Senate Journal: Thursday, April 24, 1997

  ONE HUNDRED SECOND CALENDAR DAY
  SIXTY-SECOND SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, April 24, 1997


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

  Prayer was offered by the Reverend Steven Pike, pastor of the
  Martelle Christian Church, Martelle, Iowa.

  The Journal of Wednesday, April 23, 1997, was approved.

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

  Senate File 473, a bill for an act requiring owners of agricultural
  drainage wells to prevent surface water intake into the wells,
  providing for the closure of certain wells and the construction of
  alternative drainage systems, providing state assistance for closing
  agricultural drainage wells, prohibiting the construction and use of
  certain structures located in agricultural drainage well areas,
  providing for the assessment and collection of certain drainage
  district expenses, providing penalties, and providing an effective date
  (S-3738).

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

  House File 730, a bill for an act relating to state government
  technology and operations, by making and relating to appropriations
  to the Iowa communications network for the connection and
  support
  1408 JOURNAL OF THE SENATE 102nd
  Day
  of certain Part III users, making appropriations to various entities for
  other technology-related purposes, providing for the procurement of
  information technology, and providing effective dates.

  This bill was read first time and passed on file.

  APPOINTMENT OF CONFERENCE COMMITTEE

  The Chair announced the following conference committee on
  House File 612 on the part of the Senate: Senators Boettger, Chair;
  Redfern, Schuerer, Neuhauser and Vilsack.

  QUORUM CALL

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

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

  UNFINISHED BUSINESS

  House File 456

  On motion of Senator Angelo, House File 456, a bill for an act
  relating to city civil service and providing an effective date, with
  report of committee recommending amendment and passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.

  Senator Angelo offered amendment S-3360 filed by the committee
  on Local Government on April 3, 1997, to pages 2 and 3 of the bill.

  Senator Angelo called for a division of amendment S-3360: line 3
  as division S-3660A and lines 4 and 5 as division S-3360B.

  Senator Angelo moved the adoption of division S-3360A.

  A record roll call was requested.
  102nd Day THURSDAY, APRIL 24, 1997 1409
  On the question "Shall division S-3360A be adopted?" (H.F. 456)
  the vote was:

  Ayes, 38:

  Bartz Behn Black, D. Boettger
  Borlaug Connolly Dearden Drake
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Harper Hedge
  Horn Jensen Judge Kibbie
  Lundby Maddox McKean McKibben
  McLaren Neuhauser Redfern Redwine
  Rehberg Rensink Rife Schuerer
  Szymoniak Tinsman

  Nays, 9:

  Angelo Deluhery Iverson King
  Kramer McCoy Palmer Vilsack
  Zieman

  Absent or not voting, 3:

  Black, J. Douglas Rittmer

  Division S-3360A was adopted.

  Senator Angelo moved the adoption of division S-3360B, which
  motion prevailed by a voice vote.

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

  On the question "Shall the bill pass?" (H.F. 456) 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
  1410 JOURNAL OF THE SENATE 102nd Day
  Iverson Jensen Judge Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Black, J. Rittmer

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

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 551.

  Senate File 551

  On motion of Senator McLaren, Senate File 551, a bill for an act
  relating to the compensation and benefits for public officials and
  employees, providing for related matters, and making appropriations,
  was taken up for consideration.

  Senator Gronstal offered amendment S-3724 filed by him on April
  23, 1997, to page 1 of the bill.

  A record roll call was requested.

  On the question "Shall amendment S-3724 be adopted?" (S.F. 551)
  the vote was:

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

  Ayes, 24:

  Black, D. Borlaug Connolly Dearden
  Deluhery Dvorsky Fink Flynn
  102nd Day THURSDAY, APRIL 24, 1997 1411
  Fraise Gettings Gronstal Halvorson
  Hammond Hansen Harper Horn
  Jensen Judge Kibbie McCoy
  Neuhauser Palmer Szymoniak Vilsack

  Nays, 25:

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

  Absent or not voting, 1:

  Black, J.

  Amendment S-3724 lost.

  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. 551) the vote was:

  Ayes, 28:

  Angelo Bartz Boettger Connolly
  Douglas Drake Dvorsky Fraise
  Freeman Gettings Gronstal Hammond
  Hedge Iverson Jensen Judge
  King Kramer Lundby McCoy
  McLaren Neuhauser Palmer Redfern
  Redwine Rensink Rife Szymoniak

  Nays, 21:

  Behn Black, D. Borlaug Dearden
  Deluhery Fink Flynn Halvorson
  Hansen Harper Horn Kibbie
  Maddox McKean McKibben Rehberg
  Rittmer Schuerer Tinsman Vilsack
  Zieman
  1412 JOURNAL OF THE SENATE 102nd Day
  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.

  President Kramer took the chair at 10:35 a.m.

