Senate Journal: Tuesday, April 8, 1997

  EIGHTY-SIXTH CALENDAR DAY
  FIFTIETH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, April 8, 1997


  The Senate met in regular session at 9:14 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Karl J. Giese, pastor of the
  United Methodist Church, Sac City, Iowa.

  The Journal of Monday, April 7, 1997, was approved.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senator Deluhery asked and received unanimous consent to take
  up for consideration Senate Resolution 6.

  1                    SENATE RESOLUTION 6
  2  by Deluhery, Palmer, Kramer, Szymoniak, McCoy,
  3 Maddox, Dearden, Angelo, Bartz, Behn, Black Of Jasper,
  4 Black Of Kossuth, Boettger, Borlaug, Connolly,
  5 Douglas, Drake, Dvorsky, Fink, Flynn, Fraise,
  6 Freeman, Gettings, Gronstal, Halvorson, Hammond,
  7 Hansen, Hedge, Horn, Iverson, Jensen, Judge, Kibbie,
  8 King, Lundby, Mckean, McKibben, McLaren, Neuhauser,
  9 Redfern, Redwine, Rehberg, Rensink, Rittmer,
  10 Schuerer, Tinsman, Vilsack, And Zieman
  11  A Resolution honoring Des Moines Mayor Arthur Davis for
  12 his many contributions to the city of Des Moines and
  13 the state of Iowa.
  14  WHEREAS, Mr. Arthur Davis, while growing up, in his
  15 own words, in "kind of a conservative Jewish home" in
  16 Sioux City, learned early from his mother that good
  17 deeds will be noticed, should not be bragged about,
  18 and will provide a barometer by which others may judge
  19 a person's accomplishments; and
  20  WHEREAS, Mr. Davis has since that time accrued an
  21 impressive list of accomplishments, including
  22 membership on the Des Moines Human Rights Commission
  1018 JOURNAL OF THE SENATE 86th Day
  23 from 1960 to 1963; membership on the Des Moines school
  24 board from 1963 to 1969, including serving as
  25 president of the board for two years; service as the
  26 president of Planned Parenthood of Iowa in 1976;
  27 service as president of the Greater Des Moines Chamber
  28 of Commerce Federation in 1979; fulfillment of an
  29 appointment by President Jimmy Carter in 1980 to the
  30 President's Holocaust Memorial Council; and service as

  Page 2

  1 the chairman of the Iowa Democratic Party from 1985 to
  2 1987; and
  3  WHEREAS, during these years, Mr. Davis was building
  4 one of Des Moines' largest, most influential, and
  5 prestigious law firms, now known as the firm of Davis,
  6 Brown, Koehn, Shors & Roberts, P.C., but which has
  7 most often been described through the years as "the
  8 Davis firm"; and
  9  WHEREAS, Mr. Davis' passion for community-building
  10 was evidenced by his decision to run for mayor of Des
  11 Moines in 1995; and
  12  WHEREAS, Mr. Davis brought civility, elegance, and
  13 a hearty, baritone voice to the office of mayor; and
  14  WHEREAS, Mr. Davis' fellow mayors in the Golden
  15 Circle of Des Moines have expressed their respect for
  16 him; applauded his concern for and efforts to
  17 strengthen the relationship between Des Moines and the
  18 suburban communities; praised his negotiating skills,
  19 gentlemanly manner, integrity, and vision; and noted
  20 the improvements and tough decisions Mr. Davis made in
  21 his brief tenure in the mayor's office; and
  22  WHEREAS, after learning of the recurrence of a
  23 life-threatening illness in the summer of 1996, Mr.
  24 Davis planned to serve out his term, but with much
  25 regret announced on March 30, 1997, that the illness
  26 forced him to make his decision to resign as mayor;
  27 and
  28  WHEREAS, although his time as mayor has been
  29 limited in duration, Mr. Davis will be remembered for
  30 his vigorous efforts to improve education, to

  Page 3

  1 implement a helpful police presence in the community,
  2 and to establish responsible budgetary practices; NOW
  3 THEREFORE,
  4  BE IT RESOLVED BY THE SENATE, That the Senate
  5 honors Mr. Arthur Davis for his many accomplishments,
  6 his deep commitment to community service, and for the
  7 benefits he brought to the city of Des Moines and all
  8 the citizens of Iowa;
  86th Day TUESDAY, APRIL 8, 1997 1019
  9  BE IT FURTHER RESOLVED, That the Senate wishes
  10 Mayor Davis strength, courage, and its hope that the
  11 comfort and attention offered by his family and many
  12 friends will support and sustain him; and
  13  BE IT FURTHER RESOLVED, That the Secretary of the
  14 Senate send copies of this Resolution to Mayor Arthur
  15 Davis and his family and to the Des Moines City
  16 Council.

