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NINETY-FIFTH CALENDAR DAY FIFTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 17, 1997 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by the Reverend Connie O. McWilliams, pastor of the Reorganized Church of Jesus Christ of Latter Day Saints, Persia, Iowa. The Journal of Wednesday, April 16, 1997, was approved. INTRODUCTION OF BILLS Senate File 546, by committee on Ways and Means, a bill for an act relating to the administration of state individual income, corporate, franchise, motor fuel, and other taxes; collection of taxes and use of collection receipts; property taxes; property tax credits and replacement claims; sales, services, and use taxes and the imposition thereof on sales of prepaid telephone calling cards and prepaid authorization numbers; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and including effective and retroactive applicability date provisions. Read first time and placed on Ways and Means Calendar. Senate File 547, by committee on Ways and Means, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, and providing a penalty. Read first time and placed on Ways and Means Calendar. MOTIONS TO RECONSIDER WITHDRAWN House File 611 Senators Deluhery and Schuerer withdrew the motions to reconsider House File 611, a bill for an act relating to permissible 1234 JOURNAL OF THE SENATE 95th Day charges which may be contracted for and received with respect to open-end credit, filed by them on April 16, 1997, and found on page 1228 of the Senate Journal. Senator Iverson asked and received unanimous consent that House File 611 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 379 Senator Drake called up for consideration Senate File 379, a bill for an act providing for maintenance and repair of out-of-state commercial vehicles and providing an effective date, amended by the House and moved that the Senate concur in House amendment S- 3384 filed on April 7, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Drake 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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Szymoniak until she arrives on request of Senator Connolly. BUSINESS PENDING Senate File 379 The Senate resumed consideration of Senate File 379. On the question "Shall the bill pass?" (S.F. 379) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 95th Day THURSDAY, APRIL 17, 1997 1235 Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redwine Rehberg Rensink Rife Rittmer Schuerer Vilsack Zieman Nays, none. Absent or not voting, 5: Jensen Neuhauser Redfern Szymoniak Tinsman The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. UNFINISHED BUSINESS CALENDAR Senate File 393 On motion of Senator Schuerer, Senate File 393, a bill for an act amending the uniform securities Act relating to the registration of securities and the registration of broker-dealers and agents, establishing fees, and providing an effective date, placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Schuerer offered amendment S-3250 filed by Senators Schuerer and Jensen on March 26, 1997, to pages 2, 4, 6 and 7 of the bill and moved its adoption. Amendment S-3250 was adopted by a voice vote. Senator Schuerer asked and received unanimous consent that House File 553 be substituted for Senate File 393. House File 553 On motion of Senator Schuerer, House File 553, a bill for an act amending the uniform securities Act relating to the registration of 1236 JOURNAL OF THE SENATE 95th Day securities and the registration of broker-dealers and agents, establishing fees, and providing an effective date, was taken up for consideration. Senator Schuerer offered amendment S-3251 filed by him on March 26, 19997, to page 1 of the bill and moved its adoption. Amendment S-3251 was adopted by a voice vote. 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. 553) the vote was: Ayes, 50: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 553 be immediately messaged to the House and to send an immediate message to the House on Senate File 379. Senator Schuerer asked and received unanimous consent that Senate File 394 be withdrawn from further consideration of the Senate. 