  SENATE INSISTS

  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 and moved
  that the Senate insist on its amendment.

  The motion prevailed by a voice vote and the Senate insisted on
  its amendment.

  APPOINTMENT OF CONFERENCE COMMITTEE

  The Chair announced the following conference committee on
  Senate File 529 on the part of the Senate: Senators Lundby, Chair;
  Bartz, Black of Kossuth, McCoy and Gettings.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 456 and Senate File 551 be immediately messaged to the
  House.

  UNFINISHED BUSINESS CALENDAR
  (Deferred April 23, 1997)

  Senate File 544

  The Senate resumed consideration of Senate File 544, a bill for an
  act relating to the designation of unincorporated areas of a county
  as
  102nd Day THURSDAY, APRIL 24, 1997 1413
  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, deferred April 23, 1997.

  Senator Hedge offered amendment S-3697 filed by him on April
  23, 1997, to page 1 of the bill and moved its adoption.

  A non record roll call was requested.

  The ayes were 29, nays 12.

  Amendment S-3697 was adopted.

  Senator Maddox offered amendment S-3721 filed by him on April
  23, 1997, to pages 2, 3 and 6 of the bill and moved its adoption.

  Amendment S-3721 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 544) the vote was:

  Ayes, 40:

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

  Nays, 9:

  Behn Dvorsky Flynn Gronstal
  Halvorson Hammond McCoy McKean
  Redwine
  1414 JOURNAL OF THE SENATE 102nd Day
  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.

  BILLS ASSIGNED TO COMMITTEE

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

  H.C.R.  22 Ways and Means
  H.F. 730 Appropriations

  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 24, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  Senate File 285, a bill for an act relating to household hazardous
  materials and retail labeling requirements.

  ALSO: That the House has on April 24, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 83, a bill for an act relating to property taxation of
  property given to the state or a political subdivision upon which a life
  estate is retained (S-3742)

  ALSO: That the House has on April 24, 1997, refused to concur in the Senate
  amendment to the House amendment to the following bill in which the
  concurrence of
  the House was asked:

  Senate File 391, a bill for an act relating to and making
  appropriations to the state department of transportation, including
  allocation and use of moneys from the general fund of the state, road
  use tax fund, and primary road fund, providing for the nonreversion
  of certain moneys, establishing a toll-free road and weather
  reporting
  102nd Day THURSDAY, APRIL 24, 1997
  1415
  system, eliminating the motor vehicle use tax as the funding source
  for the value-added agricultural products and processes financial
  assistance program and the renewable fuels and coproducts fund, and
  providing for the designation of access Iowa highways, and providing
  effective dates.

  ALSO: That the House has on April 24, 1997, concurred in the Senate
  amendment
  to the House amendment, and passed the following bills in which the
  concurrence of
  the House was asked:

  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 existing penalties applicable.

  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.

  ALSO: That the House has on April 24, 1997, concurred in the Senate
  amendment and
  passed the following bills in which the concurrence of the House was asked:
  1416 JOURNAL OF THE SENATE 102nd Day
  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.

  House File 613, a bill for an act relating to linked deposit
  investment programs.

  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.

  House File 674, a bill for an act providing a cause of action against
  the state for wrongful imprisonment.

  SENATE INSISTS

  Senate File 391

  Senator Iverson called up for consideration Senate File 391, a bill
  for an act relating to and making appropriations to the state
  department of transportation, including allocation and use of moneys
  from the general fund of the state, road use tax fund, and primary
  road fund, providing for the nonreversion of certain moneys,
  establishing a toll-free road and weather reporting system,
  eliminating the motor vehicle use tax as the funding source for the
  value-added agricultural products and processes financial assistance
  program and the renewable fuels and coproducts fund, and providing
  for the designation of access Iowa highways, and providing effective
  dates and moved that the Senate insist on its amendment.

  The motion prevailed by a voice vote and the Senate insisted on
  its amendment.

  The Chair announced the following conference committee on
  Senate File 391 on the part of the Senate: Senators Drake, Chair;
  Freeman, King, Halvorson and Connolly.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 550.
  102nd Day THURSDAY, APRIL 24, 1997 1417
  Senate File 550

  On motion of Senator Rife, 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, was taken up for consideration.

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

  On the question "Shall the bill pass?" (S.F. 550) the vote was:

  Ayes, 47:

  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 Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 1:

  McKean

  Absent or not voting, 2:

  Angelo Black, J.

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Angelo until he returns on request of Senator Iverson.
  1418 JOURNAL OF THE SENATE 102nd Day
  UNFINISHED BUSINESS CALENDAR

  House File 265

  On motion of Senator Maddox, House File 265, a bill for an act
  relating to the affirmation and reenactment of certain provisions
  affecting the criminal and juvenile laws, and providing an effective
  date, with report of committee recommending passage and placed on
  the Unfinished Business Calendar on April 10, 1997, was taken up for
  consideration.

