Senate Journal: Wednesday, April 9, 1997

  EIGHTY-SEVENTH CALENDAR DAY
  FIFTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, April 9, 1997


  The Senate met in regular session at 9:00 a.m., President pro
  tempore Redfern presiding.

  Prayer was offered by the Reverend Bobb Barrick, pastor of the
  Sharon Center United Methodist Church, Kalona, Iowa.

  SPECIAL GUEST

  Senator McKibben presented Jan Mitchell, language arts teacher
  from Marshalltown High School who will be recognized today by the
  governor as 1997 Iowa Teacher of the Year. Mrs. Mitchell is also one
  of four finalists for the 1997 National Teacher of the Year and the
  first Iowa teacher in 14 years to be a national finalist.

  Mrs. Mitchell addressed the Senate briefly and the Senate rose to
  express its welcome to her and husband, Don.

  PRESENTATION OF PELLA TULIP QUEEN

  Senator Hedge appeared in the well of the Senate and presented
  Jeanna Redman, Queen of the Sixty-second Annual Tulip Time
  Festival from Pella, Iowa, who in turn introduced the members of her
  court: Carrie Van Maanen, Shalene Van Wyk, Crystal Van Haaften
  and Sybil Sullivan, who performed a traditional song and dance called
  the Meisje Ga Je Me.

  The Queen and her court passed out the famous Dutch cookies to
  Senators and staff, and invited the Senate to attend the Tulip Time
  Festival in Pella on May 8, 9 and 10, 1997.
  87th Day WEDNESDAY, APRIL 9, 1997 1061
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Kramer and Maddox until they arrive on request of Senator Iverson
  and
  Senator Vilsack until he arrives on request of Senator Judge.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  File 468 be referred from the Regular Calendar to the committee on
  Natural Resources and Environment.

  CONSIDERATION OF BILL
  (Regular Calendar)

  House File 416

  On motion of Senator McCoy, House File 416, a bill for an act
  relating to regulation of trucks and certain other large motor vehicles,
  including maximum vehicle weights, defining terms, providing
  effective dates, and making penalties applicable, with report of
  committees on Transportation and Ways and Means recommending
  passage, was taken up for consideration.

  Senator Drake offered amendment S-3362 filed by Senators
  Drake, Borlaug and McCoy on April 2, 1997, to pages 1, 2, 9 and 10 of
  the bill and moved its adoption.

  Amendment S-3362 was adopted by a voice vote.

  The Chair announced that amendment S-3187 was not eligible for
  consideration.

  Senator McCoy moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 416) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  1062 JOURNAL OF THE SENATE 87th Day
  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 Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 1:

  Kramer

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS CALENDAR

  Senate File 367

  On motion of Senator Bartz, Senate File 367, a bill for an act
  relating to transfers of real property by providing that certain
  disclosures regarding psychologically impacted property are not
  required and by amending the definition of transfer, placed on the
  Unfinished Business Calendar on April 3, 1997, was taken up for
  consideration.

  Senate Palmer offered amendment S-3155 filed by Senators
  Palmer and Bartz on March 18, 1997, to page 2 of the bill.

  Senator Bartz offered amendment S-3230 filed by him on March
  25, 1997, to amendment S-3155 and moved its adoption.

  Amendment S-3230 was adopted by a voice vote.

  Senator Palmer moved the adoption of amendment S-3155 as
  amended, which motion prevailed by a voice vote.

  Senator Connolly asked and received unanimous consent that
  action on Senate File 367 be deferred.
  87th Day WEDNESDAY, APRIL 9, 1997 1063
  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 692

  On motion of Senator Gettings, House File 692, a bill for an act
  relating to the criteria for issuance of handicapped special plates and
  making a civil penalty applicable, with report of committee
  recommending amendment and passage, was taken up for
  consideration.

  Senator Gettings offered amendment S-3359 filed by the
  committee on Transportation on April 3, 1997, to pages 3 and 4 of the
  bill and moved its adoption.

