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EIGHTY-EIGHTH CALENDAR DAY FIFTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 10, 1997 The Senate met in regular session at 9:11 a.m., President Kramer presiding. Prayer was offered by Dr. Gary Rossberg, President of Cross Trainers Ministries of West Des Moines, Iowa The Journal of Wednesday, April 9, 1997, was approved. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 7, a senate resolution honoring Mr. Michael Gartner for winning the Pulitzer Prize for editorial writing. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Fink, Jensen, Judge, Kibbie, Lundby, Maddox, Redfern and Rehberg. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 7. Senate Resolution 7 On motion of Senator Hammond, Senate Resolution 7, a senate resolution honoring Mr. Michael Gartner for winning the Pulitzer Prize for editorial writing, with report of committee recommending passage, was taken up for consideration. 1094 JOURNAL OF THE SENATE 88th Day Senator Hammond escorted Mr. Gartner to the well of the Senate and the following resolution was read: 1 SENATE RESOLUTION 7 2 by: Hammond, Vilsack, Dvorsky, Kramer, And Gronstal 3 (Companion To LSB 2765hh By Doderer) 4 A Senate Resolution honoring Mr. Michael Gartner for 5 winning the Pulitzer Prize for editorial writing. 6 WHEREAS, Mr. Gartner's maternal grandfather, Dr. 7 John Charles Gay, edited the Waterloo Morning Tribune 8 and Mr. Gartner's father, Mr. Carl Gartner, was an 9 editor for the Des Moines Register for more than 40 10 years, ensuring that the pundit's genetic code spelled 11 out "newspaperman"; and 12 WHEREAS, whenever Mr. Gartner's education and 13 career paths led him from Iowa, his self-professed 14 love for this state eventually enticed him to return; 15 and 16 WHEREAS, Mr. Gartner's educational path took him to 17 Carleton College in Northfield, Minnesota, and New 18 York University where he received his juris doctorate 19 degree; and 20 WHEREAS, 14 years with the Wall Street Journal as a 21 reporter and editor, including five years as a page 22 one editor, prepared him for further career successes 23 as executive editor, and subsequently editor and 24 company president of the Des Moines Register and 25 Tribune; general news executive and subsequently 26 editor of the Gannett Company's Louisville Courier- 27 Journal and Times; president of NBC News; and for his 28 current full-time duties as editor and part-owner of 29 The Daily Tribune of Ames; and 30 WHEREAS, as a columnist for USA Today and the Wall Page 2 1 Street Journal, commentator for Iowa public radio and 2 the Voice of America, and as a fellow at the Institute 3 of Politics at the Kennedy School of Government at 4 Harvard University, Mr. Gartner has ably represented 5 this state to the rest of the country; and 6 WHEREAS, Mr. Gartner has been praised for 7 transforming The Daily Tribune into a lively, well- 8 received community newspaper by emphasizing local news 9 and writing expressively about the problems of the 10 community of Ames and this state; and 11 WHEREAS, in an address to the joint convention of 12 the General Assembly on Pioneer Lawmakers' Day, March 13 28, 1995, the inveterate logophile described Iowa as 14 open, clean, and honest and observed that Iowans 15 believe in education, hard work, equality, and 88th Day THURSDAY, APRIL 10, 1997 1095 16 selflessness; attributes which could also describe Mr. 17 Gartner; and 18 WHEREAS, journalism awards and service to 19 journalism are nothing new to Mr. Gartner, who served 20 as president of the American Society of Newspaper 21 Editors (ASNE); was a member of the Pulitzer Prize 22 Board for 10 years, serving as chairman in his final 23 year on the board; received the ASNE Distinguished 24 Writing Award for Editorial Writing and was runner-up 25 for that award for the following three years; and won 26 the Walker Stone Award for Editorial Writing; and 27 WHEREAS, the Pulitzer Prize is journalism's most 28 prestigious award; and 29 WHEREAS, it was announced on April 7, 1997, that 30 Michael Gartner of The Daily Tribune of Ames, Iowa, is Page 3 1 the recipient of the 1997 Pulitzer Prize for editorial 2 writing, based on nine editorials he wrote during 1996 3 for The Daily Tribune; NOW THEREFORE, 4 BE IT RESOLVED BY THE SENATE, That the Senate 5 recognize and honor Mr. Michael Gartner for his 6 lifetime of work and achievements, especially his 7 outstanding accomplishment in winning the 1997 8 Pulitzer Prize for editorial writing, and mark its 9 appreciation for his steadfast love and enthusiasm for 10 the people and the