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ONE HUNDRED THIRTEENTH CALENDAR DAY
SIXTY-SEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, April 29, 1996
The Senate met in regular session at 10:26 a.m., President Boswell
presiding.
Prayer was offered by the Honorable Brad Banks, member of the
Senate from Plymouth County, Westfield, Iowa.
The Journal of Friday, April 26, 1996, was approved.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Vilsack and Judge until they arrive on request of Senator
Horn, and Senators McLaren, Rittmer, McKean and Drake until they arrive
on request of Senator Rife.
BILL ASSIGNED TO COMMITTEE
The Chair announced the assignment of House Concurrent Resoluton
128 to the committee on State Government.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that House File
2412 be referred from the Unfinished Business Calendar to the committee
on Business and Labor.
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.
ADOPTION OF RESOLUTIONS
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolutions 122 and 123.
Senate Resolution 122
On motion of Senator Priebe, Senate Resolution 122, a senate
resolution requesting the Attorney General to investigate diesel fuel
prices, was taken up for consideration.
Senator Priebe moved the adoption of Senate Resolution 122, which
motion prevailed by a voice vote.
Senate Resolution 123
On motion of Senator Priebe, Senate Resolution 123, 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, was taken up for consideration.
Senator Priebe moved the adoption of Senate Resolution 123, which
motion prevailed by a voice vote.
CONSIDERATION OF BILL
(Ways and Means Calendar)
House File 2500
On motion of Senator Szymoniak, House File 2500, a bill for an act
providing for the modification or termination of certain testamentary
trusts by the court, with report of committee recommending passage, was
taken up for consideration.
Senator Freeman asked and received unanimous consent that action on
House File 2500 be deferred.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 2387
Senator Gronstal called up for consideration 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, amended by the Senate, further amended by the House
and moved that the Senate concur in House amendment S-5843 to Senate
amendment H-6042 filed April 24, 1996.
The motion lost by a voice vote and the Senate refused to concur in
the House amendment to the Senate amendment.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate File 2469.
Senate File 2469
On motion of Senator Szymoniak, Senate File 2469, a bill for an act
relating to the establishment of a problem gambling treatment program
and applying a penalty, with report of committee recommending amendment
and passage, was taken up for consideration.
Senator Bisignano asked and received unanimous consent that action
on Senate File 2469 be deferred.
RECESS
On motion of Senator Horn, the Senate recessed at 10:57 a.m., until
2:30 p.m.
AFTERNOON SESSION
The Senate reconvened at 2:55 p.m., President Boswell presiding.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House File
2387 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 2:57 p.m., until
4:30 p.m.
RECONVENED
The Senate reconvened at 4:37 p.m., President Boswell presiding.
QUORUM CALL
Senator Fraise requested a non record roll call to determine that a
quorum was present.
The vote revealed 39 present, 11 absent and a quorum present.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2463 be referred from the Unfinished Business Calendar to the committee
on Ways and Means.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senate Concurrent Resolution 106
On motion of Senator Husak, 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, with report of committee recommending passage, was taken
up for consideration.
Senator Husak moved the adoption of Senate Concurrent Resolution
106, which motion prevailed by a voice vote.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 2497
Senator Flynn called up for consideration House File 2497, a bill
for an act relating to the compensation and benefits for public
officials and employees and making appropriations amended by the Senate,
further amended by the House and moved that the Senate concur in House
amendment S-5808 to Senate amendment H-5976 filed April 17, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Rensink for the remainder of the day on request of Senator
Rife.
BUSINESS PENDING
House File 2497
The Senate resumed consideration of House File 2497.
Senator Flynn moved that the bill as amended by the Senate, further
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? (H.F. 2497) the vote was:
Ayes, 42:
Bartz Bennett Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Flynn Fraise
Freeman Gettings Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McLaren Murphy Neuhauser
Palmer Priebe Redfern Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 5:
Banks Bisignano Dvorsky Fink
Giannetto
Absent or not voting, 3:
Drake McKean Rensink
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
House File 2500
The Senate resumed consideration of House File 2500, a bill for an
act providing for the modification or termination of certain
testamentary trusts by the court, previously deferred.
Senator Freeman offered amendment S-5854 filed by her from the
floor to page 1 and the title page of the bill.
Senator Vilsack raised the point of order that amendment S-5854 was
not germane to the bill.
The Chair ruled the point well taken and amendment S-5854 out of
order.
Senator Szymoniak 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. 2500) the vote was:
Ayes, 44:
Bartz Bennett 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
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 3:
Banks Bisignano Rife
Absent or not voting, 3:
Drake McKean Rensink
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
MOTION TO RECONSIDER ADOPTED
Senator Gronstal called up the motion to reconsider Senate File
2147 filed by him on April 16, 1996, found on page 1417 of the Senate
Journal and moved its adoption.
