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NINETY-SECOND CALENDAR DAY FIFTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 14, 1997 The Senate met in regular session at 10:14 a.m., President Kramer presiding. Prayer was offered by the Honorable H. Kay Hedge, member of the Senate from Mahaska County, Fremont, Iowa. The Journal of Thursday, April 10, 1997, was approved. QUORUM CALL Senator Boettger requested a non record roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent and a quorum present. HOUSE AMENDMENT CONSIDERED Senate File 433 Senator Fraise called up for consideration Senate File 433, a bill for an act relating to the definition and location of a land-leased community, amended by the House and moved that the Senate concur in House amendment S-3296 filed March 31, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Fraise moved that the bill as amended by the House and concurred in by the Senate, 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. 92nd Day MONDAY, APRIL 14, 1997 1129 On the question "Shall the bill pass?" (S.F. 433) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie Kramer Lundby Maddox McCoy McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Connolly King McKean McKibben Rife The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. UNFINISHED BUSINESS CALENDAR Senate File 339 On motion of Senator Schuerer, Senate File 339, a bill for an act relating to the delay of the repeal for the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date and placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Schuerer offered amendment S-3248 filed by him on March 26, 197, to strike everything after the enacting clause and to the title page of the bill and moved its adoption. Amendment S-3248 was adopted by a voice vote. 1130 JOURNAL OF THE SENATE 92nd Day Senator Schuerer asked and received unanimous consent that House File 550 be substituted for Senate File 339 as amended. House File 550 On motion of Senator Schuerer, House File 550, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date, was taken up for consideration. Senator Dvorsky asked and received unanimous consent that action on House File 550 be deferred. CONFIRMATION OF GOVERNOR'S APPOINTMENTS In accordance with Senate Rule 59, Senator Iverson called up the following eligible appointees on the En Bloc Confirmation Calendar: Mary J. Ackerman, Accountancy Examining Board. Kevin W. Monson, Architectural Examining Board. Margaret Susan Cigelman, Athletic Trainer Advisory Board. Dorothy A. Anderson, Board of Behavioral Science Examiners. Norma J. Papik, Board of Chiropractic Examiners. Dr. Barbara A. Scheetz, Board of Optometry Examiners. Curtis S. Jenkins, Board of Parole. Alice B. Price, Board of Physical and Occupational Therapy Examiners. William L. Connet and Rita J. Taylor, Board of Physician Assistant Examiners. Elizabeth A. Mathis, Commission on Judicial Qualifications. Jack F. Purcell, Commission on the Deaf. Marcia J. Stark, Community Health Management Information System Governing Board. 92nd Day MONDAY, APRIL 14, 1997 1131 David M. Roederer and Marvin L. Van Haaften, Criminal and Juvenile Justice Planning Advisory Council. Rachelle L.K. Johnson, Drug Abuse Prevention and Education Advisory Council. Kathryn A. Murphy, Environmental Protection Commission. Mary E. Gesiriech, First in the Nation in Education Foundation Governing Board. Betty Jean (BJ) Furgerson, Iowa Council on Human Investment. Julie-Anita Ingoli, Iowa Emergency Response Commission. Thomas C. Lillquist, Iowa Law Enforcement Academy Council. Blanca G. Flores, Mohamad W. Khan, Jack L. Morlan and Robert L. Smith, Jr., Iowa State Civil Rights Commission. Lannie L. Miller, Mental Health and Developmental Disabilities Commission. Joseph W. Hanrahan, Deanne K. Raley and Terry A. Sweeney, Narcotics Enforcement Advisory Council. Georganna T. Hinrichsen, Prevention of Disabilities Policy Council. Russell D. Nading, Real Estate Commission. Max A. Phillips, Small Business Advisory Council. Dr. Gregory A. Hicklin, State Board for Respiratory Care. Gary A. Kirchhof, State Board of Examiners for Nursing Home Administrators. Stanley S. Wierson and Kathryn M. Youberg, State Citizen Foster Care Review Board. Michael K. Guttau, Superintendent of Banking. Jay D. Stewart, Title Guaranty Division Board. 