  Amendment S-3359 was adopted by a voice vote.

  Senator Gettings moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 692) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  Black, J. 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 Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Zieman

  Nays, none.

  Absent or not voting, 3:

  Boettger Kramer Vilsack

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  1064 JOURNAL OF THE SENATE 87th Day
  House File 579

  On motion of Senator Dearden, House File 579, a bill for an act
  relating to the membership of the medical assistance advisory council,
  with report of committee recommending amendment and passage,
  was taken up for consideration.

  Senator Dearden offered amendment S-3340 filed by the
  committee on Human Resources on April 2, 1997, to page 1 of the bill
  and moved its adoption.

  Amendment S-3340 was adopted by a voice vote.

  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?" (H.F. 579) 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 Kibbie
  King 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:

  Kramer

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  House File 335

  On motion of Senator Tinsman, House File 335, a bill for an act
  relating to public health issues under the purview of the
  Iowa
  87th Day WEDNESDAY, APRIL 9, 1997 1065
  department of public health, including vital statistics, the board of
  nursing examiners, the board of dental examiners, lead poisoning, the
  immunization registry, the child death review team, plumbing
  provisions and fees, and providing a penalty and a contingent
  effective date, with report of committee recommending amendment
  and passage, was taken up for consideration.

  Senator Tinsman offered amendment S-3229 filed by the
  committee on State Government on March 25, 1997, to page 2 of the
  bill and moved its adoption.

  Amendment S-3229 was adopted by a voice vote.

  Senator Gronstal offered amendment S-3213 filed by him on
  March 24, 1997, to page 1 and the title page of the bill and moved its
  adoption.

  Amendment S-3213 was adopted by a voice vote.

  Senator Tinsman offered amendment S-3412 filed by her on April
  8, 1997, to pages 6 and 7 of the bill and moved its adoption.

  Amendment S-3412 was adopted by a voice vote.

  Senator Iverson asked and received unanimous consent that action
  on House File 335 be deferred.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:30 a.m.,
  until 11:15 a.m.


  RECONVENED

  The Senate reconvened at 11:16 a.m., President pro tempore
  Redfern presiding.

  BUSINESS PENDING

  House File 335

  The Senate resumed consideration of House File 335, a bill for an
  act relating to public health issues under the purview of the
  Iowa
  1066 JOURNAL OF THE SENATE 87th Day
  department of public health, including vital statistics, the board of
  nursing examiners, the board of dental examiners, lead poisoning, the
  immunization registry, the child death review team, plumbing
  provisions and fees, and providing a penalty and a contingent
  effective date, previously deferred.

  Senator Halvorson offered amendment S-3440 filed by him from
  the floor to page 9 of the bill and moved its adoption.

  Amendment S-3440 was adopted by a voice vote.

  Senator Tinsman moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 335) 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 Lundby Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, 1:

  Rife

  Absent or not voting, 2:

  Kramer Rittmer

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:
  87th Day WEDNESDAY, APRIL 9, 1997 1067
  Senator Jensen until he returns on request of Senator Rensink.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 8, 1997)

  House File 688

  The Senate resumed consideration of House File 688, a bill for an
  act relating to handicapped 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, deferred April
  8, 1997.

  Senator Gettings moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 688) 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 Judge Kibbie King
  Lundby Maddox McCoy McKean
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Jensen Kramer Rittmer
  1068 JOURNAL OF THE SENATE 87th Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 704

  On motion of Senator Borlaug, House File 704, a bill for an act
  relating to substantive and other provisions affecting the state
  department of transportation and driver, motor vehicle, and highway
  regulation, including the definition of road work zones, registration
  fees for certain disaster relief vehicles, providing grounds for refusing
  renewal of vehicle registrations, regulation of intrastate motor
  carriers, imposing fees, providing for an electronic titling and
  registration program, creating, eliminating, or enhancing penalties,
  and providing effective dates, with report of committee recommending
  passage, was taken up for consideration.

