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SEVENTY-EIGHTH CALENDAR DAY FORTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 31, 1997 The Senate met in regular session at 1:11 p.m., President Kramer presiding. Prayer was offered by Marvin Boldt, Chaplain of the Iowa Fireman's Association, Traer, Iowa. The Journals of Wednesday, March 26, and Thursday, March 27, 1997, were approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Horn for the day on request of Senator Gronstal and Senator Black of Kossuth for the day on request of Senator Hedge. SPECIAL GUESTS Senator Iverson introduced the All City Drum Corps from Cedar Rapids, Iowa, who performed in the Senate Chamber. The Corps performed at the Inaugural Parade in Washington, D.C. in January, 1997. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 39 present, 10 absent and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senate File 523 On motion of Senator Tinsman, Senate File 523, a bill for an act relating to health care facilities by requiring employment checks of 848 JOURNAL OF THE SENATE 78th Day health care facility employees and providing for a registry of persons who are certified as a nurse aide or medication aide, was taken up for consideration. Senator Tinsman offered amendment S-3276 filed by Senators Tinsman and Boettger on March 26, 1997, to pages 1-3 and the title page of the bill and moved its adoption. Amendment S-3276 was adopted by a voice vote. Senator McCoy asked and received unanimous consent that action on Senate File 523 be deferred. Senate File 526 On motion of Senator Tinsman, Senate File 526, a bill for an act providing for the establishment of a healthy opportunities for parents to experience success-healthy families Iowa program by the Iowa department of public health, was taken up for consideration. 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. 526) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen 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: Black, J. Horn 78th Day MONDAY, MARCH 31, 1997 849 The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 516 On motion of Senator Tinsman, Senate File 516, a bill for an act revising public assistance provisions involving the family investment, job opportunities and basic skills, food stamp, and medical assistance programs administered by the department of human services, amending certain child support provisions, providing for fraudulent practices, and providing effective dates, was taken up for consideration. Senator Tinsman offered amendment S-3224 filed by her on March 25, 1997, to pages 5, 7, 13, 28 and 31 of the bill and moved its adoption. Amendment S-3224 was adopted by a voice vote. 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. 516) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen 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: Black, J. Horn 850 JOURNAL OF THE SENATE 78th Day 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 516 and 526 be immediately messaged to the House. INTRODUCTION OF BILL Senate File 529, by committee on Appropriations, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. Read first time and placed on Appropriations Calendar. 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 26, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 612, a bill for an act relating to child support recovery, providing penalties, and providing effective dates. This bill was read first time and assigned to committee on Human Resources. ALSO: That the House has on March 27, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 202, a bill for an act relating to the issuance of free deer hunting licenses to owners and tenants of farm units. This bill was read first time and assigned to committee on Natural Resources and Environment. House File 448, a bill for an act providing for the establishment of a lien by licensed professionals against damages collected by an injured patient and providing a penalty. 78th Day MONDAY, MARCH 31, 1997 851 This bill was read first time and assigned to committee on Judiciary. House File 579, a bill for an act relating to the membership of the medical assistance advisory council. This bill was read first time and assigned to committee on Human Resources. House File 613, a bill for an act relating to linked deposit investment programs. This bill was read first time and assigned to committee on Small Business, Economic Development and Tourism. House File 684, a bill for an act relating to county regulation of road rights-of-way. This bill was read first time and assigned to committee on Transportation. House File 704, a bill for an act relating to substantive and other provisions affecting the state department of transportation and driver, motor vehicle, and highway regulation, including