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Senate Journal: Wednesday, March 26, 1997

  SEVENTY-THIRD CALENDAR DAY
  FORTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 26, 1997


  The Senate met in regular session at 9:13 a.m., President Kramer
  presiding.

  Prayer was offered by Reverend Steve Williams, pastor of the
  United Methodist Church, Gladbrook, Iowa, and Harriet VandeHoef,
  House Secretary from Harris, Iowa, who sang "The Lords Prayer".

  The Journal of Tuesday, March 25, 1997, was approved.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 503

  On motion of Senator McKibben, Senate File 503, a bill for an act
  relating to criminal justice, by providing for enhanced punishment for
  manufacturing methamphetamine in the presence of minors,
  providing restrictions on public nudity and actual or simulated public
  performance of sex acts in certain establishments, providing for
  abatement of nuisance created by certain establishments which allow
  or permit public nudity or actual or simulated public performances of
  sex acts in their establishment, making changes relating to permits
  and rights to carry and acquire weapons, providing for hormonal
  intervention therapy for persons convicted of certain sex offenses,
  authorizing probation supervision and revocation by administrative
  parole and probation judges in the sixth judicial district, providing
  restitution for death of a victim of a crime, and providing penalties
  and an effective date, was taken up for consideration.

  Senator Hansen rose on a point of parliamentary inquiry and stated
  that he did not believe Senate File 503 was within the confines of
  the
  73rd Day WEDNESDAY, MARCH 26, 1997
  801
  Iowa Constitution, Article 3, Section 29, and asked for an
  interpretation and a ruling from the Chair on this matter.

  The Chair stated on the question regarding Article 3, Section 29 of
  the Iowa Constitution, Mason's Manual of Legislative Procedure,
  Section 6, Chapter 2, states that the legislative process must be
  controlled by the Constitution. The Chair believes that the Senate is
  in compliance, but refrains from a legal analysis of the Constitution,
  because it is not within the purview of the Chair to make a legal
  interpretation, but it is, rather within the purview of the judicial
  branch to make that interpretation.

  Senator Judge asked and received unanimous consent that action
  on Senate File 503 be deferred.

  The Senate stood at ease at 10:21 a.m., until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 11:08 a.m., President Kramer
  presiding.

  QUORUM CALL

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

  The vote revealed 49 present, none absent and a quorum present.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 451

  On motion of Senator Zieman, Senate File 451, a bill for an act
  relating to milk and milk products, providing for the issuance of
  licenses and permits, fees, and providing penalties, was taken up for
  consideration.

  Senator Zieman offered amendment S-3233 filed by him on March
  25, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3233 was adopted by a voice vote.
  802 JOURNAL OF THE SENATE 73rd Day
  Senator Zieman 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. 451) the vote was:

  Ayes, 49:

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

  Nays, none.

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

  BILL ASSIGNED TO COMMITTEE

  President Kramer announced that House File 694 was assigned to
  the committee on Agriculture.

  UNFINISHED BUSINESS CALENDAR
  (Deferred March 25, 1997)

  Senate File 188

  The Senate resumed consideration of Senate File 188, a bill for an
  act relating to the allocation of gambling receipts for horse race
  purses, deferred March 25, 1997.

  Senator McCoy asked and received unanimous consent to withdraw
  amendment S-3239 filed by Senators McCoy and Dearden from the
  floor to page 1 of the bill.
  73rd Day WEDNESDAY, MARCH 26, 1997 803
  Senator Dearden asked and received unanimous consent that
  action on Senate File 188 be deferred.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 474

  On motion of Senator Tinsman, Senate File 474, a bill for an act
  abolishing county compensation boards and the state commission on
  compensation, expenses, and salaries for elected state officials, was
  taken up for consideration.

  Senator Szymoniak asked and received unanimous consent that
  action on Senate File 474 be deferred.

  Senate File 241

  On motion of Senator Bartz, Senate File 241, a bill for an act
  adopting the uniform transfer on death security registration Act, was
  taken up for consideration.

  Senator Bartz offered amendment S-3223 filed by him on March
  25, 1997, to pages 4 and 5 of the bill and moved its adoption.

  Amendment S-3223 was adopted by a voice vote.

  Senator Bartz offered amendment S-3219 filed by him on March
  25, 1997, to page 5 of the bill and moved its adoption.

  Amendment S-3219 was adopted by a voice vote.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Borlaug until he returns on request of Senator Iverson and Senator
  Szymoniak until she returns on request of Senator Connolly.

  BUSINESS PENDING

  Senate File 241

  The Senate resumed consideration of Senate File 241.
  804 JOURNAL OF THE SENATE 73rd Day
  Senator Bartz moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 241) the vote was:

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

  Ayes, 29:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Connolly Douglas
  Drake Flynn Freeman Gettings
  Gronstal Hedge Iverson Jensen
  King Kramer Lundby McKean
  McLaren Redfern Redwine Rensink
  Rife Rittmer Schuerer Tinsman
  Zieman

  Nays, 18:

  Dearden Deluhery Dvorsky Fink
  Fraise Halvorson Hammond Hansen
  Horn Judge Kibbie Maddox
  McCoy McKibben Neuhauser Palmer
  Rehberg Vilsack

  Absent or not voting, 2:

  Borlaug Szymoniak

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 451 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 12:52 p.m.,
  until 4:30 p.m.
  73rd Day WEDNESDAY, MARCH 26, 1997 805
  APPENDIX

  REPORTS OF COMMITTEEE MEETINGS

  HUMAN RESOURCES

  Convened: March 25, 1997, 9:40 a.m.

  Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer,
  Tinsman and Vilsack.

  Members Absent: none.

  Committee Business: Recommended passage of House Files 313 and 545 and
  placed
  governor's appointees on en bloc confirmation calendar.

  Adjourned: 10:05 a.m.

  JUDICIARY

  Convened: March 25, 1997, 2:35 p.m.

  Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking
  Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King,
  McKibben, Redfern, Tinsman and Vilsack.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees and announced governor's
  appointees assignments; recommended passage of House Files 265, 384, 232,
  308 and
  307; deferred action on Senate File 499.

  Adjourned: 10:45 a.m.

  LOCAL GOVERNMENT

  Convened: March 25, 1997, 10:35 a.m.

  Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen,
  McKean,
  Redwine and Rehberg.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; recommended passage of
  House File 244; placed governor's appointees on en bloc confirmation
  calendar.

  Adjourned: 10:45 a.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

  Convened: March 25, 1997, 2:00 p.m.
  806 JOURNAL OF THE SENATE 73rd Day
  Members Present: Rittmer, Chair; Lundby, Vice Chair; Hansen, Ranking Member;
  Boettger, Douglas, Flynn, King, McCoy, Palmer, Redwine and Schuerer.

  Members Absent: Hammond.

  Committee Business: Assigned bills to subcommittees; placed governor's
  appointees
  on the en bloc confirmation calendar; recommended passage of House File 368.

  Adjourned: 2:12 p.m.

  STATE GOVERNMENT

  Convened: March 25, 1997, 10:32 a.m.

  Members Present: Rittmer, Acting Chair; Lundby, Acting Vice Chair; Kibbie,
  Ranking Member; Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben,
  McLaren, Rife, Szymoniak and Tinsman.

  Members Absent: none.

  Committee Business: Placed 58 governor's appointees on the en bloc
  confirmation
  calendar and two appointees on the individual confirmation calendar;
  recommended
  passage of House File 335 as amended.

  Adjourned: 11:20 a.m.

  TRANSPORTATION

  Convened: March 25, 1997, 9:40 a.m.

  Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member;
  Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben
  and
  Rittmer.

  Members Absent: none.

  Committee Business: Placed governor's appointees on the en bloc confirmation
  calendar; recommended passage of House Files 416 and 372; assigned bill to a
  subcommittee.

  Adjourned: 10:05 a.m.

  WAYS AND MEANS

  Convened: March 25, 1997, 1:08 p.m.

  Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking
  Member;
  Borlaug, Connolly, Drake, Freeman, Hedge, Judge, Maddox, Redfern and
  Szymoniak

  Members Absent:  Deluhery, McLaren and Vilsack (all excused).
  73rd Day WEDNESDAY, MARCH 26, 1997 807
  Committee Business: Assigned bills to subcommittees; recommended passage of
  Senate Files 187, 246 and House File 495; approved Senate File 475 as a
  committee
  bill;  placed governor's appointee on en bloc confirmation calendar.

  Adjourned: 1:27 p.m.

  PRESENTATION OF VISITORS

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

  Fifth grade students from Winterset Elementary School, Winterset.
  Senator Douglas.

  Senator Redfern introduced a group of students from Herzen
  University in St. Petersburg, St. Petersburg State University, Moscow
  State Pedagogical University, and the Moscow Institute of
  International Relations who were present in the Senate chamber. The
  students are participants of the ACTR Exchange Program and were
  accompanied by Holly Crandall from UNI.

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action: *SENATE CONCURRENT RESOLUTION 10 (SSB 256), a
  concurrent resolution requesting that the United States government take all
  actions
  necessary in order to prevent further concentration and vertical integration
  in the
  livestock industry.

  Recommendation: APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Behn, D. Black,
  Fraise,
  Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none.
  Absent or
  not voting, 1: Bartz.

  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 Agriculture Committee on Senate
  Concurrent Resolution 10 and they were attached to the committee report.

  ALSO:

  Final Bill Action: HOUSE FILE 687, a bill for an act relating to statutory
  references
  to the Iowa beef industry council and increasing an excise tax on beef
  cattle upon a
  referendum.
  808 JOURNAL OF THE SENATE 73rd Day
  Recommendation: DO PASS.

  Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Behn, D. Black,
  Fraise,
  Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none.
  Absent or
  not voting, 1: Bartz.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 528 (formerly Senate File 475), a bill for an
  act
  relating to the cleanup and reuse of contaminated property, environmental
  remediation standards and review procedures, participation in the
  remediation of
  contaminated property, liability for the voluntary cleanup of contaminated
  property,
  liability protections, and establishing a land recycling fund.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 11: Douglas, McKibben, Palmer, Borlaug, Connolly, Freeman,
  Hedge, Judge, Maddox, Redfern and Szymoniak. Nays, none. Absent or not
  voting 4:
  Deluhery, Drake, McLaren and Vilsack.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  SUBCOMMITTEE ASSIGNMENTS

  House File 336

  AGRICULTURE: J. Black, Chair; Behn and Vilsack

  House File 642

  WAYS AND MEANS: Maddox, Chair; Connolly and Freeman

  House File 653

  NATURAL RESOURCES AND ENVIRONMENT: D. Black, Chair; J. Black and
  Rehberg

  House File 694

  AGRICULTURE: Angelo, Chair; Hedge and Judge

  SSB 257

  WAYS AND MEANS: McKibben, Chair; Connolly and Douglas

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:
  73rd Day WEDNESDAY, MARCH 26, 1997 809
  Derek A. Binneboese and Daniel A. Sohl, Hinton ( For achieving the rank of
  Eagle
  Scout. Senator Redwine (3-25-97).

  The Lady Spartans, Solon ( For winning the Iowa Class 2-A Girls' state
  basketball
  tournament.  Senator Dvorsky (3-14-97).

  AMENDMENTS FILED

  S(3234 S. F.  442 O. Gene Maddox
  S(3235 S. F.  453 John P. Kibbie
  S(3236 S. F.  515 O. Gene Maddox
  Johnie Hammond
  Maggie Tinsman
  Nancy Boettger
  S(3237 S. F.  362 Patty Judge
  S(3238 S. F.  362 Patty Judge
  S(3239 S. F.  188 Matt McCoy
  Dick L. Dearden
  S(3240 S. F.  411 Nancy Boettger
  S(3241 S. F.  405 Nancy Boettger
  S(3242 S. F.  188 Dick L. Dearden
  S(3243 S. F.  423 John P. Kibbie
  S(3244 S. F.  503 Steven D. Hansen
  S(3245 S. F.  503 Steven D. Hansen
  Eugene Fraise
  Tom Vilsack
  S(3246 S. F.  362 Patty Judge
  S(3247 S. F.  109 Dick L. Dearden
  S(3248 S. F.  339 Neal Schuerer
  S(3249 S. F.  17 James Black
  S(3250 S. F.  393 Neal Schuerer
  John W. Jensen
  S(3251 H. F.  553 Neal Schuerer

  GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the En Bloc Calendar with recommendation for confirmation on March
  25
  and 26, 1997:
  810 JOURNAL OF THE SENATE 73rd Day
  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. Eisenhauer, Director of Workforce Development.

  Iris J. Post, Industrial Commissioner.

  STATE GOVERNMENT

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

  Elizabeth A. Colby-Plautz, Board of Dental Examiners.

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

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

  Catherine S. Brown, Landscape Architectural Examining Board.
  73rd Day WEDNESDAY, MARCH 26, 1997 811
  Gary J. Johnson, Nancy M. Larson and Theresa H. Lewis, Real Estate Appraiser
  Examining Board.

  Russell D. Nading, 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.

  Bradley R. Peyton and Harold W. White, State Racing and Gaming Commission.

  TRANSPORTATION

  Darrel Rensink, Director of Transportation.

  Jacqueline Day, Iowa Law Enforcement Academy Council.

  Sister M. Catherine Dunn and Ronald N. Langston, State Transportation
  Commission.
  812 JOURNAL OF THE SENATE 73rd Day
  AFTERNOON SESSION

  The Senate reconvened at 4:46 p.m., President pro tempore Redfern
  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 18, 1997, passed the following bill in which the concurrence of
  the
  Senate is asked:

  House File 551, a bill for an act relating to workers' compensation
  coverage for injuries occurring outside of the state.

  This bill was read first time and passed on file.

  ALSO: That the House has on March 24, 1997, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 597, a bill for an act relating to school attendance by
  applying school attendance requirements under the family
  investment program, and providing a civil penalty for truancy,
  applicability provisions, and an effective date.

  This bill was read first time and passed on file.

  ALSO: That the House has on March 25, 1997, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 113, a bill for an act relating to immunity from assault
  charges for the use of force by a person to stop a fight or disturbance
  at a school or school function.

  This bill was read first time and passed on file.

  House File 599, a bill for an act relating to dispositional orders
  pertaining to certain delinquent children by expanding the criteria for
  state training school placements and providing for extension of
  dispositional orders to allow completion of sexual abusers treatment
  programs.
  73rd Day WEDNESDAY, MARCH 26, 1997 813
  This bill was read first time and passed on file.

  House File 658, a bill for an act relating to city ordinances and
  other official actions of a city council and mayor.

  This bill was read first time and passed on file.

  House File 688, a bill for an act relating to handicapped parking
  permits by changing the term handicapped to the term person with a
  disability and by providing for nonexpiring removable windshield
  placards for persons with a lifelong disability, eliminating the
  requirement that physicians or chiropractors sign removable
  windshield placards, and eliminating certain identification
  requirements for persons with disabilities and providing an effective
  date and applicability provisions.

  This bill was read first time and passed on file.

  House File 701, a bill for an act relating to the requirements for
  portability and continuity of health care coverage for individuals
  among certain types of health care coverage, and related matters.

