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ONE HUNDRED SEVENTH CALENDAR DAY
SIXTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 23, 1996
The Senate met in regular session at 10:15 a.m., President pro
tempore Bisignano presiding.
Prayer was offered by the Reverend Robert J. Brown, pastor of the
Missionary Baptist Church, Carlisle, Iowa.
The Journal of Monday, April 22, 1996, was approved.
HOUSE MESSAGE RECEIVED
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, adopted the conference committee report and
passed 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.
Senator Hansen took the chair at 10:20 a.m.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 38 present, 12 absent and a quorum present.
HOUSE AMENDMENT CONSIDERED
Senate File 2399
Senator Szymoniak called up for consideration 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, amended by the House in House amendment S-5702 filed
April 10, 1996.
Senator Bisignano offered amendment S-5827 filed by him on April
22, 1996, to House amendment S-5702 and moved its adoption.
Amendment S-5827 was adopted by a voice vote.
Senator Szymoniak moved that the Senate concur in the House
amendment as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Connolly until he arrives on request of Senator Flynn and
Senators Banks and Kramer until they arrive on request of Senator Rife.
BUSINESS PENDING
Senate File 2399
The Senate resumed consideration of Senate File 2399.
Senator Szymoniak moved that the bill as amended by the House,
further amended 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. 2399) the vote was:
Ayes, 47:
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 Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 3:
Banks Connolly Kramer
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 10:45 a.m.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senate Resolution 119
Senator Rife asked and received unanimous consent to take up the
following resolution:
1 SENATE RESOLUTION 119 2 By: committee on Rules and
Administration 3 A Resolution honoring Senator Wayne Bennett for his 4
years of legislative service. 5 WHEREAS, Senator Wayne Bennett will
this year 6 complete his first term of office in the Senate and 7
twenty-four years of service to the state of Iowa as a 8 member of the
General Assembly; and 9 WHEREAS, Senator Bennett has served honorably
and 10 has unselfishly given of his time and efforts to fur- 11 ther the
interests of the state of Iowa and to provide 12 beneficial programs for
the citizens of Iowa; and 13 WHEREAS, it is proper that Senator
Bennett be 14 honored for his many years of service to the state of 15
Iowa; NOW THEREFORE, 16 BE IT RESOLVED BY THE SENATE, That the Senate
pay 17 tribute to Senator Bennett and express its gratitude 18 for the
service rendered by him; and 19 BE IT FURTHER RESOLVED, That the
Senate present to 20 Senator Bennett his Senate chair in appreciation
for 21 his service.
President Boswell took the chair at 10:50 a.m.
Senator Rife moved the adoption of Senate Resolution 119, which
motion prevailed by a voice vote.
Senators Rife and Hedge escorted Senator Bennett to the well of the
Senate and he was presented with an enrolled copy of Senate Resolution
119 and his Senate chair upon completion of the 1996 session.
Senator Bennett addressed the Senate with brief remarks.
The Senate rose and expressed its tribute to Senator Bennett.
UNFINISHED BUSINESS CALENDAR
House File 2387
On motion of Senator Gronstal House File 2387, a bill for an act
relating to the office of secretary of state and the conduct of
elections and voter registration in the state and relating to corrective
and technical changes to Iowas election laws, and providing 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 Gronstal offered amendment S-5822 filed by him on April 22,
1996, to pages 1, 7, 8, 10, 11, 22, 32, 33 and 40 of the bill.
Senator Rittmer called for a division of amendment S-5822:
Page 1, line 3 as division S-5822A; page 1, lines 6 and 7 as
division S-5822B; and page 1, lines 8-50, page 2 and page 3, lines 1-22
as division S-5822C.
President pro tempore Bisignano took the chair at 11:22 a.m.
BILLS ASSIGNED TO COMMITTEE
The Chair announced the assignment of the following bills to
committee:
H.F. 2480 Ways and Means
H.F. 2495 Ways and Means
BUSINESS PENDING
House File 2387
The Senate resumed consideration of House File 2387 and division
S-5822A.