the definition of road work zones, registration fees for certain disaster relief vehicles, providing grounds for refusing renewal of vehicle registrations, regulation of intrastate motor carriers, imposing fees, providing for an electronic titling and registration program, creating, eliminating, or enhancing penalties, and providing effective dates. This bill was read first time and assigned to committee on Transportation. RECESS On motion of Senator Iverson, the Senate recessed at 2:06 p.m., until 3:00 p.m. 852 JOURNAL OF THE SENATE 78th Day APPENDIX PETITITONS The following petitions were presented and placed on file by: Senator Dvorsky from 119 residents of Johnson County favoring legislation to have the state of Iowa opt. out of federal provisions that make convicted drug offenders ineligible for food stamps and other benefits. Senator Maddox from 82 residents of Polk and surrounding counties supporting the state funding of public libraries throughout Iowa. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: March 27, 1997, 9:55 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rife, Rittmer, Tinsman and Vilsack. Members Absent: Jensen and Rensink (both excused). Committee Business: Approved SSB 233 as a committee bill. Adjourned: 10:45 a.m. JUDICIARY Convened: March 27, 1997, 10:15 a.m. Members Present: McKean, Chair; Angelo, Boettger, Drake, Fraise, Halvorson, Hansen, McKibben and Redfern. Members Absent: Maddox, Vice Chair; Neuhauser, Ranking Member; Hammond, King, Tinsman and Vilsack (all excused). Committee Business: Assigned bills to subcommittees and recommended confirmation of governor's appointees. Adjourned: 10:40 a.m. 78th Day MONDAY, MARCH 31, 1997 853 WAYS AND MEANS Convened: March 27, 1997, 11:14 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Drake, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Members Absent: Freeman (excused). Committee Business: Assigned bills to subcommittees; placed governor's appointees on en bloc calendar; amended and approved Senate File 469 as a committee bill; recommended passage of House Files 126 and 330. Adjourned: 12:01 p.m. PLACEMENT ON INDIVIDUAL CONFIRMATION CALENDAR MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the name of Ronald N. Langston to the State Transportation Commission be removed from the "En Bloc Confirmation Calendar'' and placed on the "Individual Confirmation Calendar." MATT McCOY GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee assigned to a standing committee for investigation was placed on the En Bloc Calendar with recommendation for confirmation on March 31, 1997: JUDICIARY William L. Wegman, State Public Defender. COMMITTEE REPORT APPROPRIATIONS Final Bill Action: *SENATE FILE 529 (SSB 233), a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. Recommendation: APPROVED COMMITTEE BILL. Final Vote Ayes, 21: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Hammond, Hedge, Horn, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rife, Rittmer, Tinsman and Vilsack. Nays, 2: Gronstal and Halvorson. Absent or not voting, 2: Jensen and Rensink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 854 JOURNAL OF THE SENATE 78th Day *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 529 and they were attached to the committee report. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. C. R. 11 Agriculture S. C. R. 12 Natural Resources and Environment H. F. 686 Transportation H. F. 688 Transportation H. F. 697 State Government H. F. 707 Judiciary SUBCOMMITTEE ASSIGNMENTS House Concurrent Resolution 15 EDUCATION: Redfern, Chair; Angelo and Szymoniak House File 410 EDUCATION: Redwine, Chair; J. Black and Szymoniak House File 506 EDUCATION: Rehberg, Chair; Kibbie and Tinsman House File 684 TRANSPORTATION: Freeman, Chair; Borlaug and Fraise House File 686 TRANSPORTATION: McKean, Chair; Halvorson and Jensen House File 688 TRANSPORTATION: Gettings, Chair; Drake and Rittmer House File 704 TRANSPORTATION: Borlaug, Chair; Drake, Gettings, McCoy and Rittmer 78th Day MONDAY, MARCH 31, 1997 855 AMENDMENTS FILED S(3278 S. F. 418 Donald B. Redfern S(3279 S. F. 99 O. Gene Maddox S(3280 S. F. 79 Tom Vilsack S(3281 S. F. 515 Johnie Hammond S(3282 S. F. 515 Johnie Hammond S(3283 S. F. 79 Rod Halvorson S(3284 S. F. 515 William D. Palmer S(3285 S. F. 362 Dennis H. Black S(3286 S. F. 397 Donald B. Redfern Michael E. Gronstal JoAnn Douglas Patrick J. Deluhery S(3287 S. F. 397 Donald B. Redfern Michael E. Gronstal JoAnn Douglas Patrick J. Deluhery 856 JOURNAL OF THE SENATE 78th Day AFTERNOON SESSION The Senate reconvened at 3:20 p.m., President Kramer presiding QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 38 present, 11 absent and a quorum present. BILL REFERRED TO COMMITTEE Senate Iverson asked and received unanimous consent that