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SEVENTY-FIRST CALENDAR DAY FORTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 23, 1998 The Senate met in regular session at 1:13 p.m., President Kramer presiding. Prayer was offered by the Reverend Barry B. Blankers, pastor of the Christian Reformed Church, Ocheyedan, Iowa. The Journal of Thursday, March 19, 1998, was approved. BILLS REREFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that the following bills be rereferred to committee: S.F. 43 State Government S.F. 79 State Government S.F. 486 State Government S.F. 498 State Government S.F. 2005 Appropriations S.F. 2026 State Government S.F. 2079 State Government S.F. 2098 Small Business, Economic Development and Tourism S.F. 2099 Small Business, Economic Development and Tourism S.F. 2105 Small Business, Economic Development and Tourism S.F. 2120 Agriculture S.F. 2124 State Government S.F. 2130 Ways and Means S.F. 2131 Appropriations S.F. 2135 Judiciary S.F. 2193 Education S.F. 2215 Education S.F. 2219 Judiciary S.F. 2243 Commerce S.F. 2245 Commerce S.F. 2248 Education S.F. 2273 Agriculture S.F. 2293 Natural Resources and Environment S.F. 2309 State Government S.F. 2343 Human Resources S.F. 2346 Education S.F. 2352 Commerce S.F. 2370 Judiciary S.F. 2375 Agriculture S.F. 2379 Ways and Means S.F. 2382 Judiciary S.F. 2388 Judiciary S.F. 2395 Commerce S.F. 2396 Commerce S.F. 2402 Natural Resources and Environment Senator Bartz took the chair at 1:23 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren until this arrival, on request of Senator Freeman. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Files 2353, 2262, and 2456. House File 2353 On motion of Senator Freeman, House File 2353, a bill for an act relating to exemptions from distinguishing registration plates for motor vehicles, with report of committee recommending passage, was taken up for consideration. Senator Freeman 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. 2353), the vote was: Ayes, 31: Angelo Bartz Behn Borlaug Connolly Dearden Douglas Drake Flynn Freeman Gaskill Gettings Halvorson Harper Iverson Jensen King Kramer Lundby McCoy McKibben Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 18: Black Boettger Deluhery Dvorsky Fink Fraise Gronstal Hammond Hansen Hedge Horn Judge Kibbie Maddox McKean Palmer Szymoniak Vilsack Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 1:41 p.m. House File 2262 On motion of Senator King, 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, with report of committee recommending passage, was taken up for consideration. Senator Black asked and received unanimous consent that action on House File 2262 be deferred. House File 2456 On motion of Senator Maddox, 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, with report of committee recommending passage, was taken up for consideration. 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?" (H.F. 2456), 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 Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 1: Vilsack Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2210. House File 2210 On motion of Senator Dvorsky, House File 2210, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds and providing for the dissolution of the energy fund disbursement council and intermodal revolving loan fund, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky 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. 2210), 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 Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: McLaren Rife 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 Files 2353, 2456, and 2210 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2336. House File 2336 On motion of Senator Angelo, 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, 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?" (H.F. 2336), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2499. House File 2499 On motion of Senator Freeman, 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, with report of committee recommending passage, was taken up for consideration. The Senate stood at ease at 2:04 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 2:57 p.m., President Kramer presiding. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5267, filed by him on March 17, 1998, to page 5 of the bill. Senator Neuhauser asked and received unanimous consent to withdraw amendment S-5266, filed by her on March 17, 1998, to page 6 of the bill. Senator Freeman 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. 2499), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren 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 2499 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Files 2271, 530, and 2429. House File 2271 On motion of Senator Kibbie, House File 2271, a bill for an act relating to obsolete and unnecessary provisions of the Code, with report of committee recommending amendment and passage, was taken up for consideration. Senator Kibbie offered amendment S-5285, filed by the committee on State Government on March 19, 1998, to page 2 of the bill and moved its adoption. Amendment S-5285 was adopted by a voice vote. Senator Kibbie 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. 2271), 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 Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: McLaren Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. President pro tempore Redfern took the chair at 3:10 p.m. House File 530 On motion of Senator Redwine, 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, with report of committee recommending passage, was taken up for consideration. 