  Senator Hedge took the chair at 9:24 a.m.

  Senator Deluhery moved the adoption of Senate Resolution 6,
  which motion prevailed by a voice vote.

  President Kramer took the chair at 9:30 a.m.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:32 a.m.,
  until 10:30 a.m.


  RECONVENED

  The Senate reconvened at 10:40 a.m., President Kramer presiding.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that House
  File 416 be referred from the Regular Calendar to the committee on
  Ways and Means.

  QUORUM CALL

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

  The vote revealed 36 present, 13 absent and a quorum present.

  The Senate stood at ease at 10:45 a.m., until the fall of the gavel for
  the purpose of party caucuses.
  1020 JOURNAL OF THE SENATE 86th Day
  The Senate resumed session at 11:36 a.m., President Kramer
  presiding.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Judge until she arrives on request of Senator Gronstal.

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS
  (Individual Confirmation Calendar)

  Senator Redfern called up the appointment of David J. Fisher as a
  member of the State Board of Regents, placed on the Individual
  Confirmation Calendar on March 31, 1997, and found on page 873 of
  the Senate Journal.

  Senator Redfern moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?"  the vote was:

  Ayes, 45:

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

  Nays, 2:

  Fraise Hammond

  Absent or not voting, 2:

  Judge McKibben
  86th Day TUESDAY, APRIL 8, 1997 1021
  The appointee having received a two-thirds vote was declared to
  have been confirmed by the Senate.

  Senator Szymoniak called up the appointment of Kim D. Schmett
  as Director of the Department of Inspections and Appeals, placed on
  the Individual Confirmation Calendar on February 27, 1997, for
  appointment on page 429, and for reappointment on March 27, 1997,
  and found on page 845 of the Senate Journal.

  Senator Szymoniak moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?"  the vote was:

  Ayes, 46:

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

  Nays, 1:

  Fink

  Absent or not voting, 2:

  Judge McKibben

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

  Senator Gronstal called up the appointment of Roger A. Halvorson
  as Administrator of Professional Licensing and Regulation, placed on
  the Individual Confirmation Calendar on March 6, 1997, and found
  on page 516 of the Senate Journal.
  1022 JOURNAL OF THE SENATE 86th Day
  Senator Gronstal moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?"  the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen 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, 2:

  Judge McKibben

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

  Senator Freeman called up the appointment of Ronald N. Langston
  as a member of the State Transportation Commission, placed on the
  Individual Confirmation Calendar on March 31, 1997, and found on
  page 853 of the Senate Journal.

  Senator Freeman moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?"  the vote was:

  Ayes, 44:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Connolly Dearden
  86th Day TUESDAY, APRIL 8, 1997 1023
  Deluhery Douglas Drake Fink
  Flynn Fraise Freeman Gettings
  Gronstal Halvorson Hansen Hedge
  Horn Iverson Jensen Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, 3:

  Black, D. Dvorsky Hammond

  Absent or not voting, 2:

  Judge McKibben

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

  Senator Bartz called up the appointment of Randal Giannetto as a
  member of the Environmental Protection Commission, placed on the
  Individual Confirmation Calendar on April 7, 1997, and found on
  page 1002 of the Senate Journal.

  Senator Bartz moved that the foregoing appointment be confirmed
  by the Senate

  On the question "Shall the appointee be confirmed?"  the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Kibbie King Kramer
  Lundby Maddox McCoy McKean
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman
  1024 JOURNAL OF THE SENATE 86th Day
  Nays, 1:

  Fink

  Absent or not voting, 2:

  Judge McKibben

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

  HOUSE MESSAGES RECEIVED

  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 8, 1997, passed the following bills in which the concurrence of
  the House
  was asked:

  Senate File 126, a bill for an act allowing a supervised, controlled
  burn for which a permit has been issued during an open burning ban.

  Senate File 300, a bill for an act relating to the prohibited sale of
  home testing kits for the human immunodeficiency virus.

  ALSO: That the House has on April 8, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 236, a bill for an act relating to the certificate of need
  program (S-3421).

  RECESS

  On motion of Senator Iverson, the Senate recessed at 12:10 p.m.,
  until 1:45 p.m.
  86th Day TUESDAY, APRIL 8, 1997 1025
  APPENDIX

  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
  2 and
  8, 1997:

  HUMAN RESOURCES

  APRIL 8, 1997:

  Margaret Susan Cigelman, Athletic Trainer Advisory Board.

  Betty Jean (BJ) Furgerson, Iowa Council on Human Investment.

  Lannie L. Miller, Mental Health and Developmental Disabilities Commission.

  JUDICIARY

  APRIL 2, 1997:

  Curtis S. Jenkins, Board of Parole.