House File 687 be referred from the Regular Calendar to the committee on Ways and Means. UNFINISHED BUSINESS CALENDAR (Deferred March 27, 1997) Senate File 79 The Senate resumed consideration of Senate File 79, a bill for an act relating to a moratorium on the issuance of new licenses to conduct gambling games and providing an effective date and amendment S-3262 by Senator McLaren to page 1 of the bill, deferred March 27, 1997. Senator Vilsack offered amendment S-3275 filed by him on March 27, 1997, to amendment S-3262 and moved its adoption. Amendment S-3275 was adopted by a voice vote. Senator Vilsack withdrew amendment S-3280 filed by him from the floor to amendment S-3262. Senator Halvorson offered amendment S-3283 filed by him from the floor to amendment S-3262 and moved its adoption. Amendment S-3283 lost by a voice vote. 78th Day MONDAY, MARCH 31, 1997 857 Senator McLaren moved the adoption of amendment S-3262 as amended, which motion prevailed by a voice vote. With the adoption of amendment S-3262 as amended, the Chair ruled amendment S-3035 filed by Senator Halvorson on February 4, 1997, to page 1 of the bill, out of order. Senator Hansen withdrew amendment S-3034 filed by him on February 4, 1997, to page 1 of the bill. Senator McLaren 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. 79) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 2: Gettings Judge Absent or not voting, 2: Black, J. Horn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 79 be immediately messaged to the House. 858 JOURNAL OF THE SENATE 78th Day BUSINESS PENDING Senate File 523 The Senate resumed consideration of Senate File 523, a bill for an act relating to health care facilities by requiring employment checks of health care facility employees and providing for a registry of persons who are certified as a nurse aide or medication aide, previously deferred. Senator McCoy offered amendment S-3290 filed by him from the floor to page 3 of the bill and moved its adoption. Amendment S-3290 was adopted by a voice vote. 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. 523) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen 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: Black, J. Horn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 78th Day MONDAY, MARCH 31, 1997 859 Senator Iverson asked and received unanimous consent that Senate File 523 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senate File 362 On motion of Senator Bartz, Senate File 362, a bill for an act establishing a wildlife depredation unit within the department of natural resources, allowing the discharge of firearms in state parks for certain purposes, providing for the issuance of additional free deer hunting licenses, subjecting violators to an existing penalty, and providing an effective date, was taken up for consideration. Senator Lundby offered amendment S-3161 filed by her on March 18, 1997, to pages 1, 2 and the title page of the bill. Senator Bartz called for a division of amendment S-3161: lines 1- 10 and 17-24 as division S-3161A, and lines 11-16 as division S- 3161B. Senator Lundby moved the adoption of division S-3161A. A record roll call was requested. On the question "Shall division S-3161A be adopted?" (S.F. 362) the vote was: Ayes, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond 860 JOURNAL OF THE SENATE 78th Day Hansen Hedge Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Absent or not voting, 3: Black, J. Horn Rife Division S-3161A was adopted. Senator Lundby moved the adoption of division S-3161B, which motion lost by a voice vote. Senator Judge asked and received unanimous consent that action on Senate File 362 be deferred. UNFINISHED BUSINESS CALENDAR (Deferred March 26, 1997) Senate File 515 The Senate resumed consideration of Senate File 515, a bill for an act relating to juvenile justice and youthful offenders, by making changes in provisions relating to illegal purchase or possession of alcohol and tobacco by juveniles and youthful offenders, making changes relating to dramshop liability, providing for notification of school officials of possession of alcohol by students, providing for the taking of fingerprints and photographs of certain juveniles, permitting victims to make oral victim impact statements in juvenile proceedings, making changes related to the supplying of alcohol to persons under the age of twenty-one, providing for sharing of information regarding delinquent juveniles and juveniles under the jurisdiction of various social services agencies, providing for shared jurisdiction between the adult and juvenile courts over youthful offenders, changing the criteria for placement in the state training school or other facility, making changes relating to state reimbursement for expenses of court-appointed