  Senator Borlaug moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 704) 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 Judge Kibbie Lundby
  Maddox McCoy McKean McKibben
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 4:

  Jensen King Kramer Rittmer
  87th Day WEDNESDAY, APRIL 9, 1997 1069
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  House File 577

  On motion of Senator Fink, House File 577, a bill for an act relating
  to continuing education requirements of real estate appraisers, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Dvorsky asked and received unanimous consent that action
  on House File 577 be deferred.

  BUSINESS PENDING

  Senate File 367

  The Senate resumed consideration of Senate File 367, a bill for an
  act relating to transfers of real property by providing that certain
  disclosures regarding psychologically impacted property are not
  required and by amending the definition of transfer, previously
  deferred.

  Senator Bartz offered amendment S-3442 filed by Senators Bartz
  and Connolly from the floor to page 2 and the title page of the bill and
  moved its adoption.

  Amendment S-3442 was adopted by a voice vote.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Hammond and Dearden until they return on request of Senator
  Deluhery.

  BUSINESS PENDING

  Senate File 367

  The Senate resumed consideration of Senate File 367.
  1070 JOURNAL OF THE SENATE 87th Day
  Senator Iverson asked and received unanimous consent that action
  on Senate File 367 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 335, 416, 579, 688, 692 and 704 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 9, 1997, passed the following bills in which the concurrence of
  the House
  was asked:

  Senate File 222, a bill for an act relating to the use tax on motor
  vehicle leasing.

  Senate File 457, a bill for an act relating to the Iowa pharmacy
  practice Act by permitting qualified individuals to transport
  emergency medications; permitting more than one emergency drug
  box in a licensed health care facility; providing for electronic
  signatures on prescriptions; establishing programs to aid impaired
  pharmacists, pharmacist interns, and pharmacy technicians;
  providing for board investigative subpoena power; and establishing a
  penalty.

  ALSO: That the House has on April 9, 1997, amended and passed the following
  bills
  in which the concurrence of the Senate is asked:

  Senate File 132, a bill for an act relating to state department of
  transportation operations, including regulating hazardous materials
  transport, regulating motor vehicle dealers, eliminating requirements
  that the department adopt administrative rules in certain instances,
  and establishing, making applicable, or enhancing penalties (S-
  3443).

  Senate File 229, a bill for an act relating to the issuance of motor
  vehicle licenses for certain law enforcement officers and providing
  penalties (S-3444).

  RECESS

  On motion of Senator Iverson, the Senate recessed at 12:28 p.m.,
  until 1:15 p.m.
  87th Day WEDNESDAY, APRIL 9, 1997 1071
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  JUDICIARY

  Convened: April 8, 1997, 10:00 a.m.

  Members Present: McKean, Chair; Neuhauser, Ranking Member; Angelo, Boettger,
  Drake, Fraise, Hammond, Hansen, Redfern, Tinsman and Vilsack.

  Members Absent: Maddox, Vice Chair; Halvorson, King and McKibben (all
  excused).

  Committee Business: Recommended confirmation of governor's appointees.

  Adjourned: 10:14 a.m.

  WAYS AND MEANS

  Convened: April8, 1997, 12:17 p.m.

  Members Present: Douglas, Chair; Palmer, Ranking Member; Borlaug, Connolly,
  Deluhery, Drake, Freeman, Hedge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.

  Members Absent: McKibben, Vice Chair  and Judge (both excused).

  Committee Business: Assigned bills to subcommittees; recommended passage of
  Senate File 410 and House File 416; amended and approved SSB 253 as a
  committee
  bill.

  Adjourned: 12:46 p.m.

  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing
  Senate File 533, the following correction was made:

  1. Page 36, line 10, the word and number ""Section 26" were changed to the
  word
  and number "Section 28".

  MARY PAT  GUNDERSON
  Secretary of the Senate

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:
  1072 JOURNAL OF THE SENATE 87th Day
  Fifty fifth grade students from BCLUW Elementary School,
  Conrad, accompanied by Stacey Simpson. Senators Jensen, McKibben
  and Iverson.

