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SIXTY-FOURTH CALENDAR DAY THIRTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 16, 1998 The Senate met in regular session at 1:14 p.m., President pro tempore Redfern presiding. Prayer was offered by Rabbi Fink of the Synagogue Temple B'Nai Jeshurun, Des Moines, Iowa. The Journal of Thursday, March 12, 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 12, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date. Read first time and referred to committee on Agriculture. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Lundby until her arrival, on request of Senator Angelo; Senator Rittmer for today and Tuesday, March 17, 1998, on request of Senator Iverson. PRESENTATION OF VISITORS The Chair welcomed at the request of Senator Palmer, fifty 5th grade students from Centennial Elementary School, Altoona, Iowa, accompanied by Chris Hennigan and Jami Aldrich, who were present in the balcony. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Szymoniak and Fraise until they arrive, on request of Senator Gronstal. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2144, 2317, and 2274. Senate File 2144 On motion of Senator Angelo, Senate File 2144, a bill for an act relating to elections to change the boundaries of director districts after dissolution of a school district, was taken up for consideration. Senator Angelo offered amendment S-5218, filed by him on March 11, 1998, striking everything after the enacting clause and to the title page of the bill, and moved its adoption. Amendment S-5218 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. 2144), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gaskill Gettings 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 Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Fraise Lundby Rittmer Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. President Kramer took the chair at 1:34 p.m. Senate File 2317 On motion of Senator McKibben, Senate File 2317, a bill for an act relating to compensation by manufacturers or distributors for warranty work on vessels and providing a remedy, was taken up for consideration. Senator Vilsack asked and received unanimous consent that action on Senate File 2317 be deferred. Senate File 2274 On motion of Senator Angelo, Senate File 2274, a bill for an act relating to certain funds paid to or administered by the department of corrections, by making changes to procedures for the charging of payments for goods and services of Iowa prison industries, providing for the nonreversion of revolving farm fund balance investment proceeds, and making changes relating to the distribution and accounting for inmate earnings from private employers, was taken up for consideration. Senator Angelo offered amendment S-5131, filed by him on March 3, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5131 was adopted by a voice vote. Senator Angelo offered amendment S-5114, filed by him on March 3, 1998, to pages 2 and 3 of the bill, and moved its adoption. Amendment S-5114 was adopted by a voice vote. Senator Angelo asked and received unanimous consent to withdraw amendment S-5058, filed by him on February 24, 1998, to page 3 of the bill. 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. 2274), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gaskill Gettings 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 Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Fraise Lundby Rittmer Szymoniak 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 2400, 2325, and 2332. Senate File 2400 On motion of Senator Bartz, Senate File 2400, a bill for an act relating to the powers and duties of county treasurers and including an applicability date provision, was taken up for consideration. Senator Fraise offered amendment S-5162 filed by him on March 10, 1998, to pages 6 and 8 of the bill, and moved its adoption. Amendment S-5162 was adopted by a voice vote. Senator Bartz 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. 2400), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gettings 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 Schuerer Tinsman Vilsack Zieman Nays, 1: Fink Absent or not voting, 3: Lundby Rittmer Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2325 On motion of Senator Deluhery, Senate File 2325, a bill for an act amending the Uniform Securities Act, by regulating persons involved in managing investments, providing for the administration of the securities bureau, providing fees, and providing for penalties, was taken up for consideration. Senator Deluhery moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2325), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2332 On motion of Senator Gettings, Senate File 2332, 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, with report of committee on Appropriations recommending passage, was taken up for consideration. Senator Gettings offered amendment S-5238, filed by Senators Gettings, Judge, and Rensink on March 12, 1998, to pages 1-4, 6-10, and 12-14 of the bill, and moved its adoption. Amendment S-5238 was adopted by a voice vote. Senator Gettings 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. 