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ONE HUNDREDTH CALENDAR DAY SIXTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 22, 1997 The Senate met in regular session at 9:12 a.m., President Kramer presiding. Prayer was offered by the Bishop Christopher Epting of the Episcopal Diocese of Iowa. The Journal of Monday, April 21, 1997, was approved. SPECIAL GUESTS Senator Szymoniak presented Pat McManus, Director of Rock in Prevention (RIP), one of America's 20 best substance abuse prevention programs. Mr. McManus, assisted by representative students from local high schools who encircled the chamber, presented a sample of his outcome-based workshops in which over 275,000 Iowans have participated. Rock in Prevention trains local high school role models who teach younger students, kindergarten through grade eight, refusal skills to alcohol, tobacco and other drugs. HOUSE AMENDMENT CONSIDERED Senate File 123 Senator Maddox called up for consideration Senate File 123, a bill for an act relating to runaway children, by defining when a child is a chronic runaway, authorizing county runaway treatment plans, and providing for assessment and treatment procedures for chronic runaways, amended by the House and moved that the Senate concur in House amendment S-3463 filed April 10, 1997. 100th Day TUESDAY, APRIL 22, 1997 1323 The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Maddox 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. 123) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hansen 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, 2: Hammond Harper Absent or not voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) House File 717 On motion of Senator Hansen, House File 717, a bill for an act to legalize the proceedings taken by the Sergeant Bluff city council to grant an urban revitalization tax exemption for certain property and 1324 JOURNAL OF THE SENATE 100th Day providing an effective and retroactive applicability date, with report of committee recommending passage, was taken up for consideration. Senator Hansen 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. 717) 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 (Ways and Means Calendar) House File 330 On motion of Senator McKibben, House File 330, a bill for an act relating to the state income tax checkoff for domestic abuse services and providing a retroactive applicability date, with report of committee recommending passage, was taken up for consideration. Senator McKibben offered amendment S-3461 filed by him on April 10, 1997, to page 1 and the title page of the bill and moved its adoption. 100th Day TUESDAY, APRIL 22, 1997 1325 Amendment S-3461 was adopted by a voice vote. Senator Gronstal stated that House File 330 should be referred to the committee on Appropriations with the adoption of amendment S-3461. Senate Iverson asked and received unanimous consent that House File 330 be referred to the committee on Appropriations. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 698 Senator Szymoniak called up for consideration House File 698, a bill for an act relating to child abuse information and the central registry for child abuse information maintained by the department of human services and providing an effective date, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3643 to Senate amendment H-1796 filed on April 21, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Szymoniak moved that the bill as amended by the Senate, further 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?" (H.F. 698) 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 1326 JOURNAL OF THE SENATE 100th Day 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 717 and 698 be immediately messaged to the House and to send an immediate message to the House on Senate File 123. HOUSE AMENDMENT CONSIDERED Senate File 128 Senator Bartz called up for consideration Senate File 128, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing a penalty, amended by the House in House amendment S-3553 filed April 16, 1997. Senator Bartz withdrew amendment S-3673 filed by him from the floor to House amendment S-3553. Senator Bartz offered amendment S-3674 filed by him from the floor to House amendment S-3553. Senator Bartz asked and received unanimous consent that action on amendment S-3674 to House amendment S-3553, House amendment S-3553 and Senate File 128 be deferred. 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 22, 1997, passed the following bills in which the concurrence of the House was asked: 100th Day TUESDAY, APRIL 22, 1997 1327 Senate File 21, a bill for an act eliminating the requirement that a nonperpetual care cemetery post a sign indicating the cemetery is a nonperpetual care cemetery. Senate File 116, a bill for an act relating to the appointment and resignation of registered agents of corporations, limited liability companies, and partnerships and their registered offices. ALSO: That the House has on April 22, 1997, concurred in the Senate amendment passed the following bills in which the concurrence of the House was asked: House File 453, a bill for an act relating to the grounds for termination of parental rights of a putative father. House File 693, a bill for an act relating to civil actions and statutes of limitations in civil actions, the rate of interest on judgments and decrees, procedures for furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, and joint and several liability. 