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Senate Journal: Monday, April 7, 1997

  EIGHTY-FIFTH CALENDAR DAY
  FORTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, April 7, 1997


  The Senate met in regular session at 1:13 p.m., President Kramer
  presiding.

  Prayer was offered by Father S. Mark Osterhaus, pastor of the St.
  Paul's Catholic Church, Worthington, Iowa.

  The Journal of Thursday, April 3, 1997, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Deluhery until he arrives on request of Senator Gronstal; Senator
  McKibben for April 7 and 8, 1997, on request of Senator Iverson; Senator
  Angelo until
  he arrives on request of Senator Rehberg; Senator Freeman until she arrives
  on
  request of Senator Lundby and Senator McLaren until he arrives on request of
  Senator Rife.

  QUORUM CALL

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

  The vote revealed 35 present, 14 absent and a quorum present.

  UNFINISHED BUSINESS CALENDAR

  Senate File 411

  On motion of Senator Boettger, Senate File 411, a bill for an act
  relating to the sale, lease, or other disposition of property belonging to
  a school district or area education agency and providing an
  immediate
  978 JOURNAL OF THE SENATE 85th
  Day
  effective date and placed on the Unfinished Business Calendar on
  April 3, 1997, was taken up for consideration.

  Senator Boettger offered amendment S-3240 filed by her on
  March 26, 1997, to page 2 of the bill and moved its adoption.

  Amendment S-3240 was adopted by a voice vote.

  Senator Boettger asked and received unanimous consent that
  House File 405 be substituted  for Senate File 411 as amended.

  House File 405

  On motion of Senator Boettger, House File 405, a bill for an act
  relating to the sale, lease, or other disposition of property belonging to
  a school district or area education agency and providing an immediate
  effective date, was taken up for consideration.

  Senator Boettger offered amendment S-3241 filed by her on
  March 26, 1997, to page 2 of the bill and moved its adoption.

  Amendment S-3241 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (H.F. 405) the vote was:

  Ayes, 44:

  Bartz Behn Black, D. Black, J.
  Boettger Borlaug Connolly Dearden
  Douglas Drake Dvorsky Fink
  Flynn Fraise Gettings Gronstal
  Halvorson Hammond Hansen Hedge
  Horn Iverson Jensen Judge
  Kibbie King Kramer Lundby
  Maddox McCoy McKean Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman
  85th Day MONDAY, APRIL 7, 1997 979
  Nays, none.

  Absent or not voting, 5:

  Angelo Deluhery Freeman McKibben
  McLaren

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

  Senator Boettger asked and received unanimous consent that
  Senate File 411 be withdrawn from further consideration of the
  Senate.

  UNFINISHED BUSINESS CALENDAR
  (Pending March 18, 1997)

  Senate File 246

  The Senate resumed consideration of Senate File 246, a bill for an
  act relating to snowmobiles and all-terrain vehicles by requiring title
  certificates, increasing snowmobile and all- terrain vehicle
  registration fees, and providing for point of sale registration, with
  report of committee on Ways and Means recommending passage on
  March 25, 1997.

  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. 246) the vote was:

  Ayes, 34:

  Bartz Behn Black, J. Boettger
  Borlaug Dearden Douglas Drake
  Fink Flynn Gettings Halvorson
  Hammond Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lundby Maddox McKean
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman
  980 JOURNAL OF THE SENATE 85th Day
  Nays, 10:

  Black, D. Connolly Dvorsky Fraise
  Gronstal Hansen McCoy Neuhauser
  Szymoniak Vilsack

  Absent or not voting, 5:

  Angelo Deluhery Freeman McKibben
  McLaren

  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 246 and House File 405 be immediately messaged to
  the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 200

  On motion of Senator Vilsack, House File 200, a bill for an act
  relating to nonsubstantive Code corrections, with report of committee
  recommending passage, was taken up for consideration.

  Senator Vilsack 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. 200) the vote was:

  Ayes, 44:

  Bartz Behn Black, D. Black, J.
  Boettger Borlaug Connolly Dearden
  Douglas Drake Dvorsky Fink
  Flynn Fraise Gettings Gronstal
  Halvorson Hammond Hansen Hedge
  Horn Iverson Jensen Judge
  Kibbie King Kramer Lundby
  85th Day MONDAY, APRIL 7, 1997 981
  Maddox McCoy McKean Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 5:

  Angelo Deluhery Freeman McKibben
  McLaren

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

  House File 228

  On motion of Senator Black of Kossuth, 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, with report of committee
  recommending passage, was taken up for consideration.

