Senate Journal: Wednesday, April 16, 1997

  NINETY-FOURTH CALENDAR DAY
  FIFTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, April 16, 1997


  The Senate met in regular session at 9:20 a.m., President Kramer
  presiding.

  Prayer was offered by Father Ralph Simington, pastor of St. Mary's
  Catholic Church, Manchester, Iowa.

  The Journal of Tuesday, April 15, 1997, was approved.

  UNFINISHED BUSINESS CALENDAR

  House File 376

  On motion of Senator Boettger, House File 376, a bill for an act
  relating to child welfare provisions involving juvenile justice
  dispositional orders, hearings, and placements 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.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Connolly until he arrives on request of Senator Flynn; Senator McCoy
  until
  he arrives on request of Senator Gronstal; Senator Redwine until he arrives
  on
  request of Senator Schuerer and Senator Neuhauser until she arrives on
  request of
  Senator Dvorsky.

  BUSINESS PENDING

  House File 376

  The Senate resumed consideration of House File 376.
  94th Day WEDNESDAY, APRIL 16, 1997 1193
  Senator Boettger moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 376) the vote was:

  Ayes, 46:

  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
  McKean McKibben McLaren Palmer
  Redfern Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly McCoy Neuhauser Redwine

  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 701

  On motion of Senator Gronstal, House File 701, a bill for an act
  relating to the requirements for portability and continuity of health
  care coverage for individuals among certain types of health care
  coverage, and related matters, with report of committee
  recommending passage and placed on the Unfinished Business
  Calendar on April 10, 1997, was taken up for consideration.

  Senator Gronstal 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.
  1194 JOURNAL OF THE SENATE 94th Day
  On the question "Shall the bill pass?" (H.F. 701) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  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 McKean
  McKibben McLaren Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Black, J. Connolly McCoy Neuhauser

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

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 15, 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 15, 1997.

  Senator Dvorsky offered amendment S-3514 filed by him on April
  15, 1997, to page 1 of the bill and moved its adoption.

  A non record roll call was requested.

  The ayes were 16, nays 29.

  Amendment S-3514 lost.

  Senator Dvorsky offered amendment S-3515 filed by him on April
  15, 1997, to page 2 of the bill.
  94th Day WEDNESDAY, APRIL 16, 1997 1195
  Senator Schuerer raised the point of order that amendment S-
  3515 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3515 out
  of order.

  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. 611) the vote was:

  Ayes, 31:

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

  Nays, 17:

  Black, D. Dearden Dvorsky Fink
  Fraise Gettings Gronstal Halvorson
  Hammond Harper Horn Judge
  Kibbie Neuhauser Palmer Szymoniak
  Vilsack

  Absent or not voting, 2:

  Connolly McCoy

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

  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 bill in which the concurrence of
  the House
  was asked:
  1196 JOURNAL OF THE SENATE 94th Day
  Senate File 460, a bill for an act relating to membership on the
  workforce development board and providing an effective date.

  ALSO: 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 515, a bill for an act relating to juvenile justice and
  youthful offenders, by making changes in provisions relating to illegal
  purchase or possession of alcohol and tobacco by juveniles and
  youthful offenders, making changes relating to dramshop liability,
  providing for notification of school officials of possession of alcohol by
  students, providing for the taking of fingerprints and photographs of
  certain juveniles, permitting victims to make oral victim impact
  statements in juvenile proceedings, making changes related to the
  supplying of alcohol to persons under the age of twenty-one, providing
  for sharing of information regarding delinquent juveniles and
  juveniles under the jurisdiction of various social services agencies,
  providing for shared jurisdiction between the adult and juvenile
  courts over youthful offenders, changing the criteria for placement in
  the state training school or other facility, making changes relating to
  state reimbursement for expenses of court-appointed attorneys in
  juvenile court, permitting the release of information relating to
  juveniles who have escaped from a detention facility, providing for
  notification of juvenile court authorities of unexcused absences or
  suspensions or expulsions of students who are on probation, providing
  for bailiff and other law enforcement assistance to associate juvenile
  judges, including arrest or disposition or custody or adjudication data
  in criminal history data kept by the department of public safety,
  authorizing school officials to conduct searches of students and their
  lockers and other spaces and to report possession or use of alcohol or
  controlled substances to law enforcement authorities (S-3526)

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

  House File 121, a bill for an act relating to notification procedures
  prior to the performance of an abortion on or termination of parental
  rights of a minor and applicable penalties (S-3530 to H-1691).
  94th Day WEDNESDAY, APRIL 16, 1997 1197
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 376 and 701 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  House File 384

  On motion of Senator King, House File 384, a bill for an act to
  include certain products containing ephedrine as schedule V
  controlled substances, 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. 384) 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
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Connolly McCoy

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  1198 JOURNAL OF THE SENATE 94th Day
  Senate File 360

  On motion of Senator Redfern, Senate File 360, a bill for an act
  authorizing the utilities board to issue certificates of public
  convenience and necessity to municipal telecommunications utilities,
  regulating certain municipal utilities as competitive local exchange
  service providers, and including effective date and retroactive
  applicability provisions, placed on the Unfinished Business Calendar
  on April 3, 1997, was taken up for consideration.