  Members of the Young Leaders in Action Group from Waterloo,
  accompanied by Amy DeHaan. Senator Redfern.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 536

  WAYS AND MEANS: Palmer, Chair; Borlaug and Hedge

  House File 355

  WAYS AND MEANS: Hedge, Chair; Freeman and Szymoniak

  House File 626

  WAYS AND MEANS: Freeman, Chair; Borlaug and Connolly

  House File 651

  APPROPRIATIONS: Maddox, Chair; Dvorsky and McLaren

  AMENDMENTS FILED

  S(3439 H. F.  597 John P. Kibbie
  S(3440 H. F.  335 Rod Halvorson
  S(3441 S. F.  500 Andy McKean
  Rod Halvorson
  S(3442 S. F.  367 Merlin E. Bartz
  Mike Connolly
  S(3443 S. F.  132 House amendment
  S(3444 S. F.  229 House amendment
  S(3445 H. F.  383 Merlin E. Bartz
  87th Day WEDNESDAY, APRIL 9, 1997 1073
  AFTERNOON SESSION

  The Senate reconvened at 1:22 p.m., President pro tempore Redfern
  presiding.

  QUORUM CALL

  Senator Iverson requested a non record roll call to determine that a
  quorum was present.

  The vote revealed 31 present, 18 absent and a quorum present.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Judge and Gronstal until they return on request of Senator
  Gronstal;
  Senator Vilsack until he returns on request of Senator Black of Jasper;
  Senator
  Deluhery until he returns on request of Senator Palmer; Senator McCoy until
  he
  returns on request of Senator Hammond; Senator Maddox until he returns on
  request
  of Senator Iverson and Senator Neuhauser until she returns on request of
  Senator
  Dvorsky.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 275

  On motion of Senator Lundby, House File 275, a bill for an act
  relating to trademarks and service marks registered with the
  secretary of state, with report of committee recommending passage,
  was taken up for consideration.

  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?" (H.F. 275) the vote was:

  Ayes, 37:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  1074 JOURNAL OF THE SENATE 87th Day
  Douglas Drake Fink Flynn
  Fraise Freeman Gettings Halvorson
  Hammond Hansen Hedge Horn
  Iverson Jensen Kibbie King
  Lundby McKean McKibben McLaren
  Palmer Redfern Redwine Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman

  Nays, none.

  Absent or not voting, 12:

  Dearden Deluhery Dvorsky Gronstal
  Judge Kramer Maddox McCoy
  Neuhauser Rehberg Vilsack Zieman

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  House File 545

  On motion of Senator Hammond, House File 545, a bill for an act
  relating to the criteria for placement of delinquent children, for whom
  guardianship has been transferred to the director of human services,
  in certain facilities, with report of committee recommending passage,
  was taken up for consideration.

  Senator Hammond moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 545) the vote was:

  Ayes, 40:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Douglas Drake Dvorsky Fink
  Flynn Fraise Freeman Gettings
  Halvorson Hammond Hansen Hedge
  Horn Iverson Jensen Kibbie
  King Lundby McKean McKibben
  McLaren Palmer Redfern Redwine
  87th Day WEDNESDAY, APRIL 9, 1997 1075
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Zieman

  Nays, none.

  Absent or not voting, 9:

  Dearden Deluhery Gronstal Judge
  Kramer Maddox McCoy Neuhauser
  Vilsack

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  House File 354

  On motion of Senator Hedge, 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 the state for state tax
  purposes and including effective and retroactive applicability date
  provisions, with report of committee recommending passage, was
  taken up for consideration.

