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ONE HUNDRED EIGHTH CALENDAR DAY
SIXTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, April 24, 1996
The Senate met in regular session at 9:08 a.m., President Boswell
presiding.
Prayer was offered by the Reverend Robert Connors, pastor of the
Union Park Church, Des Moines, Iowa, who then sang I Go To The Rock.
The Journal of Tuesday, April 23, 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 23, 1996, adopted the following resolutions in which
the concurrence of the House was asked:
Senate Concurrent Resolution 107, a concurrent resolution urging
the United States Congress to authorize construction of the Lewis and
Clark rural water system.
Senate Concurrent Resolution 113, a concurrent resolution declaring
Miss Iowa an official hostess for the State of Iowa.
ALSO: That the House has on April 23, 1996, concurred in the Senate
amendment to the House amendment, and passed the following bill in which
the concurrence of the House was asked:
Senate File 2399, a bill for an act relating to child protection
system provisions involving the child abuse assessment pilot projects
administered by the department of human services and certain
multidisciplinary teams, and providing an effective date.
ALSO: That the House has on April 23, 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 2245, a bill for an act relating to public retirement
systems, making appropriations, and providing effective and retroactive
applicability dates.
ALSO: That the House has on April 23, 1996, passed the following
bill in which the concurrence of the Senate is asked:
House File 2500, a bill for an act providing for the modification
or termination of certain testamentary trusts by the court.
This bill was read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 43 present, 7 absent and a quorum present.
SENATE RECEDES
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, 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.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Bisignano until he arrives on request of Senator Vilsack
and Senator Banks until he arrives on request of Senator Rensink.
BUSINESS PENDING
Senate File 2245
The Senate resumed consideration of Senate File 2245.
Senator Kibbie 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. 2245) the vote was:
Ayes, 48:
Bartz Bennett 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.
Absent or not voting, 2:
Banks Bisignano
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
2245 be immediately messaged to the House.
MOTION TO RECONSIDER WITHDRAWN
House File 2153
Senator Murphy withdrew the motion to reconsider House File 2153, a
bill for an act relating to the reinstatement to active service of
members of the statewide fire and police retirement system and the
public safety peace officers retirement, accident, and disability system
upon denial of disability benefits, filed by him on March 26, 1996, and
found on page 1047 of the Senate Journal.
The Senate stood at ease at 9:39 a.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 12:28 p.m., President Boswell
presiding.
RECESS
On motion of Senator Judge, the Senate recessed at 12:29 p.m.,
until 2:00 p.m.
AFTERNOON SESSION
The Senate reconvened at 2:44 p.m., Senator Hansen presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 42 present, 8 absent and a quorum present.
The Senate stood at ease at 2:51 p.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 4:58 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.
MOTION TO RECONSIDER ADOPTED
Senator Dvorsky called up the motion to reconsider Senate File 2195
filed by him on April 23, 1996, found on page 1492 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (S.F.
2195) the vote was:
Ayes, 49:
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, 1:
Banks
The motion prevailed.
Senator Dvorsky moved to reconsider the vote by which Senate File
2195 went to its last reading, which motion prevailed by a voice vote.
Senate File 2195
On motion of Senator Dvorsky, 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, was taken up for reconsideration.
Senator Bartz filed the following motion to reconsider from the
floor and moved its adoption:
MR. PRESIDENT: I move to reconsider the vote by which the Senate
concurred in House amendment S-5821 as amended to Senate File 2195 on
April 23, 1996.
The motion prevailed by a voice vote and House amendment S-5821 as
amended was taken up for reconsideration.
Senator Bartz 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-5829 as amended to House amendment S-5821 to Senate File 2195 was
adopted by the Senate on April 23, 1996.
The motion prevailed by a voice vote and amendment S-5829 as
amended by Senators Dvorsky, Flynn and Lundby to House amendment S-5821
was taken up for reconsideration.
Senator McLaren 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-5832 to amendment S-5829 to House amendment S-5821 to Senate File 2195
was adopted by the Senate on April 23, 1996.
The motion prevailed by a voice vote and amendment S-5832 by
Senators Dvorsky, McLaren and Lind to amendment S-5829 to House
amendment S-5821 was taken up for reconsideration.
Senator Dvorsky offered amendment S-5842 filed by Senators Dvorsky,
et al., from the floor to amendment S-5829 to House amendment S-5821 and
moved its adoption.
Amendment S-5842 was adopted by a voice vote.
With the adoption of amendment S-5842, the Chair ruled amendment
S-5832 to amendment S-5829 to House amendment S-5821, out of order.
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, 45:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Jensen Judge Kibbie
Kramer Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 5:
Banks Borlaug Iverson Lind
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
2195 be immediately messaged to the House.
The motion to reconsider Senate File 2195 filed by Senator Bartz on
April 23, 1996, and found on page 1492 of the Senate Journal was out of
order.
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 24, 1996, concurred in the Senate amendment to the
House amendment, and passed the following bill in which the concurrence
of the House was asked:
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.
