Senate Journal: Wednesday, April 23, 1997

  ONE HUNDRED-FIRST CALENDAR DAY
  SIXTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, April 23, 1997


  The Senate met in regular session at 9:04 a.m., President pro
  tempore Redfern presiding.

  Prayer was offered by the Reverend Dr. Allen Call, pastor of the
  First United Methodist Church, Sioux City, Iowa.

  The Journal of Tuesday, April 22, 1997, was approved.

  HOUSE MESSAGE RECEIVED AND CONSIDERED

  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, passed the following bill in which the concurrence of
  the Senate
  is asked:

  House File 732, a bill for an act relating to housing development
  and making an appropriation.

  This bill was read first time and passed on file.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Szymoniak until she arrives on request of Senator Hansen.

  HOUSE AMENDMENT CONSIDERED

  Senate File 214

  Senator Borlaug called up for consideration Senate File 214, a bill
  for an act relating to the regulation of the use and disposal of
  sewage
  101st Day WEDNESDAY, APRIL 23, 1997
  1349
  sludge and providing a penalty, amended by the House, and moved
  that the Senate concur in House amendment S-3517 filed April 15,
  1997.

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

  Senator Borlaug moved that the bill as amended by the House and
  concurred in by the Senate, be read the last time now and placed
  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. 214) 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
  McCoy McKean McKibben Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Schuerer Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly McLaren Rittmer Szymoniak

  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 21, 1997)

  Senate File 530

  The Senate resumed consideration of Senate File 530, a bill for an
  act relating to the establishment of an E911 surcharge, providing
  for
  1350 JOURNAL OF THE SENATE 101st Day
  the distribution of the surcharge, and providing a pooling mechanism
  for the purchase of equipment necessary for an E911 system, and
  amendment S-3565 by Senators Drake, et al., to pages 1 and 2 of the
  bill, deferred April 21, 1997.

  Senator Gronstal offered amendment S-3659 filed by Senators
  Gronstal, McCoy and Hansen on April 21, 1997, to amendment S-
  3565.

  Senator Hansen asked and received unanimous consent that action
  on amendment S-3659 to amendment S-3565, amendment S-3565
  and Senate File 530 be deferred.

  UNFINISHED BUSINESS CALENDAR

  House File 613

  On motion of Senator Schuerer, House File 613, a bill for an act
  relating to linked deposit investment programs, with report of
  committee recommending passage and placed on the Unfinished
  Business Calendar on April 10, 1997, was taken up for consideration.

  Senator Schuerer asked and received unanimous consent to
  withdraw amendment S-3632 filed by Senators Schuerer and Flynn
  on April 21, 1997, to pages 2-5 of the bill.

  Senator Schuerer offered amendment S-3681 filed by Senators
  Schuerer and Flynn on April 22, 1997, to pages 2-5 of the bill and
  moved its adoption.

  Amendment S-3681 was adopted by a voice vote.

  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. 613) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  101st Day WEDNESDAY, APRIL 23, 1997 1351
  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 Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Black, J. Szymoniak

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

  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 707

  Senator McKean called up for consideration 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, amended by the Senate, further amended by the
  House and moved that the Senate concur in House amendment S-
  3695 to Senate amendment H-1692 filed April 22, 1997.

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

  Senator McKean 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.
  1352 JOURNAL OF THE SENATE 101st Day
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Black of Kossuth until he returns on request of Senator Behn.

  BUSINESS PENDING

  House File 707

  The Senate resumed consideration of House File 707.

  On the question "Shall the bill pass?" (H.F. 707) the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Black, J. Rife Szymoniak

  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)

  Senate File 541

  On motion of Senator Bartz, Senate File 541, a bill for an act
  relating to child day care provisions involving group day care
  homes
  101st Day WEDNESDAY, APRIL 23, 1997
  1353
  and establishing a child care home pilot project, with report of
  committee recommending passage, was taken up for consideration.

  Senator Angelo asked and received unanimous consent to withdraw
  amendment S-3678 filed by him on April 22, 1997, to pages 3 and 5
  of the bill.

  Senator Bartz offered amendment S-3699 filed by him from the
  floor to pages 2, 3, 7 and 8 of the bill and moved its adoption.

  Amendment S-3699 was adopted by a voice vote.

  Senator Bartz 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. 541) the vote was:

  Ayes, 46:

  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 Judge Kibbie Kramer
  Lundby Maddox McCoy McKean
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, 1:

  Angelo

  Absent or not voting, 3:

  Jensen King Rittmer

  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 541 be immediately messaged to the House.

  BILLS ASSIGNED TO COMMITTEE

  President pro tempore Redfern announced the assignment of the
  following bills to committee:

  H.F. 722 Ways and Means
  H.F. 732 Appropriations
  1354 JOURNAL OF THE SENATE 101st Day
  HOUSE AMENDMENT CONSIDERED

  Senate File 533

  Senator Maddox called up for consideration Senate File 533, a bill
  for an act relating to and making appropriations to the justice system
  and providing effective dates, amended by the House in House
  amendment S-3603 filed April 18, 1997.

  Senator Dvorsky offered amendment S-3664 filed by Senators
  Dvorsky, et al., on April 21, 1997, to House amendment S-3603,
  moved its adoption and requested a record roll call.

  On the question "Shall amendment S-3664 to House amendment
  S-3603 be adopted?" (S.F. 533) the vote was:

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

  Ayes, 23:

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

  Nays, 25:

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

  Absent or not voting, 2:

  Behn Jensen

  Amendment S-3664 lost.
  101st Day WEDNESDAY, APRIL 23, 1997 1355
  Senator Fraise offered amendment S-3698 filed by Senators
  Fraise, et al., from the floor to House amendment S-3603 and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3698 to House amendment
  S-3603 be adopted?" (S.F. 533) the vote was:

  Ayes, 20:

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

  Nays, 28:

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

  Absent or not voting, 2:

  Halvorson Jensen

  Amendment S-3698 lost.

  Senator Maddox offered amendment S-3637 filed by Senators
  Maddox, et al., on April 21, 1997, to House amendment S-3603.

  A record roll call was requested.