  Senator Hedge moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 354) the vote was:

  Ayes, 41:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Kibbie King Lundby McCoy
  McKean McKibben McLaren Palmer
  Redfern Redwine Rehberg Rensink
  1076 JOURNAL OF THE SENATE 87th Day
  Rittmer Schuerer Szymoniak Tinsman
  Zieman

  Nays, none.

  Absent or not voting, 8:

  Dearden Gronstal Judge Kramer
  Maddox Neuhauser Rife Vilsack

  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 House
  Files 275, 354 and 545 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  Senate File 453

  On motion of Senator Tinsman, Senate File 453, a bill for an act
  relating to school attendance and interagency efforts to address
  children's problems by applying school attendance requirements
  under the family investment program, providing for interagency
  agreements and attendance teams, and providing a civil penalty for
  truancy and placed on the Unfinished Business Calendar on April 3,
  1997, was taken up for consideration.

  Senator Tinsman offered amendment S-3415 filed by her on April
  8, 1997, to strike everything after the enacting clause and to the title
  page of the bill and moved its adoption.

  Amendment S-3415 was adopted by a voice vote.

  Senator Kibbie withdrew amendment S-3235 by him on March 26,
  1997, to page 1 of the bill.

  Senator Tinsman asked and received unanimous consent that
  House File 597 be substituted  for Senate File 453 as amended.
  87th Day WEDNESDAY, APRIL 9, 1997 1077
  (Action on House File 597 was deferred.)

  The Senate stood at ease at 2:00 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 3:30 p.m., Senator Hedge presiding.

  CONSIDERATION OF BILL
  (Regular Calendar)

  House File 232

  On motion of Senator Angelo, House File 232, a bill for an act
  providing for court-ordered treatment of a criminal defendant judged
  mentally incapable of standing trial, with report of committee
  recommending passage, was taken up for consideration.

  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.

  On the question "Shall the bill pass?" (H.F. 232) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  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 Rife
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Dvorsky Kramer Neuhauser
  1078 JOURNAL OF THE SENATE 87th Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 7, 1997)

  House File 542

  The Senate resumed consideration 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, deferred April 7, 1997.

  Senator Vilsack offered amendment S-3390 filed by him on April
  7, 1997, to page 1 of the bill.

  President Kramer took the chair at 3:40 p.m.

  Senator Vilsack moved the adoption of amendment S-3390.

  Amendment S-3390 lost 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.

  On the question "Shall the bill pass?" (H.F. 542) 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
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman
  87th Day WEDNESDAY, APRIL 9, 1997 1079
  Nays, 1:

  Hammond

  Absent or not voting, 1:

  Rife

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title as amended was agreed to.

  CONSIDERATION OF BILL
  (Regular Calendar)

  House File 578

  On motion of Senator Boettger, House File 578, a bill for an act
  providing for the continued operation of the department of human
  rights and including an effective date, with report of committee
  recommending passage, was taken up for consideration.

  Senator Boettger moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 578) the vote was:

  Ayes, 49:

  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
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.
  1080 JOURNAL OF THE SENATE 87th Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  HOUSE MESSAGES RECEIVED

  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 9, 1997, passed the following bills in which the concurrence of
  the House
  was asked:

  Senate File 296, a bill for an act relating to nonoccupational
  health care plan payments when an employer disputes workers'
  compensation liability.

  Senate File 523, a bill for an act relating to health care facilities
  by requiring employment checks of health care facility employees and
  providing for a registry of persons who are certified as a nurse aide or
  medication aide.

  ALSO: That the House has on April 9, 1997, amended the Senate amendment,
  concurred in the Senate amendment as amended, and passed the following bill
  in
  which the concurrence of the Senate is asked:

  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 (S-3448 to H-1611).

  UNFINISHED BUSINESS CALENDAR

  Senate File 531

  On motion of Senator Redfern, Senate File 531, a bill for an act
  relating to the increase in the physical plant and equipment levy and
  placed on the Unfinished Business Calendar on April 3, 1997, was
  taken up for consideration.

