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EIGHTIETH CALENDAR DAY FORTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 2, 1997 The Senate met in regular session at 9:06 a.m., President pro tempore Redfern presiding. Prayer was offered by the Reverend Jerry Van Hooser, pastor of the Baptist Church, Slater, Iowa. 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 April 1, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 693, a bill for an act relating to civil actions and statutes of limitations in civil actions, the rate of interest on judgments and decrees, procedures for furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, and joint and several liability. This bill was read first time and passed on file. The Journal of Tuesday, April 1, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he arrives on request of Senator Judge. 908 JOURNAL OF THE SENATE 80th Day MOTION TO RECONSIDER ADOPTED Senator Neuhauser called up the motion to reconsider Senate File 515 filed by her on April 1, 1997, found on page 906 of the Senate Journal and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 515) the vote was: Ayes, 41: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 8: Douglas Drake Dvorsky Hansen Jensen McCoy McLaren Rife The motion prevailed. Senator Neuhauser moved to reconsider the vote by which Senate file 515 went to its last reading, which motion prevailed by a voice vote. Senate File 515 On motion of Senator Maddox, 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 80th Day WEDNESDAY, APRIL 2, 1997 909 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, was taken up for reconsideration. Senator Angelo called up the motion to reconsider the vote by which division S-3236C was adopted by the Senate on April 1, 1997, found on page 906 of the Senate Journal and moved its adoption. The motion prevailed by a voice vote and division S-3236C by Senators Maddox, et al., was taken up for reconsideration. Senator Angelo offered amendment S-3327 filed by him from the floor to division S-3236C and moved its adoption. Amendment S-3327 was adopted by a voice vote. Senator Maddox moved the adoption of division S-3236C as amended. A non record roll call was requested. The ayes were 24, nays 19. 910 JOURNAL OF THE SENATE 80th Day Division S-3236C as amended was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kibbie until he returns on request of Senator Gronstal. BUSINESS PENDING Senate File 515 The Senate resumed consideration of Senate File 515. Senator Maddox 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-3236B to Senate File 515 was adopted by the Senate on April 1, 1997. A non record roll call was requested. The ayes were 24, nays 17. The motion prevailed and division S-3236B was taken up for reconsideration. Senator Boettger called up the motion to reconsider the vote by which amendment S-3309 to division S-3236B was adopted by the Senate on April 1, 1997, found on page 906 of the Senate Journal and moved its adoption. A non record roll call was requested. The ayes were 25, nays 17. The motion prevailed and amendment S-3309 by Senator Maddox to division S-3236B was taken up for reconsideration. Senator Maddox moved the adoption of amendment S-3309 to division S-3236B. 80th Day WEDNESDAY, APRIL 2, 1997 911 A record roll call was requested. On the question "Shall amendment S-3309 to 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, 25: Angelo Behn Black, J. Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 22: Bartz Black, D. Boettger Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge McKean Neuhauser Palmer Szymoniak Vilsack Absent or not voting, 2: Kibbie McCoy Amendment S-3309 was adopted. Senator Iverson asked and received unanimous consent that action on division S-3236B as amended and Senate File 515 be deferred. President Kramer took the chair at 10:45 a.m. CONSIDERATION OF BILL (Regular Calendar) Senate File 378 On motion of Senator Rittmer, Senate File 378, a bill for an act providing for the qualifications of certain members of the investment 912 JOURNAL OF THE SENATE 80th Day board of the Iowa public employees' retirement system, was taken up for consideration. Senator Rittmer offered amendment S-3330 filed by him from the floor to page 1 and the title page of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3330 and Senate File 378 be deferred. BILL ASSIGNED TO COMMITTEE President Kramer announced the assignment of House File 693 to the committee on Judiciary. BUSINESS PENDING Senate File 515 The Senate resumed consideration of Senate File 515 and division S-3236B as amended by Senators Maddox, et al., previously deferred. Senator Hansen withdrew amendment S-3334 filed by him from the floor to division S-3236C. Senator Maddox moved the adoption of division S-3236B as amended. A record roll call was requested. On the question "Shall division S-3236B as amended 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, 23: Angelo Behn Black, J. Borlaug Douglas Drake Freeman Hedge 80th Day WEDNESDAY, APRIL 2, 1997 913 Iverson Jensen King Kramer Maddox McKean McKibben Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 22: Bartz Black, D. Boettger Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Lundby McCoy Neuhauser Palmer Vilsack Absent or not voting, 4: Kibbie McLaren Redfern Szymoniak Division S-3236B as amended was adopted. Senator Hansen asked and received unanimous consent that action on Senate File 515 be deferred. CONSIDERATION OF BILLS (Regular Calendar) Senate File 522 On motion of Senator Boettger, Senate File 522, a bill for an act relating to legal settlement regarding community-based providers of treatment or services, was taken up for consideration. Senator Boettger offered amendment S-3252 filed by her on March 26, 1997, to page 1 and the title page of the bill and moved its adoption. Amendment S-3252 was adopted by a voice vote. 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. 522) the vote was: 914 JOURNAL OF THE SENATE 80th Day Ayes, 48: 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 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, 1: Kibbie The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 466 On motion of Senator Maddox, Senate File 466, a bill for an act relating to the theft of video rental property and making penalties applicable, was taken up for consideration. 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. 466) the vote was: Ayes, 48: 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 King 80th Day WEDNESDAY, APRIL 2, 1997 915 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, 1: Kibbie 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 466 and 522 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senate File 495 On motion of Senator McKean, Senate File 495, a bill for an act prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, was taken up for consideration. Senator McKean offered amendment S-3300 filed by Senators McKean, McKibben and Halvorson on April 1, 1997, to page 1 of the bill and moved its adoption. Amendment S-3300 was adopted by a voice vote. Senator McKean 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. 495) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 916 JOURNAL OF THE SENATE 80th Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Rife Absent or not voting, 1: Kibbie 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 495 be immediately messaged to the House. BUSINESS PENDING Senate File 515 The Senate resumed consideration of Senate File 515, previously deferred. Senator Hansen offered amendment S-3336 filed by him from the floor to pages 3 and 21 of the bill and moved its adoption. Amendment S-3336 was adopted by a voice vote. 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: 80th Day WEDNESDAY, APRIL 2, 1997 917 Ayes, 42: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Deluhery Douglas Drake Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 5: Dearden Dvorsky Fink Neuhauser Rife Absent or not voting, 2: Gettings Kibbie The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senator Iverson asked and received unanimous consent that Senate File 515 be immediately messaged to the House. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that House File 250 be referred from the Regular Calendar to the committee on Appropriations. RECESS On motion of Senator Iverson, the Senate recessed at 11:43 a.m., until 1:50 p.m. 918 JOURNAL OF THE SENATE 80th Day APPENDIX COMMITTEE REPORTS HUMAN RESOURCES Final Bill Action: HOUSE FILE 121, a bill for an act relating to notification procedures prior to the performance of an abortion on or termination of parental rights of a minor and applicable penalties. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3333. Final Vote: Ayes, 7: Boettger, Redwine, Bartz, Behn, J. Black, Rensink and Schuerer. Nays, 5: Szymoniak, Dearden, Dvorsky, Hammond and Tinsman. Pass, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 612, a bill for an act relating to child support recovery, providing penalties, and providing effective dates. 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. JUDICIARY Final Bill Action: SENATE FILE 499, a bill for an act relating to privileges and prohibitions for certain persons including those relating to motor vehicle licenses and to the regulation of tobacco, tobacco products, or cigarettes, and providing penalties. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3332. Final Vote: Ayes, 10: McKean, Maddox, Neuhauser, Angelo, Fraise, Halvorson, Hammond, Hansen, McKibben and Tinsman. Nays, none. Absent or not voting, 5: Boettger, Drake, King, Redfern and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 226, a bill for an act relating to computation of time by which criminal sentences may be reduced for good behavior and providing for limited retroactive applicability. 80th Day WEDNESDAY, APRIL 2, 1997 919 Recommendation: DO PASS. Final Vote: Ayes, 10: McKean, Maddox, Neuhauser, Angelo, Fraise, Halvorson, Hammond, Hansen, McKibben and Tinsman. Nays, none. Absent or not voting, 5: Boettger, Drake, King, Redfern and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 371, a bill for an act relating to the issuing of temporary orders for support, custody, or visitation of a child born outside of marriage. Recommendation: DO PASS. Final Vote: Ayes, 10: McKean, Maddox, Neuhauser, Angelo, Fraise, Halvorson, Hammond, Hansen, McKibben and Tinsman. Nays, none. Absent or not voting, 5: Boettger, Drake, King, Redfern and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 661, a bill for an act relating to the adjudication and sentencing of certain criminal offenders, by providing for notice and hearings on reconsiderations of sentence, permitting the presentation of oral victim impact statements at reconsideration of sentence hearings, and eliminating certain sexual offenders from eligibility for suspended or deferred sentences or deferred judgments. Recommendation: DO PASS. Final Vote: Ayes, 9: McKean, Maddox, Neuhauser, Angelo, Fraise, Hammond, Hansen, McKibben and Tinsman. Nays, none. Absent or not voting, 6: Boettger, Drake, Halvorson King, Redfern and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 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: HUMAN RESOURCES Dr. Martin R. Edwards, Board of Behavioral Science Examiners. Diane M. Cardwell and Rita J. Taylor, Board of Physician Assistant Examiners. Robert J. Martin, Commission for the Blind. 920 JOURNAL OF THE SENATE 80th Day Harold B. Davis and Alyce M. Elmitt, Commission of Elder Affairs. Lois R. Kotz and Loren M. Wakefield, Commission on Community Action Agencies. Marcia J. Stark, Community Health Management Information System Governing Board. Charles Palmer, Director of the Department of Human Services. Lee S. Miller, Health Facilities Council. Austin B. Turner, Iowa Council on Human Investment. Mary Anne Anderson, Robert J. DeSmidt, Gary L. Gansemer and Clark A. Lane, Mental Health and Developmental Disabilities Commission. Dr. Alfred Healy, Georganna T. Hinrichsen and Melva J. Urban, Prevention of Disabilities Policy Council. Lil M. Perry and Kathryn M. Youberg, State Citizen Foster Care Review Board. AMENDMENTS FILED S(3327 S. F. 515 Jeff Angelo S(3328 S. F. 493 Donald B. Redfern S(3329 S. F. 427 James Black S(3330 S. F. 378 Sheldon Rittmer S(3331 S. F. 471 Mary Lou Freeman S(3332 S. F. 499 Judiciary S(3333 H. F. 121 Human Resources S(3334 S. F. 515 Steven D. Hansen S(3335 H. F. 133 Elaine Szymoniak Johnie Hammond S(3336 S. F. 515 Steven D. Hansen S(3337 H. F. 126 Tom Vilsack S(3338 S. F. 521 Tom Flynn S(3339 S. F. 499 Rod Halvorson Andy McKean O. Gene Maddox 80th Day WEDNESDAY, APRIL 2, 1997 921 AFTERNOON SESSION The Senate reconvened at 2:05 p.m., President Kramer presiding. COMMITTEE FROM THE HOUSE A committee from the House appeared and announced that the House was ready to receive the Senate in joint convention. Senator Iverson moved that the Senate proceed to the House Chamber in accordance with House Concurrent Resolution 11 in columns of two led by the Secretary of the Senate and the Sergeant- at-arms. The motion prevailed by a voice vote. JOINT CONVENTION PIONEER LAWMAKERS Fifty-fourth Biennial Session House Chamber 2:10 p.m. In accordance with House Concurrent Resolution 11, the joint convention was called to order, President Kramer presiding. President Kramer declared a quorum present and the joint convention duly organized. Senator Iverson moved that a committee of four be appointed to escort the Pioneer Lawmakers into the House Chamber. The motion prevailed by a voice vote and the President appointed as such committee Senators Rensink and McCoy on the part of the Senate; and Representatives Weidman and Connors on the part of the House. The committee escorted the Pioneer Lawmakers to seats in the House Chamber. President Kramer presented the Honorable Donald Redfern, President pro tempore of the Senate, who welcomed the Pioneer Lawmakers on behalf of the Senate. 