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NINETY-FOURTH CALENDAR DAY
FIFTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, April 10, 1996
The Senate met in regular session at 9:12 a.m., President Boswell
presiding.
Prayer was offered by the Reverend David McCall, pastor of the
First Baptist Church, Shenandoah, Iowa.
The Journal of Tuesday, April 9, 1996, was approved.
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 105, a concurrent resolution in
support of maintaining the Mississippi River as a major transportation
route for various products shipped into and out of the Upper Mississippi
region.
ALSO: That the House has on April 9, 1996, passed the following
bill in which the concurrence of the House was asked:
Senate File 2305, a bill for an act relating to purchase money
mortgages and providing a retroactive applicability provision.
ALSO: That the House has on April 9, 1996, refused to concur in the
Senate amendment to the House amendment to the following bill in which
the concurrence of the House was asked:
Senate File 2085, a bill for an act relating to handicapped
parking and providing a penalty.
ALSO: That the House has on April 9, 1996, amended and passed the
following bill in which the concurrence of the Senate is asked:
Senate File 2399, a bill for an act relating to child protection
system provisions involving the child abuse assessment pilot projects
administered by the department of human services and certain
multidisciplinary teams, and providing an effective date (S-5702).
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 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.
House File 2306, a bill for an act relating to the regulation of
motorboats on certain artificial lakes, and providing an effective date.
ALSO: That the House has on April 9, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2486, a bill for an act appropriating federal funds
made available from federal block grants and other federal grants,
allocating portions of federal block grants, and providing procedures if
federal funds are more or less than anticipated or if federal block
grants are more or less than anticipated.
This bill was read first time and passed on file.
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.C.R. 119 Rules and Administration
H.C.R. 28 Judiciary
H.F. 2432 Ways and Means
H.F. 2486 Appropriations
LEAVES OF ABSENCE
Leaves of absence were granted to the following Senators until they
arrive:
Senator Redfern on request of Senator McLaren; Senators Kramer,
Tinsman and Banks on request of Senator Rife; Senator Rittmer on request
of Senator Bennett and Senator Connolly request of Senator Flynn.
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:
Diana L. Stadtmueller as a member of the Agricultural Development
Authority.
Robert L. Cramer as a member of the Alcoholic Beverages Commission.
Dr. Mary L. Khowassah as a member of the Athletic Trainer Advisory
Board.
Patricia K. Stark as a member of the Board for the Licensing and
Regulation of Hearing Aid Dealers.
Dr. John W. Quinlan as a member of the Board of Chiropractic
Examiners.
Dr. Bruce C. Heilman as a member of the Board of Dental Examiners.
Dr. Eddie D. DeHaan as a member of the Board of Medical Examiners.
Dr. Melvin L. Grundleger as a member of the Board of Pharmacy
Examiners.
Bette L. Crumrine as a member of the Commission on Community Action
Agencies.
Darryl L. Lipscomb as a member of the Commission on the Status of
African-Americans.
Dennis J. Bullock as a member of the Commission on the Status of
Women.
Norma D. Lyon as a member of the Iowa Board of Veterinary Medicine.
Harriet B. Gottlieb as a member of the Iowa Higher Education Loan
Authority.
Dennis A. Ausenhus as a member of the Landscape Architectural
Examining Board.
A.H. Cooper as a member of the Renewable Fuels and Coproducts
Advisory Committee.
Paul C. Johnson 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, 44:
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 Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Rensink Rife
Sorensen Szymoniak Vilsack Zieman
Nays, none.
Absent or not voting, 6:
Banks Connolly Kramer Redfern
Rittmer Tinsman
The appointees having received a two-thirds vote were declared to
have been confirmed by the Senate.
UNFINISHED BUSINESS CALENDAR
Senate File 2210
On motion of Senator McKean, Senate File 2210, a bill for an act
relating to public access to criminal history data maintained by the
department of public safety, placed on the Unfinished Business Calendar
on March 20, 1996, was taken up for consideration.
Senator McKean offered amendment S-5536 filed by him on March 26,
1996, to pages 1 and 2 of the bill and moved its adoption.
Amendment S-5536 was adopted by a voice vote.
Senator McKean asked and received unanimous consent that House File
2448 be substituted for Senate File 2210 as amended.