  Rachelle L.K. Johnson, Drug Abuse Prevention and Education Advisory Council.

  Jack L. Morlan, Iowa State Civil Rights Commission.

  Joseph W. Hanrahan, Narcotics Enforcement Advisory Council.

  APRIL 8, 1997

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

  Elizabeth A. Mathis, Commission on Judicial Qualifications.

  Marvin L. Van Haaften, Criminal and Juvenile Justice Planning Advisory
  Council.

  Mohamad W. Khan and Robert L. Smith, Jr., Iowa State Civil Rights
  Commission.

  Terry A. Sweeney, Narcotics Enforcement Advisory Council.

  GOVERNOR'S APPOINTEES PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the Individual Confirmation Calendar with recommendation for
  confirmation:
  1026 JOURNAL OF THE SENATE 86th Day
  COMMERCE

  APRIL 3, 1997:

  Allan T. Thoms, Chair of the Utilities Board.

  HUMAN RESOURCES

  APRIL 8, 1997:

  Albert G. Sorensen, Council on Human Services.

  SUBCOMMITTEE ASSIGNMENTS

  Senate Resolution 6

  STATE GOVERNMENT: Deluhery, Chair; Rittmer and Szymoniak

  Senate File 228

  LOCAL GOVERNMENT: Angelo, Chair; Fraise and Zieman

  Senate File 426

  LOCAL GOVERNMENT: Angelo, Chair; Behn and Fraise

  House File 416

  WAYS AND MEANS: Drake, Chair; Maddox and Palmer

  House File 434

  LOCAL GOVERNMENT: J. Black, Chair; Hansen and Zieman

  House File 581

  LOCAL GOVERMENT: Behn, Chair; Connolly and Zieman

  PRESENTATION OF VISITORS

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

  Twenty-nine seventh, eighth and ninth grade students from
  Holmes Junior High, Cedar Falls, accompanied by Dave Andreasen
  and Rona Messmore. Senator Redfern.
  86th Day TUESDAY, APRIL 8, 1997 1027
  Thirty-nine twelfth grade students from Ruthven-Ayrshire High
  School, Ruthven, accompanied by Jon Jospheson and Mr. Vosberg.
  Senator Kibbie.

  Fifth grade students from Rex Mathes Elementary, West Des
  Moines, accompanied by Thalya Hanson. Senator Kramer.

  AMENDMENTS FILED

  S(3412 H. F.  335 Maggie Tinsman
  S(3413 S. F.  339 Neal Schuerer
  S(3414 H. F.  133 Mary A. Lundby
  Michael E. Gronstal
  Merlin E. Bartz
  Patty Judge
  Steven D. Hansen
  H. Kay Hedge
  John W. Jensen
  Patrick J. Deluhery
  William D. Palmer
  Wilmer Rensink
  Eugene S. Fraise
  Jack Rife
  S(3415 S. F.  453 Maggie Tinsman
  S(3416 S. F.  365 Steven D. Hansen
  S(3417 S. F.  478 Neal Schuerer
  S(3418 H. F.  597 Maggie Tinsman
  Nancy Boettger
  Mary Neuhauser
  John Redwine
  S(3419 H. F.  655 Robert E. Dvorsky
  S(3420 H. F.  132 Donald B. Redfern
  S(3421 S. F.  236 House amendment
  S(3422 H. F.  625 John P. Kibbie
  Wilmer Rensink
  Neal Schuerer
  Bill Fink
  Elaine Szymoniak
  Steven D. Hansen
  Jeff Angelo
  Nancy Boettger
  1028 JOURNAL OF THE SENATE 86th Day
  Mary Lou Freeman
  Merlin E. Bartz
  S(3423 H. F.  557 Michael E. Gronstal
  S(3424 S. F.  339 Neal Schuerer
  86th Day TUESDAY, APRIL 8, 1997 1029
  AFTERNOON SESSION

  The Senate reconvened at 1:55 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 38 present, 11 absent and a quorum present.

  CONSIDERATION OF BILL
  (Regular Calendar)

  House File 687

  On motion of Senator Rehberg, 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, with report
  of committees on Agriculture and Ways and Means recommending
  passage, was taken up for consideration.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Palmer until he arrives on request of Senator Gronstal.

  BUSINESS PENDING

  House File 687

  The Senate resumed consideration of House File 687.

  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. 687) the vote was:
  1030 JOURNAL OF THE SENATE 86th Day
  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 4:

  Fraise Judge McKibben Palmer

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

  Senator Rehberg asked and received unanimous consent that
  Senate File 502 be withdrawn from further consideration of the
  Senate.