  On the question "Shall amendment S-3637 to House amendment
  S-3603 be adopted?" (S.F. 533) the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.
  1356 JOURNAL OF THE SENATE 101st Day
  Ayes, 43:

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

  Nays, 6:

  Bartz Black, J. Dearden Gronstal
  McCoy Redwine

  Absent or not voting, 1:

  McLaren

  Amendment S-3637 was adopted.

  Senator Fraise offered amendment S-3665 filed by Senators
  Fraise, et al., on April 21, 1997, to House amendment S-3603 and
  moved its adoption.

  Amendment S-3665 was adopted by voice vote.

  Senator Black of Jasper offered amendment S-3671 filed by him
  on April 21, 1997, to House amendment S-3603, moved its adoption
  and requested a record roll call.

  On the question "Shall amendment S-3671 to House amendment
  S-3603 be adopted?" (S.F. 533) 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
  101st Day WEDNESDAY, APRIL 23, 1997 1357
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Horn Judge
  Kibbie McCoy Neuhauser Palmer
  Szymoniak Vilsack

  Nays, 25:

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

  Absent or not voting, 3:

  Jensen Rife Rittmer

  Amendment S-3671 lost.

  Senator Dvorsky offered amendment S-3706 filed by Senators
  Dvorsky, Hammond and Hansen from the floor to House amendment
  S-3603, moved its adoption and requested a record roll call.

  On the question "Shall amendment S-3706 to House amendment
  S-3603 be adopted?" (S.F. 533) the vote was:

  Ayes, 22:

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

  Nays, 25:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Hedge Iverson King Kramer
  Maddox McKean McKibben McLaren
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Tinsman
  Zieman
  1358 JOURNAL OF THE SENATE 101st Day
  Absent or not voting, 3:

  Jensen McCoy Neuhauser

  Amendment S-3706 lost.

  Senator Maddox moved that the Senate concur in the House
  amendment as amended.

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

  Senator Maddox moved that the bill as amended by the House,
  further amended and concurred in by the Senate, be read the last
  time now and placed upon its passage, which motion prevailed by a
  voice vote and the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 533) 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
  Hammond Hansen Harper Hedge
  Horn Iverson Judge Kibbie
  King Kramer Lundby Maddox
  McKean McKibben McLaren Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 1:

  Neuhauser

  Absent or not voting, 2:

  Jensen McCoy

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 533 and House File 707 be immediately messaged to
  the House.
  101st Day WEDNESDAY, APRIL 23, 1997 1359
  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 23, 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 612, a bill for an act relating to child support recovery,
  providing penalties, and providing effective dates (S-3708 to H-
  1795).

  RECESS

  On motion of Senator Iverson, the Senate recessed at 12:20 p.m.,
  until 1:30 p.m.


  AFTERNOON SESSION

  The Senate reconvened at 1:43 p.m., President Kramer presiding.

  QUORUM CALL

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Maddox until he returns on request of Senator Zieman.

  The vote revealed 35 present, 15 absent and a quorum present.

  HOUSE AMENDMENT CONSIDERED

  Senate File 432

  Senator McKean called up for consideration Senate File 432, a bill
  for an act relating to the disposition of private property
  condemned
  1360 JOURNAL OF THE SENATE 101st
  Day
  under eminent domain, amended by the House, and moved that the
  Senate concur in House amendment S-3540 filed April 16, 1997.

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

  Senator McKean 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. 432) 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
  Hammond Hansen Harper Hedge
  Horn Iverson Jensen Judge
  Kibbie King Kramer Lundby
  Maddox McCoy McKean McKibben
  Neuhauser Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  McLaren Palmer Rife

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

  Senator Iverson asked and received unanimous consent that
  Senate File 432 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 21, 1997)

  Senate File 530

  The Senate resumed consideration of Senate File 530, a bill for an
  act relating to the establishment of an E911 surcharge, providing
  for
  101st Day WEDNESDAY, APRIL 23, 1997
  1361
  the distribution of the surcharge, and providing a pooling mechanism
  for the purchase of equipment necessary for an E911 system and
  amendment S-3565 by Senators Drake, et al., to pages 1 and 2 of the
  bill, deferred on April 21, 1997.

  Senator Gronstal offered amendment S-3659 filed by Senators
  Gronstal, McCoy and Hansen on April 21, 1997, to amendment S-
  3565 and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3659 to amendment S-
  3565 be adopted?" (S.F. 530) the vote was:

  Ayes, 21:

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

  Nays, 26:

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

  Absent or not voting, 3:

  Douglas McLaren Palmer

  Amendment S-3659 lost.

  Senator Drake moved the adoption of amendment S-3565, which
  motion prevailed by a voice vote.

  President Kramer stated that amendment S-3658 filed by
  Senators Gronstal, McCoy and Neuhauser on April 21, 1997, to page 2
  of the bill, was out of order.
  1362 JOURNAL OF THE SENATE 101st Day
  Senator Bartz took the chair at 2:38 p.m.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 530 be deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 529

  Senator Lundby called up for consideration Senate File 529, a bill
  for an act relating to and making appropriations to certain state
  departments, agencies, funds, and certain other entities, providing for
  regulatory authority, and other properly related matters, amended by
  the House in House amendment S-3527 filed April 15, 1997.

  Senator Lundby offered amendment S-3710 filed by her from the
  floor to House amendment S-3527 and moved its adoption.

  Amendment S-3710 was adopted by a voice vote.

  Senator Lundby offered amendment S-3537 filed by her on April
  16, 1997, to House amendment S-3527

  Senator Halvorson called for a division of amendment S-3537 to
  House amendment S-3527: lines 4 and 10 as division S-3537A and
  lines 5-9 as division S-3537B.

  Senator Lundby moved the adoption of division S-3537A to House
  amendment S-3527.

  A non record roll call was requested.

  The ayes were 29, nays 15.

  Division S-3537A was adopted.

  Senator Lundby moved the adoption of division S-3537B to House
  amendment S-3527, which motion prevailed by a voice vote.

  Senator Lundby offered amendment S-3711 filed by her from the
  floor to House amendment S-3527 and moved its adoption.
  101st Day WEDNESDAY, APRIL 23, 1997 1363
  Amendment S-3711 was adopted by a voice vote.

  Senator Lundby withdrew amendment S-3712 filed by her from
  the floor to House amendment S-3527.

  President Kramer took the chair at 3:35 p.m.