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?" (H.F. 530), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 2429 On motion of Senator Hansen, House File 2429, a bill for an act relating to the regulation of physical exercise clubs, with report of committee recommending passage, was taken up for consideration. Senator Hansen 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. 2429), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren 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 Files 530 and 2429 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 58. House File 58 On motion of Senator Palmer, House File 58, a bill for an act relating to fees charged by an employer for copies of items in an employee's personnel file, with report of committee on Business and Labor Relations recommending passage on February 18, 1998, and report of committee on Ways and Means recommending passage on March 4, 1998, was taken up for consideration. Senator Palmer 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. 58), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS Senate File 2328 On motion of Senator Tinsman, Senate File 2328, a bill for an act specifying that dentists and physicians practicing obstetrics and gynecology are to be included as eligible participants in the volunteer health care provider program, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. Senator Tinsman offered amendment S-5133, filed by her on March 3, 1998, to the title page of the bill and moved its adoption. Amendment S-5133 was adopted by a voice vote. Senator Tinsman asked and received unanimous consent that House File 2340 be substituted for Senate File 2328, as amended. House File 2340 On motion of Senator Tinsman, House File 2340, a bill for an act relating to the inclusion of dentists and certain other medical specialists in the volunteer health care provider program, was taken up for consideration. Senator Lundby asked and received unanimous consent to withdraw amendment S-5152, filed by her on March 5, 1998, to pages 1, 2, and the title page of the bill. Senator Gronstal asked and received unanimous consent that action on House File 2340 be deferred. UNFINISHED BUSINESS Senate File 2407 On motion of Senator Douglas, Senate File 2407, by committee on Ways and Means, a bill for an act relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol, placed on the Unfinished Business Calendar on March 19, 1998, 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. 2407), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2246. House File 2246 On motion of Senator McKean, House File 2246, a bill for an act relating to the collection and payment of fees and expenses of county medical examiners, with report of committee recommending passage, was taken up for consideration. Senator McKean 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. 2246), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS Senate File 2365 On motion of Senator McKibben, Senate File 2365, by committee on Ways and Means, a bill for an act exempting certain rural water districts from provisions regarding the state tax imposed on sales and services, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. Senator McKibben offered amendment S-5168, filed by him on March 10, 1998, to page 1 and the title page of the bill and moved its adoption. Amendment S-5168 was adopted by a voice vote. 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. 2365), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2365, 2407, and House Files 58 and 2246 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2324. House File 2324 On motion of Senator Tinsman, House File 2324, a bill for an act relating to the statutory elements of certain forms of assault, 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. 2324), 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 Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: McLaren Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred March 16, 1998) Senate File 2284 The Senate resumed consideration of Senate File 2284, a bill for an act relating to rural improvement zones, deferred March 16, 1998. Senator Iverson offered amendment S-5259, filed by him on March 17, 1998, to page 1 of the bill. Senator Gronstal raised the point of order that amendment S-5259 was not germane to the bill under section 180 of Mason's Manual of Legislative Procedure. The Chair ruled the point not well taken and amendment S-5259 in order. Senator Iverson asked unanimous consent that action on amendment S-5259 and Senate File 2284 be deferred. Senator Iverson withdrew his request. Senator Gronstal asked and received unanimous consent that action on amendment S-5259 and Senate File 2284 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2412. House File 2412 On motion of Senator Fraise, 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, with report of committee recommending passage, was taken up for consideration. Senator Fraise 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. 2412), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McLaren 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 Files 2324 and 2412 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2471. House File 2471 On motion of Senator Maddox, House File 2471, a bill for an act concerning the number of supreme court justices and court of appeals judges, and including a contingent effective date, with report of committee recommending passage, was taken up for consideration. 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?" (H.F. 2471), the vote was: Ayes, 36: Angelo Bartz Behn Boettger Borlaug Douglas Drake Flynn Fraise Freeman Gaskill Gronstal Hammond Harper Hedge Horn Iverson Jensen Judge King Kramer Lundby Maddox McKean McKibben Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 13: Black Connolly Dearden Deluhery Dvorsky Fink Gettings Halvorson Hansen Kibbie McCoy Palmer Vilsack Absent or not voting, 1: McLaren 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 Dearden for the remainder of the day, on request of Senator Gronstal. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2476. House File 2476 On motion of Senator Rife, House File 2476, a bill for an act providing for connection to the Iowa communications network by the quad cities graduate center, with report of committee recommending passage, was taken up for consideration. Senator Connolly asked and received unanimous consent that action on House File 2476 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 721. House File 721 On motion of Senator Douglas, House File 721, a bill for an act relating to an insurance premium tax credit for eligible businesses under the new jobs and income program, with report of committee recommending amendment and passage, was taken up for consideration. Senator Douglas offered amendment S-5059, filed by the committee on Ways and Means on February 24, 1998, to page 1 of the bill and moved its adoption. Amendment S-5059 was adopted by a voice vote. President Kramer took the chair at 5:08 p.m. 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?" (H.F. 721), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Dearden Palmer 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 Files 2471 and 721 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2487. House File 2487 On motion of Senator Angelo, 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, with report of committee recommending passage, was taken up for consideration. Senator Hammond asked and received unanimous consent that action on House File 2487 be deferred. UNFINISHED BUSINESS Senate File 2351 On motion of Senator Palmer, Senate File 2351, a bill for an act relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. Senator Lundby offered amendment S-5302, filed by her from the floor to page 1 of the bill. The Senate stood at ease at 5:39 p.m. until the fall of the gavel. The Senate resumed session at 5:43 p.m., President Kramer presiding. Senator Lundby moved the adoption of amendment S-5302. Amendment S-5302 was adopted by a voice vote. Senator Palmer 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. 2351), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING House File 2487 The Senate resumed consideration of 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, previously deferred. Senator Hammond offered amendment S-5309, filed by her from the floor to page 1 of the bill. Senator Angelo asked and received unanimous consent that action on amendment S-5309 and House File 2487 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2351 be immediately messaged to the House. UNFINISHED BUSINESS Senate Concurrent Resolution 109 On motion of Senator Maddox, Senate Concurrent Resolution 109, a concurrent resolution to honor the memory of Jim Hancock, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. Senator Maddox moved the adoption of Senate Concurrent Resolution 109, which motion prevailed by a voice vote. BUSINESS PENDING House File 2262 The Senate resumed consideration of 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, previously deferred. Senator Black offered amendment S-5296, filed by him from the floor to page 1 and the title page of the bill, and moved its adoption. Amendment S-5296 was adopted by a voice vote. 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?" (H.F. 2262), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 105. House Concurrent Resolution 105 On motion of Senator Fink, House Concurrent Resolution 105, a concurrent resolution to designate March 29 of each year as Iowa State Flag Day, with report of committee recommending passage, was taken up for consideration. Senator Fink moved the adoption of House Concurrent Resolution 105, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2146. House File 2146 On motion of Senator Fink, House File 2146, a bill for an act establishing Iowa State Flag Day, with report of committee recommending passage, was taken up for consideration. Senator Fink 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. 2146), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McKibben for the remainder of the day, on request of Senator Iverson, and Senator Palmer for the remainder of the day, on request of Senator Gronstal. MOTION TO RECONSIDER ADOPTED Senator Szymoniak called up the following motion to reconsider House File 2271 filed by her from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which House File 2271 passed the Senate on March 23, 1998. On the question "Shall the motion to reconsider be adopted?" (H.F. 2271) the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Dearden McKibben Palmer Rife The motion prevailed. Senator Szymoniak moved to reconsider the vote by which House File 2271 went to its last reading, which motion prevailed by a voice vote. House File 2271 On motion of Senator Kibbie, House File 2271, a bill for an act relating to obsolete and unnecessary provisions of the Code, was taken up for reconsideration. Senator Szymoniak offered amendment S-5304, filed by Senators Szymoniak, Tinsman, and Boettger from the floor to page 1 of the bill and moved its adoption. Amendment S-5304 was adopted by a voice vote. Senator Kibbie 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. 2271), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Dearden McKibben Palmer Rife 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 Files 2146, 2262, 2271, House Concurrent Resolution 105, and Senate Concurrent Resolution 109 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 2357 On motion of Senator Borlaug, Senate File 2357, by committee on Ways and Means, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. Senator Borlaug moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2357), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McKibben Palmer 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 House Files 2492, 2438,and 2317. House File 2492 On motion of Senator Kibbie, House File 2492, a bill for an act relating to drainage districts, by extending the period for financing repairs and improvements, with report of committee recommending passage, was taken up for consideration. Senator Kibbie 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. 