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ONE HUNDRED FIFTEENTH CALENDAR DAY
SIXTY-NINTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, May 1, 1996
The Senate met in regular session at 9:13 a.m., President Boswell
presiding.
Prayer was offered by Peter Small from Iowa City, Iowa, who sang
How Can I Keep from Singing.
The Journal of Tuesday, April 30, 1996, was approved.
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, receded from the House amendment to, and
passed the following bill in which the concurrence of the Senate was
asked:
Senate File 2140, a bill for an act increasing the speed limit on
certain highways, requiring a report on safety in construction zones,
and providing an effective date.
ALSO: That the House has on April 30, 1996, adopted the conference
committee report and passed 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.
ALSO: That the House has on April 30, 1996, adopted the conference
committee report and passed 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.
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.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 2477
Senator Kibbie called up for consideration 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, amended by the Senate, further amended by the House and
moved that the Senate concur in House amendment S-5874 to Senate
amendment H-5522 filed April 30, 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 Banks until he arrives on request of Senator Bartz.
BUSINESS PENDING
House File 2477
The Senate resumed consideration of House File 2477.
Senator Kibbie 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. 2477) the vote was:
Ayes, 49:
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 Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
CONFERENCE COMMITTEE REPORTS ADOPTED
House File 2486
Senator Flynn called up the conference committee report 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, 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 Rife asked unanimous consent that action on House File
2486 be deferred.
Senator Rife withdrew his request to defer.
Senator Flynn 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. 2486) the vote was:
Ayes, 48:
Bartz Bennett Bisignano 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 Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Banks Black
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 2421
Senator Halvorson called up the conference committee report 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, 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 Halvorson 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. 2421) the vote was:
Ayes, 45:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Douglas Drake
Dvorsky Fink Flynn Fraise
Freeman Gettings Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Jensen Judge Kramer
Lind Lundby Maddox McKean
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rensink Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, 4:
Giannetto Iverson Kibbie Rife
Absent or not voting, 1:
Banks
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 2464
Senator Gronstal called up for consideration Senate File 2464, a
bill for an act relating to housing development, including tax
increment financing, providing for the assessment of certain property
for tax purposes, and providing an effective date, amended by the House
in House amendment S-5738 filed April 12, 1996.
Senator Gronstal offered amendment S-5873 filed by him on April 30,
1996, to House amendment S-5738.
Senator Maddox called for a division of amendment S-5873 to House
amendment S-5738: Page 1, lines 3-50; page 2, lines 1-19 and 28-50 as
division S-5873A.
Page 2, lines 20-27 as division S-5873B.
Senator Maddox asked and received unanimous consent that action on
division S-5873A to House amendment S-5738 be deferred.
Senator Gronstal moved the adoption of division S-5873B to House
amendment S-5738, which motion prevailed by a voice vote.
Senator Gronstal asked and received unanimous consent that action
on division S-5873A to House amendment S-5738, House amendment S-5738
and Senate File 2464 be deferred.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
2477 and 2421 be immediately messaged to the House.
CONFERENCE COMMITTEE REPORT CONSIDERED
Senate File 2443
Senator Vilsack called up the conference committee report 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,
filed on April 29, 1996.
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 11, 1996, adopted the conference committee report and
passed, Senate File 2448, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state civil
rights commission, the department of elder affairs, the governors
alliance on substance abuse, the Iowa department of public health, the
department of human rights, and the commission of veterans affairs, and
providing an immediate effective date.
INTRODUCTION OF RESOLUTION
Senate Resolution 124, by Boswell, Kibbie, Giannetto, Dearden,
Judge, Murphy, Gettings, Sorensen, and Connolly, a resolution supporting
the use of more than one crew member in freight railroad operations.
Read first time and passed on file.
RESOLUTION ASSIGNED TO COMMITTEE
President Boswell announced that Senate Resolution 124 was assigned
to the committee on Transportation.
The Senate stood at ease at 10:36 a.m. until the fall of the gavel
for the purpose of a party caucus.
The Senate resumed session at 11:04 a.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2443
The Senate resumed consideration of Senate File 2443, and the
conference committee report.
Senator Vilsack moved the adoption of the conference committee
report.
The motion prevailed by a voice vote and the conference committee
report and the recommendations and amendments contained therein was
adopted.
Senator Vilsack 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. 2443) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 28:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Horn
Husak Jensen Judge Kibbie
Kramer Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Vilsack
Nays, 21:
Bartz Bennett Boettger Borlaug
Douglas Drake Freeman Hansen
Hedge Iverson Lind Lundby
Maddox McKean McLaren Redfern
Rensink Rife Rittmer Tinsman
Zieman
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2443 be immediately messaged to the House.
UNFINISHED BUSINESS
(Deferred April 29, 1996)
Senate File 2469
The Senate resumed consideration of Senate File 2469, a bill for an
act relating to the establishment of a problem gambling treatment
program and applying a penalty, deferred April 29, 1996.
Senator Szymoniak offered amendment S-5852 filed by the committee
on Human Resources on April 26, 1996, to pages 1-3 and the title page of
the bill.
Senator Bisignano offered amendment S-5856 filed by him on April
29, 1996, to amendment S-5852 and moved its adoption.
Amendment S-5856 was adopted by a voice vote.
Senator Szymoniak offered amendment S-5855 filed by her on April
29, 1996, to amendment S-5852 and moved its adoption.
Amendment S-5855 was adopted by a voice vote.
Senator Szymoniak moved the adoption of amendment S-5852 as
amended, which motion prevailed by a voice vote.
Senator Bartz offered amendment S-5876 filed by him from the floor
to page 5 of the bill.
