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SEVENTY-SECOND CALENDAR DAY FORTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 25, 1997 The Senate met in regular session at 9:16 a.m., President Kramer presiding. Prayer was offered by the Reverend Ray Stauffer, pastor of the United Methodist Church, Ruthven, Iowa. The Journal of Monday, March 24, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Horn until he arrives on request of Senator Palmer. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 24, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 642, a bill for an act relating to limited partnerships and the rights and duties of limited partners, partnership agreements, duties of the secretary of state with respect to limited partnerships, and other related matters affecting foreign and domestic limited partnerships, and establishing fees and penalties. This bill was read first time and passed on file. RECESS On motion of Senator Iverson, the Senate recessed at 9:29 a.m., until 3:30 p.m. 72nd Day TUESDAY, MARCH 25, 1997 769 APPENDIX SUBCOMMITTEE ASSIGNMENTS FOR APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees on March 24, 1997, to investigate the appointment of the following governor's appointees: JUDICIARY Administrator of the Division of Criminal and Juvenile Justice Planning: RICHARD G. MOORE: Redfern, Chair; Neuhauser and Maddox Members of the Board of Corrections: MILDRED E. ELLIOTT: Halvorson, Chair; Boettger and Maddox SUELLEN OVERTON: Fraise, Chair; Redfern and Boettger Members of the Board of Parole: CHARLES D. HURLEY: McKean, Chair; Redfern and Halvorson CURTIS S. JENKINS: Maddox, Chair; Redfern and Vilsack Members of the Commission on Judicial Qualifications: ELIZABETH A. MATHIS: Redfern, Chair; Vilsack and Boettger ARTHUR P. SILVA: Hansen, Chair; Maddox and Redfern Members of the Criminal and Juvenile Justice Planning Advisory Council: RICHARD R. PHILLIPS: Drake, Chair; Hammond and Redfern DAVID M. ROEDERER: Boettger, Chair; Neuhauser and McKean MARVIN L. VAN HAAFTEN: Vilsack, Chair; King and Angelo Director of the Department of Corrections: SALLY CHANDLER HALFORD: Maddox, Chair; Hammond and McKean Members of the Drug Abuse Prevention and Education Advisory Council: DOUGLAS W. BOOK: Halvorson, Chair; Redfern and McKibben RACHELLE L.K. JOHNSON: Neuhauser, Chair; Angelo and King Drug Enforcement and Abuse Prevention Coordinator: CHARLES W. LARSON: McKibben, Chair; Halvorson and Boettger 770 JOURNAL OF THE SENATE 72nd Day Members of the Iowa State Civil Rights Commission: BLANCA G. FLORES: Drake, Chair; Hammond and Angelo MOHAMAD W. KHAN: Vilsack, Chair; Tinsman and Angelo FLORA M. LEE: Hansen, Chair; Tinsman and McKibben JACK L. MORLAN: Maddox, Chair; Drake and Hammond ROBERT L. SMITH, JR.: Redfern, Chair; Neuhauser and King Members of the Narcotics Enforcement Advisory Council: JOSEPH W. HANRAHAN: Neuhauser, Chair; King and Maddox DEANNE K. RALEY: Hansen, Chair; Maddox and Angelo TERRY A. SWEENEY: Hammond, Chair; Drake and King Members of the State Judiciary Nominating Commission: DARLENE E. BLAKE: McKibben, Chair; Hansen and Maddox DONALD L. DECKER: Halvorson, Chair; Tinsman and McKibben State Public Defender: WILLIAM L. WEGMAN: McKean, Chair; McKibben and Hammond LOCAL GOVERNMENT Members of the City Development Board: SUSAN M. COSNER: Angelo, Chair; Fraise and Redwine HARLEY R. HIEMSTRA: Angelo, Chair; Fraise and Redwine Members of the County Finance Committee: JUDY R. EMMONS: Behn, Chair; Dearden and J. Black SHARON K. McCRABB: Behn, Chair; Dearden and J. Black SMALL BUSINESS, ECON. DEVELOP. AND TOURISM Members of the Iowa Economic Development Board: JULIE J. BULKELEY: Boettger, Chair; McCoy and King FREDERICK W. HAGEMANN: Schuerer, Chair; Palmer and King HARRIS D. HONSEY: Hansen, Chair; Redwine and Schuerer WILLIAM B. TRENT, JR.: King, Chair; Palmer and Schuerer Members of the Iowa Seed Capital Corporation: HUGH M. FIELD: Palmer, Chair; Redwine and Schuerer CAROL A. GARRETT: Hammond, Chair; Douglas and Boettger DORIS A. HANSEN: Hansen, Chair; Redwine and Schuerer Members of the Small Business Advisory Council: 72nd Day TUESDAY, MARCH 25, 1997 771 MICHAEL A. FESLER: McCoy, Chair; Lundby and Redwine MAX A. PHILLIPS: Flynn, Chair; King and Boettger PEGGY J. TREVINO: Hammond, Chair; Douglas and Boettger STATE GOVERNMENT Members of the Accountancy Examining Board: MARY J. ACKERMAN: King, Chair; Gronstal and Lundby RONALD E. NIELSEN: Deluhery, Chair; King and McKibben DAVID A. VAUDT: Kibbie, Chair; Drake and Rife Administrator of the Division of Latino Affairs: SYLVIA TIJERINA: Fink, Chair; Szymoniak and Tinsman Member of the Alcoholic Beverages Commission: DARYL K. HENZE: Rife, Chair; Kibbie and McLaren Members of the Architectural Examining Board: GLEN D. HUNTINGTON: Gronstal, Chair; King and Drake KEVIN W. MONSON: Fink, Chair; Tinsman and Rife Member of the Board for the Licensing and Regulation of Hearing Aid Dealers: CORAL M. JUD: Szymoniak, Chair; Drake and Lundby Members of the Board of Barber Examiners: PEGGY C. DUNSHEE: King, Chair; Gronstal and Drake DENNIS RUFFCORN: Halvorson, Chair; Lundby and Tinsman Members of the Board of Chiropractic Examiners: DR. ELIZABETH C. KRESSIN: Rife, Chair; Szymoniak and King NORMA J. PAPIK: Tinsman, Chair; Deluhery and Rife DR. VALORIE J. PRAHL: Szymoniak, Chair; Rife and Drake Members of the Board of Cosmetology Arts and Sciences Examiners: MICHAEL F. KRONFELDT: Drake, Chair; Deluhery and Lundby CURTIS W. STAMP: Deluhery, Chair; King and McKibben Members of the Board of Dental Examiners: ELIZABETH A. COLBY-PLAUTZ: Halvorson, Chair; McKibben and Lundby NANCY S. LE PEAU: Kibbie, Chair; King and Tinsman DR. LeROY I. STROHMAN: Halvorson, Chair; Lundby and McKibben Members of the Board of Dietetic Examiners: 772 JOURNAL OF THE SENATE 72nd Day MARY K. CARLSON: Szymoniak, Chair; King and Lundby ROGER B. LINN: Rife, Chair; Halvorson and Lundby ELVIN R. SOLL: Halvorson, Chair; Rife and Drake Members of the Board of Medical Examiners: DR. JAMES D. COLLINS, JR.: Drake, Chair; Kibbie and King DR. DONNA M. NORMAN: Szymoniak, Chair; Rife and Lundby LAURA J. STENSRUD: Rife, Chair; Halvorson and King Members of the Board of Mortuary Science Examiners: DANIEL K. DANIELSON: Halvorson, Chair; Lundby and Rife DIANE E. PALMER: Deluhery, Chair; Tinsman and Drake Member of the Board of Nursing Examiners: NANCY E. KNUTSTROM: Szymoniak, Chair; McKibben and Drake Members of the Board of Optometry Examiners: KATHERINE J. GILLETTE: Kibbie, Chair; Tinsman and Rife DR. RICHARD F. NOYES: Halvorson, Chair; Lundby and McKibben DR. BARBARA A. SCHEETZ: Szymoniak, Chair; Tinsman and King Members of the Board of Pharmacy Examiners: KATHERINE A. LINDER: King, Chair; Szymoniak and Tinsman ARLAN D. VAN NORMAN: Deluhery, Chair; Drake and McKibben Members of the Board of Physical and Occupational Therapy Examiners: JAMES E. HUGHES: Gronstal, Chair; King and Rife ALICE B. PRICE: Kibbie, Chair; Lundby and Rife Members of the Board of Podiatry Examiners: LILLIAN J. MADISON: Halvorson, Chair; Drake and Rife DR. RICKEY P. SALOCKER: Fink, Chair; King and Lundby Members of the Board of Psychology Examiners: DR. JANET S. McDONOUGH: Rife, Chair; Fink and Lundby DR. SCOTT W. SHAFER: Szymoniak, Chair; Tinsman and Rife Member of the Board of Social Work Examiners: ERLENE VeVERKA: Rife, Chair; Fink and King Members of the Board of Speech Pathology and Audiology Examiners: 72nd Day TUESDAY, MARCH 25, 1997 773 JULIA A. BEBENSEE: Szymoniak, Chair; King and Lundby GARY N. BOEKE: McKibben, Chair; Halvorson and Drake DR. CLIFFORD S. VOGEN: Rife, Chair; Halvorson and Drake Member of the Commission of Veterans Affairs: BARRY D. REMINGTON: Kibbie, Chair; Drake and Rife Director of the Department of Inspections and Appeals: KIM D. SCHMETT: Tinsman, Chair; Halvorson and King Members of the Engineering and Land Surveying Examining Board: SUSAN M. LONG: Kibbie, Chair; King and Szymoniak TERRY L. MARTIN: Deluhery, Chair; Tinsman and King Member of the Investment Board of the IPERS: DONALD E. SNYDER: Drake, Chair; Kibbie and McKibben Members of the Iowa Board of Veterinary Medicine: DR. BRUCE W. VAN ZEE: McLaren, Chair; Fink and Rife THERESA A. WALLACE: Rife, Chair; Kibbie and King Member of the Iowa Emergency Response Commission: JULIE-ANITA INGOLI: Fink, Chair; Rife and Drake Members of the Iowa Ethics and Campaign Disclosure Board: JAMES A. ALBERT: Rife, Chair; Fink and Drake GWENDOLYN M. BOEKE: King, Chair; Kibbie and Tinsman K. MARIE THAYER: McKibben, Chair; Drake and Kibbie Members of the Landscape Architectural Examining Board: CATHERINE S. BROWN: Gronstal, Chair; Lundby and Rife MONTY D. MITCHELL: Halvorson, Chair; Rife and Tinsman Members of the Real Estate Appraiser Examining Board: GARY J. JOHNSON: Kibbie, Chair; Drake and Rife NANCY M. LARSON: Deluhery, Chair; Rife and McKibben THERESA H. LEWIS: Szymoniak, Chair; Rife and Kibbie Members of the Real Estate Commission: RUSSELL D. NADING: Gronstal, Chair; Rife and