Senate Journal: Wednesday, March 18, 1998

  SIXTY-SIXTH CALENDAR DAY
  THIRTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 18, 1998

  The Senate met in regular session at 9:07 a.m., President pro tempore
  Redfern presiding.

  Prayer was offered by the Reverend Steve Pike, pastor of the Martelle
  Christian Church, Martelle, Iowa.

  The Journal of Tuesday, March 17, 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 17, 1998, passed the following bills in which the concurrence
  of the Senate is asked:

  House File 2005, a bill for an act relating to the voter approval of
  annexation and severance of territory to or from a city and %'% providing
  effective date and applicability provisions.

  Read first time and referred to committee on Local Government.

  House File 2482, a bill for an act relating to certain criminal acts
  committed on or against the property of railway corporations %'% and
  providing and applying penalties.

  Read first time and referred to committee on Transportation.
  House File 2496, a bill for an act relating to public retirement systems,
  and providing effective, implementation, and
  applicability dates.

  Read first time and referred to committee on State Government.

  House File 2528, a bill for an act establishing a graduated driver's license
  for young drivers, making penalties applicable,
  creating an interim study committee, and including an applicability
  provision and an effective date.

  Read first time and referred to committee on Transportation.

  BILLS REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that Senate File 2401
  be referred from the Unfinished Business
  Calendar to the committee on Ways and Means, and Senate File 2358 be
  referred from the Regular Calendar to the committee on
  Ways and Means.

  President Kramer took the chair at 9:16 a.m.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Palmer until his arrival, on request of Senator Horn.

  UNFINISHED BUSINESS
  (Deferred March 17, 1998)

  Senate File 2277

  The Senate resumed consideration of 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, and amendment
  S-5273, filed by Senators Bartz and Szymoniak, striking everything after the
  enacting clause and to the title page of the bill,
  deferred March 17, 1998.
  Senator Bartz offered amendment S-5274, filed by Senators Bartz and Vilsack
  from the floor to page 1 of amendment S-5273,
  and moved its adoption.

  Amendment S-5274 was adopted by a voice vote.

  Senator Bartz moved the adoption of amendment S-5273 as amended.

  Amendment S-5273 was adopted by a voice vote.

  With the adoption of amendment S-5273, the Chair ruled amendment S-5106,
  filed by the committee on Natural Resources and
  Environment on March 2, 1998, to page 1 of the bill, out of order.

  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. 2277), the vote was:

  Ayes, 47:

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

  Nays, 1:

  Deluhery	

  Absent or not voting, 2:

  Palmer	Rife		

  The bill having received a constitutional majority was declared to have
  passed the Senate and the title as amended was agreed
  to.
  Senator Iverson asked and received unanimous consent that Senate File 2277
  be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:39 a.m., until 4:30
  p.m.
  APPENDIX

  CERTIFICATES OF RECOGNITION

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

  Hawkeye Public Library, Hawkeye - For celebrating its 100th birthday on
  April 4, 1998.  Senator Rehberg (3/17/98).

  Mt. Pleasant Middle School - For being awarded the Peace Institute Award for
  the Peace Project, "Help the Battered Women's Shelter. "  Senator Vilsack
  (3/17/98).

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened:  March 18, 1998, 1:09 p.m.

  Members Present:  Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking
  member; Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie,
  Rehberg, Rife,
  Vilsack and Zieman.

  Members Absent:  None.

  Committee Business:  Passed HF 2438.  Amended and passed HF 2335.

  Adjourned:  1:55 p.m.

  COMMERCE

  Convened:  March 18, 1998, 2:05 p.m.

  Members Present:  Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox,
  McCoy,
  Redfern, and Rife.

  Members Absent:  Palmer (excused).

  Committee Business:  Discussion on HF 334.

  Adjourned:  2:11 p.m.

  EDUCATION

  Convened:  March 18, 1998, 9:40 a.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser,
  Redwine, Rensink, Szymoniak, and Tinsman.
  Members Absent:  None.

  Committee Business:  Amended and passed HF 2269 and HF 2272.

  Adjourned:  10:40 a.m.

  LOCAL GOVERNMENT

  Convened:  March 18, 1998, 10:40 a.m.

  Members Present:  Behn, Chair; Boettger, Vice Chair; Fraise, Ranking Member;
  Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine,
  and
  Zieman.

  Members Absent:  None.

  Committee Business:  Passed HF 2049 and HF 2246.

  Adjourned:  11:00 a.m.

  STATE GOVERNMENT

  Convened:  March 18, 1998, 10:54 a.m.

  Members Present:  Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking
  Member; Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben,
  McLaren,
  Rife, Szymoniak, and Tinsman.

  Members Absent:  None.

  Committee Business:  Passed HF 2271.

  Adjourned:  11:07 a.m.

  WAYS AND MEANS

  Convened:  March 18, 1998, 11:37 a.m.

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

  Members Absent:  McLaren and Vilsack (both excused).

  Committee Business:  Subcommittee assignments.  Passed SF 224.  Amended and
  passed HF 2166 and HF 2374.  Approved SSB 2211.

