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Senate Journal: Wednesday, March 4, 1998

  FIFTY-SECOND CALENDAR DAY
  THIRTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 4, 1998

  The Senate met in regular session at 9:01 a.m., President pro
  tempore Redfern presiding.

  Prayer was offered by Pastor John Palmer of the First Assembly of
  God Church, Des Moines, Iowa.

  The Journal of Tuesday, March 3, 1998, was approved.

  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 March 3, 1998, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 681, a bill for an act creating an environmental audit
  privilege and immunity, and an environmental auditor training
  program, and providing penalties.

  Read first time and referred to committee on Natural Resources
  and Environment.

  The Senate stood at ease at 9:07 a.m. until the fall of the gavel.

  The Senate resumed session at 9:09 a.m., President pro tempore
  Redfern presiding.
  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 2321 and 2220.

  Senate File 2321

  On motion of Senator Jensen, Senate File 2321, a bill for an act
  relating to the confidentiality of certain records and reports held by
  the labor commissioner, was taken up for consideration.

  Senator Jensen 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. 2321), the vote was:

  Ayes, 49:

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

  Nays, none.

  Absent or Not Voting, 1:

  Freeman		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  Senate File 2220

  On motion of Senator Boettger, Senate File 2220, a bill for an act
  relating to the definition of a chronic runaway, 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. 2220), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Gaskill
  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	

  Nays, none.

  Absent or Not Voting, 2:

  Freeman	Kramer		

  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 to take up
  for consideration Senate Files 2286 and 2037.

  Senate File 2286

  On motion of Senator Tinsman, Senate File 2286, a bill for an act
  relating to cigarettes and tobacco products by restricting smoking of
  tobacco products in licensed child day care centers and registered
  group day care homes, by restricting advertising, and providing a
  penalty, 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. 2286), 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	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:

  Kramer		

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

  UNFINISHED BUSINESS
  (Deferred March 2, 1998)

  Senate File 2037

  The Senate resumed consideration of Senate File 2037, a bill for an
  act relating to the Iowa state fair convention by providing for its
  membership and the election of members to the Iowa state fair board,
  deferred March 2, 1998.

  Senator Iverson asked and received unanimous consent that action
  on Senate File 2037 be deferred.
  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Files 2151 and 2066.

  Senate File 2151

  On motion of Senator Lundby, Senate File 2151, a bill for an act
  relating to political party county convention delegates and providing
  an effective date, with report of committee recommending passage,
  was taken up for consideration.

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

  On the question "Shall the bill pass?" (S.F. 2151), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gettings	Gronstal	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	

  Nays, 1:

  Halvorson	

  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.
  Senate File 2066

  On motion of Senator Behn, Senate File 2066, a bill for an act
  relating to child support for a child completing high school graduation
  or equivalency requirements, with report of committee recommending
  passage, was taken up for consideration.

  Senator Behn 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. 2066), 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	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Vilsack	Zieman	

  Nays, 1:

  Palmer	

  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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2321, 2220, 2286, 2151, and 2066 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 2210 and 2186.

  Senate File 2210

  On motion of Senator Boettger, Senate File 2210, a bill for an act
  requiring a peace officer to assist an abused person in removing
  clothing, medical items, and other personal effects for the immediate
  need of the abused person and any children in that person's care,
  with report of committee recommending passage, was taken up for
  consideration.

  Senator Tinsman asked and received unanimous consent that
  action on Senate File 2210 be deferred.

  Senate File 2186

  On motion of Senator Behn, Senate File 2186, a bill for an act
  relating to the validity and enforceability in Iowa of an advance
  directive document executed by a veteran of the armed forces, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Behn 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. 2186), 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	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:

  Kramer		

  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 2186 be immediately messaged to the House.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Kramer until her arrival, on request of Senator Iverson.

  UNFINISHED BUSINESS
  (Deferred March 3, 1998)

  Senate File 2295

  The Senate resumed consideration of Senate File 2295, a bill for an
  act relating to and making appropriations for agriculture and natural
  resources, and Division A of amendment S-5124, deferred March 3,
  1998.

  Senator Vilsack offered amendment S-5116 filed by him on March 3,
  1998, to pages 15 and 16 of the bill, moved its adoption, and
  requested a record roll call.

  On the question, "Shall amendment S-5116 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, 24:

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

  Nays, 25:

  Angelo	Behn	Boettger	Borlaug
  Douglas	Drake	Freeman	Gaskill
  Hedge	Iverson	Jensen	King
  Lundby	Maddox	McKibben	McLaren
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Tinsman
  Zieman	

  Absent or Not Voting, 1:

  Kramer	

  Amendment S-5116 lost.

