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SEVENTY-NINTH CALENDAR DAY FORTY-SIXTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 1, 1997 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by Dr. Carl Zylstra, President of Dordt College, Sioux Center, Iowa. The Journal of Monday, March 31, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Horn until he arrives on request of Senator Gronstal. RECESS On motion of Senator Iverson, the Senate recessed at 9:09 a.m., until 3:00 p.m. 876 JOURNAL OF THE SENATE 79th Day APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: March 31, 1997, 6:50 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer and Tinsman. Members Absent: Horn and Vilsack (both excused). Committee Business: Recommended passage of House File 655 as amended. Adjourned: 7:30 p.m. BUSINESS AND LABOR Convened: March 31, 1997, 2:12 p.m. Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member; Behn, Freeman, Gettings, Jensen, Palmer, Schuerer and Zieman. Members Absent: Horn (excused). Committee Business: Assigned bills to subcommittees; recommended passage of House Files 370, 399, 398, 589, 401, 167 and Senate File 361. Adjourned: 2:35 p.m. EDUCATION Convened: March 31, 1997, 2:14 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Members Absent: J. Black (excused). Committee Business: Assigned bills to subcommittees; recommended confirmation of governor's appointees to the en bloc confirmation calendar; recommended confirmation of governor's appointee to the individual confirmation calendar. Adjourned: 2:28 p.m. LOCAL GOVERNMENT Convened: March 31, 1997, 2:40 p.m. 79th Day TUESDAY, APRIL 1, 1997 877 Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, D. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Members Absent: J. Black (excused). Committee Business: Assigned bills to subcommittees; recommended passage of House Files 4 and 645. Adjourned: 3:12 p.m. STATE GOVERNMENT Convened: March 31, 1997, 2:40 p.m. Members Present: Rittmer, Acting Chair; Lundby, Acting Vice Chair; Kibbie, Ranking Member; Borlaug, Deluhery, Drake, Fink, Gronstal, Halvorson, McKibben, Rife, Szymoniak and Tinsman. Members Absent: King (excused) and McLaren. Committee Business: Recommended confirmation of governor's appointees to the en bloc confirmation calendar. Adjourned: 2:50 p.m. COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE CONCURRENT RESOLUTION 11, a concurrent resolution requesting the United States government ensure that the Farm Service Agency of the United States Department of Agriculture be supported and structured in a manner that preserves the efficient operation of the agency at the community level. Recommendation: DO PASS. Final Vote: Ayes, 13: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Kibbie, Rehberg, Rife and Zieman. Nays, 1: Hedge. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 132, a bill for an act relating to the liability of persons involved in domesticated animal activities. Recommendation: DO PASS. 878 JOURNAL OF THE SENATE 79th Day Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Nays, none. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3303. Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Nays, none. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: HOUSE FILE 557, a bill for an act relating to the operation and regulation of certain insurance companies and mutual associations, and the regulatory authority of the insurance division of the department of commerce. Recommendation: DO PASS. Final Vote: Ayes, 15: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: HOUSE FILE 578, a bill for an act providing for the continued operation of the department of human rights and including an effective date. 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. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 202, a bill for an act relating to the issuance of free deer hunting licenses to and tenants of farm units. 79th Day TUESDAY, APRIL 1, 1997 879 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. ALSO: Final Bill Action: HOUSE FILE 615, a bill for an act relating to abandoned coal mines expenditures, including reclamation of land and drainage abatement. 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. ALSO: Final Bill Action: HOUSE FILE 653, a bill for an act relating to financial assurance requirements for waste tire collection and processing sites. Recommendation: DO PASS. Final Vote: Ayes, 13: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge and Rehberg. Nays, none. Absent or not voting, 2: McKibben and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: HOUSE FILE 686, a bill for an act providing for the sale of unused highway right-of-way and other real property by the state department of transportation to past or present owners of affected property. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3306. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas 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 688, a bill for an act relating to handicapped 880 JOURNAL OF THE SENATE 79th Day parking permits by changing the term handicapped to the term person with a disability and by providing for nonexpiring removable windshield placards for persons with a lifelong disability, eliminating the requirement that physicians or chiropractors sign removable windshield placards, and eliminating certain identification requirements for persons with disabilities and providing an effective date and applicability provisions. Recommendation: DO PASS. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMUNICATION FROM THE GOVERNOR March 31, 1997 Mary Pat Gunderson Secretary of the Senate State Capitol Building L O C A L Dear Ms. Gunderson: Due to the resignation of Sally Chandler Halford as Director of the Department of Corrections effective April 13, 1997, I am withdrawing her name for consideration by the Senate for this appointment. Appointment to this position is deferred until an appropriate candidate can be selected. Sincerely, TERRY E. BRANSTAD Governor STUDY BILLS RECEIVED SSB 260 Ways & Means Relating to requirements for statements of account issued to students by each community college and each institution of higher learning under the control of the state board of regents and providing an effective date. SSB 261 Ways & Means Relating to housing development including tax increment financing, home construction revolving loans, property tax abatement for certain housing, and establishing a regional housing program. 79th Day TUESDAY, APRIL 1, 1997 881 SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 11 AGRICULTURE: Bartz, Chair; Angelo and Judge Senate Concurrent Resolution 12 NATURAL RESOURCES & ENVIRONMENT: Bartz, Chair; Borlaug and Judge House File 113 JUDICIARY: Redfern, Chair; Angelo and Hansen House File 202 NATURAL RESOURCES & ENVIRONMENT: Bartz, Chair; D. Black and Zieman House File 448 JUDICIARY: Redfern, Chair; McKean and Neuhauser House File 449 JUDICIARY: Tinsman, Chair; Boettger and Vilsack House File 456 LOCAL GOVERNMENT: Angelo, Chair; Behn and Connolly House File 485 LOCAL GOVERNMENT: Bartz, Chair; Fraise and Redwine House File 542 JUDICIARY: Angelo, Chair; Fraise and McKean House File 551 BUSINESS AND LABOR: Gettings, Chair; Horn and Rife House File 578 HUMAN RESOURCES: Boettger, Chair; Rensink and Szymoniak House File 579 HUMAN RESOURCES: Dearden, Chair; Redwine and Schuerer House File 599 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman 882 JOURNAL OF THE SENATE 79th Day House File 600 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman House File 612 HUMAN RESOURCES: Boettger, Chair; Rensink and Vilsack House File 613 COMMERCE: Lundby, Chair; Flynn and Schuerer House File 615 NATURAL RESOURCES & ENVIRONMENT: Angelo, Chair; Dearden and Hedge House File 635 JUDICIARY: Redfern, Chair; Drake and Vilsack House File 647 COMMERCE: Schuerer, Chair; Hansen and King House File 666 JUDICIARY: King, Chair; Neuhauser and Tinsman House File 674 JUDICIARY: Redfern, Chair; Hammond and King House File 680 LOCAL GOVERNMENT: Boettger, Chair; D. Black and Zieman House File 685 TRANSPORTATION: Connolly, Chair; Jensen and Rittmer House File 687 WAYS AND MEANS: Hedge, Chair; Judge and McLaren House File 692 TRANSPORTATION: Gettings, Chair; Drake and Rittmer House File 697 STATE GOVERNMENT: King, Chair; Drake and Halvorson 79th Day TUESDAY, APRIL 1, 1997 883 House File 701 COMMERCE: Gronstal, Chair; Deluhery, Douglas, Jensen and King House File 707 JUDICIARY: McKean, Chair; Boettger and Halvorson SSB 260 WAYS AND MEANS: Borlaug, Chair; Connolly and Douglas SSB 261 WAYS AND MEANS: Maddox, Chair; Hedge and Vilsack 884 JOURNAL OF THE SENATE 79th Day AFTERNOON SESSION The Senate reconvened at 5:47 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Szymoniak until she returns on request of Senator Fink and Senator Rehberg until she returns on request of Senator Angelo. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 36 present, 13 absent and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senate File 501 On motion of Senator Lundby, Senate File 501, a bill for an act relating to the department of workforce development and the enforcement of employment laws concerning emergency and hazardous materials inventories, construction contractors, amusement rides, asbestos and employment agency licenses, wage assignments, and boxing and wrestling, was taken up for consideration. Senator Lundby offered amendment S-3293 filed by her on March 31, 1997, to page 1 and the title page of the bill and moved its adoption. Amendment S-3293 was adopted by a voice vote. Senator Lundby 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. 