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SIXTY-FIFTH CALENDAR DAY THIRTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 17, 1998 The Senate met in regular session at 9:12 a.m., President pro tempore Redfern presiding. Prayer was offered by Father Eugene Murray, of the Holy Family Parish, Emmetsburg, Iowa. The Journal of Monday, March 16, 1998, was approved. 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 2335, a bill for an act relating to persons holding interests in agricultural land and providing penalties and an effective date. Read first time and referred to committee on Agriculture. House File 2369, a bill for an act relating to the human immunodeficiency virus including the testing of an alleged offender for the human immunodeficiency virus, the intentional transmission of the human immunodeficiency virus, making penalties applicable, establishing penalties, and providing for an affirmative defense. Read first time and referred to committee on Judiciary. House File 2438, a bill for an act relating to the regulation of commercial feed. Read first time and referred to committee on Agriculture. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Lundby for the day, on request of Senator Freeman; Senator Palmer until his arrival, on request of Senator Gronstal. SPECIAL GUEST Senator Kibbie introduced the Honorable Paul Connaughton, a member of the Irish Parliament, who was accompanied by his wife Bernadette. Mr. Connaughton has served as Minister of State at the Department of Agriculture and is currently Fine Gael Spokesperson on Energy and Western Development. Mr. Connaughton addressed the Senate with brief remarks. UNFINISHED BUSINESS (Deferred March 16, 1998) Senate File 2380 The Senate resumed consideration of Senate File 2380, a bill for an act relating to the election of a local exchange carrier to be price- regulated, and amendment S-5250 by Senators Douglas, et al., on March 16, 1998, to pages 3 and 4 of the bill, deferred March 16, 1998. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5257, filed by him on March 16, 1998, to page 1 of amendment S-5250. Senator Douglas moved the adoption of amendment S-5250, which motion prevailed by a voice vote. Senator Dvorsky asked and received unanimous consent that action on Senate File 2380 be deferred. President Kramer took the chair at 9:35 a.m. MOTIONS TO RECONSIDER WITHDRAWN Senate File 2144 Senator Connolly withdrew the motion to reconsider Senate File 2144, a bill for an act relating to school district action to change the boundaries of director districts after dissolution of a school district, filed by him on March 16, 1998, and found on page 728 of the Senate Journal. Senate File 2264 Senator Tinsman withdrew the motion to reconsider Senate File 2264, a bill for an act transferring responsibility for administration of enhanced 911 public safety telephone answering and dispatching services from the emergency management division in the department of public defense to the E911 communications council, filed by her on March 10, 1998, and found on page 618 of the Senate Journal. Senate File 2256 Senator Black withdrew the motion to reconsider Senate File 2256, a bill for an act relating to the regulation of the deer population, filed by him on March 10, 1998, and found on page 618 of the Senate Journal. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2144, 2264, and 2256 be immediately messaged to the House. MOTION TO RECONSIDER LOST Senate File 2394 Senator Drake called up the motion to reconsider 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, filed by him on March 12, 1998, found on page 705 of the Senate Journal, and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 2394) the vote was: Ayes, 24: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Maddox McCoy McKean Neuhauser Rife Szymoniak Vilsack Nays, 22: Angelo Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Tinsman Zieman Absent or not voting, 4: Bartz Lundby Palmer Rittmer The motion lost. Senator Iverson asked and received unanimous consent that Senate File 2394 be immediately messaged to the House. The motion to reconsider the vote by which Senate File 2394 passed the Senate filed by Senator Gronstal on March 12, 1998, and found on page 705 of the Senate Journal, was out of order. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2283. Senate File 2283 On motion of Senator Maddox, Senate File 2283, a bill for an act relating to coverage under a policy or contract providing for third- party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes, was taken up for consideration. Senator Maddox asked and received unanimous consent to withdraw amendment S-5249, filed by him on March 16, 1998, to page 1 of the bill. Senator Maddox offered amendment S-5253, filed by him on March 16, 1998, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5253 was adopted by a voice vote. With the adoption of amendment S-5253, the Chair ruled amendment S-5163, filed by Senator Maddox on March 10, 1998, to pages 1 and 2 of the bill, and amendment S-5226, filed by Senator Maddox on March 11, 1998, to pages 1 and 2 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. 