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

  On the question "Shall the bill pass?" (H.F. 265) the vote was:

  Ayes, 48:

  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, 2:

  Angelo Black, J.

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  102nd Day THURSDAY, APRIL 24, 1997 1419
  HOUSE AMENDMENT CONSIDERED

  Senate File 184

  Senator Zieman called up for consideration Senate File 184, a bill
  for an act relating to collection of fees charged prisoners for room and
  board, by providing for the entry of judgment against the prisoner
  and enforcement of the judgment through writ of execution, amended
  by the House, and moved that the Senate concur in House
  amendment S-3661 filed April 21, 1997.

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

  Senator Zieman 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. 184) the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Angelo Black, J. Drake Maddox
  Rife

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title as amended was agreed to.
  1420 JOURNAL OF THE SENATE 102nd Day
  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 355

  Senator Hedge called up for consideration House File 355, a bill for
  an act relating to the tax exemption of active duty pay of national
  guard or armed forces military reserve personnel for certain foreign
  service and providing an 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.

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

  Senator Hedge 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. 355) the vote was:

  Ayes, 47:

  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 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, 3:

  Angelo Black, J. Judge
  102nd Day THURSDAY, APRIL 24, 1997 1421
  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 355 and 265 and Senate File 550 be immediately messaged
  to the House and to send and immediate message to the House on
  Senate File 184.

  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 24, 1997, amended and passed the following bill in which the
  concurrence
  of the Senate is asked:

  Senate File 531, a bill for an act relating to the increase in the
  physical plant and equipment levy (S-3745).

  ALSO: That the House has on April 24, 1997, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 729, a bill for an act relating to reporting and
  depositing of local option sales and services taxes to the department
  of revenue and finance by retailers and increasing the amount of
  estimated distribution and frequency of distribution to cities and
  counties by the department of revenue and finance.

  This bill was read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:35 a.m.,
  until 1:30 p.m.
  1422 JOURNAL OF THE SENATE 102nd Day
  APPENDIX

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT: I move to reconsider the vote by which Senate File 544
  passed the Senate on April 24, 1997.

  PATTY JUDGE

  MADAM PRESIDENT: I move to reconsider the vote by which Senate File 544
  passed the Senate on April 24, 1997.

  O. GENE MADDOX

  SUBCOMMITTEE ASSIGNMENTS

  Senate Resolution 9

  AGRICULTURE: Bartz, Chair; J. Black and Judge

  House File 714

  WAYS AND MEANS: Hedge, Chair; Connolly and Maddox

  BILLS SIGNED BY THE GOVERNOR

  Communications were received announcing that on April 23, 1997,
  the governor approved and transmitted to the secretary of state the
  following bills:

  S.F. 80 ( relating to police bicycles.

  S.F. 293 ( Increasing the property damage limit for mandatory reporting of
  motor
  vehicle accidents.

  S.F. 417 ( Providing for the amount of a surety bond required to be executed
  by a
  treasurer of an extension council.

  S.F. 499 ( Relating to privileges and prohibitions for certain persons
  including those
  relating to motor vehicle licenses and to the regulation of tobacco, tobacco
  products, or
  cigarettes, and providing penalties.

  S.F. 522 ( Relating to legal settlement regarding providers of treatment or
  services.

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:
  102nd Day THURSDAY, APRIL 24, 1997 1423
  Nathan Yoder, Riverside ( For achieving the rank of Eagle Scout. Senator
  Hedge (4-
  23-97).

  Pat McManus ( For getting the Iowa Senate "rocking" with your Rock in
  Prevention
  presentation. Senator Szymoniak (4-22-97).

  REPORTS OF COMMITTEE MEETINGS

  STATE GOVERNMENT

  Convened: April 23, 1997, 8:40 a.m.

  Members Present: Rittmer, Acting Chair; Lundby, Acting Vice Chair; Kibbie,
  Ranking Member; Borlaug, Deluhery, Drake, Fink, Gronstal, Halvorson, King,
  McKibben, Rife and Tinsman.

  Members Absent: McLaren and Szymoniak.

  Committee Business: Recommended passage of Senate File 550 and recommended
  passage of Senate File 548 as amended.

  Adjourned: 9:05 a.m.

  WAYS AND MEANS

  Convened: April 23, 1997, 12:15 p.m.

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

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; amended and approved
  SSB
  270 as a committee bill; recommended passage of House File 724 as amended.

  Adjourned: 1:25 p.m.

  PRESENTATION OF VISITORS

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

  Twenty-six fifth grade students from Whittier Elementary School,
  Oskaloosa, accompanied by Donna DeGroot. Senator Hedge.