79th Day TUESDAY, APRIL 1, 1997 885 On the question "Shall the bill pass?" (S.F. 501) 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 Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Rehberg Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 518 On motion of Senator Lundby, Senate File 518, a bill for an act relating to the administration of state government, by providing for the practices of the department of general services, state procurement, motor vehicles, and state printing, was taken up for consideration. Senator Lundby offered amendment S-3302 filed by her from the floor to pages 1 and 4 of the bill and moved its adoption. Amendment S-3302 was adopted by a voice vote. Senator Lundby offered amendment S-3301 filed by her from the floor to page 2 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3301 and Senate File 518 be deferred. 886 JOURNAL OF THE SENATE 79th Day INTRODUCTION OF BILLS Senate File 530, by committee on Ways and Means, a bill for an act relating to the establishment of an E911 surcharge, providing for the distribution of the surcharge, and providing a pooling mechanism for the purchase of equipment necessary for an E911 system. Read first time and placed on Ways and Means Calendar. Senate File 531, by committee on Ways and Means, a bill for an act relating to the increase in the physical plant and equipment levy. Read first time and placed on Ways and Means 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 April 1, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 439, a bill for an act relating to the development of a repository for criminal history, abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. This bill was read first time and passed on file. House File 450, a bill for an act relating to application of the penalty for improperly passing a stopped school bus. This bill was read first time and passed on file. House File 515, a bill for an act relating to the determination of annual salaries for deputy sheriffs. This bill was read first time and passed on file. House File 618, a bill for an act relating to state reimbursement for expenses of attorneys provided to indigent persons in juvenile court. 79th Day TUESDAY, APRIL 1, 1997 887 This bill was read first time and passed on file. House File 643, a bill for an act providing for grandparent and great-grandparent visitation rights. This bill was read first time and passed on file. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: H.F. 439 State Government H.F. 450 Transportation H.F. 618 Judiciary H.F. 643 Judiciary H.F. 644 Commerce UNFINISHED BUSINESS CALENDAR (Deferred March 31, 1997) Senate File 109 The Senate resumed consideration of Senate File 109, a bill for an act relating to workers' compensation coverage for employment outside of the state and amendment S-3289 by Senator King to page 1 of the bill, deferred March 31, 1997. Senator King withdrew amendment S-3289. Amendment S-3247 filed by Senator Dearden on March 26, 1997, to amendment S-3204 (withdrawn on March 31, 1997), was out of order. Senator King 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. 109) the vote was: Ayes, 44: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 888 JOURNAL OF THE SENATE 79th Day Dearden Deluhery Douglas Drake Dvorsky Fink Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Tinsman Vilsack Zieman Nays, none. Present, 1: Flynn Absent or not voting, 4: Lundby Rehberg Schuerer Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senate File 508 On motion of Senator Bartz, Senate File 508, a bill for an act allowing account maintenance fees to be charged in connection with certain consumer lines of credit accounts in certain financial institutions, was taken up for consideration. Senator Redfern offered amendment S-3273 filed by him on March 27, 1997, to page 1 and the title page of the bill and moved its adoption. Amendment S-3273 was adopted by a voice vote. Senator Douglas offered amendment S-3304 filed by her from the floor to page 1 of the bill and moved its adoption. Amendment S-3304 was adopted by a voice vote. 79th Day TUESDAY, APRIL 1, 1997 889 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. 508) the vote was: Ayes, 36: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Deluhery Douglas Drake Fink Flynn Freeman Hansen Hedge Iverson Jensen Judge King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, 11: Connolly Dearden Dvorsky Fraise Gettings Gronstal Halvorson Hammond Horn Kibbie Palmer Absent or not voting, 2: Rehberg Szymoniak 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 109, 501 and 508 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senate File 460 On motion of Senator Freeman, Senate File 460, a bill for an act relating to membership on the workforce development board and providing an effective date, was taken up for consideration. 