  Senator Redfern moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.
  87th Day WEDNESDAY, APRIL 9, 1997 1081
  On the question "Shall the bill pass?" (S.F. 531) the vote was:

  Ayes, 42:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Dearden
  Douglas Drake Dvorsky Fink
  Flynn Freeman Gettings Gronstal
  Halvorson Hammond Hansen Hedge
  Horn Iverson Jensen Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Redfern Redwine Rehberg
  Rensink Rife Schuerer Szymoniak
  Tinsman Zieman

  Nays, 6:

  Connolly Deluhery Fraise Judge
  Palmer Vilsack

  Absent or not voting, 1:

  Rittmer

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS CALENDAR

  Senate File 532

  On motion of Senator Redfern, Senate File 532, a bill for an act
  relating to tuition and fees charged by public school districts and
  providing an immediate effective date and placed on the Unfinished
  Business Calendar on April 3, 1997, was taken up for consideration.

  Senator Connolly offered amendment S-3446 filed by him from the
  floor to pages 1-3 of the bill.

  Senator Connolly called for a division of amendment S-3446: page
  1, lines 2-50 and page 2, line 1 as division S-3446A; page 2, lines 2-
  50 and page 3, lines 1-2 as division S-3446B.
  1082 JOURNAL OF THE SENATE 87th Day
  Senator Iverson raised the point of order that division S-3446A
  was not germane to the bill.

  The Chair ruled the point well taken and division S-3446A out of
  order.

  (Action on division S-3446B and Senate File 532 was deferred.)

  The Senate stood at ease at 5:51 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 5:55 p.m., President Kramer
  presiding.

  BUSINESS PENDING

  Senate File 532

  The Senate resumed consideration of Senate File 532 and division
  S-3446B by Senator Connolly.

  Senator Connolly moved the adoption of division S-3446B.

  A record roll call was requested.

  On the question "Shall division S-3446B be adopted?" (S.F. 532)
  the vote was:

  Ayes, 21:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Palmer Szymoniak
  Vilsack

  Nays, 27:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Hedge Iverson Jensen
  87th Day WEDNESDAY, APRIL 9, 1997 1083
  King Kramer Lundby Maddox
  McKean McKibben McLaren Redfern
  Redwine Rehberg Rensink Rittmer
  Schuerer Tinsman Zieman

  Absent or not voting, 1:

  Rife

  Division S-3446B lost.

  Senator Hansen asked and received unanimous consent that action
  on amendment S-3454 filed by Senators Hansen and Vilsack from
  the floor to page 4 and the title page of the bill be deferred for
  consideration of amendment S-3455.

  Senator Hansen offered amendment S-3455 filed by Senators
  Hansen and Vilsack from the floor to page 4 and the title page of the
  bill.

  Senator Redfern raised the point of order that amendment S-3455
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3455 out
  of order.

  The Senate resumed consideration of amendment S-3454 by
  Senators Hansen and Vilsack to page 4 and the title page of the bill,
  previously deferred.

  Senator Redfern raised the point of order that amendment S-3454
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3454 out
  of order.

  Senator Redfern moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 532) the vote was:
  1084 JOURNAL OF THE SENATE 87th Day
  Ayes, 29:

  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 Szymoniak Tinsman
  Zieman

  Nays, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Palmer Vilsack

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 655

  Senator Borlaug called up for consideration of 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, amended
  by the Senate, further amended by the House and moved that the
  Senate concur in House amendment S-3448 to Senate amendment
  H-1611 filed April 9, 1997.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment to the Senate amendment.

  Senator Borlaug moved that the bill as amended by the Senate,
  further amended by the House and concurred in by the Senate, be
  read the last time now and placed upon its passage, which motion
  prevailed by a voice vote and the bill was read the last time.
  87th Day WEDNESDAY, APRIL 9, 1997 1085
  On the question "Shall the bill pass?" (H.F. 655) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Freeman
  Gettings Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge Kibbie King Kramer
  Lundby Maddox McKean McKibben
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Tinsman
  Zieman

  Nays, 4:

  Fraise Gronstal McCoy Vilsack

  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)

  House File 132

  On motion of Senator Bartz, House File 132, a bill for an act
  relating to the liability of persons involved in domesticated animal
  activities, with report of committee recommending passage, was
  taken up for consideration.

