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ONE HUNDRED-THIRD CALENDAR DAY SIXTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Friday, April 25, 1997 The Senate met in regular session at 9:04 a.m., President pro tempore Redfern presiding. Prayer was offered by Jeremy Hovda, Senate Page from Oskaloosa, Iowa. The Journal of Thursday, April 24, 1997, was approved. Senator Bartz took the chair at 9:10 a.m. HOUSE AMENDMENT CONSIDERED Senate File 531 Senator Redfern called up for consideration Senate File 531, a bill for an act relating to the increase in the physical plant and equipment levy, amended by the House, and moved that the Senate concur in House amendment S-3745 filed April 24, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators McCoy and Judge until they arrive on request of Senator Gronstal. BUSINESS PENDING Senate File 531 The Senate resumed consideration of Senate File 531. 1450 JOURNAL OF THE SENATE 103rd Day Senator Redfern 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. 531) the vote was: Ayes, 42: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Maddox McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 2: Connolly Fink Absent or not voting, 6: Judge Kramer Lundby McCoy McLaren Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. President pro tempore Redfern took the chair at 9:20 a.m. UNFINISHED BUSINESS CALENDAR (Deferred April 24, 1997) House File 299 The Senate resumed consideration of House File 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date, deferred April 24, 1997. 103rd Day FRIDAY, APRIL 25, 1997 1451 Senator King offered amendment S-3771 filed by him on April 24, 1997, to strike everything after the enacting clause of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3771 and House File 299 be deferred. The Senate stood at ease at 9:26 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:06 a.m., President Kramer presiding. CONSIDERATION OF BILL (Ways and Means Calendar) House File 726 On motion of Senator McKibben, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Flynn raised the point of order that House File 726 should be referred to the committee on Appropriations under Senate Rule 38. Senator Iverson asked and received unanimous consent that House File 726 be referred to the committee on Appropriations under Senate Rule 38 and returned to the Calendar no later than 11:25 a.m. today. The Senate stood at ease at 11:15 a.m. until the fall of the gavel for the purpose of an Appropriations committee meeting. The Senate resumed session at 11:25 a.m., President Kramer presiding. 1452 JOURNAL OF THE SENATE 103rd Day COMMITTEE REPORT APPROPRIATIONS Final Bill Action: 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. Recommendation: DO PASS. Final Vote Ayes, 21: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug, Douglas, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer and Tinsman. Nays, none. Absent or not voting, 4: Dvorsky, Lundby, McCoy and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BUSINESS PENDING House File 726 The Senate resumed consideration of 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, with report of committee on Appropriations recommending passage, previously deferred. Senator McKibben offered amendment S-3752 filed by the committee on Ways and Means on April 24, 1997, to page 1 of the bill and moved its adoption. Amendment S-3752 was adopted by a voice vote. Senator Palmer offered amendment S-3749 filed by him on April 24, 1997, to pages 2-3 of the bill and moved its adoption. A record roll call was requested. 103rd Day FRIDAY, APRIL 25, 1997 1453 On the question "Shall amendment S-3749 be adopted?" (H.F. 726) 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, 27: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: McLaren Amendment S-3749 lost. 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. 726) 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 1454 JOURNAL OF THE SENATE 103rd Day Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: McLaren Rife 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 726 be immediately messaged to the House. BUSINESS PENDING House File 299 The Senate resumed consideration of House File 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date and amendment S-3771 by Senator King to strike everything after the enacting clause of the bill, previously deferred. Senator King asked and received unanimous consent that action on amendment S-3772 filed by him from the floor to amendment S- 3771 be deferred for consideration of amendment S-3773. Senator Vilsack offered amendment S-3773 filed by him from the floor to amendment S-3771, moved its adoption and requested a record roll call. On the question "Shall amendment S-3773 to amendment S- 3771 be adopted?" (H.F. 299) the vote was: Ayes, 23: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 103rd Day FRIDAY, APRIL 25, 1997 1455 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 Amendment S-3773 lost. The Senate resumed consideration of amendment S-3772 by Senator King