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Senate Journal: Tuesday, April 29, 1997

  ONE HUNDRED-SEVENTH CALENDAR DAY
  SIXTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, April 29, 1997

  The Senate met in regular session at 10:08 a.m., President pro
  tempore Redfern presiding.

  Prayer was offered by the Reverend Gil Dawes, pastor of the
  Hispanic United Methodist Church, Des Moines, Iowa.

  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 29, 1997, concurred in the Senate amendment and adopted the
  following
  resolution in which the concurrence of the House was 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.

  ALSO: That the House has on April 29, 1997, concurred in the Senate
  amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  House File 642, a bill for an act relating to limited partnerships
  and the rights and duties of limited partners, partnership
  agreements, duties of the secretary of state with respect to limited
  partnerships, and other related matters affecting foreign and
  domestic limited partnerships, and establishing fees and penalties.

  QUORUM CALL

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

  The vote revealed 41 present, 9 absent and a quorum present.
  107th Day TUESDAY, APRIL 29, 1997 1539
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Fraise until he arrives on request of Senator Gettings, Senator
  McCoy until
  he arrives on request of Senator Dearden, and Senator Lundby until she
  arrives on
  request of Senator Bartz.

  HOUSE AMENDMENT CONSIDERED

  Senate File 473

  Senator Rensink called up for consideration 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, amended by the House, and moved
  that the Senate concur in House amendment S-3738 filed on April
  24, 1997.

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

  Senator Rensink 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. 473) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Harper Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Maddox McKean
  1540 JOURNAL OF THE SENATE 107th Day
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Fraise Lundby McCoy 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 473 be immediately messaged to the House.

  Senator Bartz took the chair at 10:30 a.m.

  HOUSE AMENDMENT CONSIDERED

  Senate File 549

  Senator McLaren called up for consideration Senate File 549, a bill
  for an act relating to the funding of, operation of, and appropriation of
  moneys to the college student aid commission, the department of
  cultural affairs, the department of education, the state board of
  regents, to the transfer of moneys from the interest for Iowa schools
  fund, and making related statutory changes and providing effective
  date and applicability provisions, amended by the House in House
  amendment S-3782 filed April 25, 1997.

  Senator McLaren offered amendment S-3835 filed by him on April
  28, 1997, to House amendment S-3782 and moved its adoption.

  Amendment S-3835 was adopted by a voice vote.

  Senator McLaren offered amendment S-3831 filed by him on April
  28, 1997, to House amendment S-3782.
  107th Day TUESDAY, APRIL 29, 1997 1541
  Senator Szymoniak offered amendment S-3841 filed by her on
  April 28, 1997, to amendment S-3831 to House amendment S-3782
  and moved its adoption.

  A non record roll call was requested.

  The ayes were 22, nays 26.

  Amendment S-3841 lost.

  Senator Connolly offered amendment S-3840 filed by him on April
  28, 1997, to amendment S-3831 to House amendment S-3782 and
  moved its adoption.

  A non record roll call was requested.

  The ayes were 22, nays 26.

  Amendment S-3840 lost.

  Senator Harper offered amendment S-3842 filed by her on April
  28, 1997, to amendment S-3831 to House amendment S-3782 and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3842 to amendment S-
  3831 to House amendment S-3782 be adopted?" (S.F. 549) the vote
  was:

  Ayes, 25:

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

  Nays, 25:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Deluhery Douglas
  1542 JOURNAL OF THE SENATE 107th Day
  Drake Freeman Hedge Iverson
  King Kramer Maddox McKibben
  McLaren Redwine Rehberg Rensink
  Rife Rittmer Schuerer Tinsman
  Zieman

  Amendment S-3842 lost.

  Senator Kibbie offered amendment S-3843 filed by him on April
  28, 1997, to amendment S-3831 to House amendment S-3782,
  moved its adoption and requested a record roll call.

  On the question "Shall amendment S-3843 to amendment S-
  3831 to House amendment S-3782 be adopted?" (S.F. 549) the vote
  was:

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

  Ayes, 23:

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

  Nays, 25:

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

  Absent or not voting, 2:

  Lundby McCoy

  Amendment S-3843 lost.
  107th Day TUESDAY, APRIL 29, 1997 1543
  Senator McLaren moved the adoption of amendment S-3831 to
  House amendment S-3782.

  Amendment S-3831 was adopted by a voice vote.

  Senator Szymoniak withdrew amendment S-3830 filed by her on
  April 28, 1997, to House amendment S-3782.

  Senator Kibbie withdrew amendment S-3832 filed by him on April
  28, 1997, to House amendment S-3782.

  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-3811 filed by Senators Dvorsky and Black
  of Jasper on April 28, 1997, to House amendment S-3782.