  Senator Redfern asked and received unanimous consent that
  House File 596 be substituted  for Senate File 360.

  House File 596

  On motion of Senator Redfern, House File 596, a bill for an act
  authorizing the utilities board to issue certificates of public
  convenience and necessity to municipal telecommunications utilities,
  regulating certain municipal utilities as competitive local exchange
  service providers, and including effective date and retroactive
  applicability provisions, was taken up for consideration.

  Senator Redfern 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. 596) 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
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.
  94th Day WEDNESDAY, APRIL 16, 1997 1199
  Absent or not voting, 2:

  Connolly McCoy

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

  Senator Redfern asked and received unanimous consent that
  Senate File 360 be withdrawn from further consideration of the
  Senate.

  UNFINISHED BUSINESS CALENDAR

  Senate File 500

  On motion of Senator Rife, Senate File 500, a bill for an act relating
  to pari-mutuel racing and excursion boat gambling, and providing
  penalties and an effective date, placed on the Unfinished Business
  Calendar on April 3, 1997, was taken up for consideration.

  Senator McKean offered amendment S-3441 filed by Senators
  McKean and Halvorson on April 9, 1997, to pages 1 and 3 of the bill.

  Senator Rife raised the point of order that amendment S-3441 was
  not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3441
  in order.

  Senator McKean moved the adoption of amendment S-3441.

  A record roll call was requested.

  On the question "Shall amendment S-3441 be adopted?" (S.F. 500)
  the vote was:

  Ayes, 31:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Drake
  Dvorsky Fink Flynn Fraise
  1200 JOURNAL OF THE SENATE 94th Day
  Freeman Halvorson Hammond Hansen
  Harper Hedge Jensen King
  Kramer McKean McKibben Neuhauser
  Redfern Redwine Rensink Rittmer
  Schuerer Tinsman Zieman

  Nays, 17:

  Dearden Deluhery Douglas Gettings
  Gronstal Horn Iverson Judge
  Kibbie Lundby Maddox McCoy
  McLaren Palmer Rehberg Rife
  Szymoniak

  Absent or not voting, 2:

  Connolly Vilsack

  Amendment S-3441 was adopted.

  Senator Rittmer offered amendment S-3534 filed by Senators
  Rittmer, Drake and Borlaug from the floor to pages 1 and 3 of the bill
  and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3534 be adopted?" (S.F. 500)
  the vote was:

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

  Ayes, 23:

  Angelo Borlaug Dearden Deluhery
  Douglas Drake Fink Flynn
  Freeman Gronstal  Hansen Horn
  Iverson Judge Kibbie Kramer
  Lundby McCoy McLaren Palmer
  Rehberg Rittmer Tinsman

  Nays, 25:

  Bartz Behn Black, D. Black, J.
  Boettger Dvorsky Fraise  Gettings
  94th Day WEDNESDAY, APRIL 16, 1997 1201
  Halvorson Hammond Harper  Hedge
  Jensen King Maddox McKean
  Neuhauser Redfern Redwine Rensink
  Rife Schuerer Szymoniak Vilsack
  Zieman

  Absent or not voting, 2:

  Connolly McKibben

  Amendment S-3534 lost.

  Senator Rife offered amendment S-3535 filed by him from the
  floor to pages 3, 5 and the title page of the bill.

  Senator McCoy raised the point of order that amendment S-3535
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3535 out
  of order.

  Senator Rife asked and received unanimous consent that action on
  the following motion to reconsider filed by him from the floor be
  deferred:

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3534
  to Senate File 500 failed to be adopted by the Senate on April 16, 1997.

  Senator Rife asked and received unanimous consent that action on
  Senate File 500 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 384 and 596 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 9, 1997)

  House File 577

  The Senate resumed consideration of House File 577, a bill for an
  act relating to continuing education requirements of real estate
  appraisers, deferred April 9, 1997.
  1202 JOURNAL OF THE SENATE 94th Day
  Senator Dvorsky withdrew amendments S-3452 and S-3456 filed
  by him on April 9, 1997, to page 1 and the title page of the bill.