to amendment S-3771, previously deferred. Senator King moved the adoption of amendment S-3772 to amendment S-3771. A record roll call was requested. On the question "Shall amendment S-3772 to amendment S- 3771 be adopted?" (H.F. 299) the vote was: Ayes, 24: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Jensen King Kramer Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 26: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Iverson Judge Kibbie Lundby McCoy McLaren Neuhauser Palmer Rife Szymoniak Vilsack 1456 JOURNAL OF THE SENATE 103rd Day Amendment S-3772 lost. Senator Iverson asked and received unanimous consent that action on amendment S-3771 and House File 299 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) House File 722 On motion of Senator McKibben, House File 722, a bill for an act relating to establishing a capital investment board, tax credits, termination of the Iowa seed capital corporation, establishing a capital transition board, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator McKibben offered amendment S-3768 filed by the committee on Ways and Means on April 24, 1997, to pages 2-4 of the bill. Senator Szymoniak asked and received unanimous consent that action on amendment S-3768 and House File 722 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Neuhauser for the remainder of the day on request of Senator Dvorsky. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 335 Senator Tinsman called up for consideration 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, amended by the Senate, further amended by the House 103rd Day FRIDAY, APRIL 25, 1997 1457 and moved that the Senate concur in House amendment S-3645 to Senate amendment H-1647 filed April 21, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Tinsman moved that the bill as amended by the Senate, further amended by the House and concurred in by the Senate, be read the last time now and placed upon its passage, which motion prevailed by a voice vote and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 335) 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 McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Neuhauser 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 335 be immediately messaged to the House and to send an immediate message to the House on Senate File 531. CONSIDERATION OF BILL (Ways and Means Calendar) House File 724 On motion of Senator Douglas, House File 724, a bill for an act relating to investments in counties and cities by providing for the 1458 JOURNAL OF THE SENATE 103rd Day establishment of enterprise 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Douglas offered amendment S-3736 filed by the committee on Ways and Means on April 23, 1997, to pages 1, 2, 4, 5 and 7 of the bill and moved its adoption. Amendment S-3736 was adopted by a voice vote. Senator Douglas asked and received unanimous consent to withdraw amendment S-3769 filed by Senators Douglas, Gettings and Rittmer on April 24, 1997, to page 1 of the bill. Senator Douglas offered amendment S-3774 filed by Senators Douglas, Gettings and Rittmer from the floor to pages 1 and 4 of the bill. Senator Rife asked and received unanimous consent that action on amendment S-3774 be deferred for consideration of amendment S- 3741. Senator Rife withdrew amendment S-3741 filed by him on April 24, 1997, to page 1 of the bill. Senator Douglas moved the adoption of amendment S-3774 to pages 1 and 4 of the bill, previously deferred. Amendment S-3774 was adopted by a voice vote. Senator Douglas offered amendment S-3777 filed by her from the floor to page 1 of the bill and moved its adoption. Amendment S-3777 was adopted by a voice vote. President Kramer took the chair at 2:24 p.m. Senator Rittmer offered amendment S-3778 filed by him from the floor to page 3 of the bill. Senator Vilsack asked and received unanimous consent that action on amendment S-3778 be deferred. 103rd Day FRIDAY, APRIL 25, 1997 1459 Senator Douglas offered amendment S-3780 filed by her from the floor to page 7 and the title page of the bill and moved its adoption. Amendment S-3780 was adopted by a voice vote. Senator Iverson asked and received unanimous consent that action on House File 724 be deferred and that the bill be referred to the committee on Appropriations and returned to the Senate Calendar no later than 3:00 p.m. today. The Senate stood at ease at 2:28 p.m. until the fall of the gavel for the purpose of an Appropriations committee meeting. The Senate resumed session at 3:10 p.m., President Kramer presiding. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 724, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise 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. Recommendation: DO PASS. Final Vote Ayes, 20: McLaren, Kramer, Flynn, Behn, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox, McCoy, Rehberg, Rensink, Rittmer and Vilsack. Nays, none. Absent or not voting, 5: D. Black, Lundby, Neuhauser, Rife and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 732, a bill for an act relating to housing development and making an appropriation. Recommendation: DO PASS. Final Vote Ayes, 20: McLaren, Kramer, Flynn, Behn, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox, McCoy, Rehberg, Rensink, Rittmer and Vilsack. Nays, none. Absent or not voting, 5: D. Black, Lundby, Neuhauser, Rife and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 1460 JOURNAL OF THE SENATE 103rd Day BUSINESS PENDING House File 724 The Senate resumed consideration of House File 724, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise 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, previously deferred. Senator Halvorson offered amendment S-3783 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3783 was adopted by a voice vote. President pro tempore Redfern took the chair at 3:14 p.m. Senator McCoy withdrew amendment S-3786 filed by him from the floor to page 2 of the bill. Senator McCoy withdrew amendment S-3787 filed by him from the floor to page 2 of the bill. Senator McCoy asked and received unanimous consent that action on amendment S-3784 filed by him from the floor to page 2 of the bill be deferred for consideration of amendment S-3785. Senator McCoy offered amendment S-3785 filed by him from the floor to page 2 of the bill. President Kramer took the chair at 3:36 p.m. Senator McCoy moved the adoption of amendment S-3785. A record roll call was requested. On the question "Shall amendment S-3785 be adopted?" (H.F. 724) the vote was: Ayes, 19: Black, D. Black, J. Dearden Dvorsky Fink Fraise Gettings Gronstal 103rd Day FRIDAY, APRIL 25, 1997 1461 Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Palmer Rife Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Connolly Douglas Drake Flynn Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Zieman Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman Amendment S-3785 lost. Senator Vilsack offered amendment S-3790 filed by Senators Vilsack and Rittmer from the floor to page 3 of the bill and moved its adoption. Amendment S-3790 was adopted by a voice vote. The Senate resumed consideration of amendment S-3778 by Senator Rittmer to page 3 of the bill, previously deferred. Senator Rittmer moved the adoption of amendment S-3778, which motion prevailed by a voice vote. Senator McKean offered amendment S-3788 filed by him from the floor to page 4 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3788 be adopted?" (H.F. 724) the vote was: Ayes, 22: Bartz Black, D. Black, J. Connolly Dearden Drake Dvorsky Fink 1462 JOURNAL OF THE SENATE 103rd Day Flynn Fraise Gronstal Halvorson Hammond Harper Horn Jensen Judge Kibbie McKean Palmer Vilsack Zieman Nays, 24: Angelo Behn Boettger Borlaug Douglas Freeman Gettings Hansen Hedge Iverson King Kramer Maddox McCoy McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman Amendment S-3788 lost. Senator Vilsack offered amendment S-3793 filed by him from the floor to page 3 of the bill. Senator Douglas asked and received unanimous consent that action on amendment S-3793 be deferred. Senator Vilsack withdrew amendment S-3781 filed by him from the floor to pages 3 and 4 of the bill. The Senate resumed consideration of amendment S-3784 by Senator McCoy to page 2 of the bill, previously deferred. Senator Halvorson called for a division of amendment S-3784: lines 3 and 4 as division S-3784A and lines 5 and 6 as division S- 3784B. Senator McCoy moved the adoption of division S-3784A. A non record roll call was requested. The ayes were 18, nays 27. Division S-3784A lost. 103rd Day FRIDAY, APRIL 25, 1997 1463 Senator McCoy moved the adoption of division S-3784B. A record roll call was requested. On the question "Shall amendment S-3784B be adopted?" (H.F. 724) the vote was: Ayes, 18: Black, D. Black, J. Dearden Dvorsky Fink Flynn Fraise Gettings Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Palmer Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Connolly Douglas Drake Freeman Halvorson Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Zieman Absent or not voting, 5: Deluhery Lundby Neuhauser Rife Tinsman Division S-3784B lost. Senator Iverson asked and received unanimous consent that action on House File 724 be deferred (amendment S-3793 pending). CONSIDERATION OF BILL (Appropriations Calendar) House File 732 On motion of Senator Maddox, House File 732, a bill for an act relating to housing development and making an appropriation, with 1464 JOURNAL OF THE SENATE 103rd Day report of committee recommending passage, was taken up for consideration. Senator Vilsack offered amendment S-3792 filed by Senators Vilsack and Dvorsky from the floor to pages 3, 6 and the title page of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3792 be adopted?" (H.F. 732) the vote was: Ayes, 21: Bartz Black, D. Connolly Dearden Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Palmer Szymoniak Vilsack Nays, 25: 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 Zieman Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman Amendment S-3792 lost. Senator Dvorsky offered amendment S-3796 filed by Senators Dvorsky