Senator Gronstal moved the adoption of division S-5822A, which
motion lost by a voice vote.
Senator Gronstal moved the adoption of division S-5822B.
A non record roll call was requested.
The ayes were 24, nays 25.
Division S-5822B lost.
Senator Lind called for a further division of division S-5822C:
Page 2, lines 19-44 as division S-5822D.
Senator Gronstal moved the adoption of division S-5822C, which
motion prevailed by a voice vote.
Senator Lind raised the point of order that division S-5822D was
not germane to the bill.
The Chair ruled the point not well taken and division S-5822D in
order.
Senator Gronstal asked and received unanimous consent that action
on division S-5822D and House File 2387 be deferred.
RECESS
On motion of Senator Horn, the Senate recessed at 12:16 p.m., until
3:00 p.m.
APPENDIX
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 2301, the following correction was made:
1. Page 1, line 35, the period was removed after the number
135.105B.
JOHN F. DWYER Secretary of the Senate
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Ms. Jorie Graham - For distinction as the 1996 Pulitzer Prize
recipient for poetry. Senator Dvorsky (4-22-96).
Jeff Johnson, Iowa City - For providing internship services during
the 1996 legislative session. Senator Neuhauser (4-22-96).
REPORT OF COMMITTEE MEETING
COMMERCE
Convened: April 18, 1996, 2:20 p.m.
Members Present: Deluhery, Chair; Jensen, Ranking Member; Bartz,
Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge and Husak.
Members Absent: Hansen, Vice Chair; Bisignano, Palmer, Priebe and
Redfern (all excused).
Committee Business: Recommended passage of House File 2499.
Adjourned: 2:22 p.m.
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 23rd day of April, 1996:
Senate Files 2085, 2154, 2157, 2168, 2207, 2289, 2301, 2321, 2455
and 2467.
JOHN F. DWYER Secretary of the Senate
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 121
STATE GOVERNMENT: Gronstal, Chair; Drake and Kibbie
House File 2496
LOCAL GOVERNMENT: Judge, Chair; Sorensen and Zieman.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Thirty-five fifth grade students from Roosevelt Elementary School,
Waterloo, accompanied by Tracy Hahn, Dee Fantroy, Matt Hundley and Bev
Smith. Senators Lind and Redfern.
President Boswell introduced Georg and Thea Sofke and Bob and
Bettie Johnson, from Oxford, Germany, who were present in the Senate
chamber as his guests.
AMENDMENTS FILED
S-5828 S.F. 2245 House amendment
S-5829 S.F. 2195 Robert Dvorsky
Tom Flynn
Mary A. Lundby
S-5830 H.F. 2387 Bill Fink
AFTERNOON SESSION
The Senate reconvened at 3:15 p.m., Senator Banks presiding.
HOUSE MESSAGES RECEIVED
The following messages were received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on April 22, 1996, amended and passed the following bill in
which the concurrence of the Senate is asked:
Senate File 2245, a bill for an act relating to public retirement
systems, making appropriations, and providing effective and retroactive
applicability dates (S-5828).
ALSO: That the House has on April 23, 1996, refused to concur in
the Senate amendment to the following bill in which the concurrence of
the House was 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.
HOUSE AMENDMENTS CONSIDERED
Senate File 2351
Senator Vilsack called up for consideration Senate File 2351, a
bill for an act relating to department of economic development
programs, including the workforce development fund program and the Iowa
small business new jobs training Act, providing a supplemental new jobs
credit from withholding, establishing a rural microbusiness assistance
program, increasing the funds available for the value-added agricultural
products and processes program, making an annual allocation from an
appropriation, and establishing an effective date, amended by the House,
and moved that the Senate concur in House amendment S-5778 filed April
15, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Vilsack 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. 2351) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas 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, 3:
Connolly Drake Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senate File 2195
Senator Dvorsky called up for consideration 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, amended by the House in House amendment
S-5821 filed April 22, 1996.
Senator Dvorsky offered amendment S-5829 filed by Senators Dvorsky,
Flynn and Lundby from the floor to House amendment S-5821.
