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SIXTIETH CALENDAR DAY THIRTY-SIXTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, March 12, 1998 The Senate met in regular session at 9:13 a.m., President Kramer presiding. Prayer was offered by the Slade Family Singing Group of Dubuque, Iowa. The Journal of Wednesday, March 11, 1998, was approved. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 33 present, 17 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Deluhery for the day, on request of Senator Hansen; Senator McCoy until his arrival, on request of Senator Dearden; Senator Szymoniak until her arrival, on request of Senator Gronstal. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2377, 2384, and 2068. Senate File 2377 On motion of Senator Neuhauser, Senate File 2377, a bill for an act relating to the sixth judicial district pilot probation revocation project and providing for effective dates and for repeal of the pilot project provisions, was taken up for consideration. Senator Neuhauser 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. 2377), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Connolly Dearden Douglas Drake Dvorsky Fink Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 6: Borlaug Deluhery Flynn Judge McCoy Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2384 On motion of Senator Maddox, Senate File 2384, a bill for an act to provide for the assessment and payment of a thirty-five dollar installment payment fee for fines or court costs paid in installments under certain circumstances and providing for a contingent effective date, was taken up for consideration. Senator Maddox offered amendment S-5182, offered by him on March 11, 1998, to pages 2 and 3 of the bill, and moved its adoption. Amendment S-5182 was adopted by a voice vote. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2384), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink 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 Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Deluhery Flynn Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2068 On motion of Senator Lundby, Senate File 2068, a bill for an act concerning the method by which cities pay the medical costs incurred by members of the police and fire departments of cities who are injured while on duty, with report of committee recommending amendment and passage, was taken up for consideration. Senator Lundby offered amendment S-5070, filed by the committee on State Government on February 26, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5070 was adopted by a voice vote. 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. 2068), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink 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 Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Deluhery Flynn Redfern Szymoniak 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 2377, 2384, and 2068 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 2369 and 2320. Senate File 2369 On motion of Senator McKibben, Senate File 2369, a bill for an act adding an offense for operating while intoxicated for persons driving a motor vehicle after taking certain controlled substances, making penalties applicable, and making related changes, was taken up for consideration. Senator McKibben asked and received unanimous consent that action on Senate File 2369 be deferred. Senate File 2320 On motion of Senator Rife, Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, was taken up for consideration. Senator Hedge took the chair at 9:54 a.m. Senator McKean offered amendment S-5195, filed by him on March 11, 1998, to pages 1-3 of the bill. President Kramer took the chair at 10:02 a.m. President pro tempore Redfern took the chair at 10:17 a.m. Senator McKean moved the adoption of amendment S-5195. A record roll call was requested. On the question "Shall amendment S-5195 be adopted?" (S.F. 2320), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 27: Bartz Behn Black Boettger Douglas Dvorsky Fink Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Jensen King McKean McKibben Neuhauser Redfern Redwine Rehberg Vilsack Zieman Nays, 21: Angelo Borlaug Connolly Dearden Drake Horn Iverson Judge Kibbie Kramer Lundby Maddox McCoy McLaren Palmer Rensink Rife Rittmer Schuerer Szymoniak Tinsman Absent or not voting, 2: Deluhery Flynn Amendment S-5195 was adopted. Senator Rife asked and received unanimous consent that action on Senate File 2320 be deferred. President Kramer took the chair at 10:33 a.m. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2353. Senate File 2353 On motion of Senator Tinsman, Senate File 2353, a bill for an act relating to an allocation of state aid for purposes of school-based youth services programs, was taken up for consideration. Senator Tinsman offered amendment S-5196 filed by her on March 11, 1998, to page 1 of the bill and moved its adoption. Amendment S-5196 was adopted by a voice vote. 