and Vilsack from the floor to pages 3 and 6 of bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3796 be adopted?" (H.F. 732) the vote was: 103rd Day FRIDAY, APRIL 25, 1997 1465 Ayes, 21: Bartz Black, D. Connolly Dearden Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Palmer Szymoniak Vilsack Nays, 25: 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 Zieman Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman Amendment S-3796 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Deluhery until he returns on request of Senator Dvorsky. BUSINESS PENDING House File 732 The Senate resumed consideration of House File 732 Senator Dvorsky offered amendment S-3794 filed by Senators Dvorsky and Vilsack from the floor to page 5 of the bill and moved its adoption. Amendment S-3794 lost by a voice vote. 1466 JOURNAL OF THE SENATE 103rd Day Senator Maddox 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. 732) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden 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 Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, none. Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman 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 732 be immediately messaged to the House. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 553. Senate File 553 On motion of Senator Redfern, Senate File 553, a bill for an act relating to the tax treatment of financial institutions and their 103rd Day FRIDAY, APRIL 25, 1997 1467 shareholders which have made an election under subchapter S of the Internal Revenue Code and including a retroactive applicability date provision, 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. On the question "Shall the bill pass?" (S.F. 553) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, none. Present, 1: Flynn Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman 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 Senate File 553 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 129 Senator McKibben called up for consideration Senate File 129, a bill for an act updating the Iowa Code references to the Internal Revenue 1468 JOURNAL OF THE SENATE 103rd Day Code and providing a retroactive applicability date and an effective date, amended by the House in House amendment S-3122 filed March 12, 1997. The Chair ruled amendment S-3709 filed by Senators Kibbie, et al., on April 23, 1997, to pages 2, 3 and the title page of the bill, out of order. Senator Kibbie offered amendment S-3737 filed by him on April 23, 1997, to House amendment S-3122. Senator McKibben raised the point of order that amendment S- 3737 to House amendment S-3122 was not germane. The Chair ruled the point well taken and amendment S-3737 out of order. Senator McKibben moved that the Senate concur in the House amendment. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKibben 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. 129) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden 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 Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, none. 103rd Day FRIDAY, APRIL 25, 1997 1469 Absent or not voting, 4: Deluhery Lundby Neuhauser Tinsman 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 an immediate message be sent to the House on Senate File 129. CONSIDERATION OF BILL (Regular Calendar) House File 266 On motion of Senator Redfern, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Redfern offered amendment S-3686 filed by the committee on Ways and Means on April 22, 1997, to strike everything after the enacting clause and to the title page of the bill. Senator Judge offered amendment S-3751 filed by her on April 24, 1997, to amendment S-3686 and moved its adoption. Amendment S-3751 lost by a voice vote. Senator Dvorsky offered amendment S-3696 filed by him on April 23, 1997, to amendment S-3686, moved its adoption and requested a non record roll call. The ayes were 25, nays 18. Amendment S-3696 was adopted. 1470 JOURNAL OF THE SENATE 103rd Day Senator Redfern offered amendment S-3791 filed by him from the floor to amendment S-3686 and moved its adoption. Amendment S-3791 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gettings for the remainder of the day on request of Senator Fraise. BUSINESS PENDING House File 266 The Senate resumed consideration of House File 266. Senator Judge offered amendment S-3758 filed by her on April 24, 1997, to amendment S-3686 and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3758 to amendment S- 3686 be adopted?" (H.F. 266) the vote was: Ayes, 18: Black, D. Connolly Dearden Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Kibbie McCoy Palmer Szymoniak Vilsack Nays, 24: Angelo Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Zieman 103rd Day FRIDAY, APRIL 25, 1997 1471 Absent or not voting, 8: Bartz Deluhery Gettings Judge Lundby Neuhauser Rife Tinsman Amendment S-3758 lost. Senator Palmer offered amendment S-3743 filed by him on April 24, 1997, to amendment S-3686 and moved its adoption. Amendment S-3743 was adopted