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Senate Journal: Tuesday, April 22, 1997

  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.

Previous Day: Monday, April 21Next Day: Wednesday, April 23
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