1132 JOURNAL OF THE SENATE 92nd Day Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Connolly McKean Rife The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. The Senate stood at ease at 10:35 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:55 a.m., President pro tempore Redfern presiding. RECESS On motion of Senator Iverson, the Senate recessed at 11:56 a.m., until 1:00 p.m. 92nd Day MONDAY, APRIL 14, 1997 1133 APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Coach Mike Gerleman and the Creston High School Panthers ( For winning the 1997 Class 3-A Boys' basketball state championship. Senator Angelo (3-22-97). Creston High School Athletic Director Curt Olson, athletes and fans ( For winning the sportsmanship award during the 1997 Boys' basketball state tournament. Senator Angelo (3-22-97). Ben Gerleman and Kyle McCann, Creston ( For being named co-captains of the Class 3-A Boys' basketball all-tournament team. Senator Angelo (3-22-97). Carlisle High School Jazz Band ( For winning the division 2-A jazz band championship. Senator Fink (4-7-97). Sioux City North High Jazz I Band ( For receiving 1st place recognition at the 1997 Iowa jazz band championships. Senator Hansen (4-9-97). Justin Kisor, Sioux City ( For being recognized as the outstanding trumpet soloist at the 1997 Iowa jazz band championships. Senator Hansen (4-9-97). Rick Stone, Sioux City ( For being recognized as the outstanding saxophone soloist at the 1997 Iowa jazz band championships. Senator Hansen (4-9-97). Steven and Jayne Rosenboom, Bussey ( For being named Southeast farm family of the year. Senator Hedge (4-10-97). Joshua J. DeSotel, Anamosa ( For achieving the rank of Eagle Scout. Senator McKean (4-13-97). Derek A. Binneboese, Hinton ( For achieving the rank of Eagle Scout. Senator Redwine (5-4-97). PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Members of the eighth grade class, Alden Community School, Alden, accompanied by Kristy Harris and Dave Harms. Senator Iverson. 1134 JOURNAL OF THE SENATE 92nd Day BILLS SIGNED BY THE GOVERNOR Communications were received announcing that on April 11, 1997, the governor approved and transmitted to the secretary of state the following bills: S.F. 126 ( Allowing a supervised, controlled burn for which a permit has been issued during an open burning ban. S.F. 205 ( 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. S.F. 300( Relating to the prohibited sale of home testing kits for the human immunodeficiency virus. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 10, 1997, 4:50 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: Borlaug (excused). Committee Business: Recommended passage of House Files 708 and 710 as amended. Adjourned: 5:52 p.m. WAYS AND MEANS Convened: April 10, 1997, 11:38 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern and Vilsack. Members Absent: Szymoniak (excused). Committee Business: Assigned bills to subcommittees; recommended passage of House Files 306 and 355; approved SSBs 263 and 266 as committee bills. Adjourned: 12:38 p.m. 92nd Day MONDAY, APRIL 14, 1997 1135 AMENDMENTS FILED S(3480 H. F. 331 Tom Vilsack John Redwine Nancy Boettger S(3481 H. F. 708 Patty Judge S(3482 H. F. 710 John P. Kibbie S(3483 H. F. 710 Tom Flynn S(3484 H. F. 710 Patty Judge S(3485 H. F. 710 Johnie Hammond S(3486 H. F. 710 Robert E. Dvorsky Johnie Hammond S(3487 S. F. 391 Mary Lou Freeman S(3488 H. F. 81 Merlin E. Bartz Allen Borlaug Dick L. Dearden S(3489 H. F. 331 Bill Fink S(3490 H. F. 514 Jack Rife S(3491 H. F. 708 Mike Connolly S(3492 H. F. 514 Mary Neuhauser S(3493 H. F. 697 Rod Halvorson S(3494 H. F. 697 Rod Halvorson S(3495 H. F. 697 Rod Halvorson S(3496 H. F. 693 Tom Flynn 1136 JOURNAL OF THE SENATE 92nd Day AFTERNOON SESSION The Senate reconvened at 1:15 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 38 present, 12 absent and a quorum present. LEAVES OF ABSENCE Leave of absence was granted as follows: Senator Vilsack until he returns on request of Senator Gronstal and Senator McKibben until he returns on request of Senator Boettger. CONFIRMATION OF GOVERNOR'S APPOINTMENT (Individual Confirmation Calendar) Senator Redfern called up the appointment of Allan T. Thoms as Chair of the Utilities Board, placed on the Individual Confirmation Calendar on April 3, 1997, and found on page 1026 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, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine 92nd Day MONDAY, APRIL 14, 1997 1137 Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 2: McKibben Vilsack The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Connolly until he arrives on request of Senator Szymoniak. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Rife called up the appointment of Mark J. Schouten as a member of the Iowa Telecommunications and Technology Commission, placed on the Individual Confirmation Calendar on March 4, 1997, and found on page 483 of the Senate Journal. Senator Rife moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman 1138 JOURNAL OF THE SENATE 92nd Day Nays, none. Absent or not voting, 2: Connolly Vilsack The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Rife called up the appointment of Mary Jean Montgomery as a member of the Iowa Telecommunications and Technology Commission, placed on the Individual Confirmation Calendar on March 4, 1997, and found on page 483 of the Senate Journal. Senator Rife moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 2: Connolly Vilsack The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Redwine called up the appointment of Michael A. Fesler as a member of the Small Business Advisory Council, placed on the 92nd Day MONDAY, APRIL 14, 1997 1139 Individual Confirmation Calendar on April 7, 1997, and found on page 1002 of the Senate Journal. Senator Redwine moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Connolly The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. DEFERRAL OF GOVERNOR'S APPOINTMENT (Individual Confirmation Calendar) Senator Deluhery called up the appointment of Diane E. Palmer as a member of the Board of Mortuary Science Examiners, placed on the Individual Confirmation Calendar on March 25, 1997, and found on page 795 of the Senate Journal. Senator Halvorson asked and received unanimous consent that action on the appointment of Diane E. Palmer be deferred. 