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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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