  Adjourned:  12:12 p.m.
  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on March
  17, 1998, when the vote was taken on Senate File 2333.  Had I been present,
  I would have voted "nay."  Also, I was necessarily absent from the Senate
  chamber on March 17, 1998, when the votes were taken on Senate Files 2038,
  2363, 2373,
  2376, and 2390.  Had I been present, I would have voted "aye."

  PATTY JUDGE

  PETITION

  The following petition was presented and placed on file by:

  Senator Flynn, from one hundred and twenty residents of Dubuque and Jackson
  Counties, favoring legislation which will provide
  a refundable tax credit of at least $250 per private school student plus
  funding for technology.

  SUBCOMMITTEE ASSIGNMENTS

  House File 2369

  JUDICIARY:  King, Chair; Hansen and McKibben

  House File 2382

  AGRICULTURE:  Rehberg, Chair; Gaskill and Judge

  House File 2436

  STATE GOVERNMENT:  Lundby, Chair; Halvorson and Tinsman

  House File 2472

  LOCAL GOVERNMENT:  Zieman, Chair; Behn and Black

  House File 2482

  TRANSPORTATION:  Jensen, Chair; McCoy and McKean

  House File 2496

  STATE GOVERNMENT:  Rittmer, Chair; Drake, Halvorson, Kibbie, and Lundby

  House File 2510

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Dvorsky and Freeman
  House File 2514

  TRANSPORTATION:  Borlaug, Chair; Drake and Gettings

  House File 2523

  HUMAN RESOURCES:  Boettger, Chair; Behn and Szymoniak

  House File 2528

  TRANSPORTATION:  McKibben, Chair; Drake and Gettings

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action:  HOUSE FILE 2169, a bill for an act raising the limit on
  the amount of assets subject to a conservatorship in cases where a private
  nonprofit
  corporation serves as conservator.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5276.

  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 2348, a bill for an act relating to
  institutions and facilities administered by the department of human services
  and to similar and
  related services.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 8:  Boettger, Redwine, Szymoniak, Bartz, Behn, Schuerer,
  Tinsman, and Zieman.  Nays, 5:  Dearden, Dvorsky, Hammond, Harper, and
  Rensink.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *HOUSE FILE 2120, a bill for an act prohibiting the use
  of self-service displays in the offering for sale or sale of cigarettes or
  tobacco products,
  and providing a penalty.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5278.
  Final Vote:  Ayes, 11:  Boettger, Redwine, Szymoniak, Behn, Dearden,
  Dvorsky, Hammond, Harper, Rensink, Tinsman, and Zieman.  Nays, 1:  Schuerer.
  Absent or
  not voting, 1:  Bartz.

  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 Human Resources Committee on
  House File
  2120, and they were attached to the committee report.

  ALSO:

  Final Bill Action:  HOUSE FILE 2517, a bill for an act establishing a
  healthy and well kids in Iowa (HAWK-I) program to provide health insurance
  to eligible
  children and providing an effective date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden,
  Dvorsky, Hammond, Harper, Rensink, Schuerer, Tinsman, and Zieman.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 2403, a bill for an act relating to property
  of a debtor which is exempt from execution.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5277.

  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.

  LOCAL GOVERNMENT

  Final Bill Action:  HOUSE FILE 2049, a bill for an act relating to
  redemption by a county of certain parcels sold at property tax sale.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Behn, Fraise, Angelo, Bartz, Black, Connolly,
  Dearden, Gaskill, Hansen, McKean, and Zieman.  Nays, none.  Absent or not
  voting, 2:
  Boettger and Redwine.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  HOUSE FILE 2246, a bill for an act relating to the
  collection and payment of fees and expenses of county medicalexaminers.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Behn, Boettger, Fraise, Angelo, Bartz, Black,
  Connolly, Dearden, Gaskill, Hansen, McKean, and Zieman.  Nays,none.  Absent
  or not voting,
  1:  Redwine.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  HOUSE FILE 2374, a bill for an act exempting sales made
  to and services performed for organ procurement organizations from the state
  sales,
  services, and use taxes.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5280.

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

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 2408 (SSB 2211), a bill for an act relating
  to published notices of public hearings on local government budgets.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery, Drake, Freeman, Judge, Maddox, Redfern, and Szymoniak.  Nays, 1:
  Hedge.
  Absent or not voting, 2:  McLaren and Vilsack.

  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 Ways and Means Committee on
  Senate File
  2408, and they were attached to the committee report.

  AMENDMENTS FILED

  S-5274		S.F. 2277	Merlin E. Bartz
  Tom Vilsack
  S-5275		S.F. 2393	Andy McKean
  Mary Neuhauser
  S-5276		H.F. 2169	Commerce
  S-5277		S.F. 2403	Judiciary
  S-5278		H.F. 2120	Human Resources
  S-5279		H.F. 2269	Mary Neuhauser
  S-5280		H.F. 2374	Ways and Means
  AFTERNOON SESSION

  The Senate reconvened at 4:52 p.m., Senator Hedge presiding.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up for
  consideration Senate File 2393.