  Senator Black of Kossuth 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. 228) the vote was:

  Ayes, 43:

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

  Nays, none.
  982 JOURNAL OF THE SENATE 85th Day
  Absent or not voting, 6:

  Angelo Deluhery Freeman McCoy
  McKibben McLaren

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

  House File 244

  On motion of Senator Rehberg, House File 244, a bill for an act
  relating to the county debt service fund, with report of committee
  recommending passage, was taken up for consideration.

  Senator Rehberg 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. 244) the vote was:

  Ayes, 43:

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

  Nays, 1:

  Black, J.

  Absent or not voting, 5:

  Deluhery Freeman McKibben McLaren
  Rife
  85th Day MONDAY, APRIL 7, 1997 983
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 200, 228 and 244 be immediately messaged to the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 4

  On motion of Senator Behn, House File 4, a bill for an act relating
  to the office of city assessor in certain counties, with report of
  committee recommending passage, was taken up for consideration.

  Senator Behn 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. 4) the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren
  984 JOURNAL OF THE SENATE 85th Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  House File 370

  On motion of Senator Palmer, House File 370, a bill for an act
  relating to workers' compensation benefits for professional athletes
  and providing an effective date, with report of committee
  recommending passage, was taken up for consideration.

  Senator Palmer 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. 370) the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 4 and 370 be immediately messaged to the House.
  85th Day MONDAY, APRIL 7, 1997 985
  CONFIRMATION OF GOVERNOR'S APPOINTMENTS
  (En Bloc Confirmation Calendar)

  Senator Iverson requested that Lois R. Kotz, Loren M. Wakefield
  and Charles Palmer be removed from the "En Bloc Confirmation
  Calendar" and placed on the "Individual Confirmation Calendar."

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

  Sylvia Tijerina, Administrator of the Division of Latino Affairs.

  Timothy J. Galm, Agricultural Development Authority.

  Martin R. Edwards, Board of Behavioral Science Examiners.

  Michael F. Kronfeldt, Board of Cosmetology Arts and Sciences
  Examiners.

  Martha J. Cumpton and Velma Huebner as Board of Educational
  Examiners.

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

  Diane M. Cardwell, Board of Physician Assistant Examiners.

  Susan M. Cosmer, City Development Board.

  Robert J. Martin, Commission for the Blind.

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

  Arthur P. Silva, Commission on Judicial Qualifications.

  Darrel Rensink, Director of Transportation.

  William A. Ehm, Rozanne E. King and Terrance G. Townsend,
  Environmental Protection Commission.

  Lee S. Miller, Health Facilities Council.
  986 JOURNAL OF THE SENATE 85th Day
  Austin B. Turner, Iowa Council on Human Investment.

  Julie J. Bulkeley, Frederick W. Hagemann and William B. Trent,
  Jr., Iowa Economic Development Board.

  Margaret D. Collison, Iowa Finance Authority.

  Carol A. Garrett, Iowa Seed Capital Corporation.

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

  Richard A. Garrels and Anthony L. Hough, Natural Resource
  Commission.

  Dr. Alfred Healy and Melva J. Urban, Prevention of Disabilities
  Policy Council.

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

  Peggy J. Trevino, Small Business Advisory Council.

  William J. Niedert, State Board for Respiratory Care.

  Jerry R. Foxhoven and Lil M. Perry, State Citizen Foster Care
  Review Board.

  Russell L. Brandes, State Soil Conservation Committee.

  Sister M. Catherine Dunn, State Transportation Commission.

  James E. Forney, Superintendent of Credit Unions.

  Emmit J. George, Jr., Utilities Board.

  Senator Iverson moved that the foregoing appointees be confirmed
  by the Senate.

  On the question "Shall the appointees be confirmed?" the vote was:
  85th Day MONDAY, APRIL 7, 1997 987
  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 368

  On motion of Senator Flynn, House File 368, a bill for an act
  relating to the establishment of the entrepreneurial ventures
  assistance program and allocating funds from the Iowa strategic
  investment fund for the administration and operation of the program,
  with report of committee recommending passage, was taken up for
  consideration.