McLaren EVELYN M. RANK: Fink, Chair; Lundby and Rife 774 JOURNAL OF THE SENATE 72nd Day Members of the State Board for Respiratory Care: DR. GREGORY A. HICKLIN: Deluhery, Chair; King and Lundby AMY M. LOVE: Rife, Chair; Gronstal and King WILLIAM J. MOTZ: Rife, Chair; Halvorson and Drake WILLIAM J. NIEDERT: Halvorson, Chair; Rife and Lundby DOROTHY D. WARREN: Szymoniak, Chair; Drake and Rife Members of the State Board of Examiners for Nursing Home Administrators: TERRY R. COOPER: Fink, Chair; Tinsman and McLaren HORACE C. DAGGETT: McLaren, Chair; King and Fink GARY A. KIRCHHOF: Fink, Chair; Tinsman and Rife DRUCILLA M. STRAUB: King, Chair; Kibbie and McLaren WILLIAM R. THAYER: Halvorson, Chair; McKibben and Rife Members of the State Racing and Gaming Commission: BRADLEY R. PEYTON: Drake, Chair; Tinsman and Fink HAROLD W. WHITE: McKibben, Chair; Kibbie and Rife TRANSPORTATION Director of Transportation: DARREL RENSINK: Drake, Chair; Borlaug and Gettings Members of the Iowa Law Enforcement Academy Council: JACQUELINE DAY: Drake, Chair; Borlaug and Gettings THOMAS C. LILLQUIST: McKean, Chair; fraise and McKibben Members of the State Transportation Commission: SISTER M. CATHERINE DUNN: Connolly, Chair; Drake and Jensen RONALD N. LANGSTON: Freeman, Chair; McCoy and Rittmer WAYS AND MEANS Members of the Iowa Finance Authority: KAY A. HAGEN ANDERSON: Borlaug, Chair; Freeman and Judge MARGARET D. COLLISON: Freeman, Chair; Maddox and Deluhery DARLENE M. JERIS: Borlaug, Chair; Freeman and Connolly Member of the State Board of Tax Review: CHRISTOPHER A. BJORNSTAD: Maddox, Chair; Redfern and Judge REPORT OF COMMITTEE MEETING APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: March 24, 1997, 11:05 a.m. 72nd Day TUESDAY, MARCH 25, 1997 775 Members Present: Kramer, Vice Chair and Neuhauser, Ranking Member. Members Absent: Rife, Chair; Deluhery and McLaren (all excused). Committee Business: Presentations from University of Iowa, Iowa State University and University of Northern Iowa regarding year 2000. Adjourned: 12:01 p.m. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 395, the following correction was made: 1. Page 3, line 3, the word and number "Section 4" were changed to the word and number "Section 6". MARY PAT GUNDERSON Secretary of the Senate PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: High School students from Grinnell-Newburg Schools, Grinnell, accompanied by Liz Hansen. Senator Black of Jasper. The following visitors were present in the Senate gallery: Twelfth grade students from Lake Mills High School, Lake Mills, accompanied by Jim Beamer. Senator Black of Kossuth. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to standing committees for investigation were placed on the En Bloc Calendar with recommendation for confirmation on March 25, 1997: HUMAN RESOURCES Dorothy A. Anderson and Thorald (Ted) E. Davidson ( Board of Behavioral Science Examiners. William L. Connet and Dr. James M. Cunningham ( Board of Physician Assistant Examiners. 776 JOURNAL OF THE SENATE 72nd Day Clemmie Hightower ( Commission of Elder Affairs. Jack F. Purcell ( Commission on the Deaf. Dr. Dale J. Andringa and F. Walter Tomenga ( Community Health Management Information System Governing Board. Margaret P. Guhin and Ruth L. Mosher ( Council on Human Services. Charles E. Rohm ( Iowa Council on Human Investment. Robert D. Walke ( Mental Health and Developmental Disabilities Commission. Jerry R. Foxhoven and Stanley S. Wierson ( State Citizen Foster Care Review Board. ANNOUNCEMENT OF APPOINTMENTS The majority leader announced that with the resignation of Senator Lind, the following individuals will be acting committee positions: STATE GOVERNMENT: Senator Rittmer, Acting Chair and Senator Lundby, Acting Vice Chair. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION: Senator McKibben, Acting Chair and Senator Rehberg, Acting Vice Chair. COMMITTEE REPORTS HUMAN RESOURCES Final Bill Action: HOUSE FILE 313, a bill for an act requiring criminal and child abuse record checks of persojns receiving state funding for providing child day care, and making a penalty applicable. Recommendation: DO PASS. Final Vote: Ayes, 13: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 545, a bill for an act relating to the criteria for placement of delinquent children, for whom guardianship has been transferred to the director of human services, in certain facilities. Recommendation: DO PASS. 72nd Day TUESDAY, MARCH 25, 1997 777 Final Vote: Ayes, 