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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.
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