Senator Szymoniak raised the point of order that amendment S-5876
was not germane to the bill.
The Chair ruled the point well taken and amendment S-5876 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? (S.F. 2469) the vote was:
Ayes, 49:
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 Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2469 be immediately messaged to the House.
MOTION TO RECONSIDER WITHDRAWN
House File 121
Senator Murphy withdrew the motion to reconsider House File 121, a
bill for an act relating to the taping and broadcasting of certain high
school athletic events, filed by him on March 25, 1996, and found on
page 1026 of the Senate Journal.
The Senate stood at ease at 11:32 a.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 11:52 a.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 45 present, 5 absent and a quorum present.
SPECIAL PRESENTATION TO SENATE PAGES
The Senate pages were invited to the well of the Senate by
President Boswell for a special presentation and were thanked by
President Boswell and Senators Horn and Rife for their service to the
Senate.
A Certificate of Recognition for serving with honor and distinction
as a Senate Page during the 1996 Regular Session of the Seventy-sixth
General Assembly and an individual and Page group picture were presented
to each of the following Pages:
Annette Athy, Sara Bailey, Laura Brown, Brent Elswick, Nathan
Haggard, Patrick Hassenfritz, Tom Hopkins, Amy Longwill, Christopher
Noring, Luke Quinn, Angie Richardson, Carrie Stephens, Justin Thiltgen,
Leah Van Mersbergen and Amanda Whims. (Absent were Jason Hedden and Beth
Bernholtz).
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 May 1, 1996, amended and passed the following bill in which
the concurrence of the Senate is asked:
Senate File 454, a bill for an act relating to the establishment
of an assisted living program within the department of elder affairs,
providing for implementation, and providing penalties (S-5877).
ALSO: That the House has on May 1, 1996, adopted the conference
committee report and passed House File 2472, a bill for an act relating
to and making appropriations to the justice system and providing
effective dates.
CONFERENCE COMMITTEE REPORT RECEIVED
(House File 2472)
A. conference committee report signed by the following
Senate and House members was filed May 1, 1996, on
House File 2472, a bill for an act relating to and
making appropriations to the justice system and
providing effective dates:
On the Part of the Senate: On the Part of the House:
EUGENE FRAISE, Chair TERESA GARMAN, Chair ROBERT DVORSKY
PAUL BELL EMIL J. HUSAK DAVE HEATON STEWART
IVERSON, JR. RICK LARKIN DONALD B. REDFERN LYNN SCHULTE
CONFERENCE COMMITTEE REPORT ADOPTED
House File 2472
Senator Fraise called up the conference committee report on House
File 2472, a bill for an act relating to and making appropriations to
the justice system and providing effective dates, filed on May 1, 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 Fraise 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. 2472) the vote was:
Ayes, 43:
Bartz Bisignano Black Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Gettings
Giannetto Gronstal Halvorson Hansen
Hedge Horn Husak Iverson
Jensen Judge Kibbie Kramer
Lundby Maddox McKean Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 6:
Bennett Freeman Hammond Lind
McLaren Rife
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that House File
2472 be immediately messaged to the House.
BUSINESS PENDING
Senate File 2464
The Senate resumed consideration of Senate File 2464, a bill for
an act relating to housing development, including tax increment
financing, providing for the assessment of certain property for tax
purposes, and providing an effective date, House amendment S-5738 and
division S-5873A to House amendment S-5738.
Senator Gronstal withdrew division S-5873A to House amendment
S-5738.
Senator Maddox asked and received unanimous consent to withdraw
amendment S-5875 filed by Senators Maddox and Borlaug from the floor to
House amendment S-5738.
Senator Gronstal offered amendment S-5878 filed by Senators
Gronstal, Maddox and Borlaug from the floor to House amendment S-5738.
Senator Priebe asked unanimous consent that action on amendment
S-5878 to House amendment S-5738, House amendment S-5738 and Senate File
2464 be deferred.
Senator Priebe withdrew his request to defer.
Senator Gronstal moved the adoption of amendment S-5878 to House
amendment S-5738, which motion prevailed by a voice vote.
Senator Gronstal 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.
Senator Gronstal 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. 2464) 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 Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Zieman
Nays, 2:
Priebe Vilsack
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2464 be immediately messaged to the House.
RECESS
On motion of Senator Horn, the Senate recessed at 12:35 p.m., until
1:00 p.m.
AFTERNOON SESSION
The Senate reconvened at 1:12 p.m., Senator Flynn presiding.
QUORUM CALL
Senator Bisignano requested a non record roll call to determine
that a quorum was present.
The vote revealed 36 present, 14 absent and a quorum present.
ADOPTION OF RESOLUTION
(Regular Calendar)
House Concurrent Resolution 28
On motion of Senator Bisignano, House Concurrent Resolution 28, a
concurrent resolution requesting that the United States Congress repeal
the decriminalization of status offenses mandate contained in the
federal Juvenile Justice Delinquency Prevention Act of 1974, with report
of committee recommending passage, was taken up for consideration.
Senator Bisignano withdrew amendment S-5781 filed by him on April
15, 1996, to pages 1 and 2 of the resolution.
Senator Bisignano moved the adoption of House Concurrent Resolution
28, which motion prevailed by a voice vote.
CONSIDERATION OF BILL
(Ways and Means Calendar)
House File 2481
On motion of Senator Vilsack, House File 2481, a bill for an act
relating to eligibility criteria and benefits, including tax benefits to
businesses under the new jobs and income program and establishing a
penalty, with report of committee recommending passage, was taken up for
consideration.
