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ONE HUNDRED-SIXTH CALENDAR DAY SIXTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 28, 1997 The Senate met in regular session at 10:20 a.m., President Kramer presiding. Prayer was offered by the Honorable Allen Borlaug, member of the Senate from Chickasaw County, Protivin, Iowa. The Journal of Friday, April 25, 1997, was approved. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the members of the Conference Committee, appointed April 24, 1997, on Senate File 391, a bill for an act relating to and making appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, establishing a toll-free road and weather reporting system, eliminating the motor vehicle use tax as the funding source for the value-added agricultural products and processes financial assistance program and the renewable fuels and coproducts fund, and providing for the designation of access Iowa highways, and providing effective dates, on the part of the House are: The Representative from Muscatine, Mr. Brauns, Chair; the Representative from Clinton, Mr. Bradley; the Representative from Des Moines, Mr. Cohoon; the Representative from Hancock, Mr. Rayhons; the Representative from Woodbury, Mr. Warnstadt. ALSO: that the members of the Conference Committee, appointed April 24, 1997, on Senate File 529, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, on the part of the House are: The Representative from Bremer, Mr. Brunkhorst, Chair; the Representative from Polk, Mr. Cataldo; the Representative from Scott, Mr. Holmes; the Representative from Plymouth, Mr. Klemme; the Representative from Linn, Mr. Taylor. 106th Day MONDAY, APRIL 28, 1997 1483 HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 579 Senator Dearden called up for consideration House File 579, a bill for an act relating to the membership of the medical assistance advisory council, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S- 3545 to Senate amendment H-1646 filed April 16, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Dearden 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. 579) the vote was: Ayes, 46: 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 McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: McCoy McKibben Palmer Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 1484 JOURNAL OF THE SENATE 106th Day LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Palmer until he arrives on request of Senator Horn and Senator McKibben until he arrives on request of Senator Rehberg. UNFINISHED BUSINESS CALENDAR (Deferred April 21, 1997) House File 540 The Senate resumed consideration of House File 540, a bill for an act relating to personnel procedures and investment policy requirements for state government employees, deferred April 21, 1997. Senator Connolly offered amendment S-3685 filed by him on April 22, 1997, to pages 2, 4 and 5 of the bill. Senator Rittmer offered amendment S-3775 filed by him on April 25, 1997, to amendment S-3685 and moved its adoption. Amendment S-3775 was adopted by a voice vote. Senator Connolly moved the adoption of amendment S-3685 as amended, which motion prevailed by a voice vote. Senator Kibbie asked and received unanimous consent to withdraw amendment S-3666 filed by Senators Kibbie, et al., on April 21, 1997, to pages 4, 5 and the title page of the bill. Senator Connolly withdrew amendments S-3667 and S-3668 filed by him on April 21, 1997, to page 5 of the bill. Senator Rittmer 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. 540) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman 106th Day MONDAY, APRIL 28, 1997 1485 Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 1: Black, J. Absent or not voting, 2: McLaren Vilsack 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 579 and 540 be immediately messaged to the House. ADOPTION OF RESOLUTION (Regular Calendar) Senate Resolution 8 On motion of Senator Bartz, Senate Resolution 8, a senate resolution recognizing Sergeant Scott Harlan Siefken and his family and requesting federal assistance, with report of committee recommending passage, was taken up for consideration. Senator Bartz moved the adoption of Senate Resolution 8, which motion prevailed by a voice vote. UNFINISHED BUSINESS CALENDAR (Deferred April 25, 1997) House File 266 The Senate resumed consideration of House File 266, a bill for an act relating to the administration of state individual income, 1486 JOURNAL OF THE SENATE 106th Day 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, amendment S-3686 by the committee on Ways and Means to strike everything after the enacting clause of the bill, deferred April 25, 1997. Senator Kibbie offered amendment S-3801 filed by Senators Kibbie, Hammond and Connolly on April 25, 1997, to amendment S- 3686. Senator Douglas raised the point of order that amendment S-3801 was not germane. Senator Douglas asked and received unanimous consent that her request for a ruling on germaneness and action on amendment S- 3801 to amendment S-3686, be deferred. Senator Lundby asked and received unanimous consent to withdraw amendment S-3704 filed by Senators Lundby, et al., to amendment S-3686. Senator Horn withdrew the motion to reconsider amendment S- 3791 to amendment S-3686 filed by him on April 25, 1997, and found on page 1481 of the Senate Journal. The Senate resumed consideration of amendment S-3801 to amendment S-3686 by Senators Kibbie, Hammond and Connolly, and the point of order raised by Senator Douglas that amendment S- 3801 was not germane. The Chair ruled the point well taken and amendment S-3801 out of order. Senator Schuerer filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3696 to amendment S-3686 to House File 266 was adopted by the Senate on April 25, 1997. 106th Day MONDAY, APRIL 28, 1997 1487 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 24. The motion prevailed and amendment S-3696 to amendment S- 3686 was taken up for reconsideration. Senator Dvorsky asked and received unanimous consent that action on amendment S-3696 to amendment S-3686, amendment S-3686 as amended, and House File 266 be deferred. UNFINISHED BUSINESS CALENDAR Senate File 448 On motion of Senator Lundby, Senate File 448, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date, placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Lundby offered amendment S-3660 filed by her on April 21, 1997, to pages 1, 4, 22, 28, 32, 34 and 39 of the bill and moved its adoption. Amendment S-3660 was adopted by a voice vote. Senator Lundby asked and received unanimous consent that House File 636 be substituted for Senate File 448 as amended. House File 636 On motion of Senator Lundby, House File 636, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date, was taken up for consideration. 