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FIFTY-FIRST CALENDAR DAY THIRTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 3, 1998 The Senate met in regular session at 9:04 a.m., President Kramer presiding. Prayer was offered by Father Mike McLaughlin of Holy Trinity Roman Catholic Church, Des Moines, Iowa. The Journal of Monday, March 2, 1998, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until his arrival, on request of Senator Dearden. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent, and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2259, 347, 2310, and 2338. Senate File 2259 On motion of Senator McKibben, Senate File 2259, a bill for an act relating to search warrant applications, was taken up for consideration. Senator McKibben offered amendment S-5073 filed by him on March 2, 1998, to page 1 of the bill and moved its adoption. Amendment S-5073 was adopted by a voice vote. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2259), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 4: Drake Gettings Lundby McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 347 On motion of Senator Angelo, Senate File 347, a bill for an act relating to the disposal of public nuisances seized by the department of natural resources, with report of committee recommending amendment and passage, was taken up for consideration. Senator Angelo offered amendment S-5034 filed by the committee on Natural Resources and Environment on February 12, 1998, to page 1 of the bill and moved its adoption. Amendment S-5034 was adopted 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?" (S.F. 347), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 3: Gettings Lundby McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2310 On motion of Senator McKibben, Senate File 2310, a bill for an act relating to professional engineering licensure requirements for applicants with certain educational qualifications, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2310), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 3: Gettings Lundby McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2338 On motion of Senator Schuerer, Senate File 2338, a bill for an act relating to the entities responsible for assisting in international adoptions, was taken up for consideration. Senator Schuerer moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2338), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 3: Gettings Lundby McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate Files 2259, 347, 2310, and 2338 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:40 a.m., until 10:45 a.m. RECONVENED The Senate reconvened at 11:11 a.m., President Kramer presiding. SPECIAL GUESTS Senator Harper announced the following winners of the "Write Women Back Into History" essay contest. 6-7 Grade: First Place - Jessica Moser, Guttenberg Second Place - Sarah Maahs, Ames Third Place - Andrea Roberts, Parnell 8-9 Grade: First Place - Elizabeth Reicks, Turkey Valley Second Place - Stephanie Gallegos, Irwin Third Place - Amanda Jo Miller, Red Oak Why Not Women? Award on the Best Essay on a Woman in a Nontraditional Career: Heidi Hanel, Marion Best Essays on Women in Science and Engineering: First Place - Melinda Padley, Marion Second Place - Meghan Minner, Roland-Story Edith Rose Murphy Sackett Award on the Best Essay on a Woman Volunteer: Craig Winger, Dubuque BILL REFERRED TO COMMITTEE President Kramer announced that House File 530 has been referred to the committee on Human Resources. RECESS On motion of Senator Iverson, the Senate recessed at 11:17 a.m., until 1:00 p.m. APPENDIX SUBCOMMITTEE ASSIGNMENTS Senate File 2361 COMMERCE: Jensen, Chair; Hansen and Lundby House File 2218 APPROPRIATIONS: Tinsman, Chair; McLaren and Neuhauser House File 2169 COMMERCE: Maddox, Chair; Deluhery and Redfern COMMITTEE REPORTS SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Final Bill Action: SENATE FILE 2099, a bill for an act relating to eligibility under the rural small business transfer linked investment loan program. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Lundby, Rittmer, Hansen, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Nays, none. Absent or not voting, 1: Boettger. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2105, a bill for an act requiring the department of economic development to report on the status of international trade development in this state. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Lundby, Rittmer, Hansen, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Nays, none. Absent or not voting, 1: Boettger. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5114 S.F. 2274 Jeff Angelo S-5115 S.F. 2295 Tom Vilsack S-5116 S.F. 2295 Tom Vilsack AFTERNOON SESSION The Senate reconvened at 1:10 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Dvorsky and Flynn until their arrival, on request of Senator Gronstal; Senator Rittmer until his arrival, on request of Senator Tinsman. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2341 and 2257. Senate File 2341 On motion of Senator Schuerer, Senate File 2341, a bill for an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date, was taken up for consideration. Senator Redwine offered amendment S-5118 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-5118 was adopted by a voice vote. Senator Redwine moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2341), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 4: Dvorsky Flynn McCoy Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2257 On motion of Senator Borlaug, Senate File 2257, a bill for an act relating to the regulation of and motor vehicle operation on the roads and streets of this state by providing for the classification of the system of roads and streets, authorizing easements on state- controlled lands, providing for the admissibility