state of Iowa. 11 BE IT FURTHER RESOLVED, That an official copy of 12 this Resolution be prepared for presentation to Mr. 13 Gartner. Mr. Gartner address the Senate with brief remarks. The Senate rose to express congratulations for his accomplishments, and he was presented with a copy of Senate Resolution 7. Senator Hammond moved the adoption of Senate Resolution 7, which motion prevailed by a voice vote. CONSIDERATION OF BILLS (Regular Calendar) House File 308 On motion of Senator Angelo, House File 308, a bill for an act relating to notification requirements for communications between a debt collector and a debtor, with report of committee recommending passage, was taken up for consideration. 1096 JOURNAL OF THE SENATE 88th Day 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. 308) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake 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 Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Dvorsky Fink Hammond The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 167 On motion of Senator Freeman, House File 167, a bill for an act relating to eligibility requirements for workers' compensation, with report of committee recommending passage, was taken up for consideration. Senator Freeman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 167) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 88th Day THURSDAY, APRIL 10, 1997 1097 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. House File 707 On motion of Senator McKean, House File 707, a bill for an act relating to substance abuse evaluation and education, use of ignition interlock devices, motor vehicle license revocations and payment of restitution by certain drivers; to civil liability, forfeiture, and criminal penalties arising from operation of a motor vehicle by a person whose license is suspended, denied, revoked, or barred; and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Senator McKean offered amendment S-3363 filed by the committee on Judiciary on April 7, 1997, to pages 1-4, 7, 8, 10, 12, 18, 21-24, 26-29 and the title page of the bill. President pro tempore Redfern took the chair at 9:52 a.m. Senator McKean offered amendment S-3449 filed by him on April 9, 1997, to amendment S-3363 and moved its adoption. Amendment S-3449 was adopted by a voice vote. Senator McKean offered amendment S-3450 filed by him on April 9, 1997, to amendment S-3363 and moved its adoption. Amendment S-3450 was adopted by a voice vote. 1098 JOURNAL OF THE SENATE 88th Day Senator McKean moved the adoption of amendment S-3363 as amended, which motion prevailed by a voice vote. Senator McCoy asked and received unanimous consent that action on House File 707 be deferred for preparation of a fiscal note. President Kramer took the chair at 10:12 a.m. House File 133 On motion of Senator Schuerer, House File 133, a bill for an act relating to the offering of point of service plan options in certain health benefit plans, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak offered amendment S-3335 filed by Senators Szymoniak and Hammond on April 2, 1997, to page 1 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3335 be adopted?" (H.F. 133) the vote was: Ayes, 24: Bartz Black, D. Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Gettings Halvorson Hammond Hansen Horn Jensen Judge Kibbie Neuhauser Palmer Rensink Rife Rittmer Szymoniak Vilsack Nays, 25: Angelo Behn Black, J. Boettger Borlaug Douglas Flynn Freeman Gronstal Hedge Iverson King Kramer Lundby Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Schuerer Tinsman Zieman 88th Day THURSDAY, APRIL 10, 1997 1099 Amendment S-3335 lost. Senator Lundby asked and received unanimous consent to withdraw amendment S-3414 filed by Senators Lundby, et al., on April 8, 1997, to page 3 of the bill. 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?" (H.F. 133) 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 Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Jensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 9, 1997, passed the following bill in which the concurrence of the Senate is asked: 1100 JOURNAL OF THE SENATE 88th Day House File 715, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing for effective and applicability dates. This bill was read first time and passed on file. CONSIDERATION OF BILL (Regular Calendar) House File 685 On motion of Senator Connolly, House File 685, a bill for an act relating to the required business hours of a motorcycle dealer, with report of committee recommending passage, was taken up for consideration. Senator Hedge offered amendment S-3460 filed by him from the floor to page 1 and the title page of the bill. Senator Connolly raised the point of order that amendment S- 3460 was not germane to the bill. The Chair ruled the point well taken and amendment S-3460 out of order. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gronstal until he returns on request of Senator Judge. BUSINESS PENDING House File 685 The Senate resumed consideration of House File 685. Senator Connolly 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. 88th Day THURSDAY, APRIL 10, 1997 1101 On the question "Shall the bill pass?" (H.F. 685) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink 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 Tinsman Vilsack Zieman Nays, 1: Dvorsky Absent or not voting, 3: Gronstal Palmer Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 133, 167, 308 and 685 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 293 Senator Douglas called up for consideration Senate File 293, a bill for an act increasing the property damage limit for mandatory reporting of motor vehicle accidents, amended by the House and moved that the Senate concur in House amendment S-3381 filed April 7, 1997. 1102 JOURNAL OF THE SENATE 88th Day The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Douglas moved that the bill as 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. On the question "Shall the bill pass?" (S.F. 293) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings 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 Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Gronstal Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING House File 707 The Senate resumed consideration of House File 707, a bill for an act relating to substance abuse evaluation and education, use of ignition interlock devices, motor vehicle license revocations and 88th Day THURSDAY, APRIL 10, 1997 1103 payment of restitution by certain drivers; to civil liability, forfeiture, and criminal penalties arising from operation of a motor vehicle by a person whose license is suspended, denied, revoked, or barred; and providing penalties, previously deferred. Senator Iverson asked and received unanimous consent that action on House File 707 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 11:30 a.m., until 1:30 p.m. AFTERNOON SESSION The Senate reconvened at 1:55 p.m., President Kramer presiding. QUORUM CALL President Kramer requested a non record roll call to determine that a quorum was present. The vote revealed 42 present, 8 absent and a quorum present. BUSINESS PENDING House File 707 The Senate resumed consideration of House File 707, a bill for an act relating to substance abuse evaluation and education, use of ignition interlock devices, motor vehicle license revocations and payment of restitution by certain drivers; to civil liability, forfeiture, and criminal penalties arising from operation of a motor vehicle by a person whose license is suspended, denied, revoked, or barred; and providing penalties, previously deferred. 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. 1104 JOURNAL OF THE SENATE 88th Day On the question "Shall the bill pass?" (H.F. 707) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 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 Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Drake McLaren Rife Absent or not voting, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. 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 10, 1997, passed the following bills in which the concurrence of the House was asked: Senate File 75, a bill for an act relating to the qualifications of groundwater professionals. Senate File 118, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and providing effective and retroactive applicability dates. 88th Day THURSDAY, APRIL 10, 1997 1105 Senate File 176, a bill for an act relating to child sexual abuse reporting. Senate File 230, a bill for an act relating to child abuse provisions involving assessments performed by the department of human services in response to reports of child abuse and providing effective dates. Senate File 280, a bill for an act providing immunity from civil liability for an employer or employer's representative who acts reasonably in providing information about a current or former employee of the employer. 