13: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 244, a bill for an act realting to the county debt service fund. Recommendation: DO PASS. Final Vote: Ayes, 12: Zieman, Behn, Fraise, Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, Redwine and Rehberg. Nays, none. Absent or not voting, 1: McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: HOUSE FILE 372, a bill for an act establishing a county issuance of motor vehicle licenses study and providing effective dates. Recommendation: DO PASS. Final Vote: Ayes, 12: Drake, Borlaug, McCoy, Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 416, a bill for an act relating to regulation of trucks and certain other large motor vehicles, including maximum vehicle weights, defining terms, providing effective dates, and making penalties applicable. Recommendation: DO PASS. Final Vote: Ayes, 12: Drake, Borlaug, McCoy, Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NOTICE OF HEARING Sally Chandler Halford appointed by the governor as Director of the Department of Corrections will appear before the Judiciary Committee on March 27, 1997, at 8:30 a.m., room 22, State Capitol Building. O. GENE MADDOX, Chair Senate Investigating Committee 778 JOURNAL OF THE SENATE 72nd Day STUDY BILL RECEIVED SSB 257 Ways and Means Providing a means for school districts to receive a portion the local sales and services tax imposed in the area of the district's boundaries which must be used for infrastructure projects. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 8 WAYS AND MEANS: McKibben, Chair; Freeman and Szymoniak Senate File 195 WAYS AND MEANS: Douglas, Chair; Deluhery and Drake Senate File 431 WAYS AND MEANS: McLaren, Chair; Drake and Judge Senate File 469 WAYS AND MEANS: Drake, Chair; McKibben and Palmer House File 367 SMALL BUSINESS, ECON. DEVELOP & TOURISM: King, Chair; Boettger and Hammond House File 372 TRANSPORTATION: Rittmer, Chair; Drake and Gettings House File 401 BUSINESS AND LABOR: Behn, Chair; Dearden and Freeman House File 514 COMMERCE: Douglas, Chair; McCoy and Redfern House File 557 COMMERCE: Gronstal, Chair; Deluhery, Jensen, Redfern and Schuerer House File 625 EDUCATION: Redfern, Chair; Connolly and Rehberg 72nd Day TUESDAY, MARCH 25, 1997 779 House File 646 TRANSPORTATION: Fraise, Chair; McKean and McKibben House File 661 JUDICIARY: McKibben, Chair; Neuhauser and Tinsman House File 687 AGRICULTURE: Rehberg, Chair; Judge and Rife SSB 253 WAYS AND MEANS: Palmer, Chair; Borlaug and Hedge SSB 254 WAYS AND MEANS: Douglas, Chair; Drake and Palmer SSB 255 WAYS AND MEANS: Drake, Chair; Connolly and Douglas SSB 256 AGRICULTURE: Kibbie, Chair; Bartz and Hedge SSB 257 WAYS AND MEANS: McKibben, Chair; Connolly and Douglas 780 JOURNAL OF THE SENATE 72nd Day AFTERNOON SESSION The Senate reconvened at 3:50 p.m., President Kramer presiding. QUORUM CALL Senator Black of Jasper requested a non record roll call to determine that a quorum was present. The vote revealed 38 present, 11 absent and a quorum present. UNFINISHED BUSINESS (Deferred March 24, 1997) Senate File 519 The Senate resumed consideration of Senate File 519, a bill for an act relating to the authorized use and users of the Iowa communications network and providing an effective date, deferred March 24, 1997. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-3220 filed by Senators Dvorsky and Jensen from the floor to page 3 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Rittmer until he returns on request of Senator Bartz. BUSINESS PENDING Senate File 519 The Senate resumed consideration of Senate File 519. Senator Rife 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. 519) the vote was: 72nd Day TUESDAY, MARCH 25, 1997 781 Ayes, 35: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Douglas Drake Flynn Fraise Freeman Hansen Hedge Iverson Jensen Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Vilsack Zieman Nays, 13: Connolly Dearden Deluhery Dvorsky Fink Gettings Gronstal Halvorson Hammond Horn Judge Neuhauser Szymoniak Absent or not voting, 1: Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen until he returns on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senate File 457 On motion of Senator Redwine, Senate File 457, a bill for an act relating to the Iowa pharmacy practice Act by permitting qualified individuals to transport emergency medications; permitting more than one emergency drug box in a licensed health care facility; providing for electronic signatures on prescriptions; establishing programs to aid impaired pharmacists, pharmacist interns, and pharmacy technicians; providing for board investigative subpoena power; and establishing a penalty, was taken up for consideration. 