House File 2448
On motion of Senator McKean, House File 2448, a bill for an act
relating to public access to criminal history data maintained by the
department of public safety, was taken up for consideration.
Senator Giannetto offered amendment S-5561 filed by him on March
27, 1996, to page 1 and the title page of the bill and moved its
adoption.
Amendment S-5561 was adopted by a voice vote.
Senator McKean offered amendment S-5601 filed by him on March 28,
1996, to page 1 of the bill and moved its adoption.
Amendment S-5601 was adopted by a voice vote.
Senator McKean offered amendment S-5556 filed by Senators McKean,
Giannetto and Vilsack on March 27, 1996, to pages 1-4 of the bill and
moved its adoption.
Amendment S-5556 was adopted by a voice vote.
With the adoption of amendment S-5556, the Chair ruled amendment
S-5534 filed by Senator Giannetto on March 26, 1996, to page 1 of the
bill, out of order.
Senator Hammond offered amendment S-5665 filed by Senators Hammond
and McKean on April 3, 1996, to page 1 of the bill and moved its
adoption.
Amendment S-5665 was adopted by a voice vote.
Senator McKean asked and received unanimous consent to withdraw
amendment S-5599 filed by Senators McKean, Giannetto and Flynn on March
28, 1996, to page 2 of the bill.
Senator McKean offered amendment S-5683 filed by Senators McKean,
Giannetto and Flynn on April 8, 1996, to page 2 of the bill and moved
its adoption.
Amendment S-5683 was adopted by a voice vote.
With the adoption of amendment S-5556, the Chair ruled amendment
S-5663 filed by Senator Vilsack on April 3, 1996, to pages 3 and 4 of
the bill, out of order.
Senator Flynn withdrew amendment S-5564 filed by him on March 27,
1996, to page 4 of the bill.
Senator McKean 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. 2448) the vote was:
Ayes, 45:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Husak Iverson Jensen Judge
Kibbie Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Rensink Rife
Rittmer Sorensen Szymoniak Vilsack
Zieman
Nays, none.
Absent or not voting, 5:
Connolly Horn Kramer Redfern
Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
President pro tempore Bisignano took the chair at 10:03 a.m.
UNFINISHED BUSINESS CALENDAR
House File 2427
On motion of Senator Sorensen, House File 2427, a bill for an act
relating to mental health, mental retardation, developmental
disabilities, and other services paid for in whole or in part by
counties or the state, and including an applicability provision and an
effective date, with report of committee recommending passage, and
placed on the Unfinished Business Calendar on March 28, 1996, was taken
up for consideration.
Senator Sorensen offered amendment S-5697 filed by him on April 9,
1996, to pages 1-7 and 9-22 of the bill and moved its adoption.
Amendment S-5697 was adopted by a voice vote.
Senator Hammond offered amendment S-5704 filed by her from the
floor to page 16 of the bill.
Senator Hammond asked and received unanimous consent that action on
amendment S-5704 and House File 2427 be deferred.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 110.
Senate Resolution 110
On motion of Senator Black, 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, with report of committee recommending passage, was taken
up for consideration.
Senator Black moved the adoption of Senate Resolution 110, which
motion prevailed by a voice vote.
UNFINISHED BUSINESS
(Deferred March 25, 1996)
House File 2458
The Senate resumed consideration of House File 2458, a bill for an
act relating to the right to appointed counsel or a public defender, by
relating to the eligibility for certain indigents, the recovery of
defense costs, and by restricting the right to counsel for certain
parents in child in need of assistance cases, deferred March 25, 1996.
Senator Hansen offered amendment S-5419 filed by the committee on
Judiciary on March 19, 1996, to page 2 of the bill.
Senator Vilsack withdrew amendment S-5521 filed by him on Mrach 25,
1996, to amendment S-5419.
Senator Hansen moved the adoption of amendment S-5419, which motion
prevailed by a voice vote.
Senator Giannetto withdrew amendment S-5673 filed by him on April
3, 1996, to pages 1, 2 and the title page of the bill.
With the withdrawal of amendment S-5673, the Chair ruled amendments
S-5681 and S-5682 filed by Senator Gronstal on April 8, 1996, to
amendment S-5673, out of order.