  Ninety third grade students from Jefferson Elementary School, Des
  Moines, accompanied by Christy Barr. Senator Kramer.
  1424 JOURNAL OF THE SENATE 102nd Day
  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing
  Senate File 530, the following correction was made:

  1. Page 9, line 2, the words "or the" were changed to the words "of the".

  MARY PAT  GUNDERSON
  Secretary of the Senate

  AMENDMENTS FILED


  S(3738 S. F.  473 House amendment
  S(3739 S. F.  79 Michael E. Gronstal
  S(3740 S. F.  552 Mary Lou Freeman
  S(3741 H. F.  724 Jack Rife
  S(3742 S. F.  83 House amendment
  S(3743 H. F.  266 William D. Palmer
  S(3744 H. F.  733 Derryl McLaren
  Mary Lou Freeman
  Steve King
  John W. Jensen
  S(3745 S. F.  531 House amendment
  S(3746 S. F.  526 House amendment
  102nd Day THURSDAY, APRIL 24, 1997 1425
  AFTERNOON SESSION

  The Senate reconvened at 2:00 p.m., President Kramer presiding.

  SPECIAL GUESTS

  The Chair welcomed a group of children who were present in the
  Senate chamber. The children accompanied their parents to work as a
  part of the "Take Your Children to Work Day", which is sponsored by
  the Iowa Commission on the Status of Women through the Iowa
  Department of Human Rights.

  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.

  HOUSE AMENDMENT CONSIDERED

  Senate File 442

  Senator Halvorson called up for consideration Senate File 442, a
  bill for an act relating to the designation of certain correctional
  facilities, amended by the House, and moved that the Senate concur
  in House amendment S-3572 filed on April 17, 1997.

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

  Senator Halvorson 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.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Judge until she returns on request of Senator Gronstal and Senator
  McCoy
  until he returns on request of Senator Fink.
  1426 JOURNAL OF THE SENATE 102nd Day
  BUSINESS PENDING

  Senate File 442

  The Senate resumed consideration of Senate File 442.

  On the question "Shall the bill pass?" (S.F. 442) the vote was:

  Ayes, 45:

  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 Kibbie King Kramer
  Lundby Maddox McKean McKibben
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Black, J. Drake Judge McCoy
  Tinsman

  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 246

  Senator Bartz called up for consideration 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,
  amended by the House, and moved that the Senate concur in House
  amendment S-3684 filed on April 22, 1997.
  102nd Day THURSDAY, APRIL 24, 1997 1427
  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. 246) the vote was:

  Ayes, 43:

  Angelo Bartz Behn Boettger
  Borlaug Dearden Deluhery Douglas
  Fink Flynn Fraise Freeman
  Gettings Halvorson Hammond Hansen
  Harper Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Szymoniak Vilsack Zieman

  Nays, 4:

  Black, D. Connolly Dvorsky Gronstal

  Absent or not voting, 3:

  Black, J. Drake Tinsman

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that an
  immediate message be sent to the House on Senate Files 246 and
  442.

  The Senate stood at ease at 2:24 p.m. until the fall of the gavel for
  the purpose of party caucuses.
  1428 JOURNAL OF THE SENATE 102nd Day
  The Senate resumed session at 3:55 p.m., President Kramer
  presiding.

  INTRODUCTION OF BILL

  Senate File 555, by Iverson and Gronstal, a bill for an act relating
  to the control of pseudorabies, making corresponding changes,
  making penalties applicable, and providing for an effective date.

  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 24, 1997, passed the following bills in which the concurrence
  of the House
  was asked:

  Senate File 528, a bill for an act relating to the cleanup and reuse
  of contaminated property, environmental remediation standards and
  review procedures, participation in the remediation of contaminated
  property, liability for the voluntary cleanup of contaminated property,
  liability protections, and establishing a land recycling fund.

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

  ALSO: That the House has on April 24, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 526, a bill for an act providing for the establishment of
  a healthy opportunities for parents to experience success-healthy
  families Iowa program by the Iowa department of public health (S-
  3746).

  ALSO: That the House has on April 24, 1997, concurred in the Senate
  amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  House File 557, a bill for an act relating to the operation and
  regulation of certain insurance companies and mutual
  associations,
  102nd Day THURSDAY, APRIL 24, 1997
  1429
  and the regulatory authority of the insurance division of the
  department of commerce.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senate File 552

  On motion of Senator Freeman, Senate File 552, 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, was taken up for consideration.

  Senator Freeman offered amendment S-3740 filed by her from the
  floor to strike everything after the enacting clause and to the title
  page of the bill and moved its adoption.

  Amendment S-3740 was adopted by a voice vote.

  Senator Freeman asked and received unanimous consent that
  House File 733 be substituted  for Senate File 552 as amended.

