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ONE HUNDRED FIRST CALENDAR DAY
SIXTIETH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, April 17, 1996
The Senate met in regular session at 10:45 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Douglas Swarthout, pastor of the
Bennezette Wesleyan Methodist Church, Bristow, Iowa.
The Journal of Tuesday, April 16, 1996, was approved.
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 17, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2321, a bill for an act relating to the
nonconfidentiality of information regarding the qualifications of
interpreters for the deaf services division of the department of human
rights.
ALSO: That the House has on April 17, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 230, a bill for an act relating to procedural
requirements for the enforcement of certain copyrights.
INTRODUCTION OF RESOLUTION
Senate Resolution 120, by Kibbie, Husak, Priebe, Giannetto,
Boswell, Jensen, Iverson, and Drake, a senate resolution urging the
Commission of Veterans Affairs to provide for the establishment of a
state veterans cemetery in central Iowa.
Read first time and passed on file.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Concurrent Resolution 124 and House Concurrent
Resolution 110.
Senate Concurrent Resolution 124
On motion of Senator Dvorsky, Senate Concurrent Resolution 124, a
concurrent resolution honoring Ms. Jorie Graham, the 1996 Pulitizer
Prize winner in the field of poetry, was taken up for consideration.
Senator Dvorsky moved the adoption of Senate Concurrent Resolution
124, which motion prevailed by a voice vote.
House Concurrent Resolution 110
On motion of Senator Dearden, House Concurrent Resolution 110, a
concurrent resolution requesting the State Department of Transportation
to establish a scenic route designation, with report of committee
recommending passage, was taken up for consideration.
Senator Giannetto offered amendment S-5801 filed by him on April
16, 1996, to pages 1 and 2 of the resolution and moved its adoption.
Amendment S-5801 was adopted by a voice vote.
Senator Dearden moved the adoption of House Concurrent Resolution
110 as amended, which motion prevailed by a voice vote.
HOUSE AMENDMENTS CONSIDERED
Senate File 2301
Senator Dvorsky called up for consideration Senate File 2301, a
bill for an act relating to lead abatement and inspection, training and
certification requirements, and providing penalties, amended by the
House, and moved that the Senate concur in House amendment S-5789 filed
April 16, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Dvorsky 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. 2301) the vote was:
Ayes, 36:
Bisignano Black Borlaug Boswell
Connolly Dearden Deluhery Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Jensen Judge Kibbie Kramer
Maddox McKean Murphy Neuhauser
Palmer Priebe Redfern Rittmer
Sorensen Szymoniak Tinsman Vilsack
Nays, 14:
Banks Bartz Bennett Boettger
Douglas Drake Hedge Iverson
Lind Lundby McLaren Rensink
Rife Zieman
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 2168
Senator Deluhery called up for consideration Senate File 2168, a
bill for an act updating the Iowa Code references to the Internal
Revenue Code and providing a retroactive applicability date and an
effective date, amended by the House, and moved that the Senate concur
in House amendment S-5769 filed on April 15, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Deluhery 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. 2168) 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.
Senate File 2298
Senator Vilsack called up for consideration Senate File 2298, a
bill for an act relating to the awarding of costs to a prevailing
taxpayer in a proceeding against the department of revenue and finance
under the state tax procedures and practices Act and providing an
effective date, amended by the House, and moved that the Senate concur
in House amendment S-5744 filed April 12, 1996.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment.
Senate File 2207
Senator Szymoniak called up for consideration Senate File 2207, a
bill for an act relating to excuse from jury service and the
reimbursement of jurors and witnesses for transportation and mileage
expenses, amended by the House, and moved that the Senate concur in
House amendment S-5788 filed April 12, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Szymoniak moved that the bill as amended by the House and
concurred in by the Senate, be read the last time now and placed upon
its passage, which motion prevailed by a voice vote and the bill was
read the last time.