Senator Giannetto offered amendment S-5596 filed by him on March
28, 1996, to page 6 of the bill and mobed its adoption.
Amendment S-5596 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Halvorson until he returns on request of Senator Sorensen.
BUSINESS PENDING
House File 2458
The Senate resumed consideration of House File 2458.
Senator Hansen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2458) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Halvorson Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
House File 2427
The Senate resumed consideration of House File 2427, a bill for an
act relating to mental health, mental retardation, developmental
disabilities, and other services paid for in whole or in part by
counties or the state, and including an applicability provision and an
effective date, and amendment S-5704 by Senator Hammond to page 16 of
the bill, previously deferred.
Senator Hammond offered amendment S-5705 filed by Senators Hammond
and McLaren from the floor to amendment S-5704 and moved its adoption.
Amendment S-5705 was adopted by a voice vote.
Senator Hammond moved the adoption of amendment S-5704 as amended,
which motion prevailed 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. 2427) the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Husak asked and received unanimous consent that House Files
2448 and 2427 be immediately messaged to the House.
RECESS
On motion of Senator Husak, the Senate recessed at 10:56 a.m.,
until 2:00 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: April 9, 1996, 4:30 p.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky,
Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge,
Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: none.
Committee Business: Recommended passage of House File 2421 as amended.
Adjourned: 5:45 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: April 9, 1996, 2:56 p.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Hedge, Judge,
Kibbie, Priebe and Rensink.
Members Absent: Sorensen (excused).
Committee Business: Recommended passage of Senate Resolution 110.
Adjourned: 3:00 p.m.
WAYS AND MEANS
Convened: April 9, 1996, 9:35 a.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: Murphy (excused).
Committee Business: Assigned bills to subcommittees; recommended passage
of House File 569 as amended; approved SSBs 2354 and 2356 as committee
bills; discussed and deferred action on House File 2423.
Adjourned: 10:06 a.m.
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 9, 1996, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILE 2110 - Relating to the establishment of an anatomical
gift public awareness and transplantation fund to be administered by and
an anatomical gift public awareness advisory committee to be established
within the Iowa Department of Public Health.
SENATE FILE 2299 - Relating top reserve peace officers obtaining or
renewing professional permits to carry weapons.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-three eighth grade students from Southeast Junior High
School, Iowa City, accompanied by Joyce Carman and Greg Kubert. Senator
Neuhauser.
Thirteen twelfth grade students from Southeast Webster Community
Schools, Burnside, accompanied by Jim Ainslie. Senator Halvorson.
SUBCOMMITTEE ASSIGNMENT
House Concurrent Resolution 28
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Maddox and Vilsack.
COMMITTEE REPORT
APPROPRIATIONS
Final Bill Action: HOUSE FILE 2421, a bill for an act relating to and
making appropriations to the state department of transportation
including allocation and use of moneys from the general fund, road use
tax fund, and primary road fund, making appropriations for capital
projects from the rebuild Iowa infrastructure fund, and relating to the
Iowa communications network, construction projects for the commission of
veterans affairs, county fairs, recreational trails, and nonreversion of
certain appropriations, and providing an effective date.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5700.
Final Vote: Ayes, 22: Murphy, Boswell, Banks, Bartz, Black, Borlaug,
Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak,
Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Nays, 2: Lind and Iverson. Absent or not voting, 1: Bisignano.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2488, a bill for an act relating to
special census certification and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
2458 passed the Senate on April 10, 1996.
ROBERT E. DVORSKY
AMENDMENTS FILED
S-5700 H.F. 2421 Appropriations
S-5701 H.F. 428 Jim Lind
S-5702 S.F. 2399 House amendment
S-5703 S.F. 2442 Jim Lind
S-5704 H.F. 2427 Johnie Hammond
S-5705 H.F. 2427 Johnie Hammond
Derryl McLaren
S-5706 S.F. 2457 Tom Flynn
S-5707 S.F. 2256 House amendment
S-5708 S.F. 2300 House amendment
S-5709 S.F. 2466 Mike Connolly
AFTERNOON SESSION
The Senate reconvened at 2:35 p.m., President pro tempore Bisignano
presiding.