  Senator Rife withdrew amendment S-3719 filed by him from the
  floor to House amendment S-3527.

  Senator Lundby moved the Senate concur in House amendment S-
  3527 as amended, which motion prevailed by a voice vote.

  Senator Lundby moved that the bill as amended by the House,
  further amended and concurred in by the Senate, be read the last
  time now and placed upon its passage, which motion prevailed by a
  voice vote and the bill was read the last time.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Freeman until she returns on request of Senator Behn.

  BUSINESS PENDING

  Senate File 529

  The Senate resumed consideration of Senate File 529.

  On the question "Shall the bill pass?" (S.F. 529) the vote was:

  Ayes, 32:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Dvorsky Gettings Hedge Horn
  Iverson Jensen Kibbie King
  Kramer Lundby Maddox McKean
  McKibben Neuhauser Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Zieman
  1364 JOURNAL OF THE SENATE 101st Day
  Nays, 16:

  Black, D. Connolly Dearden Deluhery
  Fink Flynn Fraise Gronstal
  Halvorson Hammond Hansen Harper
  Judge McCoy Palmer Vilsack

  Absent or not voting, 2:

  Freeman McLaren

  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:

  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 23, 1997, receded from the House amendment to, and passed the
  following bill in which the concurrence of the House was asked:

  Senate File 163, a bill for an act relating to the sale of cigarettes
  and tobacco products through vending machines.

  ALSO: That the House has on April 23, 1997, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 714, a bill for an act relating to hospitals and health
  care facilities, including licensing and license fees, inspections and
  inspection fees and fines.

  This bill was read first time and assigned to Ways and Means.

  ALSO: That the House has on April 23, 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 533, a bill for an act relating to and making
  appropriations to the justice system and providing effective dates.
  101st Day WEDNESDAY, APRIL 23, 1997 1365
  INTRODUCTION OF BILLS

  Senate File 551, by committee on Appropriations, a bill for an act
  relating to the compensation and benefits for public officials and
  employees, providing for related matters, and making appropriations.

  Read first time and placed on Appropriations Calendar.

  Senate File 552, by committee on Appropriations, a bill for an act
  making appropriations from the rebuild Iowa infrastructure fund to
  the departments of cultural affairs, general services, economic
  development, public defense, natural resources, revenue and finance,
  public safety, education, transportation, and agriculture and land
  stewardship, the judicial department, and to the commission of
  veterans affairs, Loess Hills development and conservation authority,
  state fair foundation, and state board of regents, making an
  appropriation of marine fuel tax receipts from the general fund of the
  state, making appropriations from the rebuild Iowa infrastructure
  fund and the general fund of the state to the Iowa communications
  network for the connection and support of certain Part III users,
  making appropriations to various entities for other technology-related
  purposes, providing for the procurement of information technology,
  making statutory changes relating to the appropriations, and
  providing effective dates.

  Read first time and placed on Appropriations Calendar.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 543

  On motion of Senator Rittmer, 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, with report of committee recommending passage,
  was taken up for consideration.

  Senator Szymoniak offered amendment S-3692 filed by her on
  April 22, 1997, to pages 1, 2 and the title page of the bill, moved its
  adoption and requested a record roll call.
  1366 JOURNAL OF THE SENATE 101st Day
  On the question "Shall amendment S-3692 be adopted?" (S.F. 543)
  the vote was:

  Ayes, 22:

  Bartz Black, D. Connolly Dearden
  Deluhery Drake Dvorsky Fink
  Fraise Gettings Gronstal Hammond
  Hansen Harper Horn Judge
  Lundby McCoy Neuhauser Palmer
  Szymoniak Vilsack

  Nays, 27:

  Angelo Behn Boettger Borlaug
  Douglas Flynn Freeman Halvorson
  Hedge Iverson Jensen Kibbie
  King Kramer Maddox McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Tinsman Zieman

  Absent or not voting, 1:

  Black, J.

  Amendment S-3692 lost.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Black of Kossuth for the remainder of the day and April 24, 1997, on
  request of Senator Iverson.

  BUSINESS PENDING

  Senate File 543

  The Senate resumed consideration of Senate File 543.

  Senator Maddox offered amendment S-3555 filed by Senators
  Maddox and Szymoniak on April 16, 1997, to page 1 and the title page
  of the bill and moved its adoption.
  101st Day WEDNESDAY, APRIL 23, 1997 1367
  Amendment S-3555 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 543) the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Black, J. Lundby Rehberg

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

  The Senate stood at ease at 4:18 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:40 p.m., President Kramer
  presiding.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened: April 22, 1997, 7:55 p.m.

  Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond,
  Harper,
  1368 JOURNAL OF THE SENATE 101st Day
  Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink,
  Rife,
  Rittmer, Tinsman and Vilsack.

  Members Absent: none.

  Committee Business: Amended and approved SSBs 272 and 273; recommended
  passage of House File 330.

  Adjourned: 9:15 p.m.

  WAYS AND MEANS

  Convened: April 22, 1997, 1:20 p.m.

  Members Present: Douglas, Chair; McKibben, Vice Chair; Borlaug, Connolly,
  Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak and
  Vilsack.

  Members Absent: Palmer, Ranking Member and McLaren (both excused).

  Committee Business: Assigned bills to subcommittees; approved SSB 267 as a
  committee bill; recommended passage of House File 266.

  Adjourned: 2:03 p.m.

  STUDY BILL RECEIVED

  SSB 273 Appropriations

  Relating to the compensation and benefits for public officials and
  employees, providing for related matters, and making appropriations.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 550

  STATE GOVERNMENT: Rife, Chair; Fink and McLaren.

  House File 722

  WAYS AND MEANS: McKibben, Chair; Douglas and Vilsack

  House File 726

  WAYS AND MEANS: McKibben, Chair; Drake and Palmer

  SSB 273

  APPROPRIATIONS: McLaren, Chair; Kramer, McCoy, Neuhauser and Rife

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action: 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.
  101st Day WEDNESDAY, APRIL 23, 1997 1369
  Recommendation: DO PASS.

