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NINETY-FIFTH CALENDAR DAY
FIFTY-SIXTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, April 11, 1996
The Senate met in regular session at 9:14 a.m., President pro
tempore Bisignano presiding.
Prayer was offered by Candy Boucher, Catholic Campus Minister for
Drake University, Des Moines, Iowa, who sang Amazing Grace.
The Journal of Wednesday, April 10, 1996, was approved.
INTRODUCTION OF RESOLUTION
Senate Resolution 114, by committee on Rules and Administration, a
senate resolution honoring Iowa State University track and field
coordinator and former head mens cross country coach Bill Bergan on his
retirement.
Read first time and placed on calendar.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Concurrent Resolution 118.
Senate Concurrent Resolution 118
On motion of Senator Szymoniak, 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, with report of committee recommending
passage, was taken up for consideration.
Senator Szymoniak moved the adoption of Senate Concurrent
Resolution 118, which motion prevailed by a voice vote.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 2488.
House File 2488
On motion of Senator Szymoniak, House File 2488, a bill for an act
relating to special census certification and providing an effective
date, with report of committee recommending passage, was taken up for
consideration.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Fraise and Murphy until they arrive on request of Senator
Sorensen.
BUSINESS PENDING
House File 2488
The Senate resumed consideration of House File 2488.
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. 2488) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Fraise Murphy
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
SENATE RECEDES
Senate File 259
Senator Sorensen called up for consideration Senate File 259, a
bill for an act relating to the practice of mortuary science, cremation,
and licensing of funeral establishments and providing penalties, amended
by the House, further amended by the Senate and moved that the Senate
recede from its amendment.
The motion prevailed by a voice vote and the Senate receded from
its amendment.
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? (S.F. 259) the vote was:
Ayes, 45:
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 McLaren Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack
Nays, 4:
Banks Bartz McKean Zieman
Absent or not voting, 1:
Murphy
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2390
Senator Judge called up for consideration House File 2390, a bill
for an act providing for the branding of livestock, amended by the
Senate and moved that the Senate recede from its amendment.
The motion prevailed by a voice vote and the Senate receded from
its amendment.
Senator Judge moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2390) 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 Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Murphy
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS CALENDAR
House File 230
On motion of Senator Gronstal, House File 230, a bill for an act
relating to procedural requirements for the enforcement of certain
copyrights, and providing for penalties, with report of committee
without recommendation, and placed on the Unfinished Business Calendar
on March 28, 1996, was taken up for consideration.
Senator Gronstal offered amendment S-5670 filed by him on April 3,
1996, to strike everything after the enacting clause and to the title
page of the bill.
Senator Gronstal offered amendment S-5686 filed by him on April 8,
1996, to amendment S-5670 and moved its adoption.
Amendment S-5686 was adopted by a voice vote.
Senator Gronstal moved the adoption of amendment S-5670 as amended,
which motion prevailed by a voice vote.
With the adoption of amendment S-5670 as amended, the Chair ruled
amendment S-5392 filed by Senator Bartz on March 19, 1996, to pages 3
and 4 of the bill, out of order.
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. 230) 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 Rife
Rittmer Szymoniak Tinsman Vilsack
Zieman
Nays, 1:
Sorensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 2422.
House File 2422
On motion of Senator Husak, 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, with report
of committee recommending passage, was taken up for consideration.
Senator Husak 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. 2422) 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.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 111, a senate resolution honoring
the Honorable Teng-Hui Lee, President of the Republic of China.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
Kramer and Lind. Nays, none. 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 111.
Senate Resolution 111
On motion of Senator Boswell, Senate Resolution 111, a senate
resolution honoring the Honorable Teng-Hui Lee, President of the
Republic of China, with report of committee recommending passage, was
taken up for consideration.
Senator Boswell moved the adoption of Senate Resolution 111, which
motion prevailed by a voice vote.
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:
Sonja L. Larsen as a member of the Agricultural Development
Authority.
Dr. Rick D. Wilkerson as a member of the Athletic Trainer Advisory
Board.