ALSO: That the House has on April 24, 1996, concurred in the Senate
amendment and passed the following bill in which the concurrence of the
House was asked:
House File 2234, a bill for an act relating to exempting certain
nonresident aliens from land ownership restrictions.
ALSO: That the House has on April 24, 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 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 (S-5843 to H-6042).
ALSO: That the members of the Conference Committee, appointed April
24, 1996, on 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, on the part of the House are:
The Representative from Franklin, Mr. Sukup, Chair; the Representative
from Bremer, Mr. Brunkhorst; the Representative from Davis, Mr.
Kreiman; the Representative from Polk, Mrs. Metcalf; the Representative
from Dubuque, Mr. Murphy.
INTRODUCTION OF BILL
Senate File 2469, by Horn and Rife, a bill for an act relating to
the establishment of a problem gambling treatment program and applying a
penalty.
Read first time and passed on file.
BILLS ASSIGNED TO COMMITTEE
The Chair announced the assignment of the following bills to
committee:
S.F. 2469 Human Resources
H.F. 2500 Ways and Means
The Senate stood at ease at 5:40 p.m. until the fall of the gavel.
The Senate resumed session at 5:42 p.m., President Boswell
presiding.
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 24, 1996, adopted the conference committee report and
passed House File 2416, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds, and
certain other entities, providing for regulatory authority and other
properly related matters.
CONFERENCE COMMITTEE REPORT RECEIVED
(House File 2416)
A conference committee report signed by the following Senate and
House members was filed April 24, 1996, on House File 2416, a bill for
an act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities, providing for
regulatory authority and other properly related matters:
On the Part of the Senate: On the Part of the House:
PATTY JUDGE, Chair DONALD E. HANSON, Chair
MERLIN E. BARTZ MICHAEL CATALDO
ROD HALVORSON CHUCK GIPP
MARY LUNDBY JERRY MAIN
ALBERT G. SORENSEN MATT McCOY
CONFERENCE COMMITTEE REPORT ADOPTED
House File 2416
Senator Judge called up the conference committee report on House
File 2416, a bill for an act relating to and making appropriations to
certain state departments, agencies, funds, and certain other entities,
providing for regulatory authority and other properly related matters,
filed on April 24, 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 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. 2416) the vote was:
Ayes, 47:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 3:
Banks McKean Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
APPENDIX
EXPLANATIONS OF VOTES
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
Tuesday, April 23, 1996. Had I been present, I would have voted aye on
the following:
Senate Files 2399 and 2351; amendment S-5832 to Senate File 2195
and final passage of Senate File 2195; Senate Files 2245 and 284; motion
to reconsider Senate File 2409 and final passage of Senate File 2409;
Senate File 2372; House File 2387; motion to reconsider House File 428
and final passage of House File 428; Senate File 2366 and House File
476.
MIKE CONNOLLY
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
April 23, 1996, when the vote was taken on House File 428. Had I been
present, I would have voted aye.
BILL FINK
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 23, 1996, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILE 259 - Relating to the practice of mortuary science,
cremation, and licensing of funeral establishments and providing
penalties.
SENATE FILE 2097 - Providing a sales, services, and use tax
exemption on certain packaging materials used in agricultural,
livestock, or dairy production.
SENATE FILE 2114 - Relating to the amount of prison time served by
persons convicted of certain forcible felonies, by limiting the
reduction of sentence for certain forcible felons, providing for a
sentencing task force and a departmental study, and making other related
changes.
SENATE FILE 2201 - Relating to the open enrollment application and
implementation process and to instructional support for reorganized
school districts.
SENATE FILE 2266 - 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 2294 - Creating multidisciplinary community services
teams and providing a penalty.
SENATE FILE 2413 - 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 - 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.
SENATE FILE 2453 - 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.
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
engrossing the Senate amendment to the House amendment to Senate File
2195, the following corrections were made:
1. Page 5, line 20, the word and letter paragraph c were changed to
the word and letter paragraph d.
2. Page 5, line 26, the word and number Section 7 were changed to
the word and number Section 6.
Sincerely, TERRY E. BRANSTAD Governor
COMMITTEE REPORT
STATE GOVERNMENT
Final Bill Action: SENATE RESOLUTION 120, a senate resolution urging the
Commission of Veterans Affairs to provide for the establishment of a
state veterans cemetery in central Iowa.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Gronstal, Kibbie, Rittmer, Bennett, Drake, Fink,
Giannetto, Halvorson, Lind, McLaren and Sorensen. Nays, none. Absent or
not voting, 4: Bisignano, Connolly, Dearden amd Lundby.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5839 S.F. 2468 Dennis H. Black
S-5840 S.F. 2468 Dennis H. Black
S-5841 S.F. 2468 Berl E. Priebe
S-5842 S.F. 2195 Robert Dvorsky
Merlin E. Bartz
Derryl McLaren
Tom Flynn
S-5843 H.F. 2387 House amendment
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 6:05 p.m., until
9:30 a.m., Thursday, April 25, 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: Thu Apr 25 13:30:12 CDT 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0424.html
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