  UNFINISHED BUSINESS
  (Deferred April 7, 1997)

  Senate File 529

  The Senate resumed consideration of 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, deferred
  April 7, 1997 (amendment S-3393 by Senator Flynn pending).

  Senator Halvorson offered amendment S-3406 filed by him on
  April 7, 1997, to page 5 of the bill and moved its adoption.

  A non record roll call was requested.
  86th Day TUESDAY, APRIL 8, 1997 1031
  The ayes were 18, nays 28.

  Amendment S-3406 lost.

  Senator McCoy offered amendment S-3408 filed by him on April 7,
  1997, to page 11 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3408 be adopted?" (S.F. 529)
  the vote was:

  Ayes, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn 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 McLaren Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Judge McKibben Rife

  Amendment S-3408 lost.

  Senator Connolly offered amendment S-3407 filed by him on April
  7, 1997, to pages 19 and 20 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3407 be adopted?" (S.F. 529)
  the vote was:
  1032 JOURNAL OF THE SENATE 86th Day
  Ayes, 16:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Flynn Fraise Gettings
  Gronstal Halvorson Hammond Hansen
  Horn Kibbie Neuhauser Szymoniak

  Nays, 30:

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

  Absent or not voting, 3:

  Judge McKibben Palmer

  Amendment S-3407 lost.

  The Senate resumed consideration of amendment S-3393 by
  Senator Flynn to page 20 of the bill, previously deferred.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-3393 and Senate File 529 be deferred.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  House File 655

  On motion of Senator Borlaug, House File 655, a bill for an act
  appropriating funds to the department of economic development,
  certain board of regents institutions, the department of workforce
  development, the public employment relations board, making
  statutory changes, and providing an effective date, with report of
  committee recommending amendment and passage, was taken up for
  consideration.
  86th Day TUESDAY, APRIL 8, 1997 1033
  Senator Borlaug offered amendment S-3308 filed by the
  committee on Appropriations on April 1, 1997, to pages 2, 7, 8, 11, 14-
  16, 18 and 19 of the bill.

  Senator Vilsack offered amendment S-3366 filed by him on April
  7, 1997, to amendment S-3308 and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3366 to amendment S-
  3308 be adopted?" (H.F. 655) the vote was:

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 2:

  Judge McKibben

  Amendment S-3366 lost.

  Senator Borlaug offered amendment S-3389 filed by Senators
  Borlaug and McLaren to amendment S-3308 and moved its
  adoption.

  Amendment S-3389 was adopted by a voice vote.
  1034 JOURNAL OF THE SENATE 86th Day
  Senator Borlaug moved the adoption of amendment S-3308 as
  amended.

  Amendment S-3308 as amended was adopted by a voice vote.

  Senator Rife withdrew amendment S-3429 filed by him from the
  floor to pages 2 and 16 of the bill.

  Senator Vilsack offered amendment S-3411 filed by him on April
  7, 1997, to page 3 of the bill, moved its adoption and requested a
  record roll call.

  On the question "Shall amendment S-3411 be adopted?" (H.F. 655)
  the vote was:

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

  Ayes, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn 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 McLaren Redfern Redwine
  Rehberg Rensink Rife Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Judge McKibben Rittmer

  Amendment S-3411 lost.
  86th Day TUESDAY, APRIL 8, 1997 1035
  Senator Vilsack offered amendment S-3428 filed by him from the
  floor to page 3 of the bill and moved its adoption.

  Amendment S-3428 was adopted by a voice vote.

  Senator Szymoniak withdrew amendment S-3409 filed by her on
  April 7, 1997, to page 4 of the bill.

  Senator Vilsack offered amendment S-3321 filed by him on April
  1, 1997, to pages 4 and 17 of the bill, moved its adoption and
  requested a record roll call.

  On the question "Shall amendment S-3321 be adopted?" (H.F. 655)
  the vote was:

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 2:

  Judge McKibben

  Amendment S-3321 lost.

  The Chair announced that with the previous adoption of
  amendment S-3308 as amended, amendments S-3318 and S-3320
  filed by Senator Vilsack on April 1, 1997, to pages 8 and 15 of the bill,
  were out of order.
  1036 JOURNAL OF THE SENATE 86th Day
  Senator Vilsack withdrew amendment S-3322 filed by him on
  April 1, 1997, to pages 8 and 15 of the bill.

  Senator Flynn offered amendment S-3385 filed by Senators Flynn
  and Vilsack on April 7, 1997, to page 13 of the bill, moved its adoption
  and requested a record roll call.

  On the question "Shall amendment S-3385 be adopted?" (H.F. 655)
  the vote was:

  Ayes, 19:

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

  Nays, 26:

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

  Absent or not voting, 4:

  Judge McCoy McKibben Rife

  Amendment S-3385 lost.