  Final Vote Ayes, 25: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug,
  Douglas,
  Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby,
  Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and
  Vilsack.
  Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 551, (SSB 273) a bill for an act relating to
  the
  compensation and benefits for public officials and employees, providing for
  related
  matters, and making appropriations.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: McLaren, Kramer, Borlaug, Douglas, Dvorsky, Hammond,
  Hedge, Jensen, Lundby, McCoy, Neuhauser, Rensink and Rife. Nays, 10: Flynn,
  Behn,
  D. Black, Freeman, Halvorson, Harper, Maddox, Rehberg, Tinsman and Vilsack.
  Absent or not voting, 2: Horn and Rittmer.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Appropriations Committee on
  Senate
  File 551 and they were attached to the committee report.

  ALSO:

  Final Bill Action: *SENATE FILE 552, (SSB 272) a bill for an act making
  appropriations from the rebuild Iowa infrastructure fund to the departments
  of
  cultural affairs, general services, economic development, public defense,
  natural
  resources, revenue and finance, public safety, education, transportation,
  and
  agriculture and land stewardship, the judicial department, and to the
  commission of
  veterans affairs, Loess Hills development and conservation authority, state
  fair
  foundation, and state board of regents, making an appropriation of marine
  fuel tax
  receipts from the general fund of the state, making appropriations from the
  rebuild
  Iowa infrastructure fund and the general fund of the state to the Iowa
  communications
  network for the connection and support of certain Part III users, making
  appropriations to various entities for other technology-related purposes,
  providing for
  the procurement of information technology, making statutory changes relating
  to the
  appropriations, and providing effective dates.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug,
  Douglas,
  Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby,
  Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer and Vilsack. Nays,
  1:
  Tinsman.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  1370 JOURNAL OF THE SENATE 101st Day
  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Appropriations Committee on
  Senate
  File 552 and they were attached to the committee report.

  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 548, a bill for an act relating to the
  administration
  of lasix to horses at a pari-mutuel racetrack and subjecting violators to
  civil and
  criminal penalties, and providing an effective date.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3700.

  Final Vote: Ayes, 13: Rittmer, Lundby, Kibbie, Borlaug, Deluhery, Drake,
  Fink,
  Gronstal, Halvorson, King, McKibben, Rife and Tinsman. Nays, none. Absent or
  not
  voting, 2: McLaren and Szymoniak.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 550, a bill for an act establishing an
  oversight and
  communications committee, establishing a legislative information technology
  bureau,
  and providing an effective date.

  Recommendation: DO PASS.

  Final Vote: Ayes, 11: Rittmer, Lundby, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, McKibben and Rife. Nays, none. Absent or not voting, 4:
  Borlaug,
  McLaren, Szymoniak and Tinsman.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  EXPLANATION OF VOTES

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  23, 1997, when the vote was taken on amendment S(3664 to Senate File 533.

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

  JERRY BEHN

  MADAM PRESIDENT: I was necessarily absent from the Senate on April 23, 1997.
  Had I been present, I would have voted "aye" on Senate File 214.

  MIKE CONNOLLY

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:
  101st Day WEDNESDAY, APRIL 23, 1997 1371
  One hundred twenty third grade students from Lincoln Elementary
  School, Clear Lake, accompanied by Mrs. Tremmel and Mrs.
  Sorensen. Senator Bartz.

  Twelfth grade students from Dunkerton High School, Dunkerton,
  accompanied by George Pickup. Senator Rehberg.

  Forty sixth grade students from Pocahontas Catholic Elementary
  School, Pocahontas, accompanied by Julie Meyer. Senator Freeman.

  One hundred five eleventh and twelfth grade students from North
  High School, Sioux City, accompanied by Larry Twait, Kathie Strapp
  Kris Vint, Bob DeLoss, Leslie Dake, Cathy Lucas, Corey Lessmann
  and Mrs. Redwine. Senators Hansen and Redwine.

  AMENDMENTS FILED

  S(3696 H. F.  266 Robert E. Dvorsky
  S(3697 S. F.  544 H. Kay Hedge
  S(3698 S. F.  533 Eugene S. Fraise
  Steven D. Hansen
  Robert E. Dvorsky
  Dennis H. Black
  Patty Judge
  John P. Kibbie
  Don Gettings
  S(3699 S. F.  541 Merlin E. Bartz
  S(3700 S. F.  548 State Government
  S(3701 S. F.  515 Mary Neuhauser
  S(3702 H. F.  266 William D. Palmer
  S(3703 S. F.  128 Tom Vilsack
  S(3704 H. F.  266 Mary A. Lundby
  Steve King
  Wally E. Horn
  Steven D. Hansen
  S(3705 S. F.  367 Merlin E. Bartz
  S(3706 S. F.  533 Robert E. Dvorsky
  Johnie Hammond
  Steven D. Hansen
  S(3707 H. F.  731 Patricia Harper
  S(3708 H. F.  612 House amendment
  1372 JOURNAL OF THE SENATE 101st Day
  S(3709 S. F.  129 John P. Kibbie
  Johnie Hammond
  Patrick J. Deluhery
  Mary A. Lundby
  Mary Lou Freeman
  Mike Connolly
  S(3710 S. F.  529 Mary A. Lundby
  S(3711 S. F.  529 Mary A. Lundby
  S(3712 S. F.  529 Mary A. Lundby
  S(3713 S. F.  503 Bill Fink
  Johnie Hammond
  Mary Neuhauser
  Patricia Harper
  John P. Kibbie
  S(3714 S. F.  503 Bill Fink
  S(3715 H. F.  731 Jerry Behn
  S(3716 S. F.  390 Patty Judge
  Merlin E. Bartz
  S(3717 S. F.  177 Andy McKean
  Wally E. Horn
  Merlin E. Bartz
  S(3718 H. F.  625 Mary A. Lundby
  S(3719 S. F.  529 Jack Rife
  S(3720 H. F.  266 Donald B. Redfern
  S(3721 S. F.  544 O. Gene Maddox
  S(3722 H. F.  697 Steve King
  Rodney Halvorson
  S(3723 H. F.  266 Donald B. Redfern
  S(3724 S. F.  551 Michael E. Gronstal
  S(3725 H. F.  636 Robert E. Dvorsky
  Mary Neuhauser
  S(3726 S. F.  530 Michael E. Gronstal

  HOUSE AMENDMENT CONSIDERED
  (Deferred April 22, 1997)

  Senate File 503

  The Senate resumed consideration of 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,
  101st Day WEDNESDAY, APRIL 23, 1997
  1373
  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 and House amendment S-3466, deferred April
  22, 1997.

