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Senate Journal: Thursday, March 20, 1997

  SIXTY-SEVENTH CALENDAR DAY
  FORTIETH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, March 20, 1997


  The Senate met in regular session at 9:31 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend David C. Dornack, pastor of the
  Presbyterian Church, Sac City, Iowa

  The Journal of Wednesday, March 19, 1997, was approved.

  HOUSE MESSAGE RECEIVED AND CONSIDERED

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

  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on March 19, 1997, passed the following bill in which the concurrence of
  the
  Senate is asked:

  House File 121, a bill for an act relating to notification procedures
  prior to the performance of an abortion on or termination of parental
  rights of a minor and applicable penalties.

  This bill was read first time and passed on file.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 7, by committee on Rules and
  Administration, a senate concurrent resolution to suspend Joint Rule
  20, subsection 3, to allow consideration of House File 388.

  Read first time and placed on calendar.
  67th Day THURSDAY, MARCH 20, 1997 717
  The Senate stood at ease at 10:06 a.m. until the fall of the gavel for
  the purpose of a committee meeting.

  The Senate resumed session at 10:14 a.m., President Kramer
  presiding.

  The Senate stood at ease at 10:15 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:37 a.m., President pro tempore
  Redfern presiding.

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action: SENATE CONCURRENT RESOLUTION 7, a concurrent
  resolution to suspend joint rule 20, subsection 3, to allow consideration of
  House File
  388.

  Recommendation: APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Jensen, Lundby, Maddox,
  Redfern
  and Rehberg. Nays, none. Absent or not voting, 3: Fink, Judge and Kibbie.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Concurrent Resolution 7.

  Senate Concurrent Resolution 7

  On motion of Senator Iverson, Senate Concurrent Resolution 7, a
  senate concurrent resolution to suspend Joint Rule 20, subsection 3,
  to allow consideration of House File 388, was taken up for
  consideration.

  A non record roll call was taken.

  The ayes were 37, nays 4.

  The resolution having received a constitutional majority was
  declared to have been adopted by the Senate.
  718 JOURNAL OF THE SENATE 67th Day
  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 7 be immediately messaged to
  the House.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  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 March 20, 1997, adopted the following resolution in which the
  concurrence of
  the Senate is asked:

  House Concurrent Resolution 15, a concurrent resolution
  providing for the formation of a committee by the Legislative Council
  to conduct a comprehensive study of school finance and make
  recommendations for a revised school aid formula.

  This resolution was read first time and passed on file.

  ALSO: That the House has on March 20, 1997, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 401, a bill for an act relating to state government
  personnel procedures including job classifications, pay plans,
  employee recall from layoff, and abolishing the personnel commission.

  This bill was read first time and passed on file.

  House File 628, a bill for an act relating to corporations by
  providing for the call of special meetings of shareholders, for the
  combination of a corporation and certain shareholders, and for certain
  merger and share acquisitions.

  This bill was read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:45 a.m.,
  until 2:00 p.m.
  67th Day THURSDAY, MARCH 20, 1997 719
  AFTERNOON SESSION

  The Senate reconvened at 3:45 p.m., President Kramer presiding.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  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 March 20, 1997, adopted the following resolution in which the
  concurrence of
  the House was asked:

  Senate Concurrent Resolution 7, a senate concurrent resolution
  to suspend Joint Rule 20, subsection 3, to allow consideration of
  House File 388.

  ALSO: That the House has on March 20, 1997, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 625, a bill for an act relating to the activities of the
  department of education, vocational education, community colleges,
  special educational programs provided by area education agencies,
  payment of claims for nonpublic school pupil transportation, the
  school budget review committee, the enrollment of certain students,
  and annual audits of school districts.

  This bill was read first time and passed on file.

  INTRODUCTION OF RESOLUTIONS

  Senate Concurrent Resolution 8, by McCoy, a concurrent
  resolution to request that the United States Congress amend the
  Internal Revenue Code to allow individuals to use premature
  distributions from tax-deferred annuities to pay for catastrophic
  illnesses without being subject to penalty.

