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ONE HUNDRED FOURTEENTH CALENDAR DAY SIXTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 30, 1996 The Senate met in regular session at 10:12 a.m., President Boswell presiding. Prayer was offered by the Honorable Maggie Tinsman, member of the Senate from Scott County, Davenport, Iowa. The Journal of Monday, April 29, 1996, was approved. QUORUM CALL Senator Judge requested a non record roll call to determine that a quorum was present. The vote revealed 46 present, 4 absent and a quorum present. BILL REMOVED CALENDAR Senator Judge asked and received unanimous consent that further action on Senate File 2385 be deferred and that it be removed from the Senate Calendar. RECESS On motion of Senator Judge, the Senate recessed at 11:25 a.m., until 2:00 p.m. AFTERNOON SESSION The Senate reconvened at 2:22 p.m., President Boswell 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 30, 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 2147, a bill for an act increasing the membership of the Iowa telecommunications and technology commission. ALSO: That the House has on April 30, 1996, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2153, a bill for an act relating to Iowa law enforcement officer certification by the Iowa law enforcement academy (S-5858). ALSO: That the House has on April 30, 1996, adopted the conference committee report and passed 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. INTRODUCTION OF BILL Senate File 2470, by committee on Appropriations, a bill for an act relating to state expenditure and regulatory matters by making standing and other appropriations, and providing technical provisions, studies of runaway youth, physician utilization, and retirement system issues, and providing a penalty and effective dates. Read first time and placed on Appropriations Calendar. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent and a quorum present. CONFERENCE COMMITTEE REPORT ADOPTED House File 2458 Senator Hansen called up the conference committee report 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, filed on April 29, 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 Hansen 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. 2458) 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 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 Iverson Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 2153 Senator Bisignano called up for consideration Senate File 2153, a bill for an act relating to Iowa law enforcement officer certification by the Iowa law enforcement academy, amended by the House, and moved that the Senate concur in House amendment S-5858 filed April 30, 1996. The motion prevailed by a voice vote and the Senate concurred in the House amendment. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer until she returns on request of Senator Borlaug. BUSINESS PENDING Senate File 2153 The Senate resumed consideration of Senate File 2153. Senator Bisignano 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. 2153) 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 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 Iverson Kramer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. COMMITTEE REPORT APPROPRIATIONS Final Bill Action: SENATE FILE 2470 (LSB 4436), a bill for an act relating to state expenditure and regulatory matters by making standing and other appropriations, and providing technical provisions, studies of runaway youth, physician utilization, and retirement system issues, and effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 25: Murphy, Boswell, Lind, Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Appropriations Calendar) Senator Horn asked and received unanimous consent to take up for consideration Senate File 2470. Senate File 2470 On motion of Senator Murphy, Senate File 2470, a bill for an act relating to state expenditure and regulatory matters by making standing and other appropriations, and providing technical provisions, studies of runaway youth, physician utilization, and retirement system issues, and providing a penalty and effective dates, was taken up for consideration. Senator Murphy offered amendment S-5861 filed by him from the floor to pages 9 and 12 of the bill and moved its adoption. Amendment S-5861 was adopted by a voice vote. Senator Judge offered amendment S-5860 filed by Senators Judge and Bartz from the floor to page 26 of the bill and moved its adoption. Amendment S-5860 was adopted by a voice vote. Senator Flynn offered amendment S-5864 filed by him from the floor to page 29 of the bill and moved its adoption. Amendment S-5864 was adopted by a voice vote. Senator Gronstal offered amendment S-5862 filed by him from the floor to page 30 of the bill and moved its adoption. Amendment S-5862 was adopted by a voice vote. Senator Neuhauser offered amendment S-5859 filed by her from the floor to page 33 of the bill. Senator Palmer raised the point of order that amendment S-5859 was not germane to the