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ONE HUNDRED NINTH CALENDAR DAY
SIXTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, April 25, 1996
The Senate met in regular session at 9:39 a.m., President pro
tempore Bisignano presiding.
Prayer was offered by Senate Page, Amy Longwill and her sister
Brianna, from Adams County, Nodaway, Iowa, who sang Ave Verum.
The Journal of Wednesday, April 24, 1996, was approved.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 44 present, 6 absent and a quorum present.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator McLaren for the day and Senator Tinsman until she arrives
on request of Senator Rife.
UNFINISHED BUSINESS
(Deferred April 26, 1995)
House File 560
The Senate resumed consideration of House File 560, a bill for an
act relating to the definition of designated person for purposes of the
family farm tax credit and providing effective and applicability dates,
deferred April 26, 1995.
Senator Priebe offered amendment S-5734 filed by Senators Priebe,
et al., on April 11, 1996, to page 1 of the bill and moved its adoption.
Amendment S-5734 was adopted by a voice vote.
The Chair ruled the motion to reconsider the vote by which
amendment S-3545 failed to be adopted by the Senate on April 26, 1995,
filed by Senator Bartz on April 26, 1995, and found on page 1424 of the
1995 Senate Journal, out of order.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Kramer until she arrives on request of Senator Borlaug and
Senator Boettger until she returns on request of Senator Bartz.
BUSINESS PENDING
House File 560
The Senate resumed consideration of House File 560.
Senator Priebe 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. 560) the vote was:
Ayes, 47:
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 Lind
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Vilsack Zieman
Nays, none.
Absent or not voting, 3:
Kramer McLaren Tinsman
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred April 22, 1996)
Senate File 2370
The Senate resumed consideration of 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, House amendment S-5818 and amendment S-5826 by Senators
Freeman, et al., to House amendment S-5818, deferred April 22, 1996.
Senator Husak called up the motion to reconsider the vote by which
amendment S-5825 to House amendment S-5818 to Senate File 2370 was
adopted by the Senate on April 22, 1996, filed by him on April 22, 1996,
found on page 1465 of the Senate Journal.
The Senate stood at ease at 10:18 a.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 10:55 a.m., Senator Hansen presiding.
RECESS
On motion of Senator Horn, the Senate recessed at 11:15 a.m., until
2:30 p.m.
APPENDIX
REPORT OF COMMITTEE MEETING
STATE GOVERNMENT
Convened: April 24, 1996, 6:08 p.m.
Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking
Member; Bennett, Drake, Fink, Giannetto, Halvorson, Lind, McLaren and
Sorensen.
Members Absent: Bisignano, Connolly, Dearden and Lundby.
Committee Business: Recommended passage of Senate Resolution 120.
Adjourned: 6:10 p.m.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2469
HUMAN RESOURCES: Szymoniak, Chair; Boettger and Hammond
House Concurrent Resolution 125
AGRICULTURE: Fraise, Chair; Husak and Zieman
House File 555
WAYS AND MEANS: Palmer, Chair; Bennett and Connolly
House File 2480
WAYS AND MEANS: Palmer, Chair; Bennett and Connolly
House File 2487
WAYS AND MEANS: Palmer, Chair; Bennett and Connolly
House File 2493
WAYS AND MEANS: Palmer, Chair; Bennett and Connolly
House File 2494
WAYS AND MEANS: Palmer, Chair; Bennett and Connolly
House File 2495
WAYS AND MEANS: Palmer, Chair; Bennett and Connolly
House File 2500
WAYS AND MEANS: Szymoniak, Chair; Iverson and Palmer
LSB 4465
AGRICULTURE: Fraise, Chair; Husak and Zieman
LSB 4473
AGRICULTURE: Fraise, Chair; Husak and Zieman
BILLS SIGNED BY THE GOVERNOR
Communications were received announcing that on April 24, 1996, the
Governor approved and transmitted to the Secretary of State the
following bills:
SENATE FILE 2154 - Relating to certain drug offenses and penalties
by increasing the penalties for certain offenses involving
methamphetamine, creating new offenses involving ephedrine, and
expanding the types of real property within one thousand feet of which a
person who unlawfully possesses a substance is subject to an increased
penalty.
SENATE FILE 2157 - Relating to postsecondary educational programs,
the duties of the college student aid commission in administering the
Iowa guaranteed loan program, creating a chiropractic loan revolving
fund, providing for matters related to the chiropractic graduate
student forgivable loan program, modifying the registration requirements
for postsecondary schools, and increasing registration fees.
SENATE FILE 2168 - Updating the Iowa code references to the
internal revenue code and providing a retroactive applicability date and
an effective date.
SENATE FILE 2207 - Relating to the reimbursement of jurors and
witnesses for transportation and mileage expenses.
SENATE FILE 2289 - 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 2301 - Relating to lead abatement and inspection,
training and certification requirements, providing penalties, and
providing a contingent effective date.
SENATE FILE 2321 - Relating to the nonconfidentiality of
information regarding the qualifications of interpreters for the deaf
services division of the department of human rights.
SENATE FILE 2455 - 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 on April 25, 1996, the Governor approved and transmitted
to the Secretary of State the following bills:
SENATE FILE 2085 - Relating to handicapped parking and providing a
penalty.