Senator Vilsack offered amendment S-5838 filed by him on April 23,
1996, to pages 3 and 4 of the bill.
President Boswell took the chair at 1:35 p.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen until he returns on request of Senator Rensink.
BUSINESS PENDING
House File 2481
The Senate resumed consideration of House File 2481.
Senator Vilsack moved the adoption of amendment S-5838.
A record roll call was requested.
On the question Shall amendment S-5838 be adopted? (H.F. 2481) the
vote was:
Ayes, 29:
Bisignano Black Boswell Connolly
Dearden Deluhery Dvorsky Fink
Flynn Fraise Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Judge Kibbie
Lundby Murphy Neuhauser Palmer
Priebe Sorensen Szymoniak Tinsman
Vilsack
Nays, 19:
Bartz Bennett Boettger Borlaug
Douglas Drake Freeman Hedge
Iverson Kramer Lind Maddox
McKean McLaren Redfern Rensink
Rife Rittmer Zieman
Absent or not voting, 2:
Banks Jensen
Amendment S-5838 was adopted.
Senator Vilsack 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. 2481) the vote was:
Ayes, 46:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Hedge Horn
Husak Iverson Judge Kibbie
Kramer Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Priebe Redfern Rensink Rife
Rittmer Sorensen Szymoniak Tinsman
Vilsack Zieman
Nays, 2:
Connolly Palmer
Absent or not voting, 2:
Banks Jensen
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
COMMITTEE REPORT
TRANSPORTATION
Final Bill Action: SENATE RESOLUTION 125 (formerly Senate Resolution
124), a senate resolution supporting the use of more than one crew
member in freight railroad operations.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Gettings, Fraise, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none. Pass, 1:
Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF RESOLUTION
Senate Resolution 125, by committee on Transportation, a resolution
supporting the use of more than one crew member in freight railroad
operations.
Read first time and placed on calendar.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
consideration Senate Resolution 125.
Senate Resolution 125
On motion of Senator Fraise, Senate Resolution 125, a resolution
supporting the use of more than one crew member in freight railroad
operations, was taken up for consideration.
Senator Lind offered amendment S-5879 filed by him from the floor
to page 1 of the bill and moved its adoption.
Amendment S-5879 lost by a voice vote.
Senator Fraise moved the adoption of Senate Resolution 125, which
motion prevailed by a voice vote.
HOUSE AMENDMENT CONSIDERED
(Deferred April 15, 1996)
Senate File 2256
The Senate resumed consideration of Senate File 2256, a bill for an
act relating to possession or control of alcohol by persons aged
eighteen, nineteen, and twenty, and providing a penalty, and House
amendment S-5707, deferred April 15, 1996.
Senator Maddox offered amendment S-5780 filed by Senators Maddox,
et al., on April 15, 1996, to House amendment S-5707.
Action on amendment S-5780 to House amendment S-5707, House
amendment S-5707 and Senate File 2256 was deferred.
HOUSE AMENDMENT CONSIDERED
(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 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, found on page 1465 of the
Senate Journal and moved its adoption.
A record roll call was requested.
On the question Shall the motion to reconsider be adopted? (S.F.
2370) the vote was:
Ayes, 34:
Bartz Bennett Bisignano Boettger
Boswell Dearden Deluhery Douglas
Drake Fraise Gettings Giannetto
Gronstal Hansen Horn Husak
Iverson Judge Kramer Lind
Lundby Maddox McKean McLaren
Murphy Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack
Nays, 12:
Borlaug Connolly Dvorsky Flynn
Freeman Halvorson Hammond Hedge
Jensen Kibbie Neuhauser Zieman
Absent or not voting, 4:
Banks Black Fink Rife
The motion prevailed and amendment S-5825 by Senators Freeman, et
al., to House amendment S-5818 was taken up for reconsideration.
Senator Fink asked and received unanimous consent to withdraw
amendment S-5851 filed by Senators Fink, et al., on April 25, 1996, to
amendment S-5825 to House amendment S-5818.
Senator Freeman moved the adoption of amendment S-5825 to House
amendment S-5818, which motion lost by a voice vote.
Senator Fink withdrew amendment S-5848 filed by him on April 25,
1996, to House amendment S-5818.
With the reconsideration and defeat of amendment S-5825, the Chair
announced that amendments S-5824 and S-5823, previously ruled out of
order on April 22, 1996, were now eligible for consideration by the
Senate.
Senator Freeman offered amendment S-5824 by Senators Freeman, et
al., to House amendment S-5818 and moved its adoption.
Amendment S-5824 lost by a voice vote.
Senator Halvorson withdrew amendment S-5844 filed by him on April
25, 1996, to House amendment S-5818.
Senator Halvorson asked and received unanimous consent that action
on amendment S-5845 filed by him on April 25, 1996, to House amendment
S-5818 be deferred.
Senator Halvorson offered amendment S-5846 filed by him on April
25, 1996, to House amendment S-5818 and moved its adoption.
A non record roll call was requested.
The ayes were 17, nays 27.
Amendment S-5846 lost.
Senator Gronstal offered amendment S-5880 filed by Senators
Gronstal and Fink from the floor to House amendment S-5818.
Senator Black offered amendment S-5883 filed by him from the floor
to amendment S-5880 to House amendment S-5818 and moved its adoption.
A record roll call was requested.