890 JOURNAL OF THE SENATE 79th Day 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. 460) 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 Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Rehberg Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 174 On motion of Senator Dearden, Senate File 174, a bill for an act relating to the operation of motorboats on artificial lakes, with report of committee recommending amendment and passage was taken up for consideration. Senator Dearden offered amendment S-3093 filed by the committee on Natural Resources and Environment on February 27, 1997, to page 1 and the title page of the bill and moved its adoption. Amendment S-3093 was adopted by a voice vote. 79th Day TUESDAY, APRIL 1, 1997 891 Senator Dearden 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. 174) the vote was: Ayes, 46: 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 Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, 1: Lundby Absent or not voting, 2: Rehberg Szymoniak 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 Iverson asked and received unanimous consent that Senate Files 174 and 460 be immediately messaged to the House. BUSINESS PENDING Senate File 518 The Senate resumed consideration of Senate File 518, a bill for an act relating to the administration of state government, by providing 892 JOURNAL OF THE SENATE 79th Day for the practices of the department of general services, state procurement, motor vehicles, and state printing and amendment S- 3301 by Senator Lundby to page 2 of the bill, previously deferred. Senator Lundby withdrew amendment S-3301. Senator Lundby 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. 518) 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 Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Rehberg Szymoniak 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 518 be immediately messaged to the House. UNFINISHED BUSINESS CALENDAR (Deferred March 31, 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 79th Day TUESDAY, APRIL 1, 1997 893 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, 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, amendment S- 3236 and amendment S-3282 to amendment S-3236, deferred on March 26, 1997. Senator Hammond moved the adoption of amendment S-3282 to amendment S-3236, which motion prevailed by a voice vote. Senator Maddox offered amendment S-3309 filed by him from the floor to amendment S-3236 of the bill. Senator Vilsack asked and received unanimous consent that action on amendment S-3309 to amendment S-3236 and amendment S- 3236 be deferred. Senator Vilsack offered amendment S-3264 filed by him on March 26, 1997, to pages 2-4 and the title page of the bill. Senator Maddox called for a division of amendment S-3264: 894 JOURNAL OF THE SENATE 79th Day Page 1, lines 2-29 and page 2, lines 19-23 as division S-3264A. Page 1, lines 30-50 and page 2, lines 1-18 as division S-3264B. Senator Vilsack moved the adoption of division S-3264A, which motion prevailed by a voice vote. Senator Vilsack moved the adoption of division S-3264B. A record roll call was requested. On the question "Shall division S-3264B be adopted?" (S.F. 515) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Szymoniak Division S-3264B lost. Senator Palmer offered amendment S-3284 filed by him on March 31, 1997, to pages 5, 16 and the title page of the bill and moved its adoption. A record roll call was requested. 79th Day TUESDAY, APRIL 1, 1997 895 On the question "Shall amendment S-3284 be adopted?" (S.F. 515) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Szymoniak Amendment S-3284 lost. Senator Bartz took the chair at 8:21 p.m. Senator McCoy offered amendment S-3288 filed by him on March 31, 1997, to pages 5, 17, 19 and the title page of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3288 be adopted?" (S.F. 515) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 896 JOURNAL OF THE SENATE 79th Day Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Lundby McKibben Szymoniak Amendment S-3288 lost. Senator Hammond offered amendment S-3281 filed by her on March 31, 1997, to page 17 of the bill and moved its adoption. Amendment S-3281 was adopted by a voice vote. Senator Flynn offered amendment S-3324 filed by him from the floor to page 20 and the title page of the bill. Senator Maddox raised the point of order that amendment S- 3324 was not germane to the bill. The Chair ruled the point well taken and amendment S-3324 out of order. The Senate resumed consideration of amendment S-3236 by Senators Maddox, et al., and amendment S-3309 by Senator Maddox to amendment S-3236, previously deferred. Senator Maddox asked and received unanimous consent that action on amendment S-3309 to amendment S-3236 continue to be deferred. 