1488 JOURNAL OF THE SENATE 106th Day Senator Dvorsky offered amendment S-3725 filed by Senators Dvorsky and Neuhauser on April 23, 1997, to page 28 of the bill and moved its adoption. Amendment S-3725 was adopted by a voice vote. Senator Borlaug offered amendment S-3457 filed by Senators Borlaug and Dearden on April 9, 1997, to page 34 of the bill. Senator Borlaug offered amendment S-3652 filed by him on April 21, 1997, to amendment S-3457 and moved its adoption. Amendment S-3652 was adopted by a voice vote. Senator Borlaug moved the adoption of amendment S-3457 as amended, which motion prevailed by a voice vote. Senator Lundby offered amendment S-3806 filed by her from the floor to page 36 of the bill and moved its adoption. Amendment S-3806 was adopted by a voice vote. Senator Lundby 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. 636) 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 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 106th Day MONDAY, APRIL 28, 1997 1489 Nays, 1: Halvorson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Lundby asked and received unanimous consent that Senate File 448 be withdrawn from further consideration of the Senate. Senator Iverson asked and received unanimous consent that House File 636 be immediately messaged to the House. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 1997, passed the following bill in which the concurrence of the House was asked: Senate File 161, a bill for an act modifying the holding temperature required for the storage of eggs sold at retail. ALSO: That the House has on April 28, 1997, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 456, a bill for an act relating to city civil service and providing an effective date. 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. ALSO: That the House has on April 28, 1997, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: 1490 JOURNAL OF THE SENATE 106th Day House File 662, a bill for an act relating to the defense of criminal charges, by making changes in the penalties applicable to certain offenses for which appointment of counsel is required, providing county attorneys or their designees with access to the centralized employee registry for purposes of collection of restitution, making changes relating to the determination of a person's indigency, prohibiting the submission of false information on an affidavit of financial status, requiring the state to enforce liens for restitution in criminal cases, and providing penalties (S-3807 to H-1775). RECESS On motion of Senator Iverson, the Senate recessed at 12:15 p.m., until 1:30 p.m. AFTERNOON SESSION The Senate reconvened at 1:43 p.m., Senator Boettger presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 34 present, 16 absent and a quorum present. UNFINISHED BUSINESS CALENDAR House File 637 On motion of Senator Lundby, House File 637, a bill for an act relating to the general operation of corporations, partnerships, and associations, including provisions relating to certain filings made by corporations and associations, the filing of biennial reports by certain corporations and cooperative associations, and establishing fees, with report of committee recommending passage and placed on the 106th Day MONDAY, APRIL 28, 1997 1491 Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Lundby 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. 637) 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. House File 642 On motion of Senator Maddox, House File 642, a bill for an act relating to limited partnerships and the rights and duties of limited partners, partnership agreements, duties of the secretary of state with respect to limited partnerships, and other related matters affecting foreign and domestic limited partnerships, and establishing fees and penalties, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Maddox asked and received unanimous consent that action on House File 642 be deferred. 1492 JOURNAL OF THE SENATE 106th Day House File 661 On motion of Senator McKibben, House File 661, a bill for an act relating to the adjudication and sentencing of certain criminal offenders, by providing for notice and hearings on reconsiderations of sentence, permitting the presentation of oral victim impact statements at reconsideration of sentence hearings, and eliminating certain sexual offenders from eligibility for suspended or deferred sentences or deferred judgments, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. 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. 661) the vote was: Ayes, 50: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 637 and 661 be immediately messaged to the House. 106th Day MONDAY, APRIL 28, 1997 1493 HOUSE AMENDMENT CONSIDERED Senate File 526 Senator Tinsman called up for consideration Senate File 526, a bill for an act providing for the establishment of a healthy opportunities for parents to experience success-healthy families Iowa program by the Iowa department of public health, amended by the House, and moved that the Senate concur in House amendment S-3746 filed April 24, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Tinsman 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. 526) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 1494 JOURNAL OF THE SENATE 106th Day BUSINESS PENDING House File 266 The Senate resumed consideration of 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, amendment S-3686 as amended by the committee on Ways and Means to strike everything after the enacting clause of the bill, and amendment S-3696 to amendment S-3686, previously deferred. Senator Dvorsky moved the adoption of amendment S-3696 to amendment S-3686, which motion prevailed by a voice vote. Senator Redfern moved the adoption of amendment S-3686 as amended, which motion prevailed by a voice vote. 