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Senate Journal: Thursday, March 21, 1996

                           SEVENTY-FOURTH CALENDAR DAY

                            FORTY-FOURTH SESSION DAY

                                 Senate Chamber

                   Des Moines, Iowa, Thursday, March 21, 1996



         The Senate met in regular session at 9:05 a.m., Senator Connolly
    presiding.

         Prayer was offered by the Reverend John Koedyker, pastor of the
    Community Reformed Church, Clinton, Iowa.

         The Journal of Wednesday, March 20, 1996, was approved.



                              INTRODUCTION OF BILL

         Senate File 2452, by committee on Ways and Means, a bill for an act
    relating to the modernization of the vital statistics process and
    establishing a fee.

         Read first time and placed on Ways and Means Calendar.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Flynn for the day on request of Senator Horn.



                     CONFIRMATION OF GOVERNORS APPOINTMENTS

                         (En Bloc Confirmation Calendar)

         In accordance with Senate Rule 59, Senator Horn called up the
    following eligible appointees listed on the En Bloc Confirmation
    Calendar:

         Linda Hopkins as a member of the Accountancy Examining Board.

         Dorothy A. Anderson and Rebecca S. Beach as members of the Board of
    Behavioral Science Examiners.
         Dr. Laine D. Dvorak and Joan L. Skogstrom as members of the Board
    of Physician Assistant Examiners.

         Donald R. Tietz as a member of the Board of Corrections.

         Jerry L. Meek and Michael A. Scheibeler as members of the
    Commission of Veterans Affairs.

         Paul R. Walther as a member of the Commission on the Status of
    Women.

         Scott M. Harrison and Susan R. Ryan as members of the Community
    Health Management Information System Governing Board.

         Margaret P. Guhin as a member of the Council on Human Services.

         Jon P. Finney as a member of the County Finance Committee.

         Frederick (Ted) M. Stilwill as Director of the Department of
    Education.

         Earl W. Seymour as a member of the Employment Appeal Board.

         Frederick (Ted) M. Stilwill as a member of the First in the Nation
    in Education Foundation Governing Board.

         Iris J. Post as Industrial Commissioner.

         Kay A. Hagen as a member of the Iowa Finance Authority.

         Emil S. Pavich as a member of the Iowa Railway Finance Authority.

         Liz S. Nichols as a member of the Iowa State Civil Rights
    Commission.

         Mary A. Nelson as a member and Richard H. Opie as a member and
    Chair of the Iowa Telecommunications and Technology Commission.

         Byron Orton as Labor Commissioner.

         Clark A. Yeager as a member of the School Budget Review Committee.
         Gregory A. Forristall as a member of the State Board of Education.

         Terri J. Gunderson as a member of the State Board of Examiners for
    Nursing Home Adminstrators.

         Aileen F. Mahood as a member of the State Board of Regents.

         John F. Bright and Zell L. Millard as members of the State Judicial
    Nominating Commission.

         Michael K. Guttau as Superintendent of Banking.

         Amy M. Britt, Berneil Preul and James A. Sattler as members of the
    Title Guaranty Division Board.

         Senator Horn moved that the foregoing appoointments be confirmed by
    the Senate.

         On the question Shall the appointees be confirmed? the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kibbie        Lind          Lundby
         Maddox        McKean        McLaren       Murphy
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Flynn         Kramer

         The appointees having received a two-thirds vote were declared to
    have been confirmed by the Senate.
                          MOTION TO RECONSIDER ADOPTED

         Senator Giannetto called up the motion to reconsider Senate File
    2153 filed by him on March 6, 1996, found on page 665 of the Senate
    Journal.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Kramer until she arrives on request of Senator Borlaug.



                                BUSINESS PENDING

    Senate File 2153

         The Senate resumed consideration of Senate File 2153.

         Senator Giannetto moved the adoption of the motion to reconsider.

         On the question Shall the motion to reconsider be adopted? (S.F.
    2153) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kibbie        Lind          Lundby
         Maddox        McKean        McLaren       Murphy
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Flynn         Kramer

         The motion prevailed.
         Senator Giannetto moved to reconsider the vote by which Senate File
    2153 went to its last reading, which motion prevailed by a voice vote.

    Senate File 2153

         On motion of Senator Giannetto, Senate File 2153, a bill for an act
    relating to Iowa law enforcement officer certification by the Iowa law
    enforcement academy, was taken up for reconsideration.

         Senator Giannetto offered amendment S-5432 filed by him on March
    20, 1996, to page 1 of the bill and moved its adoption.

         Amendment S-5432 was adopted by a voice vote.

         With the adoption of amendment S-5432, the Chair ruled amendment
    S-5215 filed by Senator Giannetto on March 6, 1996, to page 1 of the
    bill, out of order.

         Senator Giannetto 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. 2153) the vote was:

    Ayes, 46:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       Connolly
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Fraise        Freeman
         Giannetto     Gronstal      Halvorson     Hammond
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Judge         Kibbie
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Palmer
         Priebe        Redfern       Rensink       Rife
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack       Zieman

    Nays, 1:

         Gettings

    Absent or not voting, 3:

         Banks         Flynn         Kramer
         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

         Senator Horn asked and received unanimous consent that Senate File
    2153 be immediately messaged to the House.



                      HOUSE MESSAGE RECEIVED AND CONSIDERED

         The following message were received from the Chief Clerk of the
    House:

         MR. PRESIDENT: I am directed to inform your honorable body that the
    House has on March 21, 1996, adopted the following resolution in which
    the concurrence of the Senate is asked:

         House Concurrent Resolution 114, a concurrent resolution
    establishing a Childhood Recognition Day.

         This resolution was read first time and passed on file.



                             ADOPTION OF RESOLUTION

                               (Regular Calendar)

    Senate Concurrent Resolution 111

         On motion of Senator Boettger, Senate Concurrent Resolution 111, a
    concurrent resolution establishing a Childhood Recognition Day, with
    report of committee recommending passage, was taken up for
    consideration.

         Senator Boettger asked and received unanimous consent that House
    Concurrent Resolution 114 be substituted for Senate Concurrent
    Resolution 111.

    House Concurrent Resolution 114

         On motion of Senator Boettger, House Concurrent Resolution 114, a
    concurrent resolution establishing a Childhood Recognition Day, was
    taken up for consideration.

         Senator Boettger moved the adoption of House Concurrent Resolution
    114, which motion prevailed by a voice vote.
                              CONSIDERATION OF BILL

                               (Regular Calendar)

    Senate File 2364

         On motion of Senator Bisignano, Senate File 2364, a bill for an act
    requiring a child day care provider who has been found to have committed
    child abuse to register with the state and related provisions, making an
    appropriation, and providing penalties, was taken up for consideration.

         Senator Bisignano offered amendment S-5421 filed by him on March
    19, 1996, to pages 1-4 and 6 of the bill and moved its adoption.

         Amendment S-5421 was adopted by a voice vote.