  Senator Fink 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. 577) 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 Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Connolly Rife

  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 439

  On motion of Senator Tinsman, House File 439, a bill for an act
  relating to the development of a repository for criminal history, abuse
  and sex offender registries, and nurse aide and other health
  profession certification and licensing information, with report of
  committee recommending passage and placed on the Unfinished
  Business Calendar on April 10, 1997, was taken up for consideration.
  94th Day WEDNESDAY, APRIL 16, 1997 1203
  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. 439) 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 bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  House File 449

  On motion of Senator Tinsman, House File 449, a bill for an act to
  prohibit sex acts when one participant was prevented from consenting
  by a controlled substance including flunitrazepam, and providing
  penalties, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, 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. 449) the vote was:
  1204 JOURNAL OF THE SENATE 94th Day
  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 bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 439, 449 and 577 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:26 a.m.,
  until 1:00 p.m.


  AFTERNOON SESSION

  The Senate reconvened at 1:10 p.m., President Kramer presiding.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:
  94th Day WEDNESDAY, APRIL 16, 1997 1205
  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 16, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  Senate File 240, a bill for an act appropriating federal funds made
  available from federal block grants and other federal grants,
  allocating portions of federal block grants, and providing procedures if
  federal funds are more or less than anticipated or if federal block
  grants are more or less than anticipated.

  ALSO: That the House has on April 16, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 432, a bill for an act relating to the disposition of
  private property condemned under eminent domain (S-3540).

  ALSO: That the House has on April 16, 1997, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  House File 92, a bill for an act relating to eligibility for receipt of
  moneys under the school improvement technology program.

  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.

  House File 542, a bill for an act to prohibit acts by inmates of jails
  or correctional institutions which result in contact with bodily fluids
  or secretions or the casting or expelling of bodily fluids or secretions
  on jail and correctional employees, and providing penalties.

  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.

  House File 692, a bill for an act relating to the criteria for
  issuance of handicapped special plates and making a civil penalty
  applicable.

  QUORUM CALL

  Senator Iverson requested a non record roll call to determine that a
  quorum was present.
  1206 JOURNAL OF THE SENATE 94th Day
  The vote revealed 39 present, 11 absent and a quorum present.

  UNFINISHED BUSINESS CALENDAR

  House File 680

  On motion of Senator Boettger, House File 680, a bill for an act
  relating to election of mayors in certain cities and providing an
  immediate 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 Boettger moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 680) the vote was:

  Ayes, 46:

  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 Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Szymoniak
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly Lundby Rife Tinsman

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

  House File 615

  On motion of Senator Angelo, House File 615, a bill for an act
  relating to abandoned coal mines expenditures, including
  reclamation
  94th Day WEDNESDAY, APRIL 16,
  1997 1207
  of land and drainage abatement, with report of committee
  recommending passage and placed on the Unfinished Business
  Calendar on April 10, 1997, was taken up for consideration.

  Senator Angelo 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. 615) 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 Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Connolly Tinsman

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 615 and 680 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 11, 1997)

  House File 331

  The Senate resumed consideration of House File 331, a bill for an
  act relating to the authorization of school officials to conduct searches
  of students, student protected areas, lockers, desks, and
  other
  1208 JOURNAL OF THE SENATE 94th Day
  facilities and spaces and including effective and applicability
  provisions and division S-3356B by the committee on Education to
  page 1 of the bill, deferred April 11, 1997.

  Senator Fink offered amendment S-3489 filed by him on April 14,
  1997, to division S-3356B and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3489 to division S-3356B
  be adopted?" (H.F. 331) the vote was:

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

  Ayes, 24:

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

  Nays, 24:

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

  Absent or not voting, 2:

  Connolly Tinsman

  Amendment S-3489 lost.

  Senator Fink asked and received unanimous consent that action on
  division S-3356B and House File 331 be deferred.

  UNFINISHED BUSINESS CALENDAR

  House File 698

  On motion of Senator Szymoniak, House File 698, a bill for an act
  relating to child abuse information and the central registry for
  child
  94th Day WEDNESDAY, APRIL 16, 1997
  1209
  abuse information maintained by the department of human services
  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 Szymoniak offered amendment S-3477 filed by Senators
  Szymoniak, Boettger and Black of Kossuth on April 10, 1997, to pages
  1 and 3-18 of the bill.

  Senator Szymoniak offered amendment S-3528 filed by her from
  the floor to pages 1 and 11 of amendment S-3477 and moved its
  adoption.

  Amendment S-3528 was adopted by a voice vote.

  Senator King asked and received unanimous consent that action on
  amendment S-3477 as amended and House File 698 be deferred.

  House File 514

  On motion of Senator Douglas, House File 514, a bill for an act
  relating to financial liability coverage and registration requirements
  for motor vehicles in this state, providing for the seizure of motor
  vehicle registration plates, and providing penalties and effective
  dates, with report of committee recommending passage and placed on
  the Unfinished Business Calendar on April 10, 1997, was taken up for
  consideration.