  Senator McLaren 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 McLaren 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. 549) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Harper Hedge
  Horn Iverson Jensen Judge
  Kibbie King Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman
  1544 JOURNAL OF THE SENATE 107th Day
  Nays, none.

  Absent or not voting, 1:

  Kramer

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

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on April 29, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  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.

  ALSO: That the House has on April 29, 1997, amended and adopted the
  following
  resolution in which the concurrence of the Senate is asked:

  Senate Concurrent Resolution 1, a concurrent resolution
  relating to the compensation of chaplains, officers and employees of
  the seventy-seventh general assembly (S-3850).

  ALSO: That the House has on April 29, 1997, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 541, a bill for an act relating to child day care
  provisions involving group day care homes and establishing a child
  care home pilot project (S-3848).

  Senate File 553, 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 (S-3849).
  107th Day TUESDAY, APRIL 29, 1997 1545
  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 702

  Senator Hammond called up for consideration 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, amended by the Senate, further amended by
  the House and moved that the Senate concur in House amendment
  S-3838 to Senate amendment H-1902 filed April 28, 1997.

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

  Senator Hammond 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. 702) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Black, J. 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 Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.
  1546 JOURNAL OF THE SENATE 107th Day
  Absent or not voting, 2:

  Drake Rife

  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 702 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:40 a.m.,
  until 1:30 p.m.
  107th Day TUESDAY, APRIL 29, 1997 1547
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  EDUCATION

  Convened: April 28, 1997, 12:26 p.m.

  Members Present: Redfern, Chair; Rehberg, Vice Chair; Angelo, J. Black,
  Boettger,
  Dvorsky, Fink, Kibbie, Neuhauser,  Szymoniak and Tinsman.

  Members Absent: Connolly, Ranking Member; Kramer, Redwine and Rensink (all
  excused).

  Committee Business: Recommended passage of Senate Concurrent Resolution 13.

  Adjourned: 12:34 p.m.

  RULES AND ADMINISTRATION

  Convened: April 28, 1997, 12:15 p.m.

  Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Kibbie, Maddox, Redfern and Rehberg.

  Members Absent: Judge and Lundby (both excused).

  Committee Business: Recommended passage of Senate Resolution 10; granted
  permission for Boys' State to occupy the Senate chamber on 6-18-97 from 9-11
  a.m.

  Adjourned: 12:19 p.m.

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Earl Hanthorn ( For outstanding public service as Executive Director of
  SIRWA.
  Senator Angelo (5-2-97).

  Erik Naaktgeboren, Central City ( For achieving the rank of Eagle Scout.
  Senator
  McKean (4-29-97).

  David Dziurawiec, Sioux City ( For achieving the rank of Eagle Scout.
  Senator
  Redwine (5-17-97).

  Michael Charles Hanson, Manchester ( For achieving the rank of Eagle Scout.
  Senator Rehberg (4-28-97).
  1548 JOURNAL OF THE SENATE 107th Day
  Adam Luhman, West Union ( For achieving the rank of Eagle Scout. Senator
  Zieman (4-28-97).

  SUBCOMMITTEE ASSIGNMENT

  House File 734

  WAYS AND MEANS: Maddox, Chair; Deluhery and Hedge

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT: I move to reconsider the vote by which Senate File 549
  passed the Senate on April 29, 1997.

  DERRYL McLAREN

  MADAM PRESIDENT: I move to reconsider the vote by which Senate File 549
  passed the Senate on April 29, 1997.

  ROBERT E. DVORSKY

  EXPLANATION OF VOTE

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April
  29, 1997, when the vote was taken on Senate File 549.

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

  MARY KRAMER

  BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  29th day
  of April, 1997:

  Senate Files 21, 123, 241, 451 and 497.

  MARY PAT  GUNDERSON
  Secretary of the Senate

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:
  107th Day TUESDAY, APRIL 29, 1997 1549
  Fifty-two fourth grade students from East Elementary School,
  Ankeny, accompanied by Julie Snyder. Senator Palmer.

  AMENDMENTS FILED

  S(3848 S. F.  541 House amendment
  S(3849 S. F.  553 House amendment
  S(3850 S. C. R. 1 House amendment
  1550 JOURNAL OF THE SENATE 107th Day
  AFTERNOON SESSION

  The Senate reconvened at 2:10 p.m., Senator Bartz presiding.

  QUORUM CALL

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

  The vote revealed 34 present, 16 absent and a quorum present.

  The Senate stood at ease at 2:16 p.m. until the fall of the gavel for
  the purpose of a committee meeting.

  The Senate resumed session at 2:20 p.m., Senator Bartz presiding.

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action: SENATE RESOLUTOIN 11, a senate resolution honoring Bob
  Brooks, Jim Zabel, and Ron Gonder for their dedication and enthusiasm in
  broadcasting University of Iowa Hawkeye sports.