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. Senate File 395, a bill for an act relating to the department of workforce development concerning the offsetting of unemployment compensation benefits, departmental liability for the release of unemployment compensation records, the voluntary shared work program, and workforce development services employees, and providing for an effective date. Senate File 501, a bill for an act relating to the department of workforce development and the enforcement of employment laws concerning emergency and hazardous materials inventories, construction contractors, amusement rides, asbestos and employment agency licenses, wage assignments, and boxing and wrestling. Senate File 516, a bill for an act revising public assistance provisions involving the family investment, job opportunities and basic skills, food stamp, and medical assistance programs administered by the department of human services, amending certain child support provisions, providing for fraudulent practices, and providing effective dates. ALSO: That the House has on April 10, 1997, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 123, a bill for an act relating to runaway children, by defining when a child is a chronic runaway, authorizing county 1106 JOURNAL OF THE SENATE 88th Day runaway treatment plans, and providing for assessment and treatment procedures for chronic runaways (S-3463). Senate File 193, a bill for an act relating to the election of trustees for special land use districts (S-3462). ALSO: That the House has on April 10, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 717, a bill for an act to legalize the proceedings taken by the Sergeant Bluff city council to grant an urban revitalization tax exemption for certain property and providing an effective and retroactive applicability date. This bill was read first time and passed on file. The Senate stood at ease at 2:28 p.m., until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 3:10 p.m., President pro tempore Redfern presiding. CONSIDERATION OF BILL (Regular Calendar) House File 121 On motion of Senator Redwine, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Redwine offered amendment S-3333 filed by the committee on Human Resources on April 2, 1997, to pages 1, 3-6 and the title page of the bill and called for a division: lines 12 and 25 as division S-3333A; lines 3-6, 9-11 and 13-24 as division S-3333B; and lines 7-8 and 26-28 as division S-3333C. Senator Vilsack asked and received unanimous consent that action on division S-3333A and House File 121 be deferred (divisions S- 3333B and S-3333C pending.) 88th Day THURSDAY, APRIL 10, 1997 1107 President Kramer took the chair at 3:58 p.m. CONSIDERATION OF BILL (Regular Calendar) House File 8 On motion of Senator Rittmer, House File 8, a bill for an act relating to the funding of state mandates, with report of committee recommending amendment and passage, was taken up for consideration. Senator Rittmer offered amendment S-3090 filed by the committee on State Government on February 26, 1997, to strike everything after the enacting clause of the bill. Senator Iverson raised the point of order that amendment S-3090 was not germane to the bill. The Chair ruled the point well taken and amendment S-3090 out of order. The Chair announced that with the ruling that amendment S- 3090 was not germane, amendment S-3185 was out of order. Senator Zieman offered amendment S-3354 filed by him on April 3, 1997, to pages 1 and 2 of the bill. Senator Zieman asked and received unanimous consent that action on amendment S-3354 be temporarily deferred for consideration of amendment S-3469. President pro tempore Redfern took the chair at 4:08 p.m. Senator Halvorson offered amendment S-3469 filed by him from the floor to pages 1 and 2 of the bill, moved its adoption and requested a non record roll call. The ayes were 22, nays 25. Amendment S-3469 lost. 1108 JOURNAL OF THE SENATE 88th Day Senator Zieman moved the adoption of amendment S-3354, previously deferred. A non record roll call was requested. The ayes were 25, nays 20. Amendment S-3354 was adopted. Senator Iverson asked and received unanimous consent that action on House File 8 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 707 be immediately messaged to the House. INTRODUCTION OF BILLS Senate File 537, by committee on Ways and Means, a bill for an act 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. Read first time and placed on Ways and Means Calendar. Senate File 538, by committee on Ways and Means, a bill for an act 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. Read first time and placed on Ways and Means Calendar. BILLS ASSIGNED TO COMMITTEE The Chair announced that the following bills were assigned to committee: H.F. 715 Appropriations H.F. 717 Judiciary 88th Day THURSDAY, APRIL 10, 1997 1109 