  Senator Judge offered amendment S-5122 filed by her on March 3,
  1998, to pages 15 and 16 of the bill, moved its adoption, and
  requested a record roll call.

  On the question, "Shall amendment S-5122 be adopted?"
  (S.F. 2295), the vote was:

  Ayes, 23:

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

  Nays, 26:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Douglas	Drake	Freeman
  Gaskill	Hedge	Iverson	Jensen
  King	Maddox	McKean	McKibben
  McLaren	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Tinsman	Zieman	
  Absent or Not Voting, 1:

  Kramer		

  Amendment S-5122 lost.

  President Kramer took the chair at 10:38 a.m.

  Senator Judge offered amendment S-5135 filed by Senators Judge,
  Kibbie, and Vilsack from the floor to pages 2 and 3 of the bill.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gronstal until his arrival, on request of Senator Fink.

  BUSINESS PENDING

  Senate File 2295

  The Senate resumed consideration of Senate File 2295 and
  amendment S-5135.

  Senator Judge moved adoption of amendment S-5135 and
  requested a record roll call.

  On the question, "Shall amendment S-5135 be adopted?"
  (S.F. 2295), the vote was:

  Ayes, 21:

  Bartz	Black	Connolly	Dearden
  Deluhery	Dvorsky	Fink	Flynn
  Fraise	Gettings	Halvorson	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	Neuhauser	Palmer	Szymoniak
  Vilsack	

  Nays, 28:

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

  Absent or Not Voting, 1:

  Gronstal		

  Amendment S-5135 lost.

  With the adoption of division S-5124B on March 3, 1998, the Chair
  ruled amendment S-5107 filed by Senators McLaren, Hedge, and
  Black on March 2, 1998, to pages 3, 4, and 12 of the bill, out of order.

  Senator McLaren moved the adoption of amendment S-5124
  division A, filed by Senators McLaren and Hedge on March 3, 1998,
  previously deferred.

  Amendment S-5124 division A was adopted by a voice vote.

  Senator McLaren offered amendment S-5134 filed by Senators
  McLaren and Hedge from the floor to page 3 of the bill and moved its
  adoption.

  Amendment S-5134 was adopted by a voice vote.

  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?" (S.F. 2295), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Dearden	Deluhery
  Douglas	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gettings	Halvorson	Hammond	Hansen
  Harper	Hedge	Horn	Iverson
  Jensen	Judge	Kibbie	King
  Kramer	Lundby	Maddox	McCoy
  McKean	McKibben	McLaren	Neuhauser
  Palmer	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Vilsack	Zieman	
  Nays, 1:

  Connolly	

  Absent or Not Voting, 1:

  Gronstal		

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

  Senator Iverson asked and received unanimous consent that
  Senate File 2295 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 4, 1998, passed the following bills in which the
  concurrence of the
  Senate is asked:

  House File 2120, a bill for an act prohibiting the use of self-
  service displays in the offering for sale or sale of cigarettes or tobacco
  products, and providing a penalty.

  Read first time and referred to committee on Human Resources.

  House File 2135, a bill for an act relating to a mid-America port
  commission agreement and providing an effective date.

  Read first time and referred to committee on Commerce.

  House File 2269, a bill for an act relating to permissible physical
  contact between school employees and students.

  Read first time and referred to committee on Education.

  House File 2272, a bill for an act requiring the state board of
  education to adopt rules relating to the incorporation of
  accountability for student achievement into the education standards
  and accreditation process.
  Read first time and referred to committee on Education.

  ALSO:  That the House has on March 4, 1998, adopted the following resolution
  in
  which the concurrence of the Senate is asked:

  House Concurrent Resolution 113, a concurrent resolution
  relating to the increased utilization of the Rock Island Arsenal.

  Read first time and referred to committee on State Government.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 12:13 p.m.,
  until 2:00 p.m.
  APPENDIX

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on March 4, 1998,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 2073 - Prohibiting the performance of partial-birth abortions relative
  to a
  human fetus, establishing a cause of action for violation of the
  prohibition, and
  providing penalties.

  S.F. 2075 - Relating to the creation of a dental hygiene committee within
  the board
  of dental examiners.

  REPORT OF COMMITTEE MEETING

  WAYS AND MEANS

  Convened:  March 4, 1998, 12:15 p.m.