  Recommendation: DO PASS.

  Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Lundby, Maddox, Redfern and Rehberg. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senate Resolution 11

  Senator Kramer called up the following resolution:

  1       Senate Resolution 11
  2         by Kramer
  3  A Senate Resolution honoring Bob Brooks, Jim Zabel, and
  4 Ron Gonder for their dedication and enthusiasm in
  5 broadcasting University of Iowa Hawkeye sports.
  6  WHEREAS, Bob Brooks of KHAK radio in Cedar Rapids
  7 has been broadcasting University of Iowa Hawkeye
  8 sporting events for 54 years; and
  107th Day TUESDAY, APRIL 29, 1997 1551
  9  WHEREAS, Jim Zabel of WHO radio in Des Moines has
  10 been broadcasting University of Iowa Hawkeye sporting
  11 events for 50 years; and
  12  WHEREAS, Ron Gonder of WMT radio in Cedar Rapids
  13 has been broadcasting University of Iowa Hawkeye
  14 sporting events for 28 years; and
  15  WHEREAS, this trio of broadcasters has provided
  16 Iowans with a varied and entertaining choice of play-
  17 by-play announcing styles in bringing Iowa Hawkeye
  18 sports to the citizens of this state and across the
  19 country; and
  20  WHEREAS, Iowans will miss the differing styles of
  21 enthusiasm and professionalism represented by these
  22 three broadcasters; and
  23  WHEREAS, the University of Iowa has signed an
  24 exclusive contract for Hawkeye football and basketball
  25 radio broadcasts beginning with the 1997 football
  26 season, ending the play-by-play broadcasts of these
  27 three broadcasters; and
  28  WHEREAS, Mr. Brooks, Mr. Zabel, and Mr. Gonder will
  29 all continue to participate in new roles other than
  30 play-by-play announcing during future Iowa Hawkeye

  Page 2

  1 football and basketball broadcasts; and
  2  WHEREAS, the Cedar Rapids Gazette online service
  3 has aptly noted that "long after the microphone is
  4 turned off, we will still hear echoes of 'How ya
  5 doin', everybody' (Brooks), 'I love it! I love it! I
  6 love it!' (Zabel), and 'Oh, bro-th-er!' (Gonder)"; NOW
  7 THEREFORE,
  8  BE IT RESOLVED BY THE SENATE, That tribute be paid
  9 to Bob Brooks, Jim Zabel, and Ron Gonder and that they
  10 be recognized and thanked by the people of Iowa for
  11 their years of dedicated and professional service in
  12 bringing University of Iowa Hawkeye football and
  13 basketball to the people of Iowa.
  14  BE IT FURTHER RESOLVED, That the Secretary of the
  15 Senate send copies of this Resolution to Bob Brooks,
  16 Jim Zabel, and Ron Gonder.

  Senator Kramer moved the adoption of Senate Resolution 11, which
  motion prevailed by a voice vote.

  Senator Kramer presented Jim Zabel, who was here with his new
  wife, Jill, from Scottsdale, Arizona. Mr. Zabel addressed the Senate
  briefly and the Senate rose in welcome.

  President Kramer took the chair at 2:32 p.m.
  1552 JOURNAL OF THE SENATE 107th Day
  SPECIAL PRESENTATION TO SENATE PAGES

  The Senate Pages were invited to the well of the senate by
  President Kramer for a special presentation and were thanked by
  Senators Iverson and Gronstal for their service to the Senate.

  A Certificate of Excellence for serving with honor and distinction as
  a Senate Page during the 1997 Regular Session of the Seventy-
  seventh General Assembly, and an individual and Page group picture
  were presented to each of the following Pages:

  Emily Beattie, Denell Bundt, Luke Craven, Erica Davis, Danielle
  Host, Jeremy Hovda, Valerie Jensen, Nicole Jones, Sara Lanz, Chris
  Luhring, Tracy Ongena, Angel Robinson, Kari Sampson, Joe Schmitz,
  Hope Welander, Natasha Welch and Blair Winkler.

  The Senate rose and expressed its appreciation to the Pages.

  HOUSE AMENDMENT CONSIDERED

  Senate File 541

  Senator Bartz called up for consideration Senate File 541, a bill for
  an act relating to child day care provisions involving group day care
  homes and establishing a child care home pilot project, amended by
  the House, and moved that the Senate concur in House amendment
  S-3848 filed on April 29, 1997.

  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. 541) the vote was:

  Ayes, 47:

  Bartz Behn Black, D. Black, J.
  Boettger Borlaug Connolly Dearden
  107th Day TUESDAY, APRIL 29, 1997 1553
  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 Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 1:

  Angelo

  Absent or not voting, 2:

  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)

  Senate File 537

  On motion of Senator Hedge, Senate File 537, 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, was taken up for consideration.