On the question Shall the motion to reconsider be adopted? (S.F.
2147) the vote was:
Ayes, 39:
Bartz Black Borlaug Boswell
Connolly Dearden Deluhery Douglas
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hedge Horn
Husak Jensen Judge Kibbie
Kramer Lind Lundby Maddox
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rife Sorensen
Szymoniak Tinsman Vilsack
Nays, 8:
113th Day MONDAY, APRIL 29, 1996 1529
Banks Bennett Bisignano Boettger
Hansen Iverson Rittmer Zieman
Absent or not voting, 3:
Drake McKean Rensink
The motion prevailed.
Senator Gronstal moved to reconsider the vote by which Senate File
2147 went to its last reading, which motion prevailed by a voice vote.
Senate File 2147
On motion of Senator Gronstal, Senate File 2147, a bill for an act
increasing the membership of the Iowa telecommunications and technology
commission, was taken up for reconsideration.
Senator Gronstal 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-5615 as amended to Senate File 2147 on
April 16, 1996.
The motion prevailed by a voice vote and House amendment S-5615 as
amended was taken up for reconsideration.
Senator Gronstal 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-5792 as amended to House amendment S-5615 to Senate File 2147 was
adopted by the Senate on April 16, 1996.
The motion prevailed by a voice vote and amendment S-5792 as
amended by Senator Dvorsky to House amendment S-5615 was taken up for
reconsideration.
Senator Gronstal offered amendment S-5853 filed by Senators
Gronstal and Dvorsky on April 26, 1996, to amendment S-5792 to House
amendment S-5615 and moved its adoption.
Amendment S-5853 was adopted by a voice vote.
With the adoption of amendment S-5853, the Chair ruled amendment
S-5850 filed by Senators Gronstal and Dvorsky on April 25, 1996, to
House amendment S-5615, out of order.
The Senate stood at ease at 5:21 p.m. until the fall of the gavel.
The Senate resumed session at 5:39 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2147
The Senate resumed consideration of Senate File 2147.
Senator McLaren offered amendment S-5857 filed by him from the
floor to amendment S-5792 to House amendment S-5615.
Senator Dvorsky raised the point of order that amendment S-5857 to
amendment S-5792 to House amendment S-5615 was not germane.
The Chair ruled the point well taken and amendment S-5857 out of
order.
Senator Dvorsky moved the adoption of amendment S-5792 to House
amendment S-5615, 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.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Priebe for the remainder of the day on request of Senator
Horn.
BUSINESS PENDING
Senate File 2147
The Senate resumed consideration of Senate File 2147.
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. 2147) the vote was:
Ayes, 39:
Bartz Bennett Black Boettger
Boswell Connolly Dearden Deluhery
Douglas Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Hedge Horn Husak Judge
Kibbie Kramer Lundby Maddox
McLaren Murphy Neuhauser Palmer
Redfern Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 7:
Banks Bisignano Borlaug Iverson
Jensen Lind Rife
Absent or not voting, 4:
Drake McKean Priebe Rensink
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 29, 1996, insisted on it amendment to 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 that the members of the Conference
Committee on the part of the House are: The Representative from Polk,
Mrs. Jacobs, Chair; the Representatve from Pottawattamie, Mr. Drake; the
Representative from Dubuque, Ms. Jochum; the Representative from Scott,
Mrs. Martin; the Representative from Black Hawk, Mr. Witt.
APPOINTMENT OF CONFERENCE COMMITTEE
The Chair announced the following conference committee on House
File 2387 on the part of the Senate: Senators Gronstal, Chair; Sorensen,
Dearden, Rittmer and Drake.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
2497 and 2500, Senate File 2147 and Senate Concurrent Resolution 106 be
immediately messaged to the House.
BILL REFERRED TO COMMITTEE
Senator Horn asked and received unanimous consent that Senate File
2450 be referred from the Unfinished Business Calendar to the committee
on Ways and Means.
APPENDIX
EXPLANATION OF VOTE
MR. PRESIDENT: I was necessarily absent from the Senate chamber on
April 25, 1996, when the vote was taken on the House File 560. Had I
been present, I would have voted aye on the bill.
MAGGIE TINSMAN
SUBCOMMITTEE ASSIGNMENT
House Concurrent Resolution 128
STATE GOVERNMENT: Fink, Chair; Drake and Giannetto
CERTIFICATE OF RECOGNITION
The Secretary of the Senate issued the following certificate of
recognition:
Olivia Bailey, Waukee - For being named to the Des Moines Registers
1996 Academic All-State Team. Senator Douglas (4-29-96).
COMMUNICATIONS RECEIVED
The following communications were received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:
March 1, 1996
DEPARTMENT OF PUBLIC HEALTH
VITAL STATISTICS OF IOWA. Pursuant to Iowa Code Ch. 144.5(5).