  Senator Flynn 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. 368) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  988 JOURNAL OF THE SENATE 85th Day
  Dearden Douglas Drake Dvorsky
  Fink Flynn Fraise Gettings
  Gronstal Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge Kibbie King Kramer
  Lundby Maddox McCoy McKean
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  House File 398

  On motion of Senator Schuerer, House File 398, a bill for an act
  relating to subject matter under the regulatory authority of the labor
  commissioner, including the construction contractors law, and making
  nonsubstantive Code corrections relating to the child labor law, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Schuerer 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. 398) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Douglas Drake Dvorsky
  Fink Flynn Fraise Gettings
  Gronstal Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge Kibbie King Kramer
  85th Day MONDAY, APRIL 7, 1997 989
  Lundby Maddox McCoy McKean
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 368 and 398 be immediately messaged to the House.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  House Concurrent Resolution 20

  On motion of Senator Drake, House Concurrent Resolution 20, a
  concurrent resolution proclaiming the creation of the Iowa Veterans
  Foundation, with report of committee recommending passage, was
  taken up for consideration.

  Senator Drake moved the adoption of House Concurrent Resolution
  20, which motion prevailed by a voice vote.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 399

  On motion of Senator Horn, House File 399, a bill for an act
  relating to inspections of unfired steam pressure vessels, with report
  of committee recommending passage was taken up for consideration.
  990 JOURNAL OF THE SENATE 85th Day
  Senator Horn 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. 399) the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  House File 401

  On motion of Senate Behn, 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, with report of committee recommending
  passage was taken up for consideration.

  Senator Behn 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. 401) the vote was:
  85th Day MONDAY, APRIL 7, 1997 991
  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 399, 401 and House Concurrent Resolution 20 be
  immediately messaged to the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 589

  On motion of Senator Gettings, 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,
  with report of committee recommending passage was taken up for
  consideration.

  Senator Hammond asked and received unanimous consent that
  action on House File 589 be deferred.
  992 JOURNAL OF THE SENATE 85th Day
  House File 645

  On motion of Senator McKean, House File 645, a bill for an act
  relating to the financial and regulatory procedures of counties, cities,
  and drainage districts, by amending the powers and duties of county
  treasurers and including an effective date provision, with report of
  committee recommending amendment and passage, was taken up for
  consideration.

  Senator McKean offered amendment S-3298 filed by the
  committee on Local Government on March 31, 1997, to pages 6 and 7
  of the bill and moved its adoption.

  Amendment S-3298 was adopted by a voice vote.

  Senator Boettger offered amendment S-3358 filed by Senators
  Boettger and Fraise on April 3, 1997, to page 1 of the bill and moved
  its adoption.

  Amendment S-3358 was adopted by a voice vote.

  Senator McKean 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. 645) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Douglas Drake Dvorsky
  Fink Flynn Fraise Gettings
  Gronstal Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge Kibbie King Kramer
  Lundby Maddox McCoy McKean
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman
  85th Day MONDAY, APRIL 7, 1997 993
  Nays, none.

  Absent or not voting, 4:

  Deluhery Freeman McKibben McLaren

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

  House File 542

  On motion of Senator Angelo, House File 542, a bill for an act to
  prohibit acts by inmates of jails or correctional institutions which
  result in contact with bodily fluids or secretions or the casting or
  expelling of bodily fluids or secretions on jail and correctional
  employees, and providing penalties, with report of committee
  recommending passage, was taken up for consideration.

  Senator Hansen offered amendment S-3351 filed by him on April
  2, 1997, to page 1 and the title page of the bill and moved its adoption.

  Amendment S-3351 was adopted by a voice vote.

  Senator Vilsack asked and received unanimous consent that action
  on House File 542 be deferred.

  House File 92

  On motion of Senator Rehberg, House File 92, a bill for an act
  relating to eligibility for receipt of moneys under the school
  improvement technology program, with report of committee
  recommending amendment and passage, was taken up for
  consideration.

  Senator Connolly offered amendment S-3109 filed by the
  committee on Education on March 4, 1997, to page 1 of the bill and
  moved its adoption.

  Amendment S-3109 was adopted by a voice vote.
  994 JOURNAL OF THE SENATE 85th Day
  Senator Rehberg 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. 92) the vote was:

  Ayes, 45:

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

  Nays, 1:

  Gronstal

  Absent or not voting, 3:

  Deluhery Freeman McKibben

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

  House File 313

  On motion of Senator Szymoniak, House File 313, a bill for an act
  requiring criminal and child abuse record checks of persons receiving
  state funding for providing child day care, and making a penalty
  applicable, with report of committee recommending passage, was
  taken up for consideration.

  Senator Szymoniak moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.
  85th Day MONDAY, APRIL 7, 1997 995
  On the question "Shall the bill pass?" (H.F. 313) the vote was:

  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 3:

  Deluhery Freeman McKibben

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 92, 313 and 645 be immediately messaged to the House.

