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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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