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FIFTY-THIRD CALENDAR DAY THIRTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, March 5, 1998 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by Pastor Duane Queen of Lakeside Presbyterian Church, Storm Lake, Iowa. The Journal of Wednesday, March 4, 1998, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Bartz and Judge until their arrival, on request of Senator Iverson; Senator Deluhery until his arrival, on request of Senator Gronstal; and 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 2160, 2397, 2088, 2198, and 2372. Senate File 2160 On motion of Senator Borlaug, Senate File 2160, a bill for an act establishing a state protocol officer, with report of committee recommending passage, was taken up for consideration. 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. 2160), the vote was: Ayes, 45: Angelo 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 Kibbie Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Bartz Judge King Lundby Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2397 On motion of Senator Gronstal, Senate File 2397, a bill for an act relating to the operation and regulation of certain insurance companies, miscellaneous provisions relating to small group health care coverage, and the elimination of countersigning resident agent provisions, was taken up for consideration. Senator Gronstal offered amendment S-5121 filed by him on March 3, 1998, to pages 4, 5, and the title page of the bill and moved its adoption. Amendment S-5121 was adopted by a voice vote. Senator Gronstal moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2397), the vote was: Ayes, 45: Angelo 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 Kibbie Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Bartz Judge King Lundby Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title, as amended, was agreed to. Senate File 2088 On motion of Senator Black, Senate File 2088, a bill for an act supporting drainage districts, by extending the period when certain contracts must be let, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Black 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. 2088), the vote was: Ayes, 48: Angelo 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 Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Bartz Judge The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2198 On motion of Senator Borlaug, Senate File 2198, a bill for an act relating to the development of protocol to be used for international visitors, with report of committee recommending passage, was taken up for consideration. 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. 2198), the vote was: Ayes, 48: Angelo 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 Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Bartz Judge The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2372 On motion of Senator Gaskill, Senate File 2372, a bill for an act relating to the standard uniforms of sheriffs and deputy sheriffs, was taken up for consideration. Senator Boettger offered amendment S-5150 filed by her from the floor, to page 1 of the bill. Senator Boettger asked and received unanimous consent to withdraw amendment S-5150. Senator Gaskill 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. 2372), the vote was: Ayes, 48: Angelo 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 Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Bartz Judge 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 2160, 2397, 2088, 2198 and 2372 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 10:31 a.m., until 1:00 p.m. APPENDIX REPORT OF COMMITTEE MEETING JUDICIARY Convened: March 5, 1998, 10:33 a.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Members Absent: None. Committee Business: Bill assignments. Adjourned: 10:34 a.m. PRESENTATION OF VISITORS Senators Black and Schuerer welcomed the following visitors who were present in the Senate gallery: 4-H members from Benton, Iowa, Poweshiek, and Tama Counties. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 5, 1998, when the votes were taken on Senate Files 2160 and 2397. Had I been present, I would have voted "aye." SHELDON RITTMER SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 109 JUDICIARY: Maddox, Chair; McKean and Neuhauser House File 530 HUMAN RESOURCES: Redwine, Chair; Boettger and Szymoniak House File 2262 JUDICIARY: King, Chair; Hansen and Maddox House File 2336 JUDICIARY: Angelo, Chair; Drake and Fraise COMMITTEE REPORT STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 110, a concurrent resolution relating to the increased utilization of the Rock Island Arsenal. Recommendation: DO PASS. Final Vote: Ayes, 15: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5148 S.F. 2398 Jeff Angelo S-5149 S.F. 2398 Jeff Angelo S-5150 S.F. 2372 Nancy Boettger S-5151 S.F. 2330 Andy McKean AFTERNOON SESSION The Senate reconvened at 1:08 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Hedge requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Palmer until his arrival, on request of Senator Halvorson. ADOPTION OF RESOLUTION Senator Hedge asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 110. Senate Concurrent Resolution 110 On motion of Senator Tinsman, Senate Concurrent Resolution 110, a concurrent resolution relating to the increased utilization of the Rock Island Arsenal, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved the adoption of the resolution, which motion prevailed by a voice vote. 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 5, 1998, passed the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 2003, a joint resolution to approve the request by the state public defender to establish the Fort Dodge satellite public defender office as a separate public defender. Read first time and referred to committee on Judiciary. ALSO: That the House has on March 5, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2189, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. Read first time and passed on file. House File 2271, a bill for an act relating to obsolete and unnecessary provisions of the Code. Read first time and referred to committee on State Government. House File 2290, a bill for an act relating to the civil damages and penalties for the illegal taking of antlered deer. Read first time and referred to committee on Natural Resources and Environment. House File 2292, a bill for an act relating to permits for aquifer storage and recovery and making penalties applicable. Read first time and referred to committee on Natural Resources and Environment. House File 2403, a bill for an act relating to public retirement systems, concerning the public safety peace officers' retirement, accident, and disability system, the statewide fire and police retirement system, and the judicial retirement system, and providing an effective date. Read first time and referred to committee on Judiciary. House File 2454, a bill for an act relating to motor vehicle operator proof of financial responsibility and providing an effective date and for retroactive applicability. Read first time and referred to committee on Commerce. House File 2468, a bill for an act establishing an electronic benefits transfer program in the department of human services. Read first time and passed on file. House File 2469, a bill for an act relating