2283), the vote was: Ayes, 44: 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 Judge Kibbie Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 2: King Redwine Absent or not voting, 4: Bartz Lundby Palmer 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 Senate File 2283 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Bartz until his arrival, on request of Senator Freeman. BUSINESS PENDING Senate File 2380 The Senate resumed consideration of Senate File 2380, a bill for an act relating to the election of a local exchange carrier to be price- regulated, previously deferred. Senator Dvorsky offered amendment S-5260, filed by him from the floor, to pages 2 and 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5260 be adopted?" (S.F. 2380), the vote was: Ayes, 12: Black Connolly Dearden Dvorsky Fraise Gettings Halvorson Hansen Kibbie Neuhauser Szymoniak Vilsack Nays, 34: Angelo Behn Boettger Borlaug Deluhery Douglas Drake Fink Flynn Freeman Gaskill Gronstal Hammond Harper Hedge Horn Iverson Jensen Judge King Kramer Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Absent or not voting, 4: Bartz Lundby Palmer Rittmer Amendment S-5260 lost. Senator Flynn moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2380), the vote was: Ayes, 42: Angelo Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 4: Dvorsky Fraise Gettings Kibbie Absent or not voting, 4: Bartz Lundby Palmer 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 Senate File 2380 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 10:30 a.m., until 3:00 p.m. APPENDIX SUBCOMMITTEE ASSIGNMENTS SSB 2211 WAYS AND MEANS: Douglas, Chair; Maddox and Palmer House File 677 JUDICIARY: Hansen, Chair; McKean and McKibben House File 2337 JUDICIARY: Boettger, Chair; Drake and Hansen House File 2348 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Tinsman House File 2456 JUDICIARY: Maddox, Chair; McKean and Neuhauser House File 2478 JUDICIARY: Hammond, Chair; McKean and McKibben House File 2480 JUDICIARY: Tinsman, Chair; Drake and Hansen AMENDMENTS FILED S-5258 S.F. 2382 Maggie Tinsman (Filed 3/16/98) S-5259 S.F. 2284 Stewart Iverson, Jr. S-5260 S.F. 2380 Robert E. Dvorsky S-5261 S.F. 2284 Dennis H. Black Kitty Rehberg S-5262 S.F. 2333 Tom Flynn Michael E. Gronstal Patty Judge Tom Vilsack Steven D. Hansen Eugene S. Fraise Don Gettings Patricia Harper Jack Rife Mike Connolly Wally E. Horn Dennis H. Black Johnie Hammond Dick L. Dearden Matt McCoy John P. Kibbie Patrick J. Deluhery Bill Fink AFTERNOON SESSION The Senate reconvened at 3:05 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. 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 17, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2175, a bill for an act relating to the creation of, and annexation of property to, a sanitary sewer district. Read first time and referred to committee on Local Government. House File 2382, a bill for an act relating to the identification of animals and providing penalties. Read first time and referred to committee on Agriculture. House File 2436, a bill for an act relating to the state registrar of voters. Read first time and referred to committee on State Government. House File 2472, a bill for an act relating to fines imposed for violations of city or county ordinances or city or county infractions and providing an effective date. Read first time and referred to committee on Local Government. House File 2510, a bill for an act requesting an interim study conference of the loess hills areas of this state. Read first time and referred to committee on Natural Resources and Environment. House File 2523, a bill for an act relating to the reimbursement of certain providers of services under the medical assistance program. Read first time and referred to committee on Human Resources. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2333. Senate File 2333 On motion of Senator Redwine, Senate File 2333, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss, was taken up for consideration. President Kramer took the chair at 2:22 p.m. Senator Iverson asked unanimous consent that Senate File 2333 be referred to the committee on Business and Labor Relations and returned to the Calendar no later than 3:45 p.m. Senator Horn raised a point of order regarding committee referral procedures. Senator Iverson renewed his motion to refer Senate File 2333 to the committee on Business and Labor Relations. The Senate stood at ease at 3:29 p.m. until the fall of the gavel for the purpose of a committee meeting. The Senate resumed session at 3:42 p.m., President Kramer presiding. COMMITTEE REPORT BUSINESS AND LABOR RELATIONS Final Bill Action: SENATE FILE 2333, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss. Recommendation: DO PASS. Final Vote: Ayes, 6: King, Behn, Freeman, Jensen, Schuerer, and Zieman. Nays, 5: Rife, Dearden, Gettings, Horn, and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2333. Senate File 2333 On motion of Senator Redwine, Senate File 2333, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss, with report of committee on Business and Labor Relations recommending passage, was taken up for consideration. Senator Flynn asked and received unanimous consent to withdraw amendment S-5175, filed by Senators Flynn, et al., on March 10, 1998, to pages 1-4 of the bill. Senator Flynn offered amendment S-5262, filed by Senators Flynn, et al., from the floor, to pages 1-4 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5262 be adopted?" (S.F. 2333), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Bartz Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rife