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 10, 1997, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 253, a bill for an act relating to the practice of veterinary medicine and providing a penalty (S-3465). Senate File 503, a bill for an act relating to criminal justice, by providing for enhanced punishment for manufacturing methamphetamine in the presence of minors, providing restrictions on public nudity and actual or simulated public performance of sex acts in certain establishments, providing for abatement of nuisance created by certain establishments which allow or permit public nudity or actual or simulated public performances of sex acts in their establishment, making changes relating to permits and rights to carry and acquire weapons, providing for hormonal intervention therapy for persons convicted of certain sex offenses, authorizing probation supervision and revocation by administrative parole and probation judges in the sixth judicial district, providing restitution for death of a victim of a crime, and providing penalties and an effective date (S-3466). LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Borlaug for the remainder of the week on request of Senator Iverson. The Senate stood at ease at 4:40 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 6:01 p.m., President pro tempore Redfern presiding. 1110 JOURNAL OF THE SENATE 88th Day APPENDIX REPORT OF COMMITTEE MEETING RULES AND ADMINISTRATION Convened: April 9, 1997, 8:43 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Fink, Jensen, Judge, Kibbie, Lundby, Maddox, Redfern and Rehberg. Members Absent: none. Committee Business: Recommended passage of Senate Resolution 7. Adjourned: 8:44 p.m. STUDY BILLS RECEIVED SSB 267 Ways & Means Relating to the tax treatment of financial institutions and its shareholders which have made an election under subchapter S of the Internal Revenue Code and including a retroactive applicability date provision. SSB 268 Appropriations Relating to and making supplemental appropriations for the fiscal year beginning July 1, 1996, and providing an effective date. SUBCOMMITTEE ASSIGNMENTS House File 708 APPROPRIATIONS: Rensink, Chair; D. Black and Hedge House File 710 APPROPRIATIONS: Rittmer, Chair; Flynn and Jensen SSB 268 APPROPRIATIONS: McLaren, Chair; Neuhauser and Rife BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: 88th Day THURSDAY, APRIL 10, 1997 1111 MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 10th day of April, 1997: Senate Files 126, 205 and 300. MARY PAT GUNDERSON Secretary of the Senate EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 9, 1997, when the vote was taken on House Files 275, 545 and 354. Had I been present, I would have voted "aye" on the bills. MICHAEL E. GRONSTAL BILL SIGNED BY THE GOVERNOR A communication was received announcing that on April 9, 1997, the governor approved and transmitted to the secretary of state the following bills: S.F. 189 ( Extending the regular program district cost guarantee for school districts for two years, and providing an effective date. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fifty-four eleventh grade students from Colo-Nesco High School, Colo, accompanied by Jack Roberts. Senator McKibben. COMMITTEE REPORTS WAYS AND MEANS Final Bill Action: HOUSE FILE 306, a bill for an act relating to the individual income tax by extending the special method of computation of tax for value-added S corporation shareholders to all S corporation shareholders and eliminating the refund limitation and including effective and retroactive applicability date provisions. Recommendation: DO PASS. 1112 JOURNAL OF THE SENATE 88th Day Final Vote: Ayes, 11: Douglas, McKibben, Deluhery, Drake, Freeman, Hedge, Maddox, McLaren, Redfern and Vilsack. Nays, 3: Palmer, Connolly and Judge. Absent or not voting, 1: Szymoniak. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 355, a bill for an act relating to the tax exemption of active duty pay of national guard or armed forces military reserve personnel for certain foreign service and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern and Vilsack. Nays, none. Absent or not voting, 1: Szymoniak. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 537 (SSB 263), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern and Vilsack. Nays, none. Absent or not voting, 1: Szymoniak. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 538 (SSB 266), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern and Vilsack. Nays, 2: Judge and Vilsack. Absent or not voting, 1: Szymoniak. Fiscal Note: REQUIRED UNDER JOINT RULE 17. 