  Senator Vilsack offered amendment S-3319 filed by him on April
  1, 1997, to page 14 of the bill, moved its adoption and requested a
  record roll call.

  On the question "Shall amendment S-3319 be adopted?" (H.F. 655)
  the vote was:

  Ayes, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  86th Day TUESDAY, APRIL 8, 1997 1037
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Kibbie McCoy
  Neuhauser Palmer Szymoniak Vilsack

  Nays, 27:

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

  Absent or not voting, 2:

  Judge McKibben

  Amendment S-3319 lost.

  Senator Flynn offered amendment S-3387 filed by him on April 7,
  1997, to page 14 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3387 be adopted?" (H.F. 655)
  the vote was:

  Ayes, 20:

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

  Nays, 26:

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

  Absent or not voting, 3:

  Drake Judge McKibben
  1038 JOURNAL OF THE SENATE 86th Day
  Amendment S-3387 lost.

  Senator Dvorsky offered amendment S-3419 filed by him from the
  floor to page 16 of the bill and moved its adoption.

  Amendment S-3419 was adopted by a voice vote.

  Senator Borlaug offered amendment S-3388 filed by Senators
  Borlaug and McLaren on April 7, 1997, to page 17 of the bill and
  moved its adoption.

  Amendment S-3388 was adopted by a voice vote.

  Senator Borlaug offered amendment S-3346 filed by Senators
  Borlaug and McLaren on April 2, 1997, to page 18 of the bill and
  moved its adoption.

  Amendment S-3346 was adopted by a voice vote.

  Senator Gronstal asked and received unanimous consent that
  action on House File 655 be deferred.

  BUSINESS PENDING

  Senate File 529

  The Senate resumed consideration of 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 and
  amendment S-3393 by Senator Flynn to page 20 of the bill,
  previously deferred.

  Senator Flynn moved the adoption of amendment S-3393 and
  requested a non record roll call.

  The ayes were 20, nays 27.

  Amendment S-3393 lost
  86th Day TUESDAY, APRIL 8, 1997 1039
  Senator Lundby 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. 529) the vote was:

  Ayes, 39:

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

  Nays, 8:

  Dearden Dvorsky Fink Gronstal
  Halvorson Hammond Hansen McCoy

  Absent or not voting, 2:

  Judge McKibben

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

  INTRODUCTION OF BILL

  Senate File 536, by committee on Ways and Means, a bill for an
  act increasing the tuition and textbook tax credit to twenty percent of
  the first one thousand dollars of K through 12 tuition and textbook
  expenses and providing a retroactive applicability date.

  Read first time and placed on Ways and Means Calendar.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 529 be immediately messaged to the House.
  1040 JOURNAL OF THE SENATE 86th Day
  HOUSE MESSAGE RECEIVED

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

  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 8, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  Senate File 205, a bill for an act relating to continued eligibility
  under the new jobs and income program concerning the ownership of
  land by nonresident aliens and certain capital investment and job
  creation provisions.

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

  The Senate resumed session at 6:02 p.m., President Kramer
  presiding.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 687 be immediately messaged to the House.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senate File 533

  On motion of Senator Maddox, Senate File 533, a bill for an act
  relating to and making appropriations to the justice system and
  providing effective dates, was taken up for consideration.

  Senator Iverson asked and received unanimous consent to take up
  out of order amendment S-3396.

  Senator Dvorsky offered amendment S-3396 filed by Senators
  Dvorsky, Vilsack and Fraise on April 7, 1997, to page 11 of the bill,
  moved its adoption and requested a record roll call.
  86th Day TUESDAY, APRIL 8, 1997 1041
  On the question "Shall amendment S-3396 be adopted?" (S.F. 533)
  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, 27:

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

  Absent or not voting, 2:

  Gettings McKibben

  Amendment S-3396 lost.

  Senator Iverson asked and received unanimous consent to take up
  out of order amendment S-3400.

  Senator Vilsack offered amendment S-3400 filed by him from the
  floor to page 7 of the bill and moved its adoption.

  A non record roll call was requested.

  The ayes were 21, nays 26.

  Amendment S-3400 lost.

  Senator Iverson asked and received unanimous consent that action
  on Senate File 533 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Vilsack for the remainder of the day on request of Senator Gronstal.
  1042 JOURNAL OF THE SENATE 86th Day
  BUSINESS PENDING

  House File 655

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

  Senator Judge offered amendment S-3410 filed by her on April 7,
  1997, to page 3 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3410 be adopted?" (H.F. 655)
  the vote was:

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3410 lost.