79th Day TUESDAY, APRIL 1, 1997 897 Senator Vilsack offered amendment S-3323 filed by him from the floor to amendment S-3236, moved its adoption and requested a record roll call. On the question "Shall amendment S-3323 to amendment S- 3236 be adopted?" (S.F. 515) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black, D. Boettger Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Vilsack Nays, 24: Angelo Bartz Behn Black, J. Borlaug Douglas Drake Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Lundby Rife Szymoniak Amendment S-3323 lost. The Senate resumed consideration of amendment S-3309 by Senator Maddox to amendment S-3236, previously deferred. Senator Maddox moved the adoption of amendment S-3309. A non record roll call was requested. 898 JOURNAL OF THE SENATE 79th Day The ayes were 23, nays 23. Amendment S-3309 lost. Senator Halvorson called for a division of amendment S-3236: Page 1, lines 2-27, page 2, lines 2-50 and page 3, lines 1-48 as division S-3236A; Page 1, lines 28-50 and page 2, line 1 as division S-3236B. Senator Fink called for a further division of amendment S-3236: Page 1, lines 16-27 as division S-3236C. Senator Maddox moved the adoption of division S-3236A, which motion prevailed by a voice vote. Senator Maddox moved the adoption of division S-3236B. A record roll call was requested. On the question "Shall division S-3236B be adopted?" (S.F. 515) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 24: Angelo Bartz Behn Black, J. Borlaug Drake Freeman Hedge Iverson Jensen Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 22: Black, D. Boettger Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn 79th Day TUESDAY, APRIL 1, 1997 899 Judge Kibbie King Neuhauser Palmer Vilsack Absent or not voting, 3: Lundby McCoy Szymoniak Division S-3236B was adopted. Senator Maddox moved the adoption of division S-3236C. A non record roll call was requested. The ayes were 27, nays 16. Amendment S-3236C was adopted. Senator Maddox 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. 515) the vote was: Ayes, 38: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Dvorsky Flynn Freeman Halvorson Hammond Hedge Horn Iverson Jensen Judge King Kramer Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, 9: Drake Fink Fraise Gettings Gronstal Hansen Kibbie McLaren Rife Absent or not voting, 2: Lundby Szymoniak 900 JOURNAL OF THE SENATE 79th Day The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. INTRODUCTION OF BILL Senate File 532, by committee on Way and Means, a bill for an act relating to tuition and fees charged by public school districts and providing an immediate effective date. Read first time and placed on Ways and Means Calendar. 79th Day TUESDAY, APRIL 1, 1997 901 APPENDIX COMMUNICATION The following communication from the Chair of the Senate Natural Resources and Environment Committee was received: April 1, 1997 MADAM PRESIDENT: The following appointees were NOT voted out of the Natural Resources and Environment Committee on March 25, 1997, as reported to the Senate Journal on page 794: Randal J. Giannetto and Kathryn A. Murphy ( Environmental Protection Commission. Jacklyn K. Van Ekeren ( Iowa Comprehensive Petroleum Underground Storage Tank Fund. JoAnn M. Brincks and David L. Holmes ( Renewable Fuels and Coproducts Advisory Committee. Allan T. Thoms ( Chair of the Utilities Board. Sincerely MERLIN E. BARTZ, Chair COMMUNICATION FROM THE GOVERNOR The following communication from the governor was received: April 1, 1997 Mary Pat Gunderson Secretary of the Senate State Capitol Building L O C A L Dear Ms. Gunderson: Because Ann R. Shaw has resigned her position as a school administrator, she is no longer eligible for appointment to the Board of Educational Examiners. Therefore, I am withdrawing her name for consideration by the Senate. Pursuant to Iowa Code 2.32(4), appointment to this position is deferred until an appropriate candidate can be selected. Sincerely, TERRY E. BRANSTAD Governor 902 JOURNAL OF THE SENATE 79th Day COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 655, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making statutory changes, and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3308. Final Vote Ayes, 23: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer and Tinsman. Nays, none. Absent or not voting, 2: Horn and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 11: McKean, Maddox, Angelo, Boettger, Drake, Halvorson, Hansen, King, McKibben, Redfern and Vilsack. Nays, 1: Fraise. Pass, 3: Neuhauser, Hammond and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. 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. 