  BUSINESS PENDING

  House File 589

  The Senate resumed consideration of 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,
  previously deferred.

  Senator Hammond offered amendment S-3376 filed by her from
  the floor to page 7 of the bill.
  996 JOURNAL OF THE SENATE 85th Day
  Senator Gettings raised the point of order that amendment S-3376
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3376 out
  of order.

  Senator Gettings 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. 589) the vote was:

  Ayes, 46:

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

  Nays, 1:

  Hammond

  Absent or not voting, 2:

  Freeman McKibben

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

  House File 372

  On motion of Senator Rittmer, House File 372, a bill for an act
  establishing a county issuance of motor vehicle licenses study and
  providing effective dates, with report of committee recommending
  passage, was taken up for consideration.
  85th Day MONDAY, APRIL 7, 1997 997
  Senator Rittmer moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 372) the vote was:

  Ayes, 45:

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

  Nays, 1:

  Black, D.

  Absent or not voting, 3:

  Deluhery Freeman McKibben

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 372 and 589 be immediately messaged to the House.

  The Senate stood at ease at 4:10 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:32 p.m., President Kramer
  presiding.
  998 JOURNAL OF THE SENATE 85th Day
  REPORTS OF COMMITTEEE MEETINGS

  AGRICULTURE

  Convened: April 3, 1997, 8:50 a.m.

  Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking
  Member;
  Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg and Zieman.

  Members Absent: Angelo, Rife and Vilsack (all excused).

  Committee Business: Recommended passage of House File 336.

  Adjourned: 9:05 a.m.

  APPROPRIATIONS

  Convened: April 3, 1997, 1:06 p.m.

  Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson,
  Hedge,
  Horn, Jensen, Lundby, Maddox, McCoy, Rehberg, Rensink, Rittmer and Tinsman

  Members Absent: Hammond, Neuhauser, Rife and Vilsack (all excused).

  Committee Business: Approved SSBs 248 and 250 as committee bills.

  Adjourned: 1:40 p.m.

  COMMERCE

  Convened: April 3, 1997, 2:45 p.m.

  Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member;
  Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox and Redfern.

  Members Absent: McCoy, Palmer and Rife (all excused).

  Committee Business: Recommended passage of House File 637; recommended
  confirmation of governor's appointee to individual confirmation calendar.

  Adjourned: 2:49 p.m.

  HUMAN RESOURCES

  Convened: April 3, 1997, 11:35 a.m.

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

  Members Absent: Vilsack (excused).
  85th Day MONDAY, APRIL 7, 1997 999
  Committee Business: Recommended passage of House Files 698, 702 and 492.

  Recessed: 12:03 p.m.

  Reconvened: April 3, 1997, 1:50 p.m.

  Members Present: Boettger, Chair; Redwine, Vice Chair; Behn, J. Black,
  Dearden,
  Rensink, Schuerer and Tinsman.

  Members Absent: Szymoniak, Ranking Member; Bartz, Dvorsky, Hammond and
  Vilsack (excused).

  Committee Business: Recommended passage of House File 376.

  Adjourned: 1:55 p.m.

  JUDICIARY

  Convened: April 3, 1997, 7:45 a.m.

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

  Members Absent: Neuhauser, Ranking Member and Vilsack (both excused).

  Committee Business: Assigned a bill to a subcommittee; recommended passage
  of
  House Files 449 and 643; recommended passage of House File 693 as amended.

  Recessed: 9:20 a.m.

  Reconvened: April 3, 1997, 2:40 p.m.

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

  Members Absent: Neuhauser, Ranking Member and Vilsack (both excused).

  Committee Business: Recommended passage of House File 707 as amended;
  recommended passage of House Files 662, 674 and 666.

  Adjourned: 3:45 p.m.

  LOCAL GOVERNMENT

  Convened: April 3, 1997, 9:40 a.m.

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

  Members Absent: none.
  1000 JOURNAL OF THE SENATE 85th Day
  Committee Business: Recommended passage of House Files 616, 178, 680, 658,
  485
  and 456.

  Adjourned: 10:45 a.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: April 3, 1997, 10:48 a.m.

  Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D.
  Black, J. Black, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge,
  McKibben,
  Rehberg and Zieman.

  Members Absent: Borlaug (excused).

  Committee Business: Recommended confirmation of governor's appointees and
  recommended passage of Senate Concurrent Resolution 12.

  Adjourned: 11:08 a.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

  Convened: April 3, 1997, 10:18 a.m.