by a voice vote. Senator Palmer withdrew amendment S-3702 filed by him on April 23, 1997, to amendment S-3686. Senator Redfern offered amendment S-3720 filed by him on April 23, 1997, to amendment S-3686 and moved its adoption. Amendment S-3720 was adopted by a voice vote. Senator Palmer withdrew amendment S-3747 filed by him on April 24, 1997, to amendment S-3686. Senator Redfern offered amendment S-3723 filed by him on April 23, 1997, to amendment S-3686 and moved its adoption. Amendment S-3723 was adopted by a voice vote. Senator Redfern asked and received unanimous consent that action on amendment S-3686 as amended and House File 266 be deferred. The Senate stood at ease at 5:56 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 6:10 p.m., President Kramer presiding. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 24, 1997, 7:20 p.m. 1472 JOURNAL OF THE SENATE 103rd Day Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: Kramer, Vice Chair (excused). Committee Business: Recommended passage of Senate File 485; recommended passage of House Files 730 and 731 as amended. Adjourned: 8:35 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: April 24, 1997, 8:03 a.m. Members Present: Bartz, Chair; Fink, Ranking Member; Borlaug, Dvorsky, Freeman, Hedge, Rehberg and Zieman. Members Absent: Angelo, Vice Chair; D. Black, J. Black (excused), Dearden, Deluhery, Judge and McKibben. Committee Business: Recommended passage of Senate Concurrent Resolution 14. Adjourned: 8:10 a.m. WAYS AND MEANS Convened: April 24, 1997, 11:40 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Members Absent: none. Committee Business: Assigned bills to subcommittees and recommended passage of House File 726 as amended. Adjourned: 1:04 p.m. WAYS AND MEANS Convened: April 24, 1997, 6:35 p.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Members Absent: Palmer, Ranking Member and Judge (both excused). Committee Business: Recommended passage of House File 722 as amended. 103rd Day FRIDAY, APRIL 25, 1997 1473 Adjourned: 7:10 p.m. PRESENTATION OF VISITORS The following visitors were present in the Senate gallery: Thirty-four sixth grade students from Boyden Elementary School, Boyden, accompanied by Marcene Cox, Vicki Vander Lugt, Dean Hoogeveen, Leila Moret and Paul Landman. Senator Rensink. Fifteen K-3rd grade students from Madison Elementary School, Des Moines, accompanied by Julie Leonetti. Senator Dearden. The Chair welcomed the following visitors who were present in the Senate gallery: Sixty fifth grade students from Southdale Elementary School, Cedar Falls, accompanied by Denise Aalderks, Dave Prail and Jeannie Lingren. Senator Redfern. Fifty-four sixth grade students from Greenfield Elementary School, Greenfield, accompanied by Connie Lundy. Senator Douglas. Thirty fifth grade students from Valley Park Elementary School, Cedar Falls, accompanied by Mrs. Decker. Senator Redfern. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3772 to amendment S(3771 to House File 299 failed to be adopted by the Senate on April 25, 1997. STEWART IVERSON, JR. BILL 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 bill has 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 25th day of April, 1997: Senate File 193. MARY PAT GUNDERSON Secretary of the Senate 1474 JOURNAL OF THE SENATE 103rd Day EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 24, 1997, when the votes were taken on House File 355 and Senate File 442. Had I been present, I would have voted "aye". PATTY JUDGE SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 15 HUMAN RESOURCES: Boettger, Chair; Redwine and Szymoniak Senate File 555 AGRICULTURE: Kibbie, Chair; Rehberg and Rensink RESOLUTION ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following resolution to committee: S. R. 10 Rules and Administration AMENDMENTS FILED S(3772 H. F. 299 Steve King S(3773 H. F. 299 Tom Vilsack S(3774 H. F. 724 JoAnn Douglas Don Gettings Sheldon Rittmer S(3775 H. F. 540 Sheldon Rittmer S(3776 H. F. 730 Mike Connolly S(3777 H. F. 724 JoAnn Douglas S(3778 H. F. 724 Sheldon Rittmer S(3779 S. F. 485 Johnie Hammond Derryl McLaren S(3780 H. F. 724 JoAnn Douglas S(3781 H. F. 724 Tom Vilsack S(3782 S. F. 549 House amendment S(3783 H. F. 724 Rod Halvorson S(3784 H. F. 724 Matt McCoy S(3785 H. F. 724 Matt McCoy 103rd Day FRIDAY, APRIL 25, 1997 1475 S(3786 H. F. 724 Matt McCoy S(3787 H. F. 724 Matt McCoy S(3788 H. F. 724 Andy McKean S(3789 H. F. 299 Steve King S(3790 H. F. 724 Tom Vilsack Sheldon Rittmer S(3791 H. F. 266 Donald B. Redfern S(3792 H. F. 732 Tom Vilsack Robert E. Dvorsky S(3793 H. F. 724 Tom Vilsack S(3794 H. F. 732 Robert E. Dvorsky Tom Vilsack S(3795 H. F. 731 Dennis H. Black JoAnn Douglas S(3796 H. F. 732 Robert E. Dvorsky Tom Vilsack S(3797 H. F. 724 Tom Vilsack Patty Judge S(3798 H. F. 724 Tom Vilsack Patty Judge CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 730. House File 730 On motion of Senator Rife, House File 730, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the connection and support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, and