1140 JOURNAL OF THE SENATE 92nd Day CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Halvorson called up the appointment of Daniel K. Danielson as a member of the Board of Mortuary Science Examiners, placed on the Individual Confirmation Calendar on March 25, 1997, and found on page 795 of the Senate Journal. Senator Halvorson moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Connolly The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Boettger called up the appointment of Charles Palmer as Director of the Department of Human Services, placed on the Individual Confirmation Calendar on April 7, 1997, and found on page 985 of the Senate Journal. 92nd Day MONDAY, APRIL 14, 1997 1141 Senator Boettger moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Connolly The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Dearden called up the appointment of Albert G. Sorensen as a member of the Council on Human Services, placed on the Individual Confirmation Calendar on April 8, 1997, and found on page 1026 of the Senate Journal. Senator Dearden 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. Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn 1142 JOURNAL OF THE SENATE 92nd Day Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, 5: Black, D. Boettger King Rehberg Tinsman Absent or not voting, 1: Connolly The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Dvorsky called up the appointment of Loren M. Wakefield as a member of the Commission on Community Action Agencies, placed on the Individual Confirmation Calendar on April 7, 1997, and found on page 985 of the Senate Journal. Senator Dvorsky moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman 92nd Day MONDAY, APRIL 14, 1997 1143 Nays, none. Absent or not voting, 1: Connolly The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Hammond called up the appointment of Lois R. Kotz as a member of the Commission on Community Action Agencies, placed on the Individual Confirmation Calendar on April 7, 1997, and found on page 985 of the Senate Journal. Senator Hammond moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Connolly The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. RECESS On motion of Senator Iverson, the Senate recessed at 1:53 p.m., until 2:30 p.m. 1144 JOURNAL OF THE SENATE 92nd Day RECONVENED The Senate reconvened at 2:40 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 38 present, 12 absent and a quorum present. HOUSE AMENDMENT CONSIDERED Senate File 391 Senator Freeman called up for consideration Senate File 391, a bill for an act relating to and making appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, establishing a toll-free road and weather reporting system, eliminating the motor vehicle use tax as the funding source for the value-added agricultural products and processes financial assistance program and the renewable fuels and coproducts fund, and providing for the designation of access Iowa highways, and providing effective dates, amended by the House in House amendment S-3453 filed April 9, 1997. Senator Freeman offered amendment S-3487 filed by her from the floor to House amendment S-3453 and moved its adoption. Amendment S-3487 was adopted by a voice vote. Senator Freeman moved that the Senate concur in the House amendment as amended. The motion prevailed by a voice vote and the Senate concurred in the House amendment as amended. Senator Freeman moved that the bill as amended by the House, further amended and concurred in by the Senate, be read the last 92nd Day MONDAY, APRIL 14, 1997 1145 time now and placed upon its passage, which motion prevailed by a voice vote and the bill was read the last time. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise until he returns on request of Senator Gronstal. BUSINESS PENDING Senate File 391 The Senate resumed consideration of Senate File 391. On the question "Shall the bill pass?" (S.F. 391) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Fraise The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senator Iverson asked and received unanimous consent that Senate File 391 be immediately messaged to the House. 