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?" (H.F. 266) 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 106th Day MONDAY, APRIL 28, 1997 1495 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 as amended was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 266 be immediately messaged to the House and to send an immediate message to the House on Senate File 526. UNFINISHED BUSINESS CALENDAR House File 666 On motion of Senator King, House File 666, a bill for an act to increase the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver amphetamine or any substance containing amphetamine, 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. 666) 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 1496 JOURNAL OF THE SENATE 106th Day 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. CONSIDERATION OF RESOLUTION (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 22. House Concurrent Resolution 22 On motion of Senator Douglas, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Douglas offered amendment S-3802 filed by the committee on Ways and Means on April 25, 1997, to page 4 of the resolution and moved its adoption. Amendment S-3802 was adopted by a voice vote. Senator Gronstal asked and received unanimous consent that action on House Concurrent Resolution 22 as amended be deferred. UNFINISHED BUSINESS CALENDAR House File 114 On motion of Senator Redfern, House File 114, a bill for an act to legalize certain city and county deeds and conveyances, with report of 106th Day MONDAY, APRIL 28, 1997 1497 committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, 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?" (H.F. 114) 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 Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Rehberg 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 114 and 666 be immediately messaged to the House. UNFINISHED BUSINESS CALENDAR (Deferred April 9, 1997) Senate File 367 The Senate resumed consideration of Senate File 367, a bill for an act relating to transfers of real property by providing that certain 1498 JOURNAL OF THE SENATE 106th Day disclosures regarding psychologically impacted property are not required and by amending the definition of transfer, deferred April 9, 1997. Senator Bartz offered amendment S-3705 filed by him on April 23, 1997, to page 2 of the bill and moved its adoption. Amendment S-3705 was adopted by a voice vote. Senator Bartz offered amendment S-3451 filed by Senators Bartz and Neuhauser on April 9, 1997, to page 2 of the bill and moved its adoption. Amendment S-3451 was adopted by a voice vote. Senator Bartz 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. 367) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Flynn Fraise Freeman Gettings Gronstal Hansen Iverson Jensen King Kramer McKibben Redfern Redwine Rehberg Rittmer Schuerer Tinsman Zieman Nays, 25: Black, D. Connolly Dearden Deluhery Drake Dvorsky Fink Halvorson Hammond Harper Hedge Horn Judge Kibbie Lundby Maddox McCoy McKean McLaren Neuhauser Palmer Rensink Rife Szymoniak Vilsack 106th Day MONDAY, APRIL 28, 1997 1499 The bill not having received a constitutional majority was declared to have failed to pass the Senate. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 1997, adopted the conference committee report and passed Senate File 529, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. ALSO: that the House has on April 28, 1997, adopted the conference committee report and passed House File 612, a bill for an act relating to child support recovery, providing penalties, and providing effective dates. ALSO: That the House has on April 28, 1997, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 142, a bill for an act relating to the hunting of deer with a pistol or revolver and providing a penalty. President Kramer took the chair at 3:22 p.m. CONFERENCE COMMITTEE REPORT RECEIVED (House File 612) A conference committee report signed by the following Senate and House members was filed April 28, 1997, on House File 612, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters: On the Part of the Senate: On the Part of the House: NANCY BOETTGER, Chair DAN BODDICKER, Chair MARY NEUHAUSER JEFFREY LAMBERTI DONALD B. REDFERN DAVID MILLAGE NEAL SCHUERER TOM VILSACK COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 555, a bill for an act relating to the control of pseudorabies, making corresponding changes, making penalties applicable, and providing for an effective date. 1500 JOURNAL OF THE SENATE 106th Day Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3809. Final Vote: Ayes, 15: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: SENATE CONCURRENT RESOLUTION 13, a concurrent resolution recognizing the 150th anniversary of the founding of the University of Iowa. Recommendation: DO PASS. Final Vote: Ayes, 11: Redfern, Rehberg, Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Neuhauser, Szymoniak and Tinsman. Nays, none. Absent or not voting, 4: Connolly, Kramer, Redwine and Rensink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 10, a resolution honoring E.A. (Sam) Samuelson for his many years of service to the Senate. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Fink, Jensen, Kibbie, Maddox, Redfern and Rehberg. Nays, none. Absent or not voting, 2: Judge and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONFERENCE COMMITTEE REPORT ADOPTED House File 612 Senator Boettger called up the conference committee report on House File 612, a bill for an act relating to child support recovery, providing penalties, and providing effective dates, filed on April 28, 1997, and moved its adoption. The motion prevailed by a voice vote and the conference committee report and the recommendations and amendments contained therein was adopted. 106th Day MONDAY, APRIL 28, 1997 1501 Senator Boettger moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 612) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McLaren Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that House File 612 be immediately messaged to the House. UNFINISHED BUSINESS CALENDAR (Deferred April 25, 1997) House File 722 The Senate resumed consideration of 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 and amendment S-3768 by the committee on Ways and Means to pages 2-4 of the bill, deferred April 25, 1997. 