  Senator Redfern offered amendment S-3420 filed by him on April
  8, 1997, to page 4 of the bill and moved its adoption.

  A non record roll call was requested.

  The ayes were 8, nays 27.
  1086 JOURNAL OF THE SENATE 87th Day
  Amendment S-3420 lost.

  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?" (H.F. 132) the vote was:

  Ayes, 49:

  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
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  House File 126

  On motion of Senator Drake, House File 126, a bill for an act
  relating to the state sales and use tax exemption on certain
  computers, machinery, equipment, and fuel, with report of committee
  recommending passage, was taken up for consideration.

  Senator Vilsack offered amendment S-3337 filed by him on April
  2, 1997, to page 2 of the bill, moved its adoption and requested a
  record roll call.
  87th Day WEDNESDAY, APRIL 9, 1997 1087
  On the question "Shall amendment S-3337 be adopted?" (H.F. 126)
  the vote was:

  Ayes, 19:

  Black, D. Dearden Deluhery Dvorsky
  Fink Flynn Fraise Gettings
  Gronstal Halvorson Hammond Hansen
  Horn Judge Kibbie Neuhauser
  Palmer Szymoniak Vilsack

  Nays, 30:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Connolly Douglas
  Drake Freeman Hedge Iverson
  Jensen King Kramer Lundby
  Maddox McCoy McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman

  Amendment S-3337 lost.

  Senator Drake moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 126) the vote was:

  Ayes, 43:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Douglas
  Drake Dvorsky Flynn Fraise
  Freeman Gettings Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 6:

  Connolly Dearden Deluhery Fink
  Gronstal Palmer
  1088 JOURNAL OF THE SENATE 87th Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS CALENDAR
  (Deferred March 31, 1997)

  House File 475

  The Senate resumed consideration of House File 475, a bill for an
  act relating to the acquisition of a branch of a savings association by a
  newly chartered bank and providing an effective date, deferred March
  31, 1997.

  Senator Redfern asked and received unanimous consent that action
  on S-3311 filed by Senators Redfern, et al., on April 1, 1997, to page
  1 of the bill be deferred.

  Senator Redfern offered amendment S-3312 filed by Senators
  Redfern, et al., on April 1, 1997, to page 1 of the bill.

  Senator Flynn raised the point of order that amendment S-3312
  was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3312
  in order.

  Senator Redfern moved the adoption of amendment S-3312 and
  requested a record roll call.

  On the question "Shall amendment S-3312 be adopted?" (H.F. 475)
  the vote was:

  Ayes, 17:

  Bartz Dearden Deluhery Douglas
  Dvorsky Gronstal Hammond Hansen
  Horn Iverson Kramer Lundby
  Maddox McCoy Palmer Redfern
  Szymoniak

  Nays, 32:

  Angelo Behn Black, D. Black, J.
  Boettger Borlaug Connolly Drake
  87th Day WEDNESDAY, APRIL 9, 1997 1089
  Fink Flynn Fraise Freeman
  Gettings Halvorson Hedge Jensen
  Judge Kibbie King McKean
  McKibben McLaren Neuhauser Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Tinsman Vilsack Zieman

  Amendment S-3312 lost.

  Senator Redfern asked and received unanimous consent to
  withdraw amendment S-3311, previously deferred.

  Senator Jensen moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 475) the vote was:

  Ayes, 49:

  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
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  WITHDRAWN

  Senator Jensen asked and received unanimous consent that
  Senate File 397 be withdrawn from further consideration of the
  Senate.
  1090 JOURNAL OF THE SENATE 87th Day
  The Journal of Tuesday, April 8, 1997, was approved.