  Senator Hedge asked and received unanimous consent that House
  File 729 be substituted  for Senate File 537.

  House File 729

  On motion of Senator Hedge, House File 729, a bill for an act
  relating to reporting and depositing of local option sales and
  services
  1554 JOURNAL OF THE SENATE 107th
  Day
  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, was taken up for consideration.

  Senator Hedge 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. 729) 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 Maddox
  McCoy McKean McKibben Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Lundby McLaren Rife

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

  Senator Hedge asked and received unanimous consent that Senate
  File 537 be withdrawn from further consideration of the Senate.
  107th Day TUESDAY, APRIL 29, 1997 1555
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 729 be immediately messaged to the House and to send an
  immediate message to the House on Senate File 541.

  CONFERENCE COMMITTEE REPORT RECEIVED
  (Senate File 391)

  A conference committee report signed by the following Senate and
  House members was filed April 29, 1997, on 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:


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

  RICHARD F. DRAKE, Chair BARRY BRAUNS, Chair
  MIKE CONNOLLY HENRY RAYHONS
  MARY LOU FREEMAN STEVEN H. WARNSTADT
  ROD HALVORSON
  STEVE KING

  CONFERENCE COMMITTEE REPORT ADOPTED

  Senate File 391

  Senator Drake called up the conference committee report on 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
  1556 JOURNAL OF THE SENATE 107th
  Day
  for the designation of access Iowa highways, and providing effective
  dates, filed on April 29, 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 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. 391) 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 McKean McKibben Neuhauser
  Palmer Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 1:

  McCoy

  Absent or not voting, 2:

  McLaren Rife

  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 391 be immediately messaged to the House.
  107th Day TUESDAY, APRIL 29, 1997 1557
  HOUSE AMENDMENT CONSIDERED

  Senate File 553

  Senator Redfern called up for consideration Senate File 553, 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, amended by the House and moved that the Senate
  concur in House amendment S-3849 filed on April 29, 1997.

  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. 553) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  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 Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, 2:

  Dearden Palmer

  Absent or not voting, 1:

  Rife

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  1558 JOURNAL OF THE SENATE 107th Day
  Senator Iverson asked and received unanimous consent to send an
  immediate message to the House on Senate File 553.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senate Concurrent Resolution 14

  On motion of Senator Bartz, 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 supporting a tax exemption and
  by taking other actions to increase this nation's commitment to the
  production and use of ethanol, was taken up for consideration.

  Senator Bartz asked and received unanimous consent that House
  Concurrent Resolution 23 be substituted  for Senate
  Concurrent Resolution 14.

  House Concurrent Resolution 23

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

  President pro tempore Redfern took the chair at 3:06 p.m.

  Senator Bartz moved the adoption of House Concurrent Resolution
  23, which motion prevailed by a voice vote.

  Senator Bartz asked and received unanimous consent that Senate
  Concurrent Resolution 14 be withdrawn from further
  consideration of the Senate.

  The Senate stood at ease at 3:09 p.m. until the fall of the gavel.

  The Senate resumed session at 3:25 p.m., President pro tempore
  Redfern presiding.
  107th Day TUESDAY, APRIL 29, 1997 1559
  UNFINISHED BUSINESS CALENDAR
  (Deferred April 24, 1997)

  House File 697

  The Senate resumed consideration of 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, and amendment S-3464 as amended by
  Senator Halvorson, deferred April 24, 1997.

  Senator Halvorson moved the adoption of amendment S-3464 as
  amended, which motion prevailed by a voice vote.

  Senator Black of Kossuth withdrew amendment S-3539 filed by
  him on April 16, 1997, to pages 4 and 5 of the bill.

  Senator Halvorson withdrew amendment S-3494 filed by him on
  April 14, 1997, to page 4 of the bill.

  Senator Kibbie withdrew amendment S-3734 filed by him on April
  23, 1997, to page 5 and the title page of the bill.

  Senator Lundby withdrew amendment S-3519 filed by Senators
  Lundby and Bartz on April 15, 1997, to page 5 of the bill.

  Senator Kibbie withdrew amendment S-3734 filed by him on April
  23, 1997, to page 5 of the bill.

  Senator Halvorson withdrew amendment S-3495 filed by him on
  April 14, 1997, to page 5 of the bill.

  Senator Connolly offered amendment S-3728 filed by him on April
  23, 1997, to page 6 of the bill.

  Senator Connolly offered amendment S-3763 filed by him from the
  floor to amendment S-3728 and moved its adoption.