  Senator Rife offered amendment S-3490 filed by him on April 14,
  1997, to strike everything after the enacting clause and to the title
  page of the bill.

  Senator Maddox took the chair at 2:47 p.m.

  Senator Rife moved the adoption of amendment S-3490 and
  requested a record roll call.

  President Kramer took the chair at 2:54 p.m.

  On the question "Shall amendment S-3490 be adopted?" (H.F. 514)
  the vote was:
  1210 JOURNAL OF THE SENATE 94th Day
  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 20:

  Black, D. Black, J. Borlaug Drake
  Dvorsky Fink Gronstal Hammond
  Harper Horn Iverson Judge
  Kibbie Maddox McCoy McLaren
  Neuhauser Palmer Rife Vilsack

  Nays, 29:

  Angelo Bartz Behn Boettger
  Dearden Deluhery Douglas Flynn
  Fraise Freeman Gettings Halvorson
  Hansen Hedge Jensen King
  Kramer Lundby McKean McKibben
  Redfern Redwine Rehberg Rensink
  Rittmer Schuerer Szymoniak Tinsman
  Zieman

  Absent or not voting, 1:

  Connolly

  Amendment S-3490 lost.

  Senator Neuhauser offered amendment S-3500 filed by her on
  April 14, 1997, to pages 1 and 11 of the bill and moved its adoption.

  Amendment S-3500 lost by a voice vote.

  Senator Vilsack offered amendment S-3544 filed by Senators
  Vilsack and Drake from the floor to page 4 of the bill and moved its
  adoption.

  Amendment S-3544 was adopted by a voice vote.

  Senator Neuhauser offered amendment S-3492 filed by her on
  April 14, 1997, to page 6 of the bill and moved its adoption.

  A record roll call was requested.
  94th Day WEDNESDAY, APRIL 16, 1997 1211
  On the question "Shall amendment S-3492 be adopted?" (H.F. 514)
  the vote was:

  Ayes, 26:

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

  Nays, 23:

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

  Absent or not voting, 1:

  Connolly

  Amendment S-3492 was adopted.

  Senator Douglas offered amendment S-3541 filed by her from the
  floor to pages 2, 9 and 10 of the bill and moved its adoption.

  Amendment S-3541 was adopted by a voice vote.

  Senator Neuhauser asked and received unanimous consent that
  action on House File 514 be deferred.

  UNFINISHED BUSINESS CALENDAR

  House File 647

  On motion of Senator Schuerer, House File 647, a bill for an act
  defining the crime of theft to include the utterance of a financial
  instrument for the use of property which knowingly will not be
  paid
  1212 JOURNAL OF THE SENATE 94th Day
  when presented to a financial institution and making a penalty
  applicable, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.

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

  On the question "Shall the bill pass?" (H.F. 647) 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 Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Connolly Jensen Tinsman

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

  House File 450

  On motion of Senator Rittmer, House File 450, a bill for an act
  relating to application of the penalty for improperly passing a stopped
  school bus, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.
  94th Day WEDNESDAY, APRIL 16, 1997 1213
  Senator Maddox took the chair at 3:38 p.m.

  Senator Rittmer asked and received unanimous consent that action
  on House File 450 be deferred.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action: HOUSE FILE 715, a bill for an act relating to
  appropriations for
  the department of human services and the prevention of disabilities policy
  council and
  including other provisions and appropriations involving human services and
  health
  care, and providing for effective and applicability dates.

  Recommendation: DO PASS.

  Final Vote: Ayes, 14: McLaren, Kramer, Behn, Borlaug, Douglas, Freeman,
  Hedge,
  Jensen, Lundby, Maddox, Rehberg, Rensink, Rittmer and Tinsman. Nays, 9:
  Flynn, D.
  Black, Dvorsky, Halvorson, Hammond, Harper, Horn, Neuhauser and Vilsack.
  Absent
  or not voting, 2: McCoy and Rife.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Boettger asked and received unanimous consent to take up
  for consideration House File 715.

  House File 715

  On motion of Senator Tinsman, House File 715, a bill for an act
  relating to appropriations for the department of human services and
  the prevention of disabilities policy council and including other
  provisions and appropriations involving human services and health
  care, and providing for effective and applicability dates, with report of
  committee recommending passage, was taken up for consideration.

  Senator Iverson asked and received unanimous consent that action
  on House File 715 be deferred.

  BUSINESS PENDING

  House File 698

  The Senate resumed consideration of House File 698, a bill for an
  act relating to child abuse information and the central registry
  for
  1214 JOURNAL OF THE SENATE 94th Day
  child abuse information maintained by the department of human
  services and providing an effective date and amendment S-3477 as
  amended, previously deferred.