QUORUM CALL
Senator Judge requested a non record roll call to determine that a
quorum was present.
The vote revealed 41 present, 9 absent and a quorum present.
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 10, 1996, passed the following bills in which the
concurrence of the House was asked:
Senate File 2211, a bill for an act relating to fingerprinting
requirements for certain public offenses.
Senate File 2344, a bill for an act relating to child support
enforcement.
Senate File 2359, a bill for an act relating to the source of
payment of the fee and expenses of a county medical examiner related to
services provided for a person whose death affects the public interest.
Senate File 2368, a bill for an act providing for the regulation
of investment securities under Article 8 of the Uniform Commercial Code,
and providing conforming changes, and an effective date.
ALSO: That the House has on April 10, 1996, amended and passed the
following bills in which the concurrence of the Senate is asked:
Senate File 2256, a bill for an act relating to possession or
control of alcohol by persons aged eighteen, nineteen, and twenty, and
providing a penalty (S-5707).
Senate File 2300, a bill for an act relating to the willful
destruction of E911 addressing signs and providing a penalty (S-5708).
ALSO: That the House has on April 10, 1996, refused to concur in
the Senate amendment to the House amendment to the following bill in
which the concurrence of the House was asked:
Senate File 259, a bill for an act relating to the practice of
mortuary science, cremation, and licensing of funeral establishments and
providing penalties.
ALSO: That the House has on April 10, 1996, concurred in the Senate
amendment and passed the following bills in which the concurrence of the
House was asked:
House File 334, a bill for an act relating to the hearing and
election provisions of the instructional support program of school
districts.
House File 2144, a bill for an act relating to the payment by
third parties of physician assistants and advanced registered nurse
practitioners.
INTRODUCTION OF BILL
Senate File 2467, by committee on Ways and Means, a bill for an
act increasing the nonpublic school tax credit and eliminating the
nonpublic school tax deduction for amounts paid for tuition and
textbooks for nonpublic elementary and secondary schools under the state
individual income tax and providing effective and applicability date
provisions.
Read first time and placed on Ways and Means Calendar.
MOTION TO RECONSIDER WITHDRAWN
House File 570
Senator Hansen withdrew the motion to reconsider House File 570, a
bill for an act relating to funding for the name of the national center
for talented and gifted education and making an appropriation, filed by
him on March 26, 1996, and found on page 1047 of the Senate Journal.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Husak asked and received unanimous consent to take up for
consideration House File 569.
House File 569
On motion of Senator Szymoniak, House File 569, a bill for an act
relating to the motor vehicle leasing tax and providing an applicability
provision, with report of committee recommending amendment and passage,
was taken up for consideration.
Senator Szymoniak offered amendment S-5699 filed by the committee
on Ways and Means on April 9, 1996, to page 3 of the bill and moved its
adoption.
Amendment S-5699 was adopted by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Banks until he returns on request of Senator Rife.
BUSINESS PENDING
House File 569
The Senate resumed consideration of House File 569.
Senator Szymoniak 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. 569) the vote was:
Ayes, 47:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 1:
Hammond
Voting present, 1:
McKean
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.
MOTION TO RECONSIDER ADOPTED
Senator Hansen called up the following motion to reconsider filed
by him from the floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which House File
2458 passed the Senate on April 10, 1996.
On the question Shall the motion to reconsider be adopted? (H.F.
2458) the vote was:
Ayes, 46:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Hammond Hansen Hedge
Horn Husak Iverson Jensen
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Zieman
Nays, none.
Absent or not voting, 4:
Halvorson Judge Murphy Vilsack
The motion prevailed.
Senator Hansen moved to reconsider the vote by which House File
2458 went to its last reading, which motion prevailed by a voice vote.
House File 2458
On motion of Senator Hansen, House File 2458, a bill for an act
relating to the right to appointed counsel or a public defender, by
relating to the eligibility for certain indigents, the recovery of
defense costs, and by restricting the right to counsel for certain
parents in child in need of assistance cases, was taken up for
reconsideration.
Senator Hansen offered amendment S-5711 filed by him from the floor
to pages 4 and 5 of the bill and moved its adoption.
Amendment S-5711 was adopted by a voice vote.