95th Day THURSDAY, APRIL 17, 1997 1237 UNFINISHED BUSINESS CALENDAR House File 612 On motion of Senator Boettger, House File 612, a bill for an act relating to child support recovery, providing penalties, and providing effective dates, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Boettger offered amendment S-3552 filed by Senators Boettger, et al., on April 16, 1997, to pages 26, 27, 31, 35, 41, 46, 115, 116, 119, 120, 125, 127-130, 136, 138, 139 and 144 of the bill and moved its adoption. Amendment S-3552 was adopted by a voice vote. Senator Boettger moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dvorsky until he returns on request of Senator Neuhauser. BUSINESS PENDING House File 612 The Senate resumed consideration of House File 612. On the question "Shall the bill pass?" (H.F. 612) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond 1238 JOURNAL OF THE SENATE 95th Day Hansen Harper 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. Absent or not voting, 1: Dvorsky 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 612 be immediately messaged to the House. UNFINISHED BUSINESS CALENDAR Senate File 478 On motion of Senator Schuerer, Senate File 478, a bill for an act relating to the grounds for termination of parental rights of a putative father and placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Schuerer offered amendment S-3417 filed by him on April 8, 1997, to strike everything after the enacting clause of the bill. Senator Vilsack raised the point of order that Senate File 478 was not eligible for consideration under Senate rules. The Chair ruled the point not well taken and that consideration of Senate File 478 with subsequent substitution, debate and disposition of House File 453 was in order. Senator Schuerer moved the adoption of amendment S-3417. Amendment S-3417 was adopted by a voice vote. 95th Day THURSDAY, APRIL 17, 1997 1239 Senator Schuerer asked and received unanimous consent that House File 453 be substituted for Senate File 478 as amended. House File 453 On motion of Senator Schuerer, House File 453, a bill for an act relating to the grounds for termination of parental rights of a putative father, was taken up for consideration. Senator Schuerer offered amendment S-3505 filed by him on April 14, 1997, to pages 1-3 of the bill and moved its adoption. Amendment S-3505 was adopted by a voice vote. 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. 453) 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 Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 1240 JOURNAL OF THE SENATE 95th Day House File 81 On motion of Senator Freeman, House File 81, a bill for an act relating to the qualifications for the successful completion of an approved hunter safety and ethics education course, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Bartz asked and received unanimous consent to withdraw amendment S-3488 filed by Senators Bartz, Borlaug and Dearden on April 14, 1997, to page 1 of the bill. 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. 81) 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 Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Harper Rittmer 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 81 be immediately messaged to the House. 95th Day THURSDAY, APRIL 17, 1997 1241 Senate File 317 On motion of Senator Behn, Senate File 317, a bill for an act relating to the determination of annual salaries for deputy sheriffs and placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Behn asked and received unanimous consent that House File 515 be substituted for Senate File 317. House File 515 On motion of Senator Behn, House File 515, a bill for an act relating to the determination of annual salaries for deputy sheriffs, was taken up for consideration. Senator Dearden offered amendment S-3375 filed by him on April 7, 1997, to page 1 of the bill and moved its adoption. Amendment S-3375 was adopted by a voice vote. Senator Behn 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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Judge until she returns on request of Senator Gronstal. BUSINESS PENDING House File 515 The Senate resumed consideration of House File 515. On the question "Shall the bill pass?" (H.F. 515) the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 1242 JOURNAL OF THE SENATE 95th Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Judge McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Behn asked and received unanimous consent that Senate File 317 be withdrawn from further consideration of the Senate. Senator Iverson asked and received unanimous consent that House File 515 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 11:43 a.m., until 1:00 p.m. 95th Day THURSDAY, APRIL 17, 1997 1243 APPENDIX COMMITTEE REPORTS WAYS AND MEANS Final Bill Action: *SENATE FILE 546 (SSB 264), a bill for an act relating to the administration of state individual income, corporate, franchise, motor fuel, and