         Senator Bisignano 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. 2364) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Husak         Iverson       Jensen        Judge
         Kibbie        Kramer        Lind          Lundby
         Maddox        McKean        McLaren       Murphy
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Flynn         Horn

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.
                               UNFINISHED BUSINESS

                            (Deferred March 20, 1996)

    Senate File 2355

         The Senate resumed consideration of Senate File 2355, a bill for an
    act relating to domestic abuse, including law enforcement training
    requirements, seizure of weapons, prosecution of misdemeanors by county
    attorneys, and jurisdiction of district associate judges, and amendment
    S-5425 by Senators Vilsack, et al., to page 1 of the bill, deferred
    March 20, 1996.

         Senator Borlaug offered amendment S-5439 filed by him on March 20,
    1996, to amendment S-5425 and moved its adoption.

         A record roll call was requested.

         On the question Shall amendment S-5439 to amendment S-5425 be
    adopted? (S.F. 2355) the vote was:

    Ayes, 21:


         Banks         Bartz         Bennett       Black
         Boettger      Borlaug       Douglas       Freeman
         Giannetto     Gronstal      Iverson       Jensen
         Lind          Lundby        McKean        McLaren
         Priebe        Rensink       Rife          Rittmer
         Zieman

    Nays, 28:

         Bisignano     Boswell       Connolly      Dearden
         Deluhery      Drake         Dvorsky       Fink
         Fraise        Gettings      Halvorson     Hammond
         Hansen        Hedge         Horn          Husak
         Judge         Kibbie        Kramer        Maddox
         Murphy        Neuhauser     Palmer        Redfern
         Sorensen      Szymoniak     Tinsman       Vilsack

    Absent or not voting, 1:

         Flynn

         Amendment S-5439 lost.
         Senator Priebe offered amendment S-5460 filed by Senators Priebe,
    Borlaug and Bartz on March 20, 1996, to amendment S-5425 and moved its
    adoption.

         Amendment S-5460 was adopted by a voice vote.

         Senator Vilsack moved the adoption of amendment S-5425 as amended,
    which motion prevailed by a voice vote.

         Senator Lind offered amendment S-5468 filed by Senators Lind and
    Szymoniak from the floor to page 2 of the bill and moved its adoption.

         Amendment S-5468 was adopted by a voice vote.

         Senator Szymoniak 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. 2355) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kibbie        Kramer        Lind
         Lundby        Maddox        McKean        McLaren
         Murphy        Neuhauser     Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Flynn         Palmer

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

         President pro tempore Bisignano took the chair at 9:55 a.m.
                              CONSIDERATION OF BILL

                               (Regular Calendar)

    Senate File 2344

         On motion of Senator Neuhauser, Senate File 2344, a bill for an act
    relating to child support enforcement, was taken up for consideration.

         Senator Gronstal offered amendment S-5289 filed by him on March 12,
    1996, to pages 1 and 2 of the bill and moved its adoption.

         Amendment S-5289 was adopted by a voice vote.

         Senator Lind withdrew amendment S-5210 filed by him on March 5,
    1996, to page 14 of the bill.

         Senator Neuhauser withdrew amendment S-5431 filed by her on March
    20, 1996, to page 14 and the title page of the bill.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator McLaren until he returns on request of Senator Hedge.



                                BUSINESS PENDING

    Senate File 2344

         The Senate resumed consideration of Senate File 2344.

         Senator Neuhauser 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. 2344) the vote was:

    Ayes, 48:


         Banks         Bartz         Bennett       Bisignano
         Black         Boettger      Borlaug       Boswell
         Connolly      Dearden       Deluhery      Douglas
         Drake         Dvorsky       Fink          Fraise
         Freeman       Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Hedge
         Horn          Husak         Iverson       Jensen
         Judge         Kibbie        Kramer        Lind
         Lundby        Maddox        McKean        Murphy
         Neuhauser     Palmer        Priebe        Redfern
         Rensink       Rife          Rittmer       Sorensen
         Szymoniak     Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 2:

         Flynn         McLaren

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.



                              CONSIDERATION OF BILL

                               (Regular Calendar)

    Senate File 2433

         On motion of Senator Dearden, Senate File 2433, a bill for  an act
    relating to workers compensation concerning medical services fee
    disputes, providing a stay of debt collection against an employer in
    workers compensation contested cases, and relating to disputes subject
    to settlement under workers compensation, was taken up for
    consideration.

         Senator Iverson offered amendment S-5453 filed by him on March 20,
    1996, to page 2 and the title page of the bill 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 21, nays 25.

         Amendment S-5453 lost.

         Senator Dearden 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. 2433) the vote was:
    Ayes, 47:


         Banks         Bartz         Bisignano     Black
         Boettger      Borlaug       Boswell       Connolly
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Fraise        Freeman
         Gettings      Giannetto     Gronstal      Halvorson
         Hammond       Hansen        Hedge         Horn
         Husak         Iverson       Jensen        Judge
         Kibbie        Kramer        Lind          Lundby
         Maddox        McKean        Murphy        Neuhauser
         Palmer        Priebe        Redfern       Rensink
         Rife          Rittmer       Sorensen      Szymoniak
         Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 3:

         Bennett       Flynn         McLaren

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

    Senate File 2399

         On motion of Senator Szymoniak, Senate File 2399, a bill for an act
    relating to the reporting and substantiation of harm to a child and the
    related duties of the department of human services and the child abuse
    information registry, was taken up for consideration.

         Senator Neuhauser asked and received unanimous consent that action
    on amendment S-5401 filed by her on March 19, 1996, to strike everything
    after the enacting clause and to the title page of the bill, be
    deferred.

         Senator Szymoniak offered amendment S-5462 filed by her on March
    20, 1996, to strike everything after the enacting clause and to the
    title page of the bill.

         President Boswell took the chair at 10:30 a.m.

         Senator Iverson asked unanimous consent that action  on amendment
    S-5462 and Senate File 2399 be deferred.

         Senator Iverson withdrew his request to defer.
         Senator Szymoniak moved the adoption of amendment S-5462, which
    motion prevailed by a voice vote.

         With the adoption of amendment S-5462, the Chair ruled the
    following amendments out of order.

         S-5325 filed by Senator Szymoniak on March 12, 1996, to page 2 of
    the bill.

         S-5350 filed by Senator Szymoniak on March 14, 1996, to pages 1,
    10, 11, 17, 18, 22, 26, 29 and 30 of the bill.

         S-5373 filed by Senator Szymoniak on March 18, 1996, to page 30 of
    the bill.

         S-5401 by Senator Neuhauser on March 19, 1996, to strike everything
    after the enacting clause and to the title page of the bill, previously
    deferred.

         S-5433 filed by Senator Giannetto on March 20, 1996, to amendment
    S-5401.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Boettger until she returns on request of Senator Bennett.



                                BUSINESS PENDING

    Senate File 2399

         The Senate resumed consideration of Senate File 2399.