of official records of the state department of transportation, regulating motor vehicles and motor vehicle dealers, authorizing maintenance vehicles to stop or park on the traveled way of the roadway, allowing single trucks a variance on their maximum length, administering of motor vehicle laws by the state department of transportation concerning motor vehicle dealer sales, multiyear vehicle and vehicle dealer licensing, requiring the payment of certain civil penalties before issuance of temporary restricted licenses, and modifying the compilation requirements for airport sufficiency ratings, with report of committee recommending passage, was taken up for consideration. Senator Halvorson offered amendment S-5072 filed by him on March 2, 1998, to pages 9 and 11 of the bill. Senator Jensen raised the point of order that amendment S-5072 was not germane to the bill. The Chair ruled the point well taken and amendment S-5072 out of order. Senator Borlaug offered amendment S-5057 filed by him on February 24, 1998, to page 10 of the bill and moved its adoption. Amendment S-5057 was adopted by a voice vote. Senator Drake offered amendment S-5113 filed by him on March 2, 1998, to page 9 of the bill and moved its adoption. Amendment S-5113 was adopted by a voice vote. Senator Borlaug offered amendment S-5100 filed by him on March 2, 1998, to page 10 of the bill and moved its adoption. Amendment S-5100 was adopted by a voice vote. Senator Dvorsky offered amendment S-5065 filed by Senators Dvorsky and Borlaug on February 26, 1998, to page 11 of the bill and moved its adoption. Amendment S-5065 was adopted by a voice vote. Senator Borlaug 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. 2257), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 2: Maddox McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators McLaren and Kibbie until their arrival, on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2153, 2188, and 2221. Senate File 2153 On motion of Senator Rittmer, Senate File 2153, a bill for an act relating to affidavits of candidacy filed by candidates for public office, with report of committee recommending passage, was taken up for consideration. Senator Rittmer moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2153), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge King Kramer Lundby Maddox McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 4: Drake Kibbie McCoy McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2188 On motion of Senator Flynn, Senate File 2188, a bill for an act relating to debt collection by excluding a financial institution and its employees from the definition of debt collector, was taken up for consideration. Senator Flynn offered amendment S-5104 filed by him on March 2, 1998, striking everything after the enacting clause and to the title page of the bill and moved its adoption. Amendment S-5104 was adopted by a voice vote. Senator Flynn 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. 2188), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge King Kramer Lundby Maddox McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 3: Kibbie McCoy McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 2221 On motion of Senator Boettger, Senate File 2221, a bill for an act relating to the payment of costs relating to a contempt of court action for nonpayment of child support, was taken up for consideration. Senator Boettger offered amendment S-5101 filed by Senators Boettger, King, and Halvorson on March 2, 1998, to page 1 and the title page of the bill. Senator Hammond raised the point of order that amendment S-5101 was not germane to the bill. The Chair ruled the point not well taken and amendment S-5101 in order. Senator Boettger moved adoption of amendment S-5101. Amendment S-5101 was adopted by a voice vote. Senator Boettger moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2221), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge King Kramer Lundby Maddox McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 3: Kibbie McCoy McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2341, 2257, 2153, 2188, and 2221 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2331 and 2285. Senate File 2331 On motion of Senator Angelo, Senate File 2331, a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services, was taken up for consideration. Senator Angelo asked and received unanimous consent that action on Senate File 2331 be deferred. Senate File 2285 On motion of Senator Tinsman, Senate File 2285, a bill for an act relating to anatomical gifts by modifying certain qualification requirements for hospital reimbursement grants and requiring submission of an annual donation and compliance report, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2285), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 2285 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2295. Senate File 2295 On motion of Senator Hedge, Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources, with report of committee recommending passage, was taken up for consideration. Senator McLaren offered amendment S-5124 filed by Senators McLaren and Hedge from the floor to pages 3, 4, 8, 12, 15, 17, and the title page of the bill. Senator Judge called for a division of amendment S-5124: Lines 13 and 14 as division S-5124A; lines 2-12 and 15-46 as division S-5124B. Senator McLaren asked and received unanimous consent that action on division S-5124A be deferred. Senator McLaren moved adoption of division S-5124B. Division S-5124B was adopted by a voice vote. Senator Judge offered amendment S-5128 filed by her from the floor to page 4 of the bill, moved its adoption, and requested a record roll call. On the question, "Shall amendment S-5128 be adopted?" (S.F. 2295), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or Not Voting, 1: McCoy Amendment S-5128 