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Senate Journal: Tuesday, April 15, 1997

  NINETY-THIRD CALENDAR DAY
  FIFTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, April 15, 1997


  The Senate met in regular session at 9:12 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Richard Blodgett, pastor of the
  Emmanuel Church of Nazarene, Council Bluffs, Iowa, and Candy
  Boucher of Des Moines sang "Amazing Grace".

  The Journal of Monday, April 14, 1997, was approved.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 14, 1997)

  House File 611

  The Senate resumed consideration of 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, deferred April 14, 1997.

  Senator Schuerer asked and received unanimous consent that
  action on House File 611 be deferred.

  House File 644

  The Senate resumed consideration of House File 644, a bill for an
  act relating to the relationship between a real estate broker or
  salesperson and parties to certain real estate transactions and
  providing an effective date, deferred April 14, 1997.

  Senator Vilsack offered amendment S-3512 filed by him on April
  14, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3512 was adopted by a voice vote.
  1172 JOURNAL OF THE SENATE 93rd Day
  Senator Halvorson offered amendment S-3511 filed by him on
  April 14, 1997, to page 1 of the bill, moved its adoption and requested
  a non record roll call.

  The ayes were 20, nays 29.

  Amendment S-3511 lost.

  SPECIAL GUEST

  Senator Dvorsky presented Coach Dan Gable, wrestling coach for
  the University of Iowa.

  Coach Gable addressed the Senate briefly and the Senate rose in
  welcome.

  BUSINESS PENDING

  House File 644

  The Senate resumed consideration of House File 644.

  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. 644) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Fink Flynn Fraise Freeman
  Gettings 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, 2:

  Gronstal Halvorson
  93rd Day TUESDAY, APRIL 15, 1997 1173
  Absent or not voting, 1:

  Dvorsky

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

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS

  In accordance with Senate Rule 59, Senator Iverson asked and
  received unanimous consent to call up the following appointees on the
  En Bloc Confirmation Calendar:

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

  Dennis Ruffcorn, Board of Barber Examiners.

  Mildred E. Elliott, Board of Corrections.

  Dr. Donna M. Norman, Board of Medical Examiners.

  Chief Douglas W. Book, Drug Abuse Prevention and Education
  Advisory Council.

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

  Catherine S. Brown, Landscape Architectural Examining Board.

  Donald L. Decker, State Judicial Nominating Commission.

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

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

  Ayes, 50:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  1174 JOURNAL OF THE SENATE 93rd Day
  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 appointees having received a two-thirds vote were declared to
  have been confirmed by the Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 644 be immediately messaged to the House.

  The Senate stood at ease at 9:58 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:06 a.m., President Kramer
  presiding.

  CONFIRMATION OF GOVERNOR'S APPOINTMENT
  (Individual Confirmation Calendar)
  (Deferred April 14, 1997)

  The Senate resumed consideration of the appointment of Diane E.
  Palmer as a member of the Board of Mortuary Science Examiners,
  deferred April 14, 1997.

  President pro tempore Redfern took the chair at 11:25 a.m.

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

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

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  93rd Day TUESDAY, APRIL 15, 1997 1175
  Dearden Deluhery Douglas Drake
  Fink Flynn Fraise Freeman
  Gettings Gronstal Hammond Hansen
  Harper Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 3:

  Dvorsky Halvorson McKean

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

  UNFINISHED BUSINESS CALENDAR

  Senate File 528

  On motion of Senator Borlaug, Senate File 528, a bill for an act
  relating to the cleanup and reuse of contaminated property,
  environmental remediation standards and review procedures,
  participation in the remediation of contaminated property, liability
  for the voluntary cleanup of contaminated property, liability
  protections, and establishing a land recycling fund and placed on the
  Unfinished Business Calendar on April 3, 1997, was taken up for
  consideration.

  Senator Borlaug offered amendment S-3509 filed by Senators
  Borlaug, et al., on April 14, 1997, to pages 1-10, 12-17 and 20-22 of
  the bill.

  Senator Borlaug offered amendment S-3513 filed by Senators
  Borlaug and Fink from the floor to amendment S-3509 and moved
  its adoption.

  Amendment S-3513 was adopted by a voice vote.

  Senator Borlaug moved the adoption of amendment S-3509 as
  amended.
  1176 JOURNAL OF THE SENATE 93rd Day
  Amendment S-3509 as amended was adopted by a voice vote.