Kathryn D. Eilers as a member of the Board of Physical and
Occupational Therapy Examiners.
Nita L. Taggart as a member of the City Development Board.
Dr. Vennetta M. Fiedler as a member of the Commission of Elder
Affairs.
Brenda Kruse-McConville as a member of the Commission on the Deaf.
Dr. Beth K. Bruening and Bonnie J. Steege as members of the
Community Health Management Information System Governing Board.
Joan Y. Phillips as a member of the Iowa Economic Development
Board.
John B. Parks as a member of the Iowa Seed Capital Corporation.
Joan F. Vitale as a member of the Landscape Architectural Examining
Board.
L. Craig Harris and Thomas J. Kregel as members of the Real Estate
Appraiser Examining Board.
Marilyn J. Perkins as a member of the School Budget Review
Committee.
Susan J. Clouser as a member of the State Board of Education.
Senator Horn moved that the foregoing appointees 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.
CONFIRMATION OF GOVERNORS APPOINTMENTS
(Individual Confirmation Calendar)
The Senate resumed consideration of the appointment of Jacquelyne
I. Allen as a member of the State Racing and Gaming Commission, pending
on April 10, 1996.
Senator Lind moved that the foregoing appointment be confirmed by
the Senate.
On the question Shall the appointee be confirmed? the vote was:
Ayes, 44:
Banks Bennett Bisignano Black
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 Murphy Neuhauser Palmer
Priebe Redfern Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 6:
Bartz Boettger McKean McLaren
Rensink Rife
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
Senator Gronstal called up the appointment of Rita D. Sealock as a
member of the State Racing and Gaming Commission, placed on the
Individual Confirmation Calendar on April 3, 1996, and found on page
1240 of the Senate Journal.
Senator Gronstal 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 Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Iverson Jensen Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 4:
Boswell Gettings Giannetto Judge
The appointee having received a two-thirds vote was declared to
have been confirmed by the Senate.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
2488, 2422 and 2390 and Senate Concurrent Resolution 118 be immediately
messaged to the House, and to send an immediate message to the House on
Senate File 259.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 2467.
Senate File 2467
On motion of Senator Connolly, Senate File 2467, 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,
was taken up for consideration.
Senator Kramer asked and received unanimous consent that action on
Senate File 2467 be deferred.
UNFINISHED BUSINESS CALENDAR
House File 2050
On motion of Senator Szymoniak, House File 2050, a bill for an act
relating to selection criteria preferences in the placement of children
for adoption by or through the department of human services, with report
of committee recommending passage, and placed on the Unfinished Business
Calendar on March 28, 1996, was taken up for consideration.
Senator Giannetto offered amendment S-5718 filed by Senators
Giannetto, et al. , on April 10, 1996, to page 1 and the title page of
the bill and moved its adoption.
Amendment S-5718 was adopted by a voice vote.
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. 2050) 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, none.
Absent or not voting, 1:
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
SENATE RECEDES
Senate File 2085
Senator Fink called up for consideration Senate File 2085, a bill
for an act relating to handicapped parking and providing a penalty,
amended by the House, further amended by the Senate and moved that the
Senate recede from its amendment.
The motion prevailed by a voice vote and the Senate receded from
its amendment.
Senator Fink 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. 2085) 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, none.
Absent or not voting, 1:
Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 2419
Senator Connolly called up for consideration 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, amended by the Senate, further amended by the House
and moved that the Senate concur in House amendment S-5691 to Senate
amendment H-5756 filed April 9, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Connolly 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. 2419) 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.
HOUSE AMENDMENT CONSIDERED
Senate File 2114
Senator Fraise called up for consideration 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, amended by the
House in House amendment S-5690 filed April 9, 1996.
Senator McKean asked and received unanimous consent that action on
House amendment S-5690 and Senate File 2114 be deferred.
BUSINESS PENDING
Senate File 2467
The Senate resumed consideration of Senate File 2467, 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, previously deferred.
Senator Kramer withdrew amendment S-5722 filed by her from the
floor to page 1 of the bill.