On the question Shall the bill pass? (S.F. 2207) 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.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senate File 2463
On motion of Senator Connolly, Senate File 2463, a bill for an act
relating to estate issues by modifying certain exemptions and tax rates
for inheritance taxes, the jurisdiction of the probate court on certain
testamentary trusts, fees payable on certain trusts, claims against
estates for medical assistance payments, registration of securities in a
transfer-on-death form, and including an applicability provision, was
taken up for consideration.
Senator Bennett asked and received unanimous consent that action on
amendment S-5694 filed by him on April 9, 1996, be deferred.
Senator Bennett offered amendment S-5695 filed by him on April 9,
1996, to pages 3 and 13 of the bill.
Senator Connolly asked and received unanimous consent that action
on amendment S-5695 and Senate File 2463 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House
Concurrent Resolution 110, Senate Concurrent Resolution 124, and Senate
File 2298 be immediately messaged to the House and to send an immediate
message to the House on Senate Files 2301, 2168 and 2207.
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 17, 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 2497, a bill for an act relating to the compensation
and benefits for public officials and employees and making
appropriations (S-5808 to H-5976).
ALSO: That the members of the Conference Committee, appointed April
17, 1996, on 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, on the part of
the House are: The Representative from Scott, Mr. Millage, Chair; the
Representative from Clinton, Mr. Bradley; the Representative from
Muscatine, Mr. Brauns; the Representative from Des Moines, Mr. Cohoon;
the Representative from Woodbury, Mr. Warnstadt.
ALSO: That the House has on April 17, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2499, a bill for an act relating to definitions,
reporting, and remittance guidelines concerning the disposition of
unclaimed property.
This bill was read first time and passed on file.
RECESS
On motion of Senator Horn, the Senate recessed at 11:50 a.m., until
2:30 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: April 16, 1996, 10:53 a.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise,
Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer,
McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: Bisignano (excused).
Committee Business: Recommended passage of House File 2497 as amended.
Recessed: 11:30 a.m.
Reconvened: April 16, 1996, 5:35 p.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Bartz, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise,
Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, McLaren,
Neuhauser, Rensink and Vilsack.
Members Absent: Banks, Bisignano, Kramer and Tinsman (all excused).
Committee Business: Recommended passage of House File 2486 as amended.
Adjourned: 6:00 p.m.
EDUCATION
Convened: April 16, 1996, 2:23 p.m.
Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
Member; Dvorsky, Fink, Kramer, Lind, Neuhauser, Rensink, Szymoniak and
Tinsman.
Members Absent: Deluhery, Hammond, Iverson and Murphy (all excused).
Committee Business: Approved Senate Concurrent Resolutions 120, 121 and
122 and ordered redrafted as committee bills.
Adjourned: 2:34 p.m.
NATURAL RESOURCES, ENVIRONMENT AND ENERGY
Convened: April 16, 1996, 11:34 a.m.
Members Present: Fink, Chair; Black, Vice Chair; Lundby, Ranking Member;
Borlaug, Dearden, Hedge, Judge, Kibbie and Rensink.
Members Absent: Banks, Deluhery, Freeman, Gronstal, Priebe (excused) and
Sorensen.
Committee Business: Recommended passage of House Concurrent Resolution
110.
Adjourned: 11:38 a.m.
WAYS AND MEANS
Convened: April 16, 1996, 1:35 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: none.
Committee Business: Assigned bills to subcommittees; approved SSB 2358
as a committee bill; recommended passage of House File 2491 and Senate
File 2285 as amended; recommended passage of House File 2432.
Adjourned: 2:12 p.m.