  House File 733

  On motion of Senator Freeman, 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,
  1430 JOURNAL OF THE SENATE 102nd
  Day
  revenue and finance, public 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, was taken up for consideration.

  Senator McLaren offered amendment S-3744 filed by Senators
  McLaren, et al., from the floor to strike everything after the enacting
  clause of the bill.

  Senator Hansen offered amendment S-3757 filed by him from the
  floor to amendment S-3744 and moved its adoption.

  Amendment S-3757 lost by a voice vote.

  Senator Kibbie offered amendment S-3754 filed by him from the
  floor to amendment S-3744 and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3754 to amendment S-
  3744 be adopted?" (H.F. 733) 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

  Nays, 27:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Drake Freeman
  Hedge Iverson Jensen King
  Kramer Lundby Maddox McKean
  McKibben McLaren Redfern Redwine
  102nd Day THURSDAY, APRIL 24, 1997 1431
  Rehberg Rensink Rife Rittmer
  Schuerer Tinsman Zieman

  Absent or not voting, 1:

  Black, J.

  Amendment S-3754 lost.

  Senator Kibbie offered amendment S-3755 filed by him from the
  floor to amendment S-3744 and moved its adoption.

  Amendment S-3755 lost by a voice vote.

  Senator Connolly offered amendment S-3750 filed by Senators
  Connolly and Flynn from the floor to amendment S-3744 and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3750 to amendment S-
  3744 be adopted?" (H.F. 733) the vote was:

  Ayes, 24:

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

  Nays, 25:

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

  Absent or not voting, 1:

  Douglas
  1432 JOURNAL OF THE SENATE 102nd Day
  Amendment S-3750 lost.

  Senator Freeman offered amendment S-3753 filed by her from the
  floor to amendment S-3744 and moved its adoption.

  Amendment S-3753 was adopted by a voice vote.

  Senator McLaren offered amendment S-3756 filed by him from
  the floor to amendment S-3744 and moved its adoption.

  Amendment S-3756 was adopted by a voice vote.

  Senator Black of Jasper offered amendment S-3759 filed by
  Senators Black of Jasper and McLaren from the floor to amendment
  S-3744 and moved its adoption.

  Amendment S-3759 was adopted by a voice vote.

  Senator McLaren filed the following motion to reconsider from the
  floor and moved its adoption:

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3754
  to amendment S-3744 to House File 733 failed to be adopted by the Senate on
  April
  24, 1997.

  The motion prevailed by a voice vote and amendment S-3754 was
  taken up for reconsideration.

  Senator Kibbie moved the adoption of amendment S-3754 to
  amendment S-3744, which motion prevailed by a voice vote.

  Senator Flynn asked and received unanimous consent that action
  on House File 733 be deferred.

  MOTIONS TO RECONSIDER WITHDRAWN

  Senate File 544

  Senators Judge and Maddox withdrew the motions to reconsider
  Senate File 544, a bill for an act relating to the designation
  of
  102nd Day THURSDAY, APRIL 24, 1997 1433
  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, filed by them on April 24, 1997, and found on page
  1422 of the Senate Journal.

  Senator Iverson asked and received unanimous consent that
  Senate File 544 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  House File 697

  On motion of Senator King, House File 697, a bill for an act relating
  to certain procedures of the ethics and campaign disclosure board and
  filing requirements and certain requirements for use of campaign
  funds, with report of committee recommending passage and placed on
  the Unfinished Business Calendar on April 10, 1997, was taken up for
  consideration.

  Senator Halvorson offered amendment S-3464 filed by him on
  April 10, 1997, to pages 3-5 and 9 of the bill.

  Senator King offered amendment S-3722 filed by Senators King
  and Halvorson on April 23, 1997, to amendment S-3464 and moved
  its adoption.

  Amendment S-3722 was adopted by a voice vote.

  Senator Black of Kossuth withdrew amendment S-3536 filed by
  him on April 16, 1997, to amendment S-3464.

  Senator Black of Kossuth offered amendment S-3538 filed by him
  on April 16, 1997, to amendment S-3464 and requested a division:
  page 1, lines 4-19 as division S-3538A; and page 1, lines 20-50, and
  page 2, lines 1-28 as division S-3538B.

  With the adoption of amendment S-3722 to amendment S-3464,
  the Chair ruled division S-3538A to amendment S-3464, out of
  order.
  1434 JOURNAL OF THE SENATE 102nd Day
  President pro tempore Redfern took the chair at 6:00 p.m.

  Senator Black of Kossuth moved the adoption of division S-3538B
  to amendment S-3464.

  A record roll call was requested.