  Senator Fink offered amendment S-3713 filed by Senators Fink, et
  al., on April 23, 1997, to House amendment S-3466 and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3713 to House amendment
  S-3466 be adopted?" (S.F. 503) 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. Borlaug Connolly Dearden
  Deluhery Dvorsky Fink Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Horn Judge
  Kibbie McCoy Neuhauser Palmer
  Rife Szymoniak Vilsack

  Nays, 25:

  Angelo Bartz Behn Boettger
  Douglas Drake Flynn Freeman
  Hedge Iverson Jensen King
  Kramer Lundby McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Tinsman
  Zieman
  1374 JOURNAL OF THE SENATE 101st Day
  Absent or not voting, 2:

  Black, J. Maddox

  Amendment S-3713 lost.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Maddox until he returns on request of Senator Iverson.

  BUSINESS PENDING

  Senate File 503

  The Senate resumed consideration of Senate File 503.

  Senator Fink offered amendment S-3714 filed by him from the
  floor to House amendment S-3466 and moved its adoption.

  A record roll call was requested.

  Senator Hedge took the chair at 5:53 p.m.

  On the question "Shall amendment S-3714 to House amendment
  S-3466 be adopted?" (S.F. 503) the vote was:

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

  Ayes, 23:

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

  Nays, 25:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Flynn Freeman
  101st Day WEDNESDAY, APRIL 23, 1997 1375
  Hedge Iverson Jensen King
  Kramer Lundby McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Tinsman
  Zieman

  Absent or not voting, 2:

  Black, J. Maddox

  Amendment S-3714 lost.

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

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

  Senator McKibben 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. 503) the vote was:

  Ayes, 46:

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

  Nays, 1:

  Hammond

  Absent or not voting, 3:

  Black, J. Maddox Rife
  1376 JOURNAL OF THE SENATE 101st Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title as amended was agreed to.

  President Kramer took the chair at 5:58 p.m.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 529 and 543 be immediately messaged to the House
  and to send and immediate message on Senate Files 503 and 432.

  HOUSE AMENDMENT CONSIDERED
  (Deferred April 22, 1997)

  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 and House amendment S-3553, deferred
  on April 22, 1997.

  Senator Bartz withdrew the motion to reconsider amendment S-
  3674 to Senate File 128 filed by him on April 22, 1997, and found on
  page 1346 of the Senate Journal.

  Senator Borlaug withdrew the motion to reconsider amendment
  S-3674 to Senate File 128 filed by him on April 22, 1997, and found
  on page 1346 of the Senate Journal.

  Senator Dvorsky withdrew amendment S-3688 filed by him on
  April 22, 1997, to House amendment S-3553.

  Senator Hammond withdrew amendment S-3687 filed by her on
  April 22, 1997, to House amendment S-3553.

  Senator Bartz withdrew amendment S-3680 filed by him on April
  22, 1997, to House amendment S-3553.

  Senator Harper withdrew amendment S-3683 filed by her on April
  22, 1997, to House amendment S-3553.
  101st Day WEDNESDAY, APRIL 23, 1997 1377
  Senator Vilsack withdrew amendment S-3703 filed by him from
  the floor to House amendment S-3553.

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

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

  Senator Bartz 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. 128) the vote was:

  Ayes, 40:

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

  Nays, 8:

  Dearden Dvorsky Fink Gronstal
  Hammond Harper Neuhauser Szymoniak

  Absent or not voting, 2:

  Black, J. Maddox

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

  MOTION TO RECONSIDER WITHDRAWN

  Senator McCoy withdrew the motion to reconsider amendment S-
  3521 to Senate File 538, filed by him on April 15, 1997, and found on
  page 1191 of the Senate Journal.
  1378 JOURNAL OF THE SENATE 101st Day
  HOUSE AMENDMENT CONSIDERED
  (Deferred April 22, 1997)

  House File 121

  The Senate resumed consideration of 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 and House amendment S-3530, deferred April
  22, 1997.

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

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

  Senator Redwine 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?" (H.F. 121) the vote was:

  Ayes, 39:

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

  Nays, 9:

  Dearden Dvorsky Fink Gronstal
  Hammond Harper Neuhauser Rife
  Szymoniak

  Absent or not voting, 2:

  Black, J. Maddox
  101st Day WEDNESDAY, APRIL 23, 1997 1379
  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 121 be immediately messaged to the House.

  HOUSE AMENDMENT CONSIDERED

  House File 612

  Senator Boettger called up for consideration House File 612, a bill
  for an act relating to child support recovery, providing penalties, and
  providing effective dates, amended by the House, and moved that the
  Senate concur in House amendment S-3708 filed April 23, 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 House
  File 612 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  House File 485

  On motion of Senator Bartz, House File 485, a bill for an act
  relating to drainage districts by eliminating notice by petitioning
  landowners regarding the establishment of subdistricts, with report of
  committee recommending passage and placed on the Unfinished
  Business Calendar on April 10, 1997, was taken up for consideration.

  Senator Bartz 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. 485) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  1380 JOURNAL OF THE SENATE 101st Day
  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:

  Black, J.

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

  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 405

  Senator Boettger called up for consideration House File 405, a bill
  for an act relating to the sale, lease, or other disposition of property
  belonging to a school district or area education agency and providing
  an immediate effective date, amended by the Senate, further
  amended by the House and moved that the Senate concur in House
  amendment S-3644 to Senate amendment H-1584 filed April 21,
  1997.

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

  Senator Boettger 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. 405) the vote was:
  101st Day WEDNESDAY, APRIL 23, 1997 1381
  Ayes, 49:

  Angelo Bartz Behn Black, D.
  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.

  Absent or not voting, 1:

  Black, J.

  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 307

  The Senate resumed consideration of House File 307, a bill for an
  act relating to the definition of an owner of a mercantile
  establishment for purposes of recovery of merchandise or damages,
  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. 307) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  1382 JOURNAL OF THE SENATE 101st Day
  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:

  Black, J. Rife

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

  BUSINESS PENDING

  Senate File 530

  The Senate resumed consideration of Senate File 530, a bill for an
  act relating to the establishment of an E911 surcharge, providing for
  the distribution of the surcharge, and providing a pooling mechanism
  for the purchase of equipment necessary for an E911 system,
  previously deferred.