922 JOURNAL OF THE SENATE 80th Day President Kramer presented the Honorable Ron Corbett, Speaker of the House of Representatives, who welcomed the Pioneer Lawmakers on behalf of the House of Representatives. President Kramer presented the Honorable John P. Kibbie, member of the Senate, who responded to the welcome. Senator Kibbie announced the 1977-1978 class of legislators who were eligible to become members of the Pioneer Lawmakers and that lobbyists Bob Boyken from Waterloo, John Lewis from West Des Moines, and William Smith and F. Richard Thornton from Des Moines, were awarded honorary memberships in the Pioneer Lawmakers Association. Senator Kibbie presented James Flansburg, retired columnist from the Des Moines Register, who address the joint convention. I first walked into these chambers in search of a news story about 40 years ago. What I remember best was a speech in the Senate. An old family friend, a senator from the Cedar County town of Clarence, Earl Elijah, was talking about a bill rewriting the probate code. The bill was six inches thick, an impenetrable forest of paper for most people, and that grand old man hefted it above his head and gave his speech. "I just hope you lawyers know what you're doing," he said, and sat down. I guess they did. The bill passed and remains the basic law yet today. Some members here might not approve of this standard but I use it yet. The bill must have been a good one when you consider the absence of scandal, great law suits and public indignation. I've thought of old Earl Elijah - I think his family and my family settled in Cedar County about the same time in the late 1840s - dozens of times as I've tried to make sense of this place and the way it has changed through my career as a reporter, editor and opinion columnist. His speech hinted at the bonds of trust that ran this place, held it together, then. The continued existence of the committee system still implies that - you concentrate your efforts on this endeavor and I'll concentrate on that one - but from what I've seen and read, anyone who believes in a bond of trust today is begging for disappointment. Sometimes nowadays I get the impression that everyone is trying to put something over on everyone else, with no consideration for what it might do to the commonwealth as a whole. 80th Day WEDNESDAY, APRIL 2, 1997 923 For the players, those little games can provide moments of fun. But for those of us who don't have the time or inclination or ability to keep track of it all and still have to live with the haphazard public policy that might result, it's bewildering. What stopped first, I wonder: The honor and respect that we almost automatically paid to a state legislator? Or the behavior, the demeanor, that commanded that honor and respect? Do I have a cure? An antidote? A reform? Lord, no. I'm having enough trouble just describing the condition. We live in a time when the only constant is change. The legislature is caught by that as surely as the rest of us. It may be a reflection of my age but what bothers me greatly is change for the sake of change, people changing a law without bothering to find out what the law's purpose was, what led to is passage in the first place. Almost every day in this place, many make a dreadful and dangerous assumption: That those who were here in the past were dummies and do not need to be heeded. Let me assure you: They were not dummies. Let me also assure you that, as the wise man said, those who do not read history are doomed to repeat its mistakes. There is no doubt in my mind that today's Iowa Legislature is more representative of the people of Iowa than yesterday's legislature was. The legislature's work and play, unfortunately, is not bathed in the high, good humor that marked it 20, 30 or 40 years ago. The passions back then were just as strong, I think, but the respect for decorum and the legislative traditions of good behavior were dominant. That resulted in the kind of class, for instance, that Minnette Doderer showed about 30 years ago when she went up on a point of personal privilege to talk about Richard Radl of Lisbon. "When he goes home this weekend, I hope his mother comes out from under the porch and bites him," she said. In 1973, Charles City's Ralph McCartney filed a motion to censure Lucas DeKoster of Hull. "He used a fact in debate and that's a dangerous precedent," said McCartney. The same year Algona's Berl Priebe began to have doubts about the committee system: "Ever since my baby pig bill went to Education, I've been a little skeptical of committees," he said. In 1977, I asked the wife of a legislator if she thought if was right to serve as her husband's clerk even though she didn't have some secretarial skills such as short- hand. "I can write faster in longhand than he can think," she said. Case closed. 924 JOURNAL OF THE SENATE 80th Day The old reporter title came about because I didn't know how to write in the first person when I first began writing a column in 1971. My style was the newspaper style. I had to quote people. So I quoted me and called me "the old reporter." "How does the Iowa Legislature break down by sex?" I asked the old reporter in 1977. "I'd say that alcohol is a bigger problem," he said. A few years before that, some of us got bored with the lack of news at Governors' Days in Clear Lake, and began running Muscatine's Richard Drake for lieutenant governor. The job was very powerful then, being sought by Art Neu and Bill Harbor, and poor Drake squirmed, worrying about making those two angry. At a reception, I caught up with Shirley and Dick Drake and stormed at him for giving the story to the Associated Press instead of me. "It's on the wire?" he asked. "Yes," I said. He did some shouting, and I said, "Dick, have I ever lied to you." "No," said Drake. "Well, I am now," I said. "Furthermore, " yelled Drake, "I told that damn Bill Eberline." "Dick, Dick, Dick," said Shirley. "He said he's lying. Don't you ever listen to anyone?' And I remember Jack Schroeder, a talented Davenport legislator from a long time ago. His motto: "Never leave a party until you're asked to leave." My favorite story involves an anonymous legislator who was flying off to an eastern convention with a girl friend when his party put a call on the Senate. The lady went east, he came back to the Senate, very angry, and voted against his party at every turn. I am leaving out a lot of names, and for that I'm sorry. With a couple of exceptions whom I've written about, I'm proud to have met and known a host of Iowa legislators. And, God, I hate to say this, but I have to include some lobbyists in that. I should name them. It would ruin their day. In any event, I feel blessed that I had a chance to know and watch the work of so many decent, caring people in and around Iowa government. Focus on this for a moment: This place, Iowa, is a better place than it was - 20 years ago, 40 years ago, 100 years ago. In that, I include the Legislature itself, the counties and cities, our institutions. They need minding, some herding, some correcting, but they're better than their predecessors because your predecessors exercised political courage and made them so. That's a glorious but a demanding legacy. In the main, Iowa has had the luck to elect good people. We've had very few scoundrels. Many members today are not as well-schooled, formally and informally, and as experienced in real life as their counterparts of yesterday. 