providing effective dates, with report of committee recommending amendment and passage was taken up for consideration. Senator Rife offered amendment S-3767 filed by the committee on Appropriations on April 24, 1997, to pages 1, 3, 6 and 12 of the bill. 1476 JOURNAL OF THE SENATE 103rd Day Senator Connolly offered amendment S-3776 filed by him from the floor to amendment S-3767 and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3776 to amendment S- 3767 be adopted?" (H.F. 730) the vote was: Ayes, 17: Black, D. Connolly Dearden Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Harper Horn Judge Kibbie Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hansen Hedge Iverson Jensen King Kramer Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Zieman Absent or not voting, 5: Deluhery Gettings Lundby Neuhauser Tinsman Amendment S-3776 lost. Senator Rife offered amendment S-3800 filed by him from the floor to amendment S-3767 and moved its adoption. A non record roll call was requested. Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. The ayes were 25, nays 19. Amendment S-3800 was adopted. 103rd Day FRIDAY, APRIL 25, 1997 1477 Senator Rife moved the adoption of amendment S-3767 as amended. A non record roll call was requested. The ayes were 35, nays, none. Amendment S-3767 as amended was adopted. Senator Rife 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. 730) the vote was: Ayes, 40: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Hammond Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Nays, 4: Dearden Halvorson Hansen McCoy Absent or not voting, 6: Deluhery Gettings Lundby Neuhauser Tinsman Zieman 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 730 be immediately messaged to the House. 1478 JOURNAL OF THE SENATE 103rd Day BUSINESS PENDING House File 724 The Senate resumed consideration of House File 724, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise 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 and amendment S-3793, previously deferred. Senator Vilsack offered amendment S-3797 filed by Senators Vilsack and Judge from the floor to page 4 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3797 be adopted?" (H.F. 724) the vote was: Ayes, 20: Bartz Black, D. Black, J. Connolly Dearden Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McKean Palmer Vilsack Nays, 25: Angelo Behn Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Maddox McCoy McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Zieman Absent or not voting, 5: Deluhery Gettings Lundby Neuhauser Tinsman Amendment S-3797 lost. 103rd Day FRIDAY, APRIL 25, 1997 1479 Senator Vilsack asked and received unanimous consent to withdraw amendment S-3798 filed by Senators Vilsack and Judge from the floor to page 4 of the bill. Senator Vilsack offered amendment S-3799 filed by him from the floor to page 3 of the bill and moved its adoption. Amendment S-3799 was adopted by a voice vote. Senator Vilsack withdrew amendment S-3793 to page 3 of the bill, previously deferred. Senator Douglas 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. 724) the vote was: Ayes, 44: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, 1: Fink Absent or not voting, 5: Deluhery Gettings Lundby Neuhauser Tinsman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 1480 JOURNAL OF THE SENATE 103rd Day Senator Iverson asked and received unanimous consent that House File 724 be immediately messaged to the House. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 24, 1997, amended and passed the following bill in which the concurrence of the Senate is asked: 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 (S- 3782). INTRODUCTION OF RESOLUTION Senate Resolution 10, by Kramer, Iverson, Gronstal, and Judge, a resolution honoring E.A. (Sam) Samuelson for his many years of service to the Senate. Read first time and passed on file. COMMITTEE REPORT WAYS AND MEANS Final Bill Action: HOUSE CONCURRENT RESOLUTION 22, a concurrent resolution requesting the Legislative Council to establish a task force to study Iowa's system of state and local taxation and requiring reporting by certain dates. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3802. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Drake, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Nays, none. Absent or not voting, 2: Deluhery and Freeman. Fiscal Note: REQUIRED UNDER JOINT RULE 17. 103rd Day FRIDAY, APRIL 25, 1997 1481 AMENDMENTS FILED S(3799 H. F. 724 Tom Vilsack S(3800 H. F. 730 Jack Rife S(3801 H. F. 266 John P. Kibbie Johnie Hammond Mike Connolly S(3802 H. C. R. 22 Ways and Means MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3791 to amendment S-3686 to House File 266 was adopted by the Senate on April 25, 1997. WALLY E. HORN ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:21 p.m., until 10:00 a.m., Monday, April 28, 1997.
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Index: Senate Journal (77th General Assembly: Session 1)
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