88th Day THURSDAY, APRIL 10, 1997 1113 AMENDMENTS FILED S(3458 S. F. 236 Nancy Boettger Maggie Tinsman S(3459 H. F. 662 O. Gene Maddox S(3460 H. F. 685 H. Kay Hedge S(3461 H. F. 330 Larry McKibben S(3462 S. F. 193 House amendment S(3463 S. F. 123 House amendment S(3464 H. F. 697 Rodney Halvorson S(3465 S. F. 253 House amendment S(3466 S. F. 503 House amendment S(3467 H. F. 121 Rodney Halvorson S(3468 H. F. 121 Rodney Halvorson S(3469 H. F. 8 Rodney Halvorson S(3470 S. F. 519 House amendment 1114 JOURNAL OF THE SENATE 88th Day ANNOUNCEMENT OF VACANCY President pro tempore Redfern announced that notification had been received from the office of Governor Branstad of the following vacancy in the Senate: District 13 - Jim Lind, resignation effective March 21, 1997. COMMITTEE ON CREDENTIALS Senator Iverson moved that a committee on Credentials be appointed to examine and report on the elections in Senate District 13. The motion prevailed by a voice vote and the Chair announced the appointment of Senators Maddox, Chair; McKean, Boettger, Black of Jasper and Judge. The Senate stood at ease at 6:04 p.m. until the fall of the gavel. The Senate resumed session at 6:08 p.m., President pro tempore Redfern presiding. REPORT OF THE COMMITTEE ON CREDENTIALS MADAM PRESIDENT: We, your committee on credentials, respectfully report that we find the person named in the attached copy of the certification of the Secretary of State duly elected to and entitled to a seat in the Senate for the 1997 Session of the Seventy-seventh General Assembly. GENE MADDOX, Chair ANDY McKEAN NANCY BOETTGER DENNIS H. BLACK PATTY JUDGE CERTIFICATION-STATE OF IOWA OFFICE OF THE SECRETARY OF STATE To the Honorable, the Secretary of Senate: I, PAUL PATE, Secretary of the State of Iowa; custodian of the files and records pertaining to the elections in the state, do hereby certify that the State Canvassing Board has declared that at a special election held on April 8, 1997, Patricia Harper was elected to fill a vacancy in the office of State Senator of the Thirteenth District, for the balance of the term which began on January 9, 1995. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the Secretary of (SEAL) State at the Statehouse, in Des Moines this 10th Day of April, 1997. PAUL PATE, Secretary of State 88th Day THURSDAY, APRIL 10, 1997 1115 Senator Maddox moved the adoption of the Report of the Committee on Credentials, which motion prevailed by a voice vote. Senator Patricia Harper was escorted to the bar of the Senate by Senators Rittmer and Hammond, were duly sworn and subscribed her name to the oath of office. BUSINESS PENDING House File 121 The Senate resumed consideration of 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 and division S-3333A by the committee on Human Resources, previously deferred (divisions S-3333B and S- 3333C pending). Senator Redwine moved the adoption of division S-3333A. A record roll call was requested. On the question "Shall division S-3333A be adopted?" (H.F. 121) the vote was: Ayes, 26: Angelo Bartz Behn Black, J. Boettger Deluhery Douglas Flynn Fraise Freeman Gettings Hedge Iverson Jensen Kibbie King McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Zieman Nays, 21: Black, D. Connolly Dearden Drake Dvorsky Fink Gronstal Halvorson Hammond Hansen Harper Horn Judge Kramer Maddox Neuhauser Palmer Rittmer Szymoniak Tinsman Vilsack 1116 JOURNAL OF THE SENATE 88th Day Absent or not voting, 3: Borlaug Lundby Rife Division S-3333A was adopted. Senator Halvorson withdrew amendment S-3467 filed by him from the floor to division S-3333B. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Lundby and Rife until they return on request of Senator Bartz. BUSINESS PENDING House File 121 The Senate resumed consideration of House File 121. Senator Redwine moved the adoption division S-3333B. A record roll call was requested. On the question "Shall division S-3333B be adopted?" (H.F. 121) the vote was: Ayes, 21: Angelo Bartz Behn Black, J. Boettger Deluhery Douglas Flynn Freeman Hedge Iverson Jensen Judge King McKean McKibben Redwine Rehberg Rensink Schuerer Zieman Nays, 27: Black, D. Connolly Dearden Drake Dvorsky Fink Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Kibbie Kramer Maddox McCoy McLaren Neuhauser 88th Day THURSDAY, APRIL 10, 1997 1117 Palmer Redfern Rife Rittmer Szymoniak Tinsman Vilsack Absent or not voting, 2: Borlaug Lundby Division S-3333B lost. Senator Redwine moved the adoption of division S-3333C, which motion prevailed by a voice vote. Senator Halvorson offered amendment S-3468 filed by him from the floor to pages 1, 3, 5 and 