  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.

  On the question "Shall the bill pass?" (S.F. 528) 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 Rensink Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Rife

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

  Senator Iverson asked and received unanimous consent that
  Senate File 528 be immediately messaged to the House.

  INTRODUCTION OF BILLS

  Senate File 541, by Iverson and Gronstal, a bill for an act relating
  to child day care provisions involving group day care homes and
  establishing a child care home pilot project.

  Read first time and passed on file.
  93rd Day TUESDAY, APRIL 15, 1997 1177
  Senate File 542, by committee on Appropriations, a bill for an act
  relating to and making supplemental appropriations for the fiscal
  year beginning July 1, 1996, and providing an effective date.

  Read first time and placed on Appropriations Calendar.

  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 15, 1997, passed the following bills in which the concurrence
  of the House
  was asked:

  Senate File 232, a bill for an act relating to notarial acts and
  providing an effective date.

  Senate File 417, a bill for an act providing for the amount of a
  surety bond required to be executed by a treasurer of an extension
  council.

  ALSO: That the House has on April 15, 1997, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 214, a bill for an act relating to the regulation of the
  use and disposal of sewage sludge and providing a penalty (S-3517).

  Senate File 362, a bill for an act establishing a wildlife
  depredation unit within the department of natural resources,
  allowing the discharge of firearms in state parks for certain purposes,
  providing for the issuance of additional free deer hunting licenses,
  subjecting violators to an existing penalty, and providing an effective
  date (S-3518).

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:58 a.m.,
  until 1:00 p.m.
  1178 JOURNAL OF THE SENATE 93rd Day
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened: April 14, 1997, 8:16 p.m.

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

  Members Absent: Lundby (excused).

  Committee Business: Amended and approved SSB 268 as a committee bill and
  recommended passage of Senate File 161.

  Adjourned: 8:58 p.m.

  JUDICIARY

  Convened: April 14, 1997, 8:09 p.m.

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

  Members Absent: Hammond, Hansen, King and Tinsman (all excused).

  Committee Business: Assigned bills to subcommittees and recommended
  confirmation of governor's appointees.

  Adjourned: 8:12 p.m.

  BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  15th day
  of April, 1997:

  Senate Files 104, 222, 457, 296 and 523.

  MARY PAT  GUNDERSON
  Secretary of the Senate

  COMMITTEE REPORTS

  APPROPRIATIONS
  93rd Day TUESDAY, APRIL 15, 1997 1179
  Final Bill Action: SENATE FILE 161, a bill for an act modifying the holding
  temperature required for the storage of eggs sold at retail.

  Recommendation: DO PASS.

  Final Vote Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug,
  Douglas,
  Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox,
  McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack.
  Nays,
  none. Absent or not voting, 1: Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 542 (SSB 268), a bill for an act relating to
  and
  making supplemental appropriations for the fiscal year beginning July 1,
  1996, and
  providing an effective date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug,
  Douglas,
  Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox,
  McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack.
  Nays,
  none. Absent or not voting, 1: Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Appropriations Committee on
  Senate
  File 542 and they were attached to the committee report.

  PRESENTATION OF VISITORS

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

  Four eleventh and twelfth grade students from Jefferson-Scranton
  High School, Jefferson, accompanied by Jan Rosdail. Senator Behn.

  Fifty-two fifth grade students from Jordan Creek Elementary
  School, West Des Moines, accompanied by Sarah Gostonczik and Mike
  Gabrielson. Senator Kramer.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 539

  JUDICIARY: McKean, Chair; Angelo and Hammond
  1180 JOURNAL OF THE SENATE 93rd Day
  House File 715

  APPROPRIATIONS: Tinsman, Chair; Hammond and McLaren

  AMENDMENTS FILED

  S(3513 S. F.  528 Allen Borlaug
  Bill Fink
  S(3514 H. F.  611 Robert E. Dvorsky
  S(3515 H. F.  611 Robert E. Dvorsky
  S(3516 H. F.  697 Don Gettings
  S(3517 S. F.  214 House amendment
  S(3518 S. F.  362 House amendment
  S(3519 H. F.  697 Mary A. Lundby
  Merlin E. Bartz
  S(3520 S. F.  538 Tom Vilsack
  Rod Halvorson
  S(3521 S. F.  538 Tom Vilsack
  93rd Day TUESDAY, APRIL 15, 1997 1181
  AFTERNOON SESSION

  The Senate reconvened at 1:16 p.m., President pro tempore Redfern
  presiding.