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 2154)
A conference committee report signed by the following Senate and
House members was filed April 17, 1996, on Senate File 2154, a bill for
an act increasing the penalties for certain offenses involving
methamphetamine, respectfully make the following report:
On the Part of the Senate: On the Part of the House:
TONY BISIGNANO, Chair KEN VEENSTRA, Chair
RANDAL J. GIANNETTO BRIAN COON
MARY NEUHAUSER DAN BODDICKER
O. GENE MADDOX MICHAEL MORELAND
LYLE E. ZIEMAN ROBERT J. OSTERHAUS
AMENDMENTS FILED
S-5805 S.F. 2463 Donald B. Redfern
S-5806 S.F. 2468 H. Kay Hedge
Wayne D. Bennett
S-5807 S.F. 2463 Tom Vilsack
S-5808 H.F. 2497 House amendment
S-5809 H.F. 2486 Johnie Hammond
Maggie Tinsman
S-5810 S.F. 2468 Tony Bisignano
S-5811 S.F. 2468 Tony Bisignano
AFTERNOON SESSION
The Senate reconvened at 3:18 p.m., Senator Priebe presiding.
QUORUM CALL
Senator Judge requested a non record roll call to determine that a
quorum was present.
The vote revealed 38 present, 12 absent and a quorum present.
CONFERENCE COMMITTEE REPORT ADOPTED
Senate File 2154
Senator Bisignano called up the conference committee report on
Senate File 2154, a bill for an act increasing the penalties for certain
offenses involving methamphetamine, filed on April 17, 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 Bisignano 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. 2154) 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.
President pro tempore Bisignano took the chair at 3:30 p.m.
President Boswell took the chair at 3:35 p.m.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 2486.
House File 2486
On motion of Senator Flynn, 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, with
report of committee recommending amendment and passage, was taken up for
consideration.
Senator Murphy offered amendment S-5804 filed by the committee on
Appropriations on April 16, 1996, to pages 11-14 and 24 of the bill.
Senator Murphy offered amendment S-5812 filed by him from the floor
to amendment S-5804.
Senator Murphy moved the adoption of amendment S-5812 to amendment
S-5804, which motion prevailed by a voice vote.
Senator McLaren called for a division of amendment S-5804 as
amended: Page 1, lines 3-13 and page 2, lines 22-39 as division S-5804A;
Page 1, lines 14-50 and page 2, lines 1-21 as division S-5804B.
Senator Murphy moved the adoption of division S-5804A, which motion
prevailed by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Redfern until he returns on request of Senator Lind.
BUSINESS PENDING
House File 2486
The Senate resumed consideration of House File 2486.
Senator Murphy moved the adoption of division S-5804B as amended.
A record roll call was requested.
On the question Shall division S-5804B as amended be adopted? (H.F.
2486) the vote was:
Ayes, 27:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hansen Horn
Husak Judge Kibbie Lundby
Murphy Neuhauser Palmer Priebe
Sorensen Szymoniak Vilsack
Nays, 23:
Banks Bartz Bennett Boettger
Borlaug Douglas Drake Freeman
Hammond Hedge Iverson Jensen
Kramer Lind Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Division S-5804B as amended was adopted.
Senator Hammond offered amendment S-5809 filed by Senators Hammond
and Tinsman from the floor to page 24 of the bill.
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 17, 1996, passed the following bills in which the
concurrence of the House was asked:
Senate File 2289, a bill for an act relating to the department of
corrections, including operating while intoxicated violator facilities,
reimbursement by parole violators, tort claims protection for certain
persons, and inmate accounts.
Senate File 2455, a bill for an act relating to the administration
of taxes; electronic filing of tax returns and payments; imposition of
the penalty for willfully filing a false claim for refund; low income,
elderly, and disabled property tax credit filing and certification
dates; computation of the real estate transfer tax; repeal of obsolete
property tax provision; and providing effective and retroactive
applicability dates.
ALSO: That the House has on April 17, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2496, a bill for an act relating to the financial and
regulatory procedures of counties, cities, and drainage districts, by
amending the powers and duties of county treasurers, by eliminating the
filing of late claims for property credits, by striking personal
property tax credits of military veterans, by striking outdated property
tax limitations, by amending tax sale procedures, by providing
delinquency dates for property taxes, by providing for health insurance
and benefits, by providing for properly related matters, and by
providing an applicability date and effective dates.