  Senator King offered amendment S-3547 filed by him from the
  floor to amendment S-3477.

  Senator Szymoniak called for a division of amendment S-3547 to
  amendment S-3477: lines 4-8 as division S-3547A; and lines 9-49
  as division S-3547B.

  Senator King withdrew division S-3547A to amendment S-3477.

  Senator King moved the adoption of division S-3547B to
  amendment S-3477, which motion prevailed by a voice vote.

  Senator Szymoniak moved the adoption of amendment S-3477 as
  amended, which motion prevailed by a voice vote.

  President Kramer took the chair at 4:16 p.m.

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

  On the question "Shall the bill pass?" (H.F. 698) 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
  94th Day WEDNESDAY, APRIL 16, 1997 1215
  Nays, none.

  Absent or not voting, 1:

  Connolly

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 647 and 698 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  House File 662

  On motion of Senator Maddox, House File 662, a bill for an act
  relating to the defense of criminal charges, by making changes in the
  penalties applicable to certain offenses for which appointment of
  counsel is required, providing county attorneys or their designees
  with access to the centralized employee registry for purposes of
  collection of restitution, making changes relating to the
  determination of a person's indigency, prohibiting the submission of
  false information on an affidavit of financial status, requiring the
  state to enforce liens for restitution in criminal cases, and providing
  penalties, with report of committee recommending passage and
  placed on the Unfinished Business Calendar, was taken up for
  consideration.

  Senator Maddox offered amendment S-3459 filed by him on April
  10, 1997, to pages 6, 7 and 9 of the bill and moved its adoption.

  Amendment S-3459 was adopted by a voice vote.

  Senator Maddox offered amendment S-3475 filed by him on April
  10, 1997, to page 8 of the bill and moved its adoption.

  Amendment S-3475 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.
  1216 JOURNAL OF THE SENATE 94th Day
  On the question "Shall the bill pass?" (H.F. 662) 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 McKean McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Zieman

  Nays, none.

  Present, 1:

  Vilsack

  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.

  Senator Iverson asked and received unanimous consent that House
  File 662 be immediately messaged to the House.

  UNFINISHED BUSINESS
  (Pending February 27, 1997)

  Senate File 161

  The Senate resumed consideration of Senate File 161, a bill for an
  act modifying the holding temperature required for the storage of
  eggs sold at retail, referred to the committee on Appropriations on
  February 27, 1997, with report of committee on Appropriations
  recommending passage on April 15, 1997, was taken up for further
  consideration.
  94th Day WEDNESDAY, APRIL 16, 1997 1217
  Senator Rife moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 161) 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 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 161 be immediately messaged to the House.

  BUSINESS PENDING

  House File 514

  The Senate resumed consideration of House File 514, a bill for an
  act relating to financial liability coverage and registration
  requirements for motor vehicles in this state, providing for the
  seizure of motor vehicle registration plates, and providing penalties
  and effective dates, previously deferred.
  1218 JOURNAL OF THE SENATE 94th Day
  Senator Neuhauser withdrew amendment S-3550 filed by her
  from the floor to pages 1, 2, 4-6 and 10-12 of the bill.

  Senator Douglas 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. 514) the vote was:

  Ayes, 37:

  Angelo Bartz Behn Boettger
  Connolly Dearden Deluhery Douglas
  Flynn Fraise Freeman Gettings
  Halvorson Hansen Harper Hedge
  Horn Iverson Jensen Judge
  Kibbie King Kramer Lundby
  Maddox McCoy McKean McKibben
  Palmer Redfern Redwine Rife
  Rittmer Schuerer Tinsman Vilsack
  Zieman

  Nays, 12:

  Black, D. Black, J. Borlaug Drake
  Dvorsky Fink Gronstal Hammond
  Neuhauser Rehberg Rensink Szymoniak

  Absent or not voting, 1:

  McLaren

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

  BUSINESS PENDING

  House File 331

  The Senate resumed consideration of House File 331, a bill for an
  act relating to the authorization of school officials to conduct searches
  of students, student protected areas, lockers, desks, and other
  facilities and spaces and including effective and
  applicability
  94th Day WEDNESDAY, APRIL 16,
  1997 1219
  provisions and division S-3356B by committee on Education to page
  1 of the bill, previously deferred.

  Senator Redwine moved the adoption of division S-3356B.

  A record roll call was requested.

  On the question "Shall division S-3356B be adopted?" (H.F. 331)
  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
  Dvorsky Fink Flynn Fraise
  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
  Freeman Hedge Iverson Jensen
  King Kramer Maddox McKean
  McKibben Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 1:

  McLaren

  Division S-3356B lost.

  Senator Neuhauser withdrew amendment S-3231 filed by her on
  March 25, 1997, to page 1 of the bill.