other taxes; collection of taxes and use of collection receipts; property taxes; property tax credits and replacement claims; sales, services, and use taxes and the imposition thereof on sales of prepaid telephone calling cards and prepaid authorization numbers; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and including effective and retroactive applicability date provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak and Vilsack. Nays, none. Absent or not voting, 2: Connolly and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 546 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 547 (formerly Senate File 256), a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak and Vilsack. Nays, none. Absent or not voting, 2: Connolly and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 547 and they were attached to the committee report. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 16, 1997, 8:16 a.m. 1244 JOURNAL OF THE SENATE 95th Day Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: McCoy (excused). Committee Business: Recommended passage of House File 715. Adjourned: 9:08 a.m. WAYS AND MEANS Convened: April 16, 1997, 11:37 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Members Absent: Connolly (excused). Committee Business: Assigned bill to a subcommittee; amended and approved SSBs 262, 264, 259 and Senate File 256 as committee bills; recommended passage of Senate File 445. Adjourned: 12:20 p.m. SUBCOMMITTEE ASSIGNMENT Senate File 540 BUSINESS AND LABOR: Rife, Chair; Gettings and Zieman MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which House File 453 passed the Senate on April 17, 1997. ROD HALVORSON PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fourteen twelfth grade students from Whiting Middle School, Whiting, accompanied by Carolann Ooten. Senator King. 95th Day THURSDAY, APRIL 17, 1997 1245 AMENDMENTS FILED S(3558 H. F. 715 Patty Judge S(3559 H. F. 693 Larry McKibben Mary Neuhauser S(3560 H. F. 715 Johnie Hammond Robert E. Dvorsky S(3561 H. F. 715 Johnie Hammond S(3562 H. F. 715 Johnie Hammond Mike Connolly S(3563 H. F. 693 Steven D. Hansen S(3564 S. F. 542 Steven D. Hansen S(3565 S. F. 530 Richard F. Drake Nancy Boettger Steve King Tom Flynn S(3566 S. F. 445 Mary Lou Freeman S(3567 H. F. 693 Mary Neuhauser S(3568 H. F. 693 Mary Neuhauser 1246 JOURNAL OF THE SENATE 95th Day AFTERNOON SESSION The Senate reconvened at 1:05 p.m., President pro tempore Redfern presiding. INTRODUCTION OF BILL Senate File 548, by Iverson and Gronstal, a bill for an act relating to the administration of lasix to horses at a pari-mutuel racetrack and subjecting violators to civil and criminal penalties, and providing an effective date. Read first time and assigned to committee on State Government. HOUSE MESSAGES 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 17, 1997, passed the following bill in which the concurrence of the House was asked: Senate File 174, a bill for an act relating to the operation of motorboats on artificial lakes. ALSO: That the House has on April 17, 1997, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 177, a bill for an act relating to motor vehicle operator prohibitions and restrictions including exhibition driving, littering, blood alcohol test certificates, and handicapped parking, and by establishing or making existing penalties applicable (S-3573). Senate File 442, a bill for an act relating to the designation of certain correctional facilities (S-3572) ALSO: That the House has on April 17, 1997, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected 95th Day THURSDAY, APRIL 17, 1997 1247 areas, lockers, desks, and other facilities and spaces and including effective and applicability provisions. House File 611, a bill for an act relating to permissible charges which may be contracted for and received with respect to open-end credit. ALSO: That the House has on April 17, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 266, a bill for an act relating to the administration of state individual income, corporate, motor fuel, and other taxes; property taxes, property tax credits and replacement claims; sales, services, and use taxes; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and providing a retroactive applicability date provision. This bill was read first time and passed on file. House File 721, a bill for an act relating to an insurance premium tax credit for eligible businesses under the new jobs and income program. This bill was read first time and passed on file. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Schuerer until he returns on request of Senator Redwine. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 34 present, 16 absent and a quorum present. The Senate stood at ease at 1:25 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 2:45 p.m., President pro tempore Redfern presiding. 1248 JOURNAL OF THE SENATE 95th Day QUORUM CALL Senator Boettger requested a non record roll call to determine that a quorum was present. The vote revealed 37 present, 13 absent and a quorum present. UNFINISHED BUSINESS CALENDAR (Deferred April 16, 1997) House File 715 The Senate resumed consideration of 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, deferred April 16, 1997. Senator Horn offered amendment S-3557 filed by him on April 16, 1997, to page 13 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3557 be adopted?" (H.F. 715) the vote was: Ayes, 23: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman 95th Day THURSDAY, APRIL 17, 1997 1249 Absent or not voting, 1: Rittmer Amendment S-3557 lost. Senator Judge offered amendment S-3558 filed by her from the floor to page 15 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3558 be adopted?" (H.F. 715) the vote was: Ayes, 23: Angelo Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3558 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he returns on request of Senator Dearden. BUSINESS PENDING House File 715 The Senate resumed consideration of House File 715. 1250 JOURNAL OF THE SENATE 95th Day Senator Szymoniak offered amendment S-3554 filed by her on April 16, 1997, to page 15 of the bill and moved its adoption. A non record roll call was requested. The ayes were 21, nays 25. Amendment S-3554 lost. Senator Vilsack offered amendment S-3579 filed by him from the floor to pages 19 and 20 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3579 be adopted?" (H.F. 715) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Tinsman Zieman Absent or not voting, 4: Jensen McCoy Rife Rittmer Amendment S-3579 lost. 95th Day THURSDAY, APRIL 17, 1997 1251 Senator Hammond withdrew amendment S-3561 filed by her from the floor to page 20 of the bill. Senator Hansen withdrew amendment S-3577 filed by him from the floor to page 27 of the bill. Senator Hammond offered amendment S-3578 filed by her from the floor to page 28 of the bill. President Kramer took the chair at 4:05 p.m. Senator Hammond moved the adoption of amendment S-3578. A record roll call was requested. On the question "Shall amendment S-3578 be adopted?" (H.F. 715) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Jensen King Kramer Lundby Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Absent or not voting, 4: Iverson McCoy McLaren Rittmer Amendment S-3578 lost. Senator Hammond offered amendment S-3562 filed by Senators Hammond and Connolly from the floor to page 32 of the bill, moved its adoption and requested a record roll call. 1252 JOURNAL OF THE SENATE 95th Day On the question "Shall amendment S-3562 be adopted?" (H.F. 715) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Boettger Douglas Drake Freeman Hedge Iverson King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 5: Borlaug Jensen McCoy Palmer Rife Amendment S-3562 lost. Senator Dvorsky offered amendment S-3586 filed by him from the floor to page 32 of the bill and moved its adoption. Amendment S-3586 lost by a voice vote. Senator Dvorsky withdrew amendment S-3548 filed by him on April 16, 1997, to page 32 of the bill. Senator Dvorsky offered amendment S-3575 filed by him from the floor to page 32 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3575 be adopted?" (H.F. 715) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 95th Day THURSDAY, APRIL 17, 1997 1253 Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: McCoy Amendment S-3575 lost. Senator Szymoniak offered amendment S-3583 filed by her from the floor to pages 32 and 33 of the bill and moved its adoption. A non record roll call was requested. The ayes were 19, nays 25. Amendment S-3583 lost. Senator Szymoniak offered amendment S-3506 filed by her on April 14, 1997, to pages 41, 53 and 55 of the bill and moved its adoption. Amendment S-3506 was adopted by a voice vote. Senator Hansen offered amendment S-3582 filed by Senators Hansen, et al., from the floor to page 46 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3582 be adopted?" (H.F. 715) the vote was: 1254 JOURNAL OF THE SENATE 95th Day Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Bartz McCoy Amendment S-3582 lost. Senator Hammond asked and received unanimous consent to withdraw amendment S-3560 filed by Senators Hammond and Dvorsky from the floor to page 48 of the bill. Senator Hammond offered amendment S-3576 filed by Senators Hammond and Dvorsky from the floor to page 48 of the bill. Senator Dvorsky asked and received unanimous consent that action on amendment S-3576 be deferred. Senator Bartz withdrew amendment S-3549 filed by him on April 16, 1997, to page 51 of the bill. Senator Harper offered amendment S-3585 filed by Senators Harper, Hansen and Halvorson from the floor to page 57 of the bill and moved its adoption. A record roll call was requested. 