2492), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McKibben Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 2438 On motion of Senator Behn, House File 2438, a bill for an act relating to the regulation of commercial feed, with report of committee recommending passage, 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?" (H.F. 2438), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McKibben Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 2317 On motion of Senator Gaskill, 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, with report of committee recommending passage, was taken up for consideration. Senator Gaskill moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2317), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McKibben Palmer 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 File 2357 and House Files 2492, 2438, and 2317 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Files 2135, 2169, 2454, and 2502. House File 2135 On motion of Senator King, House File 2135, a bill for an act relating to a mid-America port commission agreement and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Tinsman asked and received unanimous consent that action on House File 2135 be deferred. House File 2169 On motion of Senator Maddox, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Maddox offered amendment S-5276, filed by the committee on Commerce on March 18, 1998, to page 1 and the title of the bill, and moved its adoption. Amendment S-5276 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?" (H.F. 2169), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McKibben Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. House File 2454 On motion of Senator Douglas, 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, with report of committee recommending passage, was taken up for consideration. Senator Douglas asked and received unanimous consent that action on House File 2454 be deferred. House File 2502 On motion of Senator Schuerer, 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, with report of committee recommending passage, was taken up for consideration. Senator Deluhery asked and received unanimous consent that action on House File 2502 be deferred. 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 23, 1998, passed the following bills in the which the concurrence of the House was asked: Senate File 2119, a bill for an act relating to the corn promotion board, by increasing the ceiling on the state assessment of corn subject to a special referendum and authorizing the receipt of rents, royalties, and license fees by the board. Senate File 2153, a bill for an act relating to affidavits of candidacy filed by candidates for public office. Senate File 2162, a bill for an act relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code. Senate File 2174, a bill for an act relating to agriculture by amending and eliminating provisions to reflect current practice, and transferring provisions. Senate File 2183, a bill for an act relating to a transfer of the records management duties of the department of general services to the department of cultural affairs and making conforming changes. Senate File 2184, a bill for an act relating to the disposal of cement kiln dust at tonnage fee exempt solid waste disposal facilities. Senate File 2189, a bill for an act relating to the number of bank offices which may be established by a bank within a municipal corporation or urban complex. Senate File 2220, a bill for an act relating to the definition of a chronic runaway. Senate File 2267, a bill for an act concerning the release of information by the department of transportation to governmental employees. Senate File 2288, a bill for an act relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date. Senate File 2319, a bill for an act revising the definition of the practice of land surveying. Senate File 2340, a bill for an act relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council. Senate File 2373, a bill for an act relating to certain crimes against persons, by permitting the retention as criminal history data of acquittals, dismissals, or adjudications based on mental condition if the charge involved injury to another, by providing for the collection and dissemination of information on the offense of stalking, by providing for the application of enhanced stalking penalties for persons who are the subject of certain restraining or protective orders and providing for the issuance of no-contact orders against persons who are arrested for the crimes of harassment or stalking and providing penalties. ALSO: That the House has on March 23, 1998, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 316, a bill for an act relating to the probationary period for deputy sheriffs (S-5299). Senate File 2023, a bill for an act relating to the issuance of ex- prisoner of war motor vehicle registration plates to surviving spouses (S-5303). Senate File 2136, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and providing effective and retroactive applicability dates (S-5298). Senate File 2192, a bill for an act relating to motor vehicle damage disclosure statements (S-5324). IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 2169 be immediately messaged to the House. APPENDIX APPOINTMENTS FROM THE GOVERNOR The following appointees were submitted