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

  Members Absent:  Palmer, Ranking Member; McLaren and Vilsack (all excused).

  Committee Business:  Subcommittee assignments.  Passed HF 58.  Approved
  SSB 2153.

  Adjourned:  12:25 p.m.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2403

  STATE GOVERNMENT:  Rittmer, Chair; Drake and Kibbie

  Senate Concurrent Resolution 108

  NATURAL RESOURCES AND ENVIRONMENT:  Rehberg, Chair; Deluhery and
  Zieman

  SSB 2207

  WAYS AND MEANS:  McKibben, Chair; Connolly and Redfern

  House File 2374

  WAYS AND MEANS:  Hedge, Chair; Borlaug and Szymoniak
  House File 2392

  TRANSPORTATION:  Freeman, Chair; Drake and Fraise

  COMMITTEE REPORTS

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

  Final Bill Action:  SENATE FILE 2098, a bill for an act relating to
  limitations of the
  focused small business linked investments program.

  Recommendation:  DO PASS.

  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.

  WAYS AND MEANS

  Final Bill Action:  HOUSE FILE 58, a bill for an act relating to fees
  charged by an
  employer for copies of items in an employee's personnel file.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Douglas, McKibben, Borlaug, Connolly, Deluhery,
  Drake,
  Freeman, Hedge, Judge, Maddox, Redfern, and Szymoniak.  Nays, none.  Absent
  or not
  voting, 3:  Palmer, McLaren, and Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5134		S.F. 2295	Derryl McLaren
  H. Kay Hedge
  S-5135		S.F. 2295	Patty Judge
  John P. Kibbie
  Tom Vilsack
  S-5136		S.F. 2331	Jeff Angelo
  Tom Vilsack
  S-5137		S.F. 2210	Mike Connolly
  S-5138		S.F. 2391	John P. Kibbie
  Mary Lou Freeman
  S-5139		S.F. 2396	Elaine Szymoniak
  AFTERNOON SESSION

  The Senate reconvened at 2:07 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 41 present, 9 absent, and a quorum present.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Maddox asked and received unanimous consent to take up
  for consideration Senate Files 2254, 2307, and 2339.

  Senate File 2254

  On motion of Senator Schuerer, Senate File 2254, a bill for an act
  relating to charges for room and board by certain prisoners, 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. 2254), 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	McCoy	McKean	McKibben
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	
  Nays, none.

  Absent or Not Voting, 1:

  McLaren		

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

  Senate File 2307

  On motion of Senator Hammond, Senate File 2307, a bill for an act
  relating to the continuation, administration, use, and performance of
  the community grant fund for juvenile crime prevention programs,
  was taken up for consideration.

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

  On the question "Shall the bill pass?" (S.F. 2307), the vote was:

  Ayes, 48:

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

  Nays, 1:

  Dvorsky	

  Absent or Not Voting, 1:

  Borlaug		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  Senate File 2339

  On motion of Senator McKean, Senate File 2339, a bill for an act
  relating to an inmate's right to counsel in a postconviction proceeding
  pertaining to a forfeiture of a reduction in sentence or the unlawful
  holding of a person in custody or restraint, was taken up for
  consideration.

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

  On the question "Shall the bill pass?" (S.F. 2339), the vote was:

  Ayes, 50:

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

  Nays, none.

  Absent or Not Voting, none.

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

  UNFINISHED BUSINESS
  (Deferred March 3, 1998)

  Senate File 2331

  The Senate resumed consideration of 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, deferred March 3,
  1998.
  Senator Angelo offered amendment S-5136 filed by Senators
  Angelo and Vilsack from the floor to page 1 of the bill and moved its
  adoption.

  Amendment S-5136 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. 2331), the vote was:

  Ayes, 50:

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

  Nays, none.

  Absent or Not Voting, none.	

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2254, 2307, 2339, and 2331 be immediately
  messaged to the House.

  The Senate stood at ease at 2:48 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 4:10 p.m., President Kramer
  presiding.
  BUSINESS PENDING

  Senate File 2037

  The Senate resumed consideration of Senate File 2037, a bill for an
  act relating to the Iowa state fair convention by providing for its
  membership and the election of members to the Iowa state fair board,
  previously deferred.