  Senator Gronstal offered amendment S-3726 filed by him from the
  floor to page 2 of the bill and moved its adoption.

  Amendment S-3726 lost by a voice vote.

  Senator Drake offered amendment S-3730 filed by Senators
  Drake, Boettger and King from the floor to page 2 of the bill and
  moved its adoption.

  Amendment S-3730 was adopted by a voice vote.
  101st Day WEDNESDAY, APRIL 23, 1997 1383
  Senator Drake 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. 530) the vote was:

  Ayes, 31:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Douglas
  Drake Flynn Fraise Freeman
  Gettings Hedge Horn Jensen
  Judge King Kramer Lundby
  Maddox McKean McKibben Neuhauser
  Redfern Redwine Rehberg Rensink
  Schuerer Tinsman Zieman

  Nays, 17:

  Dearden Deluhery Dvorsky Fink
  Gronstal Halvorson Hammond Hansen
  Harper Iverson Kibbie McCoy
  Palmer Rife Rittmer Szymoniak
  Vilsack

  Absent or not voting, 2:

  Black, J. 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
  Senate File 530 be immediately messaged to the House.

  HOUSE AMENDMENT CONSIDERED

  Senate File 177

  Senator McKean called up for consideration Senate File 177, a bill
  for an act relating to motor vehicle operator prohibitions and
  restrictions including exhibition driving, littering, blood alcohol test
  certificates, and handicapped parking, and by establishing or
  making
  1384 JOURNAL OF THE SENATE 101st
  Day
  existing penalties applicable, amended by the House in House
  amendment S-3573 filed April 17, 1997.

  Senator Bartz withdrew amendment S-3689 filed by him on April
  22, 1997, to House amendment S-3573.

  Senator McKean offered amendment S-3717 filed by Senators
  McKean, Horn and Bartz from the floor to House amendment S-
  3573 and moved its adoption.

  Amendment S-3717 was adopted by a voice vote.

  Senator McKean moved that the Senate concur in the House
  amendment as amended.

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

  Senator McKean moved that the bill as amended by the House
  further amended and concurred in by the Senate, be read the last
  time now and placed upon its passage, which motion prevailed by a
  voice vote and the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 177) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  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.
  101st Day WEDNESDAY, APRIL 23, 1997 1385
  Absent or not voting, 1:

  Black, J.

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

  HOUSE AMENDMENT CONSIDERED

  Senate File 515

  Senator Maddox called up for consideration 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, amended by the
  House in House amendment S-3529 filed April 16, 1997.

  Senator Maddox offered amendment S-3732 filed by him from the
  floor to House amendment S-3529 and moved its adoption.
  1386 JOURNAL OF THE SENATE 101st Day
  A record roll call was requested.

  On the question "Shall amendment S-3732 to House amendment
  S-3529 be adopted?" (S.F. 515) the vote was:

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

  Ayes, 23:

  Angelo Bartz Behn Borlaug
  Douglas Drake Freeman Hedge
  Iverson Jensen Kramer Lundby
  Maddox McKean McLaren Redfern
  Redwine Rehberg Rensink Rittmer
  Schuerer Tinsman Zieman

  Nays, 23:

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

  Absent or not voting, 4:

  Black, J. Gettings McKibben Rife

  Amendment S-3732 lost.

  Senator Maddox offered amendment S-3662 filed by him on April
  21, 1997, to House amendment S-3529 and moved its adoption.

  Amendment S-3662 was adopted by a voice vote.

  Senator Neuhauser offered amendment S-3701 filed by her from
  the floor to House amendment S-3529 and moved its adoption.

  A non record roll call was requested.

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.
  101st Day WEDNESDAY, APRIL 23, 1997 1387
  The ayes were 22, nays 25.

  Amendment S-3701 lost.

  Senator Maddox moved that the Senate concur in the House
  amendment as amended.

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

  Senator Maddox moved that the bill as amended by the House,
  further amended and concurred in by the Senate, be read the last
  time now and placed upon its passage, which motion prevailed by a
  voice vote and the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 515) the vote was:

  Ayes, 40:

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

  Nays, 8:

  Borlaug Dearden Hammond Harper
  Neuhauser Palmer Rife Szymoniak

  Absent or not voting, 2:

  Black, J. Deluhery

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title as amended was agreed to.
  1388 JOURNAL OF THE SENATE 101st Day
  UNFINISHED BUSINESS CALENDAR

  House File 643

  On motion of Senator Tinsman, House File 643, a bill for an act
  providing for grandparent and great-grandparent visitation rights,
  with report of committee recommending passage and placed on the
  Unfinished Business Calendar on April 10, 1997, was taken up for
  consideration.

  Senator Bartz took the chair at 7:53 p.m.

  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. 643) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas 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, 2:

  Black, J. Drake

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  101st Day WEDNESDAY, APRIL 23, 1997 1389
  UNFINISHED BUSINESS CALENDAR

  House File 702

  On motion of Senator Tinsman, House File 702, a bill for an act
  relating to human services and facility requirements involving the
  single entry point process for mental health and developmental
  disabilities services, regional planning councils, human services
  institution employee record checks, decategorization of adult
  disability services funding, legal settlement involving community-
  based providers of treatment or services, and the operating
  requirements of an intermediate care facility for persons with mental
  retardation, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.

  Senator Hammond offered amendment S-3630 filed by her on
  April 21, 1997, to pages 6 and 10 of the bill and moved its adoption.

  Amendment S-3630 was adopted by a voice vote.

  Senator Boettger offered amendment S-3425 filed by her on April
  8, 1997, to page 10 of the bill and moved its adoption.

  Amendment S-3425 was adopted by a voice vote.

  Senator Tinsman offered amendment S-3670 filed by Senators
  Tinsman, et al., on April 21, 1997, to page 10 and the title page of the
  bill and moved its adoption.

  Amendment S-3670 was adopted by a voice vote.

  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. 702) the vote was:
  1390 JOURNAL OF THE SENATE 101st Day
  Ayes, 49:

  Angelo Bartz Behn Black, D.
  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.

  Absent or not voting, 1:

  Black, J.