by the Governor to the Secretary of the Senate for Senate confirmation (all appointees are submitted as members unless otherwise specified): TERM ACCOUNTANCY EXAMINING BOARD Linda Hopkins, Iowa City 5/1/98 - 4/30/01 Susan J. Loy, Cedar Falls 5/1/98 - 4/30/01 John M. Sklenar, Carroll 5/1/98 - 4/30/01 AFRICAN-AMERICANS, COMMISSION ON THE STATUS OF Jim C. Hester, Davenport 5/1/98 - 4/30/02 Isaiah J. Johnson, Denison 5/1/98 - 4/30/02 Camille V. Scully, Waterloo 5/1/98 - 4/30/02 AGRICULTURAL DEVELOPMENT AUTHORITY Mark W. Leonard, Holstein 5/1/98 - 4/30/04 Leslie S. Miller, Knoxville 5/1/98 - 4/30/04 Lois A. Schnoor, Maquoketa 5/1/98 - 4/30/04 ALCOHOLIC BEVERAGES COMMISSION Robert L. Cramer, Boone 5/1/98 - 4/30/03 ALCOHOLIC BEVERAGES DIVISION, ADMINISTRATOR OF THE Jack N. Nystrom, Boone 5/1/98 - 4/30/02 ARCHITECTURAL EXAMINING BOARD Carolyn E. Olsen, Minden 5/1/98 - 4/30/01 Norman H. Rudi, Ames 5/1/98 - 4/30/01 ATHLETIC TRAINER ADVISORY BOARD Alan J. Beste, Boone 5/1/98 - 4/30/01 Danny T. Foster, Iowa City 5/1/98 - 4/30/01 Denise A. Harklau, Ames 5/1/98 - 4/30/01 BARBER EXAMINERS, BOARD OF Alan L. Thompson, Ames 5/1/98 - 4/30/01 BEHAVIORAL SCIENCE EXAMINERS, BOARD OF Dr. Daniel E. Courtney, Mason City 5/1/98 - 4/30/99 Mildred L. Schnekloth, Eldridge 5/1/98 - 4/30/01 Linda S. Trudeau, Carroll 5/1/98 - 4/30/01 Stanton L. Visser, Rock Valley 5/1/98 - 4/30/01 BLIND, COMMISSION FOR THE John C. Wellman, Des Moines 5/1/98 - 4/30/01 CHIROPRACTIC EXAMINERS, BOARD OF Dr. Ronald C. Evans, Waukee 5/1/98 - 4/30/01 CITY DEVELOPMENT BOARD Dennis A. Plautz, Fort Dodge 5/1/98 - 4/30/04 CIVIL RIGHTS COMMISSION, DIRECTOR OF THE IOWA STATE Don B. Grove, Runnells 5/1/98 - Pleasure of Governor COMMUNITY ACTION AGENCIES, COMMISSION ON Arlyn E. Danker, Minden 5/1/98 - 4/30/00 Lois H. Eichacker, Fort Madison 5/1/98 - 4/30/01 Merl McFarlane, Oelwein 5/1/98 - 4/30/01 Catherine L. Whitfield, Des Moines 5/1/98 - 4/30/01 CORRECTIONS, BOARD OF Haywood Belle, Iowa City 5/1/98 - 4/30/02 COSMETOLOGY ARTS AND SCIENCES EXAMINERS, BOARD OF Susanne E. Wolrab, Cedar Rapids 5/1/98 - 4/30/01 CREDIT UNION REVIEW BOARD Patricia A. Berding, Sioux City 5/1/98 - 4/30/01 Diane L. Kollasch, Spirit Lake 5/1/98 - 4/30/01 CRIMINAL AND JUVENILE JUSTICE PLANNING ADVISORY COUNCIL Lorna M. Burnside, Storm Lake 5/1/98 - 4/30/02 Betty Jean Clark, Rockwell 5/1/98 - 4/30/02 Richard R. Phillips, Muscatine 5/1/98 - 4/30/02 David M. Roederer, Johnston 5/1/98 - 4/30/02 Ronald D. Stehl, Des Moines 5/1/98 - 4/30/02 Marvin L. Van Haaften, Pella 5/1/98 - 4/30/02 Carol D. Wood, Council Bluffs 5/1/98 - 4/30/02 DEAF, COMMISSION ON THE Polly A. Adam, Des Moines 5/1/98 - 4/30/01 Mary L. Negaard, Rock Valley 5/1/98 - 4/30/01 Marvin W. Tuttle, Des Moines 5/1/98 - 4/30/01 DEAF SERVICES, ADMINISTRATOR OF THE DIVISION OF Kathryn L. Baumann-Reese, Des Moines 5/1/98 - Pleasure of Governor DENTAL EXAMINERS, BOARD OF Dr. Thomas L. Bjorge, Le Mars 5/1/98 - 4/30/01 Dr. George F. North, Allison 5/1/98 - 4/30/01 Dr. Fred A. Riddle, Jr., Iowa City 5/1/98 - 4/30/01 DIETETIC EXAMINERS, BOARD OF Jean A. Anderson, Ames 5/1/98 - 4/30/01 ECONOMIC DEVELOPMENT BOARD, IOWA Lois H. Eichacker, Fort Madison 5/1/98 - 4/30/02 Eugene L. Larson, Swisher 5/1/98 - 4/30/02 EDUCATION, STATE BOARD OF Carlton W. Callison, Burlington 5/1/98 - 4/30/04 Kay E. Wagner, Bettendorf 5/1/98 - 4/30/04 EDUCATIONAL EXAMINERS, BOARD OF James E. Ehmen, Cedar Falls 5/1/98 - 4/30/02 EMERGENCY RESPONSE COMMISSION, IOWA Susan E. Lagneaux, Urbandale 5/1/98 - 4/30/01 EMPLOYMENT APPEAL BOARD Earl W. Seymour, Norwalk 5/1/98 - 4/30/04 ENGINEERING AND LAND SURVEYING EXAMINING BOARD Dwayne C. Garber, Beaman 5/1/98 - 4/30/01 Diana E. Hoogestraat, Glenwood 5/1/98 - 4/30/01 ETHICS AND CAMPAIGN DISCLOSURE BOARD, IOWA Geraldine M. Leinen, Davenport 5/1/98 - 4/30/04 Bernard L. McKinley, Waterloo 5/1/98 - 4/30/04 FOSTER CARE REVIEW BOARD, STATE CITIZEN Don T. Ross, Iowa City 5/1/98 - 4/30/02 Garoldine Y. Webb, Des Moines 5/1/98 - 4/30/02 GRAIN INDEMNITY FUND BOARD, IOWA Terry W. Evans, Corning 5/1/98 - 4/30/01 Bruce A. Yungclas, Webster City 5/1/98 - 4/30/01 HEARING AID DEALERS, BOARD FOR THE LICENSING AND REGULATION OF Michael D. Smith, Ames 5/1/98 - 4/30/01 HIGHER EDUCATION LOAN AUTHORITY, IOWA Kathryn A. Thieleke, Grimes 5/1/98 - 4/30/04 HUMAN INVESTMENT, IOWA COUNCIL ON Terence P. Greenley, Sigourney 5/1/98 - 4/30/01 Richard R. Horst, Bettendorf 3/15/98 - 4/30/99 Elaine A. Pfalzgraf, Cedar Falls 5/1/98 - 4/30/01 Charese E. Yanney, Sioux City 5/1/98 - 4/30/01 HUMAN RIGHTS, DIRECTOR OF THE DEPARTMENT OF Almo J. Hawkins, Des Moines 5/1/98 - Pleasure of Governor IPERS, INVESTMENT BOARD OF THE Michael A. Logan, Coralville 5/1/98 - 4/30/04 LANDSCAPE ARCHITECTURAL EXAMINING BOARD Jon F. Crose, Urbandale 5/1/98 - 4/30/01 Grace E. Nelson, Fredericksburg 5/1/98 - 4/30/01 Linda E. Sornsen, Ames 3/15/98 - 4/30/99 LAW ENFORCEMENT ACADEMY COUNCIL, IOWA Thomas E. Gustafson, Denison 5/1/98 - 4/30/02 Gerald R. Hinzman, Cedar Rapids 5/1/98 - 4/30/02 LOTTERY BOARD Emma M. Chance, Council Bluffs 5/1/98 - 4/30/02 Gary Hughes, Iowa City 5/1/98 - 4/30/02 MEDICAL EXAMINERS, BOARD OF Dr. James M. Caterine, Waukee 5/1/98 - 4/30/01 Mary C. Hodges, Wapello 5/1/98 - 4/30/01 Dr. Dale R. Holdiman, Sioux City 5/1/98 - 4/30/01 Dr. Teresa A. Mock, Mason City 5/1/98 - 4/30/01 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES COMMISSION Richard S. Campbell, Newton 5/1/98 - 4/30/01 Murlean Hall, Des Moines 5/1/98 - 4/30/01 Connie L. Lehan, Minden 5/1/98 - 4/30/01 Steven Reuter, Sumner 5/1/98 - 4/30/01 Beverly Zieman, Postville 5/1/98 - 4/30/01 MORTUARY SCIENCE EXAMINERS, BOARD OF James W. Barr, Fort Madison 5/1/98 - 4/30/01 Ricard R. Porter, Hawarden 5/1/98 - 4/30/01 NURSING EXAMINERS, BOARD OF Pamela E. Bradley, Urbandale 5/1/98 - 4/30/01 Merlin D. Hulse, Clarence 5/1/98 - 4/30/01 Richard A. Petersen, Sioux City 