95th Day THURSDAY, APRIL 17, 1997 1255 On the question "Shall amendment S-3585 be adopted?" (H.F. 715) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: McCoy Redfern Amendment S-3585 lost. Senator Neuhauser offered amendment S-3584 filed by her from the floor to page 1 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3584 be adopted?" (H.F. 715) the vote was: Ayes, 20: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake 1256 JOURNAL OF THE SENATE 95th Day Freeman Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 4: Dearden Hedge McCoy Rife Amendment S-3584 lost. Senator Dvorsky offered amendment S-3581 filed by him from the floor to pages 10 and 49 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3581 be adopted?" (H.F. 715) the vote was: Ayes, 19: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 4: Dearden McCoy Palmer Rife Amendment S-3581 lost. Senator Dvorsky offered amendment S-3588 filed by him from the floor to pages 26 and 50 of the bill and moved its adoption. 95th Day THURSDAY, APRIL 17, 1997 1257 A record roll call was requested. On the question "Shall amendment S-3588 be adopted?" (H.F. 715) the vote was: Ayes, 18: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 6: Dearden Lundby McCoy Palmer Rife Szymoniak Amendment S-3588 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dearden until he returns on request of Senator Dvorsky. BUSINESS PENDING House File 715 The Senate resumed consideration of House File 715. Senator Hammond offered amendment S-3590 filed by her from the floor to pages 32 and 55 of the bill. 1258 JOURNAL OF THE SENATE 95th Day Senator Tinsman called for a division of amendment S-3590: lines 3-28 as division S-3590A and lines 29 and 30 as division S-3590B. Senator Hammond moved the adoption of division S-3590A. A record roll call was requested. On the question "Shall division S-3590A be adopted?" (H.F. 715) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Lundby Rehberg Rife Division S-3590A lost. Senator Hammond moved the adoption of division S-3590B, which motion prevailed by a voice vote. Senator Szymoniak withdrew amendment S-3592 filed by her from the floor to page 32 of the bill. 95th Day THURSDAY, APRIL 17, 1997 1259 Senator Szymoniak offered amendment S-3596 filed by her from the floor to page 32 of the bill and moved its adoption. Amendment S-3596 was adopted by a voice vote. Senator Vilsack offered amendment S-3595 filed by him from the floor to page 37 of the bill and moved its adoption. Amendment S-3595 was adopted by a voice vote. Senator Hammond asked and received unanimous consent to withdraw amendment S-3576 by Senators Hammond and Dvorsky to page 48 of the bill, previously deferred. Senator Hammond offered amendment S-3597 filed by Senators Hammond and Dvorsky from the floor to page 48 of the bill and moved its adoption. Amendment S-3597 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. 715) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 5: Dvorsky Flynn Harper Horn Neuhauser 1260 JOURNAL OF THE SENATE 95th Day The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR House File 693 On motion of Senator McKibben, House File 693, a bill for an act relating to civil actions and statutes of limitations in civil actions, the rate of interest on judgments and decrees, procedures for furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, and joint and several liability, with report of committee recommending amendment and passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration Senator Bartz took the chair at 6:45 p.m. Senator McKibben asked and received unanimous consent that action on House File 693 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 715 be immediately messaged to the House. INTRODUCTION OF RESOLUTIONS Senate Resolution 9, by Bartz, Boettger, Black Of Kossuth, Rensink, Kibbie, Judge, Behn, Fink, Hedge, and Borlaug, a concurrent resolution to request that the Congress of the United States maintain and renew its commitment to America's