1502 JOURNAL OF THE SENATE 106th Day Senator McKibben asked and received unanimous consent to withdraw amendment S-3768. The Chair ruled that amendment S-3803 filed by Senator Vilsack from the floor to amendment S-3768, was out of order. Senator McKibben offered amendment S-3810 filed by Senators McKibben and Flynn from the floor to pages 2 and 3 of the bill. Senator Vilsack offered amendment S-3813 filed by him from the floor to amendment S-3810 and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3813 to amendment S- 3810 be adopted?" (H.F. 722) the vote was: Ayes, 20: Bartz Black, D. Dearden Deluhery Dvorsky Fink Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Behn Black, J. Boettger Borlaug Connolly Douglas Drake Flynn Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Kibbie McLaren Amendment S-3813 lost. 106th Day MONDAY, APRIL 28, 1997 1503 Senator McKibben moved the adoption of amendment S-3810, which motion prevailed by a voice vote. 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. 722) the vote was: Ayes, 43: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Halvorson Hammond 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, 7: Connolly Dearden Fink Gettings Gronstal Hansen Neuhauser The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 1997, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 540, a bill for an act relating to personnel procedures and investment policy requirements for state government employees. 1504 JOURNAL OF THE SENATE 106th Day ALSO: That the House has on April 28, 1997, amended the Senate amendment, concurred in the Senate amendment as amended and 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 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 (S-3817 to H-1945). IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 722 be immediately messaged to the House. BUSINESS PENDING House Concurrent Resolution 22 The Senate resumed consideration of House Concurrent Resolution 22 as amended, 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, previously deferred. Senator Gronstal offered amendment S-3816 filed by him from the floor to pages 2-4 of the resolution and moved its adoption. Amendment S-3816 was adopted by a voice vote. Senator Douglas moved the adoption of House Concurrent Resolution 22 as amended, which motion prevailed by a voice vote. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 724 Senator Douglas called up for consideration House File 724, a bill for an act relating to investments in counties and cities by providing 106th Day MONDAY, APRIL 28, 1997 1505 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, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3817 to Senate amendment H-1945 filed on April 28, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Douglas 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. 724) the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky 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, 2: Fink Neuhauser The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: 1506 JOURNAL OF THE SENATE 106th Day MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 1997, passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 28, 1997, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 636, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date. CONSIDERATION OF BILL (Regular Calendar) Senate File 555 On motion of Senator Kibbie, Senate File 555, a bill for an act relating to the control of pseudorabies, making corresponding changes, making penalties applicable, and providing for an effective date, with report of committee recommending amendment and passage was taken up for consideration. Senator Kibbie offered amendment S-3809 filed by the committee on Agriculture from the floor to strike everything after the enacting clause of the bill. Senator Kibbie offered amendment S-3815 filed by him from the floor to amendment S-3809. Senator Bartz asked and received unanimous consent that action on amendment S-3815 to amendment S-3809, amendment S-3809 and Senate File 555 be deferred. 106th Day MONDAY, APRIL 28, 1997 1507 BUSINESS PENDING House File 642 The Senate resumed consideration of House File 642, a bill for an act relating to limited partnerships and the rights and duties of limited partners, partnership agreements, duties of the secretary of state with respect to limited partnerships, and other related matters affecting foreign and domestic limited partnerships, and establishing fees and penalties, previously deferred. Senator Maddox withdrew amendment S-3804 filed by him from the floor to page 30 and the title page of the bill. Senator Maddox offered amendment S-3814 filed by him from the floor to page 30 and the title page of the bill and moved its adoption. Amendment S-3814 was adopted by a voice vote. 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. 642) 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. 1508 JOURNAL OF THE SENATE 106th Day The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 662 Senator Maddox called up for consideration House File 662, a bill for an act relating to the defense of criminal charges, by making changes in the penalties applicable to certain offenses for which appointment of counsel is required, providing county attorneys or their designees with access to the centralized employee registry for purposes of collection of restitution, making changes relating to the determination of a person's indigency, prohibiting the submission of false information on an affidavit of financial status, requiring the state to enforce liens for restitution in criminal cases, and providing penalties, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3807 to Senate amendment H-1775 filed April 28, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Maddox 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. 662) 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 106th Day MONDAY, APRIL 28, 1997 1509 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolution 22 and House Files 642 and 662 be immediately messaged to the House. UNFINISHED BUSINESS CALENDAR House File 226 On motion of Senator Angelo, House File 226, a bill for an act relating to computation of time by which criminal sentences may be reduced for good behavior and providing for limited retroactive applicability, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Angelo moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 226) 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 1510 JOURNAL OF THE SENATE 106th Day 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 House Files 226 and 724 be immediately messaged to the House. UNFINISHED BUSINESS CALENDAR House File 371 On motion of Senator Tinsman, House File 371, a bill for an act relating to the issuing of temporary orders for support, custody, or visitation of a child born outside of marriage, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. President pro tempore Redfern took the chair at 5:39 p.m. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 371) the vote was: Ayes, 49: Angelo Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky 106th Day MONDAY, APRIL 28, 1997 1511 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, 1: Bartz The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 83 Senator Freeman called up for consideration Senate File 83, a bill for an act relating to property taxation of property given to the state or a political subdivision upon which a life estate is retained, amended by the House, and moved that the Senate concur in House amendment S-3742 filed on April 24, 199. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Freeman 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. 83) the vote was: Ayes, 50: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake 1512 JOURNAL OF THE SENATE 106th Day Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 371 be immediately messaged to the House and to send an immediate message to the House on Senate File 83. ADOPTION OF RESOLUTION (Regular Calendar) House Concurrent Resolution 21 On motion of Senator McKean, 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, with report of committee recommending passage, was taken up for consideration. Senator McKean moved the adoption of House Concurrent Resolution 21, which motion prevailed by a voice vote. BUSINESS PENDING Senate File 555 The Senate resumed consideration of Senate File 555, a bill for an act relating to the control of pseudorabies, making corresponding 106th Day MONDAY, APRIL 28, 1997 1513 changes, making penalties applicable, and providing for an effective date, amendment S-3809 to strike everything after the enacting clause of the bill and amendment S-3815 to amendment S-3809, previously deferred. Senator Bartz asked and received unanimous consent to withdraw amendment S-3818 filed by Senators Bartz and Judge from the floor to amendment S-3809. The Senate resumed consideration of amendment S-3815 to amendment S-3809. Senator Kibbie moved the adoption of amendment S-3815 to amendment S-3809 which motion prevailed by a voice vote. Senator Kibbie moved the adoption of amendment S-3809 as amended, which motion prevailed by a voice vote. Senator Kibbie 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. 555) 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. 1514 JOURNAL OF THE SENATE 106th Day IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolution 21 and Senate File 555 be immediately messaged to the House. REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 132, the following correction was made: 1. Page 12, line 25, the following words were added " NEW UNNUMBERED PARAGRAPH. ". ALSO: That in enrolling Senate File 236, the following corrections were made: 1. Page 5, line 5, the letter "n." was changed to the letter "l.". 2. Page 5, line 10, the letter "o." was changed to the letter "m.". 3. Page 5, line 13, the letter "p." was changed to the letter "n.". 4. Page 5, line 16, the letter "q." was changed to the letter "o". 5. Page 5, line 20, the letter "r." was changed to the letter "p". ALSO: That in enrolling Senate File 240, the following corrections were made: 1. Page 29, line 2, the words "department of Justice" were changed to the words "department of justice". 2. Page 29, line 3, a colon was added after the number "16546". 3. Page 37, line 15, the words "For aids prevention" was changed to the words "For AIDS prevention. ALSO: That in enrolling Senate File 433, the following corrections were made: Page 1, line 2, the words "the following new paragraph" were changed to the words "the following new unnumbered paragraph". 2. Page 1, line 34, the words "the following new paragraph" were changed to the words "the following new unnumbered paragraph". ALSO: That in engrossing the Senate amendment to House File 266, the following corrections were made: 1. Page 20, line 45, the word and number "Section 16" were changed to the word and number "Section 17". 106th Day MONDAY, APRIL 28, 1997 1515 1. Page 20, line 48, the words and numbers "Sections 6, 12, and 20" were changed to the words and numbers "Sections 6, 12, and 22". 3. Page 21, line 4, the word and number "Section 18" were changed to the word and number "Section 20". 4. Page 21, line 6, the words and numbers Sections 201 and 202" were changed to the words and numbers "Sections 42 and 43". MARY PAT GUNDERSON Secretary of the Senate PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fifty fifth grade students from Grant Elementary School, Oskaloosa, accompanied by Margaret Maddox. Senator Hedge. Sixth grade students from Hoover Elementary School, Dubuque, accompanied by Mrs. Lyon. Senator Flynn. Twenty sixth grade students from Turkey Valley Community School District, Jackson Jct., accompanied by Mrs. Milbrant. Senator Borlaug. 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 28th day of April, 1997: Senate Files 116, 176, 132, 174, 229, 236, 109, 240, 379, 433 and 460. MARY PAT GUNDERSON Secretary of the Senate COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: 1516 JOURNAL OF THE SENATE 106th Day March 18, 1997 IOWA ENERGY CENTER 1996 Annual Report. March 24, 1997 IOWA DEPARTMENT OF PUBLIC HEALTH A report on Organized Delivery Systems in Iowa pursuant to 75th G.A. Chapter 158. Iowa Senior Health Program FY96. Vital Statistics - 1995 - Pursuant to: Iowa Code, Ch. 144.5(5). March 27, 1997 IOWA COLLEGE STUDENT AID COMMISSION The ethnic diversity and controlled substance policy assurances summaries required by Iowa Code Section 261.25, subsection 5. April 1, 1997 IOWA RACING AND GAMING COMMISSION 1996 Annual Report. April 3, 1997 LEGISLATIVE SERVICE BUREAU Hedge to Arrive Contracts Study Committee. IOWA COLLEGE STUDENT AID COMMISSION 1995-1996 Biennial Report. April 9, 1997 IOWA WORKFORCE DEVELOPMENT A copy of the 1997 Annual Status Report on the Unemployment Compensation Fund in accordance with Iowa Code Section 96.35. April 21, 1997 DIVISION OF COMMUNITY ACTION AGENCIES The