On the question Shall amendment S-5883 to amendment S-5880 to House
amendment S-5818 be adopted? (S.F. 2370) the vote was:
Ayes, 11:
Black Borlaug Dvorsky Freeman
Gettings Halvorson Husak Iverson
Jensen Kibbie Priebe
Nays, 37:
Bartz Bennett Bisignano Boettger
Boswell Connolly Dearden Deluhery
Douglas Drake Fink Flynn
Fraise Giannetto Gronstal Hammond
Hansen Hedge Horn Judge
Kramer Lind Lundby Maddox
McKean McLaren Murphy Neuhauser
Palmer Redfern Rensink Rife
Sorensen Szymoniak Tinsman Vilsack
Zieman
Absent or not voting, 2:
Banks Rittmer
Amendment S-5883 lost.
Senator Gronstal offered amendment S-5882 filed by him from the
floor to amendment S-5880 to House amendment S-5818 and moved its
adoption.
Amendment S-5882 was adopted by a voice vote.
Senator Gronstal moved the adoption of amendment S-5880 as amended
to House amendment S-5818, which motion prevailed by a voice vote.
Senator Fink asked and received unanimous consent to withdraw
amendment S-5823 by Senators Fink, et al., on April 22, 1996, to House
amendment S-5818.
Senator Halvorson withdrew amendment S-5847 filed by him on April
25, 1996, to House amendment S-5818.
Senator Fink asked and received unanimous consent to withdraw
amendment S-5849 filed by Senators Fink, et al., on April 25, 1996, to
House amendment S-5818.
The Senate resumed consideration of amendment S-5826 by Senators
Freeman, et al., to House amendment S-5818, deferred April 22, 1996.
Senator Freeman moved the adoption of amendment S-5826 to House
amendment S-5818, which motion lost by a voice vote.
Senator Halvorson withdrew amendment S-5845 to House amendment
S-5818, previously deferred.
Senator Gronstal 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.
Senator Gronstal 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. 2370) the vote was:
Ayes, 42:
Bartz Bennett Bisignano Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Flynn Fraise Freeman Gettings
Giannetto Gronstal Hammond Hansen
Hedge Horn Husak Jensen
Judge Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack
Nays, 6:
Black Fink Halvorson Iverson
Kibbie Zieman
Absent or not voting, 2:
Banks Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
2370 and House Concurrent Resolution 28 be immediately messaged to the
House.
BUSINESS PENDING
Senate File 2256
The Senate resumed consideration of Senate File 2256, a bill for an
act relating to possession or control of alcohol by persons aged
eighteen, nineteen, and twenty, and providing a penalty, House amendment
S-5707 and amendment S-5780 by Senators Maddox, et al., to House
amendment S-5707, previously deferred.
Senator Vilsack offered amendment S-5881 filed by Senators Vilsack,
Giannetto and Black from the floor to amendment S-5780 to House
amendment S-5707.
The Senate stood at ease at 3:20 p.m. until the fall of the gavel
for the purpose of party caucuses.
The Senate resumed session at 4:05 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2256
The Senate resumed consideration of Senate File 2256, and amendment
S-5881 to amendment S-5780 to House amendment S-5707.
Senator Dearden raised the point of order that amendment S-5881 to
amendment S-5780 to House amendment S-5707 was not germane.
The Chair ruled the point not well taken and amendment S-5881 in
order.
Senator Maddox asked and received unanimous consent that action on
amendment S-5881 to amendment S-5780 to House amendment S-5707,
amendment S-5780 to House amendment S-5707, House amendment S-5707 and
Senate File 2256 be deferred.
The Senate stood at ease at 4:11 p.m. until the fall of the gavel.
The Senate resumed session at 4:35 p.m., President Boswell
presiding.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 46 present, 4 absent and a quorum present.
BUSINESS PENDING
Senate File 2256
The Senate resumed consideration of Senate File 2256.
Senator Vilsack moved the adoption of amendment S-5881 to amendment
S-5780 to House amendment S-5707.
A record roll call was requested.
On the question Shall amendment S-5881 to amendment S-5780 to House
amendment S-5707 be adopted? (S.F. 2256) the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 26:
Bisignano Black Boswell Connolly
Deluhery Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak Vilsack
Nays, 23:
Bartz Bennett Boettger Borlaug
Dearden Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Absent or not voting, 1:
Banks
Amendment S-5881 was adopted.
With the adoption of amendment S-5881 to amendment S-5780 to House
amendment S-5707, the Chair ruled amendment S-5884 filed by Senator
Kramer from the floor to amendment S-5780 to House amendment S-5707, out
of order.
Senator Maddox moved the adoption of amendment S-5780 as amended to
House amendment S-5707, which motion prevailed by a voice vote.
Senator Bartz raised the point of order that Senate File 2256
should be referred to the committee on Ways and Means under Rule 38.
Senator Horn asked and received unanimous consent that Senate File
2256 be referred to the committee on Ways and Means and be returned to
the Senate Calendar by 5:30 p.m.
The Senate stood at ease at 5:25 p.m. until the fall of the gavel
for the purpose of a committee meeting.
The Senate resumed session at 5:35 p.m., President Boswell
presiding.
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: SENATE FILE 2256, a bill for an act relating to
possession or control of alcohol by persons aged eighteen, nineteen, and
twenty, and providing a penalty.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
Freeman, Hedge, Iverson, McLaren, Neuhauser, Priebe, Szymoniak and
Vilsack. Nays, none. Absent or not voting, 1: Murphy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
UNFINISHED BUSINESS
Senate File 2256
The Senate resumed consideration of Senate File 2256 and House
amendment S-5707 as amended, with report of committee on Ways and Means
recommending passage.
Senator Maddox 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.