  This bill was read first time and passed on file.

  ALSO: That the House has on March 26, 1997, passed the following bill in
  which the
  concurrence of the House was asked:

  Senate File 292, a bill for an act relating to cooperative
  corporations, by providing for the transfer of stock, the allocation of
  patronage dividends upon termination of membership, and
  dissolution.

  ALSO: That the House has on March 26, 1997, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 577, a bill for an act relating to continuing education
  requirements of real estate appraisers.

  This bill was read first time and passed on file.

  House File 589, a bill for an act relating to professional boxing and
  wrestling matches, providing for properly related matters, and
  providing for a tax and for penalties.
  814 JOURNAL OF THE SENATE 73rd Day
  This bill was read first time and passed on file.

  House File 615, a bill for an act relating to abandoned coal mines
  expenditures, including reclamation of land and drainage abatement.

  This bill was read first time and passed on file.

  House File 647, a bill for an act defining the crime of theft to
  include the utterance of a financial instrument for the use of property
  which knowingly will not be paid when presented to a financial
  institution and making a penalty applicable.

  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate Concurrent Resolution 10, by committee on Agriculture,
  a concurrent resolution requesting that the United States government
  take all actions necessary in order to prevent further concentration
  and vertical integration in the livestock industry.

  Read first time and placed on calendar.

  Senate File 528, by committee on Ways and Means, a bill for an
  act relating to the cleanup and reuse of contaminated property,
  environmental remediation standards and review procedures,
  participation in the remediation of contaminated property, liability
  for the voluntary cleanup of contaminated property, liability
  protections, and establishing a land recycling fund.

  Read first time and placed on Ways and Means Calendar.

  BUSINESS PENDING

  Senate File 188

  The Senate resumed consideration of Senate File 188, a bill for an
  act relating to the allocation of gambling receipts for horse race
  purses, previously deferred.

  Senator Dearden offered amendment S-3242 filed by him from the
  floor to page 1 of the bill and moved its adoption.
  73rd Day WEDNESDAY, MARCH 26, 1997 815
  Amendment S-3242 lost by a voice vote.

  The Chair stated that amendment S-3112 by former Senator Lind
  was not in order.

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

  On the question "Shall the bill pass?" (S.F. 188) the vote was:

  Ayes, 45:

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

  Nays, 3:

  Dearden McCoy Szymoniak

  Absent or not voting, 1:

  Lundby

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

  BUSINESS PENDING

  Senate File 474

  The Senate resumed consideration of Senate File 474, a bill for an
  act abolishing county compensation boards and the state
  commission
  816 JOURNAL OF THE SENATE 73rd
  Day
  on compensation, expenses, and salaries for elected state officials,
  previously deferred.

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

  On the question "Shall the bill pass?" (S.F. 474) the vote was:

  Ayes, 24:

  Bartz Behn Black, J. Borlaug
  Drake Flynn Freeman Halvorson
  Iverson Jensen Kibbie King
  Kramer Lundby Maddox McKean
  McKibben McLaren Redfern Rehberg
  Rensink Rife Rittmer Tinsman

  Nays, 25:

  Angelo Black, D. Boettger Connolly
  Dearden Deluhery Douglas Dvorsky
  Fink Fraise Gettings Gronstal
  Hammond Hansen Hedge Horn
  Judge McCoy Neuhauser Palmer
  Redwine Schuerer Szymoniak Vilsack
  Zieman

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 188 be immediately messaged to the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senate File 515

  On motion of Senator Maddox, Senate File 515, a bill for an act
  relating to juvenile justice and youthful offenders, by making
  changes
  73rd Day WEDNESDAY, MARCH 26, 1997
  817
  in provisions relating to illegal purchase or possession of alcohol and
  tobacco by juveniles and youthful offenders, making changes relating
  to dramshop liability, providing for notification of school officials of
  possession of alcohol by students, providing for the taking of
  fingerprints and photographs of certain juveniles, permitting victims
  to make oral victim impact statements in juvenile proceedings,
  making changes related to the supplying of alcohol to persons under
  the age of twenty-one, providing for sharing of information regarding
  delinquent juveniles and juveniles under the jurisdiction of various
  social services agencies, providing for shared jurisdiction between the
  adult and juvenile courts over youthful offenders, changing the
  criteria for placement in the state training school or other facility,
  making changes relating to state reimbursement for expenses of
  court-appointed attorneys in juvenile court, permitting the release of
  information relating to juveniles who have escaped from a detention
  facility, providing for notification of juvenile court authorities of
  unexcused absences or suspensions or expulsions of students who are
  on probation, providing for bailiff and other law enforcement
  assistance to associate juvenile judges, including arrest or disposition
  or custody or adjudication data in criminal history data kept by the
  department of public safety, authorizing school officials to conduct
  searches of students and their lockers and other spaces and to report
  possession or use of alcohol or controlled substances to law
  enforcement authorities, was taken up for consideration.

  Senator Maddox asked and received unanimous consent that action
  on Senate File 515 be deferred.

  Senate File 472

  On motion of Senator Rensink, Senate File 472, a bill for an act
  prohibiting a habitual violator or person charged with violation from
  constructing or expanding an animal feeding operation structure, was
  taken up for consideration.