Senator Connolly 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. 2467) the vote was:
Ayes, 41:
Banks Bartz Bennett Bisignano
Black Boettger Boswell Connolly
Deluhery Douglas Flynn Fraise
Freeman Gettings Giannetto Halvorson
Hansen Hedge Horn Husak
Iverson Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McKean Murphy Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 7:
Dearden Drake Dvorsky Fink
Gronstal Hammond Neuhauser
Absent or not voting, 2:
Borlaug McLaren
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
2050 and 2419 and Senate File 2467 be immediately messaged to the House,
and to send an immediate message to the House on Senate File 2085.
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 11, 1996, passed the following bills in which the
concurrence of the House was asked:
Senate File 2266, a bill for an act making transportation-related
Code changes including providing for a temporary registration permit,
increasing registration fees for certain trailers, and providing an
effective date.
Senate File 2385, a bill for an act relating to appointment and
election of state judicial nominating commissioners and providing
effective and applicability dates and transition provisions.
Senate File 2413, a bill for an act relating to judicial
administration, including the definition of a judicial officer, the
administrative authority of certain judges within a district, and the
retirement age of an associate juvenile judge and associate probate
judge.
Senate File 2422, a bill for an act removing the requirement that
a corporation which has adopted a corporate seal affix the seal to all
documents affecting real estate executed by the corporation.
ALSO: That the House has on April 11, 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 2154, a bill for an act increasing the penalties for
certain offenses involving methamphetamine.
ALSO: That the House has on April 11, 1996, concurred in the Senate
amendment and passed the following bills in which the concurrence of the
House was asked:
House File 2229, a bill for an act relating to the components of
the unemployment insurance system concerning the job service advisory
council, voluntary income tax withholding from unemployment benefits,
relieving certain employers from certain unemployment insurance charges,
employer contributions and liability for unemployment insurance benefits
regarding successor employers, definitions of employment and wages for
members of limited liability companies, and unemployment insurance tax
liability for corporate officers, and providing an effective and
applicability date.
House File 2259, a bill for an act relating to city sewer or water
utility connections.
House File 2448, a bill for an act relating to access to criminal
history and other records maintained by state agencies.
ALSO: That the House has on April 11, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2487, a bill for an act relating to the price index for
growth for purposes of the property tax limitation.
This bill was read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 11:10 a.m., until
2:30 p.m.
APPENDIX
PETITIONS
The following petitions were presented and placed on file by:
Senator Drake from 96 residents of Johnson County favoring
legislation protecting and strengthening Iowas laws on energy efficiency
and conservation.
Senator Dvorsky from 99 residents of Johnson, Linn and Iowa
Counties opposing legislation allowing boats with engines larger than 10
horsepower on Lake McBride.
REPORTS OF COMMITTEE MEETINGS
EDUCATION
Convened: April 10, 1996, 2:25 p.m.
Members Present: Connolly, Chair; Redfern, Ranking Member; Deluhery,
Fink, Murphy, Neuhauser, Rensink, Szymoniak and Tinsman.
Members Absent: Kibbie, Vice Chair; Dvorsky, Hammond, Iverson, Kramer,
Lind and Neuhauser (all excused).
Committee Business: Recommended passage of Senate Concurrent Resolution
118.
Adjourned: 2:26 p.m.
JUDICIARY
Convened: April 10, 1996, 2:00 p.m.
Members Present: Giannetto, Chair; Vilsack, Vice Chair; Bartz,
Bisignano, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Maddox,
Neuhauser and Szymoniak.
Members Absent: McKean, Ranking Member and Redfern (both excused).
Committee Business: Recommended passage of House Concurrent Resolution
28.
Adjourned: 2:08 p.m.
RULES AND ADMINISTRATION
Convened: April 10, 1996, 4:30 p.m.
Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
Bisignano, Gettings, Gronstal, Kramer and Lind.
Members Absent: Husak (excused).