  Senator Borlaug 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.
  86th Day TUESDAY, APRIL 8, 1997 1043
  On the question "Shall the bill pass?" (H.F. 655) the vote was:

  Ayes, 43:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Freeman 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 Tinsman Zieman

  Nays, 4:

  Fink Fraise Gronstal Szymoniak

  Absent or not voting, 2:

  McKibben Vilsack

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

  Senator Iverson asked and received unanimous consent that House
  File 655 be immediately messaged to the House.

  President pro tempore Redfern took the chair at 7:06 p.m.

  BUSINESS PENDING

  Senate File 533

  The Senate resumed consideration of Senate File 533, a bill for an
  act relating to and making appropriations to the justice system and
  providing effective dates, previously deferred.
  1044 JOURNAL OF THE SENATE 86th Day
  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-3368 filed by Senators Dvorsky and Fraise
  on April 7, 1997, to page 2 of the bill.

  Senator Gronstal offered amendment S-3378 filed by Senators
  Gronstal, et al., on April 7, 1997, to pages 4 and 19 of the bill, moved
  its adoption and requested a record roll call.

  On the question "Shall amendment S-3378 be adopted?" (S.F. 533)
  the vote was:

  Ayes, 22:

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

  Nays, 25:

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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3378 lost.

  Senator Maddox offered amendment S-3430 filed by Senators
  Maddox, et al., from the floor to page 4 of the bill and moved its
  adoption.

  Amendment S-3430 was adopted by a voice vote.
  86th Day TUESDAY, APRIL 8, 1997 1045
  Senator Halvorson offered amendment S-3380 filed by Senators
  Halvorson, et al., on April 7, 1997, to page 8 of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3380 be adopted?" (S.F. 533)
  the vote was:

  Ayes, 21:

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

  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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3380 lost.

  Senator Fraise offered amendment S-3365 filed by Senators
  Fraise and Hansen on April 7, 1997, to page 8 of the bill and moved
  its adoption.

  Amendment S-3365 lost by a voice vote.

  President Kramer took the chair at 8:12 p.m.
  1046 JOURNAL OF THE SENATE 86th Day
  Senator Hansen offered amendment S-3433 filed by Senators
  Hammond and Hansen from the floor to page 11 of the bill and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3433 be adopted?" (S.F. 533)
  the vote was:

  Ayes, 21:

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

  Nays, 26:

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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3433 lost.

  Senator Fink offered amendment S-3434 filed by Senators Fink, et
  al., from the floor to page 11 of the bill.

  Senator Maddox asked and received unanimous consent that action
  on amendment S-3434 be deferred.

  Senator Dvorsky offered amendment S-3372 filed by him on April
  7, 1997, to page 16 of the bill and moved its adoption.

  Amendment S-3372 was adopted by a voice vote.
  86th Day TUESDAY, APRIL 8, 1997 1047
  Senator Bartz offered amendment S-3386 filed by Senators Bartz
  and Flynn on April 7, 1997, to page 16 of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3386 be adopted?" (S.F. 533)
  the vote was:

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

  Ayes, 26:

  Bartz Black, D. Black, J. Connolly
  Dearden Deluhery Dvorsky Fink
  Flynn Gettings Gronstal Halvorson
  Hammond Hansen Horn Iverson
  Jensen Judge Kibbie Lundby
  McCoy Neuhauser Palmer Rehberg
  Rife Szymoniak

  Nays, 21:

  Angelo Behn Boettger Borlaug
  Douglas Drake Fraise Freeman
  Hedge King Kramer Maddox
  McKean McLaren Redfern Redwine
  Rensink Rittmer Schuerer Tinsman
  Zieman

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3386 was adopted.

  The Senate stood at ease at 8:45 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 8:57 p.m., President Kramer
  presiding.

  BUSINESS PENDING

  Senate File 533

  The Senate resumed consideration of Senate File 533.
  1048 JOURNAL OF THE SENATE 86th Day
  Senator Iverson 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-3386
  to Senate File 533 was adopted by the Senate on April 8, 1997.

  A record roll call was requested.

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

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

  Ayes, 26:

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

  Nays, 19:

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

  Absent or not voting, 4:

  Bartz Judge McKibben Vilsack

  The motion prevailed and amendment S-3386 was taken up for
  reconsideration.

  Senator Bartz moved the adoption of amendment S-3386.

  A record roll call was requested.
  86th Day TUESDAY, APRIL 8, 1997 1049
  On the question "Shall amendment S-3386 be adopted?" (S.F. 533)
  the vote was:

  Ayes, 20:

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

  Nays, 25:

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

  Absent or not voting, 4:

  Bartz McKibben Rife Vilsack

  Amendment S-3386 lost.

  The Senate stood at ease at 9:12 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 9:45 p.m., President Kramer
  presiding.

  BUSINESS PENDING

  Senate File 533

  The Senate resumed consideration of Senate File 533.