  Senator Kibbie withdrew amendment S-3175 filed by him on
  March 19, 1997, to page 1 and the title page of the bill.

  Senator Judge withdrew amendment S-3177 filed by her on
  March 19, 1997, to page 1 and the title page of the bill.
  818 JOURNAL OF THE SENATE 73rd Day
  Senator Judge withdrew amendment S-3179 filed by her on
  March 19, 1997, to page 1 and the title page of the bill.

  Senator Judge withdrew amendment S-3180 filed by her on
  March 19, 1997, to page 1 and the title page of the bill.

  Senator Rensink offered amendment S-3165 filed by him on
  March 18, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3165 was adopted by a voice vote.

  Senator Vilsack withdrew amendments S-3173 and S-3178 filed
  by him on March 19, 1997, to page 1 of the bill.

  Senator Vilsack offered amendment S-3266 filed by him from the
  floor to page 1 of the bill and moved its adoption.

  Amendment S-3266 was adopted by a voice vote.

  Senator Judge withdrew amendment S-3176 filed by her on
  March 19, 1997, to page 1 and the title page of the bill.

  Senator Rensink 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. 472) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman
  73rd Day WEDNESDAY, MARCH 26, 1997 819
  Nays, none.

  Absent or not voting, 1:

  Rife

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

  UNFINISHED BUSINESS CALENDAR
  (Deferred March 25, 1997)

  Senate File 442

  The Senate resumed consideration of Senate File 442, a bill for an
  act relating to the designation of certain correctional facilities,
  deferred March 25, 1997.

  Senator Maddox offered amendment S-3234 filed by him from the
  floor to page 1 of the bill and moved its adoption.

  Amendment S-3234 was adopted by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Rensink for the remainder of the day on request of Senator Jensen.

  BUSINESS PENDING

  Senate File 442

  The Senate resumed consideration of Senate File 442.

  Senator Halvorson 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. 442) the vote was:
  820 JOURNAL OF THE SENATE 73rd Day
  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 1:

  Rensink

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 442 and 472 be immediately messaged to the House.

  The Senate stood at ease at 6:45 p.m., until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 7:03 p.m., President Kramer
  presiding.

  BUSINESS PENDING

  Senate File 503

  The Senate resumed consideration of Senate File 503, a bill for an
  act relating to criminal justice, by providing for enhanced punishment
  for manufacturing methamphetamine in the presence of minors,
  providing restrictions on public nudity and actual or simulated public
  performance of sex acts in certain establishments, providing
  for
  73rd Day WEDNESDAY, MARCH 26, 1997 821
  abatement of nuisance created by certain establishments which allow
  or permit public nudity or actual or simulated public performances of
  sex acts in their establishment, making changes relating to permits
  and rights to carry and acquire weapons, providing for hormonal
  intervention therapy for persons convicted of certain sex offenses,
  authorizing probation supervision and revocation by administrative
  parole and probation judges in the sixth judicial district, providing
  restitution for death of a victim of a crime, and providing penalties
  and an effective date, previously deferred.

  Senator Szymoniak offered amendment S-3260 filed by her from
  the floor to page 1 of the bill and moved its adoption.

  Amendment S-3260 was adopted by a voice vote.

  Senator Szymoniak offered amendment S-3268 filed by her from
  the floor to page 1 and the title page of the bill.

  Senator McKibben raised the point of order that amendment S-
  3268 was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3268
  in order.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gettings for the remainder of the day on request of Senator Fraise.

  BUSINESS PENDING

  Senate File 503

  The Senate resumed consideration of Senate File 503.

  Senator Szymoniak moved the adoption of amendment S-3268.

  A record roll call was requested.
  822 JOURNAL OF THE SENATE 73rd Day
  On the question "Shall amendment S-3268 be adopted?" (S.F. 503)
  the vote was:

  Ayes, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gronstal Halvorson Hammond Hansen
  Horn Judge Kibbie McCoy
  Neuhauser Palmer Szymoniak Vilsack

  Nays, 26:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Hedge Iverson Jensen
  King Kramer Lundby Maddox
  McKean McKibben McLaren Redfern
  Redwine Rehberg Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Gettings Rensink Rife

  Amendment S-3268 lost.

  Senator Hammond offered amendment S-3255 filed by Senators
  Hammond and Dvorsky from the floor to page 1 and the title page of
  the bill.

  Senator McKibben raised the point of order that amendment S-
  3255 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3255 out
  of order.

  Senator Hammond offered amendment S-3256 filed by Senators
  Hammond and Dvorsky from the floor to page 1 and the title page of
  the bill.

  Senator McKibben raised the point of order that amendment S-
  3256 was not germane to the bill.
  73rd Day WEDNESDAY, MARCH 26, 1997 823
  The Chair ruled the point well taken and amendment S-3256 out
  of order.

  Senator Hammond offered amendment S-3257 filed by Senators
  Hammond and Dvorsky from the floor to page 1 and the title page of
  the bill.

  Senator McKibben raised the point of order that amendment S-
  3257 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3257 out
  of order.