782 JOURNAL OF THE SENATE 72nd Day Senator Redwine offered amendment S-3225 filed by him from the floor to page 6 and the title page of the bill and moved its adoption. Amendment S-3225 was adopted by a voice vote. Senator Redwine 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. 457) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Jensen Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 429 On motion of Senator Freeman, Senate File 429, a bill for an act relating to the operation, regulation, and equipment of watercraft, and subjecting violators to a penalty, was taken up for consideration. Senator Flynn offered amendment S-3124 filed by him on March 13, 1997, to page 1 of the bill and moved its adoption. 72nd Day TUESDAY, MARCH 25, 1997 783 Amendment S-3124 was adopted by a voice vote. Senator Fink asked and received unanimous consent that action on Senate File 429 be deferred. Senate File 449 On motion of Senator Tinsman, Senate File 449, a bill for an act relating to state programs dealing with citizen and consumer protection and advocacy, was taken up for consideration. Senator Szymoniak offered amendment S-3166 filed by Senators Szymoniak, Lind and Tinsman on March 18, 1997, to page 2 of the bill and moved its adoption. Amendment S-3166 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Bartz until he returns on request of Senator Rittmer. BUSINESS PENDING Senate File 449 The Senate resumed consideration of Senate File 449. Senator Tinsman 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. 449) the vote was: Ayes, 47: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson 784 JOURNAL OF THE SENATE 72nd Day Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Bartz Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred February 27, 1997) Senate File 188 The Senate resumed consideration of Senate File 188, a bill for an act relating to the allocation of gambling receipts for horse race purses, deferred February 27, 1997. Senator Gronstal asked and received unanimous consent that action on Senate File 188 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gronstal until he returns upon his request. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 449, 457 and 519 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senate File 281 On motion of Senator Redfern, Senate File 281, a bill for an act relating to judicial administration, was taken up for consideration. 72nd Day TUESDAY, MARCH 25, 1997 785 Senator Redfern offered amendment S-3221 filed by him on March 25, 1997, to page 1 and 2 of the bill and moved its adoption. Amendment S-3221 was adopted by a voice vote. Senator Redfern offered amendment S-3114 filed by Senators Redfern and Neuhauser on March 5, 1997, to page 1 of the bill and moved its adoption. Amendment S-3114 was adopted by a voice vote. Senator Redfern 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. 281) the vote was: Ayes, 46: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Gronstal Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 435 On motion of Senator Boettger, Senate File 435, a bill for an act relating to the consideration by the court of a pattern of domestic 786 JOURNAL OF THE SENATE 72nd Day abuse and of the identity of the primary physical aggressor in the determination of a history of domestic abuse pertaining to the awarding of child custody, was taken up for consideration. Senator Boettger 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. 435) the vote was: Ayes, 46: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Gronstal Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR (Deferred March 17, 1997) Senate File 296 The Senate resumed consideration of Senate File 296, a bill for an act relating to nonoccupational health care plan payments when an employer disputes workers' compensation liability, deferred on March 17, 1997. 72nd Day TUESDAY, MARCH 25, 1997 787 Senator Neuhauser asked and received unanimous consent to withdraw amendment S-3167 filed by Senators Neuhauser and Kramer on March 18, 1997, to strike everything after the enacting clause and to the title page of the bill. Senator Redfern offered amendment S-3222 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3222 was adopted by a voice vote. With the adoption of amendment S-3222, the Chair announced that amendment S-3151 filed by Senator Dearden on March 18, 1997, to page 1 of the bill was out of order. Senator Redfern 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. 