  Read first time and passed on file.

  Senate Concurrent Resolution 9, by Jensen, a concurrent
  resolution proclaiming the creation of the Iowa Veterans Foundation.

  Read first time and assigned to committee on Rules and
  Administration.
  720 JOURNAL OF THE SENATE 67th Day
  QUORUM CALL

  Senator Iverson requested a non record roll call to determine that a
  quorum was present.

  The vote revealed 40 present, 10 absent and a quorum present.

  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 195, a bill for an act reducing the state
  individual
  income tax rates by fifteen percent and including a retroactive
  applicability date
  provision.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3194.

  Final Vote: Ayes, 15: Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.
  Nays, none.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 388, a bill for an act reducing the state
  individual
  income tax rates by fifteen percent and including an effective date
  provison.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3193.

  Final Vote: Ayes, 15: Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.
  Nays, none.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 388.

  House File 388

  On motion of Senator Drake, House File 388, a bill for an act
  reducing the state individual income tax rates by fifteen percent
  and
  67th Day THURSDAY, MARCH 20, 1997
  721
  including an effective date provision, with report of committee
  recommending amendment and passage was taken up for
  consideration.

  Action on House File 388 was temporarily deferred for the purpose
  of party caucuses.

  The Senate stood at ease at 3:53 p.m. until the fall of the gavel.

  The Senate resumed session at 4:59 p.m., President Kramer
  presiding.

  REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION

  The committee on Rules and Administration referred the following governor's
  appointments to state boards, commissions and departments to Senate standing
  committees as indicated for investigation on March 20, 1997:

  AGRICULTURE

  Timothy J. Galm ( Agricultural Development Authority.

  Russell L. Brandes, Kenneth W. McNichols and Diane C. Thompson ( State Soil
  Conservation Committee.

  BUSINESS AND LABOR

  Cynthia P. Eisenhauser ( Director of Workforce Development.

  Iris J. Post ( Industrial Commissioner.

  COMMERCE

  John J. Bentler, Tom N. Sarvis and William G. Sizer ( Credit Union Review
  Board.

  Michael K. Guttau ( Superintendent of Banking.

  James E. Forney ( Superintendent of Credit Unions.

  Jay D. Stewart ( Title Guaranty Division Board.

  EDUCATION

  Nick Benzing, Judith J. Brueggeman, Martha J. Cumpton, Velma R. Huebner, Ann
  R. Shaw and Dr. Thomas A. Sunderbruch ( Board of Educational Examiners.

  David W. Belin and Mary E. Gesiriech ( First in the Nation in Education
  Foundation Governing Board.
  722 JOURNAL OF THE SENATE 67th Day
  John V. Hartung ( Iowa Higher Education Loan Authority.

  Wayne F. Drexler ( School Budget Review Committee.

  Lisa E. Ahrens, David J. Fisher and Dr. Clarkson L. Kelly ( State Board of
  Regents.

  HUMAN RESOURCES

  Margaret Susan Cigelman ( Athletic Trainer Advisory Board.

  Dorothy A. Anderson, Thorald (Ted) E. Davidson and Dr. Martin R. Edwards (
  Board of Behavioral Science Examiners.

  Diane M. Cardwell, William L. Connet, Dr. James M. Cunningham and Rita J.
  Taylor ( Board of Physician Assistant Examiners.

  Robert J. Martin ( Commission for the Blind.

  Harold B. Davis, Alyce M. Elmitt and Clemmie Hightower ( Commission of Elder
  Affairs.

  Lois R. Kotz and Loren M. Wakefield ( Commission on Community Action
  Agencies.

  Jack F. Purcell ( Commission on the Deaf.

  Dr. Dale J. Andringa, Marcia J. Stark and F. Walter Tomenga ( Community
  Health
  Management Information System Governing Board.

  Margaret P. Guhin, Ruth L. Mosher and Albert G. Sorensen ( Council on Human
  Services.

  Charles Palmer ( Director of the Department of Human Services.