Senator Dvorsky offered amendment S-5712 filed by Senators Dvorsky
and Giannetto from the floor to page 5 of the bill and moved its
adoption.
Amendment S-5712 was adopted by a voice vote.
Senator Hansen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2458) 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.
The motion to reconsider House File 2458 filed by Senator Dvorsky
on April 10, 1996, and found on page 1304 of the Senate Journal was out
of order.
MOTION TO RECONSIDER WITHDRAWN
House File 2061
Senator Murphy withdrew the motion to reconsider House File 2061, a
bill for an act relating to the immunity from civil liability for health
care peer review committee members, filed by him on March 25, 1996, and
found on page 1026 of the Senate Journal.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
569 and 2458 be immediately messaged to the House.
The Senate stood at ease at 3:15 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 5:35 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 43 present, 7 absent and a quorum present.
CONFIRMATION OF GOVERNORS APPOINTMENTS
(Individual Confirmation Calendar)
Senator Neuhauser called up the appointment of Roger L. Lande as a
member of the State Board of Regents, placed on the Individual
Confirmation Calendar on March 27, 1996, and found on page 1105 of the
Senate Journal.
Senator Neuhauser moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 49:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake 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:
Dvorsky
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Dvorsky called up the appointment of Richard H. Opie as
Chair of the Iowa Telecommunications and Technology Commission, placed
on the Individual Confirmation Calendar on March 27, 1996, and found on
page 1103 of the Senate Journal.
Senator Dvorsky moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? 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 appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Lind called up the appointment of Jill M. Robinson as a
member of the Board for the Licensing and Regulation of Hearing Aid
Dealers, placed on the Individual Confirmation Calendar on April 1,
1996, and found on page 1167 of the Senate Journal.
Senator Lind moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 46:
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
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Rensink
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 4:
Lind McLaren Redfern Rife
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Halvorson called up the appointment of Ruth A. Ohde as a
member of the Board of Mortuary Science Examiners, placed on the
Individual Confirmation Calendar on April 1, 1996, and found on page
1167 of the Senate Journal.
Senator Halvorson moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? 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 appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Dearden called up the appointment of David D. Knock as a
member of the Public Employment Relations Board, placed on the
Individual Confirmation Calendar on March 25, 1996, and found on page
1027 of the Senate Journal.
Senator Dearden moved that the foregoing appointment be confirmed
by the Senate.
On the question Shall the appointee be confirmed? 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 appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Maddox called up the appointment of M. Sue Warner as a
member of the Public Employees Relations Board, placed on the Individual
Confirmation Calendar on March 25, 1996, and found on page 1027 of the
Senate Journal.
Senator Maddox moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? 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 appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
INTRODUCTION OF RESOLUTION
Senate Resolution 113, by committee on Rules and Administration, a
senate resolution relating to daily operations of the Senate.
Read first time and placed on calendar.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 113 (LSB 0026), a senate resolution
relating to daily operations of the Senate.
Recommendation: DO PASS.
Final Vote: Ayes, 5: Horn, Boswell, Bisignano, Gettings and Gronstal.
Nays, 2: Kramer and Lind. Pass, 1: Rife. Absent or not voting, 1: Husak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 113.
Senate Resolution 113
On motion of Senator Bisignano, Senate Resolution 113, a senate
resolution relating to daily operations of the Senate, was taken up for
consideration.
Senator Bisignano moved the adoption of Senate Resolution 113,
which motion prevailed by a voice vote.
CONSIDERATION OF GOVERNORS APPOINTMENT
(Individual Confirmation Calendar)
Senator Horn called up the appointment of Jacquelyne I. Allen as a
member of the State Racing and Gaming Commission, placed on the
Individual Confirmation Calendar on April 1, 1996, and found on page
1170 of the Senate Journal.
Senator Lind asked unanimous consent that action on the
confirmation of Jacquelyne I. Allen be deferred.
The Senate stood at ease at 6:03 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 6:04 p.m., President Boswell
presiding.
APPENDIX
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 4, 1996, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILE 2219 - Relating to the midwest interstate compact on
low-level radioactive waste and establishing a penalty.
SENATE FILE 2235 - Relating to the use of alternative licensing for
nursing facilities and providing for a contingent effective date.