  Senator Fink offered amendment S-3551 filed by him from the
  floor to page 1 of the bill and moved its adoption.
  1220 JOURNAL OF THE SENATE 94th Day
  A record roll call was requested.

  On the question "Shall amendment S-3551 be adopted?" (H.F. 331)
  the vote was:

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

  Ayes, 24:

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

  Nays, 25:

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

  Absent or not voting, 1:

  McLaren

  Amendment S-3551 lost.

  Senator Vilsack offered amendment S-3542 filed by Senators
  Vilsack, Redwine and Boettger from the floor to page 2 of the bill and
  moved its adoption.

  Amendment S-3542 was adopted by a voice vote.

  Senator Vilsack asked and received unanimous consent to
  withdraw amendment S-3480 filed by Senators Vilsack, Redwine
  and Boettger on April 14, 1997, to page 2 of the bill.

  Senator Redwine 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.
  94th Day WEDNESDAY, APRIL 16, 1997 1221
  On the question "Shall the bill pass?" (H.F. 331) the vote was:

  Ayes, 43:

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

  Nays, 6:

  Dvorsky Gronstal Hammond Harper
  Neuhauser Rife

  Absent or not voting, 1:

  McLaren

  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 331 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  House File 694

  On motion of Senator Angelo, House File 694, a bill for an act
  extending the provisions relating to the eradication of brucellosis to
  apply to animals other than bovine animals, making penalties
  applicable, and providing an effective date, with report of committee
  recommending amendment and passage and placed on the Unfinished
  Business Calendar on April 10, 1997, was taken up for consideration.

  Senator Angelo offered amendment S-3303 filed by the committee
  on Agriculture on April 1, 1997, to pages 6, 9, 10 and 12 of the bill and
  moved its adoption.
  1222 JOURNAL OF THE SENATE 94th Day
  Amendment S-3303 was adopted by a voice vote.

  Senator Hansen offered amendment S-3522 filed by him on April
  15, 1997, to page 14 and the title page of the bill.

  Senator Rensink raised the point of order that amendment S-3522
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3522 out
  of order.

  Senator Angelo 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. 694) 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 Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Redfern

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

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:
  94th Day WEDNESDAY, APRIL 16, 1997 1223
  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 16, 1997, concurred in the Senate amendment to the House
  amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  Senate File 236, a bill for an act relating to the certificate of need
  program.

  ALSO: That the House has on April 16, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 128, a bill for an act relating to the statistical
  reporting of terminations of pregnancy and establishing a penalty
  (S-3553).

  ALSO: That the House has on April 16, adopted the following resolutions in
  which
  the concurrence of the Senate is asked:

  House Concurrent Resolution 18, a concurrent resolution
  recognizing the 150th anniversary of the founding of the University of
  Iowa.

  This resolution was read first time and passed on file.

  House Concurrent Resolution 21, a concurrent resolution
  establishing a special commission to study and make
  recommendations concerning urban planning, growth management of
  cities, and protection of farmland.

  This resolution was read first time and passed on file.

  ALSO: That the House has on April 16, 1997, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  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.

  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.
  1224 JOURNAL OF THE SENATE 94th Day
  ALSO: That the House has on April 16, 1997, amended the Senate amendment,
  concurred in the Senate amendment as amended, and passed the following bill
  in
  which the concurrence of the Senate is asked:

  House File 579, a bill for an act relating to the membership of the
  medical assistance advisory council (S-3545 to H-1646).

  INTRODUCTION OF BILLS

  Senate File 544, by committee on Ways and Means, a bill for an
  act relating to the designation of unincorporated areas of a county as
  rural improvement zones, providing for improvement projects in the
  zones, authorizing the issuance of certificates of indebtedness, and
  payment of the indebtedness by tax increment financing and an
  annual standby tax by such zones.

  Read first time and placed on Ways and Means Calendar.

  Senate File 545, by committee on Ways and Means, a bill for an
  act relating to the nonrenewal or suspension of motor vehicle licenses
  for failure to pay indebtedness owed to or being collected by the state
  in pilot project counties, and providing an effective date.

  Read first time and placed on Ways and Means Calendar.

  HOUSE AMENDMENT CONSIDERED

  Senate File 193

  Senator Black of Kossuth called up for consideration Senate File
  193, a bill for an act relating to the election of trustees for special land
  use districts, amended by the House and moved that the Senate
  concur in House amendment S-3462 filed April 10, 1997.

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

  Senator Black of Kossuth 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. 193) the vote was:
  94th Day WEDNESDAY, APRIL 16, 1997 1225
  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.