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 643 and 702 be immediately messaged to the House.

  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 335

  Senator Tinsman called up for consideration House File 335, a bill
  for an act relating to public health issues under the purview of the
  Iowa department of public health, including vital statistics, the board
  of nursing examiners, the board of dental examiners, lead poisoning,
  the immunization registry, the child death review team, plumbing
  provisions and fees, and providing a penalty and a contingent
  effective date, amended by the Senate, further amended by the House
  and moved that the Senate concur in House amendment S-3645 to
  Senate amendment H-1647 filed April 21, 1997.
  101st Day WEDNESDAY, APRIL 23, 1997 1391
  Senator Lundby asked and received unanimous consent that action
  on amendment S-3645 and House File 335 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McKean until he returns on request of Senator Hedge.

  UNFINISHED BUSINESS CALENDAR

  House File 635

  On motion of Senator Redfern, House File 635, a bill for an act to
  consider the use of less lethal munitions by peace officers not a use of
  deadly force, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.

  Senator Dvorsky offered amendment S-3589 filed by him on April
  17, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3589 was adopted by a voice vote.

  Senator Iverson offered amendment S-3733 filed by Senators
  Iverson and Fink from the floor to page 1 and the title page of the bill
  and moved its adoption.

  Amendment S-3733 was adopted by a voice vote.

  President Kramer took the chair at 8:38 p.m.

  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. 635) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  1392 JOURNAL OF THE SENATE 101st Day
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Hammond Hansen
  Harper Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Maddox McCoy McKibben
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Black, J. Halvorson Lundby McKean

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

  UNFINISHED BUSINESS CALENDAR
  (Pending April 22, 1997)

  House File 330

  The Senate resumed consideration of 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, referred to the
  committee on Appropriations on April 22, 1997, with report of
  committee on Appropriations recommending passage on April 23,
  1997, was taken up for further consideration.

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

  On the question "Shall the bill pass?" (H.F. 330) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  101st Day WEDNESDAY, APRIL 23, 1997 1393
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Maddox McCoy
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Black, J. Lundby McKean

  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 492

  On motion of Senator Dvorsky, House File 492, a bill for an act
  relating to supplemental needs trusts for persons with disabilities,
  with report of committee recommending passage and placed on the
  Unfinished Business Calendar on April 10, 1997, was taken up for
  consideration.

  Senator Dvorsky 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. 492) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Hedge Horn
  Iverson Jensen Judge Kibbie
  1394 JOURNAL OF THE SENATE 101st Day
  King Kramer Lundby Maddox
  McCoy McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Black, J. McKean

  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 557

  On motion of Senator Gronstal, House File 557, a bill for an act
  relating to the operation and regulation of certain insurance
  companies and mutual associations, and the regulatory authority of
  the insurance division of the department of commerce, with report of
  committee recommending passage and placed on the Unfinished
  Business Calendar on April 10, 1997, was taken up for consideration.

  Senator Maddox offered amendment S-3679 filed by him on April
  22, 1997, to pages 1, 5, 6 and 12 of the bill.

  Senator Gronstal raised the point of order that amendment S-
  3679 was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3679 out
  of order.

  Senator Maddox withdrew amendment S-3682 filed by him on
  April 22, 1997, to pages 1, 5, 6 and 12 of the bill.

  Senator Gronstal offered amendment S-3353 filed by him on April
  2, 1997, to page 6 of the bill and moved its adoption.

  Amendment S-3353 was adopted by a voice vote.
  101st Day WEDNESDAY, APRIL 23, 1997 1395
  Senator Gronstal offered amendment S-3423 filed by him on April
  8, 1997, to page 10 of the bill and moved its adoption.

  Amendment S-3423 was adopted by a voice vote.

  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.

  On the question "Shall the bill pass?" (H.F. 557) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  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 McCoy
  McKibben Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, 1:

  Maddox

  Absent or not voting, 4:

  Black, J. McKean McLaren Rife

  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 218

  On motion of Senator Freeman, House File 218, a bill for an act
  relating to service of notices of appraisement of property for
  state
  1396 JOURNAL OF THE SENATE 101st Day
  inheritance tax purposes, with report of committee recommending
  passage, was taken up for consideration.

  Senator Freeman 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. 218) the vote was:

  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 4:

  Black, J. McKean McLaren 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 674

  On motion of Senator Hammond, House File 674, a bill for an act
  providing a cause of action against the state for wrongful
  imprisonment, with report of committee recommending passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.
  101st Day WEDNESDAY, APRIL 23, 1997 1397
  Senator Hammond offered amendment S-3570 filed by her on
  April 17, 1997, to pages 1-3 of the bill and moved its adoption.

  Amendment S-3570 was adopted by a voice vote.

  Senator Hammond 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. 674) the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Black, J. McKean McLaren

  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 492, 405, 307, 485, 635, 330, 557, 218, 674 and Senate Files
  177 and 515 be immediately messaged to the House.
  1398 JOURNAL OF THE SENATE 101st Day
  HOUSE AMENDMENT CONSIDERED

  Senate File 129

  Senator McKibben called up for consideration Senate File 129, a bill
  for an act updating the Iowa Code references to the Internal Revenue
  Code and providing a retroactive applicability date and an effective
  date, amended by the House in House amendment S-3122 filed
  March 12, 1997.

  Senator Kibbie asked and received unanimous consent that action
  on House amendment S-3122 and Senate File 129 be deferred.

  UNFINISHED BUSINESS CALENDAR

  House File 544

  On motion of Senator Dvorsky, House File 544, a bill for an act
  relating to placements for adoption and foster care by providing for a
  family rights and responsibilities plan and agreement, with report of
  committee recommending passage and placed on the Unfinished
  Business Calendar on April 10, 1997, was taken up for consideration.

  Senator Dvorsky offered amendment S-3341 filed by the
  committee on Human Resources on April 2, 1997, to pages 2 and 3 of
  the bill and moved its adoption.

  Amendment S-3341 was adopted by a voice vote.

