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ONE HUNDRED SIXTH CALENDAR DAY
SIXTY-SECOND SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, April 22, 1996
The Senate met in regular session at 2:02 p.m., President pro
tempore Bisignano presiding.
Prayer was offered by the Honorable Merlin E. Bartz, member of the
Senate from Worth County, Grafton, Iowa.
The Journal of Thursday, April 18, 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 18, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2195, a bill for an act relating to the Iowa
communications network by providing for state ownership of a Part III
connection and for the connection and support of certain Part III users,
making appropriations, and providing effective dates (S-5821).
ALSO: That the House has on April 22, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2480, a bill for an act relating to property taxation
of property given to the state or a political subdivision upon which a
life estate is retained.
This bill was read first time and passed on file.
ALSO: That the House has on April 22, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 2491, a bill for an act relating to the care and
maintenance of pioneer cemeteries and authorizing a tax levy.
QUORUM CALL
Senator Judge requested a non record roll call to determine that a
quorum was present.
The vote revealed 44 present, 6 absent and a quorum present.
Senator Hansen took the chair at 2:17 p.m.
President pro tempore Bisignano took the chair at 2:31 p.m.
President Boswell took the chair at 3:05 p.m.
RESOLUTIONS ASSIGNED TO COMMITTEE
The Chair announced the assignment of the following resolutions to
committee:
S.R. 121 State Government
H.C.R. 125 Agriculture
H.C.R. 129 Judiciary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McLaren until he arrives on request of Senator Rife.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration House File 2499.
House File 2499
On motion of Senator Flynn, House File 2499, a bill for an act
relating to definitions, reporting, and remittance guidelines concerning
the disposition of unclaimed property, with report of committee
recommending passage, was taken up for consideration.
Senator Flynn moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and the
bill was read the last time.
On the question Shall the bill pass? (H.F. 2499) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Drake McLaren
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 2370
Senator Gronstal called up for consideration Senate File 2370, a
bill for an act relating to energy efficiency and alternate energy
programs, electric and gas public utility energy efficiency mandates,
and the Iowa energy center and the center for global and regional
environmental research and requiring the location of a principal office
within the state and providing an effective date and providing an
applicability provision, amended by the House in House amendment S-5818
filed April 18, 1996.
The Senate stood at ease at 3:15 p.m. until the fall of the gavel
for the purpose of a caucus.
The Senate resumed session at 3:56 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2370
The Senate resumed consideration of Senate File 2370.
Senator Freeman offered amendment S-5826 filed by Senators Freeman,
et al., from the floor to House amendment S-5818.
Senator Freeman asked and received unanimous consent that action on
amendment S-5826 to House amendment S-5818 be deferred.
Senator Freeman offered amendment S-5825 filed by Senators Freeman,
et al., from the floor to House amendment S-5818 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5825 to House amendment S-5818 be
adopted? (S.F. 2370) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 25:
Bartz Bennett Black Borlaug
Boswell Connolly Dearden Fink
Flynn Fraise Freeman Halvorson
Hammond Hansen Husak Jensen
Kibbie Lundby McKean McLaren
Murphy Neuhauser Priebe Sorensen
Vilsack
Nays, 24:
Banks Bisignano Boettger Deluhery
Douglas Drake Dvorsky Gettings
Giannetto Gronstal Hedge Iverson
Judge Kramer Lind Maddox
Palmer Redfern Rensink Rife
Rittmer Szymoniak Tinsman Zieman
Absent or not voting, 1:
Horn
Amendment S-5825 was adopted.
With the adoption of amendment S-5825 to House amendment S-5818,
the Chair ruled the following amendments filed from the floor to House
amendment S-5818, out of order:
S-5824 filed by Senators Freeman, et al., and S-5823 filed by
Senators Fink, et al.
The Senate resumed consideration of amendment S-5826 by Senators
Freeman, et al., to House amendment S-5818.
Senator Gronstal asked and received unanimous consent that action
on amendment S-5826 to House amendment S-5818, House amendment S-5818
and Senate File 2370 be deferred.
UNFINISHED BUSINESS
(Deferred April 17, 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, amendment S-5514 by the committee on Small Business,
Economic Development and Tourism to page 1 of the bill, and division
S-5786B by Senator Bennett to amendment S-5514, deferred April 17, 1996
(amendment S-5633 to amendment S-5514 pending).
Senator Bennett moved the adoption of division S-5786B to amendment
S-5514, which motion prevailed by a voice vote.
Senator Priebe offered amendment S-5766 filed by Senators Priebe,
et al., on April 15, 1996, to amendment S-5514 and moved its adoption.
Amendment S-5766 was adopted by a voice vote.
With the adoption of division S-5786B to amendment S-5514, the
Chair ruled amendment S-5633 by Senator Bennett to amendment S-5514,
reconsidered and pending on April 17, 1996, and amendment S-5698 by
Senator Bennett to amendment S-5514, deferred on April 17, 1996, out of
order.