  UNFINISHED BUSINESS CALENDAR

  House File 142

  On motion of Senator Dearden, House File 142, a bill for an act
  relating to the hunting of deer with a pistol or revolver and providing
  a penalty, with report of committee recommending amendment and
  passage and placed on the Unfinished Business Calendar on April 10,
  1997, was taken up for consideration.

  Senator Dearden offered amendment S-3200 filed by the
  committee on Natural Resources on March 20, 1997, to page 1 of the
  bill and moved its adoption.

  Amendment S-3200 was adopted by a voice vote.

  Senator King withdrew amendment S-3531 filed by him from the
  floor to page 1 of the bill.

  Senator Dearden 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.
  1226 JOURNAL OF THE SENATE 94th Day
  On the question "Shall the bill pass?" (H.F. 142) the vote was:

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

  Ayes, 26:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Dearden
  Deluhery Douglas Flynn Horn
  Iverson King Kramer Lundby
  McCoy McKibben McLaren Redfern
  Redwine Rehberg Rensink Rittmer
  Schuerer Zieman

  Nays, 24:

  Connolly Drake Dvorsky Fink
  Fraise Freeman Gettings Gronstal
  Halvorson Hammond Hansen Harper
  Hedge Jensen Judge Kibbie
  Maddox McKean Neuhauser Palmer
  Rife Szymoniak Tinsman 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 House
  Files 694 and 142 and Senate File 193 be immediately messaged
  to the House.

  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 16, 1997, amended and passed the following bill in which the
  concurrence
  of the Senate is asked:

  Senate File 241, a bill for an act adopting the uniform transfer on
  death security registration Act (S-3556).
  94th Day WEDNESDAY, APRIL 16, 1997 1227
  APPENDIX

  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing
  Senate File 528, the following corrections were made:

  1. Page 7, line 26, the number "455H.302" was changed to the number
  "455H.301'.

  2. Page 7, line 33, the word and number "subsection 3" were changed to the
  word
  and number "subsection 2".

  3. Page 15, line 34, the number "455H.302" was changed to the number
  "455H.301".

  4. Page 19, line 27, the number "455H.302" was changed to the number
  "455H.301".

  5. Page 20, line 3, the number "455H.302" was changed to the number
  "455H.302".

  6 Page 26, line 24, the number "455H.303" was changed to the number
  "455H.301".

  7. Page 28, line 16, the number "455H.302" was changed to the number
  455H.301".

  MARY PAT  GUNDERSON
  Secretary of the Senate

  EXPLANATIONS OF VOTES

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  16, 1997, when the vote was taken on House File 376.

  Had I been present, I would have voted "aye".

  JOHN REDWINE

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  16, 1997, when the vote was taken on House Files 615 and 680.

  Had I been present, I would have voted "aye" on both bills.

  MAGGIE TINSMAN

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  16, 1997, when the vote was taken on House File 662.

  Had I been present, I would have voted "aye".

  LARRY McKIBBEN


  STUDY BILLS RECEIVED

  SSB 269 Agriculture
  1228 JOURNAL OF THE SENATE 94th Day
  A senate resolution to request that the Legislative Council establish
  a study committee to consider issues relating to holding legal or
  equitable interests in agricultural land.

  SSB 270 Ways and Means

  Providing for the creation of an Iowa educational savings plan
  trust, addressing tax aspects, and containing applicability provisions.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 543


  STATE GOVERNMENT: Rittmer, Chair; Kibbie and McKibben

  SSB 269

  AGRICULTURE: Rensink, Chair; Behn and Kibbie

  SSB 270

  WAYS AND MEANS: Borlaug, Chair; Hedge and Vilsack

  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
  16th day
  of April, 1997:

  Senate Files 75, 118, 230, 395, 501, 516 and 361.

  MARY PAT  GUNDERSON
  Secretary of the Senate

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT: I move to reconsider the vote by which House File 611
  passed the Senate on April 16, 1997.

  PATRICK J. DELUHERY

  MADAM PRESIDENT: I move to reconsider the vote by which House File 611
  passed the Senate on April 16, 1997.

  NEAL SCHUERER
  94th Day WEDNESDAY, APRIL 16, 1997 1229
  MADAM PRESIDENT: I move to reconsider the vote by which House File 514
  passed the Senate on April 16, 1997.

  JACK RIFE


  PRESENTATION OF VISITORS

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

  Three fifth grade students from Winterset school, accompanied by
  Linda Jones. Senator Douglas.

  Forty students, members of the Camp Fire girls and boys from
  Cedar Rapids, Lisbon, Mount Vernon and Marion, accompanied by
  Halane Cummings. Senator Dvorsky.

  Twenty sixth grade students from Hoover Elementary School, Iowa
  City, accompanied by Mrs. Myrik, Mrs. McNeil and Mrs. Farraj.
  Senator Dvorsky.