6 of the bill and called for a division: lines 3-26 as division S-3468A and lines 27-30 as division S-3468B. Senator Halvorson moved the adoption of division S-3468A. A non record roll call was requested. The ayes were 10, nays 34. Division S-3468A lost. Senator Halvorson withdrew division S-3468B. Senator Redwine moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 121) the vote was: Ayes, 39: Angelo Bartz Behn Black, D. Black, J. Boettger Connolly Deluhery Douglas Drake Flynn Fraise Freeman Gettings Halvorson Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman 1118 JOURNAL OF THE SENATE 88th Day Nays, 8: Dearden Dvorsky Fink Gronstal Hammond Harper Neuhauser Szymoniak Absent or not voting, 3: Borlaug Lundby Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 8:00 p.m. UNFINISHED BUSINESS CALENDAR (Deferred April 9, 1997) House File 597 On motion of Senator Tinsman, House File 597, a bill for an act relating to school attendance by applying school attendance requirements under the family investment program, and providing a civil penalty for truancy, applicability provisions, and an effective date, substituted for Senate File 453 and deferred on April 9, 1997, was taken up for consideration. Senator Vilsack withdrew amendment S-3431 filed by him on April 8, 1997, to pages 1, 2, 5 and 6 of the bill. Senator Tinsman offered amendment S-3418 filed by Senators Tinsman, et al., on April 8, 1997, to pages 1-6 of the bill. Senator Vilsack withdrew amendment S-3427 filed by him on April 8, 1997, to amendment S-3418. Senator Kibbie withdrew amendment S-3439 filed by him on April 9, 1997, to amendment S-3418. Senator Hammond asked and received unanimous consent that action on amendment S-3418 be deferred. Senator Szymoniak offered amendment S-3474 filed by Senators Szymoniak and Vilsack from the floor to pages 3 and 5 of the bill. 88th Day THURSDAY, APRIL 10, 1997 1119 Senator Hammond called for a division of amendment S-3474: lines 3-9 as division S-3474A and lines 10-18 as division S-3474B. Senator Szymoniak moved the adoption of division S-3478A and requested a non record roll call. The ayes were 22, nays 24. Amendment S-3474A lost. Senator Szymoniak moved the adoption of division S-3474B. Division S-3474B lost by a voice vote. The Senate resumed consideration of amendment S-3418 by Senators Tinsman, et al., previously deferred. Senator Hammond offered amendment S-3476 filed by her from the floor to amendment S-3418 and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3476 to amendment S- 3418 be adopted?" (H.F. 597) the vote was: Ayes, 23: Black, D. Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 24: Angelo Bartz Behn Black, J. Boettger Douglas Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman 1120 JOURNAL OF THE SENATE 88th Day Absent or not voting, 3: Borlaug Lundby Rife Amendment S-3476 lost. Senator Tinsman moved the adoption of amendment S-3418, which motion prevailed by a voice vote. Senator Szymoniak offered amendment S-3473 filed by Senators Szymoniak and Vilsack on April 10, 1997, to page 7 of the bill. Senator Tinsman raised the point of order that amendment S- 3473 was not germane to the bill. The Chair ruled the point well taken and amendment S-3473 out of order. (Action on House File 597 was temporarily deferred.) The Senate stood at ease at 9:10 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 10:22 p.m., President Kramer presiding. CALL OF THE SENATE The Chair announced the following Call of the Senate had been filed at the desk: MADAM PRESIDENT: Pursuant to Rule 18 of the Rules of the Senate of the Seventy-seventh General Assembly, we, the undersigned, hereby request a Call of the Senate on House File 597. MICHAEL E. GRONSTAL PATTY JUDGE TOM VILSACK DENNIS BLACK EUGENE FRAISE MARY NEUHAUSER 88th Day THURSDAY, APRIL 10, 1997 1121 BILL FINK MATT McCOY MIKE CONNOLLY STEVEN D. HANSEN A non record roll call revealed all members present with the exception of Senators Gettings, Hammond, McLaren, Rife, Szymoniak and Rittmer who were absent, and Senators Lundby and Borlaug who were previously excused. Senator Vilsack moved that the Senate adjourn until 1:00 p.m., Monday, April 14, 1997. 