  HOUSE MESSAGE RECEIVED

  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 9, 1997, amended and passed the following bill in which the
  concurrence
  of the Senate is asked:

  Senate File 391, a bill for an act relating to and making
  appropriations to the state department of transportation, including
  allocation and use of moneys from the general fund of the state, road
  use tax fund, and primary road fund, providing for the nonreversion
  of certain moneys, establishing a toll-free road and weather reporting
  system, eliminating the motor vehicle use tax as the funding source
  for the value-added agricultural products and processes financial
  assistance program and the renewable fuels and coproducts fund, and
  providing for the designation of access Iowa highways, and providing
  effective dates (S-3453).

  INTRODUCTION OF BILL

  Senate Resolution 7, by Hammond, Vilsack, Dvorsky, Kramer,
  and Gronstal, a senate resolution honoring Mr. Michael Gartner for
  winning the Pulitzer Prize for editorial writing.

  Read first time and passed on file.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 126, 132, 232, 475, 542, 578, 655 and Senate Files 531 and
  532 be immediately messaged to the House.

  SEAT REASSIGNMENT

  Senator Iverson asked and received unanimous consent that
  Senator Kramer move to seat #36 and that Senator-elect Patricia
  Harper assume seat #3 for the remainder of the Seventy-seventh
  General Assembly.
  87th Day WEDNESDAY, APRIL 9, 1997 1091
  APPENDIX

  EXPLANATION OF VOTES

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  8, 1997, when the vote was taken on Senate Files 687 and 529.

  Had I been present, I would have voted "aye" on the bills.

  PATTY JUDGE

  STUDY BILL RECEIVED

  SSB 266 Ways & Means

  To increase the tuition and textbook tax credit to twenty percent of
  the first one thousand dollars of k through 12 tuition and textbook
  expenses and providing a retroactive applicability date.

  REPORTS OF COMMITTEE MEETINGS

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE
  AND CAPITALS

  Convened: April 8, 1997, 9:40 a.m.

  Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking
  Member;
  Connolly and Douglas.

  Members Absent: none.

  Committee Business: Discussed proposed appropriations bill draft.

  Adjourned: 10:38 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE
  AND CAPITALS

  Convened: April 9, 1997, 10:45 a.m.

  Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking
  Member;
  Connolly and Douglas.

  Members Absent: none.

  Committee Business: Handouts on welfare reform funding request were
  distributed.

  Adjourned: 10:50 a.m.
  1092 JOURNAL OF THE SENATE 87th Day
  BILLS ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of the following bills
  to committee:

  S. R.  7 Rules and Administration
  H. F.  708 Appropriations
  H. F.  710 Appropriations

  AMENDMENTS FILED

  S(3446 S. F.  532 Mike Connolly
  S(3447 H. F.  383 Merlin E. Bartz
  S(3448 H. F.  655 House amendment
  S(3449 H. F.  707 Andy McKean
  S(3450 H. F.  707 Andy McKean
  S(3451 S. F.  367 Merlin E. Bartz
  Mary Neuhauser
  S(3452 H. F.  577 Robert Dvorsky
  S(3453 S. F.  391 House amendment
  S(3454 S. F.  532 Steven D. Hansen
  Tom Vilsack
  S(3455 S. F.  532 Steven D. Hansen
  Tom Vilsack
  S(3456 H. F.  577 Robert Dvorsky
  S(3457 H. F.  636 Allen Borlaug
  Dick L. Dearden

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 8:42 p.m.,
  until 9:00 a.m., Thursday, April 10, 1997.




  CORRECTION TO THE SENATE JOURNAL
  OF TUESDAY, APRIL 8, 1997

  Page 1026, the subcommittee report submitted by the Local Government
  committee
  on House File 434 should have been on Senate File 434 (members are correct
  as
  printed).

Iowa General Assembly

Index: Senate Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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