         Senator Szymoniak 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. 2399) the vote was:

    Ayes, 47:


         Banks         Bartz         Bennett       Bisignano
         Black         Borlaug       Boswell       Connolly
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Fraise        Freeman
         Giannetto     Gronstal      Halvorson     Hammond
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Judge         Kibbie
         Kramer        Lind          Lundby        Maddox
         McKean        McLaren       Murphy        Neuhauser
         Palmer        Priebe        Redfern       Rensink
         Rife          Rittmer       Sorensen      Szymoniak
         Tinsman       Vilsack       Zieman

    Nays, none.

    Absent or not voting, 3:

         Boettger      Flynn         Gettings

         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 Horn asked and received unanimous consent that Senate Files
    2364, 2355, 2344, 2433 and 2399 and House Concurrent Resolution 114 be
    immediately messaged to the House.



                              CONSIDERATION OF BILL

                            (Appropriations Calendar)

    House File 2477

         On motion of Senator Kibbie, House File 2477, a bill for an act
    relating to the funding of, operation of, and appropriation of moneys to
    agencies, institutions, commissions, departments, and boards responsible
    for education and cultural programs of this state and making related
    statutory changes and providing effective date provisions, with report
    of committee recommending amendment and passage, was taken up for
    consideration.

         Senator Kibbie offered amendment S-5427 filed by the committee on
    Appropriations on March 20, 1996, to pages 1, 3-14, 17-20, 23-27, 30-32
    and 34-39 of the bill.

         The Senate stood at ease at 11:07 a.m. until the fall of the gavel
    for the purpose of a party caucus.
         The Senate resumed session at 11:47 a.m., President Boswell
    presiding.



                                BUSINESS PENDING

    House File 2477

         The Senate resumed consideration of House File 2477.

         Senator Judge offered amendment S-5451 filed by Senators Judge, et
    al., on March 20, 1996, to page 1 of amendment S-5427 and moved its
    adoption.

         Amendment S-5451 was adopted by a voice vote.

         Senator Priebe asked and received unanimous consent that action on
    amendment S-5457 filed by  Senators Priebe and Banks on March 20, 1996,
    to page 1 of amendment S-5427 be deferred.

         Senator Kibbie offered amendment S-5436 filed by him on March 20,
    1996, to pages 1, 3, 5 and 8 of amendment S-5427 and moved its adoption.

         Amendment S-5436 was adopted by a voice vote.

         Senator Vilsack offered amendment S-5471 filed by him from the
    floor to pages 2, 3 and 6 of amendment S-5427 and moved its adoption.

         Amendment S-5471 was adopted by a voice vote.

         Senator Kibbie offered amendment S-5469 filed by him from the floor
    to pages 4 and 5 of amendment S-5427 and moved its adoption.

         Amendment S-5469 was adopted by a voice vote.

         Action on amendment S-5427 was temporarily deferred.

         Senator Bartz asked and received unanimous consent to withdraw
    amendment S-5394 filed by Senators Bartz, Rensink and Kibbie on March
    19, 1996, to page 6 of the bill.

         Senator Horn asked and received unanimous consent that action  on
    House File 2477 be deferred.
                     HOUSE MESSAGES RECEIVED AND CONSIDERED

         The following messages were received from the Chief Clerk of the
    House:

         MR. PRESIDENT: I am directed to inform your honorable body that the
    House has on March 21, 1996, passed the following bill in which the
    concurrence of the House was asked:

         Senate File 2408, a bill for  an act relating to disclosure
    requirements under the federal Community Reinvestment Act with respect
    to the eligibility of a financial institution to receive state public
    funds.

         ALSO: That the House has on March 21, 1996, passed the following
    resolution in which the concurrence of the Senate is asked:

         House Concurrent Resolution 119, a concurrent resolution expressing
    the sympathy of the Iowa General Assembly to the family of Captain John
    R. Pitzen, United States Navy.

         This resolution was read first time and passed on file.

         ALSO: That the House has on March 21, 1996, passed the following
    bills in which the concurrence of the Senate is asked:

         House File 414, a bill for  an act eliminating the restitution
    limit for the offense of operating a motor vehicle while intoxicated.

         This bill was read first time and passed on file.

         House File 2309, a bill for  an act relating to publications
    referenced in administrative rules and providing an effective date.

         This bill was read first time and passed on file.

         House File 2412, a bill for  an act relating to workers
    compensation claims against the second injury fund and permanent partial
    disability compensation, authorizing the treasurer of state to impose a
    surcharge, and providing an effective date.

         This bill was read first time and assigned to committee on Business
    and Labor.
                           INTRODUCTION OF RESOLUTION

         Senate Resolution 107, by committee on Local Government, a senate
    resolution requesting the House of Representatives to override the
    Governors item veto of certain provisions of House File 2114.

         Read first time and placed on calendar.



                                     RECESS

         On motion of Senator Horn, the Senate recessed at 12:02 p.m., until
    2:45 p.m.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    APPROPRIATIONS

    Convened: March 20, 1996, 6:45 p.m.

    Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
    Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky,
    Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge,
    Kibbie, Kramer, McLaren, Neuhauser and Vilsack.

    Members Absent: Rensink and Tinsman (both excused).

    Committee Business: Recommended passage of House Files 2472 and 2416 as
    amended.

    Adjourned: 8:05 p.m.



    COMMERCE

    Convened: March 20, 1996, 1:39 p.m.

    Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
    Member; Bartz, Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal,
    Hedge, Husak, Priebe and Redfern.

    Members Absent: Palmer.

    Committee Business: Assigned bills to subcommittees; recommended passage
    of House Files 2366, 2397 and 2127; recommended passage of House File
    2413 as amended.

    Adjourned: 2:07 p.m.



    LOCAL GOVERNMENT

    Convened: March 20, 1996, 1:37 p.m.

    Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
    Member; Black, Fraise, Halvorson, Judge, McKean and Rittmer.

    Members Absent: Zieman (excused).
    Committee Business: Assigned bills to subcommittees; recommended passage
    of House Files 2297 and 2426; amended and approved SSB 2346 as a
    committee resolution.

    Adjourned: 2:05 p.m.



    RULES AND ADMINISTRATION

    Convened: March 20, 1996, 2:25 p.m.

    Members Present: Horn, Chair; Boswell, Vice Chair; Rife, Ranking Member;
    Bisignano, Gettings, Gronstal, Husak, Kramer and Lind.

    Members Absent: none.

    Committee Business: Approved assignment of governors appointees to
    standing committees; recommended passage of Senate Concurrent Resolution
    112; recommended passage of House  Concurrent Resolution 111 as amended;
    approved merit step increase for employee.

    Adjourned: 2:40 p.m.



    WAYS AND MEANS

    Convened: March 20, 1996, 11:25 a.m.

    Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
    Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
    Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.

    Members Absent: none.

    Committee Business: Approved Senate File 2166 as a committee bill;
    deferred action on Senate File 2424; recommended passage of Senate File
    2357 as amended; recommended passage of Senate File 2077; reconsidered,
    amended and approved Senate File 2304 as a committee bill.

    Adjourned: 11:40 a.m.