79th Day TUESDAY, APRIL 1, 1997 903 WAYS AND MEANS Final Bill Action: HOUSE FILE 218, a bill for an act relating to service of notices of appraisement of property for state inheritance tax purposes. Recommendation: DO PASS. Final Vote: Ayes, 11: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Freeman, Hedge, Judge, Maddox and Redfern. Nays, none. Absent or not voting, 4: Drake, McLaren, Szymoniak and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 354, a bill for an act relating to activities of a foreign corporation which do not constitute doing business in or deriving income from he state for state tax purposes and including effective and retroactive applicability date provisions. Recommendation: DO PASS. Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Freeman, Hedge, Judge, Maddox, McLaren and Redfern. Nays, none. Absent or not voting, 3: Drake, Szymoniak and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 530 (formerly Senate File 469), a bill for an act relating to the establishment of an E911 commission and establishing a surcharge. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Hedge, Judge, Maddox, Redfern, Szymoniak and Vilsack. Nays, none. Absent or not voting, 2: Freeman and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 530 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 531 (formerly Senate File 482), a bill for an act relating to the increase in the physical plant and equipment levy. Recommendation: APPROVED COMMITTEE BILL. 904 JOURNAL OF THE SENATE 79th Day Final Vote: Ayes, 9: Douglas, McKibben, Borlaug, Freeman, Hedge, Maddox, McLaren, Redfern and Vilsack. Nays, 5: Palmer, Connolly, Deluhery, Judge and Szymoniak. Absent or not voting, 1: Drake. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 532 (formerly Senate File 480), a bill for an act relating to tuition and fees charged by public school districts and providing an immediate effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Nays, 2: Connolly and Deluhery. Absent or not voting, 1: Drake. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 532 and they were attached to the committee report. APPOINTMENT TO A BOARD In accordance with Senate Rule 59, the following senators were appointed to a subcommittee of a standing committee on March 31, 1997, to investigate the appointment of the following governor's appointee: COMMERCE Chair of the Utilities Board: ALLAN T. THOMS: Redfern, Chair; Palmer and King 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 April 1, 1997: NATURAL RESOURCES AND ENVIRONMENT JoAnn M. Brincks and David L. Holmes, Renewable Fuels and Coproducts Advisory Committee. 79th Day TUESDAY, APRIL 1, 1997 905 SMALL BUSINESS, ECONOMIC DEVELOP. & TOURISM Julie J. Bulkeley, Frederick W. Hagemann and William B. Trent, Jr., Iowa Economic Development Board. Carol A. Garrett, Iowa Seed Capital Corporation. Peggy J. Trevino, Small Business Advisory Council. SUBCOMMITTEE REASSIGNMENT FOR APPOINTMENT TO A BOARD In accordance with Senate Rule 59, the following senators were reappointed to a subcommittee of a standing committee on March 31, 1997, to investigate the appointment of the following governor's appointee: SMALL BUSINESS, ECON. DEVLPT AND TOURISM Member of the Small Business Advisory Council: MICHAEL A. FESLER: Redwine, Chair; Schuerer and Hansen AMENDMENTS FILED S(3300 S. F. 495 Andy McKean Larry McKibben Rod Halvorson S(3301 S. F. 518 Mary Lundby S(3302 S. F. 518 Mary Lundby S(3303 H. F. 694 Agriculture S(3304 S. F. 508 JoAnn Douglas S(3305 S. F. 211 Michael E. Gronstal S(3306 H. F. 686 Transportation S(3307 S. F. 256 Stewart Iverson, Jr. S(3308 H. F. 655 Appropriations S(3309 S. F. 515 O. Gene Maddox S(3310 S. F. 471 Mary Lou Freeman S(3311 H. F. 475 Donald B. Redfern Michael E. Gronstal JoAnn Douglas Patrick J. Deluhery S(3312 H. F. 475 Donald B. Redfern 906 JOURNAL OF THE SENATE 79th Day Michael E. Gronstal JoAnn Douglas Patrick J. Deluhery S(3313 S. F. 493 Donald B. Redfern S(3314 S. F. 468 Merlin E. Bartz S(3315 S. F. 468 Patty Judge S(3316 S. F. 468 Patty Judge S(3317 S. F. 468 Patty Judge S(3318 H. F. 655 Tom Vilsack S(3319 H. F. 655 Tom Vilsack S(3320 H. F. 655 Tom Vilsack S(3321 H. F. 655 Tom Vilsack S(3322 H. F. 655 Tom Vilsack S(3323 S. F. 515 Tom Vilsack S(3324 S. F. 515 Tom Flynn S(3325 S. F. 512 Tom Vilsack Donald B. Redfern S(3326 S. F. 329 Tom Flynn MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 515 passed the Senate on April 1, 1997. MARY NEUHAUSER MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3309 to Senate File 515 failed to be adopted by the Senate on April 1, 1997. NANCY BOETTGER MADAM PRESIDENT: I move to reconsider the vote by which division S(3236C to Senate File 515 was adopted by the Senate on April 1, 1997. JEFF ANGELO ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:54 p.m., until 9:00 a.m., Wednesday, April 2, 1997.
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Index: Senate Journal (77th General Assembly: Session 1)
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