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. RECESS On motion of Senator Iverson, the Senate recessed at 10:22 a.m., until 11:15 a.m. RECONVENED The Senate reconvened at 11:24 a.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 45 present, 5 absent and a quorum present. 1328 JOURNAL OF THE SENATE 100th Day BUSINESS PENDING Senate File 128 The Senate resumed consideration of Senate File 128, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing a penalty, House amendment S-3553 and amendment S-3674 by Senator Bartz to House amendment S-3553, previously deferred. Senator Connolly rose on a point of parliamentary inquiry that pursuant to parliamentary rules, the previous motion to defer, made after final remarks on the amendment and before a vote was taken, was out of order. The Chair clarified that Senator Bartz had not completed his final remarks at the time of deferral, had deferred only upon the requests of the majority and minority leader, and that there was an agreement between the majority and minority leaders, Senator Bartz and Senator Connolly to return to general debate on the amendment. Senator Bartz moved the adoption of amendment S-3674 to House amendment S-3553. A record roll call was requested. On the question "Shall amendment S-3674 to House amendment S-3553 be adopted?" (S.F. 128) the vote was: Ayes, 23: Angelo Behn Black, J. Boettger Douglas Flynn Freeman Hedge Iverson Jensen Kibbie King McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Szymoniak Zieman Nays, 27: Bartz Black, D. Borlaug Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kramer Lundby Maddox Neuhauser Palmer Rife Rittmer Tinsman Vilsack 100th Day TUESDAY, APRIL 22, 1997 1329 Amendment S-3674 lost. Senator Iverson asked and received unanimous consent that action on House amendment S-3553 and Senate File 128 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 12:25 p.m., until 2:00 p.m. AFTERNOON SESSION The Senate reconvened at 2:08 p.m., Senator Maddox presiding. 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 22, 1997, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 281, a bill for an act relating to judicial administration (S-3677). INTRODUCTION OF BILL Senate File 550, by Iverson and Gronstal, a bill for an act establishing an oversight and communications committee, establishing a legislative information technology bureau, and providing an effective date. Read first time and passed on file. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 39 present, 11 absent and a quorum present. 1330 JOURNAL OF THE SENATE 100th Day UNFINISHED BUSINESS CALENDAR Senate File 418 On motion of Senator Redfern, Senate File 418, a bill for an act relating to corporations by providing for the call of special meetings of shareholders, for the combination of a corporation and certain shareholders, and for certain merger and share acquisitions and placed on the Unfinished Business Calendar on April 3, 1997, was taken up for consideration. Senator Redfern offered amendment S-3278 filed by him on March 31, 1997, to pages 3 and 4 of the bill and moved its adoption. Amendment S-3278 was adopted by a voice vote. Senator Redfern asked and received unanimous consent that House File 628 be substituted for Senate File 418 as amended. House File 628 On motion of Senator Redfern, House File 628, a bill for an act relating to corporations by providing for the call of special meetings of shareholders, for the combination of a corporation and certain shareholders, and for certain merger and share acquisitions, 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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise until he returns on request of Senator Gettings. BUSINESS PENDING House File 628 The Senate resumed consideration of House File 628. 100th Day TUESDAY, APRIL 22, 1997 1331 On the question "Shall the bill pass?" (H.F. 628) 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 was agreed to. Senator Redfern asked and received unanimous consent that Senate File 418 be withdrawn from further consideration of the Senate. UNFINISHED BUSINESS CALENDAR House File 410 On motion of Senator Redwine, House File 410, a bill for an act relating to programs administered by the college student aid commission and establishing an osteopathic physician recruitment program, with report of committee recommending passage and placed on the Unfinished Business Calendar on April 10, 1997, was taken up for consideration. 1332 JOURNAL OF THE SENATE 100th Day 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. On the question "Shall the bill pass?" (H.F. 410) the vote was: Ayes, 47: 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 McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Fraise McCoy Rife 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 410 and 628 be immediately messaged to the House. The Senate stood at ease at 2:41 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 4:04 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. 