Senator Maddox 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. 2256) the vote was:
Ayes, 26:
Bisignano Black Boswell Connolly
Deluhery Dvorsky Fink Flynn
Fraise Gettings Giannetto Gronstal
Halvorson Hammond Hansen Horn
Husak Judge Kibbie Murphy
Neuhauser Palmer Priebe Sorensen
Szymoniak Vilsack
Nays, 23:
Bartz Bennett Boettger Borlaug
Dearden Douglas Drake Freeman
Hedge Iverson Jensen Kramer
Lind Lundby Maddox McKean
McLaren Redfern Rensink Rife
Rittmer Tinsman Zieman
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
President pro tempore Bisignano took the chair at 5:40 p.m.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senate Resolution 117
Senator Horn asked and received unanimous consent to take up the
following resolution:
1 SENATE RESOLUTION 117 2 By: committee on Rules and
Administration 3 A Resolution honoring Senator Leonard L. Boswell. 4
WHEREAS, Senator Leonard L. Boswell is retiring 5 from legislative
office after completing three terms 6 in office as a state Senator; and
7 WHEREAS, Senator Boswells distinguished career as 8 a state
legislator has included service as the 9 President of the Senate during
the Seventy-fifth and 10 Seventy-sixth General Assemblies; and 11
WHEREAS, Senator Boswells service as Chairperson 12 of the
Appropriations Committee and the Small Business 13 and Economic
Development Committee and of the Economic 14 Development and Iowa Plan
Appropriations Subcommittee 15 is well recognized; and 16 WHEREAS,
Senator Boswells untiring dedication, 17 valuable leadership, and
expertise regarding state 18 appropriations and economic development
issues are 19 well recognized; and 20 WHEREAS, Senator Boswell has
served honorably and 21 has unselfishly given of his time and efforts to
22 further the interests of the State of Iowa and to 23 provide
beneficial programs for the citizens of Iowa; 24 and 25 WHEREAS,
Senator Boswell has served on many other 26 standing committees
throughout his twelve years of 27 legislative service and has been an
influential and 28 devoted legislator in this state; NOW THEREFORE, 29
BE IT RESOLVED BY THE SENATE, That the Senate pay 30 tribute to Senator
Leonard L. Boswell for his devoted Page 2 1 service to the Iowa General
Assembly and the citizens 2 of this state and wish him the very best in
the years 3 ahead; and 4 BE IT FURTHER RESOLVED, That an official copy
of 5 this Resolution be prepared and presented to Senator 6 Leonard L.
Boswell.
Several senators rose to express their tribute to Senator Boswell.
Senator Horn moved the adoption of Senate Resolution 117, which
motion prevailed by a voice vote.
Senators Horn and Judge escorted Senator Boswell to the well of the
Senate where he addressed the Senate with brief remarks.
The Senate rose and expressed its final tribute to Senator Boswell.
Senators Horn and Judge presented Senator Boswell with an engraved
plaque and an enrolled copy of Senate Resolution 117.
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 May 1, 1996, concurred in the Senate amendment to the House
amendment, and passed the following bills in which the concurrence of
the House was asked:
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.
Senate File 2464, a bill for an act relating to housing
development, including tax increment financing, providing for the
assessment of certain property for tax purposes, and providing an
effective date.
ALSO: That the House has on May 1, 1996, failed on reconsideration
to pass the items of the bill, the objection of the Governor to the
contrary notwithstanding, the following bill in which the concurrence of
the House was asked:
House File 2114, a bill for an act relating to and making
supplemental appropriations for the fiscal year beginning July 1, 1995,
and providing an effective date.
ALSO: That the House has on May 1, 1996, failed to adopt the
conference committee report 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, and on May 1, 1996, appointed a
second conference committee. The conferees are: The Representative from
Scott, Mr. Millage, Chair; the Representative from Polk, Mr. Baker; the
Representative from Winneshiek, Mr. Gipp; the Representative from
Marion, Mr. Van Maanen and the Representative from Lee, Mr. Wise.
HOUSE AMENDMENT CONSIDERED
Senate File 454
Senator Tinsman called up for consideration Senate File 454, a bill
for an act relating to the establishment of an assisted living program
within the department of elder affairs, providing for implementation,
and providing penalties, amended by the House, and moved that the Senate
concur in House amendment S-5877 filed May 1, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment as amended.
Senator Tinsman 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. 454) the vote was:
Ayes, 49:
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 Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
1582 JOURNAL OF THE SENATE 115th Day
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate File
454 be immediately messaged to the House.
Senator Hansen took the chair at 7:00 p.m.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senate Resolution 116
Senator Rife asked and received unanimous consent to take up the
following resolution:
1 SENATE RESOLUTION 116 2 By: committee on Rules and
Administration 3 A Resolution honoring Senator Bradly C. Banks. 4
WHEREAS, Senator Bradly C. Banks is retiring from 5 legislative office
after completing one term in office 6 as a state Senator and two terms
as a member of the 7 House of Representatives; and 8 WHEREAS, Senator
Banks service as Ranking Member 9 of the House Energy and Environmental
Protection 10 Committee and of the Senate Agriculture and Natural 11
Resources Appropriations Subcommittees is well 12 recognized; and 13
WHEREAS, Senator Banks dedication, leadership, and 14 expertise in the
area of state agricultural and 15 environmental policy are well
recognized; and 16 WHEREAS, Senator Banks has served honorably and has
17 unselfishly given of his time and efforts to further 18 the interests
of the State of Iowa and to provide 19 beneficial programs for the
citizens of Iowa; and 20 WHEREAS, Senator Banks has served on many
other 21 standing committees throughout his eight years of 22
legislative service and has been an influential and 23 devoted
legislator in this state; NOW THEREFORE, 24 BE IT RESOLVED BY THE
SENATE, That the Senate pay 25 tribute to Senator Bradly C. Banks for
his devoted 26 service to the Iowa General assembly and the citizens 27
of this state and wish him the very best in the years 28 ahead; and 29
BE IT FURTHER RESOLVED, That an official copy of 30 this Resolution be
prepared and presented to Senator
Page 2 1 Bradly C. Banks.