Senator Dvorsky offered amendment S-5832 filed by Senators Dvorsky,
McLaren and Lind from the floor to amendment S-5829 to House amendment
S-5821 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5832 to amendment S-5829 to House
amendment S-5821 be adopted? (S.F. 2195) the vote was:
Ayes, 35:
Bisignano Black Boettger Boswell
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Gettings Giannetto Gronstal Halvorson
Hammond Horn Husak Judge
Kibbie Lind Lundby Maddox
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rittmer Sorensen
Szymoniak Tinsman Vilsack
Nays, 13:
Banks Bartz Bennett Borlaug
Freeman Hansen Hedge Iverson
Jensen McKean Rensink Rife
Zieman
Absent or not voting, 2:
Connolly Kramer
Amendment S-5832 was adopted.
Senator Dvorsky offered amendment S-5833 filed by Senators Dvorsky,
McLaren and Lind from the floor to amendment S-5829 to House amendment
S-5821 and moved its adoption.
Amendment S-5833 was adopted by a voice vote.
Senator Dvorsky moved the adoption of amendment S-5829 as amended
to House amendment S-5821, which motion prevailed by a voice vote.
Senator Dvorsky moved that the Senate concur in the House amendment
as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Dvorsky moved that the bill as amended by the House,
further amended 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. 2195) the vote was:
Ayes, 38:
Bartz Bennett Black Boettger
Boswell Dearden Deluhery Douglas
Drake Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Lundby McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 10:
Banks Bisignano Borlaug Hedge
Iverson Jensen Lind Maddox
McKean Rife
Absent or not voting, 2:
Connolly Kramer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
President Boswell took the chair at 3:56 p.m.
Senate File 2245
Senator Kibbie called up for consideration Senate File 2245, a bill
for an act relating to public retirement systems, making
appropriations, and providing effective and retroactive applicability
dates, amended by the House in House amendment S-5828 filed April 23,
1996.
Senator Kibbie offered amendment S-5835 filed by Senators Kibbie
and Gronstal from the floor to House amendment S-5828 and moved its
adoption.
Amendment S-5835 was adopted by a voice vote.
Senator Kibbie moved that the Senate concur in the House amendment
as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Kibbie moved that the bill as amended by the House, further
amended 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. 2245) the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Jensen Judge Kibbie Kramer
Lind Lundby McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 4:
Banks Hedge Iverson Maddox
Absent or not voting, 1:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senate File 284
Senator Hansen called up for consideration Senate File 284, a bill
for an act relating to the crime of forgery, by prohibiting the knowing
possession of forged writings, including documents prescribed for entry
into, stay, or employment in the United States, and providing penalties,
amended by the House, and moved that the Senate concur in House
amendment S-5817 filed April 18, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Hansen 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. 284) the vote was:
Ayes, 49:
Banks 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 Kramer 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:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
MOTION TO RECONSIDER ADOPTED
Senator Vilsack called up the motion to reconsider Senate File 2409
filed by him on April 16, 1996, found on page 1411 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (S.F.
2409) the vote was:
Ayes, 49:
Banks 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 Kramer 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:
Connolly
The motion prevailed.
Senator Vilsack moved to reconsider the vote by which Senate File
2409 went to its last reading, which motion prevailed by a voice vote.
Senate File 2409
On motion of Senator Vilsack, Senate File 2409, a bill for an act
relating to workforce development by establishing a workforce
development department, by eliminating the department of employment
services, and including workforce development programs in the new
department, by providing for state privatization contracts, and by
establishing a workforce development board and regional advisory boards,
was taken up for reconsideration.
Senator Vilsack filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which House
amendment S-5677 as amended to Senate File 2409 was adopted by the
Senate on April 16, 1996.
The motion prevailed by a voice vote and House amendment S-5677 as
amended was taken up for reconsideration.
Senator Vilsack 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-5783 to House amendment S-5677 to Senate File 2409 was adopted by the
Senate on April 16, 1996.
The motion prevailed by a voice vote and amendment S-5783 by
Senators Vilsack and Borlaug to House amendment S-5677 was taken up for
reconsideration.