Committee Business: Excused governors appointees Dr. Beth K. Bruening
and Dr. Rick D. Wilkerson from introduction before the Senate;
recommended passage of House Concurrent Resolutions 119, 123 and Senate
Resolution 111; approved Senate Resolution 112 as a committee
resolution; approved LSBs 4440, 4441, 4442, 4443 as committee
resolutions; approved committee resolution providing for the FY 97
Senate budget.
Adjourned: 4:55 p.m.
WAYS AND MEANS
Convened: April 10, 1996, 11:05 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 Busines: Recommended passage of House File 2423 as amended;
recommended passage of House Files 2422 and 2488; approved SSB 2355 as a
committee bill.
Adjourned: 11:36 a.m.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 119
RULES AND ADMINISTRATION: Horn, Chair; Husak and Rife
House File 2432
WAYS AND MEANS: Freeman, Chair; Neuhauser and Szymoniak
COMMITTEE REPORTS
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 114 (formerly Senate Resolution
112), a senate resolution honoring Iowa State University track and field
coordinator and former head mens cross country coach Bill Bergan on his
retirment.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 8: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
Kramer and Lind. Nays, none. Absent or not voting, 1: Husak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE CONCURRENT RESOLUTION 119, a concurrent
resolution expressing the sympathy of the Iowa General Assembly to the
family of Captain John R. Pitzen, United States Navy.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
Kramer and Lind. Nays, none. Absent or not voting, 1: Husak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE CONCURRENT RESOLUTION 123, a concurrent
resolution to approve and confirm the appointment of the citizens aide.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Horn, Boswell, Rife, Bisignano, Gettings, Gronstal,
Kramer and Lind. Nays, none. Absent or not voting, 1: Husak.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
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 bill has 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 11th day of April, 1996:
Senate Files 2410, 2101, 2186, 2159, 2287, 2348 and 2353.
JOHN F. DWYER Secretary of the Senate
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
230 passed the Senate on April 11, 1996.
ROBERT E. DVORSKY
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
X-L Specialized Trailers, Inc., Oelwein - For production of your
100th trailer. Senator Murphy (4-11-96).
Juanita Andersen and Project New Horizons - For outstanding work
and participation in the Main Street Program. Senator Borlaug (4-19-96).
AMENDMENTS FILED
S-5720 S.F. 2114 Michael E. Gronstal
S-5721 S.F. 2114 Michael E. Gronstal
S-5722 S.F. 2467 Mary Kramer
S-5723 H.F. 2201 Michael E. Gronstal
S-5724 S.F. 2370 Michael E. Gronstal
Tom Flynn
Patrick J. Deluhery
S-5725 H.F. 2421 Jack Rife
AFTERNOON SESSION
The Senate reconvened at 2:53 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 49 present, 1 absent and a quorum present.
UNFINISHED BUSINESS
(Deferred March 26, 1996)
House File 2201
The Senate resumed consideration of House File 2201, a bill for an
act relating to defining the practice of dentistry, deferred March 26,
1996.
Senator Gronstal withdrew amendment S-5723 filed by him from the
floor to page 1 of the bill.
Senator Gronstal offered amendment S-5726 filed by him from the
floor to page 1 of the bill and moved its adoption.
Amendment S-5726 was adopted by a voice vote.
Senator Gronstal moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 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 was agreed to.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House Concurrent Resolutions 119 and 123.
House Concurrent Resolution 119
On motion of Senator Gettings, House Concurrent Resolution 119, a
concurrent resolution expressing the sympathy of the Iowa General
Assembly to the family of Captain John R. Pitzen, United States Navy,
with report of committee recommending passage, was taken up for
consideration.
Senator Gettings moved the adoption of House Concurrent Resolution
119, which motion prevailed by a voice vote.
House Concurrent Resolution 123
On motion of Senator Gronstal, House Concurrent Resolution 123, a
concurrent resolution to approve and confirm the appointment of the
citizens aide, with report of committee recommending passage, was taken
up for consideration.
Senator Gronstal moved the adoption of House Concurrent Resolution
123.
The resolution was declared to have received a constitutional
majority and to have been adopted by the Senate.
UNFINISHED BUSINESS
(Deferred April 9, 1996)
Senate File 2457
The Senate resumed consideration of 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, deferred April 9, 1996.