80th Day WEDNESDAY, APRIL 2, 1997 925 Changes in politics and in business have made it all but impossible for some people who've been successful in private endeavors to serve in today's legislature. So some then and now comparisons are not appropriate. Whenever you get to talking with the old-timers in the legislative or lobbying or reporting stables, you get barraged about how bigger-than-life the members were way back when. I don't know why that is, because it's nonsense. Forty years from now, I tell you today, some of the members, the lobbyists, staffers and reporters here will be telling people about the giants that served here back in '97. I knew and liked and respected some of the giants of 40 years ago. I cherish some friendships that came from my days here. But I don't think most of yesterday's people were any different than today's members. Most of them would fit in quite easily today. They would have to learn how to deal with some changes just as today's members would have to learn to deal with yesterday's system. Despite my warnings about old-timers with giant stories, I do want to mention what I regard as the most extraordinary session in the state's history. The 1965 session. It came as a result of the 1964 Johnson landslide over Goldwater, the first time in 30 years that the Democrats were in control. There was a lot of fun, a lot of hell-raising, a lot of tipping over of tradition, but the hard fact was that there was not an issue that the general assembly refused to deal with. From both parties, it seemed to me, the members were there to do a job, get the state in order, not to get re-elected or prepare for some bigger office. It was an enormously creative session. Almost all of the legislative work in Iowa since has amounted to fine-tuning what was done in 1965. Someone like Bob Fulton or Minnette Doderer or Jack Kibbie or Bill Palmer should write a book. When I first came to the Iowa Legislature as a reporter, the committee meetings were closed. No one except members and the committee clerk was allowed in. It was not uncommon, you'd learn sometimes years after the fact, for a member to argue one way in committee and in another way in public. Leadership control was icy and ruthless. Issues weren't let out of committee for debate until they manifested substantial public support. As a kind of show, for example, two bills were debated at the same time on the same day in 1959: Reapportionment in one house and liquor by the drink in the other. There was no chance of either passing. The purpose was to let the debate be a safety valve to let off some public pressure. 926 JOURNAL OF THE SENATE 80th Day Bit by bit, there was change. It probably would shock some people today to learn that we thought it was reform about 35 years ago when they required an explanation on the bill and required the bill to be printed so that you could see what it did to the law. Fiscal notes? We thought that was just short of the Second Coming. Through 1965, as I recall it, Senate deliberations on gubernatorial appointments and confirmation votes took place in executive session. The Senate would go into executive session, throw everyone out of the chamber, and then go about its business. That rattled one senator in 1965 because it meant his wife, who was his secretary, had to leave the chamber and he relied on her to tell him what to do. Some of us would make our way to the attic, and listen to the debate through the air vents around the chandeliers. The acoustics are perfect up there. Some years later, I once found myself locked inside a Senate Republican caucus. It was my single worst experience in the reporters' trade. It was an accident. I didn't want to be there. But I couldn't step out without being denounced as a sneak. So I stayed - in grave jeopardy of wetting my pants - as the senators got into a long, nasty fight over their parking places on the east side of the capitol building. Courtesy of experiences like that, I've never been as great an exponent of open meetings as some of my colleagues in the Fourth Estate. Opening the committee meetings to the public and the procedural changes governing the drafting of bills, the advent of the computer and the cell phone, the coming of almost instant mass communications, high-speed highways and travel - all those things and more have combined to make this a different place than it was. When I started in the reporters' trade at the Des Moines Register and Tribune in 1957, we had to have an editor's permission to make a long-distance telephone call. It was an expensive and complicated endeavor, so an operator handled it and called you when the connection was made. In 1967, as I remember it, one of the most effective lobbyists in the place, Ed Jones, began spending about half his time in an office downtown, using his telephone WATTS line to energize lobbying efforts whose need was spotted by a young associate who'd joined him, F. Richard Thornton. Those kinds of changes in technology make it very difficult for a member of today's legislature to handle the most important aspect of the job: Seek and forge compromise. We live in an exceedingly diverse place of competitive and conflicting interests. The country would fall apart, Alistair Cooke wrote years ago, if we did not have three secrets: "Compromise, compromise and compromise." You have to have trade-offs or those competing and conflicting interests will be at each other's throats. 