100th Day TUESDAY, APRIL 22, 1997 1333 The vote revealed 36 present, 14 absent and a quorum present. HOUSE AMENDMENTS CONSIDERED Senate File 163 Senator Boettger called up for consideration Senate File 163, a bill for an act relating to the sale of cigarettes and tobacco products through vending machines, amended by the House and moved that the Senate concur in House amendment S-3510 filed on April 14, 1997. The motion lost by a voice vote and the Senate refused to concur in the House amendment. Senator Iverson asked and received unanimous consent that Senate File 163 be immediately messaged to the House. Senate File 503 Senator McKibben called up for consideration Senate File 503, a bill for an act relating to criminal justice, by providing for enhanced punishment for manufacturing methamphetamine in the presence of minors, providing restrictions on public nudity and actual or simulated public performance of sex acts in certain establishments, providing for abatement of nuisance created by certain establishments which allow or permit public nudity or actual or simulated public performances of sex acts in their establishment, making changes relating to permits and rights to carry and acquire weapons, providing for hormonal intervention therapy for persons convicted of certain sex offenses, authorizing probation supervision and revocation by administrative parole and probation judges in the sixth judicial district, providing restitution for death of a victim of a crime, and providing penalties and an effective date, amended by the House in House amendment S-3466 filed April 10, 1997. Senator Rife offered amendment S-3631 filed by Senators Rife, et al., on April 21, 1997, to House amendment S-3466. Senator Halvorson raised the point of order that amendment S- 3631 was not germane to the House amendment. 1334 JOURNAL OF THE SENATE 100th Day The Chair ruled the point not well taken and amendment S-3631 in order. Senator Rife moved the adoption of amendment S-3631. A record roll call was requested. On the question "Shall amendment S-3631 to House amendment S-3466 be adopted?" (S.F. 503) the vote was: Ayes, 14: Connolly Dearden Deluhery Dvorsky Fraise Hammond Harper Horn Kibbie Lundby Neuhauser Palmer Rife Szymoniak Nays, 34: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Douglas Drake Fink Flynn Freeman Gettings Gronstal Halvorson Hansen Hedge Iverson Jensen Judge King Kramer McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Tinsman Vilsack Zieman Absent or not voting, 2: Maddox Rittmer Amendment S-3631 lost. Senator Gronstal asked and received unanimous consent that action on House amendment S-3466 and Senate File 503 be deferred. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 597 Senator Tinsman called up for consideration House File 597, a bill for an act relating to school attendance by applying school attendance 100th Day TUESDAY, APRIL 22, 1997 1335 requirements under the family investment program, and providing a civil penalty for truancy, applicability provisions, and an effective date, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3669 to Senate amendment H-1693 filed April 21, 1997. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Tinsman moved that the bill as amended by the Senate, further 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?" (H.F. 597) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, 3: Gronstal Hammond Szymoniak Absent or not voting, 1: McCoy 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 597 be immediately messaged to the House. 1336 JOURNAL OF THE SENATE 100th Day BILL ASSIGNED TO COMMITTEE President Kramer announced the assignment of Senate File 550 to the committee on State Government. MOTION TO RECONSIDER WITHDRAWN House File 514 Senator Rife withdrew the motion to reconsider 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, filed by him on April 16, 1997, and found on page 1229 of the Senate Journal. Amendment S-3594 filed by Senator Lundby on April 17, 1997, to page 6 of the bill, was out of order. Senator Iverson asked and received unanimous consent that House File 514 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senate File 539 On motion of Senator McKean, Senate File 539, 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, with report of committee recommending passage, was taken up for consideration. 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?" (S.F. 539) the vote was: Ayes, 49: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise 100th Day TUESDAY, APRIL 22, 1997 1337 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, 1: McCoy 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 539 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senate File 542 On motion of Senator McLaren, Senate File 542, a bill for an act relating to and making supplemental appropriations for the fiscal year beginning July 1, 1996, and providing an effective date, was taken up for consideration. Senator Black of Jasper offered amendment S-3672 filed by Senators Black of Jasper, Borlaug and Rife on April 21, 1997, to pages 1 and 7 of the bill and moved its adoption. Amendment S-3672 was adopted by a voice vote. Senator Vilsack offered amendment S-3532 filed by Senators Vilsack, Freeman and Judge on April 16, 1997, to page 5 of the bill and moved