corn growers and this nation's ethanol industry by supporting a tax exemption and by taking other actions to increase this nation's commitment to the production and use of ethanol. Read first time and passed on file. Senate Concurrent Resolution 13, by Dvorsky, Neuhauser, Horn, McKean, Tinsman, McKibben, Hedge, and Kramer, a concurrent resolution recognizing the 150th anniversary of the founding of the University of Iowa. Read first time and passed on file. 95th Day THURSDAY, APRIL 17, 1997 1261 APPENDIX STUDY BILL RECEIVED SSB 271 Appropriations Relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, the state board of regents, to the transfer of moneys from the interest for Iowa schools fund, and making related statutory changes and providing effective date and applicability provisions. SUBCOMMITTEE ASSIGNMENTS Senate File 548 STATE GOVERNMENT: Rife, Chair; Borlaug and Kibbie SSB 271 APPROPRIATIONS: McLaren, Chair; Horn and Rehberg COMMITTEE REPORTS BUSINESS AND LABOR Final Bill Action: SENATE FILE 540, a bill for an act relating to workers' compensation by repealing the second injury compensation Act, eliminating the second injury fund, providing for the resolution of claims against the fund, including the imposition of an employer surcharge, providing for employee compensation for certain subsequent injuries, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 9: Rife, King, Behn, Freeman, Gettings, Horn, Jensen, Schuerer and Zieman. Nays, 2: Dearden and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE FILE 539, a bill for an act to legalize the proceedings taken by the Cedar Rapids Community School District to participate in an instructional support program and providing an effective and retroactive applicability date. Recommendation: DO PASS. 1262 JOURNAL OF THE SENATE 95th Day Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Vilsack. Nays, none. Absent or not voting, 1: Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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 aned retroactive applicability date. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Vilsack. Nays, none. Absent or not voting, 1: Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 8, a senate resolution recognizing Sergeant Scott Harlan Siefken and his family and requesting federal assistance. Recommendation: DO PASS. Final Vote: Ayes, 8: Iverson, Gronstal, Fink, Jensen, Kibbie, Maddox, Redfern and Rehberg. Nays, none. Absent or not voting, 3: Kramer, Judge and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. C. R. 13 Education S. R. 9 Agriculture H. F. 266 Ways and Means H. F. 721 Ways and Means EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate on April 16, 1997. Had I been present, I would have voted "nay" on House File 611 and "aye" on House Files 376, 701, 384, 596, 577, 439, 449, 680, 615, 647, 698, 662 and Senate File 161. MIKE CONNOLLY 95th Day THURSDAY, APRIL 17, 1997 1263 AMENDMENTS FILED S(3569 H. F. 693 Mary A. Lundby S(3570 H. F. 674 Johnie Hammond S(3571 H. F. 453 Neal Schuerer S(3572 S. F. 442 House amendment S(3573 S. F. 177 House amendment S(3574 H. F. 693 Steven D. Hansen S(3575 H. F. 715 Robert E. Dvorsky S(3576 H. F. 715 Johnie Hammond Robert E. Dvorsky S(3577 H. F. 715 Steven D. Hansen S(3578 H. F. 715 Johnie Hammond S(3579 H. F. 715 Tom Vilsack S(3580 S. F. 542 Tom Flynn Don Gettings Robert E. Dvorsky Patrick J. Deluhery Mike Connolly Mary Neuhauser Rod Halvorson Eugene S. Fraise Matt McCoy Tom Vilsack Patricia Harper Dennis H. Black Patty Judge Steven D. Hansen Bill Fink Wally E. Horn Johnie Hammond S(3581 H. F. 715 Robert E. Dvorsky S(3582 H. F. 715 Steven D. Hansen Dennis Black Rod Halvorson Robert E. Dvorsky S(3583 H. F. 715 Elaine Szymoniak S(3584 H. F. 715 Mary Neuhauser S(3585 H. F. 715 Patricia Harper Steven D. Hansen Rod Halvorson 1264 JOURNAL OF THE SENATE 95th Day S(3586 H. F. 715 Robert E. Dvorsky S(3587 H. F. 693 Tom Vilsack S(3588 H. F. 715 Robert E. Dvorsky S(3589 H. F. 635 Robert E. Dvorsky S(3590 H. F. 715 Johnie Hammond S(3591 H. F. 697 Don Gettings S(3592 H. F. 715 Elaine Szymoniak S(3593 H. F. 693 Larry McKibben Richard F. Drake S(3594 H. F. 514 Mary A. Lundby S(3595 H. F. 715 Tom Vilsack S(3596 H. F. 715 Elaine Szymoniak S(3597 H. F. 715 Johnie Hammond Robert E. Dvorsky S(3598 H. F. 693 Rod Halvorson S(3599 H. F. 693 Rod Halvorson S(3600 H. F. 693 Rod Halvorson ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:49 p.m., until 9:00 a.m., Friday, April 18, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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