  Lee S. Miller ( Health Facilities Council.

  Betty Jean (BJ) Furgerson, Charles E. Rohm and Austin B. Turner ( Iowa
  Council
  on Human Investment.

  Mary Anne Anderson, Robert J. DeSmidt, Gary L. Gansemer, Clark A. Lane,
  Lannie
  L. Miller and Robert D. Walker ( Mental Health and Developmental
  Disabilities
  Commission.

  Dr. Alfred Healy, Georganna T. Hinrichsen and Melva J. Urban ( Prevention of
  Disabilities Policy Council.
  67th Day THURSDAY, MARCH 20, 1997 723
  Jerry R. Foxhoven, Lil M. Perry, Stanley S. Wierson and Kathryn M. Youberg (
  State Citizen Foster Care Review Board.

  JUDICIARY

  Richard G. Moore ( Administrator of the Division of Criminal and Juvenile
  Justice
  Planning.

  Mildred E. Eilliott and Suellen Overton ( Board of Corrections.

  Charles D. Hurley and Curtis S. Jenkins ( Board of Parole.

  Elizabeth A. Mathis and Arthur P. Silva ( Commission on Judicial
  Qualifications.

  Richard R. Phillips, David M. Roederer and Marvin L. Van Haaften ( Criminal
  and
  Juvenile Justice Planning Advisory Council.

  Sally Chandler Halford ( Director of the Department of Corrections.

  Douglas W. Book and Rachelle L.K. Johnson ( Drug Abuse Prevention and
  Education Advisory Council.

  Charles W. Larson ( Drug Enforcement and Abuse Prevention Coordinator.

  Blanca G. Flores, Mohamad W, Khan, Flora M. Lee, Jack L. Morlan and Robert
  L.
  Smith, Jr. ( Iowa State Civil Rights Commission.

  Joseph W. Hanrahan, Deanne K. Raley and Terry A. Sweeney ( Narcotics
  Enforcement Advisory Council.

  Darlene E. Blake and Donald L. Decker ( State Judicial Nominating
  Commission.

  William L. Wegman ( State Public Defender.

  LOCAL GOVERNMENT

  Susan M. Cosner and Harley R. Hiemstra ( City Development Board.

  Judy R. Emmons and Sharon K. McCrabb ( County Finance Committee.

  NATURAL RESOURCES AND ENVIRONMENT

  Allan T. Thoms ( Chair of the Utilities Board.

  William A. Ehn, Randal J. Giannetto, Rozanne E. King, Kathryn A. Murphy and
  Terrance G. Townsend ( Environmental Protection Commission.

  Jacklyn K. Van Ekeren ( Iowa Comprehensive Petroleum Underground Storage
  Tank Fund Board.
  724 JOURNAL OF THE SENATE 67th Day
  Richard E. Garrels and Anthony L. Hough ( Natural Resource Commission.

  JoAnn M. Brincks, David L. Holmes and Yvonne M. Wente ( Renewable Fuels and
  Coproducts Advisory Committee.

  Emmit J. George, Jr. ( Utilities Board.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

  Julie J. Bulkeley, Frederick W. Hagemann, Harris D. Honsey and William D.
  Trent,
  Jr. ( Iowa Economic Development Board.

  Hugh M. Field, Carol A. Garrett and Doris A. Hansen ( Iowa Seed Capital
  Corporation.

  Michael A. Fesler, Max A. Phillips and Peggy J. Trevino ( Small Business
  Advisory
  Council.

  STATE GOVERNMENT

  Mary J. Ackerman, Ronald E. Nielsen and David A. Vaudt ( Accountancy
  Examining Board.

  Sylvia Tijerina ( Administrator of the Division of Latino Affairs.

  Daryl K. Henze ( Alcoholic Beverages Commission.

  Glen D. Huntington and Kevin W. Monson ( Architectural Examining Board.

  Coral M. Jud ( Board for the Licensing and Regulation of Hearing Aid
  Dealers.

  Peggy C. Dunshee and Dennis Ruffcorn ( Board of Barber Examiners.