80th Day WEDNESDAY, APRIL 2, 1997 927 It's there, I think, that most of today's legislators have failed. Perhaps because of the changes in technology, they've forgotten or neglected a duty, as leaders, to teach their constituents about the possibilities and the impossibilities of government. In many places, what should be an exalted word - compromise - has become a dirty word. Too many politicians play to the gallery and talk about seeking victory rather than accommodation. They may not quite mean what they say but they always have listeners who believe. The result is a dissemination of anger, hate, distrust and suspicion, and ultimately a lack of comprehension that in fact, in the end, we all want and are seeking the same goals. Thank you and good luck. Representative Siegrist moved that the joint convention be dissolved at 2:51 p.m. The motion prevailed by a voice vote. The Senate returned to the Senate Chamber and resumed regular session at 3:04 p.m., Senator Bartz presiding. RECESS On motion of Senator Iverson, the Senate recessed at 3:05 p.m., until 4:30 p.m. RECONVENED The Senate reconvened at 4:45 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 32 present, 17 absent and a quorum present. BUSINESS PENDING Senate File 378 The Senate resumed consideration of Senate File 378, a bill for an act providing for the qualifications of certain members of the 928 JOURNAL OF THE SENATE 80th Day investment board of the Iowa public employees' retirement system and amendment S-3330 by Senator Rittmer to page 1 and the title page of the bill, previously deferred. Senator Rittmer withdrew amendment S-3330. Senator Rittmer offered amendment S-3345 filed by Senators Rittmer and Gronstal from the floor to page 1 and the title page of the bill and moved its adoption. Amendment S-3345 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Neuhauser for the remainder of the week on request of Senator Gronstal. BUSINESS PENDING Senate File 378 The Senate resumed consideration of Senate File 378. Senator Rittmer 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. 378) 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 Lundby Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman 80th Day WEDNESDAY, APRIL 2, 1997 929 Nays, 1: Palmer Absent or not voting, 2: Neuhauser Rife 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 378 be immediately messaged to the House. CONFIRMATION OF GOVERNOR'S APPOINTMENTS In accordance with Senate Rule 59, Senator Iverson called up the following eligible appointees on the En Bloc Confirmation Calendar: Ronald E. Nielsen and David A. Vaudt, members of the Accountancy Examining Board. Daryl K. Henze, Alcoholic Beverages Commission. Glen D. Huntington, Architectural Examining Board. Coral M. Jud, Board for the Licensing and Regulation of Hearing Aid Dealers. Peggy C. Dunshee, Board of Barber Examiners. Thorald (Ted) E. Davidson, Board of Behavioral Science Examiners. Dr. Elizabeth C. Kressin and Dr. Valorie J. Prahl, Board of Chiropractic Examiners. Suellen Overton, Board of Corrections. Curtis W. Stamp, Board of Cosmetology Arts and Sciences Examiners. Elizabeth A. Colby-Plautz, Nancy S. Le Peau and Dr. LeRoy I. Strohman, Board of Dental Examiners. 930 JOURNAL OF THE SENATE 80th Day Mary K. Carlson, Roger B. Linn and Elvin R. Soll, Board of Dietetic Examiners. Nick Benzing, Judith J. Brueggeman and Dr. Thomas A. Sunderbruch, Board of Educational Examiners. Dr. James D. Collins, Jr. and Laura J. Stensrud, Board of Medical Examiners. Nancy E. Knutstrom, Board of Nursing Examiners. Katherine J. Gillette and Dr. Richard F. Noyes, Board of Optometry Examiners. Charles D. Hurley, Board of Parole. James E. Hughes, Board of Physical and Occupational Therapy Examiners. Dr. James M. Cunningham, Board of Physician Assistant Examiners. Lillian J. Madison and Dr. Rickey P. Salocker, Board of Podiatry Examiners. Dr. Janet S. McDonough and Dr. Scott W. Shafer, Board of Psychology Examiners. Erlene VeVerka, Board of Social Work Examiners. Julia A. Bebensee, Gary N. Boeke and Dr. Clifford S. Vogen, Board of Speech Pathology and Audiology Examiners. Harley R. Hiemstra, City Development Board. Clemmie Hightower, Commission of Elder Affairs. Barry D. Remington, Commission of Veterans Affairs. 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. 80th Day WEDNESDAY, APRIL 2, 1997 931 Judy R. Emmons and Sharon K. McCrabb, County Finance Committee. John J. Bentler, Tom N. Sarvis and William G. Sizer, Credit Union Review Board. Richard R. Phillips, Criminal and Juvenile Justice Planning Advisory Council. Cynthia P. Eisenhauer, Director of Workforce Development. Charles W. Larson, Drug Enforcement and Abuse Prevention Coordinator. Susan M. Long and Terry L. Martin, Engineering and Land Surveying Examining Board. David W. Belin, First in the Nation in Education Foundation Governing Board. Iris J. Post, Industrial Commissioner. Donald E. Snyder, Investment Board of the IPERS. Dr. Bruce W. Van Zee and Theresa A. Wallace, Iowa Board of Veterinary Medicine. Charles E. Rohm, Iowa Council on Human Investment. Harris D. Honsey, Iowa Economic Development Board. James A. Albert, Gwendolyn M. Boeke and K. Marie Thayer, Iowa Ethics and Campaign Disclosure Board. John V. Hartung, Iowa Higher Education Loan Authority. Kay A. Hagen Anderson and Darlene M. Jeris, Iowa Finance Authority. Jacqueline Day, Iowa Law Enforcement Academy Council. Hugh M. Field and Doris A. Hansen, Iowa Seed Capital Corporation. 932 JOURNAL OF THE SENATE 80th Day Flora M. Lee, Iowa State Civil Rights Commission. Monty D. Mitchell, Landscape Architectural Examining Board. Robert D. Walke, Mental Health and Developmental Disabilities Commission. Gary J. Johnson, Nancy M. Larson, Theresa H. Lewis and Evelyn M. Rank, Real Estate Commission. Wayne F. Drexler, School Budget Review Committee. Amy M. Love and William J. Motz, State Board for Respiratory Care. Terry Cooper, Horace C. Daggett, Drucilla M. Straub and William R. Thayer, State Board of Examiners for Nursing Home Administrators. Lisa E. Ahrens and Dr. Clarkson L. Kelly, State Board of Regents. Christopher A. Bjornstad, State Board of Tax Review. Darlene E. Blake, State Judicial Nominating Commission. William L. Wegman, State Public Defender. Bradley R. Peyton and Harold W. White, State Racing and Gaming Commission. Kenneth W. McNichols and Diane C. Thompson, State Soil Conservation Committee. Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 80th Day WEDNESDAY, APRIL 2, 1997 933 Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Drake Neuhauser Rife The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 499. Senate File 499 On motion of Senator Maddox, Senate File 499, a bill for an act relating to privileges and prohibitions for certain persons including those relating to motor vehicle licenses and to the regulation of tobacco, tobacco products, or cigarettes, and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Senator Maddox offered amendment S-3332 filed by the committee on Judiciary from the floor to pages 1, 2 and 4 of the bill. Senator Halvorson offered amendment S-3339 filed by Senators Halvorson, McKean and Maddox from the floor to amendment S- 3332 and moved its adoption. 934 JOURNAL OF THE SENATE 80th Day Amendment S-3339 was adopted by a voice vote. Senator Maddox moved the adoption of amendment S-3332 as amended, which motion prevailed by a voice vote. 