  Thirty students from Collins-Maxwell High School, Maxwell,
  accompanied by JoAnn Triggs. Senators Hammond and McKibben.

  Twenty-two eighth grade students from West Marshall High
  School, State Center, accompanied by Pat Anderson. Senator
  McKibben.

  Fifty-one ninth grade students from Oelwein High School, Oelwein,
  accompanied by Steve Pike. Senator Rehberg.

  Thirty sixth grade students from Hoover Elementary School, Iowa
  City, accompanied by Ronda Myrvick. Senator Neuhauser.

  Senator Szymoniak presented five government group visitors who
  are in Iowa for three weeks to learn about government through the
  Community Connections program sponsored by the Iowa Council for
  International Understanding who provide training on contract with
  the Ukraine and Moldova concerning government, business, and the
  legal system for foreign visitors to the United States.
  1230 JOURNAL OF THE SENATE 94th Day
  COMMITTEE REPORTS

  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 543, 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.

  Recommendation: DO PASS.

  Final Vote: Ayes, 13: Rittmer, Lundby, Kibbie, Borlaug, Deluhery, Drake,
  Fink,
  Gronstal, Halvorson, King, McLaren, Rife and Szymoniak. Nays, none. Pass, 2:
  McKibben and Tinsman.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 445, a bill for an act relating to the
  budgets of
  county emergency management agencies and providing an applicability date.

  Recommendation: DO PASS.

  Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Deluhery, Drake, Freeman,
  Hedge, Judge, Maddox, Redfern, Szymoniak and Vilsack. Nays, none. Absent or
  not
  voting, 3: Borlaug, Connolly and McLaren.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 544 (SSB 259), a bill for an act relating to
  the
  designation of unincorporated areas of a county as rural improvement zones,
  providing
  for improvement projects in the zones, authorizing the issurance of
  certificates of
  indebtedness, and payment of the indebtedness by tax increment financing and
  an
  annual standby tax by such zones.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Drake, Freeman,
  Hedge,
  Judge, Maddox, Redfern, Szymoniak and Vilsack. Nays, 1: Deluhery. Absent or
  not
  voting, 2: Connolly and McLaren.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Ways and Means Committee on
  Senate
  File 544 and they were attached to the committee report.

  ALSO:
  94th Day WEDNESDAY, APRIL 16, 1997 1231
  Final Bill Action: *SENATE FILE 545 (SSB 262), a bill for an act relating to
  the
  nonrenewal or suspension of motor vehicle licenses for failure to pay

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Ways and Means Committee on
  Senate
  File 545 and they were attached to the committee report.

  BILLS ASSIGNED TO COMMITTEE

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

  H. C. R. 18 Education
  H. C. R. 21 Local Government
  S. F.  540 Business and Labor

  AMENDMENTS FILED

  S(3529 S. F.  515 House amendment
  S(3530 H. F.  121 House amendment
  S(3531 H. F.  142 Steve King
  S(3532 S. F.  542 Tom Vilsack
  Mary Lou Freeman
  Patty Judge
  S(3533 S. F.  500 Jack Rife
  S(3534 S. F.  500 Sheldon Rittmer
  Richard F. Drake
  Allen Borlaug
  S(3535 S. F.  500 Jack Rife
  S(3536 H. F.  697 James E. Black
  S(3537 S. F.  529 Mary A. Lundby
  S(3538 H. F.  697 James E. Black
  S(3539 H. F.  697 James E. Black
  S(3540 S. F.  432 House amendment
  S(3541 H. F.  514 JoAnn Douglas
  S(3542 H. F.  331 Tom Vilsack
  1232 JOURNAL OF THE SENATE 94th Day
  John Redwine
  Nancy Boettger
  S(3543 S. F.  500 Merlin E. Bartz
  S(3544 H. F.  514 Tom Vilsack
  Richard F. Drake
  S(3545 H. F.  579 House amendment
  S(3546 H. F.  625 Robert Dvorsky
  Mary A. Lundby
  S(3547 H. F.  698 Steve King
  S(3548 H. F.  715 Robert E. Dvorsky
  S(3549 H. F.  715 Merlin E. Bartz
  S(3550 H. F.  514 Mary Neuhauser
  S(3551 H. F.  331 Bill Fink
  S(3552 H. F.  612 Nancy Boettger
  Tom Vilsack
  Wilmer Rensink
  Maggie Tinsman
  Elaine Szymoniak
  S(3553 S. F.  128 House amendment
  S(3554 H. F.  715 Elaine Szymoniak
  S(3555 S. F.  543 O. Gene Maddox
  Elaine Szymoniak
  S(3556 S. F.  241 House amendment
  S(3557 H. F.  715 Wally E. Horn


  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 7:40 p.m.,
  until 9:00 a.m., Thursday, April 17, 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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