296) the vote was: Ayes, 46: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Gronstal Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 788 JOURNAL OF THE SENATE 72nd Day IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 281, 296 and 435 be immediately messaged to the House. BUSINESS PENDING Senate File 429 The Senate resumed consideration of Senate File 429, a bill for an act relating to the operation, regulation, and equipment of watercraft, and subjecting violators to a penalty, previously deferred. Senator Fink offered amendment S-3232 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3232 was adopted by a voice vote. Senator Freeman 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. 429) the vote was: Ayes, 46: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Gronstal Jensen 72nd Day TUESDAY, MARCH 25, 1997 789 The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senate File 442 On motion of Senator Halvorson, Senate File 442, a bill for an act relating to the designation of certain correctional facilities, was taken up for consideration. Senator Maddox asked and received unanimous consent that action on Senate File 442 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 429 be immediately messaged to the House. Senate File 341 On motion of Senator Kibbie, Senate File 341, a bill for an act prohibiting certain contracts for the delayed delivery and pricing of grain by agricultural producers and grain dealers, was taken up for consideration. Senator Kibbie offered amendment S-3184 filed by him on March 20, 1997, to page 1 of the bill and moved its adoption. Amendment S-3184 was adopted by a voice vote. Senator Kibbie 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. 341) the vote was: Ayes, 43: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky 790 JOURNAL OF THE SENATE 72nd Day Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Nays, 1: Zieman Absent or not voting, 5: Bartz Gronstal Jensen Maddox McKibben The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 357 On motion of Senator Rife, Senate File 357, a bill for an act relating to the regulation of amusement devices and casino-type gambling and subjecting violators to an existing penalty, was taken up for consideration. Senator Rife 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. 357) the vote was: Ayes, 46: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern 72nd Day TUESDAY, MARCH 25, 1997 791 Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Gronstal Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 341 and 357 be immediately messaged to the House. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 25, 1997, passed the following bills in which the concurrence of the House was asked: Senate File 233, a bill for an act concerning eligible alternative retirement benefit systems for newly employed community college employees, and providing an applicability date. Senate File 272, a bill for an act relating to the implementation of certain assistance programs of the department of economic development. Senate File 299, a bill for an act relating to cooperative associations and corporations by providing for operations and procedures, including providing for mergers, and providing an effective date. ALSO: That the House has on March 25, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 336, a bill for an act providing for the assessment of lands owned by the department of natural resources within levee and drainage districts. 792 JOURNAL OF THE SENATE 72nd Day This bill was read first time and passed on file. House File 410, a bill for an act relating to programs administered by the college student aid commission and establishing an osteopathic physician recruitment program. This bill was read first time and passed on file. House File 449, a bill for an act to prohibit sex acts when one participant was prevented from consenting by a controlled substance including flunitrazepam, and providing penalties. This bill was read first time and passed on file. House File 506, a bill for an act relating to community college operations including the duties of the board of directors of each community college. This bill was read first time and passed on file. House File 507, a bill for an act relating to the issuance