Senator Vilsack offered amendment S-5837 filed by him from the
floor to amendment S-5783 to House amendment S-5677 and moved its
adoption.
Amendment S-5837 was adopted by a voice vote.
Senator Vilsack moved the adoption of amendment S-5783 as amended
to House amendment S-5677, which motion prevailed by a voice vote.
Senator Vilsack moved that the Senate concur in the House amendment
as amended.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Vilsack moved that the bill as amended by the House,
further amended 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. 2409) the vote was:
Ayes, 47:
Bartz Bennett 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
Kramer Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 2:
Banks Bisignano
Absent or not voting, 1:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
HOUSE MESSAGE RECEIVED
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 23, 1996, passed the following bill in which the
concurrence of the House was asked:
Senate File 2357, a bill for an act relating to school finance
providing for an increase in the amount certified for levy in excess of
that previously authorized for bonded indebtedness repayment.
MOTION TO RECONSIDER WITHDRAWN
House File 2234
Senator Vilsack withdrew the motion to reconsider House File 2234,
a bill for an act relating to exempting certain nonresident aliens from
land ownership restrictions, filed by him on April 22, 1996, and found
on page 1465 of the Senate Journal.
IMMEDIATELY MESSAGED
Senator Husak asked and received unanimous consent that Senate
Files 2245, 2399, 2409 and House File 2234 be immediately messaged to
the House and to send an immediate message to the House on Senate Files
2351 and 284.
HOUSE AMENDMENT CONSIDERED
Senate File 2372
Senator Fink called up for consideration Senate File 2372, a bill
for an act relating to termination of rental agreements, the definition
of notice, and notice provisions for actions to recover property,
amended by the House, and moved that the Senate concur in House
amendment S-5782 filed April 15, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Fink 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. 2372) the vote was:
Ayes, 42:
Banks Bartz Bennett Black
Boettger Borlaug Boswell 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 Priebe Redfern
Rensink Rife Rittmer Sorensen
Tinsman Zieman
Nays, 7:
Bisignano Dearden Dvorsky Neuhauser
Palmer Szymoniak Vilsack
Absent or not voting, 1:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
House File 2387
The Senate resumed consideration of House File 2387, a bill for an
act relating to the office of secretary of state and the conduct of
elections and voter registration in the state and relating to corrective
and technical changes to Iowas election laws, and providing an effective
date, and division S-5822D by Senator Gronstal to page 33 of the bill.
Senator Gronstal offered amendment S-5834 filed by Senators
Gronstal and Drake from the floor to division S-5822D and moved its
adoption.
Amendment S-5834 was adopted by a voice vote.
Senator Gronstal moved the adoption of division S-5822D as amended,
which motion prevailed by a voice vote.
Senator Gronstal withdrew amendment S-5560 filed by him on March
27, 1996, to pages 7, 8, 10, 11, 22 and 32 of the bill.
Senator Fink offered amendment S-5830 filed by him from the floor
to page 33 of the bill and moved its adoption.
Amendment S-5830 was adopted by a voice vote.
Senator Gronstal offered amendment S-5831 filed by him from the
floor to page 33 of the bill and moved its adoption.
Amendment S-5831 was adopted by a voice vote.
Senator Gettings withdrew amendment S-5620 filed by him on April 2,
1996, to page 38 of the bill.
Senator Gettings offered amendment S-5692 filed by him on April 9,
1996, to page 38 of the bill and moved its adoption.
Amendment S-5692 was adopted by a voice vote.
Senator Dvorsky offered amendment S-5646 filed by Senators Dvorsky
and Neuhauser on April 3, 1996, to page 27 of the bill and moved its
adoption.
Amendment S-5646 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. 2387) the vote was:
Ayes, 48:
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 Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 1:
Banks
Absent or not voting, 1:
Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senate Concurrent Resolution 123
On motion of Senator Dvorsky, Senate Concurrent Resolution 123, a
concurrent resolution congratulating Coach Dan Gable and the University
of Iowa Hawkeye Wrestling team for winning the National Collegiate
Athletic Associations 1996 team championship, was taken up for
consideration.