  Amendment S-3763 was adopted by a voice vote.
  1560 JOURNAL OF THE SENATE 107th Day
  Senator Connolly moved the adoption of amendment S-3728 as
  amended, which motion prevailed by a voice vote.

  Senator Gettings withdrew amendment S-3516 filed by him on
  April 15, 1997, to pages 6 and 7 of the bill.

  Senator Gettings offered amendment S-3591 filed by him on April
  17, 1997, to page 6 of the bill.

  Senator Lundby raised the point of order that amendment S-3591
  was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3591
  in order.

  Senator Gettings moved the adoption of amendment S-3591.

  A record roll call was requested.

  On the question "Shall amendment S-3591 be adopted?" (H.F. 697)
  the vote was:

  Ayes, 24:

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

  Nays, 25:

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

  Absent or not voting, 1:

  Kramer

  Amendment S-3591 lost.
  107th Day TUESDAY, APRIL 29, 1997 1561
  Senator Kibbie withdrew amendment S-3731 filed by him on April
  23, 1997, to page 9 of the bill.

  Senator Halvorson withdrew amendment S-3762 filed by him
  from the floor to page 9 of the bill.

  Senator Halvorson withdrew amendment S-3493 filed by him to
  pages 2 and 3 of the bill.

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

  On the question "Shall the bill pass?" (H.F. 697) the vote was:

  Ayes, 45:

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

  Nays, 2:

  Fink Gettings

  Absent or not voting, 3:

  Lundby McLaren Rife

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

  The Senate stood at ease at 4:00 p.m. until the fall of the gavel.

  The Senate resumed session at 5:00 p.m., Senator Bartz presiding.
  1562 JOURNAL OF THE SENATE 107th Day
  QUORUM CALL

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

  The vote revealed 40 present, 10 absent and a quorum present.

  MOTION TO RECONSIDER WITHDRAWN

  Senate File 549

  Senators McLaren and Dvorsky withdrew the motions to reconsider
  Senate File 549, a bill for an act relating to the funding of, operation
  of, and appropriation of moneys to the college student aid
  commission, the department of cultural affairs, the department of
  education, the state board of regents, to the transfer of moneys from
  the interest for Iowa schools fund, and making related statutory
  changes and providing effective date and applicability provisions filed
  by them on April 29, 1997, and found on page 1548 of the Senate
  Journal.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 16, by Deluhery and McCoy, a
  concurrent resolution welcoming square dancers from throughout the
  nation to the city of Davenport for The 36th annual Iowa State
  Square and Round Dance Convention on March 27 and 28, 1998.

  Read first time and passed on file.

  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 29, 1997, passed the following bills in which the concurrence
  of the House
  was asked:

  Senate File 545, a bill for an act relating to the nonrenewal or
  suspension of motor vehicle licenses for failure to pay
  indebtedness
  107th Day TUESDAY, APRIL 29, 1997
  1563
  owed to or being collected by the state in pilot project counties, and
  providing an effective date.

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

  ALSO: That the House has on April 10, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 472, a bill for an act prohibiting a habitual violator or
  person charged with violation from constructing or expanding an
  animal feeding operation structure (S-3852).

  ALSO: That the House has on April 29, 1997, adopted the conference committee
  report and passed 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.

  ALSO: That the House has on April 29, 1997, concurred in the Senate
  amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  House File 266, a bill for an act relating to the administration of
  state individual income, corporate, motor fuel, and other taxes;
  property taxes, property tax credits and replacement claims; sales,
  services, and use taxes; tax refund setoffs; and other duties of the
  department and director of revenue and finance; providing a penalty;
  and providing a retroactive applicability date provision.

  The Senate stood at ease at 5:06 p.m. until the fall of the gavel.

  The Senate resumed session at 5:35 p.m., Senator Bartz presiding.

  COMMITTEE REPORT

  WAYS AND MEANS

  Final Bill Action: HOUSE FILE 734, a bill for an act relating to the
  criminal and
  civil justice system by providing for the imposition of a civil penalty for
  certain motor
  vehicle license suspensions, revocations, or bars, for the appropriation and
  distribution
  1564 JOURNAL OF THE SENATE 107th Day
  of the penalties collected, and for the imposition and payment of fees for
  probation and
  parole, and concerning inmate employment in private industry.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3853.

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

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  House File 734

  On motion of Senator Maddox, House File 734, a bill for an act
  relating to the criminal and civil justice system by providing for the
  imposition of a civil penalty for certain motor vehicle license
  suspensions, revocations, or bars, for the appropriation and
  distribution of the penalties collected, and for the imposition and
  payment of fees for probation and parole, and concerning inmate
  employment in private industry, with report of committee
  recommending amendment and passage, was taken up for
  consideration.

  Senator Maddox offered amendment S-3853 filed by the
  committee on Ways and Means from the floor to pages 1, 2, 6 and the
  title page of the bill and moved its adoption.