  Senate File 2393

  On motion of Senator McKean, Senate File 2393, a bill for an act relating to
  families including domestic relations provisions,
  parenting obligations, and providing an effective date, was taken up for
  consideration.

  Senator McKean offered amendment S-5275, filed by Senators McKean and
  Neuhauser from the floor to pages 1 and 13 of the
  bill.

  Senator Vilsack called for a division of amendment S-5275: page 1, lines
  2-50, page 2, and page 3, lines 1-42 as division S-5275A;
  page 3, lines 43-50, page 4, and page 5 as division S-5275B.

  Senator McKean moved the adoption of division S-5275B.

  Amendment S-5275 division B was adopted by a voice vote.

  Senator Gronstal raised the point of order that amendment S-5275 division A
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5275 division A out of
  order.

  Senator McKean asked and received unanimous consent that action on Senate
  File 2393 be deferred.
  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that Senate File 2393
  be referred from the Regular Calendar to the
  committee on Appropriations.

  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 18, 1998, passed the following bills in which the concurrence
  of the Senate is asked:

  House File 2281, a bill for an act providing for the mandatory recording of
  certain residential real estate installment sales
  contracts, providing a penalty, and providing for the Act's applicability.

  Read first time and referred to committee on Local Government.

  House File 2516, a bill for an act providing for mandatory licensure for
  marital and family therapists and mental health
  counselors, establishing transition provisions, removing frequency
  requirements regarding board of behavioral science examiners'
  meetings, and providing an effective date.

  Read first time and referred to committee on State Government.

  INTRODUCTION OF BILL

  Senate File 2408, by committee on Ways and Means, a bill for an act relating
  to published notices of public hearings on local
  government budgets.

  Read first time and referred to the Ways and Means calendar.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  HUMAN RESOURCES

  Convened:  March 18, 1998, 8:05 a.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Rensink, Schuerer,
  Tinsman, and Zieman.

  Members Absent:  None.

  Committee Business:  Passed HF 2275, HF 2348, HF 2517, and HF 2523.

  Recessed:  9:03 a.m.

  Reconvened:  4:00 p.m.

  Adjourned:  4:10 p.m.

  TRANSPORTATION

  Convened:  March 18, 1998, 3:05 p.m.

  Members Present:  Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member;
  Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson,Jensen, McKibben,
  and
  Rittmer.

  Members Absent:  McKean (excused).

  Committee Business:  Passed HF 2482 and HF 2528.  Amended and passed HF
  2514.

  Adjourned:  3:45 p.m.

  SUBCOMMITTEE ASSIGNMENT

  House File 2005

  LOCAL GOVERNMENT:  McKean, Chair; Boettger and Fraise

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  HOUSE FILE 2335, a bill for an act relating to persons
  holding interests in agricultural land and providing penalties and an
  effective date.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5282.
  Final Vote:  Ayes, 13:  Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black,
  Fraise, Hedge, Kibbie, Rehberg, Rife, and Zieman.  Nays, 1:  Gettings.
  Pass, 1:  Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 2438, a bill for an act relating to the
  regulation of commercial feed.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black,
  Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  HUMAN RESOURCES

  Final Bill Action:  HOUSE FILE 2523, a bill for an act relating to the
  reimbursement of certain providers of services under the medical assistance
  program.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden,
  Dvorsky, Hammond, Harper, Rensink, Schuerer, Tinsman, and Zieman.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  HOUSE FILE 2482, a bill for an act relating to certain
  criminal acts committed on or against the property of railway corporations
  and providing
  and applying penalties.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Drake, Borlaug, McCoy, Connolly, Douglas, Fraise,
  Freeman, Gettings, Halvorson, Jensen, McKibben, and Rittmer.  Nays, none.
  Absent or
  not voting, 1:  McKean.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.
  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5283.
  Final Vote:  Ayes, 12:  Drake, Borlaug, McCoy, Connolly, Douglas, Fraise,
  Freeman, Gettings, Halvorson, Jensen, McKibben, and Rittmer.  Nays, none.
  Absent or
  not voting, 1:  McKean.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 2528, a bill for an act establishing a
  graduated driver's license for young drivers, making penaltiesapplicable,
  creating an interim
  study committee, and including an applicability provision and an effective
  date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Drake, Borlaug, McCoy, Connolly, Douglas, Fraise,
  Freeman, Gettings, Halvorson, Jensen, McKibben, and Rittmer.  Nays, none.
  Absent or
  not voting, 1:  McKean.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  HOUSE FILE 2166, a bill for an act relating to
  regulation of food establishments and providing for fees and penalties and
  providing an effective
  date.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5281.

  Final Vote:  Ayes, 13:  Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, and Szymoniak.
  Nays, none.
  Absent or not voting, 2:  McLaren and Vilsack.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5281		H.F. 2166	Ways and Means
  S-5282		H.F. 2335	Agriculture
  S-5283		H.F. 2514	Transportation

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:30 p.m., until 9:00
  a.m., Thursday, March 19, 1998.
  780	JOURNAL OF THE SENATE	66th Day
  66th Day	WEDNESDAY, MARCH 18, 1998	779

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