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. 499) 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 Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Neuhauser Rife 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 499 be immediately messaged to the House. Senate File 163 On motion of Senator Boettger, Senate File 163, a bill for an act relating to the sale of cigarettes and tobacco products through 80th Day WEDNESDAY, APRIL 2, 1997 935 vending machines, with report of committee recommending amendment and passage, was taken up for consideration. Senator Boettger offered amendment S-3102 filed by the committee on Human Resources on March 3, 1997, to pages 1, 2 and the title page of the bill. Senator Rensink raised the point of order that amendment S-3102 was not germane to the bill. The Chair ruled the point well taken and amendment S-3102 out of order. Senator Hammond asked and received unanimous consent that action on Senate File 163 be deferred. BILL REFERRED TO COMMITTEE Senate Iverson asked and received unanimous consent that Senate File 246 be referred from the Unfinished Business Calendar to the committee on Ways and Means. CONSIDERATION OF BILLS (Regular Calendar) Senate File 417 On motion of Senator Angelo, Senate File 417, a bill for an act providing for the amount of a surety bond required to be executed by a treasurer of an extension council, was taken up for consideration. Senator Angelo offered amendment S-3126 filed by him on March 13, 1997, to page 1 of the bill and moved its adoption. Amendment S-3126 was adopted by a voice vote. Senator Angelo 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. 936 JOURNAL OF THE SENATE 80th Day On the question "Shall the bill pass?" (S.F. 417) 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 Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Neuhauser Rife 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 417 be immediately messaged to the House. Senate File 361 On motion of Senator Schuerer, 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, with report of committee on Business and Labor recommending passage, was taken up for consideration. Senator Schuerer 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. 361) the vote was: 80th Day WEDNESDAY, APRIL 2, 1997 937 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 Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Neuhauser Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 511 On motion of Senator Vilsack, Senate File 511, a bill for an act providing for the liability of a person with supervisory or other administrative responsibilities over an individual who the person knew or suspected committed abuse of a child, was taken up for consideration. President pro tempore Redfern took the chair at 6:02 p.m. Senator Vilsack moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 511) the vote was: Ayes, 44: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 938 JOURNAL OF THE SENATE 80th Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Kramer Lundby Neuhauser Rife Schuerer 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 Files 361 and 511 be immediately messaged to the House. Senate File 187 On motion of Senator Black of Jasper, 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, with report of committee on Ways and Means recommending passage on March 25, 1997, was taken up for consideration. Senator Connolly offered amendment S-3274 filed by him on March 27, 1997, to pages 2 and 3 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3274 be adopted?" (S.F. 187) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. 80th Day WEDNESDAY, APRIL 2, 1997 939 Ayes, 20: Boettger Borlaug Connolly Deluhery Douglas Flynn Fraise Gettings Halvorson Hansen Horn Judge King Maddox McKean McKibben Redfern Schuerer Szymoniak Tinsman Nays, 25: Angelo Bartz Behn Black, D. Black, J. Dearden Drake Dvorsky Fink Freeman Gronstal Hammond Hedge Iverson Jensen Kibbie Lundby McCoy McLaren Palmer Redwine Rehberg Rensink Vilsack Zieman Absent or not voting, 4: Kramer Neuhauser Rife Rittmer Amendment S-3274 lost. Senator Black of Jasper 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. 187) the vote was: Ayes, 45: 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 Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. 940 JOURNAL OF THE SENATE 80th Day Absent or not voting, 4: Kramer Neuhauser Rife Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 427 On motion of Senator Black of Kossuth, Senate File 427, a bill for an act relating to the election of county supervisors in certain counties, was taken up for consideration. Senator Black of Kossuth offered amendment S-3329 filed by him from the floor to page 2 of the bill and moved its adoption. Amendment S-3329 was adopted by a voice vote. Senator Lundby asked and received unanimous consent that action on Senate File 427 be deferred. BUSINESS PENDING Senate File 163 The Senate resumed consideration of Senate File 163, a bill for an act relating to the sale of cigarettes and tobacco products through vending machines, previously deferred. Senator Dvorsky offered amendment S-3352 filed by Senators Dvorsky and Hammond from the floor to pages 1, 2 and the title page of the bill. Senator Iverson raised the point of order that amendment S-3352 was not germane to the bill. The Chair ruled the point well taken and amendment S-3352 out of order. 80th Day WEDNESDAY, APRIL 2, 1997 941 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. 163) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Horn Iverson Jensen Judge Kibbie Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Hedge King Neuhauser Rife 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 163 and 187 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 April 2, 1997, adopted the following resolution in which the concurrence of the Senate is asked: 942 JOURNAL OF THE SENATE 80th Day House Concurrent Resolution 20, a concurrent resolution proclaiming the creation of the Iowa Veterans Foundation. This resolution was read first time and passed on file. ALSO: That the House has on April 2, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 492, a bill for an act relating to supplemental needs trusts for persons with disabilities. This bill was read first time and passed on file. House File 540, a bill for an act relating to personnel procedures and investment policy requirements for state government employees. This bill was read first time and passed on file. House File 616, a bill for an act relating to instruments filed or recorded with the county recorder. This bill was read first time and passed on file. House File 637, a bill for an act relating to the general operation of corporations, partnerships, and associations, including provisions relating to certain filings made by