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NINETY-SIXTH CALENDAR DAY FIFTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Friday, April 18, 1997 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by the Honorable Tom Vilsack, member of the Senate from Henry County, Mount Pleasant, Iowa. The Journal of Thursday, April 17, 1997, was approved. Senator McKean took the chair at 9:10 a.m. Senator Kramer took the chair at 9:14 a.m. Senator Bartz took the chair at 9:21 a.m. President Kramer took the chair at 9:26 a.m. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 44 present, 6 absent and a quorum present. UNFINISHED BUSINESS CALENDAR (Deferred April 17, 1997) House File 693 The Senate resumed consideration of 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 1266 JOURNAL OF THE SENATE 96th Day furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, and joint and several liability, deferred April 17, 1997. Senator McKibben offered amendment S-3355 filed by the committee on Judiciary on April 3, 1997, to page 9 of the bill. Senator McKibben offered amendment S-3559 filed by Senators McKibben and Neuhauser on April 17, 1997, to amendment S-3355 and moved its adoption. Amendment S-3559 was adopted by a voice vote. Senator McKibben moved the adoption of amendment S-3355 as amended, which motion prevailed by a voice vote. Senator McKibben offered amendment S-3593 filed by Senators McKibben and Drake on April 17, 1997, to pages 1-6, 9 and the title page of the bill. Senator McKibben asked and received unanimous consent that action on amendment S-3593 be deferred for consideration of amendment S-3587. Senator Vilsack offered amendment S-3587 filed by him on April 17, 1997, to pages 1 and 2 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3587 be adopted?" (H.F. 693) the vote was: Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 24: Angelo Bartz Behn Black, J. Boettger Douglas Drake Freeman 96th Day FRIDAY, APRIL 18, 1997 1267 Hedge Iverson Jensen King Kramer Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 4: Borlaug Gronstal McLaren Rife Amendment S-3587 lost. The Senate resumed consideration of amendment S-3593 by Senators McKibben and Drake to pages 1-6, 9 and the title page of the bill, previously deferred. Senator Vilsack called for a division of amendment S-3593: page 1, lines 3-6 and page 2, lines 15-28 as division S-3593A; page 1, lines 7- 14 as division S-3593B; page 1, lines 15-50 and page 2, lines 1-14 as division S-3593C; and page 2, lines 29-49 as division S-3593D. Senator McKibben moved the adoption of divisions S-3593A, S- 3593B, S-3593C and S-3595D, which motion prevailed by a voice vote on each division. Senator Hansen offered amendment S-3563 filed by him from the floor to pages 1 and 2 of the bill and called for a division: lines 3-6 as division S-3563A and lines 7-28 as division S-3563B. The Chair announced that division S-3563A was out of order with the adoption of division S-3593B. Senator Hansen moved the adoption of division S-3563B and requested a record roll call. On the question "Shall division S-3563B be adopted?" (H.F. 693) the vote was: Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond 1268 JOURNAL OF THE SENATE 96th Day Hansen Harper Horn Judge Kibbie McCoy 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 Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Absent or not voting, 1: Rittmer Division S-3563B lost. Senator Palmer offered amendment S-3608 filed by him from the floor to page 2 of the bill, moved its adoption and requested a non record roll call. The ayes were 23, nays 26. Amendment S-3608 lost. Senator Lundby withdrew amendment S-3569 filed by her on April 17, 1997, to page 2 of the bill. Senator Hansen offered amendment S-3607 filed by him from the floor to page 2 of the bill. Senator Bartz took the chair at 12:02 p.m. Senator Hansen moved the adoption of amendment S-3607. A record roll call was requested. On the question "Shall amendment S-3607 be adopted?" (H.F. 693) the vote was: 96th Day FRIDAY, APRIL 18, 1997 1269 Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Rittmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Absent or not voting, 2: Kramer McCoy Amendment S-3607 lost. Senator Neuhauser offered amendment S-3601 filed by her from the floor to page 3 of the bill. Senator Neuhauser asked and received unanimous consent that action on amendment S-3601 be deferred. Senator Flynn withdrew amendment S-3496 filed by him on April 14, 1997, to page 4 of the bill. Senator Flynn withdrew amendment S-3472 filed by him on April 10, 1997, to page 4 of the bill. Senator Flynn offered amendment S-3609 filed by him from the floor to page 4 of the bill. Senator McKibben raised the point of order that amendment S- 3609 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3609 in order. 