Several senators rose to express their tribute to Senator Banks.
Senator Rife moved the adoption of Senate Resolution 116 and
requested a record roll call.
President Boswell took the chair at 7:44 p.m.
On the question Shall the resolution be adopted? (S.R. 116) the
vote was:
Ayes, 47:
Bartz Bennett 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 Kramer Lind Lundby
Maddox McKean McLaren Neuhauser
Palmer Priebe Redfern Rensink
Rife Rittmer Sorensen Szymoniak
Tinsman Vilsack Zieman
Nays, 2:
Bisignano Murphy
Absent or not voting, 1:
Banks
The resolution was adopted.
Senator Banks will be presented with an engraved plaque and an
enrolled copy of Senate Resolution 116.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
2256 be immediately messaged to the House.
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 May 1, 1996, amended and passed the following bill in which
the concurrence of the Senate is asked:
Senate File 2265, a bill for an act relating to the required
participation of parents in a mandatory course prior to the granting of
a dissolution of marriage decree and certain other orders, and providing
an effective date (S-5885).
HOUSE AMENDMENT CONSIDERED
Senate File 2265
Senator Hammond called up for consideration Senate File 2265, a
bill for an act relating to the required participation of parents in a
mandatory course prior to the granting of a dissolution of marriage
decree and certain other orders, and providing an effective date,
amended by the House in House amendment S-5885 filed May 1, 1996.
Action on House amendment S-5885 and Senate File 2265 was deferred.
MOTION TO RECONSIDER ADOPTED
Senator Gronstal called up the motion to reconsider House File 400
filed by him on March 25, 1996, found on page 1026 of the Senate Journal
and moved its adoption.
On the question Shall the motion to reconsider be adopted? (H.F.
400) the vote was:
Ayes, 39:
Bartz Bennett Bisignano Black
Boettger Borlaug Boswell Connolly
Dearden Deluhery Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Kramer Lundby
McLaren Murphy Neuhauser Palmer
Priebe Redfern Rittmer Sorensen
Szymoniak Tinsman Vilsack
Nays, 9:
Douglas Hedge Iverson Jensen
Lind Maddox McKean Rensink
Zieman
Absent or not voting, 2:
Banks Rife
The motion prevailed.
Senator Gronstal moved to reconsider the vote by which House File
400 went to its last reading, which motion prevailed by a voice vote.
House File 400
On motion of Senator Gronstal, House File 400, a bill for an act
relating to the joint purchasing of equipment by political subdivisions
of the state, was taken up for reconsideration.
Senator Gronstal 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. 400) the vote was:
Ayes, 40:
Bartz Bennett Bisignano Boettger
Borlaug Boswell Connolly Dearden
Deluhery Douglas Drake Dvorsky
Fink Flynn Fraise Freeman
Gettings Giannetto Gronstal Halvorson
Hammond Hansen Horn Husak
Judge Kibbie Kramer Lind
Lundby McLaren Murphy Neuhauser
Palmer Priebe Redfern Rittmer
Sorensen Szymoniak Tinsman Vilsack
Nays, 8:
Black Hedge Iverson Jensen
Maddox McKean Rensink Zieman
Absent or not voting, 2:
Banks Rife
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that House File
400 be immediately messaged to the House.
The Senate stood at ease at 8:00 p.m. until the fall of the gavel.
The Senate resumed session at 8:07 p.m., President Boswell
presiding.
BUSINESS PENDING
Senate File 2265
The Senate resumed consideration of Senate File 2265, a bill for an
act relating to the required participation of parents in a mandatory
course prior to the granting of a dissolution of marriage decree and
certain other orders, and providing an effective date and House
amendment S-5885, previously deferred.
Senator Hammond moved that the Senate concur in House amendment
S-5885.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Hammond 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. 2265) the vote was:
Ayes, 43:
Bennett Bisignano Black Boettger
Borlaug Boswell Connolly Deluhery
Douglas Drake Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Hedge Horn Husak
Jensen Judge Kibbie Kramer
Lind Lundby Maddox McKean
McLaren Neuhauser Palmer Priebe
Redfern Rensink Rife Szymoniak
Tinsman Vilsack Zieman
Nays, 2:
Bartz Sorensen
Absent or not voting, 5:
Banks Dearden Iverson Murphy
Rittmer
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2265 be immediately messaged to the House.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senate Resolution 118
Senator Horn asked and received unanimous consent to take up the
following resolution:
1 SENATE RESOLUTION 118 2 By: committee on Rules and
Administration 3 A Resolution honoring Senator Tony Bisignano. 4
WHEREAS, Senator Tony Bisignano is retiring from 5 legislative office
after completing one term in office 6 as a state Senator and three terms
as a member of the 7 House of Representatives; and 8 WHEREAS, Senator
Bisignanos distinguished career 9 as a state legislator has included
service as the 10 Senate President Pro Tempore during the Seventy-sixth
11 General Assembly; and 12 WHEREAS, Senator Bisignanos service as
Chairperson 13 of the Economic Development Appropriations 14
Subcommittee and as Vice Chair of the Rules and 15 Administration
Committee and State Government 16 Committee is well recognized; and 17
WHEREAS, Senator Bisignanos dedication, 18 leadership, and skills as an
orator are well 19 recognized; and 20 WHEREAS, Senator Bisignano has
served honorably and 21 has unselfishly given of his time and efforts to
22 further the interests of the State of Iowa and to 23 provide
beneficial programs for the citizens of Iowa; 24 and 25 WHEREAS,
Senator Bisignano has served on many other 26 standing committees
throughout his ten years of 27 legislative service and has been an
influential and 28 devoted legislator in this state; NOW THEREFORE, 29
BE IT RESOLVED BY THE SENATE, That the Senate pay 30 tribute to Senator
Tony Bisignano for his devoted
Page 2 1 service to the Iowa General Assembly and the citizens 2 of this
state and wish him the very best in the years 3 ahead; and 4 BE IT
FURTHER RESOLVED, That an official copy of 5 this Resolution be prepared
and presented to Senator 6 Tony Bisignano.