  Senator Fraise offered amendment S-3371 filed by Senators
  Fraise and Dvorsky on April 7, 1997, to page 19 of the bill and moved
  its adoption.

  Amendment S-3371 was adopted by a voice vote.
  1050 JOURNAL OF THE SENATE 86th Day
  Senator Dvorsky withdrew amendment S-3401 filed by him on
  April 7, 1997, to page 19 of the bill.

  Senator Maddox offered amendment S-3379 filed by him on April
  7, 1997, to page 20 of the bill and moved its adoption.

  Amendment S-3379 was adopted by a voice vote.

  Senator Black of Jasper offered amendment S-3394 filed by him
  on April 7, 1997, to page 24 of the bill, moved its adoption and
  requested a record roll call.

  On the question "Shall amendment S-3394 be adopted?" (S.F. 533)
  the vote was:

  Ayes, 21:

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

  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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3394 lost.

  Senator Dvorsky offered amendment S-3367 filed by him on April
  7, 1997, to page 24 of the bill.

  Senator Dvorsky asked and received unanimous consent that action
  on amendment S-3367 be deferred.
  86th Day TUESDAY, APRIL 8, 1997 1051
  Senator Rife withdrew amendment S-3432 filed by him from the
  floor to pages 26 and 30 of the bill.

  Senator Dvorsky offered amendment S-3370 filed by Senators
  Dvorsky and Fraise on April 7, 1997, to page 28 of the bill, moved its
  adoption and requested a record roll call.

  On the question "Shall amendment S-3370 be adopted?" (S.F. 533)
  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
  Tinsman

  Nays, 26:

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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3370 lost.

  Senator Hansen offered amendment S-3435 filed by Senators
  Hansen, et al., from the floor to pages 30, 31 and 34 of the bill, moved
  its adoption and requested a record roll call.

  On the question "Shall amendment S-3435 be adopted?" (S.F. 533)
  the vote was:

  Ayes, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  1052 JOURNAL OF THE SENATE 86th Day
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Palmer Szymoniak

  Nays, 27:

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

  Absent or not voting, 2:

  McKibben Vilsack

  Amendment S-3435 lost.

  Senator Dvorsky offered amendment S-3369 filed by Senators
  Dvorsky and Fraise on April 7, 1997, to page 31 of the bill and moved
  its adoption.

  Amendment S-3369 was adopted by a voice vote.

  Senator Fraise offered amendment S-3377 filed by Senators
  Fraise, McKean and Dvorsky on April 7, 1997, to page 31 of the bill
  and moved its adoption.

  Amendment S-3377 was adopted by a voice vote.

  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-3373 filed by Senators Dvorsky and Fraise
  on April 7, 1997, to pages 33 and 34 of the bill.

  The Senate resumed consideration of amendment S-3434 by
  Senators Fink, et al., to page 11 of the bill, previously deferred.

  Senator Iverson offered amendment S-3436 filed by him from the
  floor to amendment S-3434 and moved its adoption.
  86th Day TUESDAY, APRIL 8, 1997 1053
  Amendment S-3436 to amendment S-3434 was adopted by a
  voice vote.

  Senator Fink moved the adoption of amendment S-3434 as
  amended, which motion prevailed by a voice vote.

  Senator Dvorsky withdrew amendment S-3367 to page 24 of the
  bill, previously deferred.

  Senator Iverson asked and received unanimous consent that action
  on Senate File 533 be deferred.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  House File 688

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

  Senator Lundby asked and received unanimous consent that action
  on House File 688 be deferred.

  House File 653

  On motion of Senator Black of Jasper, House File 653, a bill for an
  act relating to financial assurance requirements for waste tire
  collection and processing sites, with report of committee
  recommending passage, was taken up for consideration.

  Senator Black of Jasper 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.
  1054 JOURNAL OF THE SENATE 86th Day
  On the question "Shall the bill pass?" (H.F. 653) the vote was:

  Ayes, 47:

  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 McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Zieman

  Nays, none.

  Absent or not voting, 2:

  McKibben Vilsack

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

  BUSINESS PENDING

  Senate File 533

  The Senate resumed consideration of Senate File 533, a bill for an
  act relating to and making appropriations to the justice system and
  providing effective dates, previously deferred.

  Senator Dvorsky offered amendment S-3438 filed by Senators
  Dvorsky and Maddox from the floor to page 33 of the bill and moved
  its adoption.

  Amendment S-3438 was adopted by a voice vote.

  Senator Maddox 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.
  86th Day TUESDAY, APRIL 8, 1997 1055
  On the question "Shall the bill pass?" (S.F. 533) the vote was:

  Ayes, 47:

  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 McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Zieman

  Nays, none.