its adoption. Amendment S-3532 was adopted by a voice vote. 1338 JOURNAL OF THE SENATE 100th Day Senator McLaren offered amendment S-3676 filed by Senators McLaren and Flynn from the floor to page 7 of the bill and moved its adoption. Amendment S-3676 was adopted by a voice vote. Senator Flynn offered amendment S-3580 filed by Senators Flynn, et al., on April 17, 1997, to page 7 of the bill. Senator McLaren raised the point of order that amendment S- 3580 was not germane to the bill. The Chair ruled the point well taken and amendment S-3580 out of order. Senator Hansen offered amendment S-3564 filed by him on April 17, 1997, to page 7 of the bill. Senator McLaren raised the point of order that amendment S- 3564 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3564 in order. Senator Hansen moved the adoption of amendment S-3564 and requested a record roll call. On the question "Shall amendment S-3564 be adopted?" (S.F. 542) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. 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 100th Day TUESDAY, APRIL 22, 1997 1339 Nays, 23: Angelo Bartz Behn Black, J. Boettger Douglas Drake Hedge Iverson Jensen King Kramer Lundby Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Zieman Absent or not voting, 5: Borlaug Freeman McKibben Rittmer Tinsman Amendment S-3564 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McKibben for the remainder of the evening on request of Senator Rehberg. BUSINESS PENDING Senate File 542 The Senate resumed consideration of Senate File 542. Senator Rife offered amendment S-3690 filed by him from the floor to page 7 of the bill. Senator Gronstal raised the point of order that amendment S- 3690 was not germane to the bill. The Chair ruled the point well taken and amendment S-3690 out of order. Senator McLaren offered amendment S-3675 filed by him from the floor to page 7 of the bill. Senator McLaren asked and received unanimous consent that action on amendment S-3675 be deferred. Senator Dvorsky offered amendment S-3691 filed by him from the floor to page 7 of the bill and moved its adoption. 1340 JOURNAL OF THE SENATE 100th Day Amendment S-3691 was adopted by a voice vote. Senator McLaren withdrew amendment S-3675 to page 7 of the bill, previously deferred. Senator Rife offered amendment S-3693 filed by him from the floor to page 6 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3693 be adopted?" (S.F. 542) the vote was: Ayes, 31: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Dvorsky Fraise Freeman Gettings Harper Hedge Horn Iverson Jensen Judge Kibbie King Lundby McKean Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 18: Black, D. Connolly Dearden Deluhery Fink Flynn Gronstal Halvorson Hammond Hansen Kramer Maddox McCoy McLaren Neuhauser Palmer Szymoniak Vilsack Absent or not voting, 1: McKibben Amendment S-3693 was adopted. (Action on Senate File 542 was deferred.) The Senate stood at ease at 6:49 p.m. until the fall of the gavel for the purpose of a party caucus. 100th Day TUESDAY, APRIL 22, 1997 1341 The Senate resumed session at 7:36 p.m., President Kramer presiding. BUSINESS PENDING Senate File 542 The Senate resumed consideration of Senate File 542, previously deferred. Senator McLaren withdrew amendment S-3694 filed by him from the floor to page 7 of the bill. Senator McLaren 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. 542) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 2: Gronstal Vilsack Absent or not voting, 3: Gettings McKibben Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 1342 JOURNAL OF THE SENATE 100th Day Senator Iverson asked and received unanimous consent that Senate File 542 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gettings for the remainder of the evening on request of Senator Hansen. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 15, by Neuhauser, a concurrent resolution requesting an interim committee on anatomical gift referral. Read first time and passed on file. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 22, 1997, passed the following bill in which the concurrence of the House was asked: Senate File 358, a bill for an act relating to the adoption of the interstate emergency management assistance compact. ALSO: That the House has on April 22, 1997, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 246, a bill for an act relating to snowmobiles and all- terrain vehicles by requiring title certificates, increasing snowmobile and all- terrain vehicle registration fees, and providing for point of sale registration (S-3684). ALSO: That the House has on April 22, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 722, by committee on ways and means, a bill for an act relating to establishing a capital investment board, tax credits, termination of the Iowa seed capital corporation, establishing a capital transition board, and providing an effective date. 100th Day TUESDAY, APRIL 22, 1997 1343 This bill was read first time and passed on file. House File 731, a bill for an act relating to public budgeting, regulatory, and organizational matters, making fund transfers and appropriations, and providing technical provisions, and providing effective dates. This bill was read first time and passed on file. ALSO: That the House has on April 22, 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 707, a bill for an act relating to substance abuse evaluation and education, use of ignition interlock devices, motor vehicle license revocations and payment of restitution by certain drivers; to civil liability, forfeiture, and criminal penalties arising from operation of a motor vehicle by a person whose license is suspended, denied, revoked, or barred; and providing penalties (S- 3695 to H-1692). ALSO: That the House has on April 22, 1997, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 515, a bill for an act relating to the determination of annual salaries for deputy sheriffs. 