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. 2353), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Dearden Douglas Drake Dvorsky Fink 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. Present, 1: Connolly Absent or not voting, 2: Deluhery Flynn 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 2376. Senate File 2376 On motion of Senator Lundby, Senate File 2376, a bill for an act relating to the operation of the lottery and providing for multijurisdictional agreements, was taken up for consideration. Senator Hansen asked and received unanimous consent that action on Senate File 2376 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 10:43 a.m., until 2:00 p.m. APPENDIX SUBCOMMITTEE ASSIGNMENTS House File 2339 NATURAL RESOURCES AND ENVIRONMENT: Borlaug, Chair; Angelo and Fink House File 2490 NATURAL RESOURCES AND ENVIRONMENT: Borlaug, Chair; Angelo and Fink AMENDMENTS FILED S-5231 S.F. 2320 Rod Halvorson S-5232 S.F. 2320 Rod Halvorson S-5233 S.F. 2320 Andy McKean S-5234 S.F. 2281 O. Gene Maddox S-5235 S.F. 2369 Tom Vilsack S-5236 S.F. 2345 Neal Schuerer AFTERNOON SESSION The Senate reconvened at 2:01 p.m., Senator Hedge presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 37 present, 13 absent, and a quorum present. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Joint Resolution 2004. House Joint Resolution 2004 On motion of Senator Drake, House Joint Resolution 2004, a joint resolution designating by name an official highest elevation in the State of Iowa, with report of committee recommending passage, was taken up for consideration. Senator Drake moved that the joint resolution 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 resolution be adopted?" (H.J.R. 2004), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Lundby McCoy McKean Neuhauser Palmer Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Rife Absent or not voting, 7: Deluhery Flynn Kramer Maddox McKibben McLaren Rittmer The resolution having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2345 and 2268. Senate File 2345 On motion of Senator Schuerer, Senate File 2345, a bill for an act relating to juvenile justice system provisions involving foster care, termination of parental rights, and adoption preplacement investigations, was taken up for consideration. Senator Schuerer offered amendment S-5236, filed by him from the floor to pages 1, 2, 4, 5, and 7 of the bill, and moved its adoption. Amendment S-5236 was adopted by a voice vote. 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. 2345), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Lundby McCoy McKean Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 6: Deluhery Flynn Kramer Maddox McKibben McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2268 On motion of Senator Angelo, Senate File 2268, a bill for an act relating to rural water services by authorizing rural water districts to enter into agreements with other governmental entities to provide for the ownership, acquisition, construction, and equipping of sewer systems, and authorizing the issuance of revenue obligations to finance the projects and providing procedures for detaching property from one district and attaching it to another district, 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. 2268), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Lundby Maddox McCoy McKean Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 6: Deluhery Flynn Kramer McKibben McLaren Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Joint Resolution 2004 and Senate Files 2345 and 2268 be immediately messaged to the House. BUSINESS PENDING Senate File 2376 The Senate resumed consideration of Senate File 2376, a bill for an act relating to the operation of the lottery and providing for multijurisdictional agreements, previously deferred. Senator Hansen offered amendment S-5237, filed by him from the floor to page 1 of the bill. Senator Vilsack asked and received unanimous consent that action on amendment S-5237 and Senate File 2376 be deferred. The Senate stood at ease until the fall of the gavel. The Senate resumed session at 2:55 p.m., President Kramer presiding. BUSINESS PENDING Senate File 2320 The Senate resumed consideration of Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, previously deferred. Senator Gronstal filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5195 to S.F.2320 was adopted by the Senate on March 12, 1998. A record roll call was requested. On the question "Shall the motion to reconsider amendment S-5195 be adopted?" (S.F. 2320), the vote was: Ayes, 31: Angelo Behn Borlaug Connolly Dearden Fink Fraise Freeman Gaskill Gettings Gronstal Hansen Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKibben McLaren Palmer Rehberg Rensink Rife Rittmer Schuerer Tinsman Nays, 15: Bartz Black Boettger Drake Dvorsky Halvorson Hammond Harper Hedge McKean Neuhauser Redfern Redwine Szymoniak Zieman Absent or not voting, 4: Deluhery Douglas Flynn Vilsack The motion prevailed and amendment S-5195, by Senator McKean to pages 1-3 of the bill, was taken up for reconsideration. