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NINETY-NINTH CALENDAR DAY FIFTY-NINTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 21, 1997 The Senate met in regular session at 10:10 a.m., President Kramer presiding. Prayer was offered by Father Linus Rasings, pastor of the St. Clements Catholic Church, Bankston, Iowa. The Journal of Friday, April 18, 1997, was approved. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 40 present, 10 absent and a quorum present. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 410 On motion of Senator Redfern, Senate File 410, a bill for an act relating to the Iowa higher education loan authority by eliminating the limit on the amount of its obligations that may be outstanding for purposes of funding capital projects and allowing the authority to issue tuition anticipation notes and obligations to finance projects to be leased to an institution, with report of committee recommending passage, was taken up for consideration. Senator Redfern moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. 1284 JOURNAL OF THE SENATE 99th Day On the question "Shall the bill pass?" (S.F. 410) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Drake Lundby McKibben Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Drake, Lundby and McKibben until they arrive on request of Senator Iverson. MOTION TO RECONSIDER ADOPTED Senator Halvorson called up the motion to reconsider House File 453 filed by him on April 17, 1997, found on page 1263 of the Senate Journal and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (H.F. 453) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 99th Day MONDAY, APRIL 21, 1997 1285 Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Hammond Absent or not voting, 3: Drake Lundby McKibben The motion prevailed. Senator Schuerer moved to reconsider the vote by which House File 453 went to its last reading, which motion prevailed by a voice vote. 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 reconsideration. Senator Schuerer offered amendment S-3571 filed by him on April 17, 1997, to pages 1 and 2 of the bill and moved its adoption. Amendment S-3571 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, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 1286 JOURNAL OF THE SENATE 99th Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby McKibben The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 410 and House File 453 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 451 Senator Zieman called up for consideration Senate File 451, a bill for an act relating to milk and milk products, providing for the issuance of licenses and permits, fees, and providing penalties, amended by the House and moved that the Senate concur in House amendment S-3502 filed April 14, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Zieman 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. 99th Day MONDAY, APRIL 21, 1997 1287 On the question "Shall the bill pass?" (S.F. 451) 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 Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby McKibben 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 367 On motion of Senator King, House File 367, a bill for an act relating to the transfer of job training withholding payments to the workforce development fund account, making an appropriation, and providing effective and retroactive applicability date provisions, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator King 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. 367) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 1288 JOURNAL OF THE SENATE 99th Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer 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: Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 616 On motion of Senator Behn, House File 616, a bill for an act relating to instruments filed or recorded with the county recorder, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. 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. On the question "Shall the bill pass?" (H.F. 616) the vote was: Ayes, 47: Angelo Bartz Behn Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy 99th Day MONDAY, APRIL 21, 1997 1289 McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Black, D. Dvorsky Neuhauser The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 547 On motion of Senator Drake, Senate File 547, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, and providing a penalty, was taken up for consideration. Senator Bartz took the chair at 11:25 a.m. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 547) the vote was: Ayes, 48: Angelo Bartz Behn Black, D. 