ORGANIZED DELIVERY SYSTEMS IN IOWA. Pursuant to Ch. 158, 75th G.A.
Annual Report and executive Summary of Council on Chemically
Exposed Infants and Children. Pursuant to Iowa Code Ch. 235C.3(7).
LEGISLATIVE FISCAL BUREAU
A report on the Living Roadway Trust Fund submitted in accordance
with Section 32 of SF 481 (Transportation, Infrastructure, and Capitals
Appropriation Act.)
March 4, 1996
IOWA CENTRAL COMMUNITY COLLEGE
Job Training Partnership Act - Promise Jobs. The changes to the
Local Training Plan for Titles II-A, II-B, II-C and the Title III Sub
State Area Plan for Program Years 1996 and 1997.
March 11, 1996
DEPARTMENT OF HUMAN SERVICES
Annual Report of Savings for FY95, in accordance with Chapter 8D.10
of The Code of Iowa.
DEPARTMENT OF COMMERCE
ALCOHOLIC BEVERAGES DIVISION
61st Annual Report - July 1, 1994-June 1995.
DEPARTMENT OF TRANSPORTATION
As required in Iowa Code section 307.21, a report of purchasing
activity for soy based inks and recycled content trash bags.
March 14, 1996
DEPARTMENT OF EMPLOYMENT SERVICES
A copy of the 1995 Annual Status Report on the Unemployment
Compensation Fund from the division of Job Service in accordance with
Iowa Code Section 96.35.
DEPARTMENT OF HUMAN SERVICES
The Plan for Community development relating to Conner vs. Branstad
Consent Decree.
March 18, 1996
IOWA DEPARTMENT OF TRANSPORTATION
Annual Report as required by Section 307.12(14).
LOTTERY DIVISION
IOWA DEPARTMENT OF REVENUE AND FINANCE
Independent Auditors Reports, Financial Statement and Supplemental
Information Comment and Recommendation.
April 2, 1996
IOWA HEALTH REFORM TRANSITION TEAM
Final Report.
April 10, 1996
DEPARTMENT OF GENERAL SERVICES
Annual Report for Fiscal Year 1995.
April 11, 1996
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
Iowa New Jobs Training Program Annual Report 1995.
April 16, 1996
IOWA COLLEGE STUDENT AID COMMISSION
A diversity summary as required by Iowa Code Section 261.25,
subsection 5.
April 22, 1996
IOWA DEPARTMENT OF NATURAL RESOURCES
Annual Report for Fiscal Year 1995.
April 25, 1996
LIVESTOCK PRODUCTION STUDY COMMITTEE
Final Report.
REPORT OF THE SECRETARY OF THE SENATE
MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
enrolling Senate File 2409, the following correction was made:
1. Page 1, line 16, the word and number section 15.341.
JOHN F. DWYER Secretary of the Senate
1536 JOURNAL OF THE SENATE 113th Day
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 29th day of April, 1996:
Senate Files 284 and 2409.
JOHN F. DWYER Secretary of the Senate
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 2443)
A conference committee report signed by the following Senate and
House members was filed April 29, 1996, on Senate File 2443, a bill for
an act appropriating funds to the department of economic development,
the Iowa finance authority, certain board of regents institutions, the
public employment relations board, and the department of employment
services, and making related statutory changes:
On the Part of the Senate: On the Part of the House:
TOM VILSACK, Chair STEVEN W. CHURCHILL, Chair
TONY BISIGNANO TOM BAKER
STEVEN D. HANSEN PHIL WISE
CONFERENCE COMMITTEE REPORT RECEIVED
(House File 2458)
A conference committee report signed by the following Senate and
House members was filed April 29, 1996, on 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:
On the Part of the Senate: On the Part of the House:
STEVEN D. HANSEN, Chair DWIGHT DINKLA, Chair
RICHARD F. DRAKE JEFFREY LAMBERTI
RANDAL J. GIANNETTO HAROLD VAN MAANEN
O. GENE MADDOX
TOM VILSACK
AMENDMENTS FILED
S-5854 H.F. 2500 Elaine Szymoniak
S-5855 S.F. 2469 Elaine Szymoniak
S-5856 S.F. 2469 Tony Bisignano
S-5857 S.F. 2147 Derryl McLaren
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 5:58 p.m., until
10:00 a.m. , Tuesday, April 30, 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
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