  Senator Hammond offered amendment S-3259 filed by Senators
  Hammond and Dvorsky from the floor to page 1 and the title page of
  the bill.

  Senator McKibben raised the point of order that amendment S-
  3259 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3259 out
  of order.

  Senator Deluhery offered amendment S-3261 filed by Senators
  Deluhery, et al., from the floor to pages 1, 5, 7, 13, 14 and the title
  page of the bill.

  Senator McKibben raised the point of order that amendment S-
  3261 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3261 out
  of order.

  Senator Szymoniak withdrew amendment S-3188 filed by her on
  March 20, 1997, to page 1 of the bill.

  The Chair ruled that amendment S-3254 filed by Senators Behn
  and Borlaug from the floor to amendment S-3188 was out of order.
  824 JOURNAL OF THE SENATE 73rd Day
  Senator Neuhauser offered amendment S-3263 filed by her from
  the floor to pages 1, 14 and the title page of the bill.

  Senator McKibben raised the point of order that amendment S-
  3263 was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3263
  in order.

  Senator Neuhauser moved the adoption of amendment S-3263.

  A record roll call was requested.

  On the question "Shall amendment S-3263 be adopted?" (S.F. 503)
  the vote was:

  Ayes, 19:

  Black, D. Connolly Dearden Deluhery
  Fink Flynn Fraise Gronstal
  Halvorson Hammond Hansen Horn
  Judge Kibbie McCoy Neuhauser
  Palmer Szymoniak Vilsack

  Nays, 26:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Hedge Iverson Jensen
  King Kramer Lundby Maddox
  McKean McKibben McLaren Redfern
  Redwine Rife Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 4:

  Dvorsky Gettings Rehberg Rensink

  Amendment S-3263 lost.

  Senator Neuhauser offered amendment S-3265 filed by her from
  the floor to pages 1, 7 and the title page of the bill and moved its
  adoption.
  73rd Day WEDNESDAY, MARCH 26, 1997 825
  Amendment S-3265 was adopted by a voice vote.

  Senator Borlaug offered amendment S-3226 filed by Senators
  Borlaug, et al., on March 25, 1997, to pages 1, 2 and the title page of
  the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3226 be adopted?" (S.F. 503)
  the vote was:

  Ayes, 37:

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

  Nays, 9:

  Dearden Dvorsky Halvorson Hammond
  Judge Lundby Neuhauser Szymoniak
  Tinsman

  Absent or not voting, 3:

  Gettings Rensink Rife

  Amendment S-3226 was adopted.

  Senator McCoy offered amendment S-3227 filed by him on March
  25, 1997, to pages 5-7 and the title page of the bill and moved its
  adoption.

  A record roll call was requested.
  826 JOURNAL OF THE SENATE 73rd Day
  On the question "Shall amendment S-3227 be adopted?" (S.F. 503)
  the vote was:

  Ayes, 16:

  Black, D. Connolly Dearden Deluhery
  Drake Dvorsky Fink Fraise
  Hammond Horn Judge Kibbie
  McCoy Neuhauser Szymoniak Vilsack

  Nays, 31:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Flynn
  Freeman Gronstal Halvorson Hansen
  Hedge Iverson Jensen King
  Kramer Lundby Maddox McKean
  McKibben McLaren Palmer Redfern
  Redwine Rehberg Rife Rittmer
  Schuerer Tinsman Zieman

  Absent or not voting, 2:

  Gettings Rensink

  Amendment S-3227 lost.

  Senator Neuhauser offered amendment S-3267 filed by her from
  the floor to page 5 and the title page of the bill and moved its
  adoption.

  Amendment S-3267 was adopted by a voice vote.

  Senator Szymoniak offered amendment S-3258 filed by her from
  the floor to pages 5 and 6 of the bill and moved its adoption.

  Amendment S-3258 was adopted by a voice vote.

  With the adoption of amendment S-3258, the Chair ruled
  amendment S-3210 filed by Senators McKean and Vilsack on March
  24, 1997, to page 6 of the bill, out of order.
  73rd Day WEDNESDAY, MARCH 26, 1997 827
  Senator Fraise offered amendment S-3253 filed by Senators
  Fraise, et al., on March 26, 1997, to page 7 and the title page of the
  bill.

  Senator McKibben raised the point of order that amendment S-
  3253 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3253 out
  of order.

  Senator Vilsack offered amendment S-3154 filed by him on March
  18, 1997, to pages 13, 14 and the title page of the bill and moved its
  adoption.

  Amendment S-3154 lost by a voice vote.

  Senator Hansen offered amendment S-3244 filed by him from the
  floor to page 13 of the bill.

  A record roll call was requested.

  On the question "Shall amendment S-3244 be adopted?" (S.F. 503)
  the vote was:

  Ayes, 40:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Dvorsky
  Fink Flynn Fraise Freeman
  Gronstal Halvorson Hammond Hansen
  Horn Iverson Judge Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McKibben Neuhauser
  Palmer Redwine Rehberg Rittmer
  Schuerer Szymoniak Vilsack Zieman

  Nays, 7:

  Drake Hedge Jensen McLaren
  Redfern Rife Tinsman

  Absent or not voting, 2:

  Gettings Rensink
  828 JOURNAL OF THE SENATE 73rd Day
  Amendment S-3244 was adopted.