2332), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Rittmer 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 2274, 2400, 2325, and 2332 be immediately messaged to the House. BUSINESS PENDING Senate File 2317 The Senate resumed consideration of Senate File 2317, a bill for an act relating to compensation by manufacturers or distributors for warranty work on vessels and providing a remedy, previously deferred. 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. 2317), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Rittmer The bill 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 2311, 2200, and 2284. Senate File 2311 On motion of Senator Maddox, Senate File 2311, a bill for an act relating to partnerships by replacing the existing law with a uniform partnership law and providing an effective date, was taken up for consideration. Senator Maddox offered amendment S-5224, filed by him on March 11, 1998, to pages 2, 16, 23, 24, 27, 28, 31, 43-46, 48, and the title page of the bill, and moved its adoption. Amendment S-5224 was adopted by a voice vote. With the adoption of amendment S-5224, the Chair ruled amendment S-5239, filed by Senator Maddox on March 12, 1998, to pages 2, 16, 23, 24, 27, 28, 31, 43-46, 48, and the title page of the bill, out of order. 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. 2311), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: 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 2200 On motion of Senator Angelo, Senate File 2200, a bill for an act relating to the expenses, powers, and duties of county agricultural extension councils, with report of committee recommending passage, 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. 2200), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred March 10, 1998) Senate File 2284 The Senate resumed consideration of Senate File 2284, a bill for an act relating to rural improvement zones, deferred March 10, 1998. Senator Douglas called up the motion to reconsider amendment S-5140 to Senate File 2284, filed by her on March 10, 1998, found on page 605 of the Senate Journal, and moved its adoption. A record roll call was requested. On the question "Shall the motion to reconsider amendment S-5140 be adopted?" (S.F. 2284) the vote was: Ayes, 22: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson King Kramer Maddox McKean McKibben Neuhauser Redfern Rensink Schuerer Szymoniak Tinsman Nays, 25: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Jensen Judge Kibbie McCoy McLaren Palmer Redwine Rehberg Vilsack Zieman Absent or not voting, 3: Lundby Rife Rittmer The motion lost. Senator Iverson asked and received unanimous consent that action on Senate File 2284 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2317, 2311, and 2200 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 2380. Senate File 2380 On motion of Senator Flynn, Senate File 2380, a bill for an act relating to the election of a local exchange carrier to be price- regulated, was taken up for consideration. Senator Douglas offered amendment S-5250 filed by Senators Douglas, et al., on March 16, 1998, to pages 3 and 4 of the bill. Senator Dvorsky asked and received unanimous consent that action on amendment S-5250 and Senate File 2380 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2364. Senate File 2364 On motion of Senator Douglas, Senate File 2364, a bill for an act relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions, was taken up for consideration. Senator Douglas 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. 2364), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Rittmer 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 2161. Senate File 2161 On motion of Senator Szymoniak, Senate File 2161, a bill for an act relating to the reporting and partner notification requirements relative to the human immunodeficiency virus, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2161), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Halvorson Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Zieman Nays, 6: Dvorsky Gronstal Hammond Judge Neuhauser Vilsack Absent or not voting, 2: Lundby Rittmer 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 2364 and 2161 be immediately messaged to the House. The Senate stood at ease at 3:43 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 4:25 p.m., President Kramer presiding. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2218. House File 2218 On motion of Senator Tinsman, 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, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2218), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Lundby Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that House File 2218 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 16, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 677, a bill for an act relating to an exception from mandatory participation in a course by parties to an action involving child custody or visitation. Read first time and referred to committee on Judiciary. House File 2337, a bill for an act concerning the method for imposition of the drug abuse resistance education surcharge. Read first time and referred to committee on Judiciary. House File 2348, a bill for an act relating to institutions and facilities administered by the department of human services and to similar and related services. Read first time and referred to committee on Human Resources. House File 2435, a bill for an act relating to the entrepreneurs with disabilities program. Read first time and referred to committee on Small Business, Economic Development and Tourism. House File 2456, a bill for an act changing the designation of the judiciary in the Code from the judicial department to the judicial branch. Read first time and referred to committee on Judiciary. House File 2478, a bill for an act relating to confidentiality in the mediation process. Read first time and referred to committee on Judiciary. House File 2480, a bill for an act to repeal the future repeal of the interception of communications chapter. Read first time and referred to committee on Judiciary. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Aaron Butcher, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (3/16/98). Raymond Dorothy, Stockport - For celebrating his 100th birthday. Senator Gettings (3/12/98). President Don Roby - For his retirement as President of Northeast Iowa Community College. Senator Borlaug (4/22/98). REPORT OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: March 16, 1998, 11:12 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; Fraise and McKean Members Absent: None. Committee Business: Voted bill out of subcommittee. Adjourned: 1:05 p.m. EXPLANATIONS OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 11, 1998, when the votes were taken on Senate Files 2080, 2192, 2201, 2224, 2296, 2308, 2335, 2348, 2359, 2371, 2374, 2381, 2383, 2385, 2386, 2387, 2391, 2392, and House Files 2162 and 2331. Had I been present, I would have voted "aye." Also, I was necessarily absent from the Senate chamber on March 12, 1998, when the votes were taken on Senate Files 2068, 2112, 2268, 2269, 2281, 2320, 2345, 2353, 2356, 2368, 2369, 2377, 2384, 2394, 2399, 2404, 2405, and House Joint Resolution 2004. Had I been present, I would have voted "aye." TOM FLYNN MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 12, 1998, when the votes were taken on Senate Files 2356, 2369, and 2399. Had I been present, I would have voted "aye." MIKE CONNOLLY PETITION The following petition was presented and placed on file by: Senator Drake, from two hundred and sixty-eight residents of Muscatine County, favoring legislation on House File 681 regarding the Environmental Audit Privilege and Immunity Act. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2144 passed the Senate on March 16, 1998. MIKE CONNOLLY STUDY BILL RECEIVED SSB 2211 Ways and Means Relating to published notices of public hearings on local government budgets. SUBCOMMITTEE ASSIGNMENTS House File 334 (Reassignment) COMMERCE: Jensen, Chair; Deluhery, Douglas, Gronstal, and Rife House File 2275 HUMAN RESOURCES: Rensink, Chair; Boettger and Dvorsky House File 2353 TRANSPORTATION: Freeman, Chair; Fraise and Jensen House File 2494 (Reassignment) AGRICULTURE: Rensink, Chair; Angelo, Behn, Fraise, and Kibbie House File 2502 COMMERCE: Schuerer, Chair; Flynn and Maddox House File 2512 JUDICIARY: McKean, Chair; Halvorson and Redfern House File 2517 HUMAN RESOURCES: Boettger, Chair; Hammond, Redwine, Szymoniak, and Tinsman BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 16th day of March, 1998: Senate Files 2279 and 2285. MARY PAT GUNDERSON Secretary of the Senate AMENDMENTS FILED S-5246 S.F. 2243 Neal Schuerer S-5247 H.F. 2275 Tom Flynn S-5248 S.F. 2376 Steven D. Hansen S-5249 S.F. 2283 O. Gene Maddox S-5250 S.F. 2380 JoAnn Douglas Stewart Iverson, Jr. Michael E. Gronstal Steven D. Hansen S-5251 H.F. 2424 Richard F. Drake S-5252 S.F. 2376 Tom Vilsack S-5253 S.F. 2283 O. Gene Maddox S-5254 S.F. 2401 John W. Jensen S-5255 S.F. 2376 William D. Palmer S-5256 S.F. 2333 Elaine Szymoniak John Redwine Derryl McLaren S-5257 S.F. 2380 Robert E. Dvorsky ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:38 p.m., until 9:00 a.m., Tuesday, March 17, 1998. 728 JOURNAL OF THE SENATE 64th Day 64th Day MONDAY, MARCH 16, 1998 727
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