1146 JOURNAL OF THE SENATE 92nd Day CONSIDERATION OF BILL (Appropriations Calendar) House File 708 On motion of Senator Rensink, 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, with report of committee recommending amendment and passage was taken up for consideration. Senator Rensink offered amendment S-3478 filed by the committee on Appropriations on April 10, 1997, to pages 9, 10, 11, 16 and 18 of the bill. Senator Iverson offered amendment S-3499 filed by Senators Iverson and Kibbie from the floor to amendment S-3478 and moved its adoption. Amendment S-3499 was adopted by a voice vote. Senator Rensink moved the adoption of amendment S-3478 as amended, which motion prevailed by a voice vote. Senator Judge withdrew amendment S-3481 filed by her from the floor to pages 1 and 17 of the bill. Senator Fink offered amendment S-3498 filed by him from the floor to page 10 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3498 be adopted?" (H.F. 708) the vote was: Ayes, 21: Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen 92nd Day MONDAY, APRIL 14, 1997 1147 Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 29: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3498 lost. Senator Connolly offered amendment S-3491 filed by him from the floor to page 15 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3491 be adopted?" (H.F. 708) the vote was: Ayes, 24: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Harper Horn Judge Kibbie King Lundby McCoy Neuhauser Palmer Rittmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hansen Hedge Iverson Jensen Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Amendment S-3491 lost. 1148 JOURNAL OF THE SENATE 92nd Day Senator Rensink moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 708) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Freeman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 433 and 293 be immediately messaged to the House. BUSINESS PENDING House File 550 The Senate resumed consideration of House File 550, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date, substituted for Senate File 339 as amended, previously deferred. 92nd Day MONDAY, APRIL 14, 1997 1149 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. 550) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Rensink The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senator Schuerer asked and received unanimous consent that Senate File 339 be withdrawn from further consideration of the Senate. UNFINISHED BUSINESS CALENDAR House File 178 On motion of Senator McKean, House File 178, a bill for an act relating to joint billing or collection of combined service accounts for sanitary districts and a city utility or combined utility system and to discontinue service for delinquency, and providing for the establishment of benefited districts and fees from the connection of 1150 JOURNAL OF THE SENATE 92nd Day property to the sanitary facilities of a sanitary district, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Bartz took the chair at 3:37 p.m. 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. 178) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Rensink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR House File 644 On motion of Senator Schuerer, House File 644, a bill for an act relating to the relationship between a real estate broker or 92nd Day MONDAY, APRIL 14, 1997 1151 salesperson and parties to certain real estate transactions and providing an effective date, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator Vilsack asked and received unanimous consent that action on House File 644 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) House File 495 On motion of Senator McKibben, House File 495, a bill for an act relating to certain machinery, equipment, and computers for purposes of property taxation and providing an applicability date, with report of committee recommending passage, was taken up for consideration. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Kramer and Redfern until they return on request of Senator Freeman, Senator Rensink until he returns on request of Senator Jensen, Senator Gronstal until he returns on request of Senator Judge and Senator Iverson until he returns on request of Senator Boettger. BUSINESS PENDING House File 495 The Senate resumed consideration of House File 495 Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 495) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 1152 JOURNAL OF THE SENATE 92nd Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond Hansen Harper Hedge Horn Jensen Judge Kibbie King Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Gronstal Iverson Kramer Redfern Rensink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR House File 229 On motion of Senator King, House File 229, a bill for an act relating to the availability of a map indicating the location of electric transmission lines related to the extension of a franchise, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. Senator King 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. 229) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hammond 92nd Day MONDAY, APRIL 14, 1997 1153 Hansen Harper Hedge Horn Jensen Judge Kibbie King Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Gronstal Iverson Kramer Redfern Rensink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR Senate File 394 On motion of Senator Schuerer, Senate File 394, a bill for an act relating to permissible charges which may be contracted for and received with respect to open-end credit, was taken up for consideration. Senator Schuerer asked and received unanimous consent that House File 611 be substituted for Senate File 394. House File 611 On motion of Senator Schuerer, House File 611, a bill for an act relating to permissible charges which may be contracted for and received with respect to open-end credit, was taken up for consideration. Senator Hansen offered amendment S-3426 filed by him on April 8, 1997, to pages 1 and 2 of the bill. Senator Hansen asked and received unanimous consent that action on amendment S-3426 be deferred. 1154 JOURNAL OF THE SENATE 92nd Day Senator Deluhery offered amendment S-3277 filed by Senators Deluhery and Schuerer on March 26, 1997, to pages 1 and 2 of the bill and moved its adoption. Amendment S-3277 was adopted by a voice vote. With the adoption of amendment S-3277, the Chair ruled amendment S-3426 by Senator Hansen previously deferred, out of order. Senator Dvorsky asked and received unanimous consent that action on House File 611 be deferred. HOUSE AMENDMENT CONSIDERED Senate File 236 Senator Tinsman called up for consideration Senate File 236, a bill for an act relating to the certificate of need program, amended by the House in House amendment S-3421 filed on April 8, 1997. Senator Boettger offered amendment S-3458 filed by Senators Boettger and Tinsman on April 10, 1997, to House amendment S- 3421 and moved its adoption. Amendment S-3458 was adopted by a voice vote. Senator Tinsman moved that the Senate concur in the House amendment as amended, which motion prevailed by a voice vote. Senator Tinsman moved that the bill as amended by the House, further amended and concurred in by the Senate, 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. 236) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 92nd Day MONDAY, APRIL 14, 1997 1155 Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS CALENDAR Senate File 494 On motion of Senator Tinsman, Senate File 494, a bill for an act relating to the regulation of the practice of respiratory care and placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Tinsman asked and received unanimous consent that House File 659 be substituted for Senate File 494. House File 659 On motion of Senator Tinsman, House File 659, a bill for an act relating to the regulation of the practice of respiratory care, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 659) the vote was: 1156 JOURNAL OF THE SENATE 92nd Day Ayes, 50: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Tinsman asked and received unanimous consent that Senate File 494 be withdrawn from further consideration of the Senate. HOUSE AMENDMENT CONSIDERED Senate File 132 Senator Borlaug called up for consideration Senate File 132, a bill for an act relating to state department of transportation operations, including regulating hazardous materials transport, regulating motor vehicle dealers, eliminating requirements that the department adopt administrative rules in certain instances, and establishing, making applicable, or enhancing penalties, amended by the House and moved that the Senate concur in House amendment S-3443 filed on April 9, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Borlaug moved that the bill as amended by the House and concurred in by the Senate, be read the last time now and placed 92nd Day MONDAY, APRIL 14, 1997 1157 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. 132) the vote was: Ayes, 50: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) House File 710 On motion of Senator Rittmer, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Rittmer offered amendment S-3479 filed by the committee on Appropriations on April 10, 1997, to pages 2, 19 and 25 of the bill and moved its adoption. 1158 JOURNAL OF THE SENATE 92nd Day Amendment S-3479 was adopted by a voice vote. Senator Flynn offered amendment S-3483 filed by him from the floor to page 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3483 be adopted?" (H.F. 710) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Lundby Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Halvorson Kramer McKibben Amendment S-3483 lost. Senator Hammond offered amendment S-3485 filed by her from the floor to page 18 of the bill. Senator Rittmer offered amendment S-3503 filed by Senators Rittmer and McLaren from the floor to amendment S-3485. 