  Members Present: Rittmer, Chair; Lundby, Vice Chair; Hansen, Ranking Member;
  Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Schuerer
  and
  Zieman.

  Members Absent: none.

  Committee Business: Recommended confirmation of governor's appointee;
  assigned
  bills to subcommittees; recommended passage of House Files 367 and 613.

  Adjourned: 10:50 a.m.

  STATE GOVERNMENT

  Convened: April 3, 1997, 9:57 a.m.

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

  Members Absent: Rife.

  Committee Business: Recommended passage of House Files 697, 577, 439 and
  House Concurrent Resolution 20; recommended passage of House File 540 as
  amended; presentation on deferred compensation by the director of the
  department of
  personnel.

  Adjourned: 10:42 a.m.
  85th Day MONDAY, APRIL 7, 1997 1001
  TRANSPORTATION

  Convened: April 3, 1997, 11:36 a.m.

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

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; recommended passage of
  House Files 450, 685 and 704; recommended passage of House File 692 as
  amended.

  Adjourned: 12:22 p.m.

  WAYS AND MEANS

  Convened: April 3, 1997, 2:12 p.m.

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

  Members Absent: McLaren, Szymoniak and Vilsack (all excused).

  Committee Business: Assigned bills to subcommittees and recommended passage
  of
  House Files 642 and 687.

  Adjourned: 2:39 p.m.


  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 April
  3,
  1997:

  NATURAL RESOURCES AND ENVIRONMENT

  Kathryn A. Murphy and Randal J. Giannetto, Environmental Protection
  Commission.

  Jacklyn K. Van Ekeren, Iowa Comprehensive Petroleum Underground Storage
  Tank Fund Board.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT &TOURISM

  Michael A. Fesler, Small Business Advisory Council.

  PLACEMENTS ON INDIVIDUAL CONFIRMATION CALENDAR
  1002 JOURNAL OF THE SENATE 85th Day
  MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the name
  of Randal J. Giannetto to the Environmental Protection Commission be removed
  from
  the "En Bloc Confirmation Calender" and placed on the "Individual
  Confirmation
  Calendar."

  MARY KRAMER

  MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the name
  of Michael A. Fesler to the Small Business Advisory Council be removed from
  the "En
  Bloc Confirmation Calender" and placed on the "Individual Confirmation
  Calendar."

  MICHAEL E. GRONSTAL

  STUDY BILL RECEIVED

  SSB 265 Appropriations

  Relating to and making supplemental appropriations for the fiscal
  year beginning July 1, 1996, and providing an effective date.

  EXPLANATION OF VOTES

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  2, 1997.

  Had I been present, I would have voted "aye" on Senate Files 515, 522, 466
  and 495.

  JOHN P. KIBBIE

  SUBCOMMITTEE ASSIGNMENTS

  House File 58

  BUSINESS AND LABOR: Zieman, Chair; Dearden and Freeman

  House File 333

  LOCAL GOVERNMENT: Zieman, Chair; Behn and Dearden

  PETITION

  The following petition was presented and placed on file by:

  Senator McLaren from 94 residents of Cass County supporting the
  state funding of public libraries throughout Iowa.
  85th Day MONDAY, APRIL 7, 1997 1003
  BILLS SIGNED BY THE GOVERNOR

  Communications were received announcing that on April 3, 1997,
  the governor approved and transmitted to the secretary of state the
  following bills:

  S.F. 233 ( Concerning eligible alternative retirement benefit systems for
  newly
  employed community college employees, and providing an applicability date.

  S.F. 272 ( Relating to the implementation of certain assistance programs of
  the
  Department of Economic Development.

  S.F. 292 ( Relating to cooperative corporations, by providing for the
  transfer of
  stock, the allocation of patronage dividends upon termination of membership,
  and
  dissolution.

  S.F. 299 ( Relating to cooperative associations and corportations by
  providing for
  operations and procedures, including providing for mergers, and providing an
  effective
  date.

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action: HOUSE FILE 336, a bill for an act providing for the
  assessment of
  lands owned by the department of natural resources within levee and drainage
  districts.

  Recommendation: DO PASS.

  Final Vote: Ayes, 12: Rensink, J. Black, Judge, Bartz, Behn, D. Black,
  Fraise,
  Gettings, Hedge, Kibbie, Rehberg and Zieman. Nays, none. Absent or not
  voting, 3:
  Angelo, Rife and Vilsack.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action: 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.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3363.