corporations and associations, the filing of biennial reports by certain corporations and cooperative associations, and establishing fees. This bill was read first time and passed on file. House File 662, a bill for an act relating to the defense of criminal charges, by making changes in the penalties applicable to certain offenses for which appointment of counsel is required, providing county attorneys or their designees with access to the centralized employee registry for purposes of collection of restitution, making changes relating to the determination of a person's indigency, prohibiting the submission of false information on an affidavit of financial status, requiring the state to enforce liens for restitution in criminal cases, and providing penalties. This bill was read first time and passed on file. 80th Day WEDNESDAY, APRIL 2, 1997 943 House File 678, a bill for an act relating to the recording of trials before a magistrate. This bill was read first time and passed on file. House File 698, a bill for an act relating to child abuse information and the central registry for child abuse information maintained by the department of human services and providing an effective date. This bill was read first time and passed on file. House File 702, a bill for an act relating to human services and facility requirements involving the single entry point process for mental health and developmental disabilities services, regional planning councils, human services institution employee record checks, decategorization of adult disability services funding, legal settlement involving community-based providers of treatment or services, and the operating requirements of an intermediate care facility for persons with mental retardation. This bill was read first time and passed on file. 944 JOURNAL OF THE SENATE 80th Day APPENDIX STUDY BILLS RECEIVED SSB 262 Ways & Means Relating to the nonrenewal or suspension of motor vehicle licenses for failure to pay indebtedness owned to or being collected by the state. SSB 263 Ways & Means Relating to reporting and depositing of local option sales and services taxes to the department of revenue and finance by retailers and increasing the amount of estimated distribution and frequency of distribution to cities and counties by the department of revenue and finance. SIMILAR BILLS RECEIVED On March 18, 1997, House File 405 was received and attached to similar Senate File 411 on the Senate calendar. On March 20, 1997, House File 628 was received and attached to similar Senate File 418 on the Senate calendar. On March 25, 1997, House File 636 was received and attached to similar Senate File 448 and House File 550 was received and attached to similar Senate File 339 on the Senate calendar. On March 26, 1997, House File 597 was received and attached to similar Senate File 453 on the Senate Calendar. On March 31, 1997, House File 453 was received and attached to similar Senate File 478 on the Senate calendar. COMPANION BILLS RECEIVED On March 18, 1997, House File 596 was received and attached to companion Senate File 360 and House File 611 was received and attached to companion Senate File 394 on the Senate calendar. 80th Day WEDNESDAY, APRIL 2, 1997 945 On April 1, 1997, House File 515 was received and attached to companion Senate File 317 on the Senate calendar. SUBCOMMITTEE ASSIGNMENTS House File 250 APPROPRIATIONS: McLaren, Chair; Dvorsky, Freeman, Halvorson and Lundby House File 439 STATE GOVERNMENT: Tinsman, Chair; Rittmer and Szymoniak House File 450 TRANSPORTATION: Rittmer, Chair; Freeman and McCoy House File 618 JUDICIARY: Maddox, Chair; Redfern and Vilsack House File 643 JUDICIARY: Tinsman, Chair; Hammond and McKibben House File 644 COMMERCE: Schuerer, Chair; King and Palmer House File 693 JUDICIARY: McKibben, Chair; Drake, Neuhauser, Redfern and Vilsack SSB 262 WAYS AND MEANS: Drake, Chair; McKibben and Szymoniak SSB 263 WAYS AND MEANS: Hedge, Chair; Deluhery and Freeman COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 533 (SSB 252), a bill for an act relating to and making appropriations to the justice system and providing effective dates. Recommendation: APPROVED COMMITTEE BILL. 946 JOURNAL OF THE SENATE 80th Day Final Vote: Ayes, 16: McLaren, Kramer, Flynn, Behn, Borlaug, Douglas, Freeman, Halvorson, Hedge, Jensen, Maddox, Rehberg, Rensink, Rife, Rittmer and Tinsman. Nays, 5: D. Black, Dvorsky, Gronstal, McCoy and Neuhauser. Pass, 2: Hammond and Vilsack. Absent, 2: Horn and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 533 and they were attached to the committee report. COMMERCE Final Bill Action: HOUSE FILE 82, a bill for an act relating to an award of attorney fees in an action to enforce a mechanic's lien. Recommendation: DO PASS. Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy and Redfern. Nays, none. Absent or not voting, 2: Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 514, a bill for an act relating to financial liability coverage and registration requirements for motor vehicles in this state, providing for the seizure of motor vehicle registration plates, and providing penalties and effective dates. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Hansen, King, Lundby, Maddox, McCoy and Redfern. Nays, 1: Gronstal. Absent or not voting, 2: Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. 80th Day WEDNESDAY, APRIL 2, 1997 947 Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy and Redfern. Nays, none. Absent or not voting, 2: Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 647, a bill for an act defining the crime of theft to include theutterance of a financial instruent for the use of property which knowingly will not be paid when presented to a financial institution and making a penalty applicable. Recommendation: DO PASS. Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy and Redfern. Nays, none. Absent or not voting, 2: Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 701, a bill for an act relating to the requirements for portability and continuity of health care coverage for individuals among certain types of health care coverage, and related matters. Recommendation: DO PASS. Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy and Redfern. Nays, none. Absent or not voting, 2: Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: HOUSE FILE 544, a bill for an act relating to placements for adoption and foster care by providinig for a family rights and responsibilities plan and agreement. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3341. 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: 948 JOURNAL OF THE SENATE 80th Day Final Bill Action: HOUSE FILE 579, a bill for an act relating to the membership of the medical assistance advisory council. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3340. 