1270 JOURNAL OF THE SENATE 96th Day Senator Flynn moved the adoption of amendment S-3609 and requested a record roll call. On the question "Shall amendment S-3609 be adopted?" (H.F. 693) the vote was: 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, 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, 1: Rife Amendment S-3609 lost. Senator Hammond offered amendment S-3604 filed by her from the floor to page 1 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3604 be adopted?" (H.F. 693) the vote was: Ayes, 21: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie 96th Day FRIDAY, APRIL 18, 1997 1271 McCoy 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 Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Dearden Rife Amendment S-3604 lost. Senator Harper offered amendment S-3611 filed by her from the floor to page 2 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3611 be adopted?" (H.F. 693) the vote was: Ayes, 22: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rife 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, 1: Dearden 1272 JOURNAL OF THE SENATE 96th Day Amendment S-3611 lost. Senator Hansen withdrew amendment S-3574 filed by him on April 4, 1997, to page 2 of the bill. Senator Neuhauser offered amendment S-3601 by her to page 3 of the bill. Senator Neuhauser offered amendment S-3612 filed by her from the floor to amendment S-3601 and moved its adoption. Amendment S-3612 was adopted by a voice vote. Senator Neuhauser moved the adoption of amendment S-3601 as amended. Amendment S-3601 lost by a voice vote. Senator Halvorson offered amendment S-3598 filed by him on April 17, 1997, to page 3 of the bill and moved its adoption. Amendment S-3598 lost by a voice vote. Senator Neuhauser withdrew amendments S-3567 and S-3568 filed by her on April 17, 1997, to page 3 of the bill. Senator Halvorson offered amendment S-3599 filed by him on April 17, 1997, to page 3 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3599 be adopted?" (H.F. 693) the vote was: Ayes, 21: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Szymoniak Vilsack 96th Day FRIDAY, APRIL 18, 1997 1273 Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson King Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 4: Dearden Gronstal Jensen Kramer Amendment S-3599 lost. Senator Halvorson withdrew amendment S-3600 filed by him on April 17, 1997, to page 3 of the bill. Senator Neuhauser withdrew amendment S-3602 filed by her from the floor to page 3 of the bill. Senator Hammond offered amendment S-3605 filed by her from the floor to page 3 of the bill and moved its adoption. A non record roll call was requested. The ayes were 21, nays 25. Amendment S-3605 lost. Senator Neuhauser withdrew amendment S-3610 filed by her from the floor to page 3 of the bill. Senator Rife offered amendment S-3613 filed by him from the floor to page 2 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3613 be adopted?" (H.F. 693) the vote was: Ayes, 24: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 1274 JOURNAL OF THE SENATE 96th Day Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rife Rittmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Tinsman Zieman Amendment S-3613 lost. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Dvorsky for the remainder of the day on request of Senator Gronstal and Senator Black of Kossuth for the remainder of the day on request of Senator Iverson. BUSINESS PENDING House File 693 The Senate resumed consideration of House File 693. Senator McKibben 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. 693) the vote was: Ayes, 30: Angelo Bartz Behn Black, D. Boettger Borlaug Douglas Drake Flynn Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg 96th Day FRIDAY, APRIL 18, 1997 1275 Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 17: Connolly Dearden Deluhery Fink Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Present, 1: Vilsack Absent or not voting, 2: Black, J. Dvorsky The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senator Iverson asked and received unanimous consent that House File 693 be immediately messaged to the House. 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, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 533, a bill for an act relating to and making appropriations to the justice system and providing effective dates (S- 3603). ALSO: That the House has on April 17, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 724, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise 1276 JOURNAL OF THE SENATE 96th Day zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone. This bill was read first time and passed on file. INTRODUCTION OF BILL Senate File 549, by committee on Appropriations, a bill for an act 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. Read first time and placed on Appropriations Calendar. 96th Day FRIDAY, APRIL 18, 1997 1277 APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 17, 1997, 7:53 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: D. Black and McCoy (both excused). Committee Business: Approved SSB 271 as a committee bill. Adjourned: 7:58 p.m. BUSINESS AND LABOR Convened: April 17, 1997, 11:43 a.m. Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member; Behn, Freeman, Gettings, Horn, Jensen, Palmer, Schuerer and Zieman. Members Absent: none. Committee Business: Recommended passage of Senate File 540. Adjourned: 12:20 p.m. JUDICIARY Convened: April 17, 1997, 11:40 a.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Vilsack. Members Absent: Tinsman (excused). Committee Business: Recommended passage of House File 717 and Senate File 539. Adjourned: 11:45 a.m. RULES AND ADMINISTRATION Convened: April 17, 1997, 8:55 a.m. Members Present: Iverson, Chair; Gronstal, Ranking Member; Fink, Jensen, Kibbie, Maddox, Redfern and Rehberg. 