  Amendment S-3853 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?" (H.F. 734) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  107th Day TUESDAY, APRIL 29, 1997 1565
  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, 1:

  Rife

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

  The Journal of Monday, April 28, 1997, was approved.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 549, House Concurrent Resolution 23 and House
  Files 697 and 734 be immediately messaged to the House.

  HOUSE AMENDMENT CONSIDERED

  Senate File 472

  Senator Rensink called up for consideration Senate File 472, a bill
  for an act prohibiting a habitual violator or person charged with
  violation from constructing or expanding an animal feeding operation
  structure, amended by the House, and moved that the Senate concur
  in House amendment S-3852 filed April 29, 1997.

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

  Senator Rensink 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.
  1566 JOURNAL OF THE SENATE 107th Day
  On the question "Shall the bill pass?" (S.F. 472) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Harper Hedge
  Horn Iverson 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:

  Jensen

  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 to send an
  immediate message to the House on Senate File 472.

  MOTION TO RECONSIDER ADOPTED

  Senator Szymoniak called up the motion to reconsider Senate File
  367, a bill for an act relating to transfers of real property by providing
  that certain disclosures regarding psychologically impacted property
  are not required and by amending the definition of transfer, filed by
  her on April 28, 1997, found on page 1520 of the Senate Journal and
  moved its adoption.

  On the question "Shall the motion to reconsider be adopted?" (S.F.
  367) the vote was:
  107th Day TUESDAY, APRIL 29, 1997 1567
  Ayes, 36:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Douglas
  Drake Flynn Fraise Gettings
  Gronstal Halvorson Hansen Horn
  Iverson Judge Kibbie King
  Kramer Lundby Maddox McCoy
  McKean McKibben McLaren Neuhauser
  Redfern Redwine Rehberg Rife
  Schuerer Szymoniak Tinsman Zieman

  Nays, 11:

  Connolly Dearden Deluhery Dvorsky
  Fink Hammond Harper Hedge
  Palmer Rensink Vilsack

  Absent or not voting, 3:

  Freeman Jensen Rittmer

  The motion prevailed.

  Senator Iverson moved to reconsider the vote by which Senate File
  367 went to its last reading, which motion prevailed by a voice vote.

  Senate File 367

  Senator Iverson asked and received unanimous consent that action
  on Senate File 367 be deferred.

  BILL ASSIGNED TO COMMITTEE

  The Chair announced the assignment of Senate Concurrent
  Resolution 16 to the committee on Rules and Administration.

  President Kramer took the chair at 6:09 p.m.

  ADOPTION OF RESOLUTIONS
  (Regular Calendar)

  Senate Concurrent Resolution 13

  On motion of Senator Dvorsky, Senate Concurrent Resolution 13, a
  concurrent resolution recognizing the 150th anniversary of
  the
  1568 JOURNAL OF THE SENATE 107th Day
  founding of the University of Iowa, with report of committee
  recommending passage, was taken up for consideration.

  Senator Dvorsky moved the adoption of Senate Concurrent
  Resolution 13, which motion prevailed by a voice vote.

  Senate Resolution 10

  Senator Kramer called up the following resolution:

  1         Senate Resolution 10
  2             by Kramer, Iverson, Gronstal, and Judge
  3  A Resolution honoring E. A. (Sam) Samuelson for his
  4 many years of service to the Senate.
  5  WHEREAS, E. A. (Sam) Samuelson has worked as a
  6 Senate Doorkeeper since 1982; and
  7  WHEREAS, Sam is well known for his faithful service
  8 during those 16 regular sessions of the General
  9 Assembly; and
  10  WHEREAS, Sam's pleasant demeanor, warm personality,
  11 and friendly manner are well recognized by the members
  12 of the Senate and by his friends and colleagues in the
  13 General Assembly; and
  14  WHEREAS, his service has been sorely missed during
  15 his recent convalescence; NOW THEREFORE,
  16  BE IT RESOLVED BY THE SENATE, That the Senate pay
  17 tribute and express its gratitude to E. A. (Sam)
  18 Samuelson for his devoted service to the Senate; and
  19  BE IT FURTHER RESOLVED, That an official copy of
  20 this resolution be prepared and presented to Sam and
  21 his wife, Martha.

  Senator Kramer moved the adoption of Senate Resolution 10, which
  motion prevailed by a voice vote.

  The Senate stood at ease at 6:20 p.m. until the fall of the gavel for
  the purpose of committee meetings.

  The Senate resumed session at 7:38 p.m., Senator Boettger
  presiding.