92nd Day MONDAY, APRIL 14, 1997 1159 President pro tempore Redfern took the chair at 5:51 p.m. Senator Rittmer moved the adoption of amendment S-3503. A record roll call was requested. On the question "Shall amendment S-3503 to amendment S- 3485 be adopted?" (H.F. 710) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Freeman Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Zieman Nays, 24: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Szymoniak Tinsman Vilsack Absent or not voting, 1: Drake Amendment S-3503 was adopted. Senator Hammond moved the adoption of amendment S-3485 as amended. Amendment S-3485 as amended was adopted by a voice vote. Senator Judge offered amendment S-3484 filed by her from the floor, to pages 18 and 27 of the bill, moved its adoption and requested a record roll call. 1160 JOURNAL OF THE SENATE 92nd Day On the question "Shall amendment S-3484 be adopted?" (H.F. 710) the vote was: Ayes, 23: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rensink Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Iverson Rife Amendment S-3484 lost. Senator Dvorsky offered amendment S-3486 filed by Senators Dvorsky and Hammond from the floor to page 24 of the bill. Senator Bartz called for a division of amendment S-3486: lines 2 and 3 as division S-3486A and lines 5-19 as division S-3486B. Senator Dvorsky moved the adoption of division S-3486A. A record roll call was requested. On the question "Shall division S-3486A be adopted?" (H.F. 710) the vote was: Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise 92nd Day MONDAY, APRIL 14, 1997 1161 Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Division S-3486A lost. Senator Dvorsky asked and received unanimous consent to withdraw division S-3486B. Senator Kibbie offered amendment S-3482 filed by him from the floor to page 26 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3482 be adopted?" (H.F. 710) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black, D. Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 24: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Freeman Hedge Iverson Jensen King Maddox McKean McKibben McLaren 1162 JOURNAL OF THE SENATE 92nd Day Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Kramer Lundby Rife Amendment S-3482 lost. Senator Palmer offered amendment S-3507 filed by him from the floor to pages 27 and 28 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3507 be adopted?" (H.F. 710) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 28: Bartz Black, D. Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy McKibben McLaren Neuhauser Palmer Szymoniak Vilsack Nays, 20: Angelo Behn Black, J. Boettger Borlaug Drake Hedge Iverson Jensen King Maddox McKean Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Kramer Rife Amendment S-3507 was adopted. Senator Szymoniak offered amendment S-3497 filed by Senators Szymoniak, Flynn and Rittmer from the floor to page 27 of the bill and moved its adoption. 92nd Day MONDAY, APRIL 14, 1997 1163 Amendment S-3497 was adopted by a voice vote. Senator Palmer offered amendment S-3508 filed by him from the floor to page 7 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3508 be adopted?" (H.F. 710) the vote was: Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3508 lost. MOTION TO RECONSIDER ADOPTED Senator McLaren filed the following motion to reconsider from the floor: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3507 to House File 710 was adopted by the Senate on April 14, 1997. President Kramer took the chair at 7:31 p.m. Senator McLaren moved the adoption of the motion to reconsider. A record roll call was requested. 1164 JOURNAL OF THE SENATE 92nd Day On the question "Shall the motion to reconsider be adopted?" (H.F. 710) the vote was: Ayes, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack The motion prevailed and amendment S-3507 by Senator Palmer to pages 27 and 28 of the bill was taken up for reconsideration. Senator Palmer moved the adoption of amendment S-3507. A record roll call was requested. On the question "Shall amendment S-3507 be adopted?" (H.F. 710) the vote was: Ayes, 24: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Hedge Iverson Jensen King 92nd Day MONDAY, APRIL 14, 1997 1165 Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3507 lost. 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. 710) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Harper Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 4: Connolly Gettings Horn Neuhauser 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 236 and House Files 708, 710, 178, 550, 495, 659 and 229 be immediately messaged to the House. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: 1166 JOURNAL OF THE SENATE 92nd Day MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 14, 1997, passed the following bills in which the concurrence of the House was asked: Senate File 30, a bill for an act relating to the exemption from sales, services, and use taxes of adjuvants and surfactants used to enhance the application of fertilizers, limestone, herbicides, pesticides, and insecticides in agricultural production and providing effective and retroactive applicability date provisions. Senate File 80, a bill for an act relating to police bicycles. Senate File 95, a bill for an act relating to water and ice vessel accident reports filed with the natural resource commission of the department of natural resources and providing for an effective date and the Act's applicability. Senate File 131, a bill for an act relating to fraudulent