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. JUDICIARY Final Bill Action: HOUSE FILE 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3349. 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. 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 and April 2, 1997: EDUCATION Velma R. Huebner, Board of Educational Examiners. TRANSPORTATION Thomas C. Lillquist, Iowa Law Enforcement Academy Council. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Members of the student council from Knoxville West Elementary School, Knoxville, accompanied by Sid Graham and sponsors. Senator Fink. 80th Day WEDNESDAY, APRIL 2, 1997 949 Students from Waco High School, Wayland. Senator Vilsack. The following former members of the Senate were present in the Senate chamber: Senator Norman Rodgers, Adel; Senator Edgar Holden, Davenport; Senator Andy Frommelt, Dubuque and Senator Merlin Hulse, Clarence. AMENDMENTS FILED S(3341 H. F. 544 Human Resources S(3340 H. F. 579 Human Resources S(3342 S. F. 527 Steven D. Hansen S(3343 S. F. 527 Steven D. Hansen S(3344 S. F. 527 Steven D. Hansen S(3345 S. F. 378 Sheldon Rittmer Michael E. Gronstal S(3346 H. F. 655 Allen Borlaug Derryl McLaren S(3347 S. F. 521 Steven D. Hansen S(3348 S. F. 527 Michael E. Gronstal S(3349 H. F. 299 Judiciary S(3350 S. F. 493 Donald B. Redfern S(3351 H. F. 542 Steven D. Hansen S(3352 S. F. 163 Robert Dvorsky Johnie Hammond S(3353 H. F. 557 Michael E. Gronstal BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: H. C. R. 20 State Government H. F. 492 Human Resources H. F. 540 State Government H. F. 616 Local Government H. F. 637 Commerce H. F. 662 Judiciary 950 JOURNAL OF THE SENATE 80th Day H. F. 678 Judiciary H. F. 693 Judiciary H. F. 698 Human Resources H. F. 702 Human Resources EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 2, 1997, when the vote was taken on Senate File 511. Had I been present, I would have voted "'aye''. NEAL SCHUERER INTRODUCTION OF BILL Senate File 533, by committee on Appropriations, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Read first time under rule 28 and placed on the Appropriations Calendar. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:03 p.m., until 9:00 a.m., Thursday, April 3, 1997. CORRECTIONS TO THE SENATE JOURNAL Monday, March 31, 1997, page 872, Dr. Thomas A. Sunderbruch, Board of Educational Examiners, the committee on Education should have placed the appointee on the en bloc confirmation calendar instead of the individual confirmation calendar. Tuesday, April 1, 1997, page 882, the subcommittee assignment submitted for House File 613 should have been "SMALL BUSINESS, ECON. DEV. & TOURISM: Schuerer, Chair; Hansen and Redwine." 80th Day WEDNESDAY, APRIL 2, 1997 951 JOINT MEMORIAL SERVICE MEMORIAL SERVICE SEVENTY-SEVENTH GENERAL ASSEMBLY HOUSE CHAMBER WEDNESDAY, APRIL 2, 1997 7:00 p.m. PROGRAM REPRESENTATIVE RICHARD VANDE HOEF, PRESIDING Prelude Harpist, Kristin Fallon "Surely the Presence of the Lord is in This Place" Lanny Wolfe Memorial Session Choir, accompanied by Senator Mary Kramer on piano Invocation Representative Richard Vande Hoef "Jesus Medley" Rick Powell Memorial Session Choir, accompanied by Senator Mary Kramer on piano MEMORIALS - HOUSE Reading: Representatives Russell Teig, Steve Warnstadt and Dick Weidman MEMORIALS - SENATE Reading: Senators William Fink, Johnie Hammond and Kay Hedge MEMORIALS - HOUSE Reading: Representatives Robert Osterhaus, Donna Barry and Bob Brunkhorst Keyboard Solo Representative Dan Boddicker MEMORIALS - HOUSE Reading: Representatives David Heaton and James Hahn MEMORIALS - HOUSE AND SENATE Reading: Senator Tom Vilsack Reading: Senator Larry McKibben MEMORIALS - HOUSE Reading: Representatives Norman Mundie and Marcie Frevert MEMORIALS - SENATE Readings: Senators Richard Drake and Gene Maddox MEMORIALS - HOUSE Reading: Representatives Harold Van Maanen and Richard Arnold "Heaven Medley" Rick Powell Memorial Session Choir, accompanied by Senator Mary Kramer on piano 952 JOURNAL OF THE SENATE 80th Day IN MEMORIAM SERVED IN THE HOUSE OF REPRESENTATIVES AND SENATE Honorable John L. Mowry (Marshall County): House - 57th, 58th, 59th, 60th, 60thx (1957-1964), and 62nd (1967-1968) Senate 63rd and 64th (1969-1972) Honorable Richard L. Stephens (Washington County): House - 57th, 58th and 59th (1957-1962) Senate - 60th, 60thx, 61st, 62nd, 63rd and 64th (1963-1972) SERVED IN THE HOUSE OF REPRESENTATIVES Honorable Edward E. Busing (Hamilton County): 61st (1965-1966) Honorable Gerald Cornelius (Jackson County): 76th (1995-1996) Honorable Frank Crabb (Crawford County):63rd, 64th, 65th, 66th, 67th, 67thx, 68th, 69th, 69thx, 69thxx (1969-1982) Honorable Fred "Lee" Gallup (Jefferson County): 53rd, 54th and 55th (1949-1954) Honorable Warren Johnson (Woodbury County): 68th, 69th, 69thx and 69thxx (1979-1982) Honorable Luvern W. Kehe (Bremer County):63rd and 64th (1969-1972) Honorable Ruhl Maulsby (Calhoun County): 68th, 69th, 69thx, 69thxx, 70th, 71st, 72nd, 72ndx, 72ndxx, 73rd, 74th, 74thx (1979-1992) Honorable Wendell C. Pellett (Cass County): 64th, 65th, 66th, 67th, 67thx, 68th, 69th, 69thx, 69thxx, 70th, 71st, 72nd, 72ndx, 72ndxx and 73rd (1971-1990) Honorable Neal Pierce (Lucas County): 57th, 58th and 59th (1957-1962) Honorable Bill Salton (Palo Alto County): 76th (1995-1996) Honorable Clarence F. Schmarje (Muscatine County): 62nd (1969-1970) Honorable Hugo Schnekloth (Scott County): 67th, 67thx, 68th, 69th, 69thx, 69thxx, 70th, 71st, 72nd, 72ndx, 72ndxx and 73rd (1977-1990) Honorable Tom Dougherty (Monroe County): 60thx, 61st, 63rd and 64th (1964-1966 and 1969-1972) 80th Day WEDNESDAY, APRIL 2, 1997 953 SERVED IN THE SENATE Honorable Charles O. Laverty (Warren County) 63rd and 64th (1969-1972) Honorable Daryl H. Nims (Story County): 61st (1965-1966) Honorable William Plymat, Sr. (Polk County): 65th and 66th (1973-1976) Honorable W.R. Rabedeaux (Muscatine County): 63rd, 64th, 65th and 66th (1970- 1976) Honorable Bass Van Gilst (Mahaska County): 61st, 62nd, 63rd, 64th, 65th, 66th, 67th, 67thx, 68th, 69th, 69thx and 70th (1965-1984) Candlelighters Hosts Senator Tom Flynn Senator Nancy Boettger Senator Steve King Senator John Jensen Senator Matt McCoy Senator John Kibbie Senator Kitty Rehberg Senator William Palmer Representative Barry Brauns Representative Richard Vande Hoef Representative Polly Bukta Representative Dennis Cohoon Representative John Greig Representative Ralph Klemme Representative Beverly Nelson Representative Dolores Mertz Senate Memorial Committee House Memorial Committee Honorable Nancy Boettger, Chair Honorable Richard Vande Hoef, Chair Honorable John Jensen Honorable Dennis Cohoon Honorable John Kibbie Honorable Ralph Klemme Honorable William Palmer Honorable Dolores Mertz Memorial Session Choir directed by Harriet Vande Hoef Flowers arranged by The Bloomin' Greenery, Indianola, Iowa
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