                      REPORT OF THE SECRETARY OF THE SENATE

         MR. PRESIDENT: Pursuant to Senate Rule 21, I report that in
    engrossing Senate File 2364, the following correction was made:

         1. Page 3, line 7, the word and punctuation person, was changed to
    the word and punctuation person..
         2. Page 3, line 26, the letter d. was changed to the number 4..

    JOHN F. DWYER Secretary of the Senate

                           BILL SIGNED BY THE GOVERNOR

         A communication was received announcing that on March 20, 1996, the
    Governor approved and transmitted to the Secretary of State the
    following bill:

         SENATE FILE 2083 - Relating to minimum instructional time
    requirements for a school week.



                           CERTIFICATES OF RECOGNITION

         The secretary of the senate issued certificates of recognition as
    follows on request of Senator Bartz on March 21, 1996:

         Steve Locher, Mason City - For receiving the Student
    Athlete/Achievers Scholarship.

         Mason City Team, Fans and Cheerleaders - For receiving the
    Sportsmanship Award.

         Dean Oliver, Mason City - For being Co-captain of the
    All-Tournament Team.

         Brant Harriman, Mason City - For being chosen to the All-Tournament
    Team.

         Coaches of the Mason City Mohawks - For coaching the Boys 4-A state
    basketball champions.

         Managers of the Mason City Mohawks - For managing the Boys 4-A
    state basketball champions.

         Mason City Mohawks, Mason City - For winning the Boys 4-A state
    basketball championship.

         The secretary of the senate issued certificates of recognition as
    follows on request of Senator Boettger:

         Dean Kroll, Avoca - For attaining the rank of Eagle Scout.
    (3-21-96).

         Jerod Stamp, Avoca - For attaining the rank of Eagle Scout.
    (3-24-96).

         Nick Rold, Kimballton - For attaining the rank of Eagle Scout.
    (3-21-96).
                                COMMITTEE REPORTS

    BUSINESS AND LABOR

    Final Bill Action: HOUSE FILE 308, a bill for an act relating to the
    election of workers compensation coverage by a limited liability company
    member.

    Recommendation: DO PASS.

    Final Vote: Ayes, 8: Dearden, Gettings, Freeman, Connolly, Giannetto,
    Hammond, Iverson and Maddox. Nays, none.
    Absent or not voting, 2: Banks and Dvorsky.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2412, a bill for an act relating to
    workers compensation claims against the second injury fund and permanent
    partial disability compensation, authorizing the commissioner of
    insruance to impose a surcharge, and providing an effective date.

    Recommendation: DO PASS.

    Final Vote: Ayes, 8: Dearden, Gettings, Freeman, Connolly, Giannetto,
    Hammond, Iverson and Maddox. Nays, none.
    Absent or not voting, 2: Banks and Dvorsky.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    EDUCATION

    Final Bill Action: HOUSE FILE 455, a bill for an act relating to the
    filing of complaints with the board of educational examiners.

    Recommendation: DO PASS.

    Final Vote: Ayes, 11:  Connolly, Kibbie, Redfern, Deluhery, Dvorsky,
    Fink, Iverson, Lind, Neuhauser, Rensink and Szymoniak. Nays, none.
    Absent or not voting, 4:  Hammond, Kramer, Murphy and Tinsman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    LOCAL GOVERNMENT

    Final Bill Action: *SENATE RESOLUTION 107 (SSB 2346), a senate
    resolution requesting the House of Representatives to override the
    governors item veto of certain provisions of House File 2114.
    Recommendation: APPROVED COMMITTEE RESOLUTION.

    Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    Judge, McKean and Rittmer. Nays, none. Absent or not voting, 1: Zieman.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

         *Pursuant to Senate Rule 40, the Legislative Service Bureau
    reported nonsubstantive changes to the members of the Local Government
    Committee on Senate Resolution 107 and they were attached to the
    committee report.



    WAYS AND MEANS

    Final Bill Action: *SENATE FILE 2452 (formerly Senate File 2304), a bill
    for an act relating to the modernization of the vital statistics process
    and establishing a fee.

    Recommendation: APPROVED COMMITTEE BILL.

    Final Vote: Ayes, 15: Palmer, Husak, Bennett, Connolly, Deluhery, Drake,
    Freeman, Hedge, Iverson, McLaren, Murphy, Neuhauser, Priebe, Szymoniak
    and Vilsack. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

         *Pursuant to Senate Rule 40, the Legislative Service Bureau
    reported nonsubstantive changes to the members of the Ways and Means
    Committee on Senate File 2452 and they were attached to the committee
    report.



                                AMENDMENTS FILED


         S-5466        S.F.          2221          Bill Fink
                                                   Michael E. Gronstal
                                                   Mary Lundby
                                                   Mary Lou Freeman
         S-5467        S.F.          2424          Elaine Szymoniak
         S-5468        S.F.          2355          Jim Lind
                                                   Elaine Szymoniak
         S-5469        H.F.          2477          John P. Kibbie
         S-5470        H.F.          2416          Mary Lundby
                                                   Merlin E. Bartz
         S-5471        H.F.          2477          Tom Vilsack
         S-5472        H.F.          2472          Brad Banks
         S-5473        S.F.          2210          Randal J. Giannetto
         S-5474        H.F.          2477          Tom Vilsack
         S-5475        H.F.          2477          Mary Lou Freeman
                                                   Wilmer Rensink
         S-5476        H.F.          2477          Mary Kramer
         S-5477        H.F.          2472          Michael E. Gronstal
         S-5478        S.F.          2035          House amendment
         S-5479        S.F.          2260          House amendment
         S-5480        S.F.          2287          House amendment
         S-5481        S.F.          2370          Michael E. Gronstal
                                AFTERNOON SESSION

         The Senate reconvened at 3:11 p.m., President Boswell presiding.



                     HOUSE MESSAGES RECEIVED AND CONSIDERED

         The following messages were received from the Chief Clerk of the
    House:

         MR. PRESIDENT: I am directed to inform your honorable body that the
    House has on March 21, 1996, passed the following bills in which the
    concurrence of the House was asked:

         Senate File 2259, a bill for  an act relating to issuance of a
    certificate of title for a documented vessel.

         Senate File 2278, a bill for  an act repealing the prohibition on
    political activity by a member, officer, or employee of the natural
    resource commission.

         Senate File 2405, a bill for  an act relating to the duties of the
    clerk of court concerning court records.

         ALSO: That the House has on March 21, 1996, amended and passed the
    following bills in which the concurrence of the Senate is asked:

         Senate File 2035, a bill for  an act relating to the control and
    eradication of ecologically harmful exotic species and Eurasian milfoil
    and establishing a penalty,(S-5478).

         Senate File 2260, a bill for  an act relating to soil and water
    conservation, by providing for the powers and duties of commissioners of
    soil and water conservation districts, and soil and water conservation
    practices (S-5479).

         Senate File 2287, a bill for  an act relating to the limitations on
    the use of toxic materials in packaging and providing additional
    exemptions (S-5480).