  Dr. Elizabeth C. Kressin, Norma J. Papik and Dr. Valorie J. Prahl ( Board of
  Chiropractic Examiners.

  Michael F. Kronfeldt and Curtis W. Stamp ( Board of Cosmetology Arts and
  Sciences Examiners.

  Elizabeth A. Colby-Plautz, Nancy S. Le Peau and Dr. LeRoy I. Strohman (
  Board of
  Dental Examiners.

  Mary K. Carlson, Roger B. Linn and Elvin R. Soll ( Board of Dietetic
  Examiners.

  Dr. James D. Collins, Jr., Dr. Donna M. Norman and Laura J. Stensrud ( Board
  of
  Medical Examiners.

  Daniel K. Danielson and Diane E. Palmer ( Board of Mortuary Science
  Examiners.

  Nancy E. Knutstrom ( Board of Nursing Examiners.
  67th Day THURSDAY, MARCH 20, 1997 725
  Katherine J. Gillette, Dr. Richard F. Noyes and Dr. Barbara A. Scheetz (
  Board of
  Optometry Examiners.

  Katherine A. Linder and Arlan D. Van Norman ( Board of Pharmacy Examiners.

  James E. Hughes and Alice B. Price ( Board of Physical and Occupational
  Therapy
  Examiners.

  Lillian J. Madison and Dr. Rickey P. Salocker ( Board of Podiatry Examiners.

  Dr. Janet S. McDonough and Dr. Scott W. Shafer ( Board of Psychology
  Examiners.

  Erlene VeVerka ( Board of Social Work Examiners.

  Julia A. Bebensee, Gary N. Boeke and Dr. Clifford S. Vogen ( Board of Speech
  Pathology and Audiology Examiners.

  Barry D. Remington ( Commission of Veterans Affairs.

  Kim D. Schmett ( Director of the Department of Inspections and Appeals.

  Susan M. Long and Terry L. Martin ( Engineering and Land Surveying Examining
  Board.

  Donald E. Snyder ( Investment Board of the IPERS.

  Dr. Bruce W. Van Zee and Theresa A. Wallace ( Iowa Board of Veterinary
  Medicine.

  Julie-Anita Ingoli ( Iowa Emergency Response Commission.

  James A. Albert, Gwendolyn M. Boeke and K. Marie Thayer ( Iowa Ethics and
  Campaign Disclosure Board.

  Catherine S. Brown and Monty D. Mitchell ( Landscape Architectural Examining
  Board.

  Gary J. Johnson, Nancy M. Larson and Theresa H. Lewis ( Real Estate
  Appraiser
  Examining Board.

  Russell D. Nading and Evelyn M. Rank ( Real Estate Commission.

  Dr. Gregory A. Hicklin, Amy M. Love, William J. Motz, William J. Niedert and
  Dorothy D. Warren ( State Board for Respiratory Care.

  Terry R. Cooper, Horace C. Daggett, Gary A. Kirchhof, Drucilla M. Straub and
  William R. Thayer ( State Board of Examiners for Nursing Home
  Administrators.

  Bradley R. Peyton and Harold W. White ( State Racing and Gaming Commission.
  726 JOURNAL OF THE SENATE 67th Day
  TRANSPORTATION

  Darrel Rensink, Director of Transportation.

  Jacqueline Day and Thomas C. Lillquist ( Iowa Law Enforcement Academy
  Council.

  Sister M. Catherine Dunn and Ronald N. Langston ( State Transportation
  Commission.

  WAYS AND MEANS

  Kay A. Hagen Anderson, Margaret D. Collison and Darlene M. Jeris ( Iowa
  Finance
  Authority.

  Christopher A. Bjornstad ( State Board of Tax Review.

  STEWART E. IVERSON, JR., Chair

  BILLS ASSIGNED TO COMMITTEE

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

  H.C.R. 15 Education
  H.F.  121 Human Resources
  H. F.  401 Business and Labor
  H. F.  625 Education

  STUDY BILLS RECEIVED

  SSB 248 Appropriations

  Relating to the state long-term care ombudsman and providing a
  penalty.