Senator Dvorsky moved the adoption of Senate Concurrent Resolution
123, which motion prevailed by a voice vote.
MOTION TO RECONSIDER ADOPTED
Senator Lind called up the motion to reconsider House File 428
filed by him on April 15, 1996, found on page 1390 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (H.F.
428) the vote was:
Ayes, 46:
Banks Bartz Bennett 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 Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Sorensen Szymoniak
Tinsman Zieman
Nays, none.
Absent or not voting, 4:
Bisignano Connolly Rittmer Vilsack
The motion prevailed.
Senator Lind moved to reconsider the vote by which House File 428
went to its last reading, which motion prevailed by a voice vote.
House File 428
On motion of Senator Fraise, House File 428, a bill for an act
relating to the expenditure of moneys deposited in an E911 service fund,
was taken up for reconsideration.
Senator Lind called up the motion to reconsider the vote by which
amendment S-5745 to House File 428 was adopted by the Senate on April
12, 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-5745 by
Senators Flynn, Connolly and Lind to strike everything after the
enacting clause and to the title page of the bill, was taken up for
reconsideration.
Senator Lind offered amendment S-5836 filed by him from the floor
to amendment S-5745 and moved its adoption.
Amendment S-5836 was adopted by a voice vote.
Senator Flynn moved the adoption of amendment S-5745 as amended,
which motion prevailed by a voice vote.
Senator Fraise 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. 428) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Dearden Deluhery Douglas Drake
Dvorsky 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.
Absent or not voting, 2:
Connolly Fink
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate
Concurrent Resolution 123 and House Files 428 and 2387 be immediately
messaged to the House.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2285 be referred from the Regular Calendar to the committee on Ways and
Means.
HOUSE AMENDMENT CONSIDERED
Senate File 2366
Senator Gronstal called up for consideration Senate File 2366, a
bill for an act relating to lease-purchase agreements, amended by the
House, and moved that the Senate concur in House amendment S-5815 filed
April 18, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Gronstal 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. 2366) the vote was:
Ayes, 31:
Bennett Black Boettger Boswell
Dearden Deluhery Douglas Dvorsky
Fink Flynn Fraise Gettings
Gronstal Halvorson Hammond Hansen
Horn Husak Jensen Judge
Kibbie Kramer Lundby Maddox
Neuhauser Palmer Rittmer Sorensen
Szymoniak Tinsman Vilsack
Nays, 17:
Banks Bartz Borlaug Drake
Freeman Giannetto Hedge Iverson
Lind McKean McLaren Murphy
Priebe Redfern Rensink Rife
Zieman
Absent or not voting, 2:
Bisignano Connolly
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 476
On motion of Senator Gronstal, House File 476, a bill for an act
eliminating the appeal period for the awarding of contracts by the
purchasing division of the department of general services, with report
of committee recomending passage, and placed on the Unfinished Business
Calendar on April 14, 1996, was taken up for consideration.
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. 476) the vote was:
Ayes, 38:
Bartz Bennett Black Boettger
Borlaug Boswell Dearden Deluhery
Drake Dvorsky Fink Flynn
Fraise Gettings Gronstal Hammond
Hansen Horn Husak Jensen
Judge Kibbie Kramer Lind
Lundby Maddox Murphy Neuhauser
Palmer Priebe Redfern Rensink
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 10:
Banks Douglas Freeman Giannetto
Halvorson Hedge Iverson McKean
McLaren Rife
Absent or not voting, 2:
Bisignano Connolly
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
SENATE INSISTS
House File 2486
Senator Flynn called up for consideration 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, amended by the Senate 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 2486 on the part of the Senate: Senators Flynn, Chair; Neuhauser,
Deluhery, Banks and Hedge.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
476 be immediately messaged to the House and to send an immediate
message to the House on Senate File 2366.