  QUORUM CALL

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

  The vote revealed 42 present, 8 absent and a quorum present.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  House File 306

  Senator McKibben called up for consideration, House File 306, a bill
  for an act relating to the individual income tax by extending the
  special method of computation of tax for value-added S corporation
  shareholders to all S corporation shareholders and eliminating the
  refund limitation and including effective and retroactive applicability
  date provisions, with report of committee recommending passage, was
  taken up for consideration.

  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. 306) the vote was:

  Ayes, 41:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Deluhery Douglas
  Drake Fink Fraise Freeman
  Gettings Gronstal Halvorson Hansen
  Harper Hedge Horn Iverson
  Jensen Kibbie King Kramer
  Lundby Maddox McCoy McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman
  1182 JOURNAL OF THE SENATE 93rd Day
  Nays, 7:

  Connolly Dearden Dvorsky Hammond
  Judge Neuhauser Palmer

  Present, 2:

  Black, J. Flynn

  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 306 be immediately messaged to the House.

  HOUSE AMENDMENT CONSIDERED

  Senate File 519

  Senator Rife called up for consideration Senate File 519, a bill for
  an act relating to the authorized use and users of the Iowa
  communications network and providing an effective date, amended by
  the House in House amendment S-3470 filed April 10, 1997.

  The Senate stood at ease at 1:50 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 2:35 p.m., President pro tempore
  Redfern presiding.

  BUSINESS PENDING

  Senate File 519

  The Senate resumed consideration of Senate File 519.

  Senator Connolly asked and received unanimous consent that
  action on House amendment S-3470 and Senate File 519 be
  deferred.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senate File 538

  On motion of Senator Palmer, Senate File 538, a bill for an act to
  increase the tuition and textbook tax credit to twenty percent of
  the
  93rd Day TUESDAY, APRIL 15, 1997 1183
  first one thousand dollars of K through 12 tuition and textbook
  expenses and providing a retroactive applicability date, was taken up
  for consideration.

  Senator Vilsack offered amendment S-3521 filed by him from the
  floor to page 1 of the bill.

  Senator Douglas raised the point of order that amendment S-3521
  was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3521
  in order.

  Senator Iverson asked and received unanimous consent that action
  on amendment S-3521 and Senate File 538 be deferred.

  BUSINESS PENDING

  Senate File 519

  The Senate resumed consideration of Senate File 519, a bill for an
  act relating to the authorized use and users of the Iowa
  communications network and providing an effective date and House
  amendment S-3470, previously deferred.

  Senator Connolly offered amendment S-3525 filed by Senators
  Connolly and Flynn from the floor to House amendment S-3470.

  Senator Rife raised the point of order that amendment S-3525 to
  House amendment S-3470 was not germane.

  The Chair ruled the point well taken and amendment S-3525 out
  of order.

  Senator Rife moved that the Senate concur in the House
  amendment.

  A non record roll call was requested.

  The ayes were 38, nays 2.

  The motion prevailed and the Senate concurred in the House
  amendment.
  1184 JOURNAL OF THE SENATE 93rd Day
  Senator Rife 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.

  On the question "Shall the bill pass?" (S.F. 519) the vote was:

  Ayes, 35:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Douglas
  Drake Flynn Fraise Freeman
  Hansen Hedge Iverson Jensen
  Kibbie King Kramer Maddox
  McCoy McKean McKibben McLaren
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 15:

  Connolly Dearden Deluhery Dvorsky
  Fink Gettings Gronstal Halvorson
  Hammond Harper Horn Judge
  Lundby Neuhauser Palmer

  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 an
  immediate message be sent to the House on Senate File 519.

  BUSINESS PENDING

  Senate File 538

  The Senate resumed consideration of Senate File 538, a bill for an
  act to increase 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 and
  amendment S-3521 by Senator Vilsack to page 1 of the bill,
  previously deferred.
  93rd Day TUESDAY, APRIL 15, 1997 1185
  Senator Vilsack moved the adoption of amendment S-3521.

  A record roll call was requested.