  SSB 249 Appropriations

  Requiring criminal and child and dependent adult abuse records
  checks of prospective health care facility  licensees and employees.

  SSB 250 Appropriations

  Relating to the role of the state long-term care ombudsman in
  regulation of health care facilities.
  67th Day THURSDAY, MARCH 20, 1997 727
  SSB 251 Appropriations

  Relating to an exemption form sales, services, and use taxes on
  sales of personal property for certain leasing businesses and
  providing an effective date and a retroactive applicability date.

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on March 20, 1997,
  the governor approved and transmitted to the secretary of state the
  following bill:

  S.F. 82 ( Relating to energy conservation including making appropriations of
  petroleum overcharge funds.

  PRESENTATION OF GUESTS

  The following visitors were present in the Senate chamber as the guests of
  Senator Boettger:

  Cary Cochran, who recently established a new state career basketball
  scoring record of 2650 points in the 1996-97 season; his father Coach Carl
  Cochran, who recently attained his 400th victory; and his basketball team
  from Tri-Center School District.

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Cary Cochran, Tri-Center School District ( For establishing a new state
  career
  basketball scoring record in 1996-97 of 2650 points. Senator Boettger
  (3-20-97).

  Kimberly Park, Dubuque ( For placing third in the 6th/7th grade category of
  the
  "Write Women Back Into History" Contest. Senator Connolly (3-19-97).

  Nathan Velner, Dubuque ( For placing second in the 8th/9th grade category of
  the
  "Write Women Back Into History" Contest. Senator Connolly (3-19-97).

  Trent Lafrentz, Mapleton ( For achieving the rank of Eagle Scout. Senator
  King (3-
  23-97).

  Scott Johnson, Cedar Rapids ( For achieving the rank of Eagle Scout. Senator
  McKean (3-19-97).
  728 JOURNAL OF THE SENATE 67th Day
  SUBCOMMITTEE ASSIGNMENTS

  Senate Concurrent Resolution 9

  RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

  Senate File 246

  WAYS AND MEANS: Borlaug, Chair; Connolly and Freeman

  Senate File 361

  BUSINESS AND LABOR: Schuerer, Chair; Gettings and Jensen

  Senate File 372

  HUMAN RESOURCES: Redwine, Chair; J. Black and Hammond

  Senate File 481

  APPROPRIATIONS: Rife, Chair; Borlaug, Dvorsky, Halvorson and Lundby

  Senate File 485

  APPROPRIATIONS: McLaren, Chair; Hedge and Horn

  Senate File 487

  APPROPRIATIONS: Hedge, Chair; Hammond, Maddox, Neuhauser and Tinsman

  Senate File 488

  APPROPRIATIONS: Hedge, Chair; D. Black, Douglas, Flynn and Rensink

  House File 111

  BUSINESS AND LABOR: Behn, Chair; Palmer and Zieman

  House File 167

  BUSINESS AND LABOR: Freeman, Chair; Dearden and Schuerer

  SSB 248

  APPROPRIATIONS: Lundby, Chair; McCoy and McLaren

  SSB 249

  APPROPRIATIONS: Lundby, Chair; McCoy and McLaren

  SSB 250

  APPROPRIATIONS: Lundby, Chair; McCoy and McLaren
  67th Day THURSDAY, MARCH 20, 1997 729
  SSB 251

  APPROPRIATIONS: Lundby, Chair; McCoy and McLaren

  COMMITTEE REPORTS

  JUDICIARY

  Final Bill Action: HOUSE FILE 200, a bill for an act relating to
  nonsubstantive
  Code corrections.

  Recommendation: DO PASS.

  Final Vote: Ayes, 11: McKean, Maddox, Neuhauser, Boettger, Drake, Fraise,
  Halvorson, Hammond, Hansen, Tinsman and Vilsack. Nays, none. Absent or not
  voting, 4: Angelo, King, McKibben and Redfern

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action: HOUSE FILE 81, a bill for an act relating to the
  qualifications for
  the successful completion of an approved hunter safety and ethics education
  course.