  COMMITTEE REPORTS

  HUMAN RESOURCES

  Final Bill Action: SENATE CONCURRENT RESOLUTION 15, a concurrent
  resolution requesting an interim committee on anatomical gift referral.
  107th Day TUESDAY, APRIL 29, 1997 1569
  Recommendation: DO PASS.

  Final Vote: Ayes, 11: Boettger, Redwine,; Szymoniak, Bartz, J. Black,
  Dvorsky,
  Hammond, Rensink, Schuerer, Tinsman and Vilsack. Nays, none. Absent or not
  voting, 2: Behn and Dearden.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  RULES AND ADMINISTRATION

  Final Bill Action: SENATE RESOLUTION 12, resolution relating to the daily
  operations of the Senate.

  Recommendation: APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Maddox, Redfern and Rehberg. Nays, none. Absent or not voting, 1: Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE CONCURRENT RESOLUTION 16, a concurrent
  resolution welcoming square dancers from throughout the nation to the city
  of
  Davenport for the 36th annual Iowa State Square and Round Dance Convention
  on
  March 27 and 28, 1998.

  Recommendation: DO PASS.

  Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Maddox, Redfern and Rehberg. Nays, none. Absent or not voting, 1: Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE CONCURRENT RESOLUTION 17, a senate concurrent
  resolution to provide for adjournment sine die.

  Recommendation: APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Maddox, Redfern and Rehberg. Nays, none. Absent or not voting, 1: Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  QUORUM CALL

  Senator Iverson requested a non record roll call to determine that a
  quorum was present.
  1570 JOURNAL OF THE SENATE 107th Day
  The vote revealed 45 present, 5 absent and a quorum present.

  President Kramer took the chair at 7:45 p.m.

  ADOPTION OF RESOLUTIONS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Concurrent Resolutions 16 and 15.

  Senate Concurrent Resolution 16

  On motion of Senator Deluhery, Senate Concurrent Resolution 16,
  a concurrent resolution welcoming square dancers from throughout
  the nation to the city of Davenport for The 36th annual Iowa State
  Square and Round Dance Convention on March 27 and 28, 1998, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Deluhery moved the adoption of Senate Concurrent
  Resolution 16, which motion prevailed by a voice vote.

  Senate Concurrent Resolution 15

  On motion of Senator Boettger, Senate Concurrent Resolution 15, a
  concurrent resolution requesting an interim committee on anatomical
  gift referral, with report of committee recommending passage, was
  taken up for consideration.

  Senator Neuhauser offered amendment S-3854 filed by her from
  the floor to page 1 of the resolution and moved its adoption.

  Amendment S-3854 was adopted by a voice vote.

  Senator Boettger moved the adoption of Senate Concurrent
  Resolution 15 as amended, which motion prevailed by a voice vote.

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

  INTRODUCTION OF RESOLUTION

  Senate Resolution 12, by committee on Rules and
  Administration, a senate resolution relating to daily operations of the
  Senate.
  107th Day TUESDAY, APRIL 29, 1997 1571
  Read first time and placed on calendar.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 12.

  Senate Resolution 12

  On motion of Senator Kramer, Senate Resolution 12, a senate
  resolution relating to daily operations of the Senate, was taken up for
  consideration.

  Senator Kramer moved the adoption of Senate Resolution 12, which
  motion prevailed by a voice vote.

  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 29, 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 549, a bill for an act relating to the funding of,
  operation of, and appropriation of moneys to the college student aid
  commission, the department of cultural affairs, the department of
  education, the state board of regents, to the transfer of moneys from
  the interest for Iowa schools fund, and making related statutory
  changes and providing effective date and applicability provisions.

  The Senate stood at ease at 8:00 p.m. until the fall of the gavel.

  The Senate resumed session at 8:20 p.m., President Kramer
  presiding.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 17, by committee on Rules and
  Administration, a senate concurrent resolution to provide for
  adjournment sine die.

  Read first time and placed on calendar.
  1572 JOURNAL OF THE SENATE 107th Day
  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 29, 1997, concurred in the Senate amendment and passed the
  following
  bill in which the concurrence of the House was asked:

  House File 734, a bill for an act relating to the criminal and civil
  justice system by providing for the imposition of a civil penalty for
  certain motor vehicle license suspensions, revocations, or bars, for the
  appropriation and distribution of the penalties collected, and for the
  imposition and payment of fees for probation and parole, and
  concerning inmate employment in private industry.

  ALSO: That the House has on April 29, 1997, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 542, a bill for an act relating to and making
  supplemental appropriations for the fiscal year beginning July 1,
  1996, and providing an effective date (S-3858).

  ALSO: That the House has on April 29, 1997, adopted the following resolution
  in
  which the concurrence of the Senate is asked:

  House Concurrent Resolution 27, a house concurrent resolution
  to provide for adjournment sine die.