Several senators rose to pay their tribute to Senator Bisignano.
Senator Horn moved the adoption of Senate Resolution 118, which
motion prevailed by a voice vote.
Senators Horn and Vilsack escorted Senator Bisignano to the well of
the Senate and he was presented with an engraved plaque an enrolled copy
of Senate Resolution 118. Senator Giannetto presented him with his
parking space sign.
Senator Bisignano addressed the Senate with brief remarks.
The Senate rose and expressed its final tribute to Senator
Bisignano.
MOTION TO RECONSIDER WITHDRAWN
House File 2481
Senator Murphy withdrew the following motion to reconsider filed by
him from the floor:
MR. PRESIDENT: I move to reconsider the vote by which House File
2481 passed the Senate on May 1, 1996.
Senator Horn asked and received unanimous consent that House File
2481 be immediately messaged to the House.
HOUSE MESSAGE RECEIVED AND CONSIDERED
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 May 1, 1996, adopted the following resolution in which the
concurrence of the Senate is asked:
House Concurrent Resolution 132, a concurrent resolution
recognizing the importance of the fossil crinoid.
This resolution was read first time and passed on file.
ADOPTION OF RESOLUTION
Senator Horn asked and received unanimous consent to take up for
consideration House Concurrent Resolution 132.
House Concurrent Resolution 132
On motion of Senator Dvorsky, House Concurrent Resolution 132, a
concurrent resolution recognizing the importance of the fossil crinoid,
was taken up for consideration.
Senator Dvorsky moved the adoption of House Concurrent Resolution
132, which motion prevailed by a voice vote.
Senator Hansen took the chair at 10:03 p.m.
HOUSE MESSAGES 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 May 1, 1996, amended and passed the following bill in which
the concurrence of the Senate is asked:
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 (S-5886).
LEADERSHIP RECOGNITION
The Chair invited Senators Boswell, Horn, Bisignano and Rife to the
well of the Senate.
Senator Boswell was presented with an inscribed gavel and Senators
Horn, Bisignano and Rife were presented with an inscribed desk clock on
behalf of the members of the Senate in recognition of their leadership
service during the Seventy-sixth General Assembly.
HOUSE AMENDMENT CONSIDERED
Senate File 2470
Senator Gronstal called up for consideration 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,
amended by the House, and moved that the Senate concur in House
amendment S-5886 filed May 1, 1996.
Action on House amendment S-5886 and Senate File 2470 was
deferred.
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 May 1, 1996, amended the Senate amendment, concurred in the
Senate amendment as amended, and passed the following bills in which the
concurrence of the Senate is asked:
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 (S-5887 to H-6054).
House File 2369, a bill for an act relating to the postdelivery
care requirements for mothers and newborns and providing for an
exception of follow-up care outside of the hospital setting (S-5888 to
H-5821).
HOUSE AMENDMENTS TO
SENATE AMENDMENTS CONSIDERED
House File 2369
Senator Gronstal called up for consideration House File 2369, a
bill for an act relating to the postdelivery care requirements for
mothers and newborns and providing for an exception of follow-up care
outside of the hospital setting, amended by the Senate, further amended
by the House and moved that the Senate concur in House amendment S-5888
to Senate amendment H-5821 filed May 1, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Gronstal 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. 2369) the vote was:
Ayes, 49:
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 Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Vilsack
Zieman
Nays, none.
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
House File 560
Senator Priebe called up for consideration 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, amended by the Senate, further amended by the House and moved
that the Senate concur in House amendment S-5887 to Senate amendment
H-6054 filed May 1, 1996.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Priebe 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. 560) the vote was:
Ayes, 48:
Bartz Bennett 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 Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, none.
Absent or not voting, 2:
Banks Bisignano
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
President Boswell took the chair at 10:32 p.m.
Senate File 2470
The Senate resumed consideration of 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 and House amendment
S-5886, previously deferred.
Senator Murphy moved that the Senate concur in the House amendment.
A record roll call was requested.
On the question Shall the motion to concur be adopted? (S.F. 2470)
the vote was:
Ayes, 40:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Douglas Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Halvorson Hammond
Hansen Horn Husak Jensen
Judge Kibbie Kramer Lundby
Maddox Murphy Neuhauser Palmer
Priebe Rensink Rittmer Sorensen
Szymoniak Tinsman Vilsack Zieman
Nays, 9:
Borlaug Drake Hedge Iverson
Lind McKean McLaren Redfern
Rife
Absent or not voting, 1:
Banks
The motion prevailed and the Senate concurred in the House
amendment.