  On the question "Shall division S-3538B to amendment S-3464
  be adopted?" (H.F. 697) the vote was:

  Ayes, 14:

  Angelo Bartz Behn Black, J.
  Borlaug Hedge Iverson Jensen
  King Lundby Redfern Rensink
  Schuerer Zieman

  Nays, 33:

  Black, D. Boettger Connolly Dearden
  Deluhery Drake Dvorsky Fink
  Flynn Fraise Freeman Gettings
  Gronstal Halvorson Hammond Hansen
  Harper Horn Judge Kibbie
  Maddox McCoy McKean McKibben
  McLaren Neuhauser Palmer Redwine
  Rehberg Rife Rittmer Szymoniak
  Tinsman

  Absent or not voting, 3:

  Douglas Kramer Vilsack

  Division S-3538B lost.

  Senator Lundby asked and received unanimous consent to
  withdraw amendment S-3524 filed by Senators Lundby and Bartz
  on April 15, 1997, to amendment S-3464.

  Senator Halvorson offered amendment S-3761 filed by him from
  the floor to amendment S-3464 and moved its adoption.

  A non record roll call was requested.
  102nd Day THURSDAY, APRIL 24, 1997 1435
  The ayes were 19, nays 25.

  Amendment S-3761 lost.

  Senator Iverson asked and received unanimous consent that action
  on amendment S-3464 as amended and House File 697 be
  deferred.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 6:32 p.m.,
  until 7:45 p.m.
  1436 JOURNAL OF THE SENATE 102nd Day
  APPENDIX

  GOVERNOR'S VETO MESSAGE

  April 24, 1997

  The Honorable Mary Kramer
  President of the Senate
  State Capitol Building
  L O C A L

  Dear Madam President:

  Senate File 519, an act relating to the authorized use and users of the Iowa
  communications network and providing an effective date, is hereby
  disapproved and
  transmitted to you in accordance with Article III, Section 16, of the
  Constitution of the
  State of Iowa.

  Senate File 519 attempts to define more specifically than current code the
  appropriate uses and users of the Iowa Communications Network (ICN). The
  bill adds
  definitions to Code section 8D.2 for "authorized use", "authorized user",
  "educational
  use", "library", "state agency", and "telemedicine". The bill authorizes
  certain uses of
  the network. It prohibits dial-up access to the internet by an authorized
  user from a
  remote site.

  Last year, the Legislature authorized an Authorized User and Use Task Force.
  The
  Task Force succeeded in defining "Authorized User" and the Iowa
  Telecommunication
  and Technology Commission is currently promulgating new rules that implement
  the
  consensus developed by the Task Force on this issue. The Task Force failed
  to reach a
  consensus on remote dial-up access to the ICN for Internet services.

  The overriding mission of the network is to foster educational opportunities
  to all
  areas of the state. Closely scrutinizing actions that significantly impact
  the network
  ensures that the network's mission is not impaired. Unfortunately, Senate
  File 519
  unduly restricts dial-up access to the network to the detriment of important
  users of
  the network.

  For example, Senate File 519 would require our higher education institutions
  to
  dramatically change the educational services offered to the students or face
  significant
  additional financial burdens. Our Regent institutions have offered student
  dial-up
  access to the Internet since 1987; Senate File 519 requires a change to that
  policy.
  More study is needed to ensure that the limitations placed on dial-up access
  do not
  unnecessarily restrict the quality of education in Iowa.

  For the above reasons, I hereby respectfully disapprove Senate File 519.

  Sincerely,
  TERRY E. BRANSTAD
  Governor
  102nd Day THURSDAY, APRIL 24, 1997 1437
  SUBCOMMITTEE ASSIGNMENTS

  House Concurrent Resolution 22

  WAYS AND MEANS: Douglas, Chair; Drake and Szymoniak

  House File 730

  APPROPRIATIONS: Rife, Chair; Kramer and Neuhauser

  House File 731

  APPROPRIATIONS: Lundby, Chair; Flynn and McLaren

  House File 732

  APPROPRIATIONS: Maddox, Chair; Douglas, Harper, Kramer and Vilsack

  CONFERENCE COMMITTEE REPORT RECEIVED
  (Senate File 529)

  A conference committee report signed by the following Senate and
  House members was filed April 24, 1997, on 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:

  On the Part of the Senate: On the Part of the House:

  MARY A. LUNDBY, Chair BOB BRUNKHORST, Chair
  MERLIN E. BARTZ DANNY HOLMES
  JAMES BLACK RALPH KLEMME

  PRESENTATION OF VISITORS

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

  Twenty-nine fifth grade students from Grandview Park Baptist
  School, Des Moines, accompanied by Dee Long. Senator Dearden.

  COMMITTEE REPORTS

  NATURAL RESOURCES

  Final Bill Action: SENATE CONCURRENT RESOLUTION 14, 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
  1438 JOURNAL OF THE SENATE 102nd Day
  supporting a tax exemption and by taking other actions to increase this
  nation's
  commitment to the production and use of ethanol.