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 10, 1997, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 519, a bill for an act relating to the authorized use and users of the Iowa communications network and providing an effective date (S-3470). INTRODUCTION OF BILL Senate Resolution 8, by Bartz, a senate resolution recognizing Sergeant Scott Harlan Siefken and his family and requesting federal assistance. Read first time and passed on file. A record roll call was requested on the motion to adjourn. On the question "Shall the motion to adjourn be adopted?" the vote was: Ayes, 19: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hansen Harper 1122 JOURNAL OF THE SENATE 88th Day Horn Judge Kibbie McCoy Neuhauser Palmer Vilsack Nays, 23: Angelo Bartz Behn Black, J. Boettger Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben Redfern Redwine Rehberg Rensink Schuerer Tinsman Zieman Absent or not voting, 8: Borlaug Gettings Hammond Lundby McLaren Rife Rittmer Szymoniak BILLS PLACED ON UNFINISHED BUSINESS CALENDAR Senator Iverson asked and received unanimous consent that the following bills be placed on the Unfinished Business Calendar: House Files 81, 82, 114, 142, 178, 202, 226, 229, 233, 265, 299, 307, 331, 336, 367, 371, 376, 383, 384, 410, 439, 449, 450, 456, 485, 492, 514, 540, 544, 552, 557, 612, 613, 615, 616, 625, 635, 637, 642, 643, 644, 647, 658, 661, 662, 666, 674, 680, 686, 693, 694, 697, 698, 701 and 702 IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 121 be immediately messaged to the House. The Senate stood at ease at 11:00 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 11:48 p.m., President Kramer presiding. CALL OF THE SENATE LIFTED Senator Iverson moved to lift the call of the Senate on House File 597 and requested a record roll call. On the question "Shall the call be lifted?" the vote was: 88th Day THURSDAY, APRIL 10, 1997 1123 Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Borlaug Gettings Hammond Rife Szymoniak The motion prevailed and the call was lifted. CONSIDERATION OF BILL (Regular Calendar) House File 331 On motion of Senator Redwine, House File 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces and including effective and applicability provisions, with report of committee recommending amendment and passage, was taken up for consideration. Senator Redwine offered amendment S-3356 filed by the committee on Education on April 3, 1997, to page 1 of the bill and called for a division: lines 3-30 and 34-43 as division S-3356A and lines 31-33 as division S-3356B. Senator Redwine moved the adoption of division S-3356A, which motion prevailed by a voice vote. 1124 JOURNAL OF THE SENATE 88th Day Senator Vilsack asked and received unanimous consent that action on division S-3356B and House File 331 be deferred. BUSINESS PENDING House File 597 The Senate resumed consideration of House File 597, a bill for an act relating to school attendance by applying school attendance requirements under the family investment program, and providing a civil penalty for truancy, applicability provisions, and an effective date, previously deferred. Senator Hansen withdrew the following motion to reconsider filed by him from the floor: MADAM PRESIDENT: I move to reconsider the vote by which division S-3473A to House File 597 failed to be adopted by the Senate on April 10, 1997. 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. 597) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Borlaug Gettings Hammond Rife Szymoniak 88th Day THURSDAY, APRIL 10, 1997 1125 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 House File 597 be immediately messaged to the House. Senator Tinsman asked and received unanimous consent that Senate File 453 be withdrawn from further consideration of the Senate. 1126 JOURNAL OF THE SENATE 88th Day APPENDIX AMENDMENTS FILED S(3470 S. F. 519 House amendment S(3471 H. F. 8 Tom Vilsack S(3472 H. F. 693 Tom Flynn S(3473 H. F. 597 Elaine Szymoniak Tom Vilsack S(3474 H. F. 597 Elaine Szymoniak Tom Vilsack S(3475 H. F. 662 O. Gene Maddox S(3476 H. F. 597 Johnie Hammond S(3477 H. F. 698 Elaine Szymoniak Nancy Boettger James E. Black S(3478 H. F. 708 Appropriations S(3479 H. F. 710 Appropriations COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 708, a bill for an act relating to agriculture and natural resources by providing for appropriations, related statutory changes, and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3478. Final Vote Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Borlaug. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 710, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3479. 88th Day THURSDAY, APRIL 10, 1997 1127 Final Vote Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Borlaug. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 12:45 a.m., until 10:00 a.m., Monday, April 14, 1997.
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Index: Senate Journal (77th General Assembly: Session 1)
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