SENATE FILE 2467 - Increasing the nonpublic school tax credit and
eliminating the nonpublic school tax deduction for amounts paid for
tuition and textbooks for nonpublic elementary and secondary schools
under the state individual income tax and providing effective and
applicability date provisions.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Sixty-one sixth grade students from Manson Middle School, Barnum,
accompanied by Marilyn Moeding. Senator Halvorson.
The following visitors were present in the Senate gallery:
Twenty-six third grade students from United Community Elementary
School, Boone, accompanied by Tricia Oxley. Senator Sorensen.
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE RESOLUTION 122 (LSB 4465), a senate resolution
requesting the Attorney General to investigate diesel fuel prices.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 8: Priebe, Judge, Black, Fraise, Giannetto, Husak,
Sorensen and Zieman. Nays, none. Absent or not voting, 7: Banks,
Boswell, Douglas, Hedge, Lundby, McLaren and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 123 (LSB 4473), a senate resolution
to urge that Ms. Oprah Winfrey retract negative comments regarding the
safety of cattle herds in this country and the integrity of beef
products consumed by the public, and to encourage the public to protest
sponsors supporting her program.
Recommendation: APPROVED COMMITTEE RESOLUTION.
Final Vote: Ayes, 8: Priebe, Judge, Black, Fraise, Giannetto, Husak,
Sorensen and Zieman. Nays, none. Absent or not voting, 7: Banks,
Boswell, Douglas, Hedge, Lundby, McLaren and Palmer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: HOUSE FILE 2500, a bill for an act providing for the
modification or termination of certain testamentary trusts by the court.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Palmer, Husak, Bennett, Deluhery, Drake, Freeman,
Hedge, Iverson, Szymoniak and Vilsack. Nays, none. Absent or not
voting, 5: Connolly, McLaren, Murphy, Neuhauser and Priebe.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-5844 S.F. 2370 Rod Halvorson
S-5845 S.F. 2370 Rod Halvorson
S-5846 S.F. 2370 Rod Halvorson
S-5847 S.F. 2370 Rod Halvorson
S-5848 S.F. 2370 Bill Fink
S-5849 S.F. 2370 Bill Fink
Mary Lou Freeman
Mary A. Lundby
Dennis H. Black
S-5850 S.F. 2147 Michael E. Gronstal
Robert Dvorsky
AFTERNOON SESSION
The Senate reconvened at 2:33 p.m., President Boswell presiding.
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 25, 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 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.
ALSO: That the House has on April 25, 1996, adopted the following
resolution in which the concurrence of the Senate is asked:
House Concurrent Resolution 128, a concurrent resolution honoring
the seventy-fifth anniversary of the Division of Criminal Investigation
of the Iowa Department of Public Safety.
This resolution was read first time and passed on file.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 122, by committee on Agriculture, a senate
resolution requesting the Attorney General to investigate diesel fuel
prices.
Read first time and placed on calendar.
Senate Resolution 123, by committee on Agriculture, a senate
resolution to urge that Ms. Oprah Winfrey retract negative comments
regarding the safety of cattle herds in this country and the integrity
of beef products consumed by the public, and to encourage the public to
protest sponsors supporting her program.
Read first time and placed on calendar.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 31 present, 19 absent and a quorum present.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 2458
Senator Hansen called up for consideration House File 2458, a bill
for an act relating to the right to appointed counsel or a public
defender, by relating to the eligibility for certain indigents, the
recovery of defense costs, and by restricting the right to counsel for
certain parents in child in need of assistance cases, amended by the
Senate, further amended by the House and moved that the Senate concur in
House amendment S-5816 to Senate amendment H-5922 filed April 18, 1996.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment to the Senate amendment.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 120.
Senate Resolution 120
On motion of Senator Kibbie, 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, with report
of committee recommending passage, was taken up for consideration.
Senator Kibbie moved the adoption of Senate Resolution 120, which
motion prevailed by a voice vote.
The Senate stood at ease at 2:45 p.m. until the fall of the gavel.
The Senate resumed session at 2:50 p.m., President Boswell
presiding.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
2458 be immediately messaged to the House.
The Senate stood at ease at 2:51 p.m. until the fall of the gavel.
The Senate resumed session at 5:50 p.m., President pro tempore
Bisignano 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 25, 1996, insisted on its amendment to House File
2458, a bill for an act relating to the right to appointed counsel or a
public defender, by relating to the eligibility for certain indigents,
the recovery of defense costs, and by restricting the right to counsel
for certain parents in child in need of assistance cases, and that the
members of the Conference Committee on part of the House are: The
Representative from Guthrie, Mr. Dinkla, Chair; the Representative from
Polk, Mr. Lamberti; the Representative from Johnson, Ms. Mascher; the
Representative from Wapello, Mr. Moreland; the Representative from
Marion, Mr. Van Maanen.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the assignment of the following conference
committee on House File 2458 on the part of the Senate: Senators Hansen,
Chair; Giannetto, Vilsack, Maddox and Drake.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 106, a senate concurrent
resolution commemorating the veterans of the United States armed forces
who fought and won the Battle of the Bulge during World War II.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Horn, Boswell, Rife, Bisignano, Gettings, Husak,
Kramer and Lind. Nays, none. Absent or not voting, 1: Gronstal.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENT FILED
S-5851 S.F. 2370 Bill Fink
Mary Lou Freeman
Mary A. Lundby
Dennis H. Black
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:56 p.m., until
8:45 a.m., Friday, April 26, 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: Fri Apr 26 13:30:09 CDT 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0425.html
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