5/1/98 - 4/30/01 NURSING HOME ADMINISTRATORS, STATE BOARD OF EXAMINERS FOR Claudia J. Boeding, Hampton 5/1/98 - 4/30/01 Marilyn J. Finch, Grinnell 5/1/98 - 4/30/00 Terri J. Gunderson, Spencer 5/1/98 - 4/30/01 OPTOMETRY EXAMINERS, BOARD OF Jane F. Ecklund, Jefferson 5/1/98 - 4/30/01 Dr. Robert H. Sharp, Atlantic 5/1/98 - 4/30/01 PAROLE, CHAIRPERSON OF THE BOARD OF Charles W. Larson, Des Moines 5/1/98 - 4/30/02 PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, IOWA COMPREHENSIVE James M. Holcomb, Johnston 2/2/98 - 4/30/01 PHARMACY EXAMINERS, BOARD OF G. Kay Bolton, West Des Moines 5/1/98 - 4/30/01 Michael J. Seifert, Des Moines 5/1/98 - 4/30/01 PHYSICAL AND OCCUPATIONAL THERAPY EXAMINERS, BOARD OF Diana R. Brower, Saint Ansgar 5/1/98 - 4/30/01 Eric G. Jacobs, Cedar Rapids 5/1/98 - 4/30/01 PHYSICIAN ASSISTANT EXAMINERS, BOARD OF Dr. James M. Cunningham, Audubon 5/1/98 - 4/30/01 Mark G. Davis, Algona 5/1/98 - 4/30/01 PODIATRY EXAMINERS, BOARD OF Dr. Gregory J. Valkosky, Estherville 5/1/98 - 4/30/01 PREVENTION OF DISABILITIES POLICY COUNCIL Mickey R. McDaniel, Urbandale 5/1/98 - 4/30/01 Jerry D. Stilwell, Des Moines 5/1/98 - 4/30/01 Carol A. Watson, Iowa City 5/1/98 - 4/30/01 PROFESSIONAL LICENSING AND REGULATION, ADMINISTRATOR OF Roger A. Halvorson, Marquette 5/1/98 - 4/30/02 PSYCHOLOGY EXAMINERS, BOARD OF Dr. David B. Peterson, Iowa City 5/1/98 - 4/30/01 Connie L. Schmett, Clive 5/1/98 - 4/30/01 PUBLIC EMPLOYMENT RELATIONS BOARD Richard P. Moore, Cedar Rapids 5/1/98 - 4/30/02 PUBLIC SAFETY, COMMISSIONER OF Paul H. Wieck, II, Clive 5/1/98 - Pleasure of Governor RACING AND GAMING COMMISSION, STATE Jacquelyne I. Allen, Lamoni 5/1/98 - 4/30/01 RAILWAY FINANCE AUTHORITY, IOWA Joseph H. Harper, Davenport 5/1/98 - 4/30/04 REAL ESTATE APPRAISER EXAMINING BOARD Richard E. Bruce, Adel 5/1/98 - 4/30/01 John Jack W. Seuntjens, Mapleton 5/1/98 - 4/30/01 REAL ESTATE COMMISSION Terry W. Rogers, Council Bluffs 5/1/98 - 4/30/01 RENEWABLE FUELS AND COPRODUCTS ADVISORY COMMITTEE Greg J. Hayes, Ottumwa 5/1/98 - 4/30/00 RESPIRATORY CARE, STATE BOARD FOR William J. Motz, Sioux City 5/1/98 - 4/30/01 SCHOOL BUDGET REVIEW COMMITTEE Clark A. Yeager, Ottumwa 5/1/98 - 4/30/01 SMALL BUSINESS ADVISORY COUNCIL David W. Mackaman, Des Moines 5/1/98 - 4/30/02 Eugene W. Pierce, III, Bettendorf 5/1/98 - 4/30/02 Helen Saylor, Osceola 5/1/98 - 4/30/02 SOCIAL WORK EXAMINERS, BOARD OF William P. McCarty, Iowa City 5/1/98 - 4/30/01 Janice K. McCoy, Perry 5/1/98 - 4/30/01 SOIL CONSERVATION COMMITTEE, STATE Roger E. Howell, Earlham 5/1/98 - 4/30/04 Madeline J. Meyer, Odebolt 5/1/98 - 4/30/01 SPEECH PATHOLOGY AND AUDIOLOGY EXAMINERS, BOARD OF Alan K. Heidecker, Sioux Center 5/1/98 - 4/30/01 Kenneth L. Lowder, Iowa City 5/1/98 - 4/30/01 TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, CHAIRPERSON OF THE IOWA Richard H. Opie, Des Moines 5/1/98 - 4/30/00 TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA Mary A. Nelson, West Des Moines 5/1/98 - 4/30/04 TRANSPORTATION COMMISSION, STATE Gordon C. Kokenge, Clarinda 5/1/98 - 4/30/02 Daniel H. Wiedemeier, Burlington 5/1/98 - 4/30/02 VETERANS AFFAIRS, EXECUTIVE DIRECTOR OF THE COMMISSION OF Randy G. Brown, Osceola 5/1/98 - Pleasure of Governor VETERANS HOME, COMMANDANT OF THE IOWA Jack J. Dack, Marshalltown 5/1/98 - Pleasure of Governor VETERANS AFFAIRS, COMMISSION OF Muriel E. Allan, Maquoketa 5/1/98 - 4/30/02 Robert B. Leeman, Guttenberg 5/1/98 - 4/30/02 VETERINARY MEDICINE, IOWA BOARD OF Dr. Donald R. Jacobi, Harlan 5/1/98 - 4/30/01 WOMEN, COMMISSION ON THE STATUS OF Victoria L. Brown, Oskaloosa 5/1/98 - 4/30/02 Kathryn M. Burt, Marshalltown 5/1/98 - 4/30/02 Lisa L. Green, Indianola 5/1/98 - 4/30/02 Matthew R. Wissing, Davenport 5/1/98 - 4/30/02 WORKFORCE DEVELOPMENT BOARD, IOWA Dean E. Hicks, Mount Pleasant 5/1/98 - 4/30/02 Pat M. Marshall, Cedar Rapids 5/1/98 - 4/30/02 Earnest L. Nelson, Fort Madison 5/1/98 - 4/30/02 Norma J. Schmoker, Fort Dodge 5/1/98 - 4/30/02 APPOINTED BY THE CHAIR OF THE RACING AND GAMING COMMISSION RACING AND GAMING DIVISION OF THE DEPARTMENT OF INSPECTIONS AND APPEALS, ADMINISTRATOR OF THE Jack P. Ketterer, Altoona 5/1/98 - 4/30/02 The appointments were referred to the committee on Rules and Administration. GOVERNOR'S DEFERRAL LETTERS The following letters from the Governor were received in the office of the Secretary of the Senate on March 23, 1998: Pursuant to Iowa Code Section 2.32(4), the appointment to the Iowa Seed Capital Corporation, expiring 4/30/98, is being deferred because this board will sunset July 1, 1998, to be replaced by the Capital Investment Board. We will be making new appointments to the Capital Investment Board before July 1, 1998. Pursuant to Iowa Code Section 2.32(4), I am deferring the appointments for the six available positions on the Community Health Management Information System Governing Board. This action is being taken because the Administration and Regulation Appropriation Subcommittee of the Iowa Legislature is considering language to sunset the Community Health Management Information System Governing Board, effective December 31, 1998. Pursuant to Iowa Code Section 2.32(4), the appointment for the FINE Foundation Governing Board vacancy is being deferred because legislation is currently pending to change the composition of this board. Pursuant to Iowa Code Section 2.32 (4), the appointment for the position on the Board for the Licensing and Regulation of Hearing Aid Dealers, formerly held by Richard Clark, is being deferred because no appropriate candidate has been found for this position at this time. Pursuant to Iowa Code Section 2.32(4), the appointment to the Commission of Veterans Affairs, for the position formerly held by Mary Ellen White, is being deferred because no appropriate candidate has been found for this position at this time. Pursuant to Iowa Code