Final Report on the Iowa Dialogue on Poverty \ 1996 Annual Report on Community Action Programs in Iowa. 106th Day MONDAY, APRIL 28, 1997 1517 April 22, 1997 IOWA FAMILY POLICY CENTER The Iowa Index of Leading Cultural Indicators. April 25, 1997 CITIZENS' AIDE/OMBUDSMAN Annual report for 1996 pursuant to Iowa Code Section 2C. ANNOUNCEMENT OF APPOINTMENTS BY THE PRESIDENT OF THE SENATE President Kramer announced the following senatorial appointments after consultation with the majority and minority leaders: April 25, 1997 Iowa Economic Development Board: Allen Borlaug and Rod Halvorson Agricultural Energy Management Advisory Council: Jeff Angelo and Eugene Fraise Communications Review Committee: Derryl McLaren, John Redwine and Bob Dvorsky Rural Health & Primary Care Advisory Committee: Wilmer Rensink and Patty Judge Child Support Advisory Committee: Nancy Boettger and Mary Neuhauser Committee on the Status of Women Don Redfern (term expires at the beginning of 78th General Assembly). Pat Harper (term expires at the beginning of 79th General Assembly). Commission on Children, Youth and Families Merlin Bartz and Tom Flynn 1518 JOURNAL OF THE SENATE 106th Day Capitol Planning Commission: John Jensen (term expires 4-30-2001): Patty Judge (term expires 4-30-1999 - replaces Bill Palmer) Renewable Fuel Coproducts Advisory Committee: JoAnn Douglas and Bill Fink (terms expire 4-30-98) Criminal and Juvenile Justice Planning Advisory Committee: Gene Maddox (term expires 6-30-98) Bob Dvorsky (term expires 6-30-98 - replaces Randy Giannetto) Police and Fire Retirement System Trustee: Mary Lundby (term expires 4-30-98) Rod Halvorson (term expires 4-30-98 - replaces Larry Murphy State Child Day Care Advisory Committee: Kitty Rehberg Council on Human Investment Neal Schuerer and Tom Vilsack Wallace Technology Transfer Foundation of Iowa: John Redwine and Bill Palmer Energy Fund Disbursement Council: Mary Lou Freeman and Bill Fink College Student Aid Commission Don Redfern SUBCOMMITTEE ASSIGNMENT Senate Concurrent Resolution 13 EDUCATION: Dvorsky, Chair; Neuhauser and Redfern REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: April 28, 1997, 9:37 a.m. Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. 106th Day MONDAY, APRIL 28, 1997 1519 Members Absent: none. Committee Business: Recommended passage of Senate File 555 as amended. Adjourned: 9:50 a.m. APPROPRIATIONS Convened: April 25, 1997, 11:18 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer and Tinsman Members Absent: Dvorsky, Lundby, McCoy and Vilsack (all excused). Committee Business: Recommended passage of House File 726. Adjourned: 11:23 a.m. APPROPRIATIONS Convened: April 25, 1997, 2:40 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rittmer and Vilsack. Members Absent: D. Black, Lundby, Neuhauser, Rife and Tinsman (all excused). Committee Business: Recommended passage of House Files 724 and 732. Adjourned: 3:00 p.m. AMENDMENTS FILED S(3803 H. F. 722 Tom Vilsack S(3804 H. F. 642 O. Gene Maddox S(3805 H. F. 731 Mary A. Lundby S(3806 H. F. 636 Mary A. Lundby S(3807 H. F. 662 House amendment S(3808 H. F. 731 Mike Connolly John W. Jensen S(3809 S. F. 555 Agriculture S(3810 H. F. 722 Larry McKibben Tom Flynn S(3811 S. F. 549 Robert E. Dvorsky Dennis H. Black S(3812 H. F. 731 Rod Halvorson S(3813 H. F. 722 Tom Vilsack S(3814 H. F. 642 O. Gene Maddox 1520 JOURNAL OF THE SENATE 106th Day S(3815 S. F. 555 John P. Kibbie S(3816 H. C. R. 22 Michael E. Gronstal S(3817 H. F. 724 House amendment S(3818 S. F. 555 Merlin E. Bartz Patty Judge MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 367 failed to pass the Senate on April 28, 1997. ELAINE SZYMONIAK EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 25, 1997, when the vote was taken on Senate File 531. Had I been present, I would have voted "aye". PATTY JUDGE The Senate stood at ease at 6:12 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 8:23 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Boettger requested a non record roll call to determine that a quorum was present. The vote revealed 44 present, 6 absent and a quorum present. CONSIDERATION OF BILL (Appropriations Calendar) House File 731 On motion of Senator Lundby, House File 731, a bill for an act relating to public budgeting, regulatory, and organizational matters, making fund transfers and appropriations, and providing technical 106th Day MONDAY, APRIL 28, 1997 1521 provisions, and providing effective dates, with report of committee recommending amendment and passage was taken up for consideration. Senator Lundby offered amendment S-3770 filed by the committee on Appropriations on April 24, 1997, to pages 1-4, 7, 14-16, 18, 19 and 21 of the bill. The Senate stood at ease at 8:43 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 9:10 p.m., President Kramer presiding. BUSINESS PENDING House File 731 The Senate resumed consideration of House File 731 and amendment S-3770 by the committee on Appropriations to page 1-4 and 21 of the bill. Senator Gronstal called for a division of amendment S-3770: Page 1, lines 14-50 and page 2, lines 1-15 as division S-3770A: page 1, lines 3-13; page 2, lines 16-50 and page 3, lines 1-27 as division S- 3770B. Senator Gronstal raised the point of order that division S-3770A was not germane to the bill. The Chair ruled the point well taken and division S-3770A out of order. The Chair ruled amendment S-3795 filed by Senators Black of Jasper and Douglas on April 25, 1997, to division S-3770A, out of order. LEAVE OF ABSENCE Leave of absence was granted as follows: 1522 JOURNAL OF THE SENATE 106th Day Senator Gettings for the remainder of the evening on request of Senator Judge. BUSINESS PENDING House File 731 The Senate resumed consideration of House File 731. Senator Vilsack offered amendment S-3829 filed by Senators Vilsack, et al., to division S-3770B, moved its adoption and requested a record roll call. On the question "Shall amendment S-3829 to division S-3770B be adopted?" (H.F. 731) the vote was: Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 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, 2: Gettings Rife Amendment S-3829 lost. Senator Lundby offered amendment S-3825 filed by her from the floor to division S-3770B and moved its adoption. 