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack until his arrival, on request of Senator Hansen. BUSINESS PENDING Senate File 2320 The Senate resumed consideration of Senate File 2320 and amendment S-5195. Senator McKean moved the adoption of amendment S-5195 and requested a record roll call. On the question "Shall amendment S-5195 be adopted?" (S.F. 2320), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 17: Bartz Black Boettger Dvorsky Freeman Halvorson Hammond Hansen Harper Hedge King McKean Neuhauser Redfern Redwine Szymoniak Zieman Nays, 29: Angelo Behn Borlaug Connolly Dearden Drake Fink Fraise Gaskill Gettings Gronstal Horn Iverson Jensen Judge Kibbie Kramer Lundby Maddox McCoy McKibben McLaren Palmer Rehberg Rensink Rife Rittmer Schuerer Tinsman Absent or not voting, 4: Deluhery Douglas Flynn Vilsack Amendment S-5195 lost. Senator Halvorson offered amendment S-5232, filed by him from the floor to pages 1, 2, and the title page of the bill. Senator Rife raised the point of order that amendment S-5232 was not germane to the bill. The Chair ruled the point well taken and amendment S-5232 out of order. Senator McKean offered amendment S-5233, filed by him from the floor to page 1 and the title page of the bill and moved its adoption. Senator Rife raised the point of order that amendment S-5233 was not germane to the bill. The Chair ruled the point well taken and amendment S-5233 out of order. Senator Halvorson offered amendment S-5231 filed by him from the floor to page 2 and the title page of the bill. Senator Rife raised the point of order that amendment S-5231 was not germane to the bill. The Chair ruled the point well taken and amendment S-5231 out of order. Senator Rife moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2320), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Drake Dvorsky Fink 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 Zieman Nays, none. Absent or not voting, 4: Deluhery Douglas Flynn Vilsack 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 2368. Senate File 2368 On motion of Senator Schuerer, Senate File 2368, a bill for an act relating to the management of public rights-of-way by local government units, eliminating the power of cities to grant franchises to erect, maintain, and operate plants and systems for telecommunications services within the city, and providing an effective date, was taken up for consideration. Senator Schuerer offered amendment S-5199, filed by Senators Schuerer, King, and Gronstal on March 11, 1998, striking everything after the enacting clause of the bill, and moved its adoption. Amendment S-5199 was adopted by a voice vote. 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. 2368), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Fraise Freeman Gaskill 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 Zieman Nays, none. Absent or not voting, 4: Deluhery Flynn Gettings Vilsack 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 2368 and 2353 be immediately messaged to the House. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Dvorsky, Fraise, and Gettings for the remainder of the day, on request of Senator Gronstal. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2405 and 2281. Senate File 2405 On motion of Senator Rife, Senate File 2405, a bill for an act providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by a county, city, and school district, was taken up for consideration. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lundby for the remainder of the day, on request of Senator Iverson. BUSINESS PENDING Senate File 2405 The Senate resumed consideration of Senate File 2405. Senator Rife moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2405), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Fink Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 7: Deluhery Dvorsky Flynn Fraise Gettings Lundby Vilsack 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 2281. Senate File 2281 On motion of Senator Maddox, Senate File 2281, a bill for an act relating to compensation for the legal defense of indigent persons in criminal, appellate, and certain civil cases, was taken up for consideration. Senator Maddox asked and received unanimous consent to withdraw amendment S-5225 filed by him on March 11, 1998, to pages 1-3, 5, 6, and 9-13 of the bill. Senator Maddox offered amendment S-5234 filed by him from the floor to pages 1-3, 5, 6, and 9-13 of the bill and moved its adoption. Amendment S-5234 was adopted by a voice vote. Senator Maddox asked and received unanimous consent to withdraw amendment S-5144 filed by him on March 4, 1998, to pages 2, 3, 6, and 9-11 of the bill. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2281), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Fink Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 7: Deluhery Dvorsky Flynn Fraise Gettings Lundby Vilsack 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 2405 and 2281 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 2269, 2394, and 2112. Senate File 2269 On motion of Senator Tinsman, Senate File 2269, a bill for an act providing for the conversion of the existing advisory boards for athletic training and massage therapy into full regulatory examining boards, 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. 2269), the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Fink Freeman Gaskill Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 1: Palmer Absent or not voting, 8: Deluhery Dvorsky Flynn Fraise Gettings Gronstal Lundby Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2394 On motion of Senator Drake, Senate File 2394, a bill for an act to provide for the appointment of a vice chairperson for the board of parole and providing an effective date, 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. 2394), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Gronstal Hedge Horn Iverson Jensen King Kramer Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 15: Black Connolly Dearden Fink Halvorson Hammond Hansen Harper Judge Kibbie McCoy Neuhauser Palmer Rife Szymoniak Absent or not voting, 8: Deluhery Dvorsky Flynn Fraise Gettings Lundby McKean Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2112 On motion of Senator Behn, Senate File 2112, a bill for an act concerning the sunset provision relating to the employment security administrative contribution surcharge and providing an effective date, 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. 2112), the vote was: Ayes, 33: Angelo Bartz Behn Black Boettger Connolly Dearden Douglas Drake Fink Freeman Gaskill Harper Hedge Horn Iverson Jensen Judge King Kramer Maddox McCoy McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Szymoniak Tinsman Zieman Nays, 9: Borlaug Gronstal Halvorson Hammond Hansen Kibbie Neuhauser Palmer Schuerer Absent or not voting, 8: Deluhery Dvorsky Flynn Fraise Gettings Lundby McKibben Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. MOTIONS TO RECONSIDER WITHDRAWN Senate File 2320 Senator Bartz withdrew the following motion to reconsider filed by him from the floor: MADAM PRESIDENT: I move to reconsider the vote by which S.F.2320 passed the Senate on March 12, 1998. Senator Rife withdrew the following motion to reconsider filed by him from the floor: MADAM PRESIDENT: I move to reconsider the vote by which S.F.2320 passed the Senate on March 12, 1998. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2320 and 2112 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2404. Senate File 2404 On motion of Senator Rensink, Senate File 2404, a bill for an act relating to cooperatives organized under Code chapter 501, was taken up for consideration. Senator Hedge offered amendment S-5178, filed by Senators Hedge and Kibbie on March 11, 1998, to page 4 of the bill and moved its adoption. Amendment S-5178 was adopted by a voice vote. Senator Rensink 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. 2404), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake Fink Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 7: Deluhery Dvorsky Flynn Fraise Gettings Lundby Vilsack 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 Connolly for the remainder of the day, on request of Senator Gronstal. UNFINISHED BUSINESS (Deferred March 11, 1998) Senate File 2356 The Senate resumed consideration of Senate File 2356, a bill for an act relating to revolving funds to be administered by the department of general services and providing for funding for the revolving funds, deferred March 11, 1998. Senator Neuhauser offered amendment S-5215 filed by her on March 11, 1998, to pages 1 and 2 of the bill and moved its adoption. Amendment S-5215 was adopted by a voice vote. Senator Neuhauser 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. 2356), the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Borlaug Dearden Douglas Drake Fink Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 1: Judge Absent or not voting, 8: Connolly Deluhery Dvorsky Flynn Fraise Gettings Lundby Vilsack 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 Hammond for the remainder of the day, on request of Senator Fink. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2356 and 2404 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 2399. Senate File 2399 On motion of Senator Redfern, Senate File 2399, a bill for an act providing for the merger of a limited partnership with other business entities, was taken up for consideration. Senator Redfern 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. 