Section 2.32(4), I am deferring the appointments for the five available positions on the Wallace Technology Transfer Foundation of Iowa because legislation is currently pending to sunset this board effective this year. Pursuant to Iowa Code Section 2.32(4), the appointment for the Iowa Workforce Development Board vacancy, formerly held by Alan Kabela, is being deferred because no appropriate candidate has been found for this position at this time. Sincerely, TERRY E. BRANSTAD Governor REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION The committee on Rules and Administration referred the following Governor's appointments to state boards, commissions, and departments to Senate standing committees as indicated for investigation on March 23, 1998: AGRICULTURE Mark W. Leonard - Agricultural Development Authority Leslie S. Miller - Agricultural Development Authority Lois A. Schnoor - Agricultural Development Authority Terry W. Evans - Grain Indemnity Fund Board, Iowa Bruce A. Yungclas - Grain Indemnity Fund Board, Iowa Roger E. Howell - Soil Conservation Committee, State Madeline J. Meyer - Soil Conservation Committee, State BUSINESS AND LABOR Earl W. Seymour - Employment Appeal Board Richard P. Moore - Public Employment Relations Board Dean E. Hicks - Workforce Development Board, Iowa Pat M. Marshall - Workforce Development Board, Iowa Earnest L. Nelson - Workforce Development Board, Iowa Norma J. Schmoker - Workforce Development Board, Iowa COMMERCE Patricia A. Berding - Credit Union Review Board Diane L. Kollasch - Credit Union Review Board Richard H. Opie - Telecommunications and Technology Commission, Chairperson of the Iowa Mary A. Nelson - Telecommunications and Technology Commission, Iowa EDUCATION Carlton W. Callison - Education, State Board of Kay E. Wagner - Education, State Board of James E. Ehmen - Educational Examiners, Board of Kathryn A. Thieleke - Higher Education Loan Authority, Iowa Clark A. Yeager - School Budget Review Committee HUMAN RESOURCES Alan J. Beste - Athletic Trainer Advisory Board Danny T. Foster - Athletic Trainer Advisory Board Denise A. Harklau - Athletic Trainer Advisory Board Dr. Daniel E. Courtney - Behavioral Science Examiners, Board of Mildred L. Schnekloth - Behavioral Science Examiners, Board of Linda S. Trudeau - Behavioral Science Examiners, Board of Stanton L. Visser - Behavioral Science Examiners, Board of John C. Wellman - Blind, Commission for the Arlyn E. Danker - Community Action Agencies, Commission on Lois H. Eichacker - Community Action Agencies, Commission on Merl McFarlane - Community Action Agencies, Commission on Catherine L. Whitfield - Community Action Agencies, Commission on Polly A. Adam - Deaf, Commission on the Mary L. Negaard - Deaf, Commission on the Marvin W. Tuttle - Deaf, Commission on the Kathryn L. Baumann-Reese - Deaf Services, Administrator of the Division of Don T. Ross - Foster Care Review Board, State Citizen Garoldine Y. Webb - Foster Care Review Board, State Citizen Terence P. Greenley - Human Investment, Iowa Council on Richard R. Horst - Human Investment, Iowa Council on Elaine A. Pfalzgraf - Human Investment, Iowa Council on Charese E. Yanney - Human Investment, Iowa Council on Almo J. Hawkins - Human Rights, Director of the Department of Richard S. Campbell - Mental Health and Developmental Disabilities Commission Murlean Hall - Mental Health and Developmental Disabilities Commission Connie L. Lehan - Mental Health and Developmental Disabilities Commission Steven Reuter - Mental Health and Developmental Disabilities Commission Beverly Zieman - Mental Health and Developmental Disabilities Commission Dr. James M. Cunningham - Physician Assistant Examiners, Board of Mark G. Davis - Physician Assistant Examiners, Board of Mickey R. McDaniel - Prevention of Disabilities Policy Council Jerry D. Stilwell - Prevention of Disabilities Policy Council Carol A. Watson - Prevention of Disabilities Policy Council Victoria L. Brown - Women, Commission on the Status of Kathryn M. Burt - Women, Commission on the Status of Lisa L. Green - Women, Commission on the Status of Matthew R. Wissing - Women, Commission on the Status of JUDICIARY Don B. Grove - Civil Rights Commission, Director of the Iowa State Haywood Belle - Corrections, Board of Lorna M. Burnside - Criminal and Juvenile Justice Planning Advisory Council Betty Jean Clark - Criminal and Juvenile Justice Planning Advisory Council Richard R. Phillips - Criminal and Juvenile Justice Planning Advisory Council David M. Roederer - Criminal and Juvenile Justice Planning Advisory Council Ronald D. Stehl - Criminal and Juvenile Justice Planning Advisory Council Marvin L. Van Haaften - Criminal and Juvenile Justice Planning Advisory Council Carol D. Wood - Criminal and Juvenile Justice Planning Advisory Council Charles W. Larson - Parole, Board of LOCAL GOVERNMENT Dennis A. Plautz - City Development Board NATURAL RESOURCES AND ENVIRONMENT James M. Holcomb - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive Greg J. Hayes - Renewable Fuels and Coproducts Advisory Committee SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Lois H. Eichacker - Economic Development Board, Iowa Eugene L. Larson - Economic Development Board, Iowa David W. Mackaman - Small Business Advisory Council Eugene W. Pierce, III - Small Business Advisory Council Helen Saylor - Small Business Advisory Council STATE GOVERNMENT Linda Hopkins - Accountancy Examining Board Susan J. Loy - Accountancy Examining Board John M. Sklenar - Accountancy Examining Board Jim C. Hester - African-Americans, Commission on the Status of Isaiah J. Johnson - African-Americans, Commission on the Status of Camille V. Scully - African-Americans, Commission on the Status of Robert L. Cramer - Alcoholic Beverages Commission Jack N. Nystrom - Alcoholic Beverages Division, Administrator