Senator Hansen moved the adoption of amendment S-5514 as amended,
which motion prevailed by a voice vote.
Senator Bennett 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. 2234) the vote was:
Ayes, 47:
Banks Bartz Bennett Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen 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, 3:
Bisignano Hedge McKean
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 File
2499 be immediately messaged to the House.
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 2446)
A conference committee report signed by the following Senate and
House members was filed April 22, 1996, on Senate File 2446, a bill for
an act relating to agriculture and natural resources, by providing for
appropriations, providing related statutory changes, and providing
effective dates:
On the Part of the Senate: On the Part of the House:
DENNIS H. BLACK, Chair JAMES HAHN, Chair
BRAD BANKS JACK DRAKE
DON E. GETTINGS SANDRA GREINER
CONFERENCE COMMITTEE REPORT ADOPTED
Senate File 2446
Senator Black called up the conference committee report on Senate
File 2446, a bill for an act relating to agriculture and natural
resources, by providing for appropriations, providing related statutory
changes, and providing effective dates, filed on April 22, 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 Black 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. 2446) the vote was:
Ayes, 42:
Banks Bartz Bennett Black
Boettger Borlaug Boswell Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hedge Horn Husak
Jensen Judge Kibbie Lind
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 8:
Bisignano Connolly Hansen Iverson
Kramer Lundby Maddox Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2446 be immediately messaged to the House.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 22, 1996, passed the following bill in which the
concurrence of the Senate is asked:
House File 2495, a bill for an act relating to the tax exemption
of active duty pay of national guard or armed forces military reserve
personnel for certain foreign service.
This bill was read first time and passed on file.
APPENDIX
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 2201, the following corrections were made:
1. Page 2, line 8, the words and numbers subsections 7, 8 and 18
were changed to the words and numbers subsections 7, 8, and 18.
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 bills have 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 19th day of April, 1996:
Senate Files 259, 2097, 2114, 2201, 2266, 2294, 2385, 2413, 2422
and 2453.
JOHN F. DWYER Secretary of the Senate
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 18, 1996, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILES 2012 - Relating to the conduct of raffles.
SENATE FILE 2071 - Creating an advisory commission on
intergovernmental relations, specifying its membership and its powers
and duties, providing for other properly related matters, and providing
an effective date.
SENATE FILE 2211 - Relating to fingerprinting requirements for
certain public offenses.
SENATE FILE 2305 - Relating to purchase money mortgages and
providing a retroactive applicability provision.
SENATE FILE 2344 - Relating to child support enforcement.
SENATE FILE 2359 - 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 - Providing for the regulation of investment
securities under article 8 of the uniform commercial code, and providing
conforming changes, and an effective date.
SENATE FILE 2396 - Adding certain residential security deposits and
prepaid rent to the list of exempt property which a debtor may claim.
SENATE FILE 2420 - Relating to juvenile justice, including the use
of deadly force by criminal street gangs, dispositional alternatives for
juveniles adjudicated delinquent, registering with the sex offender
registry, and associate juvenile judge jurisdiction.
CERTIFICATE OF RECOGNITION
The secretary of the senate issued the following certificte of
recognition:
Paul Hanson, Red Oak - For services as President of the Iowa Future
Farmers of America. Senator McLaren (4-18-96).
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
2234 passed the Senate on April 22, 1996.
TOM VILSACK
MR. PRESIDENT: I move to reconsider the vote by which amendment
S-5825 to Senate File 2370 was adopted by the Senate on April 22, 1996.
EMIL J. HUSAK
EXPLANATION OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
April 18, 1996, when the votes were taken on the following bills:
Had I been present, I would have voted nay on the motion to
reconsider amendment S-5814 to House File 2486 and aye on final passage
of House File 2486.
MAGGIE TINSMAN
AMENDMENTS FILED
S-5821 S.F. 2195 House amendment
S-5822 H.F. 2387 Michael E. Gronstal
S-5823 S.F. 2370 Bill Fink
Mary Lou Freeman
Mary A. Lundby
Dennis H. Black
S-5824 S.F. 2370 Mary Lou Freeman
Berl E. Priebe
Bill Fink
Dennis H. Black
Allen Borlaug
S-5825 S.F. 2370 Mary Lou Freeman
Berl E. Priebe
Bill Fink
Dennis H. Black
Allen Borlaug
S-5826 S.F. 2370 Mary Lou Freeman
Mary A. Lundby
Berl E. Priebe
Bill Fink
Dennis H. Black
Allen Borlaug
S-5827 S.F. 2399 Tony Bisignano
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:01 p.m., until
10:00 a.m. , Tuesday, April 23, 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
Comments? sjourn@legis.iowa.gov.
Last update: Tue Apr 23 13:30:22 CDT 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0422.html
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