Representative from Linn, Mr. Larson; the Representative
from Johnson, Mr. Myers.
SPECIAL GUESTS
Senator Hedge presented Jill Verhey, Queen of the Sixty-first
Annual Tulip Time Festival, who in turn introduced the members of her
court: Allison Mulder, Livija Shannon, Julie Steenhoek and Crystal
Vander Waal. They were accompanied by their parents.
Queen Jill invited members of the Senate to attend the Tulip Time
Festival in Pella on May 9, 10 and 11.
The Queen, her attendants and their parents distributed the famous
Dutch cookies to the senators and staff.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.C.R. 118 Education
H.C.R. 123 Rules and Administration
H.F. 2422 Ways and Means
H.F. 2488 Ways and Means
H.F. 2491 Ways and Means
The Senate stood at ease at 9:30 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 10:55 a.m., President Boswell
presiding.
HOUSE MESSAGES RECEIVED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 9, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2171, a bill for an act relating to public health
administration, including the duties of the director of public health,
primary care recruitment and retention, professional licensure, and
health data.
ALSO: That the House has on April 9, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 2407, a bill for an act relating to legal publications
and related products prepared and distributed under the authority of the
general assembly.
ALSO: That the House has on April 9, 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 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 (S-5691 to H-5756).
ALSO: That the House has on April 9, 1996, refused to concur in the
Senate amendment to the following bill in which the concurrence of the
House was asked:
House File 2390, a bill for an act providing for the branding of
livestock.
RECESS
On motion of Senator Horn, the Senate recessed at 10:57 a.m., until
2:00 p.m.
APPENDIX
SUBCOMMITTEE ASSIGNMENTS
SSB 2355
WAYS AND MEANS: Murphy, Chair; Bennett, Drake, Palmer and Vilsack
House File 2488
WAYS AND MEANS: Szymoniak, Chair; Freeman and Neuhauser
House File 2491
WAYS AND MEANS: Deluhery, Chair; Iverson and Priebe
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Thirty twelfth grade students from Washington High School, Vinton,
accompanied by Sharyl Stulken. Senator Husak.
Thirty fifth grade students from Pleasant View Elementary School,
Pleasant Valley, accompanied by Mark Wilson. Senators Tinsman and
Rittmer.
Sixty fifth grade students from BCLUW Middle School, Union,
accompanied by Mary Piper, John Ehn and Stacy Simpson. Senators Jensen,
Giannetto and Iverson.
CERTIFICATE OF RECOGNITION
The secretary of the senate issued a certificate of recognition as
follows:
Jason Rippeteau, Fort Madison - For attaining the rank of Eagle
Scout. Senator Fraise (4-6-96).
COMMITTEE REPORTS
WAYS AND MEANS
Final Bill Action: SENATE FILE 2465 (SSB 2354), a bill for an act
relating to the amount for state income tax purposes of the per diem
received by certain members of the general assembly that may be deducted
and providing an applicability date provision.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe and Vilsack. Nays,
none. Absent or not voting, 2: Murphy and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2466 (SSB 2356), a bill for an act
relating to entities and subject matter under the regulatory authority
of the division of insurance, including prearranged funeral contracts,
cemeteries, residential service contracts, and business opportunities,
and establishing fees.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser and Vilsack. Nays, 1:
Priebe. Absent or not voting, 2: Murphy and Szymoniak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTES
MR. PRESIDENT: I was nessarily absent from the Senate chamber on
April 6, 1996. Had I been present, I would have voted aye on Senate
Files 2208, 2269, 2420 and 2438 and the En Bloc Confirmation Calendar.
MIKE CONNOLLY
AMENDMENTS FILED
S-5690 S.F. 2114 House amendment
S-5691 H.F. 2419 House amendment
S-5692 H.F. 2387 Don E. Gettings
S-5693 S.F. 2369 Merlin E. Bartz
S-5694 S.F. 2463 Wayne Bennett
S-5695 S.F. 2463 Wayne Bennett
S-5696 H.F. 2370 House amendment
AFTERNOON SESSION
The Senate reconvened at 2:45 p.m., President Boswell 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 9, 1996, adopted the following resolution in which
the concurrence of the House was asked:
Senate Concurrent Resolution 109, a concurrent resolution urging
the United States Congress to amend relevant law to facilitate the
development and approval of new drugs and biologics.