1278 JOURNAL OF THE SENATE 96th Day Members Absent: Kramer, Vice Chair; Judge and Lundby (all excused). Committee Business: Recommended passage of Senate Resolution 8. Adjourned: 8:58 a.m. APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE & CAPITALS Convened: April 15, 1997, 7:45 a.m. Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: none. Committee Business: 4/15/97: Discussed proposed infrastructure appropriations bill and amendments, recessed until noon; reconvened at 12:13 p.m. for discussion and amendments, recessed at 2:04 p.m. until 7:30 a.m., 4/16/97. 4/16/97, 7:40 a.m.: Discussed bill and amendments, recessed at 9:02 a.m. until 7:30 a.m., 4/17/97. 4/17/97, 7:43 a.m.: Discussed bill and amendments and bill failed final approval. Adjourned: April 17, 1997, 9:10 a.m. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Members of F.F.A. groups from Hartley-Melvin-Sanborn and South O'Brien. Senator Freeman. Joan Webster-Vore, Kim Kischerlarson, Pauly Adams, Patrick Sell, Philip Gallant and Jarold Bummy Bersting (only deaf parlimentarian person in the world), members of the junior commissioners program of deaf services, department of human rights. Senator Redfern. Seven students, members of the FFA from Lynnville-Sully School, accompanied by Matt Carlson. Senator D. Black. 96th Day FRIDAY, APRIL 18, 1997 1279 Twelve eighth grade students from Boone Jr.-Sr. High School, Boone. Senator Behn. One hundred twenty fifth and sixth grade students from Central Elementary School, Onawa, accompanied by Joann Peterson. Senator King. Forty-three high school students from Central High School, Davenport, accompanied by Jayne Phelps and Ann Diner. Senators Deluhery and Tinsman. Senator Szymoniak presented twelve visitors with the United States Information Agency (USIA FSN) Exchanges Program Group, who were present in the Senate chamber. SUBCOMMITTEE ASSIGNMENTS Senate File 541 HUMAN RESOURCES: Bartz, Chair; Rensink and Szymoniak House Concurrent Resolution 21 LOCAL GOVERNMENT: McKean, Chair; Fraise and Zieman BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: 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 18th day of April, 1997: Senate Files 30, 95, 131, 219, 232, 235 and 238. MARY PAT GUNDERSON Secretary of the Senate COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 549 (SSB 271), a bill for an act 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 1280 JOURNAL OF THE SENATE 96th Day 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote Ayes, 23: McLaren, Kramer, Flynn, Behn, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays, none. Absent or not voting, 2: D. Black and McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: SENATE FILE 541, a bill for an act relating to child day care provisions involving group day care homes and establishing a child care home pilot project. Recommendation: DO PASS. Final Vote: Ayes, 8: Boettger, Redwine, Bartz, Behn, J. Black, Dearden, Rensink and Schuerer. Nays, none. Absent or not voting, 5: Szymoniak, Dvorsky, Hammond, Tinsman and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILLS SIGNED BY THE GOVERNOR Communications were received announcing that on April 18, 1997, the governor approved and transmitted to the secretary of state the following bills: S.F. 75 ( Relating to the qualifications of groundwater professionals. S.F. 118 ( 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. S.F. 222 ( Relating to the use tax on motor vehicle leasing. S.F. 230 ( 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. S.F. 361 ( Relating to the state workers' compensation coverage for students participating in school-to-work programs and providing for related matters. 96th Day FRIDAY, APRIL 18, 1997 1281 S.F. 395 ( Relating to the department of workforce development concerning the offsetting of unemployment compensation benefits, unemployment compensation for inmates, 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. S.F. 457 ( 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; and establishing a penalty. S.F. 501 ( Relating to the department of workforce development and the enforcement of employment laws concerning emergency and hazardous materials inventories, amusement rides, asbestos and employment agency licenses, wage assignments, and boxing and wrestling. S.F. 516 ( 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. S.F. 523 ( Relating to health care facilities by requiring employment checks of prospective health care facility employers. BILL ASSIGNED TO COMMITTEE President Kramer announced the assignment of House File 724 to the committee on Ways and Means. EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 17, 1997, when the vote was taken on House File 81. Had I been present, I would have voted "aye". PATRICIA HARPER AMENDMENTS FILED S(3601 H. F. 693 Mary Neuhauser S(3602 H. F. 693 Mary Neuhauser S(3603 S. F. 533 House amendment S(3604 H. F. 693 Johnie Hammond S(3605 H. F. 693 Johnie Hammond S(3606 S. F. 445 Mary Lou Freeman 1282 JOURNAL OF THE SENATE 96th Day S(3607 H. F. 693 Steven D. Hansen S(3608 H. F. 693 William D. Palmer S(3609 H. F. 693 Tom Flynn S(3610 H. F. 693 Mary Neuhauser S(3611 H. F. 693 Patricia Harper S(3612 H. F. 693 Mary Neuhauser S(3613 H. F. 693 Jack Rife S(3614 S. F. 445 Mary Lou Freeman Patty Judge Allen Borlaug ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:27 p.m., until 10:00 a.m., Monday, April 21, 1997.
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