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 Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Neuhauser 1290 JOURNAL OF THE SENATE 99th Day Absent or not voting, 1: Black, J. 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 367 and 616 be immediately messaged to the House and to send an immediate message to the House on Senate File 451. President Kramer took the chair at 11:32 a.m. UNFINISHED BUSINESS CALENDAR House File 540 On motion of Senator Rittmer, House File 540, a bill for an act relating to personnel procedures and investment policy requirements for state government employees, 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 Rittmer offered amendment S-3361 filed by the committee on State Government on April 3, 1997, to pages 2 and 3 of the bill and moved its adoption. Amendment S-3361 was adopted by a voice vote. Senator Kibbie asked and received unanimous consent that action on House File 540 be deferred. House File 552 On motion of Senator King, House File 552, a bill for an act eliminating notice requirements relating to the location of certain electric transmission lines, wires, or cables, with report of committee 99th Day MONDAY, APRIL 21, 1997 1291 recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator King 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. 552) 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. ADOPTION OF RESOLUTION (Regular Calendar) Senate Concurrent Resolution 11 On motion of Senator Bartz, Senate Concurrent Resolution 11, a concurrent resolution requesting the United States government ensure that the Farm Service Agency of the United States Department of Agriculture be supported and structured in a manner that preserves the efficient operation of the agency at the community level, with report of committee recommending passage, was taken up for consideration. 1292 JOURNAL OF THE SENATE 99th Day Senator Bartz moved the adoption of Senate Concurrent Resolution 11, which motion prevailed by a voice vote. HOUSE AMENDMENT CONSIDERED Senate File 229 Senator Drake called up for consideration Senate File 229, a bill for an act relating to the issuance of motor vehicle licenses for certain law enforcement officers and providing penalties, amended by the House and moved that the Senate concur in House amendment S- 3444 filed on April 9, 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. On the question "Shall the bill pass?" (S.F. 229) 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. 99th Day MONDAY, APRIL 21, 1997 1293 CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 545 On motion of Senator Drake, Senate File 545, a bill for an act relating to the nonrenewal or suspension of motor vehicle licenses for failure to pay indebtedness owed to or being collected by the state in pilot project counties, and providing an effective date, was taken up for consideration. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 545) 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. UNFINISHED BUSINESS CALENDAR House File 336 On motion of Senator Black of Kossuth, House File 336, a bill for an act providing for the assessment of lands owned by the department of 1294 JOURNAL OF THE SENATE 99th Day natural resources within levee and drainage districts, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Black of Kossuth 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. 336) 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 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 545 and House Files 336 and 552 be immediately messaged to the House, and to send an immediate message to the House on Senate File 229. RECESS On motion of Senator Iverson, the Senate recessed at 11:59 a.m., until 1:00 p.m. 99th Day MONDAY, APRIL 21, 1997 1295 APPENDIX REPORT OF COMMITTEE MEETING HUMAN RESOURCES Convened: April 18, 1997, 8:30 a.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Bartz, Behn, J. Black, Dearden, Rensink and Schuerer. Members Absent: Szymoniak, Ranking Member; Dvorsky, Hammond, Tinsman and Vilsack (all excused). Committee Business: Recommended passage of Senate File 541. Adjourned: 9:00 a.m. PETITION The following petition was presented and placed on file by: Senator Douglas from 339 residents of Dallas County favoring legislation strengthening drunk driving penalties. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Forty-five seventh grade students from North Iowa Middle School, Thompson, accompanied by Brad West and Diane Matthias. Senator J. Black. Twenty-five seventh grade students from Corwith-Wesley-Lu Verne Elementary School, Lu Verne, accompanied by Dennis Holmes. Senator J. Black. MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 547 passed the Senate on April 21, 1997. RODNEY HALVORSON MADAM PRESIDENT: I move to reconsider the vote by which Senate File 547 passed the Senate on April 21, 1997. STEWART E. IVERSON, JR. 1296 JOURNAL OF THE SENATE 99th Day 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 21st day of April, 1997: Senate Files 80, 522, 499, 293, 417 and 519. MARY PAT GUNDERSON Secretary of the Senate CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Bill Watters, Dubuque ( For celebrating your 80th birthday on May 1, 1997. Senator Connolly (5-1-97). K.C. Graft, Emily Peterson and Sara Shanley, Cedar Rapids ( For earning the gold award. Senator Dvorsky (4-17-97). Ancel and Juanita Swackhammer, Des Moines ( For celebrating your 50th wedding anniversary. Senator McCoy (5-23-97). Cindy Mickens, West Delaware Middle School, Manchester ( For being Iowa's representative at the RespecTeen National Youth Program. Senator Rehberg (4-17- 97). Azotus & Elizabeth Crain ( For celebrating your 60th wedding anniversary. Senator Rehberg (7-3-97). John "Jack" Sunderbruch, Davenport ( For your lifetime commitment to the well- being of the community and its residents. Senator Rife (4-18-97). STUDY BILL RECEIVED SSB 272 Appropriations An Act making appropriations from the rebuild Iowa infrastructure fund to the departments of cultural affairs, general services, economic development, public defense, natural resources, human services, revenue and finance, public safety, education, transportation, workforce development, and agriculture and land stewardship, the 99th Day MONDAY, APRIL 21, 1997 1297 judicial department, and to the commission of veterans affairs, Loess Hills development and conservation authority, state fair foundation, and board of regents, making an appropriation of marine fuel tax receipts from the general fund of the state, and making statutory changes relating to the appropriations. SUBCOMMITTEE ASSIGNMENT SSB 272 APPROPRIATIONS: Freeman, Chair; Douglas, Flynn, Halvorson and McLaren. AMENDMENTS FILED S(3615 S. F. 549 Patricia Harper S(3616 S. F. 549 Patricia Harper S(3617 S. F. 549 Patricia Harper Bill Fink Mary Neuhauser S(3618 S. F. 549 Tom Vilsack S(3619 S. F. 549 Rod Halvorson S(3620 S. F. 549 Rod Halvorson S(3621 S. F. 549 Mary Neuhauser Robert E. Dvorsky S(3622 S. F. 549 Mary Neuhauser Bill Fink Robert E. Dvorsky S(3623 S. F. 549 Steven D. Hansen Mary Neuhauser Bill Fink Rod Halvorson Robert E. Dvorsky S(3624 S. F. 549 William D. Palmer Rod Halvorson S(3625 S. F. 549 Steven D. Hansen Dennis H. Black Don Gettings S(3626 S. F. 549 Patty Judge S(3627 S. F. 549 Mary Neuhauser Robert E. Dvorsky Mike Connolly Bill Fink Don Gettings 1298 JOURNAL OF THE SENATE 99th Day Rod Halvorson S(3628 S. F. 549 Tom Vilsack Johnie Hammond Bill Fink Dennis H. Black William D. Palmer Rod Halvorson Don Gettings Mary Neuhauser Steven D. Hansen Patricia Harper Robert E. Dvorsky S(3629 S. F. 549 Tom Flynn S(3630 H. F. 702 Johnie Hammond S(3631 S. F. 503 Jack Rife John P. Kibbie Mary A. Lundby Mary Neuhauser S(3632 H. F. 613 Neal Schuerer Tom Flynn S(3633 S. F. 546 William D. Palmer S(3634 S. F. 549 Mike Connolly Bill Fink S(3635 S. F. 549 Derryl McLaren John P. Kibbie S(3636 S. F. 546 Mary Lou Freeman Steven D. Hansen Mary Neuhauser Steve King S(3637 S. F. 533 O. Gene Maddox Eugene S. Fraise Bill Fink Jeff Angelo Andy McKean Robert E. Dvorsky 99th Day MONDAY, APRIL 21, 1997 1299 AFTERNOON SESSION The Senate reconvened at 1:08 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Bartz requested a non record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent and a quorum present. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 14, 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 11 be immediately messaged to the House. HOUSE AMENDMENT ADOPTED Senate File 241 Senator Bartz called up for consideration Senate File 241, a bill for an act adopting the uniform transfer on death security registration Act, amended by the House and moved that the Senate concur in House amendment S-3556 filed April 16, 1997. President Kramer took the chair at 1:25 p.m. 1300 JOURNAL OF THE SENATE 99th Day The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Bartz 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. 