  Recommendation: DO PASS.

  Final Vote: Ayes, 14: Bartz, Angelo, Fink, D. Black, Borlaug, Dearden,
  Deluhery,
  Dvorsky, Freeman, Hedge, Judge, McKibben, Rehberg and Zieman. Nays, none.
  Absent or not voting, 1: J. Black.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action: HOUSE FILE 726, a bill for an act relating to the
  livestock
  production tax credit; increasing the state's reimbursement for the
  homestead,
  military service, and elderly and disabled credits; requiring the state to
  reimburse new
  property tax credits and exemptions; providing for local government budget
  practices
  and property tax statements; and including applicability date provisions.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3752.

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

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S(3747 H. F.  266 William D. Palmer
  S(3748 H. F.  733 Mike Connolly
  John P. Kibbie
  S(3749 H. F.  726 William D. Palmer
  S(3750 H. F.  733 Mike Connolly
  Tom Flynn
  S(3751 H. F.  266 Patty Judge
  S(3752 H. F.  726 Ways and Means
  S(3753 H. F.  733 Mary Lou Freeman
  S(3754 H. F.  733 John P. Kibbie
  S(3755 H. F.  733 John P. Kibbie
  S(3756 H. F.  733 Derryl McLaren
  S(3757 H. F.  733 Steven D. Hansen
  S(3758 H. F.  266 Patty Judge
  S(3759 H. F.  733 Dennis H. Black
  Derryl McLaren
  S(3760 H. F.  733 Eugene S. Fraise
  102nd Day THURSDAY, APRIL 24, 1997 1439
  Robert E. Dvorsky
  Wally E. Horn
  S(3761 H. F.  697 Rod Halvorson
  S(3762 H. F.  697 Rod Halvorson
  S(3763 H. F.  697 Mike Connolly
  S(3764 H. F.  733 Johnie Hammond
  Maggie Tinsman
  Elaine Szymoniak
  Nancy Boettger
  S(3765 H. F.  733 Mike Connolly
  Bill Fink
  Eugene Fraise
  William Palmer
  Rod Halvorson
  Robert Dvorsky
  Mary Neuhauser
  Johnie Hammond
  Patricia Harper
  Tom Flynn
  Wally E. Horn
  Matt McCoy
  Dennis Black
  Dick Dearden
  Tom Vilsack
  Patty Judge
  Patrick J. Deluhery
  S(3766 H. F.  733 Mike Connolly
  Tom Vilsack
  Robert Dvorsky
  Michael E. Gronstal
  Wally E. Horn
  Patty Judge
  Rod Halvorson
  Patricia Harper
  Tom Flynn
  Mary Neuhauser
  Johnie Hammond
  Matt McCoy
  Steven D. Hansen
  Bill Fink
  William Palmer
  Eugene S. Fraise
  1440 JOURNAL OF THE SENATE 102nd Day
  BILL ASSIGNED TO COMMITTEE

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

  S. F.  555 Agriculture
  102nd Day THURSDAY, APRIL 24, 1997 1441
  EVENING SESSION

  The Senate reconvened at 8:47 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 36 present, 14 absent and a quorum present.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Neuhauser for the remainder of the evening on request of Senator
  Hammond.

  CONFERENCE COMMITTEE REPORT ADOPTED

  Senate File 529

  Senator Lundby called up the conference committee report on
  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, filed on April 24, 1997, and moved its
  adoption.

  The motion prevailed by a voice vote and the conference committee
  report and the recommendations and amendments contained therein
  was adopted.

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

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

  Ayes, 37:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Connolly Douglas
  Drake Dvorsky Fink Fraise
  1442 JOURNAL OF THE SENATE 102nd Day
  Freeman Gettings Hedge Horn
  Iverson Jensen Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Tinsman
  Zieman

  Nays, 12:

  Black, D. Dearden Deluhery Flynn
  Gronstal Halvorson Hammond Hansen
  Harper Judge Szymoniak Vilsack

  Absent or not voting, 1:

  Neuhauser

  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 529 be immediately messaged to the House.

  BUSINESS PENDING

  House File 733

  The Senate resumed consideration of 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 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, previously deferred.

  Senator Fraise offered amendment S-3760 filed by Senators
  Fraise, Dvorsky and Horn from the floor to amendment S-3744 and
  moved its adoption.

  Amendment S-3760 was adopted by a voice vote.
  102nd Day THURSDAY, APRIL 24, 1997 1443
  Senator Hammond offered amendment S-3764 filed by Senators
  Hammond, et al., from the floor to amendment S-3744, moved its
  adoption and requested a record roll call.