  Recommendation: DO PASS.

  Final Vote: Ayes, 15: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug,
  Dearden,
  Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben, Rehberg and Zieman.
  Nays,
  none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 142, a bill for an act relating to the hunting
  of deer
  with a pistol or revolver and providing a penalty.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3200.

  Final Vote: Ayes, 10: Bartz, Angelo, D. Black, J. Black, Borlaug, Dearden,
  Deluhery,
  McKibben, Rehberg and Zieman. Nays, 4: Fink, Dvorsky, Hedge and Judge. Pass,
  1:
  Freeman.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 228, a bill for an act relating to permits
  issued to
  licensed automobile tire recycling dealers to own or operate a waste tire
  site.
  730 JOURNAL OF THE SENATE 67th Day
  Recommendation: DO PASS.

  Final Vote: Ayes, 10: Bartz, Angelo, D. Black, J. Black, Borlaug, Dearden,
  Deluhery,
  Freeman, Hedge, and Zieman. Nays, none. Absent or not voting, 5: Fink,
  Dvorsky,
  Judge, McKibbenand Rehberg

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  RULES AND ADMINISTRATION

  Final Bill Action: SENATE CONCURRENT RESOLUTION 9, a concurrent
  resolution proclaiming the creation of the Iowa Veterans Foundation.

  Recommendation: DO PASS.

  Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Lundby, Maddox, Redfern and Rehberg. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  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 March 20, 1997, passed the following bills in which the concurrence
  of the
  Senate is asked:

  House File 554, a bill for an act establishing a community college
  vocational-technical technology improvement program for community
  college technology funding and making an appropriation.

  This bill was read first time and passed on file.

  House File 655, a bill for an act appropriating funds to the
  department of economic development, certain board of regents
  institutions, the department of workforce development, the public
  employment relations board, making statutory changes, and
  providing an effective date.

  This bill was read first time and passed on file.

  QUORUM CALL

  Senator Maddox requested a non record roll call to determine that a
  quorum was present.
  67th Day THURSDAY, MARCH 20, 1997 731
  The vote revealed 45 present, 5 absent and a quorum present.

  BUSINESS PENDING

  House File 388

  The Senate resumed consideration of House File 388, a bill for an
  act reducing the state individual income tax rates by fifteen percent
  and including an effective date provision, previously deferred.

  Senator Neuhauser asked and received unanimous consent that
  action on amendment S-3195 filed by Senators Neuhauser and
  Dvorsky from the floor to strike everything after the enacting clause
  and to the title page of the bill be deferred

  Senator Vilsack asked and received unanimous consent that action
  on amendment S-3196 filed by Senators Vilsack, Flynn and
  Deluhery from the floor to strike everything after the enacting clause
  and to the title page of the bill be deferred.

  Senator Drake offered amendment S-3193 filed by the committee
  on Ways and Means from the floor to page 1 and the title page of the
  bill.

  Senator Gronstal offered amendment S-3198 filed by Senators
  Gronstal, et al., from the floor to amendment S-3193, moved its
  adoption and requested a record roll call.

  On the question "Shall amendment S-3198 to amendment S-
  3193 be adopted?" (H.F. 388) 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
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Palmer Szymoniak
  Vilsack
  732 JOURNAL OF THE SENATE 67th Day
  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:

  Lind Rife

  Amendment S-3198 lost.

  Senator Iverson asked and received unanimous consent that action
  on amendment S-3193 be deferred.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-3197 filed by Senators Gronstal, et al., from
  the floor to page 1 and the title page of the bill be deferred.

  Senator Deluhery offered amendment S-3199 filed by Senators
  Deluhery, et al., from the floor to page 1 and the title page of the bill.

  Senator Drake raised the point of order that amendment S-3199
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3199 out
  of order.

  The Senate resumed consideration of amendment S-3195 by
  Senators Neuhauser and Dvorsky, previously deferred.