  Senator Dvorsky 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. 544) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Hedge Horn
  101st Day WEDNESDAY, APRIL 23, 1997 1399
  Iverson Jensen Judge Kibbie
  King Kramer Lundby Maddox
  McCoy McKibben Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Black, J. McKean McLaren

  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)

  Senate File 544

  On motion of Senator Maddox, Senate File 544, 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, was taken up for consideration.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 544 be deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 362

  Senator Bartz called up for consideration Senate File 362, a bill for
  an act establishing a wildlife depredation unit within the department
  of natural resources, allowing the discharge of firearms in state parks
  for certain purposes, providing for the issuance of additional free deer
  hunting licenses, subjecting violators to an existing penalty, and
  providing an effective date, amended by the House, and moved that
  the Senate concur in House amendment S-3518 filed April 15, 1997.
  1400 JOURNAL OF THE SENATE 101st Day
  Senator Bartz moved that the Senate concur in the House
  amendment.

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

  Senator Bartz 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. 362) the vote was:

  Ayes, 46:

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

  Nays, 1:

  Tinsman

  Absent or not voting, 3:

  Black, J. McKean Neuhauser

  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 658

  On motion of Senator Bartz, House File 658, a bill for an act
  relating to city ordinances and other official actions of a city
  council
  101st Day WEDNESDAY, APRIL 23, 1997
  1401
  and mayor, with report of committee recommending passage, was
  taken up for consideration.

  Senator Bartz 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. 658) the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Black, J. McKean Neuhauser

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

  HOUSE AMENDMENT CONSIDERED

  Senate File 281

  Senator Redfern called up for consideration Senate File 281, a bill
  for an act relating to judicial administration, amended by the House,
  and moved that the Senate concur in House amendment S-3677 filed
  April 22, 1997.
  1402 JOURNAL OF THE SENATE 101st Day
  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Redfern 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. 281) the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Black, J. McKean Neuhauser

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  Files 544 and 658 and Senate Files 362 and 281 be immediately
  messaged to the House.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:
  101st Day WEDNESDAY, APRIL 23, 1997 1403
  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 23, 1997, amended and passed the following bill in which the
  concurrence
  of the Senate is asked:

  Senate File 79, a bill for an act relating to a moratorium on the
  issuance of new licenses to conduct gambling games and providing an
  effective date (S-3727).

  ALSO: That the House has on April 23, 1997, refused to concur in the Senate
  amendment to the following bill in which the concurrence of the House was
  asked:

  Senate File 529, a bill for an act relating to and making
  appropriations to certain state departments, agencies, funds, and
  certain other entities, providing for regulatory authority, and other
  properly related matters.

  ALSO: That the House has on April 23, 1997, adopted the following
  resolutions in
  which the concurrence of the Senate is asked:

  House Concurrent Resolution 22, a concurrent resolution
  requesting the Legislative Council to establish a task force to study
  Iowa's system of state and local taxation and requiring reporting by
  certain dates.

  This resolution was read first time and passed on file.

  House Concurrent Resolution 23, a concurrent resolution to
  request that the Congress of the United States maintain and renew
  its commitment to America's corn growers and this nation's ethanol
  industry by supporting a tax exemption and by taking other actions to
  increase this nation's commitment to the production and use of
  ethanol.

  This resolution was read first time and passed on file.

  ALSO: That the House has on April 23, 1997, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 733, a bill for an act making appropriations from the
  rebuild Iowa infrastructure fund to the departments of cultural
  affairs, general services, economic development, public defense,
  natural resources, human services, revenue and finance,
  public
  1404 JOURNAL OF THE SENATE 101st Day
  safety, education, transportation, workforce development, and
  agriculture and land stewardship, and to the commission of veterans
  affairs, Loess Hills development and conservation authority, state fair
  foundation, and state board of regents, making an appropriation of
  marine fuel tax receipts from the general fund of the state, and
  making statutory changes relating to the appropriations.

  This bill was read first time and passed on file.

  ALSO: That the House has on April 23, 1997, concurred in the Senate
  amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  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.

  ALSO: That the House has on April 23, 1997, insisted on its amendment to
  House
  File 612, a bill for an act relating to child support recovery, providing
  penalties, and
  providing effective dates and that the members of the Conference Committee
  on part
  of the House are: The Representative from Cedar, Mr. Boddicker, Chair; the
  Representative from Tama, Mr. Brand; the Representative from Story, Ms.
  Burnett;
  the Representative from Polk, Mr. Lamberti and the Representative from
  Scott, Mr.
  Millage.

  INTRODUCTION OF BILLS

  Senate File 553, by committee on Ways and Means, a bill for an
  act relating to the tax treatment of financial institutions and their
  shareholders which have made an election under subchapter S of the
  Internal Revenue Code and including a retroactive applicability date
  provision.

  Read first time and placed on Ways and Means Calendar.

  Senate File 554, by committee on Ways and Means, a bill for an
  act providing for the creation of an Iowa educational savings plan
  trust, addressing tax aspects, and containing applicability provisions.

  Read first time and placed on Ways and Means Calendar.
  101st Day WEDNESDAY, APRIL 23, 1997 1405
  APPENDIX

  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 553 (SSB 267), a bill for an act relating to
  the tax
  treatment of financial institutions and its shareholders which have made an
  election
  under subchapter S of the Internal Revenue Code and including a retroactive
  applicability date provision.

  Recommendation: APPROVED COMMITTEE BILL.

  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.

  ALSO:

  Final Bill Action: *SENATE FILE 554 (SSB 270), a bill for an act providing
  for the
  creation of an Iowa educational savings plan trust, addressing tax aspects,
  and
  containing applicability provisions.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 15: Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.
  Nays, none.

  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 554 and they were attached to the committee report.

  ALSO:

  Final Bill Action: HOUSE FILE 724, a bill for an act relating to investments
  in
  counties and cities by providing for the establishment of enterprise zones
  in areas of
  counties and cities for which tax incentives and assistance are available
  for eligible
  businesses locating or located in the enterprise zone.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3736.

  Final Vote: Ayes, 14 Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern and Szymoniak. Nays,
  1:
  Vilsack.
  1406 JOURNAL OF THE SENATE 101st Day
  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S(3727 S. F.  79 House amendment
  S(3728 H. F.  697 Mike Connolly
  S(3729 H. F.  697 John P. Kibbie
  S(3730 S. F.  530 Richard F. Drake
  Nancy Boettger
  Steve King
  S(3731 H. F.  697 John P. Kibbie
  S(3732 S. F.  515 O. Gene Maddox

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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