  Final Vote: Ayes, 13: McKean, Maddox, Angelo, Boettger, Drake, Fraise,
  Halvorson,
  Hammond, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or
  not voting, 2: Neuhauser and Vilsack.
  1004 JOURNAL OF THE SENATE 85th Day
  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
  following bill has been enrolled, signed by the President of the Senate and
  the Speaker
  of the House, and presented to the Governor for his approval on this 7th day
  of April,
  1997:

  Senate File 189.

  MARY PAT  GUNDERSON
  Secretary of the Senate

  CERTIFICATES OF RECOGNITION

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

  Chad Marzen, Dougherty ( For your accomplishment of winning the State
  Spelling
  Bee. Senator Borlaug (3-31-97).

  Crestwood Girls' basketball team: coaches, players and managers ( For taking
  your
  team to the state tournament. Senator Borlaug (4-3-97).

  Fredericksburg Boys' basketball team: coaches, players and managers ( For
  taking
  your team to the state tournament. Senator Borlaug (4-3-97).

  St. Ansgar Boys' basketball team: coaches, players and managers ( For taking
  your
  team to the state tournament. Senator Borlaug (4-3-97).

  James S. Flansburg, Des Moines ( For speaking at the Pioneer Lawmakers Joint
  Session, April 2, 1997. Senator Kibbie. (4-3-97).

  Jan Mitchell, Marshalltown ( For Iowa Teacher of the Year. Senator Tinsman
  (4-9-
  97).

  AMENDMENTS FILED

  S(3363 H. F.  707 Judiciary
  S(3364 S. F.  530 Mike Connolly
  S(3365 S. F  533 Eugene Fraise
  Steven D. Hansen
  S(3366 H. F.  655 Tom Vilsack
  S(3367 S. F.  533 Robert E. Dvorsky
  85th Day MONDAY, APRIL 7, 1997 1005
  S(3368 S. F.  533 Robert E. Dvorsky
  Eugene Fraise
  S(3369 S. F.  533 Robert E. Dvorsky
  Eugene Fraise
  S(3370 S. F.  533 Robert E. Dvorsky
  Eugene Fraise
  S(3371 S. F.  533 Eugene Fraise
  Robert E. Dvorsky
  S(3372 S. F.  533 Robert E. Dvorsky
  S(3373 S. F.  533 Robert E. Dvorsky
  Eugene Fraise
  S(3374 S. F.  529 Rodney Halvorson
  S(3375 H. F.  515 Dick L. Dearden
  S(3376 H. F.  589 Johnie Hammond
  S(3377 S. F.  533 Eugene Fraise
  Andy McKean
  Robert E. Dvorsky
  S(3378 S. F.  533 Michael E. Gronstal
  Mary Lou Freeman
  Mary A. Lundby
  Robert E. Dvorsky
  S(3379 S. F.  533 O. Gene Maddox
  S(3380 S. F.  533 Rodney Halvorson
  Robert E. Dvorsky
  Eugene Fraise
  S(3381 S. F.  293 House amendment
  S(3382 S. F.  109 House amendment
  S(3383 S. F.  529 Rod Halvorson
  S(3384 S. F.  379 House amendment
  S(3385 H. F.  655 Tom Flynn
  Tom Vilsack
  S(3386 S. F.  533 Merlin E. Bartz
  Tom Flynn
  S(3387 H. F.  655 Tom Flynn
  S(3388 H. F.  655 Allen Borlaug
  Derryl McLaren
  S(3389 H. F.  655 Allen Borlaug
  Derryl McLaren
  S(3390 H. F.  542 Tom Visack
  1006 JOURNAL OF THE SENATE 85th Day
  QUORUM CALL

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

  The vote revealed 37 present, 12 absent and a quorum present.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senate File 529

  On motion of Senator Lundby, Senate File 529, a bill for an act
  relating to and making appropriations to certain state departments,
  agencies, funds, and certain other entities, providing for regulatory
  authority, and other properly related matters, was taken up for
  consideration.

  Senator Halvorson offered amendment S-3374 filed by him from
  the floor to page 3 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3374 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 21:

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

  Nays, 26:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Hedge Iverson Jensen King
  Kramer Lundby Maddox McKean
  McLaren Redfern Redwine Rehberg
  85th Day MONDAY, APRIL 7, 1997 1007
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 2:

  Freeman McKibben

  Amendment S-3374 lost.

  Senator Halvorson offered amendment S-3383 filed by him from
  the floor to page 5 of the bill, moved its adoption and requested a
  record roll call.

  On the question "Shall amendment S-3383 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 19:

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

  Nays, 28:

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

  Absent or not voting, 2:

  Freeman McKibben

  Amendment S-3383 lost.