  Senator Drake raised the point of order that amendment S-3195
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3195 out
  of order.
  67th Day THURSDAY, MARCH 20, 1997 733
  The Senate resumed consideration of amendment S-3196 by
  Senators Vilsack, Flynn and Deluhery, previously deferred.

  Senator Drake raised the point of order that amendment S-3196
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3196 out
  of order.

  Senator Drake moved the adoption of amendment S-3193 by the
  committee on Ways and Means, previously deferred.

  A record roll call was requested.

  On the question "Shall amendment S-3193 be adopted?" (H.F. 388)
  the vote was:

  Ayes, 28:

  Angelo Bartz Behn Black, D.
  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

  Nays, 20:

  Connolly Dearden Deluhery Dvorsky
  Fink Flynn Fraise Gettings
  Gronstal Halvorson Hammond Hansen
  Horn Judge Kibbie McCoy
  Neuhauser Palmer Szymoniak Vilsack

  Absent or not voting, 2:

  Lind Rife

  Amendment S-3193 was adopted.
  734 JOURNAL OF THE SENATE 67th Day
  With the adoption of amendment S-3193, the Chair ruled that
  amendment S-3197 by Senators Gronstal, et al., previously deferred,
  out of order.

  Senator Drake moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 388) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Palmer
  Redfern Redwine Rehberg Rensink
  Rittmer Schuerer Tinsman Vilsack
  Zieman

  Nays, 3:

  Hammond Neuhauser Szymoniak

  Absent or not voting, 2:

  Lind Rife

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

  Senator Iverson asked and received unanimous consent that House
  File 388 be immediately messaged to the House.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  File 195 be referred from the Ways and Means Calendar to the
  committee on Ways and Means.
  67th Day THURSDAY, MARCH 20, 1997 735
  APPENDIX

  AMENDMENTS FILED

  S(3184 S. F.  341 John P. Kibbie
  S(3185 H. F.  8 Jim Lind
  S(3186 S. F.  500 Jim Lind
  S(3187 H. F.  416 Jim Lind
  S(3188 S. F.  503 Jim Lind
  Elaine Szymoniak
  S(3189 S. F.  492 Dick L. Dearden
  S(3190 S. F.  467 Dick L. Dearden
  S(3191 S. F.  467 Dick L. Dearden
  S(3192 S. F.  467 Dick L. Dearden
  S(3193 H. F.  388 Ways and Means
  S(3194 S. F.  195 Ways and Means
  S(3195 H. F.  388 Mary Neuhauser
  Robert E. Dvorsky
  S(3196 H. F.  388 Tom Vilsack
  Tom Flynn
  Patrick J. Deluhery
  S(3197 H. F.  388 Michael E. Gronstal
  Patty Judge
  Patrick J. Deluhery
  Matt McCoy
  Rodney Halvorson
  Tom Flynn
  Steven D. Hansen
  Wally E. Horn
  S(3198 H. F.  388 Michael E. Gronstal
  Patty Judge
  John P. Kibbie
  Matt McCoy
  Rodney Halvorson
  Tom Flynn
  Patrick J. Deluhery
  Steven D. Hansen
  Don Gettings
  Mike Connolly
  Dick L. Dearden
  736 JOURNAL OF THE SENATE 67th Day
  Dennis H. Black
  Robert E. Dvorsky
  Tom Vilsack
  Mary Neuhauser
  Wally E. Horn
  Johnnie Hammond
  Bill Fink
  S(3199 H. F.  388 Patrick J. Deluhery
  Tom Flynn
  Don Gettings
  Eugene S. Fraise
  Rodney Halvorson
  Steven D. Hansen
  Dennis H. Black
  John P. Kibbie
  Wally E. Horn
  William D. Palmer
  Michael E. Gronstal
  Matt McCoy
  Robert E. Dvorsky
  S(3200 H. F.  142 Natural Resources & Env.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 8:24 p.m.,
  until 1:00 p.m., Monday, March 24, 1997.

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