bill. The Chair ruled the point well taken and amendment S-5859 out of order. The Senate stood at ease at 3:12 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 4:10 p.m., President pro tempore Bisignano presiding. QUORUM CALL Senator Fraise requested a non record roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent and a quorum present. BUSINESS PENDING Senate File 2470 The Senate resumed consideration of Senate File 2470. Senator Gronstal offered amendment S-5863 filed by him from the floor to page 33 of the bill. President Boswell took the chair at 4:20 p.m. Senator Lind asked and received unanimous consent that action on amendment S-5863 be deferred. Senator Murphy offered amendment S-5866 filed by him from the floor to pages 6 and 9 of the bill and moved its adoption. Amendment S-5866 was adopted by a voice vote. Senator Giannetto asked and received unanimous consent to withdraw amendment S-5865 filed by Senators Flynn, Giannetto and Bartz from the floor to page 26 of the bill. Senator Black offered amendment S-5867 filed by Senators Black, et al., from the floor to page 26 of the bill and moved its adoption. A non record roll call was requested. The ayes were 31, nays 3. Amendment S-5867 was adopted. The Senate stood at ease at 4:26 p.m. until the fall of the gavel. The Senate resumed session at 4:30 p.m., President Boswell presiding. Senator Murphy offered amendment S-5868 filed by him from the floor to page 4 of the bill and moved its adoption. Amendment S-5868 was adopted by a voice vote. The Senate stood at ease at 4:31 p.m. until the fall of the gavel. The Senate resumed session at 4:39 p.m., President Boswell presiding. The Senate resumed consideration of amendment S-5863 by Senator Gronstal to page 33 of the bill, previously deferred. Senator Lind offered amendment S-5870 filed by him from the floor to amendment S-5863 and moved its adoption. Amendment S-5870 was adopted by a voice vote. Senator Hansen raised the point of order that amendment S-5863 as amended was not germane to the bill. The Chair ruled the point well taken and amendment S-5863 as amended out of order. Senator Murphy offered amendment S-5871 filed by Senators Murphy and Black from the floor to page 25 of the bill and moved its adoption. Amendment S-5871 was adopted by a voice vote. Senator Hammond asked and received unanimous consent to withdraw amendment S-5872 filed by Senators Hammond, et al., from the floor to page 11 of the bill. The Senate stood at ease at 4:59 p.m. until the fall of the gavel. The Senate resumed session at 5:11 p.m., President Boswell presiding. Senator Kramer offered amendment S-5869 filed by her from the floor to page 20 of the bill. Senator Vilsack raised the point of order that amendment S-5869 was not germane to the bill. The Chair ruled the point well taken and amendment S-5869 out of order. Senator Murphy 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. 2470) the vote was: Ayes, 30: Bartz Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Giannetto Gronstal Halvorson Hammond Horn Husak Judge Kibbie Lundby McLaren Murphy Neuhauser Palmer Priebe Rensink Sorensen Szymoniak Vilsack Nays, 20: Banks Bennett Boettger Borlaug Douglas Drake Freeman Hansen Hedge Iverson Jensen Kramer Lind Maddox McKean Redfern Rife Rittmer Tinsman Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSSAGED Senator Horn asked and received unanimous consent that House File 2458 and Senate File 2470 be immediately messaged to the House and to send an immediate message to the House on Senate File 2153. CONFERENCE COMMITTEE REPORT RECEIVED (Senate File 2442) A conference committee report signed by the following Senate and House members was filed April 30, 1996, on Senate File 2442, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates: On the Part of the Senate: On the Part of the House: JOHNIE HAMMOND, Chair HUBERT HOUSER, Chair PATRICK J. DELUHERY RICHARD ARNOLD ELAINE SZYMONIAK DANNY CARROLL NANCY BOETTGER ED FALLON MAGGIE TINSMAN PAM JOCHUM CONFERENCE COMMITTEE REPORT ADOPTED Senate File 2442 Senator Hammond called up the conference committee report on Senate File 2442, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates, filed on April 30, 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 Hammond 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.2442) the vote was: Ayes, 44: Bartz Bennett Bisignano Black Boettger Boswell Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Hedge Horn Husak Judge Kibbie Kramer Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 6: Banks Borlaug Douglas Iverson Jensen Lind The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. SUBCOMMITTEE ASSIGNMENT House Concurrent Resolution 129 JUDICIARY: Bisignano, Chair; Boettger, Drake, Giannetto and Vilsack CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Albia Community High School Band, Albia - For receiving high honors at the Orlando Festival of Music, Orlando, Florida, and for being named the Grand Champion Marching Band. Senator Judge (4-29-96). Bi-State