2399), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Borlaug Dearden Douglas Drake Fink Freeman Gaskill Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 8: Connolly Deluhery Dvorsky Flynn Fraise Gettings Hammond Lundby 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 2399 and 2269 be immediately messaged to the House. BUSINESS PENDING Senate File 2369 The Senate resumed consideration of Senate File 236, a bill for an act adding an offense for operating while intoxicated for persons driving a motor vehicle after taking certain controlled substances, making penalties applicable, and making related changes, previously deferred. Senator McKibben offered amendment S-5176, filed by him on March 10, 1998, to pages 1-5 of the bill and moved its adoption. Amendment S-5176 was adopted by a voice vote. Senator Vilsack offered amendment S-5235, filed by him from the floor to page 9 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5235 be adopted?" (S.F. 2369), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 15: Black Dearden Fink Gronstal Halvorson Hansen Harper Horn Judge Kibbie McCoy 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, 8: Connolly Deluhery Dvorsky Flynn Fraise Gettings Hammond Lundby Amendment S-5235 lost. 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. 2369), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Borlaug Dearden Douglas Drake Fink Freeman Gaskill Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 8: Connolly Deluhery Dvorsky Flynn Fraise Gettings Hammond Lundby 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 2369 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 12, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2275, a bill for an act relating to health care providers including the application of records checks to additional providers and the recording and availability of the records of the facility inspections and providing for a repeal. Read first time and referred to committee on Human Resources. House File 2502, a bill for an act relating to the statewide notification center and providing for alternative staff and the information requirements associated with the notice of an excavation. Read first time and referred to committee on Commerce. House File 2512, a bill for an act to provide a penalty for the theft or redemption of stolen lottery tickets. Read first time and referred to committee on Judiciary. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 12, 1998, 10:46 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Angelo, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Members Absent: Judge, Ranking Member; and Bartz (both excused). Committee Business: Subcommittee assignments. Adjourned: 10:50 a.m. APPROPRIATIONS Convened: March 12, 1998, 11:10 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Members Absent: Flynn, Ranking Member (excused). Committee Business: Passed SF 2332, HF 2468, and HF 2499. Adjourned: 12:16 p.m. JUDICIARY Convened: March 12, 1998, 1:35 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, and Tinsman. Members Absent: Boettger, McKibben, and Redfern (all excused). Committee Business: Subcommittee assignments. Passed SCR 109, HF 2262, and HF 2336. Adjourned: 1:54 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 12, 1998, 12:32 p.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; Black, Dearden, Dvorsky, Freeman, Gaskill, Hedge, Judge, Rehberg, and Zieman. Members Absent: Borlaug, Deluhery, and McKibben (all excused). Committee Business: Passed HF 2290. Adjourned: 12:38 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: March 12, 1998, 1:14 p.m. Members Present: Lundby, Chair; Rittmer, Vice Chair; Hansen, Ranking Member; Douglas, King, McCoy, Palmer, Redwine, and Schuerer. Members Absent: Boettger, Flynn, Hammond, and Rensink (all excused). Committee Business: Passed HF 2164. Adjourned: 1:20 p.m. PETITION The following petition was presented and placed on file by: Senator Bartz, from ninety-nine residents of five counties, favoring legislation to place tobacco products behind a counter. EXPLANATIONS OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 12, 1998, when the vote was taken on Senate File 2377. Had I been present, I would have voted "aye." PATTY JUDGE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 12, 1998, when the votes were taken on House Joint Resolution 2004, Senate Files 2345 and 2268. Had I been present, I would have voted "aye." LARRY MCKIBBEN MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 12, 1998, when the vote was taken on House Joint Resolution 2004. Had I been present, I would have voted "aye." SHELDON RITTMER REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing the Senate File 2281 and amendment S-5234 to Senate File 2281, the following correction was made: 1. Page 5, line 19, of amendment S-5234, " paragraph "c" " was corrected to " paragraph "c", ". MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing the Senate File 2353 and amendment S-5196 to Senate File 2353, the following correction was made: 1. Page 1, line 4, of amendment S-5196, " 1997, " was corrected to " 1997 ". MARY PAT GUNDERSON SECRETARY OF THE SENATE MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2394 passed the Senate on March 12, 1998. RICHARD F. DRAKE MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2394 passed the Senate on March 12, 1998. MICHAEL E. GRONSTAL SUBCOMMITTEE ASSIGNMENTS House File 382 JUDICIARY: McKibben, Chair; Angelo and Hammond House File 2251 STATE GOVERNMENT: King, Chair; Borlaug and Halvorson House File 2370 STATE GOVERNMENT: Lundby, Chair; McLaren and Szymoniak House File 2394 TRANSPORTATION: McKean, Chair; Halvorson and McKibben House File 2400 JUDICIARY: King, Chair; Neuhauser and Redfern House File 2402 JUDICIARY: Halvorson, Chair; Maddox and McKibben House File 2412 TRANSPORTATION: Fraise, Chair; Douglas and Freeman House File 2424 LOCAL GOVERNMENT: Boettger, Chair; Angelo and Dearden House File 2474 COMMERCE: King, Chair; Deluhery and Douglas House File 2487 JUDICIARY: Angelo, Chair; Hansen and King COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 2332 (SSB 2137), a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. Recommendation: DO PASS. Final Vote: Ayes, 24: McLaren, Kramer, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Nays, none. Absent or not voting, 1: Flynn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2468, a bill for an act establishing an electronic benefits transfer program in the department of human services. Recommendation: DO PASS. Final Vote: Ayes, 17: McLaren, Kramer, Behn, Black, Borlaug, Douglas, Freeman, Harper, Hedge, Horn, Jensen, Maddox, McCoy, Rehberg, Rensink, Rittmer, and Vilsack. Nays, 5: Dvorsky, Halvorson, Hammond, Neuhauser, and Tinsman. Absent or not voting, 3: Flynn, Lundby, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2499, a bill for an act relating to and making transportation and other infrastructure-related appropriations to the state department of transportation and other state agencies, including allocation and use of moneys from the general fund of the state, road use tax fund, primary road fund, and the motorcycle rider education fund, providing for the nonreversion of certain moneys, and making statutory changes relating to appropriations. Recommendation: DO PASS. Final Vote: Ayes, 23: McLaren, Kramer, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Nays, 1: Maddox. Absent or not voting, 1: Flynn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE CONCURRENT RESOLUTION 109, a concurrent resolution to honor the memory of Jim Hancock. Recommendation: DO PASS. Final Vote: Ayes, 12: McKean, Maddox, Neuhauser, Angelo, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, and Tinsman. Nays, none. Absent or not voting, 3: Boettger, McKibben, and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2262, a bill for an act to permit out-of-state peace officers to act within this state pursuant to agreements between state or local authorities. Recommendation: DO PASS. Final Vote: Ayes, 10: McKean, Maddox, Neuhauser, Angelo, Halvorson, Hammond, Hansen, Harper, King, and Tinsman. Nays, none. Absent or not voting, 5: Boettger, Drake, Fraise, McKibben, and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 12: McKean, Maddox, Neuhauser, Angelo, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, and Tinsman. Nays, none. Absent or not voting, 3: Boettger, McKibben, and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 2290, a bill for an act relating to the civil damages and penalties for the illegal taking of antlered deer. Recommendation: DO PASS. Final Vote: Ayes, 12: Bartz, Angelo, Fink, Black, Dearden, Dvorsky, Freeman, Gaskill, Hedge, Judge, Rehberg, and Zieman. Nays, none. Absent or not voting, 3: Borlaug, Deluhery, and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Final Bill Action: HOUSE FILE 2164, a bill for an act relating to local community and economic development planning assistance and the community builder program. Recommendation: DO PASS. Final Vote: Ayes, 9: Lundby, Rittmer, Hansen, Douglas, King, McCoy, Palmer, Redwine, and Schuerer. Nays, none. Absent or not voting, 4: Boettger, Flynn, Hammond, and Rensink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5237 S.F. 2376 Steven D. Hansen S-5238 S.F. 2332 Don Gettings Patty Judge Wilmer Rensink S-5239 S.F. 2311 O. Gene Maddox S-5240 S.F. 2363 Steve King S-5241 S.F. 2360 Robert E. Dvorsky O. Gene Maddox S-5242 S.F. 2280 Nancy Boettger Mary Neuhauser S-5243 S.F. 2382 Steve King S-5244 S.F. 2376 Tom Vilsack S-5245 S.F. 2382 Steve King ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:00 p.m., until 1:00 p.m., Monday, March 16, 1998. 704 JOURNAL OF THE SENATE 60th Day 60th Day THURSDAY, MARCH 12, 1998 705
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