106th Day MONDAY, APRIL 28, 1997 1523 Amendment S-3825 was adopted by a voice vote. Senator Boettger offered amendment S-3824 filed by Senators Boettger and Douglas from the floor to division S-3770B and moved its adoption. A non record roll call was requested. The ayes were 28, nays 11. Amendment S-3824 was adopted. Senator Lundby offered amendment S-3805 filed by her from the floor to division S-3770B and moved its adoption. Amendment S-3805 was adopted by a voice vote. With the adoption of amendment S-3824, the Chair ruled amendment S-3812 filed by Senator Halvorson from the floor to division S-3770B, out of order. Senator Lundby moved the adoption of division S-3770B as amended, which motion prevailed by a voice vote. Senator Iverson offered amendment S-3826 filed by Senators Iverson, et al., from the floor to pages 4-6 of the bill. Senator McCoy raised the point of order that amendment S-3826 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3826 in order. Senator Vilsack offered amendment S-3833 filed by him from the floor to amendment S-3826, moved its adoption and requested a record roll call. On the question "Shall amendment S-3833 to amendment S- 3826 be adopted?" (H.F. 731) the vote was: 1524 JOURNAL OF THE SENATE 106th Day Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy McKean Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Tinsman Zieman Absent or not voting, 3: Gettings Rife Rittmer Amendment S-3833 lost. Senator McCoy withdrew amendment S-3837 filed by him from the floor to amendment S-3826. Senator McCoy withdrew amendment S-3836 filed by him from the floor to amendment S-3826. Senator McCoy offered amendment S-3839 filed by him from the floor to amendment S-3826, moved its adoption and requested a record roll call. On the question "Shall amendment S-3839 to amendment S- 3826 be adopted?" (H.F. 731) the vote was: Ayes, 17: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Halvorson Hammond Hansen Harper 106th Day MONDAY, APRIL 28, 1997 1525 Horn McCoy Neuhauser Palmer Vilsack Nays, 31: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Gronstal Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Absent or not voting, 2: Gettings Redfern Amendment S-3839 lost. Senator Neuhauser offered amendment S-3844 filed by Senators Neuhauser and McCoy on April 28, 1997, to amendment S-3826 and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3844 to amendment S- 3826 be adopted?" (H.F. 731) the vote was: Ayes, 12: Dearden Dvorsky Fink Gronstal Halvorson Hammond Hansen Harper Horn McCoy Neuhauser Palmer Nays, 34: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Deluhery Douglas Drake Flynn Fraise Freeman Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Redwine Rehberg 1526 JOURNAL OF THE SENATE 106th Day Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Absent or not voting, 4: Gettings Redfern Rife Vilsack Amendment S-3844 lost. Senator McCoy offered amendment S-3845 filed by him from the floor to amendment S-3826 and moved its adoption. Amendment S-3845 was adopted by a voice vote. Senator McCoy offered amendment S-3846 filed by him from the floor to amendment S-3826, moved its adoption and requested a record roll call. On the question "Shall amendment S-3846 to amendment S- 3826 be adopted?" (H.F. 731) the vote was: Ayes, 18: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Halvorson Hammond Hansen Harper Horn McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 30: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Fraise Freeman Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Gettings Redfern Amendment S-3846 lost. 106th Day MONDAY, APRIL 28, 1997 1527 Senator Iverson moved the adoption of amendment S-3826 as amended and requested a record roll call. On the question "Shall amendment S-3826 as amended be adopted?" (H.F. 731) the vote was: Ayes, 35: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Deluhery Douglas Drake Fraise Freeman Halvorson Hedge Horn Iverson Jensen Judge Kibbie Kramer Lundby Maddox McKean McKibben McLaren Palmer Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 13: Connolly Dearden Dvorsky Fink Flynn Gronstal Hammond Hansen Harper King McCoy Neuhauser Redwine Absent or not voting, 2: Gettings Redfern Amendment S-3826 as amended was adopted. With the adoption of amendment S-3826 as amended, the Chair ruled the following amendments out of order: Amendment S-3822 filed by Senators Dvorsky, et al., on April 28, 1997, to pages 5 and 6 of the bill. Amendment S-3823 filed by Senators Vilsack, et al., on April 28, 1997, to pages 5 and 6 of the bill. Senator Flynn offered amendment S-3821 filed by Senators Flynn, et al., on April 28, 1997, to page 6 of the bill. 1528 JOURNAL OF THE SENATE 106th Day Senator Lundby raised the point of order that amendment S-3821 was not germane to the bill. The Chair ruled the point well taken and amendment S-3821 out of order. The Senate stood at ease at 1:30 a.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 1:46 a.m., President Kramer presiding. BUSINESS PENDING House File 731 The Senate resumed consideration of House File 731. Senator Fink asked and received unanimous consent to withdraw amendment S-3827 filed by Senators Fink, Palmer and McCoy on April 28, 1997, to page 6 of the bill. Senator Vilsack offered amendment S-3820 filed by Senators Vilsack, et al., on April 28, 1997, to pages 6 and 7 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3820 be adopted?" (H.F. 731) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Tinsman Vilsack 106th Day MONDAY, APRIL 28, 1997 1529 Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redwine Rehberg Rensink Rittmer Schuerer Zieman Absent or not voting, 4: Gettings Palmer Redfern Rife Amendment S-3820 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Palmer for the remainder of the evening on request of Senator Gronstal. BUSINESS PENDING House File 731 The Senate resumed consideration of House File 731. Senator Behn withdrew amendment S-3715 filed by him on April 23, 1997, to pages 9-13 of the bill. Senator Lundby offered amendment S-3828 filed by Senators Lundby, McLaren and Connolly on April 28, 1997, to page 21 of the bill. Senator Connolly offered amendment S-3834 filed by him on April 28, 1997, to amendment S-3828 and moved its adoption. Amendment S-3834 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: 1530 JOURNAL OF THE SENATE 106th Day Senator Vilsack until he returns on request of Senator Black of Jasper. BUSINESS PENDING House File 731 The Senate resumed consideration of House File 731. Senator Lundby moved the adoption of amendment S-3828 as amended. A record roll call was requested. On the question "Shall amendment S-3828 as amended be adopted?" (H.F. 731) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 3: Gettings Redfern Vilsack Amendment S-3828 as amended was adopted. 