attorneys in juvenile court, permitting the release of information relating to juveniles who have escaped from a detention facility, providing for notification of juvenile court authorities of unexcused absences or suspensions or expulsions of students who are on probation, providing for bailiff and other law enforcement assistance to associate juvenile judges, 78th Day MONDAY, MARCH 31, 1997 861 including arrest or disposition or custody or adjudication data in criminal history data kept by the department of public safety, authorizing school officials to conduct searches of students and their lockers and other spaces and to report possession or use of alcohol or controlled substances to law enforcement authorities, deferred March 26, 1997. Senator Fink offered amendment S-3291 filed by him from the floor to page 1 of the bill and moved its adoption. A non record roll call was requested. The ayes were 13, nays 33. Amendment S-3291 lost. Senator Maddox offered amendment S-3236 filed by Senators Maddox, et al., on March 26, 1997, to pages 1, 3, 4, 5, 8, 17, 20 and the title page of the bill. Senator Maddox withdrew amendment S-3295 filed by him from the floor to amendment S-3236. Senator Hammond offered amendment S-3282 filed by her from the floor to amendment S-3236. Senator Drake asked and received unanimous consent that action on amendment S-3282 to amendment S-3236, amendment S-3236 and Senate File 515 be deferred. MOTION TO RECONSIDER ADOPTED Senator Bartz called up the motion to reconsider Senate File 241 filed by him on March 26, 1997, found on page 834 of the Senate Journal and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 241) the vote was: 862 JOURNAL OF THE SENATE 78th Day Ayes, 43: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Judge Kibbie King Kramer Lundby McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Freeman Jensen Maddox Absent or not voting, 3: Black, J. Horn Rife Senator Bartz moved to reconsider the vote by which Senate File 241 went to its last reading, which motion prevailed by a voice vote. Senate File 241 On motion of Senator Bartz, Senate File 241, a bill for an act adopting the uniform transfer on death security registration Act, was taken up for reconsideration. Senator Vilsack offered amendment S-3292 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3292 was adopted by a voice vote. Senator Bartz 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. 241) the vote was: 78th Day MONDAY, MARCH 31, 1997 863 Ayes, 47: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen 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: Black, J. Horn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 241 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senate File 109 On motion of Senator King, Senate File 109, a bill for an act relating to workers' compensation coverage for employment outside of the state, with report of committee recommending passage, was taken up for consideration. Senator King withdrew amendment S-3204 filed by him on March 24, 1997, to strike everything after the enacting clause and to the title page of the bill. Senator King offered amendment S-3289 filed by him from the floor to page 1 of the bill. 864 JOURNAL OF THE SENATE 78th Day Senator Dearden asked and received unanimous consent that action on amendment S-3289 and Senate File 109 be deferred. Senate File 397 On motion of Senator Jensen, Senate File 397, a bill for an act relating to the acquisition of a branch of a savings association by a newly chartered bank and providing an effective date, was taken up for consideration. Senator Redfern asked and received unanimous consent to withdraw amendments S-3286 and S-3287 filed by Senators Redfern, et al., from the floor to page 1 of the bill. Senator Jensen asked and received unanimous consent that House File 475 be substituted for Senate File 397. Senator Jensen asked and received unanimous consent that action on House File 475 be deferred. BUSINESS PENDING Senate File 362 The Senate resumed consideration of Senate File 362, a bill for an act establishing a wildlife depredation unit within the department of natural resources, allowing the discharge of firearms in state parks for certain purposes, providing for the issuance of additional free deer hunting licenses, subjecting violators to an existing penalty, and providing an effective date, previously deferred. Senator Bartz filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which division S-3161A to Senate File 362 was adopted by the Senate on March 31, 1997. The motion prevailed by a voice vote and division S-3161A by Senator Lundby to pages 1, 2 and the title page of the bill was taken up for reconsideration. 