or renewal of liquor control licenses and wine and beer permits by local authorities. This bill was read first time and passed on file. House File 542, a bill for an act to prohibit acts by inmates of jails or correctional institutions which result in contact with bodily fluids or secretions or the casting or expelling of bodily fluids or secretions on jail and correctional employees, and providing penalties. This bill was read first time and passed on file. House File 550, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. This bill was read first time and passed on file. House File 578, a bill for an act providing for the continued operation of the department of human rights and including an effective date. 72nd Day TUESDAY, MARCH 25, 1997 793 This bill was read first time and passed on file. House File 600, a bill for an act relating to notification of school officials of citations of juveniles for certain criminal offenses. This bill was read first time and passed on file. House File 635, a bill for an act to consider the use of less lethal munitions by peace officers not a use of deadly force. This bill was read first time and passed on file. House File 636, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date. This bill was read first time and passed on file. House File 666, a bill for an act to increase the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver amphetamine or any substance containing amphetamine. This bill was read first time and passed on file. House File 694, a bill for an act extending the provisions relating to the eradication of brucellosis to apply to animals other than bovine animals, making penalties applicable, and providing an effective date. This bill was read first time and passed on file. 794 JOURNAL OF THE SENATE 72nd Day APPENDIX GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to standing committees for investigation were placed on the En Bloc Calendar with recommendation for confirmation on March 25, 1997: LOCAL GOVERNMENT Susan M. Cosner and Harley R. Hiemstra ( City Development Board. Judy R. Emmons and Sharon K. McCrabb ( County Finance Committee. NATURAL RESOURCES William A. Ehm, Randal J. Giannetto, Rozanne E. King, Kathryn A. Murphy and Terrance G. Townsend ( Environmental Protection Commission. Jacklyn K. Van Ekeren ( Iowa Comprehensive Petroleum Underground Storage Tank Fund. Richard E. Garrels and Anthony L. Hough ( Natural Resource Commission. JoAnn M. Brincks, David L. Holmes and Yvonne M. Wente ( Renewable Fuels and Coproducts Advisory Committee. Allan T. Thoms, Chair and Emmit J. George, Jr., member ( Utilities Board. STATE GOVERNMENT Mary J. Ackerman, Ronald E. Nielsen and David A. Vaudt ( Accountancy Examining Board. Daryl K. Henze, Alcoholic Beverages Commission. Peggy C. Dunshee ( Board of Barber Examiners. Michael F. Kronfeldt and Curtis W. Stamp ( Board of Cosmetology Arts and Sciences Examiners. Dr. Elizabeth C. Kressin, Norma J. Papik and Dr. Valorie J. Prahl ( Board of Chiropractic Examiners. Nancy S. Le Peau and Dr. LeRoy I. Strohman ( Board of Dental Examiners. Dr. James D. Collins, Jr., Dr. Donna M. Norman and Laura J. Stensrud ( Board of Medical Examiners. Nancy E. Knutstrom ( Board of Nursing Examiners. 72nd Day TUESDAY, MARCH 25, 1997 795 Katherine J. Gillette and Dr. Barbara A. Scheetz ( Board of Optometry Examiners. Horace C. Daggett, Drucilla M. Straub and William R. Thayer ( State Board of Examiners for Nursing Home Administrators. WAYS AND MEANS Margaret D. Collison ( Iowa Finance Authority. GOVERNOR'S APPOINTEES PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointees assigned to a standing committee for investigation were placed on the Individual Confirmation Calendar with recommendation for confirmation on March 25, 1997: STATE GOVERNMENT Daniel K. Danielson and Diane E. Palmer ( Board of Mortuary Science Examiners. COMMITTEE REPORTS JUDICIARY Final Bill Action: HOUSE FILE 232, a bill for an act providing for court-ordered treatment of a criminal defendant judged mentally incapable of standing trial. Recommendation: DO PASS. Final Vote: Ayes, 8: Maddox, Angelo, Boettger, Halvorson, Hammond, King, McKibben and Tinsman. Nays, 5: Neuhauser, Drake, Fraise, Hansen and Vilsack. Pass, 1: McKean. Absent, 1: Redfern. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 265, a bill for an act relating to the affirmation and reenactment of certain provisions affecting the criminal and juvenile laws, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: 796 JOURNAL OF THE SENATE 72nd Day Final Bill Action: HOUSE FILE 307, a bill for an act relating to the definition of an owner of a mercantile establishment for purposes of recovery of merchandise or damages. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 308, a bill for an act relating to notification requirements for communications between a debt collector and a debtor. Recommendation: DO PASS. Final Vote: Ayes, 8: McKean, Maddox, Angelo, Boettger, Drake, King, McKibben and Redfern. Nays, 7: Neuhauser, Fraise, Halvorson, Hammond, Hansen, Tinsman and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 384, a bill for an act to include certain products containing ephedrine as schedule V controlled substances. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECON. DEVELOP. AND TOURISM Final Bill Action: HOUSE FILE 368, a bill for an act relating to the establishment of the entrepreneurial ventures assistance program and allocating funds from the Iowa strategic investment fund for the administration and operation of the program. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Lundby, Hansen, Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine and Schuerer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 72nd Day TUESDAY, MARCH 25, 1997 797 STATE GOVERNMENT Final Bill Action: HOUSE FILE 335, a bill for an act relating to public health issues under the purview of the Iowa department of public health, including vital statistics, the board of nursing examiners, the board of dental examiners, lead poisoning, the immunization registry, the child death review team, plumbing provisions and fees, and providing a penalty and a contingent effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3229. Final Vote: Ayes, 14: Rittmer, Lundby, Kibbie, Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 187, a bill for an act relating to the issuance of licenses and the imposition of fees for the fishing, trapping, hunting, pursuing, catching, killing, or taking of wild animals, birds, game, or fish, providing for other properly related matters, and subjecting violators to existing penalties, and providing effective and applicability dates. Recommendation: DO PASS. Final Vote: Ayes, 10: Douglas, McKibben, Palmer, Borlaug, Freeman, Hedge, Judge, Maddox, Redfern and Szymoniak. Nays, none. Absent or not voting, 5: Connolly, Deluhery, Drake, McLaren and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 246, a bill for an act realting to snowmobiles and all-terrain vehicles by requiring title certificates, incrreasing snowmobile and all- terrain vehicle registration fees, and providing for point of sale registration. Recommendation: DO PASS. Final Vote: Ayes, 10: Douglas, McKibben, Palmer, Borlaug, Freeman, Hedge, Judge, Maddox, Redfern and Szymoniak. Nays, none. Absent or not voting, 5: Connolly, Deluhery, Drake, McLaren and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: 798 JOURNAL OF THE SENATE 72nd Day Final Bill Action: HOUSE FILE 495, a bill for an act relating to certain machinery, equipment, and computers for purposes of property taxation and providing an applicability date. Recommendation: DO PASS. Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Connolly, Drake, Freeman, Hedge, Judge, Maddox, Redfern and Szymoniak. Nays, none. Absent or not voting, 3: Deluhery, McLaren and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S(3219 S. F. 241 Merlin E. Bartz S(3220 S. F. 519 Robert Dvorsky John Jensen S(3221 S. F. 281 Donald B. Redfern S(3222 S. F. 296 Donald B. Redfern S(3223 S. F. 241 Merlin E. Bartz S(3224 S. F. 516 Maggie Tinsman S(3225 S. F. 457 John Redwine S(3226 S. F. 503 Allen Borlaug Jeff Angelo Patrick J. Deluhery Tom Flynn S(3227 S. F. 503 Matt McCoy S(3228 S. F. 225 Robert Dvorsky Sheldon Rittmer S(3229 H. F. 335 State Government S(3230 S. F. 367 Merlin E. Bartz S(3231 H. F. 331 Mary Neuhauser S(3232 S. F. 429 Bill Fink S(3233 S. F. 451 Lyle E. Zieman BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: H. F. 336 Agriculture H. F. 410 Education 72nd Day TUESDAY, MARCH 25, 1997 799 H. F. 506 Education H. F. 507 Local Government H. F. 578 Human Resources H. F. 635 Judiciary H. F. 642 Ways and Means H. F. 645 Local Government H. F. 655 Appropriations H. F. 666 Judiciary ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:40 p.m., until 9:00 a.m., Wednesday, March 26, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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