  Senator Rife offered amendment S-3392 filed by him from the
  floor to page 12 of the bill.
  1008 JOURNAL OF THE SENATE 85th Day
  Senator McCoy raised the point of order that amendment S-3392
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3392 out
  of order.

  Senator Flynn asked and received unanimous consent that action
  on amendment S-3393 filed by him from the floor to page 20 of the
  bill be temporarily deferred.

  Senator Rife offered amendment S-3391 filed by him from the
  floor to page 21 of the bill.

  Senator Gronstal raised the point of order that amendment S-
  3391 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3391 out
  of order.

  Senator McCoy offered amendment S-3398 filed by him from the
  floor to page 1 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3398 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 21:

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

  Nays, 26:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Hedge Iverson Jensen King
  Kramer Lundby Maddox McKean
  McLaren Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman
  85th Day MONDAY, APRIL 7, 1997 1009
  Absent or not voting, 2:

  Freeman McKibben

  Amendment S-3398 lost.

  Senator McCoy withdrew amendment S-3397 filed by him from
  the floor to page 5 of the bill.

  Senator McCoy offered amendment S-3399 filed by him from the
  floor to pages 6 and 19 of the bill, moved its adoption and requested a
  record roll call.

  On the question "Shall amendment S-3399 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 21:

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

  Nays, 26:

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

  Absent or not voting, 2:

  Freeman McKibben

  Amendment S-3399 lost.

  Senator Hammond offered amendment S-3402 filed by her from
  the floor to page 20 of the bill, moved its adoption and requested a
  non record roll call.
  1010 JOURNAL OF THE SENATE 85th Day
  The ayes were 20, nays 26.

  Amendment S-3402 lost.

  Senator Vilsack offered amendment S-3403 filed by him from the
  floor to page 19 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3403 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 41:

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

  Nays, 7:

  Drake Iverson King Kramer
  Lundby McLaren Rife

  Absent or not voting, 1:

  McKibben

  Amendment S-3403 was adopted.

  Senator Connolly offered amendment S-3404 filed by him from the
  floor to page 9 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3404 be adopted?" (S.F. 529)
  the vote was:
  85th Day MONDAY, APRIL 7, 1997 1011
  Ayes, 16:

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

  Nays, 32:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Deluhery
  Douglas Drake Freeman Gettings
  Hansen Hedge Iverson Jensen
  King Kramer Lundby Maddox
  McKean McLaren Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Tinsman Vilsack Zieman

  Absent or not voting, 1:

  McKibben

  Amendment S-3404 lost.

  Senator Vilsack offered amendment S-3405 filed by him from the
  floor to page 21 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3405 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 20:

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

  Nays, 28:

  Angelo Bartz Behn Black, J.
  Borlaug Douglas Drake Dvorsky
  Freeman Hedge Iverson Jensen
  King Kramer Lundby Maddox
  1012 JOURNAL OF THE SENATE 85th Day
  McKean McLaren Neuhauser Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Zieman

  Absent or not voting, 1:

  McKibben

  Amendment S-3405 lost.

  Senator Iverson asked and received unanimous consent that action
  on Senate File 529 be deferred.

  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 April 7, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  Senate File 104, a bill for an act relating to a minimum age
  requirement for a coaching authorization issued by the state board of
  educational examiners.

  ALSO: That the House has on April 7, 1997, amended and passed the following
  bills
  in which the concurrence of the Senate is asked:

  Senate File 109, a bill for an act relating to workers' compensation
  coverage for employment outside of the state (S-3382).

  Senate File 293, a bill for an act increasing the property damage
  limit for mandatory reporting of motor vehicle accidents (S-3381).

  Senate File 379, a bill for an act providing for maintenance and
  repair of out-of-state commercial vehicles and providing an effective
  date (S-3384).

  ALSO: That the House has on April 7, 1997, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 355, a bill for an act relating to the tax exemption of
  active duty pay of national guard or armed forces military reserve
  personnel for certain foreign service and providing an effective date.
  85th Day MONDAY, APRIL 7, 1997 1013
  This bill was read first time and passed on file.

  House File 626, a bill for an act relating to the property tax levy
  allowed certain fire districts.

  This bill was read first time and passed on file.

  House File 651, a bill for an act to establish separate recycling
  funds for each prison institution within the state treasury and
  making related changes.

  This bill was read first time and passed on file.

  House File 659, a bill for an act relating to the regulation of the
  practice of respiratory care.