241) 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 as amended was agreed to. UNFINISHED BUSINESS CALENDAR Senate File 530 On motion of Senator Drake, Senate File 530, a bill for an act relating to the establishment of an E911 surcharge, providing for the distribution of the surcharge, and providing a pooling mechanism for the purchase of equipment necessary for an E911 system and placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Connolly offered amendment S-3364 filed by him on April 7, 1997, to page 1 of the bill and moved its adoption. 99th Day MONDAY, APRIL 21, 1997 1301 Amendment S-3364 was adopted by a voice vote. Senator Drake offered amendment S-3565 filed by Senators Drake, et al., on April 17, 1997, to pages 1 and 2 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3565 and Senate File 530 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 549. Senate File 549 On motion of Senator McLaren, Senate File 549, 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, was taken up for consideration. Senator McLaren asked and received unanimous consent that action on Senate File 549 be deferred. The Senate stood at ease at 1:48 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:17 p.m., President Kramer presiding. BUSINESS PENDING Senate File 549 The Senate resumed consideration of Senate File 549, previously deferred. Senator McLaren offered amendment S-3635 filed by Senators McLaren and Kibbie on April 21, 1997, to pages 1, 3, 9, 17, 20, 26 and 28 of the bill and moved its adoption. 1302 JOURNAL OF THE SENATE 99th Day Amendment S-3635 was adopted by a voice vote. Senator Hansen offered amendment S-3625 filed by Senators Hansen, Black and Gettings from the floor to page 2 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3625 be adopted?" (S.F. 549) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn 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 King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Fraise Gettings Jensen Amendment S-3625 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise until he returns on request of Senator Gronstal. BUSINESS PENDING Senate File 549 Senator Hansen offered amendment S-3641 filed by him on April 21, 1997, to page 3 of the bill, moved its adoption and requested a record roll call. 99th Day MONDAY, APRIL 21, 1997 1303 On the question "Shall amendment S-3641 be adopted?" (S.F. 549) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Fraise Jensen Rehberg Amendment S-3641 lost. Senator Vilsack offered amendment S-3618 filed by him from the floor to page 5 of the bill and moved its adoption. Amendment S-3618 lost by a voice vote. Senator Judge offered amendment S-3626 filed by her from the floor to page 8 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3626 be adopted?" (S.F. 549) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 1304 JOURNAL OF THE SENATE 99th Day Gettings Gronstal Halvorson Hammond Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 29: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hansen Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3626 lost. Senator Connolly asked and received unanimous consent to withdraw amendment S-3634 filed by Senators Connolly and Fink from the floor to pages 8, 20 and 28 of the bill. Senator Connolly offered amendment S-3653 filed by Senators Connolly and Fink from the floor to pages 8 and 28 of the bill and moved its adoption. Amendment S-3653 was adopted by a voice vote. Senator Palmer offered amendment S-3624 filed by Senators Palmer and Halvorson from the floor to pages 8 and 9 of the bill, moved its adoption and requested a non record roll call. The ayes were 18, nays 27. Amendment S-3624 lost. Senator Vilsack offered amendment S-3628 filed by Senators Vilsack, et al., from the floor to pages 8 and 9 of the bill. A record roll call was requested. On the question "Shall amendment S-3628 be adopted?" (S.F. 549) the vote was: 99th Day MONDAY, APRIL 21, 1997 1305 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 Rife Schuerer Tinsman Zieman Absent or not voting, 1: Rittmer Amendment S-3628 lost. Senator McLaren offered amendment S-3655 filed by Senators McLaren and Kibbie from the floor to pages 8 and 9 of the bill and moved its adoption. Amendment S-3655 was adopted by a voice vote. Senator Dvorsky offered amendment S-3656 filed by him from the floor to page 12 of the bill and moved its adoption. Amendment S-3656 was adopted by a voice vote. President pro tempore Redfern took the chair at 4:18 p.m. Senator Halvorson offered amendment S-3639 filed by Senators Halvorson and Judge from the floor to pages 15, 16 and 26 of the bill and called for a division: page 1, lines 2-4 as division S-3639A and page 1, lines 5-50 and page 2, lines 1-23 as division S-3639B. 1306 JOURNAL OF THE SENATE 99th Day Senator Halvorson asked and received unanimous consent to withdraw division