ALSO: That the House has on April 9, 1996, passed the following
bills in which the concurrence of the House was asked:
Senate File 2071, a bill for an act creating an advisory
commission on intergovernmental relations, specifying its membership and
its powers and duties, providing for other properly related matters, and
providing an effective date.
Senate File 2123, a bill for an act relating to the payment of
claims by an administrator acting on behalf of an insurer.
Senate File 2204, a bill for an act relating to the operation of
the vocational rehabilitation division of the department of education
and promoting consistency with the most recently amended version of
federal law.
Senate File 2396, a bill for an act adding certain residential
security deposits and prepaid rent to the list of exempt property which
a debtor may claim.
ALSO: That the House has on April 9, 1996, concurred in the Senate
amendment to the House amendment, and passed the following bill in which
the concurrence of the House was asked:
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.
ALSO: That the House has on April 9, 1996, adopted the following
resolution in which the concurrence of the Senate is asked:
House Concurrent Resolution 28, a concurrent resolution requesting
that the United States Congress repeal the decriminalization of status
offenses mandate contained in the federal Juvenile Justice Delinquency
Prevention Act of 1974.
This resolution was read first time and passed on file.
ALSO: That the House has on April 9, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2432, a bill for an act relating to the taxation of
payments received by organized health care delivery systems.
This bill was read first time and passed on file.
ALSO: That the House has on April 9, 1996, concurred in the Senate
amendment and passed the following bills in which the concurrence of the
House was asked:
House File 111, a bill for an act exempting from regulation
certain homeowners association swimming pools.
House File 210, a bill for an act authorizing a court to require a
criminal offender as part of a restitution order to make financial
contributions to a local anticrime organization.
ALSO: That the House has on April 9, 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 2370, a bill for an act relating to limited liability
companies and corporations, including the period within which a limited
liability company subject to dissolution may be continued, and providing
an exemption from the real estate transfer tax for certain transfers
involving limited liability companies (S-5696 to H-5621).
INTRODUCTION OF BILLS
Senate File 2465, by committee on Ways and Means, a bill for an
act relating to the amount for state income tax purposes of the per diem
received by certain members of the general assembly that may be deducted
and providing an applicability date provision.
Read first time and placed on Ways and Means Calendar.
Senate File 2466, by committee on Ways and Means, a bill for an
act relating to entities and subject matter under the regulatory
authority of the division of insurance, including prearranged funeral
contracts, cemeteries, residential service contracts, and business
opportunities, and establishing fees.
Read first time and placed on Ways and Means Calendar.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 119, by Gronstal, a concurrent
resolution relating to the establishment of an interim committee
regarding the Iowa Administrative Procedure Act.
Read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 42 present, 8 absent and a quorum present.
The Senate stood at ease at 2:51 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 3:20 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 46 present, 4 absent and a quorum present.
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:
Dr. Kenneth W. Caldwell as a member of the Athletic Trainer
Advisory Board.
Dr. Thomas J. Henrich as a member of the Board of Behavioral
Science Examiners.
Shirley A. Pennington as a member of the Board of Mortuary Science
Examiners.
Kevin J. Beauvais as a member of the Commission on Community Action
Agencies.
Sharon Lehmann as a member of the Commission on the Deaf.
Jerome Thomas as a member of the Commission on the Status of
African-Americans.
Judge Brown, Jr. and Dr. Scharron A. Clayton as members of the
Commission on the Status of Women.
Lillie M. Perry as a member of the Real Estate Appraiser Examining
Board.
Eric C. Seuren as a member of the Renewable Fuels and Coproducts
Advisory Committee.
Rosemary Schrack as a member of the State Board of Examiners for
Nursing Home Administrators.
Senator Horn moved that the foregoing appointments be confirmed by
the Senate.
On the question Shall the appointees be confirmed? the votes were:
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 appointees having received a two-thirds vote were declared to
have been confirmed by the Senate.
HOUSE AMENDMENTS CONSIDERED
Senate File 2201
Senator Neuhauser called up for consideration Senate File 2201, a
bill for an act relating to the open enrollment application and
implementation process, amended by the House, and moved that the Senate
concur in House amendment S-5688 filed April 8, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Neuhauser 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. 2201) 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.