         ALSO: That the House has on March 21, 1996, passed the following
    bill in which the concurrence of the Senate is asked:

         House File 2369, a bill for  an act relating to the postdelivery
    care requirements for mothers and newborns and providing for an
    exception of follow-up care outside of the hospital setting.
         This bill was read first time and passed on file.



                                BUSINESS PENDING

    House File 2477

         The Senate resumed consideration of House File 2477, a bill for an
    act relating to the funding of, operation of, and appropriation of
    moneys to agencies, institutions, commissions, departments, and boards
    responsible for education and cultural programs of this state and making
    related statutory changes and providing effective date provisions, and
    amendments S-5427 by the committee on Appropriations and S-5457 by
    Senators Priebe and Banks to amendment S-5427, previously deferred.

         Senator Priebe moved the adoption of amendment S-5457 to amendment
    S-5427, which motion prevailed by a voice vote.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Kramer for the remainder of the week on request of Senator
    Rife.



                                BUSINESS PENDING

    House File 2477

         The Senate resumed consideration of House File 2477.

         Senator Maddox offered amendment S-5483 filed by him from the floor
    to page 2, 4, 5 and 7 of amendment S-5427.

         Senator Kibbie called for a division of amendment S-5483 to
    amendment S-5427:  lines 21-45 as division S-5483A and lines 4-20 as
    division S-5483B.

         Senator Kibbie raised the point of order that division S-5483A to
    amendment S-5427 was not germane.

         Senator Maddox withdrew amendment S-5483.

         The Chair ruled amendment S-5475 filed by Senators Freeman and
    Rensink from the floor to page 5 of amendment S-5427, out of order.
         Senator Iverson offered amendment S-5476 filed by Senator Kramer
    from the floor to pages 6 and 7 of amendment S-5427.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Jensen until he returns on request of Senator Borlaug.



                                BUSINESS PENDING

    House File 2477

         The Senate resumed consideration of House File 2477.

         Senator Iverson moved the adoption of amendment S-5476 to amendment
    S-5427.

         A record roll call was requested.

         On the question Shall amendment S-5476 to amendment S-5427 be
    adopted? (H.F. 2477) the vote was:

         Rule 23, requiring all Senators present to vote except those who
    express a conflict of interest, was invoked.

    Ayes, 19:


         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Freeman
         Hedge         Iverson       Lind          Maddox
         McKean        McLaren       Redfern       Rife
         Rittmer       Tinsman       Zieman

    Nays, 27:

         Black         Boswell       Connolly      Dearden
         Deluhery      Dvorsky       Fink          Fraise
         Gettings      Giannetto     Gronstal      Halvorson
         Hammond       Hansen        Horn          Husak
         Judge         Kibbie        Lundby        Murphy
         Neuhauser     Palmer        Priebe        Rensink
         Sorensen      Szymoniak     Vilsack

    Absent or not voting, 4:

         Bisignano     Flynn         Jensen        Kramer
         Amendment S-5476 lost.

         Senator Vilsack offered amendment S-5474 filed by him from the
    floor to page 7 of amendment S-5427 and moved its adoption.

         Amendment S-5474 was adopted by a voice vote.

         Senator Kibbie moved the adoption of amendment S-5427 as amended,
    which motion prevailed by a voice vote.

         Senator Fraise withdrew amendment S-5363 filed by him on March 18,
    1996, to page 37 of the bill.

         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? (H.F. 2477) the vote was:

    Ayes, 41:


         Bartz         Bennett       Bisignano     Black
         Boettger      Borlaug       Boswell       Connolly
         Dearden       Deluhery      Drake         Dvorsky
         Fink          Fraise        Freeman       Gettings
         Giannetto     Gronstal      Halvorson     Hammond
         Hansen        Hedge         Horn          Husak
         Jensen        Judge         Kibbie        Lundby
         Maddox        McKean        Murphy        Neuhauser
         Palmer        Priebe        Redfern       Rensink
         Rittmer       Sorensen      Szymoniak     Tinsman
         Vilsack

    Nays, 7:

         Banks         Douglas       Iverson       Lind
         McLaren       Rife          Zieman

    Absent or not voting, 2:

         Flynn         Kramer

         The bill having received a constitutional majority was declared to
    have passed the Senate and the title was agreed to.

         Senator Horn asked and received unanimous consent that House File
    2477 be immediately messaged to the House.
                           CONSIDERATION OF RESOLUTION

                               (Regular Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration Senate Resolution 107.

    Senate Resolution 107

         On motion of Senator Sorensen, Senate Resolution 107, a senate
    resolution requesting the House of Representatives to override the
    Governors item veto of certain provisions of House File 2114, was taken
    up for consideration.

         (Action on Senate Resolution 107 was deferred.)



                           BILL ASSIGNED TO COMMITTEE

         President Boswell announced that House File 2369 was assigned to
    the committee on Commerce.

         The Senate stood at ease at 3:52 p.m. until the fall of the gavel
    for the purpose of a party caucus.

         The Senate resumed session at 4:20 p.m., President Boswell
    presiding.



                                BUSINESS PENDING

    Senate Resolution 107

         The Senate resumed consideration of Senate Resolution 107,
    previously deferred.

         Senator Lind asked and received unanimous consent that action  on
    Senate Resolution 107 be deferred.



                          MOTION TO RECONSIDER ADOPTED

         Senator Lind called up the motion to reconsider Senate File 2104
    filed by him on March 4, 1996, found on page 599 of the Senate Journal
    and moved its adoption.

         On the question Shall the motion to reconsider be adopted? (S.F.
    2104) the vote was:
    Ayes, 45:


         Banks         Bartz         Bennett       Black
         Boettger      Borlaug       Boswell       Connolly
         Dearden       Deluhery      Douglas       Drake
         Dvorsky       Fink          Fraise        Freeman
         Gettings      Gronstal      Halvorson     Hammond
         Hansen        Hedge         Horn          Husak
         Iverson       Jensen        Judge         Kibbie
         Lind          Lundby        Maddox        McKean
         McLaren       Murphy        Neuhauser     Priebe
         Redfern       Rensink       Rife          Rittmer
         Sorensen      Szymoniak     Tinsman       Vilsack
         Zieman

    Nays, 1:

         Bisignano

    Absent or not voting, 4:

         Flynn         Giannetto     Kramer        Palmer

         The motion prevailed.

         Senator Lind moved to reconsider the vote by which Senate File 2104
    went to its last reading, which motion prevailed by a voice vote.

    Senate File 2104

         On motion of Senator Halvorson, Senate File 2104, a bill for an act
    relating to state employee disclosures of information and making
    penalties applicable, was taken up for reconsideration.

         Senator Horn asked and received unanimous consent that action  on
    Senate File 2104 be deferred.



                              CONSIDERATION OF BILL

                            (Appropriations Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration House File 2472.
    House File 2472

         On motion of Senator Fraise, House File 2472, a bill for an act
    relating to and making appropriations to the justice system and
    providing effective dates, with report of committee recommending
    amendment and passage, was taken up for consideration.