S-3639A. Senator Halvorson moved the adoption of division S-3639B. Division S-3639B lost by a voice vote. Senator Halvorson offered amendment S-3619 filed by him from the floor to page 16 of the bill. Senator McCoy offered amendment S-3650 filed by Senators McCoy and McLaren from the floor to amendment S-3619. Senator Halvorson called for a division of amendment S-3650 to amendment S-3619: lines 3 and 4 as division S-3650A and lines 5 and 6 as division S-3650B. Senator McCoy moved the adoption of division S-3650A to amendment S-3619, which motion prevailed by a voice vote. Senator McCoy moved the adoption of division S-3650B to amendment S-3619, which motion prevailed by a voice vote. Senator Halvorson moved the adoption of amendment S-3619 as amended, which motion prevailed by a voice vote. Senator Halvorson offered amendment S-3620 filed by him from the floor to page 16 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3620 be adopted?" (S.F. 549) the vote was: Ayes, 14: Black, J. Connolly Dvorsky Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Judge Neuhauser Vilsack 99th Day MONDAY, APRIL 21, 1997 1307 Nays, 34: Angelo Bartz Behn Black, D. Boettger Dearden Deluhery Douglas Drake Fink Freeman Hedge Horn Iverson Jensen Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Zieman Absent or not voting, 2: Borlaug Rittmer Amendment S-3620 lost. Senator Jensen asked and received unanimous consent to withdraw amendment S-3640 filed by Senators Jensen and Harper on April 21, 1997, to page 16 of the bill. Senator Harper withdrew amendment S-3616 filed by her from the floor to page 16 of the bill. Senator Harper withdrew amendment S-3615 filed by her from the floor to page 16 of the bill. Senator Neuhauser offered amendment S-3621 filed by Senators Neuhauser and Dvorsky from the floor to page 21 of the bill. Senator McLaren raised the point of order that amendment S- 3621 was not germane to the bill. The Chair ruled the point well taken and amendment S-3621 out of order. Senator Neuhauser offered amendment S-3627 filed by Senators Neuhauser, et al., from the floor to pages 21, 27, 28 and the title page of the bill. 1308 JOURNAL OF THE SENATE 99th Day Senator McLaren raised the point of order that amendment S- 3627 was not germane to the bill. The Chair ruled the point well taken and amendment S-3627 out of order. President Kramer took the chair at 4:59 p.m. Senator Flynn offered amendment S-3629 filed by him from the floor to page 21 of the bill. Senator McLaren raised the point of order that amendment S- 3629 was not germane to the bill. The Chair ruled the point well taken and amendment S-3629 out of order. Senator Fink offered amendment S-3654 filed by Senators Fink, et al., from the floor to page 21 of the bill. Senator McLaren raised the point of order that amendment S- 3654 was not germane to the bill. The Chair ruled the point well taken and amendment S-3654 out of order. Senator Maddox asked and received unanimous consent to withdraw amendment S-3646 filed by Senators Maddox and Szymoniak from the floor to pages 21, 22 and 28 of the bill. Senator Harper offered amendment S-3617 filed by Senators Harper, Fink and Neuhauser from the floor to pages 23 and 24 of the bill and moved its adoption. Amendment S-3617 lost by a voice vote. Senator Hansen offered amendment S-3623 filed by Senators Hansen, et al., from the floor to page 24 of the bill, moved its adoption and requested a record roll call. 99th Day MONDAY, APRIL 21, 1997 1309 On the question "Shall amendment S-3623 be adopted?" (S.F. 549) 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 Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Lundby Amendment S-3623 lost. Senator Neuhauser offered amendment S-3622 filed by Senators Neuhauser, Fink and Dvorsky from the floor to page 24 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3622 be adopted?" (S.F. 549) the vote was: Ayes, 23: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge 1310 JOURNAL OF THE SENATE 99th Day Kibbie McCoy Neuhauser Palmer Rife Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Tinsman Zieman Absent or not voting, 2: Boettger Schuerer Amendment S-3622 lost. Senator Hansen offered amendment S-3638 filed by him from the floor to page 26 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3638 be adopted?" (S.F. 549) 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 Rife Rittmer Tinsman Zieman Absent or not voting, 1: Schuerer 99th Day MONDAY, APRIL 21, 1997 1311 Amendment S-3638 lost. Senator Harper offered amendment S-3663 filed by Senators Harper, et al., from the floor to pages 3, 7, 16, 20 and 28 of