  On the question "Shall amendment S-3521 be adopted?" (S.F. 538)
  the vote was:

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

  Ayes, 31:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Horn Judge
  Kibbie Kramer Lundby Maddox
  McCoy McKean McKibben Neuhauser
  Redfern Rife Rittmer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 19:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Hedge Iverson Jensen
  King McLaren Palmer Redwine
  Rehberg Rensink Schuerer

  Amendment S-3521 was adopted.

  Senator Iverson asked and received unanimous consent that action
  on Senate File 538 be deferred.

  UNFINISHED BUSINESS CALENDAR

  House File 383

  On motion of Senator Rittmer, House File 383, a bill for an act
  relating to information centers and rest areas on interstate or
  primary highways and providing effective and retroactive
  applicability dates, with report of committee recommending
  passage
  1186 JOURNAL OF THE SENATE 93rd
  Day
  and placed on the Unfinished Business Calendar on April 10, 1997,
  was taken up for consideration.

  President Kramer took the chair at 4:08 p.m.

  Senator Bartz withdrew amendments S-3447 and S-3445 filed by
  him on April 9, 1997, to page 1 of the bill.

  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. 383) the vote was:

  Ayes, 49:

  Angelo 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.

  Present, 1:

  Bartz

  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 383 be immediately messaged to the House.
  93rd Day TUESDAY, APRIL 15, 1997 1187
  UNFINISHED BUSINESS CALENDAR

  House File 233

  On motion of Senator Lundby, House File 233, a bill for an act
  relating to cooperative associations, by providing for the filing of
  documents and providing for the effective date of a merger or
  consolidation, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Connolly for the remainder of the day on request of Senator
  Gronstal.

  BUSINESS PENDING

  House File 233

  The Senate resumed consideration of House File 233.

  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?" (H.F. 233) 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 McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman
  1188 JOURNAL OF THE SENATE 93rd Day
  Nays, none.

  Absent or not voting, 2:

  Connolly McKibben

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

  HOUSE AMENDMENT CONSIDERED

  Senate File 109

  Senator King called up for consideration Senate File 109, a bill for
  an act relating to workers' compensation coverage for employment
  outside of the state, amended by the House, and moved that the
  Senate concur in House amendment S-3382 filed April 7, 1997.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator King 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.

  On the question "Shall the bill pass?" (S.F. 109) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Dearden
  Deluhery Douglas Drake Dvorsky
  Fink 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 Rehberg Rensink
  Schuerer Szymoniak Tinsman Vilsack
  Zieman
  93rd Day TUESDAY, APRIL 15, 1997 1189
  Nays, none.

  Present, 1:

  Flynn

  Absent or not voting, 4:

  Connolly McKibben Rife Rittmer

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 233 be immediately messaged to the House and to send an
  immediate message to the House on Senate File 109.

  INTRODUCTION OF BILL

  Senate File 543, by Iverson and Gronstal, a bill for an act relating
  to public retirement systems by providing for the exclusion of certain
  publicly elected officials from membership, and the calculation of
  dividends for certain retirees, under the Iowa public employees'
  retirement system.

  Read first time and passed on file.

  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 15, 1997, amended and passed the following bill in which the
  concurrence
  of the Senate is asked:

  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 (S-3527).
  1190 JOURNAL OF THE SENATE 93rd Day
  ALSO: That the House has on April 15, 1997, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  House File 236, a bill for an act relating to eligibility for
  unemployment compensation benefits for temporary employees of a
  temporary employment firm.

  House File 645, a bill for an act relating to the financial and
  regulatory procedures of counties, cities, and drainage districts, by
  amending the powers and duties of county treasurers and including
  an effective date provision.
  93rd Day TUESDAY, APRIL 15, 1997 1191
  APPENDIX

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  541 Human Resources
  S. F.  543 State Government

  MOTION TO RECONSIDER

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3521
  to Senate File 538 was adopted by the Senate on April 15, 1997.

  MATT McCOY

  AMENDMENTS FILED

  S(3523 S. F.  538 Mike Connolly
  S(3524 H. F.  697 Mary Lundby
  Merlin E. Bartz
  S(3522 H. F.  694 Steven D. Hansen
  S(3525 S. F.  519 Mike Connolly
  Tom Flynn
  S(3526 S. F.  538 Rod Halvorson
  S(3527 S. F.  529 House amendment
  S(3528 H. F.  698 Elaine Szymoniak

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:01 p.m.,
  until 9:00 a.m., Wednesday, April 16, 1997.

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