  Senator Connolly offered amendment S-5141 filed by him from the
  floor to pages 1, 2, and the title page of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question, "Shall amendment S-5141 be adopted?" (S.F. 2037),
  the vote was:

  Ayes, 7:

  Connolly	Flynn	Gronstal	Hammond
  Harper	Horn	Neuhauser	

  Nays, 43:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Dearden	Deluhery
  Douglas	Drake	Dvorsky	Fink
  Fraise	Freeman	Gaskill	Gettings
  Halvorson	Hansen	Hedge	Iverson
  Jensen	Judge	Kibbie	King
  Kramer	Lundby	Maddox	McCoy
  McKean	McKibben	McLaren	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Vilsack	Zieman	

  Absent or Not Voting, none.	

  Amendment S-5141 lost.

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

  On the question "Shall the bill pass?" (S.F. 2037), the vote was:
  Ayes, 50:

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

  Nays, none.

  Absent or Not Voting, none.	

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

  President pro tempore Redfern took the chair at 4:53 p.m.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2406.

  Senate File 2406

  On motion of Senator Kramer, Senate File 2406, 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, was taken up for consideration.

  President Kramer took the chair at 4:58 p.m.

  Senator Boettger offered amendment S-5143 filed by Senators
  Boettger, et al., from the floor to pages 2 and 7 of the bill and moved
  its adoption.
  Amendment S-5143 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. 2406), the vote was:

  Ayes, 50:

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

  Nays, none.

  Absent or Not Voting, none.	

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2037 and 2406 be immediately messaged to the
  House.

  INTRODUCTION OF BILL

  Senate File 2407, by committee on Ways and Means, a bill for an
  act relating to the extension of the reduced excise tax imposed on
  motor fuel containing ethanol.

  Read first time and placed on Ways and Means calendar.
  INTRODUCTION OF RESOLUTIONS

  Senate Concurrent Resolution 109, by Dearden, Dvorsky,
  Maddox, Fraise, Horn, McKean, and Angelo, a concurrent resolution
  to honor the memory of Jim Hancock.

  Read first time and referred to committee on Judiciary.

  Senate Concurrent Resolution 110, by Tinsman, Deluhery,
  Rife, and Rittmer, a concurrent resolution relating to the increased
  utilization of the Rock Island Arsenal.

  Read first time and referred to committee on State Government.
  APPENDIX

  CERTIFICATE OF RECOGNITION

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

  Barbara Grohe, Iowa City - For being named National Superintendent of the
  Year.
  Senator Dvorsky (3/4/98).

  REPORTS OF COMMITTEE MEETINGS

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  March 4, 1998, 1:08 p.m.

  Members Present:  Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member;
  Black,
  Borlaug, Deluhery, Freeman, Gaskill, Hedge, Judge, Rehberg, and Zieman.

  Members Absent:  Dearden, Dvorsky, and McKibben (all excused).

  Committee Business:  Presentations by Iowa Underground Storage Fund Program
  and Environmental Professionals of Iowa.

  Adjourned:  2:01 p.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

  Convened:  March 4, 1998, 1:10 p.m.

  Members Present:  Lundby, Chair; Rittmer, Vice Chair; Hansen, Ranking
  Member;
  Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink,
  and
  Schuerer.

  Members Absent:  None.

  Committee Business:  Subcommittee assignments.

  Adjourned:  1:25 p.m.

  COMMITTEE REPORT

  WAYS AND MEANS

  Final Bill Action:  SENATE FILE 2407 (SSB 2153), a bill for an act relating
  to the
  extension of the reduced excise tax imposed on motor fuel containing
  ethanol.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 12:  Douglas, McKibben, Borlaug, Connolly, Deluhery,
  Drake,
  Freeman, Hedge, Judge, Maddox, Redfern, and Szymoniak.  Nays, none.  Absent
  or not
  voting, 3:  Palmer, McLaren, and Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5140		S.F. 2284	H. Kay Hedge
  S-5141		S.F. 2037	Mike Connolly
  S-5142		S.F. 2383	Mary A. Lundby
  S-5143		S.F. 2406	Nancy Boettger
  Johnie Hammond
  Maggie Tinsman
  Jeff Angelo
  S-5144		S.F. 2281	O. Gene Maddox
  S-5145		S.F. 2398	Robert E. Dvorsky
  S-5146		S.F. 2346	Elaine Szymoniak
  Mary Neuhauser
  S-5147		S.F. 2398	Robert E. Dvorsky

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:29 p.m.,
  until 9:00 a.m., Thursday, March 5, 1998.
  572	JOURNAL OF THE SENATE	52nd Day
  52nd Day	WEDNESDAY, MARCH 4, 1998	573

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