         Senator Fraise offered amendment S-5465 filed by the committee on
    Appropriations on March 20, 1996, to pages 1-7, 10-14, 16, 18, 20,
    22-28, 30, 31 and the title page of the bill.

         (Action on House File 2472 was deferred.)

         The Senate stood at ease at 4:40 p.m. until the fall of the gavel
    for the purpose of a party caucus.

         The Senate resumed session at 5:15 p.m., President Boswell
    presiding.



                                BUSINESS PENDING

    House File 2472

         The Senate resumed consideration of House File 2472.

         Senator Banks asked and received unanimous consent that action on
    amendment S-5491 filed by him from the floor to pages 1 and 7-17 of
    amendment S-5465 be deferred.

         Senator Iverson withdrew amendment S-5493 filed by him from the
    floor to pages 1-6 of amendment S-5465.

         Senator Iverson withdrew amendment S-5485 filed by him from the
    floor to pages 1-6 of amendment S-5465.

         Senator Hammond withdrew amendment S-5499 filed by her from the
    floor to page 4 of amendment S-5465.

         Senator Iverson offered amendment S-5492 filed by him from the
    floor to pages 5 and 6 of amendment S-5465, moved its adoption and
    requested a record roll call.

         On the question Shall amendment S-5492 to amendment S-5465 be
    adopted? (H.F. 2472) the vote was:
    Ayes, 22:


         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Freeman
         Hedge         Iverson       Jensen        Lind
         Lundby        Maddox        McKean        McLaren
         Redfern       Rensink       Rife          Rittmer
         Tinsman       Zieman

    Nays, 26:

         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Fraise        Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Horn
         Husak         Judge         Kibbie        Murphy
         Neuhauser     Palmer        Priebe        Sorensen
         Szymoniak     Vilsack

    Absent or not voting, 2:

         Flynn         Kramer

         Amendment S-5492 lost.

         Senator Szymoniak offered amendment S-5495 filed by her from the
    floor to page 17 of amendment S-5465 and moved its adoption.

         Amendment S-5495 was adopted by a voice vote.

         The Chair ruled amendment S-5491 by Senator Banks to pages 1-17 of
    amendment S-5465, previously deferred, out of order.

         Action on amendment S-5465 as amended was deferred.

         Senator Iverson offered amendment S-5484 filed by him from the
    floor to pages 26 and 27 of the bill, moved its adoption and requested a
    record roll call.

         On the question Shall amendment S-5484 be adopted? (S.F. 2472) the
    vote was:

    Ayes, 22:


         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Freeman
         Hedge         Iverson       Jensen        Lind
         Lundby        Maddox        McKean        McLaren
         Redfern       Rensink       Rife          Rittmer
         Tinsman       Zieman

    Nays, 26:

         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Fraise        Gettings      Giannetto     Gronstal
         Halvorson     Hammond       Hansen        Horn
         Husak         Judge         Kibbie        Murphy
         Neuhauser     Palmer        Priebe        Sorensen
         Szymoniak     Vilsack

    Absent or not voting, 2:

         Flynn         Kramer

         Amendment S-5484 lost.

         Senator Banks offered amendment S-5472 filed by him from the floor
    to page 27 of the bill.

         Senator Vilsack raised the point of order that amendment S-5472 was
    not germane to the bill.

         The Chair ruled the point well taken and amendment S-5472 out of
    order.

         Senator Fraise offered amendment S-5498 filed by Senators Fraise,
    et al., from the floor to pages 28 and 29 of the bill and moved its
    adoption.

         Amendment S-5498 was adopted by a voice vote.

         Senator Gronstal offered amendment S-5477 filed by him from the
    floor to page 28 of the bill and moved its adoption.

         Amendment S-5477 was adopted by a voice vote.

         Senator Deluhery offered amendment S-5486 filed by Senators
    Deluhery, et al., from the floor to page 29 of the bill and moved its
    adoption.

         Amendment S-5486 was adopted by a voice vote.

         Senator McKean offered amendment S-5500 filed by Senators McKean,
    Hammond and Lundby from the floor to page 30 of the bill, moved its
    adoption and requested a record roll call.
         On the question Shall amendment S-5500 be adopted? (H.F. 2472) the
    vote was:

         Rule 23, requiring all Senators present to vote except those who
    express a conflict of interest, was invoked.

    Ayes, 22:


         Banks         Bennett       Boettger      Borlaug
         Connolly      Douglas       Drake         Freeman
         Hedge         Iverson       Jensen        Lind
         Lundby        Maddox        McKean        McLaren
         Redfern       Rensink       Rife          Rittmer
         Szymoniak     Zieman

    Nays, 24:

         Bartz         Bisignano     Black         Boswell
         Dearden       Deluhery      Dvorsky       Fink
         Fraise        Gettings      Giannetto     Gronstal
         Halvorson     Hansen        Horn          Husak
         Judge         Kibbie        Murphy        Neuhauser
         Palmer        Priebe        Sorensen      Vilsack

    Absent or not voting, 4:

         Flynn         Hammond       Kramer        Tinsman

         Amendment S-5500 lost.



                                LEAVE OF ABSENCE

         Leave of absence was granted as follows:

         Senator Tinsman for the remainder of the evening on request of
    Senator Iverson.



                                BUSINESS PENDING

    House File 2472

         The Senate resumed consideration of House File 2472.

         The Senate resumed consideration of amendment S-5465 by the
    committee on Appropriations, previously deferred.

         Senator Lundby offered amendment S-5503 filed by her from the floor
    to page 2 of amendment S-5465 and moved its adoption.
         A record roll call was requested.

         On the question Shall amendment S-5503 to amendment S-5465 be
    adopted? (H.F. 2472) the vote was:

    Ayes, 20:


         Bartz         Bennett       Boettger      Borlaug
         Douglas       Drake         Freeman       Hedge
         Iverson       Jensen        Lind          Lundby
         Maddox        McKean        McLaren       Redfern
         Rensink       Rife          Rittmer       Zieman

    Nays, 25:

         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Fraise        Gettings      Giannetto     Gronstal
         Halvorson     Hansen        Horn          Husak
         Judge         Kibbie        Murphy        Neuhauser
         Palmer        Priebe        Sorensen      Szymoniak
         Vilsack

    Absent or not voting, 5:

         Banks         Flynn         Hammond       Kramer
         Tinsman

         Amendment S-5503 lost.

         Senator Fraise moved the adoption of amendment S-5465 as amended,
    which motion prevailed by a voice vote.

         Senator Iverson offered amendment S-5505 filed by Senators Tinsman
    and Iverson from the floor to page 4 of the bill and moved its adoption.

         Amendment S-5505 lost by a voice vote.