lost. Senator Judge offered amendment S-5120 filed by her from the floor to page 4 of the bill, moved its adoption, and requested a record roll call. On the question, "Shall amendment S-5120 be adopted?" (S.F. 2295), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Bartz Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or Not Voting, 1: McCoy Amendment S-5120 lost. Senator Vilsack offered amendment S-5126 filed by him from the floor to page 7 of the bill and moved its adoption. Amendment S-5126 was adopted by a voice vote. With the adoption of amendment S-5126, the Chair ruled amendment S-5115 filed by Senator Vilsack from the floor to page 7 of the bill, out of order. Senator Fink offered amendment S-5123 filed by Senators Fink, et al., from the floor to page 11 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5123 be adopted?" (S.F. 2295), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or Not Voting, 1: McCoy Amendment S-5123 lost. Senator Kibbie offered amendment S-5125 filed by Senators Kibbie and Judge from the floor to page 13 of the bill and moved its adoption. Adoption S-5125 lost by a voice vote. Senator Judge offered amendment S-5127 filed by Senators Judge and Kibbie from the floor to pages 13 and 16 of the bill. Senator McLaren raised the point of order that amendment S-5127 was not germane to the bill. The chair ruled the point well taken and amendment S-5127 out of order. Senator Judge asked and received unanimous consent that action on Senate File 2295 be deferred. (Division S-5124A pending.) President pro tempore Redfern took the chair at 3:44 p.m. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2288. Senate File 2288 On motion of Senator McKibben, Senate File 2288, a bill for an act relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2288), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2287. Senate File 2287 On motion of Senator Szymoniak, Senate File 2287, a bill for an act relating to the continued operation of the innovation zone board, was taken up for consideration. Senator Szymoniak 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. 2287), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 103. Senate Resolution 103 On motion of Senator Lundby, Senate Resolution 103, a resolution commemorating the founding and accomplishments of the federal Civilian Conservation Corps, with report of committee recommending passage, was taken up for consideration. Senator Lundby moved the adoption of Senate Resolution 103, which motion prevailed by a voice vote. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2294 and 2336. Senate File 2294 On motion of Senator Fink, Senate File 2294, a bill for an act relating to the payment of snowmobile and all-terrain vehicle title fees, was taken up for consideration. Senator Fink 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. 2294), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2336 On motion of Senator McKibben, Senate File 2336, a bill for an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2336), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 2: Dvorsky McCoy 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 Senate Files 2288, 2287, 2294, and 2336 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2261, 2337, and 2301. Senate File 2261 On motion of Senator Boettger, Senate File 2261, a bill for an act relating to the criteria for the awarding of grandparent and great- grandparent visitation rights, with report of committee recommending passage, was taken up for consideration. Senator Boettger moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2261), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2337 On motion of Senator Angelo, Senate File 2337, a bill for an act to allow distribution of the presentence investigation report under certain circumstances, was taken up for consideration. 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?" (S.F. 2337), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 2: Lundby McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2301 On motion of Senator Palmer, Senate File 2301, a bill for an act relating to the operation and regulation of banks and making technical corrections, was taken up for consideration. Senator Palmer 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. 2301), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2261, 2337, and 2301 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2319, 2218, and 2350. Senate File 2319 On motion of Senator McKibben, Senate File 2319, a bill for an act revising the definition of the practice of land surveying, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2319), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2218 On motion of Senator Drake, Senate File 2218, a bill for an act relating to the issuance of highway travel permits to raw milk transporters whose motor trucks exceed gross weight and axle weight restrictions and establishing a fee, was taken up for consideration. 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. 2218), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2350 On motion of Senator Deluhery, Senate File 2350, a bill for an act establishing a state employee deferred compensation trust fund, was taken up for consideration. Senator Deluhery 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. 