Senator Flynn offered amendment S-5706 filed by him on April 10,
1996, to pages 1 and 2 of the bill and moved its adoption.
Amendment S-5706 was adopted by a voice vote.
Senator Palmer moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (S.F. 2457) the vote was:
Ayes, 44:
Bisignano Black Boettger 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 Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Nays, 6:
Banks Bartz Bennett Borlaug
Lundby Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
HOUSE AMENDMENT CONSIDERED
Senate File 2300
Senator Neuhauser called up for consideration Senate File 2300, a
bill for an act relating to the willful destruction of E911 addressing
signs and providing a penalty, amended by the House in House amendment
S-5708 filed April 10, 1996.
Senator Flynn offered amendment S-5727 filed by Senators Flynn and
Connolly from the floor to House amendment S-5708 and moved its
adoption.
Amendment S-5727 was adopted by a voice vote.
Senator Husak raised the point of order that House amendment S-5708
as amended was not germane.
Senator Husak withdrew his request for a ruling on germaneness.
Senator Neuhauser moved that the Senate concur in the House
amendment as amended.
A record roll call was requested.
On the question Shall the motion to concur be adopted? (S.F. 2300)
the vote was:
Ayes, 8:
Bennett Connolly Flynn Halvorson
Hedge Jensen Redfern Zieman
Nays, 42:
Banks Bartz Bisignano Black
Boettger Borlaug Boswell Dearden
Deluhery Douglas Drake Dvorsky
Fink Fraise Freeman Gettings
Giannetto Gronstal Hammond Hansen
Horn Husak Iverson Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack
The motion lost and the Senate refused to concur in the House
amendment as amended.
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 11, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2157, a bill for an act relating to the duties of the
college student aid commission in administering the Iowa guaranteed loan
program, creating a chiropractic loan revolving fund, and providing for
matters related to the chiropractic graduate student forgivable loan
program (S-5728).
ALSO: That the House has on April 11, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 569, a bill for an act relating to the motor vehicle
leasing tax and providing an applicability provision.
ALSO: That the House has on April 11, 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 570, a bill for an act relating to funding for and the
name of the national center for talented and gifted education and making
an appropriation (S-5729 to H-5920).
SENATE INSISTS
House File 2449
Senator Gronstal called up for consideration 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, amended by the Senate, and
moved that the Senate insist on its amendment.
The motion prevailed by a voice vote and the Senate insisted on its
amendment.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on House
File 2449 on the part of the Senate: Senators Gronstal, Chair;
Neuhauser, Fink, Drake and Rittmer.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
2201, Senate File 2457 and House Concurrent Resolutions 119 and 123 be
immediately messaged to the House.
BUSINESS PENDING
Senate File 2114
The Senate resumed consideration of 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, and House amendment S-5690,
previously deferred.
Senator Gronstal withdrew amendments S-5720 and S-5721 filed by him
from the floor to House amendment S-5690.
Senator Fraise moved that the Senate concur in the House amendment.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Fraise 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. 2114) 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.
BILL ASSIGNED TO COMMITTEE
President Boswell announced the assignment of House File 2487 to
the committee on Ways and Means.
UNFINISHED BUSINESS
(Deferred March 28, 1996)
Senate File 2370
The Senate resumed consideration of Senate File 2370, a bill for an
act relating to energy efficiency programs, electric and gas public
utility energy efficiency mandates, and the Iowa energy center and the
center for global and regional environmental research, deferred March
28, 1996.
Senator Gronstal offered amendment S-5724 filed by Senators
Gronstal, Flynn and Deluhery from the floor to pages 2, 7 and the title
page of the bill.
Senator Lundby asked and received unanimous consent that action on
amendment S-5724 and Senate File 2370 be deferred.
SPECIAL GUESTS
Senator Horn presented Iowa State University basketball coach Tim
Floyd, who address the Senate with brief remarks and expressed his
pleasure with his team and the university. Coach Floyd introduced the
team members and support staff present with him in the Senate chambers.