         Senator Fraise 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. 2472) the vote was:

         Rule 23, requiring all Senators present to vote except those who
    express a conflict of interest, was invoked.
    Ayes, 24:


         Bisignano     Black         Boswell       Connolly
         Dearden       Deluhery      Dvorsky       Fink
         Fraise        Gettings      Giannetto     Gronstal
         Halvorson     Hansen        Horn          Husak
         Judge         Kibbie        Neuhauser     Palmer
         Priebe        Sorensen      Szymoniak     Vilsack

    Nays, 22:

         Banks         Bartz         Bennett       Boettger
         Borlaug       Douglas       Drake         Freeman
         Hedge         Iverson       Jensen        Lind
         Lundby        Maddox        McKean        McLaren
         Murphy        Redfern       Rensink       Rife
         Rittmer       Zieman

    Absent or not voting, 4:

         Flynn         Hammond       Kramer        Tinsman

         The bill not having received a constitutional majority was declared
    to have failed to pass the Senate.



                              CONSIDERATION OF BILL

                            (Appropriations Calendar)

         Senator Horn asked and received unanimous consent to take up for
    consideration House File 2416.

    House File 2416

         On motion of Senator Judge, House File 2416, 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, with report of committee
    recommending amendment and passage, was taken up for consideration.

         Senator Judge offered amendment S-5464 filed by the committee on
    Appropriations from the floor to strike everything after the enacting
    clause of the bill.

         Senator Judge asked and received unanimous consent that action  on
    amendment S-5464 and House File 2416 be deferred.
         The Senate stood at ease at 7:08 p.m. until the fall of the gavel
    for the purpose of committee meetings.



                            SUBCOMMITTEE ASSIGNMENTS

                        Senate Concurrent Resolution 116

    AGRICULTURE: Priebe, Chair; Judge and Zieman

                                 House File 455

    EDUCATION: Dvorsky, Chair; Fink and Rensink

                                 House File 2191

    HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman

                                 House File 2212

    STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen

                                 House File 2271

    EDUCATION: Neuhauser, Chair; Hammond and Rensink

                                 House File 2369

    COMMERCE: Gronstal, Chair; Freeman and Husak

                                 House File 2401

    NATURAL RES., ENVIRON & ENERGY: Dearden, Chair; Freeman and Sorensen

                                 House File 2412

    BUSINESS AND LABOR: Gettings, Chair; Banks and Dearden

                                 House File 2427

    LOCAL GOVERNMENT: Sorensen, Chair; Fraise and McKean

                                 House File 2435

    HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman

                                 House File 2452

    JUDICIARY: Fraise, Chair; Drake, Giannetto, Maddox and Vilsack
                            PRESENTATION OF VISITORS

         The Chair welcomed the following visitors who were present in the
    Senate gallery:

         Forty-six eleventh grade students from North High School, Sioux
    City, accompanied by Kathy Lucas, Larry Twait, Ms. Smith and Mr.
    Fentress. Senator Hansen.



                   BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

         The Secretary of the Senate submitted the following report:

         MR. 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 21st day of March, 1996:

         Senate File 376.

    JOHN F. DWYER Secretary of the Senate

                           BILLS ASSIGNED TO COMMITTEE

         President Boswell announced the assignment of the following bills
    to committee:


         H.F.          414           Judiciary
         H.F.          2309          State Government



                                COMMITTEE REPORTS

    AGRICULTURE

    Final Bill Action: SENATE CONCURRENT RESOLUTION 116, a senate concurrent
    resolution to urge the federal government to restgore requirements for
    the reporting of information regarding cattle fed in Iowa feedlots.

    Recommendation: DO PASS.

    Final Vote: Ayes, 15: Priebe, Judge, Banks, Black, Boswell, Douglas,
    Fraise, Giannetto, Hedge, Husak, Lundby, McLaren, Palmer, Sorensen and
    Zieman. Nays, none.
    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    COMMERCE

    Final Bill Action: HOUSE FILE 2369, a bill for an act relating to the
    postdelivery care requirements for mothers and newborns and providing
    for an exception of follow-up care outside of the hospital setting.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5496.

    Final Vote: Ayes, 13: Deluhery, Hansen, Jensen, Bartz, Douglas, Freeman,
    Gettings, Gronstal, Hedge, Husak, Palmer, Priebe and Redfern. Nays,
    none. Absent or not voting, 2: Bisignano and Flynn.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    JUDICIARY

    Final Bill Action: HOUSE FILE 2081, a bill for an act relating to
    legalizing official acts performed by notaries public more than ten
    years earlier.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Fraise, Halvorson, Hansen, Maddox, Neuhauser and Redfern.
    Nays, none. Absent or not voting, 3: Drake, Hammond and Szymoniak.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2316, a bill for an act relating to sex
    offenses, including enticing away a child and sentences for persons
    convicted of sexually predatory offenses.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5502.

    Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Bisignano,
    Boettger, Drake, Fraise, Halvorson, Hansen, Maddox, Neuhauser, Redfern
    and Szymoniak. Nays, none. Absent or not voting, 1: Hammond.

    Fiscal Note: REQUIRED UNDER JOINT RULE 17.
    LOCAL GOVERNMENT

    Final Bill Action: HOUSE FILE 2427, a bill for an act relating to mental
    health, mental retardation, developmental disabilities, and other
    services paid for in whole or in part by counties or the state, and
    including an applicability provision and an effective date.

    Recommendation: DO PASS.

    Final Vote: Ayes, 9: Sorensen, Fink, Maddox, Black, Fraise, Halvorson,
    Judge, Rittmer and Zieman. Nays, none. Absent or not voting, 1: McKean.

    Fiscal Note: REQUIRED UNDER JOINT RULE 17.



    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

    Final Bill Action: HOUSE FILE 2306, a bill for an act relating to the
    regulation of motorboats on certain artificial lakes, and providing an
    effective date.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5497.

    Final Vote: Ayes, 11: Fink, Black, Banks, Borlaug, Dearden, Freeman,
    Gronstal, Hedge, Judge, Kibbie and Sorensen. Nays, 4: Lundby, Deluhery,
    Priebe and Rensink.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2433,  a bill for  an act relating to the
    management of waste tires by providing for the establishment of a waste
    tire management fund, allocation of moneys to facilitate elimination of
    waste tires and the establishment of future markets for waste tires,
    providing for the redirection of the existing fee on certificates of
    title of motor vehicles, and providing a repeal.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5494.

    Final Vote: Ayes, 15: Fink, Black, Lundby, Banks, Borlaug, Dearden,
    Deluhery, Freeman, Gronstal, Hedge, Judge, Kibbie, Priebe, Rensink and
    Sorensen. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    STATE GOVERNMENT

    Final Bill Action: SENATE FILE 2153, a bill for an act relating to the
    reinstatement to active service of members of the statewide fire and
    police retirement system and the public safety peace officers statewide
    fire and police retirement system and the public safety peace officers
    retirement, accident, and disability system upon denial of disability
    benefits.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
    Connolly, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
    Sorensen. Nays, none. Absent or not voting, 1: Dearden.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2201, a bill for an act relating to
    defining the practice of dentistry.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
    Connolly, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
    Sorensen. Nays, none. Absent or not voting, 1: Dearden.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2202, a bill for an act relating to
    permissible acts related to real estate sales, exchanges, purchases,
    rentals, leases, or advertising by licensees and nonlicensees.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
    Connolly, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
    Sorensen. Nays, none. Absent or not voting, 1: Dearden.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2318, a bill for an act relating to the
    licensure and practice of land surveying, to the unlawful practice of
    land surveying, architecture, and professional engineering, and
    establishing a civil penalty.

