Iowa General Assembly Banner


Previous Day: Monday, April 29Next Day: Wednesday, May 1
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Senate Journal: Tuesday, April 30, 1996

                       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.

Previous Day: Monday, April 29Next Day: Wednesday, May 1
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home Iowa General Assembly

index 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: Wed May 1 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/SJournal/Day/0430.html
jhf