Motorcycle Awareness Council - For your support of motorcycle awareness, caution and courtesy on the road. Senator Rife (5-4-96). Jennifer Braden, Newman; Allison Cooper, Ventura; Jennifer Craighton, Rockwell-Swaledale; Jeffrey Freidhof, New Hampton; Stephen Locher, Mason City; Susan Meggers, North Tama (Traer); Kelly Moretz, Lake Mills; Maegan Plagge, Clear Lake; Chris Snell, Nora Springs-Rock Falls; Jamie Squier, St. Ansgar and Jay Weselmann, Northwood-Kensett High School - For being nominated for Academic All-State Team. The Best and Brightest of 96. Senator Bartz (4-30-96). REPORT OF THE SECRETARY OF THE SENATE MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2195, the following correction was made: 1. Page 3, line 18, the number 10.0 was changed to the number 10.00. JOHN F. DWYER Secretary of the Senate BILL 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 bill has 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 30th day of April, 1996: Senate File 2195. JOHN F. DWYER Secretary of the Senate BILLS SIGNED BY THE GOVERNOR Communications were received announcing that on April 30, 1996, the Governor approved and transmitted to the Secretary of State the following bills: SENATE FILE 2351 - 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, making an annual allocation from an appropriation, and establishing an effective date. SENATE FILE 2357 - Relating to school finance providing for an increase in the amount certified for levy in excess of that previously authorized for bonded indebtedness repayment. SENATE FILE 2366 - Relating to lease-purchase agreements. SENATE FILE 2399 - 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. CONFERENCE COMMITTEE REPORT RECEIVED (House File 2486) A conference committee report signed by the following Senate and House members was filed April 30, 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 Senate: On the Part of the House: TOM FLYNN, Chair STEVE SUKUP, Chair BRAD BANKS BOB BRUNKHORST H. KAY HEDGE JANET METCALF MARY NEUHAUSER MOTION TO RECONSIDER MR. PRESIDENT: I move to reconsider the vote by which Senate File 2442 passed the Senate on April 30, 1996. LARRY MURPHY AMENDMENTS FILED S-5858 S.F. 2153 House amendment S-5859 S.F. 2470 Mary Neuhauser S-5860 S.F. 2470 Patty Judge Merlin E. Bartz S-5861 S.F. 2470 Larry Murphy S-5862 S.F. 2470 Michael E. Gronstal S-5863 S.F. 2470 Michael E. Gronstal S-5864 S.F. 2470 Tom Flynn S-5865 S.F. 2470 Tom Flynn Randal J. Giannetto Merlin E. Bartz S-5866 S.F. 2470 Larry Murphy S-5867 S.F. 2470 Dennis H. Black Berl E. Priebe Don Gettings Brad Banks Derryl McLaren S-5868 S.F. 2470 Larry Murphy S-5869 S.F. 2470 Mary Kramer S-5870 S.F. 2470 Jim Lind S-5871 S.F. 2470 Larry Murphy Dennis H. Black S-5872 S.F. 2470 Johnie Hammond Elaine Szymoniak Steven D. Hansen Maggie Tinsman S-5873 S.F. 2464 Michael E. Gronstal The Senate stood at ease at 5:47 p.m. until the fall of the gavel. The Senate resumed session at 7:18 p.m., Senator Gronstal presiding. MOTION TO RECONSIDER WITHDRAWN Senate File 2442 Senator Murphy withdrew the motion to reconsider Senate File 2442, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates, filed by him on April 30, 1996, and found on page 1550 of the Senate Journal. IMMEDIATELY MESSAGED Senator Murphy asked and received unanimous consent that Senate File 2442 be immediately messaged to the House. CONFERENCE COMMITTEE REPORT RECEIVED (House File 2421) A conference committee report signed by the following Senate and House members was filed April 30, 1996, on House File 2421, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, making appropriations for capital projects from the rebuild Iowa infrastructure fund, and relating to the Iowa communications network, construction projects for the commission of veterans affairs, county fairs, recreational trails, and nonreversion of certain appropriations, and providing an effective date: On the Part of the Senate: On the Part of the House: ROD HALVORSON, Chair DAVID MILLAGE, Chair MICHAEL GRONSTAL CLYDE BRADLEY JOHN W. JENSEN BARRY BRAUNS LARRY MURPHY DENNIS M. COHOON STEVE WARNSTADT The Senate stood at ease at 7:21 p.m. until the fall of the gavel. The Senate resumed session at 7:40 p.m., Senator Gronstal 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 30, 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 2477, a bill for an act relating to the funding of, operation of, and appropriation of moneys to agencies, institutions, commissions, departments, and boards responsible for education and cultural programs of this state and making related statutory changes and providing effective date provisions (S-5874 to H-5522). ALSO: That the House has on April 30, 1996, adopted the conference committee report and passed 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. AMENDMENTS FILED S-5874 H.F. 2477 House amendment ADJOURNMENT On motion of Senator Dvorsky, the Senate adjourned at 7:42 p.m., until 9:00 a. m., Wednesday, May 1, 1996.
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