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.R. 120 State Government
H.F. 2499 Commerce
The Senate stood at ease at 4:23 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 4:59 p.m., President Boswell
presiding.
BUSINESS PENDING
House File 2486
The Senate resumed consideration of 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
and amendment S-5809 by Senators Hammond and Tinsman to page 24 of the
bill.
Senator Hammond moved the adoption of amendment S-5809, which
motion prevailed by a voice vote.
Senator Hammond withdrew the following motion to reconsider filed
by her from the floor:
MR. PRESIDENT: I move to reconsider the vote by which division
S-5804A to House File 2486 was adopted by the Senate on April 17, 1996.
Senator McLaren asked and received unanimous consent that action on
House File 2486 be deferred.
UNFINISHED BUSINESS
(Deferred April 9, 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, deferred April 9, 1996.
Senator Bennett called up the motion to reconsider the vote by
which amendment S-5514 as amended to House File 2234 was adopted by the
Senate on April 9, 1996, filed by him on April 15, 1996, found on page
1390 of the Senate Journal and moved its adoption.
The motion prevailed by a voice vote and amendment S-5514 by the
committee on Small Business, Economic Development and Tourism to page 1
of the bill, was taken up for reconsideration.
Senator Bennett called up the motion to reconsider the vote by
which amendment S-5698 to amendment S-5514 to House File 2234 was
adopted by the Senate on April 9, 1996, filed by him on April 15, 1996,
found on page 1390 of the Senate Journal and moved its adoption.
The motion prevailed by a voice vote and amendment S-5698 to
amendment S-5514 by Senator Bennett, was taken up for reconsideration.
Senator Bennett filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-5633 to amendment S-5514 to House File 2234 was adopted by the Senate
on April 8, 1996.
The motion prevailed by a voice vote and amendment S-5633 by
Senator Bennett to amendment S-5514 was taken up for reconsideration.
Senator Bennett asked and received unanimous consent that action on
amendment S-5698 to amendment S-5514 be deferred.
Senator Bennett offered amendment S-5786 filed by him from the
floor to amendment S-5514 and called for a division: Lines 3 and 4 as
division S-5786A and lines 5-17 as division S-5786B.
Senator Bennett withdrew division S-5786A to amendment S-5514.
Senator Vilsack asked and received unanimous consent that action on
division S-5786B to amendment S-5514, amendment S-5514 and House File
2234 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
2154 be immediately messaged to the House.
APPENDIX
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Katy James, Farragut - For being chosen as the next President of
Future Farmers of America. Senator McLaren (4-17-96).
Ross V. Vernon, Sioux Center - For serving 50 years on the Sioux
Center City Council. Senator Rensink (4-17-96).
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Twenty-two eighth grade students from MFL-MarMac School,
accompanied by Mr. Elliott, Mr. Whitney, Mr. Kornbeer and Mrs. Schlein.
Senator Zieman.
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 2449)
A conference committee report signed by the following Senate and
House members was filed April 17, 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; establishing a study of the property tax
system as the sole or major source of local funding and of alternate
sources of funding for school, city, and county services, the repayment
of bonds or other debt obligations, and capital improvements; and
providing effective and applicability date provisions, respectfully make
the following report:
On the Part of the Senate: On the Part of the House:
WILLIAM D. PALMER, Chair ROGER HALVORSON, Chair
WAYNE BENNETT BILL BERNAU
MARY LOU FREEMAN JOHN GREIG
EMIL J. HUSAK CHUCK LARSON
TOM VILSACK RICHARD MYERS
AMENDMENTS FILED
S-5812 H.F. 2486 Larry Murphy
S-5813 S.F. 2468 Tony Bisignano
S-5814 H.F. 2486 Derryl McLaren
Merlin E. Bartz
Jim Lind
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:17 p.m.,
uintil 10:30 a.m., Thursday, April 18, 1996.
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Iowa General Assembly
Index: Senate Journal (76th General Assembly: Session 2)
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