  This bill was read first time and passed on file.

  BILLS REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that the
  following bills on the Senate Calendar no longer eligible under Joint
  Rule 20 be referred to committee (bills are listed in the order in which
  they appeared on the April 7, 1997, Senate Calendar):

  S. F.  23 Transportation
  S. F.  86 State Government
  S. F. 225 State Government
  S. F. 228 Local Government
  S. F.  17 Natural Resources and Environment
  S. F. 252 State Government
  S. F. 291 Agriculture
  S. F. 294 Education
  S. F. 375 State Government
  S. F. 380 State Government
  S.J.R.  14 State Government
  S. F. 396 State Government
  S. F. 401 Education
  S. F.  99 State Government
  S. F. 419 Transportation
  S. F. 421 Judiciary
  S. F. 422 State Government
  1014 JOURNAL OF THE SENATE 85th Day
  S. F. 423 State Government
  S. F. 424 State Government
  S. F. 425 State Government
  S. F. 426 Local Government
  S. F. 430 State Government
  S. F. 434 Local Government
  S. F. 436 Judiciary
  S. F. 437 Education
  S. F. 438 Transportation
  S. F. 322 State Government
  S. F. 329 Commerce
  S. F. 337 State Government
  S. F. 443 Judiciary
  S. F. 450 Human Resources
  S. F. 455 Judiciary
  S. F. 458 Business and Labor
  S. F. 461 Human Resources
  S. F. 464 Education
  S. F. 465 Commerce
  S. F. 471 Natural Resources and Environment
  S. F. 211 State Government
  S. F. 477 State Government
  S. F. 479 Human Resources
  S. F. 483 Education
  S. F. 484 Agriculture
  S. F. 486 State Government
  S. F. 489 Human Resources
  S. F. 493 Judiciary
  S. F. 496 Judiciary
  S. F. 498 State Government
  S. F. 509 State Government
  S. F. 512 Judiciary
  S. F. 514 State Government
  S. F. 520 State Government
  S. F. 525 Human Resources
  S. F. 527 Commerce
  S.C.R.   9 Rules and Administration
  85th Day MONDAY, APRIL 7, 1997 1015
  APPENDIX

  BILLS ASSIGNED TO COMMITTEE

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

  H. F.  355 Ways and Means
  H. F.  626 Ways and Means
  H. F.  651 Appropriations

  AMENDMENTS FILED

  S(3391 S. F.  529 Jack Rife
  S(3392 S. F.  529 Jack Rife
  S(3393 S. F.  529 Tom Flynn
  S(3394 S. F.  533 Dennis H. Black
  S(3395 H. F.  625 Bill Fink
  S(3396 S. F.  533 Robert Dvorsky
  Tom Vilsack
  Eugene Fraise
  S(3397 S. F.  529 Matt McCoy
  S(3398 S. F.  529 Matt McCoy
  S(3399 S. F.  529 Matt McCoy
  S(3400 S. F.  533 Tom Vilsack
  S(3401 S. F.  533 Robert Dvorsky
  S(3402 S. F.  529 Johnie Hammond
  S(3403 S. F.  529 Tom Vilsack
  S(3404 S. F.  529 Mike Connolly
  S(3405 S. F.  529 Tom Vilsack
  S(3406 S. F.  529 Rod Halvorson
  S(3407 S. F.  529 Mike Connolly
  S(3408 S. F.  529 Matt McCoy
  S(3409 H. F.  655 Elaine Szymoniak
  S(3410 H. F.  655 Patty Judge
  S(3411 H. F.  655 Tom Vilsack

  COMMITTEE REPORT

  STATE GOVERNMENT
  1016 JOURNAL OF THE SENATE 85th Day
  Final Bill Action: SENATE RESOLUTION 6, a resolution honoring Des Moines
  Mayor Arthur Davis for his many contributions to the city of Des Moines and
  the state
  of Iowa.

  Recommendation: DO PASS.

  Final Vote: Ayes, 14: Rittmer, Lundby, Kibbie, Borlaug, Deluhery, Drake,
  Fink,
  Gronstal, Halvorson, King, McLaren, Rife, Szymoniak and Tinsman. Nays, none.
  Absent or not voting, 1: McKibben.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 7:20 p.m.,
  until 9:00 a.m., Tuesday, April 8, 1997.















  CORRECTION TO THE SENATE JOURNAL OF
  WEDNESDAY, APRIL 2, 1997

  Page 935, the bill referred from the Senate calendar to the committee on
  Ways and
  Means should be been Senate File 256.

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