Senator Murphy 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. 2470) the vote was:
Ayes, 38:
Bartz Bennett Bisignano Black
Boettger Boswell Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Freeman Gettings Giannetto
Gronstal Halvorson Hammond Hansen
Horn Husak Jensen Judge
Kibbie Kramer Lundby Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rittmer Sorensen Szymoniak
Tinsman Vilsack
Nays, 11:
Borlaug Douglas Drake Hedge
Iverson Lind Maddox McKean
McLaren Rife Zieman
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that House Files
560 and 2369 and Senate File 2470 be immediately messaged to the House.
CONFERENCE COMMITTEE REPORT ADOPTED
Senate File 2449
Senator Palmer called up the conference committee report on Senate
File 2449, a bill for an act changing the computation of the inflation
factors for the tax brackets and standard deduction under the individual
income tax; changing the computation of taxable income of certain
subchapter S corporations and their shareholders; increasing inheritance
tax exemptions for certain relatives; increasing the amount of the
appropriations for homestead credit, military service credit, and
low-income credit and reimbursement claims; providing income tax credits
for investing in a qualified venture capital company; establishing
incentives for family farm animal feeding operations and making an
appropriation; adjusting the funding for the family farm and
agricultural land tax credits; establishing a study of the property tax
system as the sole or major source of local funding and of alternate
sources of funding for school, city, and county services, the repayment
of bonds or other debt obligations, and capital improvements; and
providing effective and applicability date provisions, filed on April
17, 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 Palmer 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. 2449) the vote was:
Ayes, 43:
Bartz Bennett Black Boettger
Borlaug Boswell Connolly Deluhery
Douglas Drake Dvorsky Fink
Flynn Fraise Freeman Gettings
Giannetto Gronstal Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Tinsman Vilsack Zieman
Nays, 6:
Bisignano Dearden Halvorson Hammond
Neuhauser Szymoniak
Absent or not voting, 1:
Banks
The bill having received a constitutional majority was declared to
have passed the Senate and the title as amended was agreed to.
Senator Horn asked and received unanimous consent that Senate File
2449 be immediately messaged to the House.
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 May 1, 1996, concurred in the Senate amendment and passed
the following bill in which the concurrence of the House was asked:
House File 2481, a bill for an act relating to eligibility
criteria and benefits, including tax benefits to businesses under the
new jobs and income program and establishing a penalty.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 126, by committee on Rules and
Administration, a senate concurrent resolution to provide for
adjournment sine die.
Read first time and placed on calendar.
ADOPTION OF RESOLUTION
(Regular Calendar)
Senator Horn asked and received unanimous consent to take up for
immediate consideration Senate Concurrent Resolution 126.
Senate Concurrent Resolution 126
On motion of Senator Horn, Senate Concurrent Resolution 126, a
senate concurrent resolution to provide for adjournment sine die, was
taken up for consideration.
Senator Horn moved the adoption of Senate Concurrent Resolution
126, which motion prevailed by a voice vote.
Senator Horn asked and received unanimous consent that Senate
Concurrent Resolution 126 be immediately messaged to the House.
APPENDIX
EXPLANATION OF VOTE
MR. PRESIDENT: I was inadvertently absent from the Senate chamber
when the vote was taken on House File 2486. Had I been present, I would
have voted aye.
DENNIS BLACK
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: April 30, 1996, 11:30 a.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky,
Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge,
Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: none.
Committee Business: Amended and approved LSB 4436 as a committee bill.
Adjourned: 11:52 a.m.
TRANSPORTATION
Convened: May 1, 1996, 11:40 a.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
and Rittmer.
Members Absent: none.
Committee Business: Amended Senate Resolution 124 and ordered redrafted
as a new committee resolution.
Adjourned:11:50 a.m.
WAYS AND MEANS
Convened: May 1, 1996, 5:28 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: Murphy (excused).
Committee Business: Recommended passage of Senate File 2256.
Adjourned: 5:29 p.m.
CERTIFICATES OF RECOGNITION
The secretary of the senate issued the following certificates of
recognition:
Sandra Lake-Bullock, Davenport - For the Womens Encouragement Board
Leader Award, Barbara Douglas Award for Community Service, and Quad
Citian of the Year. Senator Tinsman (5-1-96).
Emily Pearson, Dubuque - For being selected a Northeast regional
winner for the Des Moines Registers 1996 Academic All State Team.
Senator Connolly (5-1-96).
Chad Johnson, Farragut - For his service as Chief Clerks Page in
the House during the 76th General Assembly. Senator McLaren (5-1-96).
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Thirty-three fourth grade students from Stanton Elementary School,
Stanton, accompanied by Karen Mead, Susan Peterson and Jill Kinser.
Senator McLaren.
MOTION TO RECONSIDER
MR. PRESIDENT: I move to reconsider the vote by which House File
2486 passed the Senate on May 1, 1996.
JACK RIFE
AMENDMENTS FILED
S-5875 S.F. 2464 O. Gene Maddox
Allen Borlaug
S-5876 S.F. 2469 Merlin E. Bartz
S-5877 S.F. 454 House amendment
S-5878 S.F. 2464 Michael E. Gronstal
O. Gene Maddox
Allen Borlaug
S-5879 S.R. 125 Jim Lind
S-5880 S.F. 2370 Michael E. Gronstal
Bill Fink
S-5881 S.F. 2256 Tom Vilsack
Randal J. Giannetto
Dennis H. Black
S-5882 S.F. 2370 Michael E. Gronstal
S-5883 S.F. 2370 Dennis H. Black
S-5884 S.F. 2256 Mary Kramer
S-5885 S.F. 2265 House amendment
S-5886 S.F. 2470 House amendment
S-5887 H.F. 560 House amendment
S-5888 H.F. 2369 House amendment
The Senate stood at ease at 11:30 p.m. until the fall of the gavel.
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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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