APPENDIX
GOVERNORS VETO MESSAGE
April 23, 1996
The Honorable Leonard Boswell
President of the Senate
State Capitol Building
L O C A L
Dear Mr. President:
Senate File 2385, an act relating to appointment and election of
state judicial nominating commissioners and providing effective and
applicability dates and transition provisions, is hereby disapproved and
transmitted to you in accordance with Article III, Section 16, of the
Constitution of the State of Iowa.
Among the most important decisions a Governor makes is the
appointment of judges to our states highest courts. The process as it
exists in Iowa today requires the Governor to select from
recommendations made by the State Judicial Nominating Commission.
Broadbased and balanced representation of the members serving on the
Commission is critical to assuring that nominees for the Court of
Appeals and the Iowa Supreme Court are among the most experienced and
best qualified persons in the state for the positions.
Since its creation in 1963, membership of the Commission has
included seven public members appointed by the Governor and seven lawyer
members elected by the Bar. When created, the appointment and election
of members to the Commission was tied to the Congressional districts
existing at the time. The statute provided that one member was to be
appointed and elected from each of the seven Congressional districts.
Questions have been raised over time about the continued
appointment and election of 14 members, as the number of Congressional
districts have been reduced. The Attorney General addressed the issue in
an opinion dated March 9, 1971, stating that the number and bounds of
the Judicial Commission Districts were established to conform to the
then-existing Congressional districts as a matter of convenience in
order to provide geographic distribution of the membership. The opinion
went on to conclude that there is no relationship whatever between the
Congress and the Judicial Commission, therefore, there is no reasons for
a subsequent change in districting for one purpose to carry with it a
change for the other purpose.
A reduction in the number of appointed members reduced the publics
opportunity to be involved in the selection of judges to serve on the
states highest benches. These are the judges who make the final
decisions concerning disputes considered by Iowa courts. Public member
participation in the selection of these judges gives Iowans some
assurance that their decisions will fairly reflect the view and
philosophies of the people who appear before them. Reducing the number
of public members on the Commission, even though an equal number of
lawyer positions are eliminated, dilutes, as well as diminishes, the
citizen input so necessary to choosing the best persons to serve in
these very important positions.
A better way to resolve the confusion caused by the current statute
would be to set the number of appointed and elected members at seven
each while eliminating all reference to congressional districts. To do
so would void the need to shorten the terms of citizens presently
serving on the Commission. Action similar to what I am recommending has
recently been taken with respect to appointments to both the Corrections
Board and Racing and Gaming Commission. This would be a much simpler and
more permanent solution than that proposed in Senate File 2385.
For the above reasons, I hereby respectfully disapprove Senate File
2385.
Sincerely, TERRY E. BRANSTAD Governor
MOTIONS TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which Senate File
2195 passed the Senate on April 23, 1996.
MERLIN E. BARTZ
MR. PRESIDENT: I move to reconsider the vote by which Senate File
2195 passed the Senate on April 23, 1996.
ROBERT E. DVORSKY
MR. PRESIDENT: I move to reconsider the vote by which Senate File
2372 passed the Senate on April 23, 1996.
ROD HALVORSON
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: HOUSE FILE 2481, a bill for an act relating to
eligibility criteria and benefits, including tax benefits to businesses
under the new jobs and income program and establishing a penalty.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Palmer, Husak, Bennett, Deluhery, Drake, Freeman,
Iverson, McLaren, Neuhauser, Priebe, Szymoniak and Vilsack. Nays, none.
Absent or not voting, 3: Connolly, Hedge and Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5831 H.F. 2387 Michael E. Gronstal
S-5832 S.F. 2195 Robert Dvorsky
Derryl McLaren
Jim Lind
S-5833 S.F. 2195 Robert Dvorsky
Derryl McLaren
Jim Lind
S-5834 H.F. 2387 Michael E. Gronstal
Richard F. Drake
S-5835 S.F. 2245 John P. Kibbie
Michael E. Gronstal
S-5836 H.F. 428 Jim Lind
S-5837 S.F. 2409 Tom Vilsack
S-5838 H.F. 2481 Tom Vilsack
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:52 p.m., until
9:00 a.m., Wednesday, April 24, 1996.
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Index: Senate Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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