  Senator Hansen offered amendment S-3245 filed by Senators
  Hansen, Fraise and Vilsack from the floor to page 14 and the title
  page of the bill.

  Senator McKibben raised the point of order that amendment S-
  3245 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3245 out
  of order.

  Senator Hammond offered amendment S-3269 filed by Senators
  Hammond and Dvorsky from the floor to page 5 and the title page of
  the bill.

  Senator McKibben raised the point of order that amendment S-
  3269 was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3269
  in order.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Drake for the remainder of the day on request of Senator Jensen.

  BUSINESS PENDING

  Senate File 503

  The Senate resumed consideration of Senate File 503.

  Senator Hammond moved the adoption of amendment S-3269.

  A record roll call was requested.

  On the question "Shall amendment S-3269 be adopted?" (S.F. 503)
  the vote was:
  73rd Day WEDNESDAY, MARCH 26, 1997 829
  Ayes, 21:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gronstal Halvorson Hammond Hansen
  Horn Judge Kibbie McCoy
  Neuhauser Palmer Szymoniak Tinsman
  Vilsack

  Nays, 24:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Freeman
  Hedge Iverson Jensen King
  Kramer Lundby Maddox McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rittmer Schuerer Zieman

  Absent or not voting, 4:

  Drake Gettings Rensink Rife

  Amendment S-3269 lost.

  Senator Vilsack offered amendment S-3271 filed by him from the
  floor to page 5 and the title page of the bill, moved its adoption and
  requested a record roll call.

  On the question "Shall amendment S-3271 be adopted?" (S.F. 503)
  the vote was:

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

  Ayes, 22:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gronstal Halvorson Hammond Hansen
  Horn Judge Kibbie Lundby
  McCoy Neuhauser Palmer Szymoniak
  Tinsman Vilsack
  830 JOURNAL OF THE SENATE 73rd Day
  Nays, 23:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Freeman
  Hedge Iverson Jensen King
  Kramer Maddox McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rittmer Schuerer Zieman

  Absent or not voting, 4:

  Drake Gettings Rensink Rife

  Amendment S-3271 lost.

  Senator Bartz filed the following motion to reconsider from the floor
  and moved its adoption:

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3258
  to Senate File 503 was adopted by the Senate on March 26, 1997.

  The motion prevailed by a voice vote and amendment S-3258 was
  taken up for reconsideration.

  Senator McKibben offered amendment S-3272 filed by Senators
  McKibben and Vilsack from the floor to amendment S-3258 and
  moved its adoption.

  Amendment S-3272 was adopted by a voice vote.

  Senator Neuhauser moved the adoption of amendment S-3258 as
  amended, which motion prevailed by a voice vote.

  Senator McKibben filed the following motion to reconsider from the
  floor and moved its adoption:

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3263
  to Senate File 503 failed to be adopted by the Senate on March 26, 1997.

  The motion prevailed by a voice vote and amendment S-3263 was
  taken up for reconsideration.

  Senator Neuhauser moved the adoption of amendment S-3263.
  73rd Day WEDNESDAY, MARCH 26, 1997 831
  A record roll call was requested.

  On the question "Shall amendment S-3263 be adopted?" (S.F. 503)
  the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Drake Gettings Rensink Rife

  Amendment S-3263 was adopted.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

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

  BUSINESS PENDING

  Senate File 503

  The Senate resumed consideration of Senate File 503.

  Senator McKibben moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.
  832 JOURNAL OF THE SENATE 73rd Day
  On the question "Shall the bill pass?" (S.F. 503) the vote was:

  Ayes, 42:

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

  Nays, 3:

  Connolly Dearden Hammond

  Absent or not voting, 4:

  Drake Gettings Rensink 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
  Senate File 503 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 24, 1997, passed the following bill in which the concurrence of
  the
  Senate is asked:

  House File 686, a bill for an act providing for the sale of unused
  highway right-of-way and other real property by the state department
  of transportation to past or present owners of affected property.

  This bill was read first time and passed on file.
  73rd Day WEDNESDAY, MARCH 26, 1997 833
  ALSO: That the House has on March 26, 1997, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 697, a bill for an act relating to certain procedures of
  the ethics and campaign disclosure board and filing requirements and
  certain requirements for use of campaign funds.

  This bill was read first time and passed on file.

  House File 707, a bill for an act relating to substance abuse
  evaluation and education, use of ignition interlock devices, motor
  vehicle license revocations and payment of restitution by certain
  drivers; to civil liability, forfeiture, and criminal penalties arising
  from operation of a motor vehicle by a person whose license is
  suspended, denied, revoked, or barred; and providing penalties.

  This bill was read first time and passed on file.
  834 JOURNAL OF THE SENATE 73rd Day
  APPENDIX

  ANNOUNCEMENT OF APPOINTMENTS

  The majority leader announced the following standing committee
  appointments to replace former Senator Jim Lind:

  Senator Bartz is appointed to the Local Government Committee.