Vilsack Nays, 26: Angelo Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Zieman Absent or not voting, 1: Rittmer Amendment S-5262 lost. Senator Flynn asked and received unanimous consent that action on Senate File 2333 be deferred. The Senate stood at ease at 4:05 p.m. until the fall of the gavel. The Senate resumed session at 4:07 p.m., President Kramer presiding. UNFINISHED BUSINESS (Deferred March 12, 1998) 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, and amendment S-5237, filed by Senator Hansen on March 12, 1998, to page 1 of the bill, previously deferred. Senator Hansen asked and received unanimous consent to withdraw amendment S-5237. With the withdrawal of amendment of S-5237, the Chair ruled amendment S-5244, filed by Senator Vilsack on March 12, 1998, to amendment S-5237, out of order. Senator Hansen offered amendment S-5248 filed by him on March 16, 1998, to page 1 of the bill. Senator Vilsack asked and received unanimous consent to withdraw amendment S-5252 filed by him on March 16, 1998, to pages 1-7 of amendment S-5248. Senator Hansen asked and received unanimous consent to withdraw amendment S-5248. Senator Palmer offered amendment S-5255, filed by him on March 16, 1998, to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5255 be adopted?" (S.F. 2376), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy McKean Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Absent or not voting, 1: Rittmer Amendment S-5255 lost. Senator Hansen asked and received unanimous consent that action on Senate File 2376 be deferred. BUSINESS PENDING Senate File 2333 The Senate resumed consideration of Senate File 2333, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss, previously deferred. Senator Flynn offered amendment S-5269, filed by him from the floor to page 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5269 be adopted?" (S.F. 2333), 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 Rife Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Zieman Absent or not voting, 1: Rittmer Amendment S-5269 lost. Senator Szymoniak offered amendment S-5256 filed by Senators Szymoniak, Redwine, and McLaren on March 16, 1998, to pages 3 and 5 of the bill. Senator Flynn asked and received unanimous consent that action on amendment S-5256 and Senate File 2333 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Judge until her arrival, on request of Senator Gronstal. 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-5271, filed by him from the floor to page 1 and the title page of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5271 be adopted?" (S.F. 2376), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 25: Bartz Black Boettger Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Kibbie McKean Neuhauser Palmer Redwine Rensink Szymoniak Vilsack Nays, 23: Angelo Behn Borlaug Dearden Douglas Drake Freeman Gaskill Iverson Jensen King Kramer Lundby Maddox McCoy McKibben McLaren Redfern Rehberg Rife Schuerer Tinsman Zieman Absent or not voting, 2: Judge Rittmer Amendment S-5271 was adopted. 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. 2376), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Lundby McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Maddox Absent or not voting, 2: Judge Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2363. Senate File 2363 On motion of Senator King, Senate File 2363, a bill for an act relating to requests and hearings for correction and expungement of child abuse information, was taken up for consideration. Senator King offered amendment S-5265, filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-5265 was adopted by a voice vote. Senator Hammond asked and received unanimous consent to withdraw amendment S-5186, filed by her on March 11, 1998, to page 1 of the bill. Senator Hammond asked and received unanimous consent to withdraw amendment S-5185, filed by her on March 11, 1998, to page 1 of the bill. Senator King asked and received unanimous consent to withdraw amendment S-5240, filed by him on March 12, 1998, to page 1 of the bill. Senator Neuhauser asked and received unanimous consent to withdraw amendment S-5183, filed by her on March 11, 1998, to page 1 of the bill. Senator Neuhauser asked and received unanimous consent to withdraw amendment S-5184, filed by her on March 11, 1998, to page 1 of the bill. Senator Szymoniak asked and received unanimous consent to withdraw amendment S-5190, filed by her on March 11, 1998, to page 1 and the title page of the bill. Senator King 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. 2363), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Borlaug Dearden Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Schuerer Vilsack Zieman Nays, 6: Connolly Deluhery Gronstal McCoy Szymoniak Tinsman Absent or not voting, 2: Judge 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 2376 and 2363 be immediately messaged to the House. BUSINESS PENDING Senate File 2333 The Senate resumed consideration of Senate File 2333, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss, and amendment S-5256 by Senators Szymoniak, Redwine, and McLaren on March 16, 1998, to pages 3 and 5 of the bill, previously deferred. Senator Szymoniak moved the adoption of amendment S-5256. Amendment S-5256 was adopted by a voice vote. Senator Hansen asked and received unanimous consent to withdraw amendment S-5153, filed by him on March 5, 1998, to page 5 of the bill. Senator Redwine moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2333), the vote was: Ayes, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Zieman Nays, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Kibbie McCoy Neuhauser Palmer Rife Vilsack Absent or not voting, 2: Judge 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 Senate File 2333 be immediately messaged. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McKibben for the remainder of the day, on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2373, 2390, and 2038. Senate File 2373 On motion of Senator Redfern, Senate File 2373, a bill for an act to permit the issuance of no-contact orders against persons who are arrested for the crimes of harassment or stalking and providing penalties, was taken up for consideration. Senator Redfern offered amendment S-5264, filed by Senators Redfern and Gronstal from the floor to pages 1, 2, and the title page of the bill, and moved its adoption. Amendment S-5264 was adopted by a voice vote. With the adoption of amendment S-5264, the Chair ruled amendment S-5201, filed by Senator Gronstal on March 11, 1998, to page 2 of the bill, out of order. 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. 2373), the vote was: Ayes, 44: 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 Maddox McCoy McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 6: Judge Lundby McKean McKibben Rife Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. President pro tempore Redfern took the chair at 7:12 p.m. Senate File 2390 On motion of Senator Bartz, Senate File 2390, a bill for an act relating to the use of net metering systems by certain facilities producing electrical energy and providing an effective date, was taken up for consideration. 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. 2390), the vote was: Ayes, 42: 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 Maddox McCoy Neuhauser Palmer Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 8: Judge Kramer Lundby McKean McKibben McLaren Rife Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2038 On motion of Senator Tinsman, Senate File 2038, a bill for an act relating to disqualification from voting or registering to vote for reasons of mental incompetence, with report of committee recommending passage, was taken up for consideration. Senator Tinsman offered amendment S-5056, filed by the committee on State Government on February 23, 1998, to page 2 of the bill, and moved its adoption. Amendment S-5056 was adopted by a voice vote. Senator Deluhery offered amendment S-5270, filed by Senators Deluhery and Tinsman from the floor to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5270 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. 2038), the vote was: Ayes, 43: 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 Maddox McCoy Neuhauser Palmer Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 7: Judge Lundby McKean McKibben McLaren Rife 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 2373, 2390, and 2038 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 2401 and 2277. Senate File 2401 On motion of Senator Freeman, Senate File 2401, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons, was taken up for consideration. Senator Freeman offered amendment S-5117, filed by her on March 3, 1998, to page 1 of the bill and moved its adoption. Amendment S-5117 was adopted by a voice vote. Senator Jensen asked and received unanimous consent to withdraw amendment S-5254, filed by him on March 16, 1998, to pages 1 and 4 of the bill. Senator Freeman offered amendment S-5263, filed by Senators Freeman and Judge from the floor, to pages 1 and 2 of the bill. Senator Dvorsky asked and received unanimous consent that action on amendment S-5263 and Senate File 2401 be deferred. Senate File 2277 On motion of Senator Bartz, Senate File 2277, a bill for an act providing that persons who use skateboard parks on public lands assume the risks associated with such activity, with report of committee recommending passage, was taken up for consideration. Senator Bartz offered amendment S-5273, filed by Senators Bartz and Szymoniak from the floor, striking everything after the enacting clause and to the title page of the bill. Senator Vilsack asked and received unanimous consent that action on amendment S-5273 and Senate File 2277 be deferred. 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 17, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2514, a bill for an act relating to motor vehicle operation and motor vehicles, carriers and motor trucks, and penalties and hazardous materials, including weight requirements and transportation of hazardous materials, and providing an effective date. Read first time and referred to committee on Transportation. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 17, 1998, 8:06 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Members Absent: Judge, Ranking Member (excused). Committee Business: Passed HF 2136, 2317, and 2492. Adjourned: 8:26 a.m. BUSINESS AND LABOR RELATIONS Convened: March 17, 1998, 3:30 p.m. Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member; Behn, Freeman, Gettings, Horn, Jensen, Palmer, Schuerer, and Zieman. Members Absent: None. Committee Business: Passed SF 2333. Adjourned: 3:35 p.m. COMMERCE Convened: March 17, 1998, 1:10 p.