to a reinsurer's liability. Read first time and referred to committee on Commerce. House File 2471, a bill for an act concerning the number of supreme court justices and court of appeals judges, and including a contingent effective date. Read first time and referred to committee on Judiciary. House File 2476, a bill for an act providing for connection to the Iowa communications network by the quad cities graduate center. Read first time and referred to committee on Commerce. House File 2488, a bill for an act providing for cochairpersons of the administrative rules review committee. Read first time and referred to committee on State Government. House File 2493, a bill for an act concerning nonsubstantive gender-related provisions in the Code. Read first time and referred to committee on State Government. ALSO: That the House has on March 4, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date. SIMILAR BILLS RECEIVED On March 5, 1998 , House File 2189 was received and attached to similar Senate File 2242 on the Senate calendar and House File 2468 was received and attached to similar Senate File 2282 on the Senate calendar. CONSIDERATION OF BILLS (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate File 2324. Senate File 2324 On motion of Senator Black, Senate File 2324, a bill for an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices, was taken up for consideration. Senator Black 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. 2324), 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 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: Judge 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 File 2398. Senate File 2398 On motion of Senator Angelo, Senate File 2398, a bill for an act relating to the confinement and treatment of sex offenders, was taken up for consideration. Senator Dvorsky offered amendment S-5147, filed by him from the floor on March 4, 1998, to page 1 of the bill, moved its adoption, and requested a record roll call. Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rife Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, none. Amendment S-5147 lost. Senator Angelo offered amendment S-5130, filed by him on March 3, 1998, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5130 was adopted by a voice vote. Senator Angelo offered amendment S-5149, filed by him from the floor, to pages 2-4 of the bill and moved its adoption. Amendment S-5149 was adopted by a voice vote. Senator Angelo offered amendment S-5148 filed by him from the floor to pages 2 and 3 of the bill and moved its adoption. Amendment S-5148 was adopted by a voice vote. Senator Angelo offered amendment S-5154 filed by Senators Angelo and McKean from the floor to page 4 of the bill and moved its adoption. Amendment S-5154 was adopted by a voice vote. Senator Dvorsky offered amendment S-5145 filed by him on March 4, 1998, to page 4 of the bill and moved its adoption. Amendment S-5145 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. 2398), 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 2324 and 2398 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2292. Senate File 2292 On motion of Senator Angelo, Senate File 2292, a bill for an act relating to the sex offender registry and providing for the Act's applicability, was taken up for consideration. Senator Angelo offered amendment S-5055, filed by him on February 23, 1998, to pages 8 and 9 of the bill, and moved its adoption. Amendment S-5055 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. 2292), the vote was: Ayes, 49: 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 McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Dvorsky The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dvorsky for the remainder of the day, on request of Senator Black. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2292 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 2315 and 2340. Senate File 2315 On motion of Senator Gaskill, Senate File 2315, a bill for an act eliminating a report of land acquisitions and exchanges by a county conservation board, was taken up for consideration. Senator Gaskill 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. 2315), the vote was: Ayes, 49: 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 McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Dvorsky The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2340 On motion of Senator Angelo, Senate File 2340, a bill for an act relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council, 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. 2340), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly 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, 2: Dearden McCoy Absent or not voting, 1: Dvorsky 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 2315 and 2340 be immediately messaged to the House. The Senate stood at ease at 3:12 p.m. for the purpose of party caucuses. The Senate resumed session at 4:14 p.m., Senator Lundby presiding. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: March 5, 1998, 11:30 a.m. Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Freeman, Hammond, Harper, Hedge, Horn, Jensen, Lundby, McCoy, Neuhauser, Rehberg, Rife, Rittmer, and Tinsman. Members Absent: Kramer, Vice Chair; Dvorsky, Halvorson, Maddox, Rensink, and Vilsack (all excused). Committee Business: Passed HF 2218. Adjourned: 11:34 a.m. HUMAN RESOURCES Convened: March 5, 1998, 8:05 a.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Behn, Dearden, Dvorsky, Hammond, Harper, Rensink, Schuerer, Tinsman, and Zieman. Members Absent: Bartz (excused). Committee Business: Bill assignment. Discussion of SF 2333. Adjourned: 9:00 a.m. EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 5, 1998, when the vote was taken Senate Files 2088, 2160, 2198, 2324, 2372, and 2397. Had I been present, I would have voted "aye." PATTY JUDGE EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 5, 1998, when the vote was taken Senate Files 2088, 2160, 2198, 2372, and 2397. Had I been present, I would have voted "aye." MERLIN E. BARTZ EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 2, 1998. Had I been present, I would have voted as follows on amendments to Senate File 2366: "Nay" on amendments S-5076, S-5082, S-5085, S-5092, S-5093, and S-5097. "Aye" on amendments S-5084 and S-5098. MERLIN E. BARTZ SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 110 STATE GOVERNMENT: Tinsman, Chair; Deluhery, Rife, and Rittmer House Concurrent Resolution 113 STATE GOVERNMENT: Tinsman, Chair; Deluhery, Rife, and Rittmer COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 2218, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Recommendation: DO PASS. Final Vote: Ayes, 19: McLaren, Flynn, Behn, Black, Borlaug, Douglas, Freeman, Hammond, Harper, Hedge, Horn, Jensen, Lundby, McCoy, Neuhauser, Rehberg, Rife, Rittmer, and Tinsman. Nays, none. Absent or not voting, 6: Kramer, Dvorsky, Halvorson, Maddox, Rensink, and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5152 H.F. 2340 Mary A. Lundby S-5153 S.F. 2333 Steven D. Hansen S-5154 S.F. 2398 Jeff Angelo Andy McKean S-5155 S.F. 2201 Kitty Rehberg ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:15 p.m., until 1:00 p.m., Monday, March 9, 1998. 592 JOURNAL OF THE SENATE 53rd Day 53rd Day THURSDAY, MARCH 5, 1998 593
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