2350), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 2: Jensen McCoy 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 Senate Files 2319, 2218, and 2350 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2308, 2170, 2378, and 2279. Senate File 2308 On motion of Senator Drake, Senate File 2308, a bill for an act concerning eligible alternative retirement benefit systems for community college employees, was taken up for consideration. Senator Connolly asked and received unanimous consent that action on Senate File 2308 be deferred. Senate File 2170 On motion of Senator Tinsman, Senate File 2170, a bill for an act relating to licensing sanctions against individuals who default on debt owed to or collected by the college student aid commission, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2170), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 2: Dearden McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2378 On motion of Senator McKibben, Senate File 2378, a bill for an act relating to real estate titles involving bankruptcy, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2378), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2279 On motion of Senator Gronstal, Senate File 2279, a bill for an act relating to authorized investments by insurance companies in obligations of foreign governments and foreign corporations, was taken up for consideration. Senator Gronstal moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2279), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or Not Voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2170, 2378, and 2279 be immediately messaged to the House. 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 March 3, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2336, a bill for an act relating to the assumption of risk by and liability of forcible felons and persons aiding and abetting in the commission of forcible felonies for damages resulting from the offenders' criminal conduct. Read first time and referred to committee on Judiciary. House File 2340, a bill for an act relating to the inclusion of dentists and certain other medical specialists in the volunteer health care provider program. Read first time and passed on file. House File 2374, a bill for an act exempting sales made to and services performed for organ procurement organizations from the state sales, services, and use taxes. Read first time and referred to committee on Ways and Means. House File 2444, a bill for an act relating to annual reports, audits, and board of director composition of nonprofit corporations created by or in association with the Iowa finance authority and providing effective dates. Read first time and referred to committee on State Government. ALSO: That the House has on March 3, 1998, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 106, a concurrent resolution designating March 1998 as Iowa Women's History Month. SIMILAR BILL RECEIVED On March 3, 1998, House File 2340 was received and attached to similar Senate File 2328 on the Senate calendar. INTRODUCTION OF BILL Senate File 2406, by committee on Appropriations, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Read first time and placed on Appropriations calendar. APPENDIX REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: March 3, 1998, 11:26 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Members Absent: McCoy (excused). Committee Business: Passed SF 2347. Adjourned: 12:22 p.m. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 3, 1998, when the vote was taken Senate File 2341. Had I been present, I would have voted "aye." TOM FLYNN MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 3, 1998, when the votes were taken Senate Files 2153, 2188, 2221, 2285, and 2341. Had I been present, I would have voted "aye." JOHN P. KIBBIE CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Irvin and Vera Bergman, Lake Park - For celebrating their 65th wedding anniversary. Senator Kibbie (3/3/98). Cory Meehan, Dubuque - For achieving the rank of Eagle Scout. Senator Flynn (3/3/98). Elizabeth Reicks, Lawler - For winning 1st Place (8th - 9th Grade Category) 1998 Write Women Back Into History Essay Contest. Senator Borlaug (3/3/98). Craig Winger, Dubuque - For winning the Edith Rose Murphy Sackett Award on the Best Essay on a Woman Volunteer in the 1998 Write Women Back Into History Essay Contest. Senator Connolly (3/3/98). GUESTS The Chair welcomed at the request of Senator Vilsack, sixth grade students from Waco Elementary School, Wayland and Crawfordsville, Iowa, accompanied by Bert Miller, who were present in the balcony. STUDY BILLS RECEIVED SSB 2206 Ways and Means Requiring deposit and transfer to a special conservation fund of proceeds of excise taxes on the sale of motor fuel for use in all-terrain vehicles and snowmobiles. SSB 2207 Ways and Means Relating to school district bond issuance elections and authorizing a school district to impose a debt service income surtax to partially fund the issuance of certain bonds. SUBCOMMITTEE ASSIGNMENT SSB 2206 WAYS AND MEANS: Drake, Chair; Douglas and Judge COMMITTEE REPORT APPROPRIATIONS Final Bill Action: *SENATE FILE 2406 (SF 2347), a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 23: McLaren, Kramer, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, Neuhauser, Rehberg, Rensink, Rife, Rittmer, and Tinsman. Nays, none. Absent or not voting, 2: McCoy and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 2406, and they were attached to the committee report. AMENDMENTS FILED S-5117 S.F. 2401 Mary Lou Freeman S-5118 S.F. 2341 John Redwine S-5119 S.F. 2374 Gene Maddox S-5120 S.F. 2295 Patty Judge S-5121 S.F. 2397 Michael E. Gronstal S-5122 S.F. 2295 Patty Judge S-5123 S.F. 2295 Bill Fink Robert E. Dvorsky Rod Halvorson Mike Connolly Tom Flynn Patty Judge S-5124 S.F. 2295 Derryl McLaren H. Kay Hedge S-5125 S.F. 2295 John P. Kibbie Patty Judge S-5126 S.F. 2295 Tom Vilsack S-5127 S.F. 2295 Patty Judge John P. Kibbie S-5128 S.F. 2295 Patty Judge S-5129 S.F. 2224 Nancy Boettger S-5130 S.F. 2398 Jeff Angelo Eugene S. Fraise S-5131 S.F. 2274 Jeff Angelo S-5132 S.C.R. 105 Johnie Hammond S-5133 S.F. 2328 Maggie Tinsman ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:01 p.m., until 9:00 a.m., Wednesday, March 4, 1998. 548 JOURNAL OF THE SENATE 51st Day 51st Day TUESDAY, MARCH 3, 1998 547
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