78th Day MONDAY, MARCH 31, 1997 865 (Action on division S-3161A was temporarily deferred. Senator Judge withdrew amendment S-3237 filed by her on March 26, 1997, to page 2 and the title page of the bill. Senator Judge withdrew amendment S-3238 filed by her on March 26, 1997, to page 2 and the title page of the bill. The Chair ruled amendment S-3246 to amendment S-3238 filed by Senator Judge on March 26, 1997, top page 1 of the bill, out of order. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack for the remainder of the day on request of Senator Gronstal. BUSINESS PENDING Senate File 362 The Senate resumed consideration of Senate File 362. Senator Judge offered amendment S-3297 filed by her from the floor to pages 1, 2 and the title page of the bill and moved its adoption. Amendment S-3297 lost by a voice vote. The Senate resumed consideration of division S-3161A by Senator Lundby to pages 1 and 2 of the bill, previously deferred. Senator Lundby moved the adoption of division S-3161A. A non record roll call was requested. The ayes were 31, nays 14. Division S-3161A was adopted. 866 JOURNAL OF THE SENATE 78th Day Senator Bartz offered amendment S-3123 filed by him on March 12, 1997, to page 1 of the bill. Senator Black of Jasper offered amendment S-3285 filed by him from the floor to amendment S-3123 and moved its adoption. Amendment S-3285 lost by a voice vote. Senator Bartz moved the adoption of amendment S-3123, which motion prevailed by a voice vote. Senator Bartz 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. 362) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: Black, J. Horn Neuhauser Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 362 be immediately messaged to the House. 78th Day MONDAY, MARCH 31, 1997 867 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 bill in which the concurrence of the Senate is asked: House File 685, a bill for an act relating to the required business hours of a motorcycle dealer. This bill was read first time and passed on file. ALSO: That the House has on March 31, 1997, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 433, a bill for an act relating to the definition and location of a land-leased community (S-3296). ALSO: That the House has on March 31, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 453, a bill for an act relating to the grounds for termination of parental rights of a putative father. This bill was read first time and passed on file. House File 456, a bill for an act relating to city civil service and providing an effective date. This bill was read first time and passed on file. House File 485, a bill for an act relating to drainage districts by eliminating notice by petitioning landowners regarding the establishment of subdistricts. This bill was read first time and passed on file. House File 644, a bill for an act relating to the relationship between a real estate broker or salesperson and parties to certain real estate transactions and providing an effective date. 868 JOURNAL OF THE SENATE 78th Day This bill was read first time and passed on file. House File 674, a bill for an act providing a cause of action against the state for wrongful imprisonment. This bill was read first time and passed on file. House File 680, a bill for an act relating to election of mayors in certain cities and providing an immediate effective date. This bill was read first time and passed on file. House File 692, a bill for an act relating to the criteria for issuance of handicapped special plates and making a civil penalty applicable. This bill was read first time and passed on file. REASSIGNMENT OF GOVERNOR'S APPOINTMENT Senator Gronstal asked and received unanimous consent to refer the governor's appointee as Chair of the Utilities Board from the committee on Natural Resources to the committee on Commerce. 78th Day MONDAY, MARCH 31, 1997 869 APPENDIX BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 31st day of March, 1997: Senate Files 233, 272, 292 and 299. MARY PAT GUNDERSON Secretary of the Senate COMMITTEE REPORTS BUSINESS AND LABOR Final Bill Action: SENATE FILE 361, a bill for an act relating to the state workers' compensation coverage for students participating in school-to-work programs and providing for related matters. Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, Schuerer and Zieman. Nays, none. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 167, a bill for an act relating to eligibility requirements for workers' compensation. Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, Schuerer and Zieman. Nays, none. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 370, a bill for an act relating to workers' compensation benefits for professional athletes and providing an effective date. Recommendation: DO PASS. 870 JOURNAL OF THE SENATE 78th Day Final Vote: Ayes, 9: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, and Zieman. Nays, none. Absent or not voting, 2: Horn and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 398, a bill for an act relating to subject matter under the regulatory authority of the labor commissioners, including the construction contractors law, and making nonsubstantive Code corrections relating to the child labor law. Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, Schuerer and Zieman. Nays, none. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 399, a bill for an act relating to inspections of unfired steam pressure vessels. Recommendation: DO PASS. Final Vote: Ayes, 9: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, and Zieman. Nays, none. Absent or not voting, 2: Horn and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 401, a bill for an act relating to state government personnel procedures including job classifications, pay plans, employee recall from layoff, and abolishing the personnel commission. Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, Schuerer and Zieman. Nays, none. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 589, a bill for an act relating to professional boxing and wrestling matches, providing for properly related matters, and providing for a tax and for penalties. 78th Day MONDAY, MARCH 31, 1997 871 Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, King, Dearden, Behn, Freeman, Gettings, Jensen, Palmer, Schuerer and Zieman. Nays, none. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 4, a bill for an act relating to the office of city assessor in certain counties. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 645, a bill for an act relating to the financial and regulatory procedures of counties, cities, and drainage districts, by amending the powers and duties of county treasurers and including an effective date provision. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3298. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 250, a bill for an act establishing a program in the department of natural resources to provide major maintenance and infrastructure improvements to existing state parks and other public facilities and making appropriations. Recommendation: DO PASS. Final Vote: Ayes, 15: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben, Rehberg and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 872 JOURNAL OF THE SENATE 78th Day 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 31, 1997: EDUCATION Nick Benzing, Judith J. Brueggeman and Martha J. Cumpton, Board of Educational Examiners. David W. Belin and Mary E. Gesiriech, First in the Nation in Education Foundation Governing Board. John V. Hartung, Iowa Higher Education Loan Authority. Wayne F. Drexler, School Budget Review Committee. Lisa E. Ahrens and Dr. Clarkson L. Kelly, State Board of Regents. STATE GOVERNMENT Sylvia Tijerina, Administrator of the Division of Latino Affairs. Glen D. Huntington and Kevin W. Monson, Architectural Examining Board. Dennis Ruffcorn, Board of Barber Examiners. Dr. Richard F. Noyes, Board of Optometry Examiners. Dr. Rickey P. Salocker, Board of Podiatry Examiners. Julie-Anita Ingoli, Iowa Emergency Response Commission. Monty D. Mitchell, Landscape Architectural Examining Board. Evelyn M. Rank, Real Estate Commission. Terry R. Cooper and Gary A. Kirchhof, State Board of Examiners for Nursing Home Administrators. 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 31, 1997: EDUCATION Dr. Thomas A. Sunderbruch, Board of Educational Examiners. 78th Day MONDAY, MARCH 31, 1997 873 David J. Fisher, State Board of Regents. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on March 31, 1997, the governor approved and transmitted to the secretary of state the following bills: S.F.190 ( Relating to granting easements on certain property by the Department of Natural Resources. S.F.251 ( Relating to compensation to victims of international terrorism who are residents of Iowa and providing an effective date. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: H. F. 456 Local Government H. F. 485 Local Government H. F. 674 Judiciary H. F. 680 Local Government H. F. 685 Transportation H. F. 692 Transportation AMENDMENTS FILED S(3288 S. F. 515 Matt McCoy S(3289 S. F. 109 Steve King S(3290 S. F. 523 Matt McCoy S(3291 S. F. 515 William Fink S(3292 S. F. 241 Tom Vilsack S(3293 S. F. 501 Mary Lundby S(3294 S. F. 471 Mary Lou Freeman S(3295 S. F. 515 O. Gene Maddox S(3296 S. F. 433 House amendment S(3297 S. F. 362 Patty Judge S(3298 H. F. 645 Local Government S(3299 S. F. 380 Elaine Szymoniak 874 JOURNAL OF THE SENATE 78th Day ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:48 p.m., until 9:00 a.m., Tuesday, April 1, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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