106th Day MONDAY, APRIL 28, 1997 1531 Senator Connolly offered amendment S-3808 filed by Senators Connolly and Jensen on April 28, 1997, to page 21 of the bill and moved its adoption. Amendment S-3808 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Redfern until he returns on request of Senator Lundby. BUSINESS PENDING House File 731 The Senate resumed consideration of House File 731. Senator Neuhauser offered amendment S-3819 filed by Senators Neuhauser, et al., on April 28, 1997, to page 21 of the bill. Senator Lundby raised the point of order that amendment S-3819 was not germane to the bill. The Chair ruled the point well taken and amendment S-3819 out of order. Senator Harper offered amendment S-3707 filed by her on April 23, 1997, to page 22 of the bill and moved its adoption. Amendment S-3707 was adopted by a voice vote. Senator Zieman withdrew amendment S-3847 filed by him from the floor to page 21 of the bill. Senator Lundby 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. 731) the vote was: 1532 JOURNAL OF THE SENATE 106th Day Ayes, 38: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Deluhery Douglas Drake Flynn Fraise Freeman Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Palmer Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 10: Dearden Dvorsky Fink Gronstal Halvorson Hammond Hansen Harper McCoy Neuhauser Absent or not voting, 2: Gettings Redfern 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 731 be immediately messaged to the House. INTRODUCTION OF RESOLUTION Senate Resolution 11, by Kramer, a senate resolution honoring Bob Brooks, Jim Zabel, and Ron Gonder for their dedication and enthusiam in broadcasting University of Iowa Hawkeye sports. Read first time and assigned to the committee on Rules and Administration. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: 106th Day MONDAY, APRIL 28, 1997 1533 MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 1997, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: House File 702, a bill for an act relating to human services and facility requirements involving the single entry point process for mental health and developmental disabilities services, regional planning councils, human services institution employee record checks, decategorization of adult disability services funding, legal settlement involving community-based providers of treatment or services, and the operating requirements of an intermediate care facility for persons with mental retardation (S-3838 to H-1902). ALSO: That the House has on April 28, 1997, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: 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 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. House File 733, a bill for 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, and to the commission of veterans affairs, Loess Hills development and conservation authority, state fair foundation, and state 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. ALSO: That the House has on April 28, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 734, a bill for an act relating to the criminal and civil justice system by providing for the imposition of a civil penalty for 1534 JOURNAL OF THE SENATE 106th Day certain motor vehicle license suspensions, revocations, or bars, for the appropriation and distribution of the penalties collected, and for the imposition and payment of fees for probation and parole, and concerning inmate employment in private industry. This bill was read first time and assigned to the committee on Ways and Means. WITHDRAWN Senator Bartz asked and received unanimous consent that House File 202 be withdrawn from further consideration of the Senate. AMENDMENTS FILED (Filed 4-28-97) S(3819 H. F. 731 Mary Neuhauser Robert E. Dvorsky Bill Fink Wally E. Horn Mike Connolly S(3820 H. F. 731 Tom Vilsack Robert E. Dvorsky Eugene Fraise Michael E. Gronstal Patty Judge Patrick J. Deluhery John P. Kibbie Tom Flynn Bill Fink Patricia Harper Johnie Hammond Rod Halvorson Mike Connolly S(3821 H. F. 731 Tom Flynn John P. Kibbie Rod Halvorson Mike Connolly Wally E. Horn Don Gettings 106th Day MONDAY, APRIL 28, 1997 1535 Elaine Szymoniak Bill Fink Robert E. Dvorsky S(3822 H. F. 731 Robert E. Dvorsky Eugene Fraise Michael E. Gronstal Patty Judge Patrick J. Deluhery John P. Kibbie Tom Flynn Bill Fink Rod Halvorson Patricia Harper Johnie Hammond Dennis H. Black Tom Vilsack S(3823 H. F. 731 Tom Vilsack Robert E. Dvorsky Eugene S. Fraise Michael E. Gronstal Patty Judge Patrick J. Deluhery John P. Kibbie Tom Flynn Rod Halvorson Bill Fink Patricia Harper Johnie Hammond S(3824 H. F. 731 Nancy Boettger JoAnn Douglas S(3825 H. F. 731 Mary A. Lundby S(3826 H. F. 731 Stewart Iverson, Jr. Derryl McLaren Wilmer Rensink Kitty Rehberg John W. Jensen Mary A. Lundby Eugene S. Fraise Rod Halvorson Patty Judge John P. Kibbie 1536 JOURNAL OF THE SENATE 106th Day Mary Lou Freeman Merlin E. Bartz JoAnn Douglas Nancy Boettger Larry McKibben Jeff Angelo S(3827 H. F. 731 Bill Fink William D. Palmer Matt McCoy S(3828 H. F. 731 Mary A. Lundby Derryl McLaren Mike Connolly S(3829 H. F. 731 Tom Vilsack Robert E. Dvorsky Eugene S. Fraise Michael E. Gronstal Rod Halvorson S(3830 S. F. 549 Elaine Szymoniak S(3831 S. F. 549 Derryl McLaren S(3832 S. F. 549 John P. Kibbie S(3833 H. F. 731 Tom Vilsack S(3834 H. F. 731 Mike Connolly S(3835 S. F. 549 Derryl McLaren S(3836 H. F. 731 Matt McCoy S(3837 H. F. 731 Matt McCoy S(3838 H. F. 702 House amendment S(3839 H. F. 731 Matt McCoy S(3840 S. F. 549 Mike Connolly S(3841 S. F. 549 Elaine Szymoniak S(3842 S. F. 549 Patricia Harper S(3843 S. F. 549 John P. Kibbie S(3844 H. F. 731 Mary Neuhauser Matt McCoy AMENDMENTS FILED (Filed 4-29-97) S-3845 H. F. 731 Matt McCoy S-3846 H. F. 731 Matt McCoy S-3847 H. F. 731 Lyle E. Zieman AJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:25AM, until 10:00AM, Tuesday, April 29, 1997.
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Index: Senate Journal (77th General Assembly: Session 1)
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