The Cyclones ended the season with a 24-9 record and finished
second in the Big Eight Conference which earned them a trip to the NCAA
tournament.
The Senate rose to express its welcome and appreciation for all the
hard work done by the team.
HOUSE AMENDMENT CONSIDERED
Senate File 2442
Senator Hammond called up for consideration Senate File 2442, a
bill for an act relating to appropriations for the department of human
services and the prevention of disabilities policy council and including
other provisions and appropriations involving human services and health
care and providing for effective and applicability dates, amended by the
House in House amendment S-5550 filed March 27, 1996.
Senator Hammond offered amendment S-5733 filed by Senators Hammond
and Murphy from the floor to House amendment S-5550.
Senator Bisignano raised the point of order that amendment S-5733
to House amendment S-5550 was not germane.
The Chair ruled the point well taken and amendment S-5733 out of
order.
Senator Hammond offered amendment S-5714 filed by her on April 10,
1996, to House amendment S-5550.
Senator Bisignano called for a division of amendment S-5714 to
House amendment S-5550:
Division S-5714A: page 1, lines 4-7 and 27-50; pages 2, 3 and 4;
and page 5, lines 35-50; pages 6-16 and page 17, lines 1-8.
Division S-5714B: page 1, lines 8-26 and page 5 lines 1-34.
Senator Lind called for a further division of amendment S-5714 to
House amendment S-5550:
Page 1: lines 4-6 as division S-5714A; line 7 as 5714C; lines 27-41
as S-5714D; lines 42-44 as S-5714E; lines 45-47 as S-5714F; lines 48-50
as S-5714G.
Page 2, line 1 as S-5714G; lines 2-18 as S-5714H; lines 19-21 as
S-5714I; lines 22-24 as S-5714J; lines 25-29 as S-5714K; lines 30-32 as
S-5714L; lines 33-35 as S-5714M; lines 36-43 as S-5714N; lines 44 and 45
as S-5714O; lines 46-50 as S-5714P.
Page 3, lines 1-24 as S-5714Q; lines 25-29 as S-5714R; lines 30 and
31 as S-5714S; lines 32 and 33 as S-5714T; lines 34-36 as S-5714U; lines
37-50 as S-5714V.
Page 4, lines 1-18 as S-5714V; line 19 as S-5714W; lines 20-26 as
S-5714X; lines 27-31 as S-5714Y; line 32 as S-5714Z; lines 33-45 as
division S-5714AA; lines 46-50 as S-5714BB.
Senator Horn asked and received unanimous consent that action on
amendment S-5714 to House amendment S-5550, House amendment S-5550 and
Senate File 2442 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
2114 be immediately messaged to the House.
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 11, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2453, a bill for an act relating to boilers and
unfired steam pressure vessels by providing for the inspection of
certain unfired steam pressure vessels, the procedure for adopting
rules, and providing an effective date.
ALSO: That the House has on April 11, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
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.
ALSO: That the House has on April 11, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2494, a bill for an act authorizing counties to impose
additional civil court fees for use for county courthouse libraries and
providing an effective date.
This bill was read first time and passed on file.
AMENDMENTS FILED
S-5726 H.F. 2201 Michael E. Gronstal
S-5727 S.F. 2300 Tom Flynn
Mike Connolly
S-5728 S.F. 2157 House amendment
S-5729 H.F. 570 House amendment
S-5730 S.F. 2370 Michael E. Gronstal
S-5731 S.F. 2370 Bill Fink
S-5732 S.F. 2463 Donald B. Redfern
S-5733 S.F. 2442 Johnie Hammond
Larry Murphy
S-5734 H.F. 560 Berl E. Priebe
John P. Kibbie
Emil J. Husak
Merlin E. Bartz
S-5735 S.F. 2370 Bill Fink
S-5736 H.F. 2421 Mike Connolly
John W. Jensen
Tom Flynn
Emil J. Husak
Larry Murphy
S-5737 H.F. 2421 Brad Banks
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:55 p.m., until
9:30 a.m., Friday, April 12, 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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