SENATE FILE 2282 - Relating to the requirement of notifying a
consumer of a change in the terms of an open-enbd credit agreement.
SENATE FILE 2423 - Prohibiting a person from soliciting another
person to arrange a sex act with a child and making a penalty
applicable.
ALSO: That on April 10, 1996, the Governor approved and transmitted
to the Secretary of State the following bills:
SENATE FILE 2062 - Relating to statutory corrections which may
adjust language to reflect current practices, insert earlier omissions,
delete redundancies and inaccuracies, delete temporary language, resolve
inconsistencies and conflicts, update ongoing provisions, or remove
ambiguities, and providing effective and retroactive applicability
dates.
SENATE FILE 2063 - 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, the state hospital-schools, the state training
school, and the Iowa juvenile home, providing for properly related
matters, and making appropriations.
SNEATE FILE 2074 - Relating to the dates on which city hospital or
health care facility trustees take and depart from office.
SENATE FILE 2260 - Relating to soil and water conservation, by
providing for the powers and duties of commissioners of soil and water
conservation districts, and soil and water conservation proactices.
SENATE FILE 2307 - Relating to programs available to persons with
disabilities which are administered by the department of human services.
SENATE FILE 2352 - Providing that the sheriff may charge for room
and board provided to county prisoners and providing for the creation
and filing of a room and board reimbursement lien.
SENATE FILE 2387 - 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.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-four ninth grade students from Oelwein High School, Oelwein,
accompanied by Mitch Murphy and Steve Pike. Senator Murphy.
Twenty-three ninth grade students from Essex Junior-Senior High
School, Essex, accompanied by Dan Cox. Senator Boswell.
Forty-seven eighth grade students from Odebolt-Arthur Middle
School, Arthur, accompanied by Steve Walsh. Senator Bennett.
The following visitors were present in Senate gallery:
Seventy-five third and fifth grade students from Avoca Elementary
School, Avoca, accompanied by Sandy Burmeister, Willie Olesen, Loretta
Harder and Pat Rock. Senator Boettger.
SUBCOMMITTEE ASSIGNMENT
Senate Concurrent Resolution 118
EDUCATION: Szymoniak, Chair; Deluhery and Rensink
COMMITTEE REPORTS
EDUCATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 118, 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.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Connolly, Redfern, Deluhery, Fink, Murphy,
Rensink, Szymoniak and Tinsman. Nays, none. Absent or not voting, 7:
Kibbie, Dvorsky, Hammond, Iverson, Kramer, Lind and Neuhauser.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Giannetto, Vilsack, Bartz, Bisignano, Boettger,
Drake, Fraise, Halvorson and Maddox. Nays, 4: Hammond, Hansen, Neuhauser
and Szymoniak. Absent or not voting, 2: McKean and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: SENATE FILE 2467 (SSB 2355), a bill for an act
increasing the nonpublic school tax credit and eliminating the nonpublic
school tax deduction for amounts paid for tuition and textbooks for
nonpublic elementary and secondary schools under the state individual
income tax and providing effective and applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Connolly, Deluhery,
Freeman, Hedge, Iverson, McLaren, Priebe, Szymoniak and Vilsack. Nays,
2: Drake and Neuhauser. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2423, a bill for an act relating to the
taxation of real property used in the operation of a racetrack or
racetrack enclosure.
Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5710.
Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5710 H.F. 2423 Ways and Means
S-5711 H.F. 2458 Steven D. Hansen
S-5712 H.F. 2458 Robert Dvorsky
Randal J. Giannetto
S-5713 H.F. 2421 Don E. Gettings
S-5714 S.F. 2442 Johnie Hammond
S-5715 H.F. 2421 Randal J. Giannetto
Richard F. Drake
Don E. Gettings
S-5716 H.F. 2491 Jim Lind
S-5717 H.F. 2423 Mike Connolly
Berl E. Priebe
S-5718 H.F. 2050 Randal J. Giannetto
Larry Murphy
Elaine Szymoniak
Mary E. Kramer
Merlin E. Bartz
S-5719 H.F. 2421 Steven D. Hansen
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:05 p.m., until
9:00 a.m., Thursday, April 11, 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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