  Senator Rehberg is removed from the Local Government Committee and appointed
  as a member of the Appropriations Committee.

  Senator Zieman to the Small Business, Economic Development, and Tourism
  Committee.

  Senator Kramer to the Education Committee.

  Senator Borlaug to the State Government Committee.

  Senator Douglas to the Transportation Committee.

  The president and majority leader announced the following
  appointment:

  Senator John P. Kibbie is appointed to the Investment Board of the IPERS.


  EXPLANATION OF VOTE

  MADAM PRESIDENT: I was necessarily abosent from the Senate chamber on
  March 26, 1997, when the vote was taken on Senate File 241.

  Had I been present, I would have vote "'aye''.

  ELAINE SZYMONIAK

  MOTIONS TO RECONSIDER

  MADAM PRSIDENT: I move to reconsider the vote by which Senate File 241
  passed
  the Senate on March 26, 1997.

  MERLIN E. BARTZ

  MADAM PRESIDENT: I move to reconsider the vote by which Senate File 241
  passed the Senate on March 26, 1997.

  DENNIS BLACK
  73rd Day WEDNESDAY, MARCH 26, 1997 835
  BILLS ASSIGNED TO COMMITTEE

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

  H. F.  113 Judiciary
  H. F.  449 Judiciary
  H. F.  542 Judiciary
  H. F.  551 Business and Labor
  H. F.  577 State Government
  H. F.  589 Business and Labor
  H. F.  599 Judiciary
  H. F.  600 Judiciary
  H. F.  615 Natural Resources & Env.
  H. F.  647 Commerce
  H. F.  658 Local Government
  H. F.  701 Commerce

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action: HOUSE FILE 133, a bill for an act relating to the
  offering of point
  of service plan options in certain health benefit plans.

  Recommendation: DO PASS.

  Final Vote: Ayes, 15: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn,
  Gronstal,
  Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 229, a bill for an act relatinjg to the
  availability of a
  map indicating the location of electric transmission lines related to the
  extension of a
  franchise.

  Recommendation: DO PASS.

  Final Vote: Ayes, 15: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn,
  Gronstal,
  Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:
  836 JOURNAL OF THE SENATE 73rd Day
  Final Bill Action: HOUSE FILE 275, a bill for an act relating to trademarks
  and
  service marks registered with the secretary of state.

  Recommendation: DO PASS.

  Final Vote: Ayes, 15: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn,
  Gronstal,
  Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 552, a bill for an act eliminating notice
  requirements relating to the location of certain electric transmission
  lines, wires, or
  cables.

  Recommendation: DO PASS.

  Final Vote: Ayes, 15: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn,
  Gronstal,
  Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


  AMENDMENTS FILED

  S(3252 S. F.  522 Nancy Boettger
  S(3253 S. F.  503 Eugene Fraise
  Steven D. Hansen
  Robert Dvorsky
  Johnie Hammond
  Tom Vilsack
  Dennis Black
  Patty Judge
  S(3254 S. F.  503 Jerry Behn
  Allen Borlaug
  S(3255 S. F.  503 Johnie Hammond
  Robert Dvorsky
  S(3256 S. F.  503 Johnie Hammond
  Robert Dvorsky
  S(3257 S. F.  503 Johnie Hammond
  Robert Dvorsky
  S(3258 S. F.  503 Elaine Szymoniak
  S(3259 S. F.  503 Johnie Hammond
  Robert Dvorsky
  S(3260 S. F.  503 Elaine Szymoniak
  73rd Day WEDNESDAY, MARCH 26, 1997 837
  S(3261 S. F.  503 Patrick J. Deluhery
  John P. Kibbie
  Mike Connolly
  Eugene Fraise
  Elaine Szymoniak
  Matt McCoy
  Bill Fink
  Johnie Hammond
  Tom Flynn
  Dennis Black
  Mary Neuhauser
  Don E. Gettings
  Steven D. Hansen
  Tom Vilsack
  Rod Halvorson
  Patty Judge
  Robert Dvorsky
  William D. Palmer
  Michael E. Gronstal
  Wally Horn
  Dick L. Dearden
  S(3262 S. F.  79 Derryl McLaren
  S(3263 S. F.  503 Mary Neuhauser
  S(3264 S. F.  515 Tom Vilsack
  S(3265 S. F.  503 Mary Neuhauser
  S(3266 S. F.  472 Tom Vilsack
  S(3267 S. F.  503 Mary Neuhauser
  S(3268 S. F.  503 Elaine Szymoniak
  S(3269 S. F.  503 Johnie Hammond
  Robert Dvorsky
  S(3270 S. F.  426 Steven D. Hansen
  S(3271 S. F.  503 Tom Vilsack
  S(3272 S. F.  503 Larry McKibben
  Tom Vilsack

  GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the En Bloc Calendar with recommendation for confirmation on March
  26,
  1997:
  838 JOURNAL OF THE SENATE 73rd Day
  COMMERCE

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

  Michael K. Guttau as Superintendent of Banking.

  James E. Forney as Superintendent of Credit Unions.

  Jay D. Stewart, Title Guaranty Division Board.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 11:22 p.m.,
  until 9:00 a.m., Thursday, March 27, 1997.

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