practices involving family investment and medical assistance program benefits and making penalties applicable. Senate File 219, a bill for an act relating to trespassing or stray livestock and providing remedies and an effective date. Senate File 235, a bill for an act providing authority to soil and water conservation district commissioners to allocate moneys for the emergency restoration of permanent soil and water conservation practices. Senate File 238, a bill for an act repealing the procedures for disposition of the contents of a decedent's safe deposit box and providing an effective date. Senate File 499, a bill for an act relating to privileges and prohibitions for certain persons including those relating to motor vehicle licenses and to the regulation of tobacco, tobacco products, or cigarettes, and providing penalties. Senate File 522, a bill for an act relating to legal settlement regarding community-based providers of treatment or services. ALSO: That the House has on April 14, 1997, amended and passed the following bills in which the concurrence of the Senate is asked: 92nd Day MONDAY, APRIL 14, 1997 1167 Senate File 163, a bill for an act relating to the sale of cigarettes and tobacco products through vending machines (S-3510). Senate File 451, a bill for an act relating to milk and milk products, providing for the issuance of licenses and permits, fees, and providing penalties (S-3502). INTRODUCTION OF BILLS Senate File 539, by Lundby, Horn, and Dvorsky, a bill for an act to legalize the proceedings taken by the Cedar Rapids Community School District to participate in an instructional support program and providing an effective and retroactive applicability date. Read first time and passed on file. Senate File 540, by Iverson, a bill for an act relating to workers' compensation by repealing the second injury compensation Act, eliminating the second injury fund, providing for the resolution of claims against the fund, including the imposition of an employer surcharge, providing for employee compensation for certain subsequent injuries, and providing an effective date. Read first time and passed on file. 1168 JOURNAL OF THE SENATE 92nd Day APPENDIX PROOF OF PUBLICATION Verified proof of publication of Senate File 539 in accordance with Section 585.1 of the Code was filed with the Secretary of the Senate. SUBCOMMITTEE ASSIGNMENTS Senate File 534 HUMAN RESOURCES: Boettger, Chair; J. Black and Dearden Senate File 535 HUMAN RESOURCES: Boettger, Chair; J. Black and Dearden House File 717 JUDICIARY: Hansen, Chair; King and Tinsman PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Forty-seven eighth grade students from River Valley Middle School, Quimby, accompanied by Mike Nugent and others. Senators Freeman and King. Thirty-six fifth and sixth grade students from Kanawha Elementary School, Kanawha, accompanied by Renita Kahlstorf. Senator Black of Kossuth. Senator Iverson welcomed the Honorable Jack Kemp, former U.S. Congressman, who was present in the Senate chamber. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to a standing committee for investigation were placed on the En Bloc Calendar with recommendation for confirmation on April 14, 1997: JUDICIARY Mildred E. Elliott, Board of Corrections. Chief Douglas W. Book, Drug Abuse Prevention and Education Advisory Council. 92nd Day MONDAY, APRIL 14, 1997 1169 Donald L. Decker, State Judicial Nominating Commission. AMENDMENTS FILED S(3497 H. F. 710 Elaine Szymoniak Tom Flynn Sheldon Rittmer S(3498 H. F. 708 Bill Fink S(3499 H. F. 708 Stewart Iverson, Jr. John P. Kibbie S(3500 H. F. 514 Mary Neuhauser S(3501 S. F. 390 Patty Judge Merlin E. Bartz S(3502 S. F. 451 House amendment S(3503 H. F. 710 Sheldon Rittmer Derryl McLaren S(3504 S. F. 538 Robert E. Dvorsky S(3505 H. F. 453 Neal Schuerer S(3506 H. F. 715 Elaine Szymoniak S(3507 H. F. 710 William D. Palmer S(3508 H. F. 710 William D. Palmer S(3509 S. F. 528 Allen Borlaug Patty Judge Merlin E. Bartz Bill Fink Larry McKibben Dennis H. Black S(3510 S. F. 163 House amendment S(3511 H. F. 644 Rod Halvorson S(3512 H. F. 644 Tom Vilsack EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 14, 1997, when the vote was taken on House Files 550, 178, 495 and 229. Had I been present, I would have voted "aye" on the bills. WILMER RENSINK 1170 JOURNAL OF THE SENATE 92nd Day BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 539 Judiciary S. R. 8 Rules and Administration ANNOUNCEMENT BY THE MINORITY LEADER Minority Leader Gronstal announced to the President of the Senate on April 14, 1997, the following committee appointment: Effective immediately, on a temporary basis, Pat Harper will be taking my place on the Appropriations Committee. A permanent resolution to the committee assignments will not be reached until we further explore our alternatives. ADJOURNMENT On motion of Senator Iverson, the Senator adjourned at 8:10 p.m., until 9:00 a.m., Tuesday, April 15, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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