the bill and moved its adoption. Amendment S-3663 was adopted by a voice vote. Senator McLaren 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 Schuerer on request of Senator Iverson. BUSINESS PENDING Senate File 549 The Senate resumed consideration of Senate File 549. On the question "Shall the bill pass?" (S.F. 549) 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 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Szymoniak Tinsman Vilsack Zieman Nays, none. 1312 JOURNAL OF THE SENATE 99th Day Absent or not voting, 1: Schuerer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 241 and 549 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senate File 540 On motion of Senator Rife, 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, with report of committee recommending passage, was taken up for consideration. Senator Palmer offered amendment S-3647 filed by him from the floor to pages 1 and 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3647 be adopted?" (S.F. 540) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak 99th Day MONDAY, APRIL 21, 1997 1313 Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Tinsman Zieman Present, 1: Vilsack Absent or not voting, 2: Douglas Schuerer Amendment S-3647 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Douglas until she returns on request of Senator McKibben. BUSINESS PENDING Senate File 540 The Senate resumed consideration of Senate File 540. Senator Dearden offered amendment S-3649 filed by him from the floor to page 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3649 be adopted?" (S.F. 540) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 1314 JOURNAL OF THE SENATE 99th Day Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Tinsman Zieman Present, 1: Vilsack Absent or not voting, 2: Douglas Schuerer Amendment S-3649 lost. Senator Dearden offered amendment S-3648 filed by Senators Dearden and Kibbie on April 21, 1997, to page 2 of the bill and moved its adoption. Amendment S-3648 was adopted by a voice vote. Senator Palmer offered amendment S-3651 filed by him from the floor to page 2 of the bill. Senator Rife asked and received unanimous consent that action on amendment S-3651 be deferred. Senator Dearden offered amendment S-3657 filed by him from the floor to page 5 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3657 be adopted?" (S.F. 540) the vote was: 99th Day MONDAY, APRIL 21, 1997 1315 Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Rittmer Szymoniak Nays, 24: Angelo Bartz Behn Black, J. Boettger Borlaug Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Tinsman Zieman Present, 1: Vilsack Absent or not voting, 2: Douglas Schuerer Amendment S-3657 lost. The Senate resumed consideration of amendment S-3651 by Senator Palmer, previously deferred. Senator Palmer moved the adoption of amendment S-3651, which motion prevailed by a voice vote. Senator Iverson asked and received unanimous consent that action on Senate File 540 be deferred. MOTION TO RECONSIDER LOST Senate File 547 Senator Iverson called up the motion to reconsider Senate File 547 filed by him from the floor, found on page 1295 of the Senate Journal and moved its adoption. 1316 JOURNAL OF THE SENATE 99th Day On the question "Shall the motion to reconsider be adopted?" (S.F. 547) the vote was: Ayes, 7: Black, D. Dvorsky Gettings Gronstal Halvorson Neuhauser Vilsack Nays, 41: Angelo Bartz Behn Black, J. Boettger Borlaug Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Szymoniak Tinsman Zieman Absent or not voting, 2: Douglas Schuerer The motion lost. Senator Iverson asked and received unanimous consent that Senate File 547 be immediately messaged to the House. The motion to reconsider the vote by which Senate File 547 passed the Senate on April 21, 1997, filed by Senator Halvorson from the floor and found on page 1295 of the Senate Journal was out of order. Amendment S-3642 filed by Senator Halvorson from the floor to pages 10 and 11 of the bill, was out of order. HOUSE MESSAGES RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: 99th Day MONDAY, APRIL 21, 1997 1317 MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 21, 1997, passed the following bill in which the concurrence of the House was asked: Senate File 497, a bill for an act prohibiting the possession or distribution of gamma-hydroxybutyric acid under certain circumstances, and providing a penalty. ALSO: That the House has on April 21, 1997, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 184, a bill for an act relating to collection of fees charged prisoners for room and board, by providing for the entry of judgment