Senate File 2294
Senator Hammond called up for consideration Senate File 2294, a
bill for an act creating multidisciplinary community services teams and
providing a penalty, amended by the House, and moved that the Senate
concur in House amendment S-5687 filed April 8, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Hammond 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. 2294) 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
(Deferred April 3, 1996)
House File 2259
The Senate resumed consideration of House File 2259, a bill for an
act relating to city sewer or water utility connections, deferred April
3, 1996.
Senator Bartz offered amendment S-5684 filed by him on April 8,
1996, to page 1 of the bill and moved its adoption.
Amendment S-5684 was adopted by a voice vote.
Senator Sorensen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2259) 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.
CONFERENCE COMMITTEE REPORT ADOPTED
Senate File 2448
Senator Flynn called up the conference committee report 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, filed on April 8, 1996, and moved its
adoption.
The motion prevailed by a voice vote and the conference committee
report and the recommendations and amendments contained therein was
adopted.
Senator Flynn moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2448) 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.
CONSIDERATION OF BILLS
(Ways and Means Calendar)
Senate File 2457
On motion of Senator Palmer, Senate File 2457, a bill for an act
relating to single-family residential construction and by establishing a
mediation process providing consumer remedies, and providing for related
matters, was taken up for consideration.
President pro tempore Bisignano took the chair at 3:46 p.m.
Senator Flynn asked and received unanimous consent that action on
Senate File 2457 be deferred.
House File 2166
On motion of Senator Palmer, House File 2166, a bill for an act
relating to the taxation of foreign corporations and providing an
effective and retroactive applicability date provision, with report of
committee recommending passage, 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? (H.F. 2166) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred April 8, 1996)
House File 2234
The Senate resumed consideration of House File 2234, a bill for an
act relating to exempting certain nonresident aliens from land ownership
restrictions, and amendment S-5514 by the committee on Small Business,
Economic Development and Tourism, to page 1 of the bill, deferred April
8, 1996.
Senator Bennett offered amendment S-5698 filed by him from the
floor to amendment S-5514 and moved its adoption.
Amendment S-5698 was adopted by a voice vote.
Senator Hansen moved the adoption of amendment S-5514 as amended,
which motion prevailed by a voice vote.
Senator Priebe asked and received unanimous consent that action on
House File 2234 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
2259 and 2166 and Senate File 2448 be immediately messaged to the House,
and to send an immediate message to the House on Senate Files 2201 and
2294.
APPENDIX
SUBCOMMITTEE ASSIGNMENTS
House File 2422
WAYS AND MEANS: Husak, Chair; Hedge and Neuhauser
House File 2423
WAYS AND MEANS: Palmer, Chair; Connolly and Iverson
House File 2481
WAYS AND MEANS: Vilsack, Chair; Bennett and Palmer
Senate Resolution 112
RULES AND ADMINISTRATION: Boswell, Chair; Gettings and Kramer
House Concurrent Resolution 123
RULES AND ADMINISTRATION: Gronstal, Chair; Gettings and Kramer
PRESENTATION OF VISITORS
The following visitors were present in the Senate gallery:
Sixty eleventh grade students from Colo-Nesco Community Schools,
Colo, accompanied by Steve Lively, Steve Buhrow and Janis MaGruder.
Senator Giannetto.
COMMITTEE REPORTS
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Final Bill Action: SENATE RESOLUTION 110, a senate resolution
recognizing June 22, 1996, as Morman Trail Day, in celebration of the
sesquicentennial anniversary of the Mormon pioneer exodus of 1846.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Fink, Black, Lundby, Banks, Borlaug, Dearden,
Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe and Rensink.
Nays, none. Absent or not voting, 1: Sorensen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: HOUSE FILE 569, a bill for an act relating to the
motor vehicle leasing tax and providing an applicability provision.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5699.
Final Vote: Ayes, 13: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe and Szymoniak.
Nays, none. Absent or not voting, 2: Murphy and Vilsack.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5697 H.F. 2427 Al Sorensen
S-5698 H.F. 2234 Wayne Bennett
S-5699 H.F. 569 Ways and Means
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 4:19 p.m., until
9:00 a.m., Wednesday, April 10, 1996.
| Previous Day: Monday, April 8 | Next Day: Wednesday, April 10 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? sjourn@legis.iowa.gov.
Last update: Wed Apr 10 13:30:13 CDT 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0409.html
jhf