  Absent or not voting, 2:

  McKibben Vilsack

  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 533 and House 653 be immediately messaged to the
  House.

  BILLS REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  Files 534 and 535 be referred from the Unfinished Business
  Calendar to the committee on Human Resources and that Senate
  File 536 be referred from the Ways and Means Calendar to the
  committee on Ways and Means.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:
  1056 JOURNAL OF THE SENATE 86th Day
  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 8, 1997, passed the following bills in which the concurrence of
  the Senate
  is asked:

  House File 708, a bill for an act relating to agriculture and natural
  resources by providing for appropriations, related statutory changes,
  and providing an effective date.

  This bill was read first time and passed on file.

  House File 710, a bill for an act relating to and making
  appropriations to the department for the blind, the Iowa state civil
  rights commission, the department of elder affairs, the Iowa
  department of public health, the department of human rights, the
  governor's alliance on substance abuse, and the commission of
  veterans affairs, and providing an effective date.

  This bill was read first time and passed on file.
  86th Day TUESDAY, APRIL 8, 1997 1057
  APPENDIX

  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 410, a bill for an act relating to the Iowa
  higher
  education loan authority by eliminating the limit on the amount of its
  obligations that
  may be outstanding for purposes of funding capital projects and allowing the
  authority
  to issue tuition anticipation notes and obligations to finance projects to
  be leased to an
  institution.

  Recommendation: DO PASS.

  Final Vote: Ayes, 13: Douglas, Palmer, Borlaug, Connolly, Deluhery, Drake,
  Freeman, Hedge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Nays, none.
  Absent or not voting, 2: McKibben and Judge.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 416, a bill for an act relating to regulation
  of trucks
  and certain other large motor vehicles, including maximum vehicle weights,
  defining
  terms, providing effective dates, and making penalties applicable.

  Recommendation: DO PASS.

  Final Vote: Ayes, 13: Douglas, Palmer, Borlaug, Connolly, Deluhery, Drake,
  Freeman, Hedge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Nays, none.
  Absent or not voting, 2: McKibben and Judge.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 536 (SSB 253), a bill for an act increasing
  the
  tuition and textbook tax credit to twenty percent of the first one thousand
  dollars of K
  through 12 tuition and textbook expenses and providing a retroactive
  applicability
  date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Douglas, Palmer, Borlaug, Connolly, Deluhery, Drake,
  Freeman, Hedge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Nays, none.
  Absent or not voting, 2: McKibben and Judge.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.
  1058 JOURNAL OF THE SENATE 86th Day
  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Ways and Means Committee on
  Senate
  File 536 and they were attached to the committee report.

  PRESENTATION OF VISITORS

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

  Eighth grade students from Westwood Community School, Sloan,
  accompanied by Steve Tower. Senator Redwine.

  Senator Gronstal welcomed the Honorable Gene Kennedy, former
  member of the House and Senate from Dubuque, who was present in
  the Senate chamber.

  BILL ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of House File 319 to
  the committee on Education.

  AMENDMENTS FILED

  S(3425 H. F.  702 Nancy Boettger
  S(3426 H. F.  611 Steven D. Hansen
  S(3427 H. F.  597 Tom Vilsack
  S(3428 H. F.  655 Tom Vilsack
  S(3429 H. F.  655 Jack Rife
  S(3430 S. F.  533 O. Gene Maddox
  Derryl McLaren
  Mary Lou Freeman
  Maggie Tinsman
  Mary A. Lundby
  Robert E. Dvorsky
  Nancy Boettger
  Andy McKean
  Mary E. Kramer
  Tom Flynn
  S(3431 H. F.  597 Tom Vilsack
  S(3432 S. F.  533 Jack Rife
  S(3433 S. F.  533 Johnie Hammond
  86th Day TUESDAY, APRIL 8, 1997 1059
  Steven D. Hansen
  S(3434 S. F.  533 Bill Fink
  Mike Connolly
  Eugene S. Fraise
  Patrick J. Deluhery
  Steven D. Hansen
  John P. Kibbie
  Dick L. Dearden
  Matt McCoy
  Mary Neuhauser
  Dennis H. Black
  Michael E. Gronstal
  Don Gettings
  William D. Palmer
  Patty Judge
  Wally E. Horn
  S(3435 S. F.  533 Steven D. Hansen
  Patrick J. Deluhery
  Tom Flynn
  Matt McCoy
  John P. Kibbie
  S(3436 S. F.  533 Stewart Iverson, Jr.
  S(3437 S. F.  329 JoAnn Douglas
  S(3438 S. F.  533 Robert E. Dvorsky
  O. Gene Maddox

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 11:23 p.m.,
  until 9:00 a.m., Wednesday, April 9, 1997.

Iowa General Assembly

Index: Senate Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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