  PAGE RESOLUTION 1
  (By 1997 Senate Pages)

  Sara Lanz, Secretary of the Senate's Page, read the following
  resolution:

  A resolution to thank Senators and Senate Staff for all of the kindness
  bestowed
  upon the pages during the seventy-seventh general assembly.

  Whereas the Senators treated us to Chinese, pizza, and smiles.

  Whereas it was a pleasure to work for you, because of the appreciative
  atmosphere.

  Whereas we are very glad that we are not adjourning at 2:30 again.

  Be it resolved that the Senate Pages of the 1997 Session show gratitude and
  best
  wishes to all Senate Staff.
  107th Day TUESDAY, APRIL 29, 1997 1573
  HOUSE AMENDMENT CONSIDERED

  Senate File 542

  Senator McLaren called up for consideration Senate File 542, a bill
  for an act relating to and making supplemental appropriations for the
  fiscal year beginning July 1, 1996, and providing an effective date,
  amended by the House, and moved that the Senate concur in House
  amendment S-3858 filed on April 29, 1997.

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

  Senator McLaren 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. 542) the vote was:

  Ayes, 46:

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

  Nays, 2:

  Dearden McCoy

  Absent or not voting, 2:

  Lundby Rife

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  1574 JOURNAL OF THE SENATE 107th Day
  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Concurrent Resolution 17.

  Senate Concurrent Resolution 17

  On motion of Senator Iverson, Senate Concurrent Resolution 17, a
  senate concurrent resolution to provide for adjournment sine die, was
  taken up for consideration.

  Senator Iverson asked and received unanimous consent that House
  Concurrent Resolution 27 be substituted  for Senate
  Concurrent Resolution 17.

  House Concurrent Resolution 27

  On motion of Senator Iverson, House Concurrent Resolution 27, a
  house concurrent resolution to provide for adjournment sine die, was
  taken up for consideration.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 27, which motion prevailed by a voice vote.
  107th Day TUESDAY, APRIL 29, 1997 1575
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  HUMAN RESOURCES

  Convened: April 29, 1997, 7:30 p.m.

  Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, J. Black, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and
  Vilsack.

  Members Absent: Behn and Dearden (both excused).

  Committee Business: Recommended passage of Senate Concurrent Resolution 15.

  Adjourned: 7:35 p.m.

  RULES AND ADMINISTRATION

  Convened: April 29, 1997, 2:17 p.m.

  Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Judge, Kibbie, Lundby, Maddox, Redfern and Rehberg.

  Members Absent: none.

  Committee Business: Recommended passage of Senate Resolution 11.

  Adjourned: 2:19 p.m.

  RULES AND ADMINISTRATION

  Convened: April 29, 1997, 6:25 p.m.

  Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Judge, Kibbie, Maddox, Redfern and Rehberg.

  Members Absent: Lundby (excused).

  Committee Business: Recommended passage of S.C.R. 16 and approved S.C.R. 17
  and S.R. 12 as committee resolutions.

  Adjourned: 6:40 p.m.

  WAYS AND MEANS

  Convened: April 29, 1997, 11:40 a.m.

  Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking
  Member;
  Borlaug, Deluhery, Drake, Hedge, Judge, Maddox, McLaren, Szymoniak and
  Vilsack.
  1576 JOURNAL OF THE SENATE 107th Day
  Members Absent: Connolly, Freeman and Redfern (all excused).

  Committee Business: Discussed House File 734.

  Recessed: 12:20 p.m.

  Reconvened: April 29, 1997, 4:25 p.m.

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

  Members Absent: McLaren and Vilsack (both excused).

  Committee Business: Recommended passage of House File 734 as amended.

  Adjourned: 4:35 p.m.

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 29, 1997,
  the governor approved and transmitted to the Secretary of State the
  following bill:

  S.F. 193 ( Relating to the election of trustees for special land use
  districts.

  PRESENTATION OF VISITORS

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

  Twenty-eight sixth grade students from Netherlands Reformed
  Christian School, Rock Valley, accompanied by Jewell Van Voorst.
  Senator Rensink.

  Ten fifth grade students from Immanuel Lutheran School,
  Waterloo, accompanied by Aimee Brown. Senators Harper and
  Redfern.

  AMENDMENTS FILED

  S(3851 H. F.  299 Steve King
  S(3852 S. F.  472 House amendment
  S(3853 H. F.  734 Ways and Means
  S(3854 S.C.R. 15 Mary Neuhauser
  107th Day TUESDAY, APRIL 29, 1997 1577
  S(3855 H. F.  299 Tom Vilsack
  S(3856 H. F.  299 Tom Vilsack
  S(3857 H. F.  299 Tom Vilsack
  S(3858 S. F.  542 House amendment

  The Senate stood at ease until the fall of the gavel at 8:32 p.m.

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