1344 JOURNAL OF THE SENATE 100th Day APPENDIX REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 549, the following corrections were made: 1. Page 28, line 3, the word and number "Section 201" were changed to the word and number "Section 14". 2. Page 28, line 7, the word and number "Section 16" were changed to the word and number "Section 17". MARY PAT GUNDERSON Secretary of the Senate PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Eleven high school students from Beckman High School, Dyersville. Senator Flynn. Sixty fifth grade students from Webster Elementary School, Oskaloosa, accompanied by Dick Hamilton. Senator Hedge. Sixth grade students from Nashua/Plainfield Elementary School, Nashua, accompanied by Ed Anderson. Senator Borlaug. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. C. R. 15 Human Resources H. F. 726 Ways and Means H. F. 731 Apropriations SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 14 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; J. Black, Borlaug, Fink, Hedge and Judge. 100th Day TUESDAY, APRIL 22, 1997 1345 Senate File 344 Reassignment) APPROPRIATIONS: McLaren, Chair; Borlaug, Hammond, Horn and Rittmer House File 266 WAYS AND MEANS: Redfern, Chair; Deluhery and Freeman House File 330 APPROPRIATIONS: McLaren, Chair; Douglas and Hammond House File 721 WAYS AND MEANS: Douglas, Chair; Connolly and Drake House File 724 WAYS AND MEANS: Douglas, Chair; McLaren and Palmer BILLS SIGNED BY THE GOVERNOR Communications were received announcing that on April 22, 1997, the governor approved and transmitted to the secretary of state the following bills: S.F. 30 ( 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. S.F. 95 ( Relating to water and ice vessel accident reports filed with the Natural Resource Commission of the Depaortment of Natural Resources and providing for an effective date and the act's applicability. S.F. 131 ( Relating to fraudulent practices involving family investment and medical assistance program benefits and making penalties applicable. S.F. 219 ( Relating to trespassing or stray livestock and providing remedies and an effective date. S.F. 232 ( Relating to notarial acts and providing an effective date. S.F. 235 ( Providing authority to soil and water conservation district commissioners to allocate moneys for the emergency restoration of permanent soil and water conservation practices. S.F. 238 ( Repealing the procedures for disposition of the contents of a decedent's safe deposit box and providing an effective date. 1346 JOURNAL OF THE SENATE 100th Day MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3651 to Senate File 540 was adopted by the Senate on April 21, 1997. JACK RIFE MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3674 to Senate File 128 failed to be adopted by the Senate on April 22, 1997. MERLIN E. BARTZ MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3674 to Senate File 128 failed to be adopted by the Senate on April 22, 1997. ALLEN BORLAUG COMMITTEE REPORT WAYS AND MEANS Final Bill Action: HOUSE FILE 266, a bill for an act relating to the administration of state individual income, corporate, motor fuel, and other taxes; property taxes, property tax credits and replacement claims; sales, services, and use taxes; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and providing a retroactive applicability date provision. . Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3686. Final Vote: Ayes, 13: Douglas, McKibben, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak and Vilsack. Nays, none. Absent or not voting, 2: Palmer and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S(3673 S. F. 128 Merlin E. Bartz S(3674 S. F. 128 Merlin E. Bartz S(3675 S. F. 542 Derryl McLaren S(3676 S. F. 542 Derryl McLaren Tom Flynn S(3677 S. F. 281 House amendment S(3678 S. F. 541 Jeff Angelo S(3679 H. F. 557 O. Gene Maddox S(3680 S. F. 128 Merlin E. Bartz S(3681 H. F. 613 Neal Schuerer 100th Day TUESDAY, APRIL 22, 1997 1347 Tom Flynn S(3682 H. F. 557 O. Gene Maddox S(3683 S. F. 128 Patricia Harper S(3684 S. F. 246 House amendment S(3685 H. F. 540 Mike Connolly S(3686 H. F. 266 Ways and Means S(3687 S. F. 128 Johnie Hammond S(3688 S. F. 128 Robert E. Dvorsky S(3689 S. F. 177 Merlin E. Bartz S(3690 S. F. 542 Jack Rife S(3691 S. F. 542 Robert E. Dvorsky S(3692 S. F. 543 Elaine Szymoniak S(3693 S. F. 542 Jack Rife S(3694 S. F. 542 Derryl McLaren S(3695 H. F. 707 House amendment ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:48 p.m., until 9:00 a.m., Wednesday, April 23, 1997.
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