  On the question "Shall amendment S-3764 to amendment S-
  3744 be adopted?" (H.F. 733) the vote was:

  Ayes, 19:

  Boettger Connolly Dearden Deluhery
  Fink Flynn Fraise Gettings
  Hammond Harper Horn Judge
  Kibbie McCoy Palmer Redwine
  Szymoniak Tinsman Vilsack

  Nays, 30:

  Angelo Bartz Behn Black, D.
  Black, J. Borlaug Douglas Drake
  Dvorsky Freeman Gronstal Halvorson
  Hansen Hedge Iverson Jensen
  King Kramer Lundby Maddox
  McKean McKibben McLaren Redfern
  Rehberg Rensink Rife Rittmer
  Schuerer Zieman

  Absent or not voting, 1:

  Neuhauser

  Amendment S-3764 lost.

  Senator Connolly offered amendment S-3765 filed by Senators
  Connolly, et al., from the floor to amendment S-3744.

  Senator McLaren raised the point of order that amendment S-
  3765 to amendment S-3744 was not germane.

  The Chair ruled the point well taken and amendment S-3765 out
  of order.

  Senator Connolly offered amendment S-3766 filed by Senators
  Connolly, et al., from the floor to amendment S-3744 and moved its
  adoption.
  1444 JOURNAL OF THE SENATE 102nd Day
  A record roll call was requested.

  On the question "Shall amendment S-3766 to amendment S-
  3744 be adopted?" (H.F. 733) the vote was:

  Ayes, 21:

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

  Nays, 28:

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

  Absent or not voting, 1:

  Neuhauser

  Amendment S-3766 lost.

  Senator Connolly offered amendment S-3748 filed by Senators
  Connolly and Kibbie from the floor to amendment S-3744 and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3748 to amendment S-
  3744 be adopted?" (H.F. 733) the vote was:

  Ayes, 22:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  102nd Day THURSDAY, APRIL 24, 1997 1445
  Hansen Harper Horn Judge
  Kibbie Lundby McCoy Palmer
  Szymoniak Vilsack

  Nays, 24:

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

  Absent or not voting, 4:

  King Neuhauser Rehberg Tinsman

  Amendment S-3748 lost.

  Senator McLaren moved the adoption of amendment S-3744 as
  amended, which motion prevailed by a voice vote.

  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. 733) the vote was:

  Ayes, 46:

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

  Nays, 3:

  Fink Palmer Tinsman
  1446 JOURNAL OF THE SENATE 102nd Day
  Absent or not voting, 1:

  Neuhauser

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

  Senator Freeman asked and received unanimous consent that
  Senate File 552 be withdrawn from further consideration of the
  Senate.

  Senator Iverson asked and received unanimous consent that House
  File 733 be immediately messaged to the House.

  UNFINISHED BUSINESS CALENDAR

  House File 299

  On motion of Senator King, House File 299, a bill for an act
  concerning drug and alcohol testing of private sector employees and
  prospective employees and providing remedies and an effective date,
  with report of committee recommending amendment and passage and
  placed on the Unfinished Business Calendar on April 10, 1997, was
  taken up for consideration.

  Senator Iverson asked and received unanimous consent that action
  on House File 299 be deferred.
  102nd Day THURSDAY, APRIL 24, 1997 1447
  APPENDIX

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action: SENATE FILE 485, a bill for an act creating an Iowa
  tribute
  tuition grant and providing for an appropriation and an applicability date.

  Recommendation: DO PASS.

  Final Vote Ayes, 24: McLaren, 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. Absent or not voting, 1: Kramer.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE FILE 730, a bill for an act relating to state
  government
  technology and operations, by making and relating to appropriations 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, and providing
  effective dates.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3767.

  Final Vote Ayes, 23: McLaren, Flynn, Behn, D. Black, Borlaug, Douglas,
  Dvorsky,
  Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox,
  Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays, 1:
  McCoy.
  Absent or not voting, 1: Kramer.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: 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.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3770.

  Final Vote Ayes, 24: McLaren, 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. Absent or not voting, 1: Kramer.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  1448 JOURNAL OF THE SENATE 102nd Day
  WAYS AND MEANS

  Final Bill Action: HOUSE FILE 722, 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.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3768.

  Final Vote: Ayes, 11: Douglas, McKibben, Borlaug, Deluhery, Drake, Freeman,
  Hedge, Maddox, McLaren, Redfern and Szymoniak. Nays, 2: Connolly and
  Vilsack.
  Absent or not voting, 2: Palmer and Judge.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S(3767 H. F.  730 Appropriations
  S(3768 H. F.  722 Ways and Means
  S(3769 H. F.  724 JoAnn Douglas
  Don Gettings
  Sheldon Rittmer
  S(3770 H. F.  731 Appropriations
  S(3771 H. F.  299 Steve King

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 11:03 p.m.,
  until 9:00 a.m., Friday, April 25, 1997.

Iowa General Assembly

Index: Senate Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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