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Redfern, and Rife. Members Absent: Bartz, McCoy, and Palmer (all excused). Committee Business: Passed HF 2135, 2429, 2454, 2469, 2476, and 2502. Amended and passed HF 2169. Adjourned: 1:40 p.m. HUMAN RESOURCES Convened: March 17, 1998, 11:05 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: Passed HF 530. Amended and passed HF 2120. Adjourned: 11:45 a.m. JUDICIARY Convened: March 17, 1998, 11:55 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: Subcommittee assignments. Passed HF 382, 2324, 2400, 2402, 2473, 2487, 2527, and HJR 2003. Amended and passed HF 2403. Approved SSB 2210. Adjourned: 1:03 p.m. LOCAL GOVERNMENT Convened: March 17, 1998, 10:35 a.m. Members Present: Behn Chair; Boettger, Vice Chair; Fraise, Ranking Member; Angelo, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Zieman. Members Absent: Bartz (excused). Committee Business: Passed HF 2424. Adjourned: 10:47 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 17, 1998, 2:36 p.m. Members Present: Angelo, Vice Chair; Fink, Ranking Member; Black, Borlaug, Dearden, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Members Absent: Bartz, Chair; and Deluhery (both excused). Committee Business: Passed HF 2292, 2339, and 2490. Adjourned: 2:55 p.m. TRANSPORTATION Convened: March 17, 1998, 11:00 a.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer. Members Absent: None. Committee Business: Passed HF 2353, and 2412. Amended and passed HF 2394. Adjourned: 11:22 a.m. STUDY BILL RECEIVED SSB 2212 Commerce Relating to deregulation of the electric utility industry, providing for customer choice, and providing penalties and an appropriation. 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 2394. Had I been present, I would have voted "nay." Also, I was necessarily absent from the Senate chamber on March 12, 1998, when the votes were taken on Senate Files 2269, 2281, 2320, 2368, and 2405. Had I been present, I would have voted "aye." TOM VILSACK MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 17, 1998, when the votes were taken on Senate Files 2283 and 2380. Had I been present, I would have voted "aye." MERLIN E. BARTZ SUBCOMMITTEE ASSIGNMENTS House File 2335 AGRICULTURE: Rensink, Chair; Angelo and Judge House File 2435 (Reassignment) SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Boettger, Chair; Flynn and Redwine House File 2438 AGRICULTURE: Behn, Chair; Fraise and Rehberg COMMITTEE REPORTS AGRICULTURE Final Bill Action: HOUSE FILE 2136, a bill for an act relating to agricultural drainage wells, by extending the date for complying with certain requirements. Recommendation: DO PASS. Final Vote: Ayes, 14: Rensink, Gaskill, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Nays, none. Absent or not voting, 1: Judge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2317, a bill for an act relating to drainage districts, by providing for the maintenance, repair, or replacement of improvements within drainage districts. Recommendation: DO PASS. Final Vote: Ayes, 14: Rensink, Gaskill, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Nays, none. Absent or not voting, 1: Judge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2492, a bill for an act relating to drainage districts, by extending the period for financing repairs and improvements. Recommendation: DO PASS. Final Vote: Ayes, 14: Rensink, Gaskill, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Nays, none. Absent or not voting, 1: Judge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: HOUSE FILE 2135, a bill for an act relating to a mid-America port commission agreement and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, and Rife. Nays, none. Absent or not voting, 4: Bartz, McCoy, Palmer, and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2429, a bill for an act relating to the regulation of physical exercise clubs. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Redfern, and Rife. Nays, none. Absent or not voting, 3: Bartz, McCoy, and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Redfern, and Rife. Nays, none. Absent or not voting, 3: Bartz, McCoy, and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2469, a bill for an act relating to a reinsurer's liability. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Redfern, and Rife. Nays, none. Absent or not voting, 3: Bartz, McCoy, and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2476, a bill for an act providing for connection to the Iowa communications network by the quad cities graduate center. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Redfern, and Rife. Nays, none. Absent or not voting, 3: Bartz, McCoy, and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Redfern, and Rife. Nays, none. Absent or not voting, 3: Bartz, McCoy, and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: HOUSE FILE 530, a bill for an act concerning assistive devices by requiring a warranty, and providing for replacement of assistive devices and consumer remedies. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Behn, Dearden, Dvorsky, Hammond, Harper, Rensink, Schuerer, Tinsman, and Zieman. Nays, none. Absent or not voting, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: HOUSE FILE 382, a bill for an act relating to the validity of certain marriages. Recommendation: DO PASS. Final Vote: Ayes, 11: McKean, Maddox, Angelo, Boettger, Drake, Halvorson, Hansen, King, McKibben, Redfern, and Tinsman. Nays, 2: Neuhauser and Harper. Absent or not voting, 2: Fraise and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2324, a bill for an act relating to the statutory elements of certain forms of assault. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2400, a bill for an act providing a procedure for the preservation of a mechanic's lien for materials or labor furnished to a subcontractor and providing for related matters. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, 1: Halvorson. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2402, a bill for an act to amend the crime of burglary in the first degree to include commission of sexual abuse as a possible element of the offense. Recommendation: DO PASS. Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Boettger, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 2: Drake and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2473, a bill for an act providing for mediation in disputes involving agricultural producers. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Drake. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2487, a bill for an act relating to the fines and penalties and other requirements applicable to the sale of alcohol and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Pass, 1: Halvorson. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2527, a bill for an act providing for victim rights, providing for penalties, and an effective date. Recommendation: DO PASS. Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Halvorson, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Absent or not voting, 2: Fraise and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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 local public defender office. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 2424, a bill for an act providing for the expansion of the system of issuance of motor vehicle licenses by county treasurers. Recommendation: DO PASS. Final Vote: Ayes, 10: Behn, Boettger, Fraise, Angelo, Black, Gaskill, Hansen, McKean, Redwine, and Zieman. Nays, 2: Connolly and Dearden. Absent or not voting, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 2292, a bill for an act relating to permits for aquifer storage and recovery and making penalties applicable. Recommendation: DO PASS. Final Vote: Ayes, 13: Angelo, Fink, Black, Borlaug, Dearden, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Nays, none. Absent or not voting, 2: Bartz and Deluhery. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2339, a bill for an act relating to limits on coverage of the remedial account of the Iowa comprehensive petroleum underground storage tank fund, the minimum copayment provisions in regard to the remedial account, and creating a no further action fund. Recommendation: DO PASS. Final Vote: Ayes, 13: Angelo, Fink, Black, Borlaug, Dearden, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Nays, none. Absent or not voting, 2: Bartz and Deluhery. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2490, a bill for an act relating to the administration of the insurance account of the comprehensive petroleum underground storage tank fund, creating an underground storage tank insurance board, an underground storage tank insurance fund, and transferring assets and liabilities of the insurance account of the comprehensive petroleum underground storage tank fund. Recommendation: DO PASS. Final Vote: Ayes, 13: Angelo, Fink, Black, Borlaug, Dearden, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Nays, none. Absent or not voting, 2: Bartz and Deluhery. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: HOUSE FILE 2353, a bill for an act relating to exemptions from distinguishing registration plates for motor vehicles. Recommendation: DO PASS. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *HOUSE FILE 2394, a bill for an act providing for service of one hundred percent of the maximum sentence by and the suspension of a driver's license of a person charged with homicide by vehicle. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5268. Final Vote: Ayes, 10: Drake, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer. Nays, none. Pass, 3: Borlaug, McCoy, and Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Transportation Committee on House File 2394, and they were attached to the committee report. ALSO: Final Bill Action: HOUSE FILE 2412, a bill for an act relating to optometrists' reports to the department of transportation concerning a person's ability to operate a motor vehicle. Recommendation: DO PASS. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5263 S.F. 2401 Mary Lou Freeman Patty Judge S-5264 S.F. 2373 Donald B. Redfern Michael E. Gronstal S-5265 S.F. 2363 Steve King S-5266 H.F. 2499 Mary Neuhauser S-5267 H.F. 2499 Robert E. Dvorsky S-5268 H.F. 2394 Transportation S-5269 S.F. 2333 Tom Flynn S-5270 S.F. 2038 Patrick J. Deluhery Maggie Tinsman S-5271 S.F. 2376 Steven D. Hansen S-5272 S.F. 2389 Andy McKean S-5273 S.F. 2277 Merlin E. Bartz Elaine Szymoniak ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:58 p.m., until 9:00 a.m., Wednesday, March 18, 1998. 764 JOURNAL OF THE SENATE 65th Day 65th Day TUESDAY, MARCH 17, 1998 765
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