    Recommendation: DO PASS.

    Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
    Connolly, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
    Sorensen. Nays, none. Absent or not voting, 1: Dearden.
    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2407, a bill for an act relating to legal
    publications and related products prepared and distributed under the
    authority of the general assembly.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5490.

    Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano,
    Connolly, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and
    Sorensen. Nays, none. Absent or not voting, 1: Dearden.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2449, a bill for an act setting campaign
    contribution limits by persons and political committees, addressing
    independent expenditures on behalf of candidates, employee and member
    contributions, making penalties applicable, and providing an effective
    date.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5489.

    Final Vote: Ayes, 10: Gronstal, Kibbie, Bisignano, Connolly, Fink,
    Giannetto, Halvorson, Lind, Lundby and Sorensen. Nays, 4: Rittmer,
    Bennett, Drake and McLaren. Absent or not voting, 1: Dearden.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



    TRANSPORTATION

    Final Bill Action: HOUSE FILE 2113, a bill for an act providing for a
    permanent registration plate for motor trucks and truck tractors
    licensed pursuant to multistate registration.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:
    Final Bill Action: HOUSE FILE 2207, a bill for an act relating to the
    state transportation commissions planning process and federal funding.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2350, a bill for an act relating to motor
    vehicle dimensional and weight requirements and certificates of title
    for commercial vehicles.

    Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5482.

    Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2436, a bill for an act providing that a
    court order the revocation or suspension of a drivers license at the
    time of conviction for certain drug-related offenses, and providing an
    effective date.

    Recommendation: DO PASS.

    Final Vote: Ayes, 11: Gettings, Fraise, Drake, Connolly, Dearden,
    Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, 1: Black.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

    ALSO:

    Final Bill Action: HOUSE FILE 2462, a bill for an act relating to public
    access to motor vehicle records and providing a conditional repeal and
    an effective date.

    Recommendation: DO PASS.

    Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
    Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
         The Senate resumed session at 7:54 p.m., President Boswell
    presiding.



                                BUSINESS PENDING

    House File 2416

         The Senate resumed consideration of House File 2416, 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 and amendment S-5464 by
    committee on Appropriations, previously deferred.

         Senator Judge offered amendment S-5510 filed by her from the floor
    to page 21 of amendment S-5464 and moved its adoption.

         Amendment S-5510 was adopted by a voice vote.

         Senator Judge asked and received unanimous consent that action  on
    amendment S-5464 as amended and House File 2416 be deferred.



                           BILL REFERRED TO COMMITTEE

         Senator Horn asked and received unanimous consent that Senate File
    2330 be referred from the Regular Calendar to the committee on Business
    and Labor.



                  BILLS PLACED ON UNFINISHED BUSINESS CALENDAR

         Senator Horn asked and received unanimous consent that the
    following bills be removed from the Regular Calendar and placed on the
    Unfinished Business Calendar:

         Senate Files 2173, 2253, 2258, 2370, 2450, 2451 and Senate
    Concurrent Resolution 112.
                                    APPENDIX



                              MOTIONS TO RECONSIDER

         MR. PRESIDENT: I move to reconsider the vote by which House File
    2472 failed to pass the Senate on March 21, 1996.

                                                                MERLIN BARTZ

         MR. PRESIDENT: I move to reconsider the vote by which House File
    2472 failed to pass the Senate on March 21, 1996.

                                                                LARRY MURPHY

         MR. PRESIDENT: I move to reconsider the vote by which House File
    2472 failed to pass the Senate on March 21, 1996.

                                                              DONALD REDFERN



                                AMENDMENTS FILED


         S-5482        H.F.          2350          Transportation
         S-5483        H.F.          2477          O. Gene Maddox
         S-5484        H.F.          2472          Stewart Iverson, Jr.
         S-5485        H.F.          2472          Stewart Iverson, Jr.
         S-5486        H.F.          2472          Patrick J. Deluhery
                                                   Maggie Tinsman
                                                   Johnie Hammond
                                                   Randal J. Giannetto
                                                   Andy McKean
         S-5487        H.F.          2416          Don Gettings
                                                   Dick L. Dearden
                                                   Tom Vilsack
                                                   Patty Judge
                                                   Larry Murphy
         S-5488        H.F.          2416          Tom Vilsack
         S-5489        H.F.          2449          State Government
         S-5490        H.F.          2407          State Government
         S-5491        H.F.          2472          Brad Banks
         S-5492        H.F.          2472          Stewart Iverson
         S-5493        H.F.          2472          Stewart Iverson
         S-5494        H.F.          2433          Nat. Resources, Envir. &
    Energy
         S-5495        H.F.          2472          Elaine Szymoniak
         S-5496        H.F.          2369          Commerce
         S-5497        H.F.          2306          Nat. Resources, Envir. &
    Energy
         S-5498        H.F.          2472          Eugene Fraise
                                                   Emil J. Husak
                                                   Patrick J. Deluhery
                                                   Larry Murphy
                                                   John P. Kibbie
         S-5499        H.F.          2472          Johnie Hammond
         S-5500        H.F.          2472          Andy McKean
                                                   Johnie Hammond
                                                   Mary A. Lundby
         S-5501        H.F.          2416          Jack Rife
         S-5502        H.F.          2316          Judiciary
         S-5503        H.F.          2472          Mary Lundby
         S-5504        S.F.          2450          Brad Banks
         S-5505        H.F.          2472          Maggie Tinsman
                                                   Stewart Iverson, Jr.
         S-5506        S.F.          2450          Brad Banks
         S-5507        S.F.          2450          Brad Banks
         S-5508        S.F.          2450          Brad Banks
         S-5509        H.F.          2416          Tony Bisignano
                                                   Tom Vilsack
                                                   Randal J. Giannetto
                                                   Larry Murphy
                                                   Berl E. Priebe
                                                   Mike Connolly
                                                   Emil J. Husak
                                                   Michael E. Gronstal
         S-5510        H.F.          2416          Patty Judge
         S-5511        H.F.          2462          Michael E. Gronstal
                                                   Richard F. Drake



                                COMMITTEE REPORT

    NATURAL RESOURCES, ENVIRONMENT AND ENERGY

    Final Bill Action: HOUSE FILE 2383, a bill for an act relating to
    issuance of free deer and wild turkey hunting to certain landowners and
    tenants.

    Recommendation: DO PASS.
    Final Vote: Ayes, 8: Fink, Black, Dearden, Deluhery, Gronstal, Kibbie,
    Priebe and Sorensen. Nays, none. Absent or not voting, 7: Lundby, Banks,
    Borlaug, Freeman, Hedge, Judge and Rensink.

    Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 7:58 p.m., until
    1:30 p.m., Monday, March 28, 1996.

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