against the prisoner and enforcement of the judgment through writ of execution (S-3661). ALSO: That the House has on April 21, 1997, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 19, a concurrent resolution congratulating Clinton Community College for 50 years of service to the people of Clinton County. This resolution was read first time and passed on file. ALSO: That the House has on April 21, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 726, a bill for an act relating to the livestock production tax credit; increasing the state's reimbursement for the homestead, military service, and elderly and disabled credits; requiring the state to reimburse new property tax credits and exemptions; providing for local government budget practices and property tax statements; and including applicability date provisions. This bill was read first time and passed on file. ALSO: that the House has on April 21, 1997, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 553, 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. 1318 JOURNAL OF THE SENATE 99th 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. ALSO: That the House has on April 21, 1997, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bills in which the concurrence of the Senate is asked: House File 335, a bill for an act relating to public health issues under the purview of the Iowa department of public health, including vital statistics, the board of nursing examiners, the board of dental examiners, lead poisoning, the immunization registry, the child death review team, plumbing provisions and fees, and providing a penalty and a contingent effective date (S-3645 to H-1647). House File 405, a bill for an act relating to the sale, lease, or other disposition of property belonging to a school district or area education agency and providing an immediate effective date (S-3644 to H- 1584). 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 (S-3669 to H-1693). House File 698, a bill for an act relating to child abuse information and the central registry for child abuse information maintained by the department of human services and providing an effective date (S-3643 to H-1796). 99th Day MONDAY, APRIL 21, 1997 1319 COMMITTEE REPORT LOCAL GOVERNMENT Final Bill Action: HOUSE CONCURRENT RESOLUTION 21, a concurrent resolution establishing a special commission to study and make recommendations concerning urban planning, growth management of cities, and protection of farmland. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. 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. 14 Natural Resources H. C. R. 19 Education AMENDMENTS FILED S(3638 S. F. 549 Steven D. Hansen S(3639 S. F. 549 Rod Halvorson Patty Judge S(3640 S. F. 549 John W. Jensen Patricia Harper S(3641 S. F. 549 Steven D. Hansen S(3642 S. F. 547 Rod Halvorson S(3643 H. F. 698 House amendment S(3644 H. F. 405 House amendment S(3645 H. F. 335 House amendment S(3546 S. F. 549 O.Gene Maddox Elaine Szymoniak S(3647 S. F. 540 William Palmer S(3648 S. F. 540 Dick L. Dearden John P. Kibbie S(3649 S. F. 540 Dick L. Dearden S(3650 S. F. 549 Matt McCoy Derryl McLaren S(3651 S. F. 540 William D. Palmer 1320 JOURNAL OF THE SENATE 99th Day S(3652 H. F. 636 Allen Borlaug S(3653 S. F. 549 Mike Connolly Bill Fink S(3654 S. F. 549 Bill Fink Rod Halvorson Robert E. Dvorsky Patty Judge S(3655 S. F. 549 Derryl McLaren John Kibbie S(3656 S. F. 549 Robert E. Dvorsky S(3657 S. F. 540 Dick Dearden S(3658 S. F. 530 Michael E. Gronstal Matt McCoy Steven D. Hansen S(3659 S. F. 530 Michael E. Gronstal Matt McCoy Steven D. Hansen S(3660 S. F. 448 Mary Lundby S(3661 S. F. 184 House amendment S(3662 S. F. 515 O. Gene Maddox S(3663 S. F. 549 Patricia Harper Robert E. Dvorsky Derryl McLaren Donald B. Redfern S(3664 S. F. 533 Robert E. Dvorsky Eugene S. Fraise Tom Vilsack Michael E. Gronstal Mary Neuhauser Dick L. Dearden Steven D. Hansen Dennis H. Black Patty Judge S(3665 S. F. 533 Eugene S. Fraise Robert E. Dvorsky Andy McKean O. Gene Maddox S(3666 H. F. 540 John P. Kibbie Johnie Hammond Mary A. Lundby Mary Lou Freeman 99th Day MONDAY, APRIL 21, 1997 1321 Patrick J. Deluhery S(3667 H. F. 540 Mike Connolly S(3668 H. F. 540 Mike Connolly S(3669 H. F. 597 House amendment S(3670 H. F. 702 Maggie Tinsman Mary A. Lundby Patricia Harper Merlin E. Bartz Richard F. Drake Elaine Szymoniak Nancy Boettger Wally E. Horn S(3671 S. F. 533 Dennis H. Black S(3672 S. F. 542 Dennis H. Black Allen Borlaug Jack Rife ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:12 p.m., until 9:00 a.m., Tuesday, April 22, 1997.
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