of the Carolyn E. Olsen - Architectural Examining Board Norman H. Rudi - Architectural Examining Board Alan L. Thompson - Barber Examiners, Board of Dr. Ronald C. Evans - Chiropractic Examiners, Board of Susanne E. Wolrab - Cosmetology Arts and Sciences Examiners, Board of Dr. Thomas L. Bjorge - Dental Examiners, Board of Dr. George F. North - Dental Examiners, Board of Dr. Fred A. Riddle, Jr. - Dental Examiners, Board of Jean A. Anderson - Dietetic Examiners, Board of Susan E. Lagneaux - Emergency Response Commission, Iowa Dwayne C. Garber - Engineering and Land Surveying Examining Board Diana E. Hoogestraat - Engineering and Land Surveying Examining Board Geraldine M. Leinen - Ethics and Campaign Disclosure Board, Iowa Bernard L. McKinley - Ethics and Campaign Disclosure Board, Iowa Michael D. Smith - Hearing Aid Dealers, Board for the Licensing and Regulation of Michael A. Logan - IPERS, Investment Board of the Jon F. Crose - Landscape Architectural Examining Board Grace E. Nelson - Landscape Architectural Examining Board Linda E. Sornsen - Landscape Architectural Examining Board Emma M. Chance - Lottery Board Gary Hughes - Lottery Board Dr. James M. Caterine - Medical Examiners, Board of Mary C. Hodges - Medical Examiners, Board of Dr. Dale R. Holdiman - Medical Examiners, Board of Dr. Teresa A. Mock - Medical Examiners, Board of James W. Barr - Mortuary Science Examiners, Board of Ricard R. Porter - Mortuary Science Examiners, Board of Pamela E. Bradley - Nursing Examiners, Board of Merlin D. Hulse - Nursing Examiners, Board of Richard A. Petersen - Nursing Examiners, Board of Claudia J. Boeding - Nursing Home Administrators, State Board of Examiners for Marilyn J. Finch - Nursing Home Administrators, State Board of Examiners for Terri J. Gunderson - Nursing Home Administrators, State Board of Examiners for Jane F. Ecklund - Optometry Examiners, Board of Dr. Robert H. Sharp - Optometry Examiners, Board of G. Kay Bolton - Pharmacy Examiners, Board of Michael J. Seifert - Pharmacy Examiners, Board of Diana R. Brower - Physical and Occupational Therapy Examiners, Board of Eric G. Jacobs - Physical and Occupational Therapy Examiners, Board of Dr. Gregory J. Valkosky - Podiatry Examiners, Board of Roger A. Halvorson - Professional Licensing and Regulation, Administrator of Dr. David B. Peterson - Psychology Examiners, Board of Connie L. Schmett - Psychology Examiners, Board of Jacquelyne I. Allen - Racing and Gaming Commission, State Jack P. Ketterer - Racing and Gaming Division of the Department of Inspections and Appeals, Administrator of the Richard E. Bruce - Real Estate Appraiser Examining Board John "Jack" W. Seuntjens - Real Estate Appraiser Examining Board Terry W. Rogers - Real Estate Commission William J. Motz - Respiratory Care, State Board for William P. McCarty - Social Work Examiners, Board of Janice K. McCoy - Social Work Examiners, Board of Alan K. Heidecker - Speech Pathology and Audiology Examiners, Board of Kenneth L. Lowder - Speech Pathology and Audiology Examiners, Board of Randy G. Brown - Veterans Affairs, Executive Director of the Commission of Jack J. Dack - Veterans Home, Commandant of the Iowa Muriel E. Allan - Veterans Affairs, Commission of Robert B. Leeman - Veterans Affairs, Commission of Dr. Donald R. Jacobi - Veterinary Medicine, Iowa Board of TRANSPORTATION Thomas E. Gustafson - Law Enforcement Academy Council, Iowa Gerald R. Hinzman - Law Enforcement Academy Council, Iowa Paul H. Wieck, II - Public Safety, Commissioner of Gordon C. Kokenge - Transportation Commission, State Daniel H. Wiedemeier - Transportation Commission, State WAYS AND MEANS Joseph H. Harper - Railway Finance Authority, Iowa CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Charles V. Anderson, Ph.D., Iowa City - For the assistance provided to the 77th General Assembly in Occupational Hearing Loss. Senator Szymoniak (3/18/98). Kathy Kerst, Des Moines - For the assistance provided to the 77th General Assembly in Occupational Hearing Loss. Senator Szymoniak (3/18/98). Myrna M. Stephens, Davenport - For the assistance provided to the 77th General Assembly in Occupational Hearing Loss. Senator Szymoniak (3/18/98). REPORT OF COMMITTEE MEETING BUSINESS AND LABOR RELATIONS Convened: March 19, 1998, 11:30 a.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 HF 2443 and HF 2465. Adjourned: 11:34 a.m. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which House File 2336 passed the Senate on March 23, 1998. TOM VILSACK AMENDMENTS FILED S-5294 S.F. 2284 H. Kay Hedge S-5295 S.F. 2360 Robert E. Dvorsky S-5296 H.F. 2262 Dennis H. Black S-5297 H.F. 2290 Merlin E. Bartz Dennis H. Black S-5298 S.F. 2136 House S-5299 S.F. 316 House S-5300 H.F. 681 Bill Fink S-5301 H.F. 681 Bill Fink S-5302 S.F. 2351 Mary A. Lundby S-5303 S.F. 2023 House S-5304 H.F. 2271 Elaine Szymoniak Maggie Tinsman Nancy Boettger S-5305 H.F. 681 Bill Fink S-5306 S.F. 2280 Sheldon Rittmer S-5307 S.F. 2280 Sheldon Rittmer S-5308 H.F. 681 Bill Fink S-5309 H.F. 2487 Johnie Hammond S-5310 H.F. 2495 Rod Halvorson S-5311 S.F. 2280 Sheldon Rittmer S-5312 S.F. 2280 Sheldon Rittmer Mary Neuhauser S-5313 S.F. 2284 Stewart Iverson, Jr. S-5314 S.F. 2284 Michael E. Gronstal S-5315 S.F. 2284 Michael E. Gronstal S-5316 S.F. 2284 Michael E. Gronstal S-5317 S.F. 2284 Michael E. Gronstal S-5318 S.F. 2284 Michael E. Gronstal S-5319 S.F. 2284 Michael E. Gronstal S-5320 S.F. 2284 Michael E. Gronstal S-5321 S.F. 2284 Michael E. Gronstal S-5322 S.F. 2284 Michael E. Gronstal S-5323 H.F. 2476 Tom Flynn Mike Connolly S-5324 S.F. 2192 House S-5325 S.F. 2284 Michael E. Gronstal S-5326 S.F. 2284 Michael E. Gronstal S-5327 S.F. 2284 Michael E. Gronstal S-5328 S.F. 2284 Michael E. Gronstal S-5329 S.F. 2284 Michael E. Gronstal S-5330 S.F. 2284 Michael E. Gronstal S-5331 S.F. 2284 Michael E. Gronstal S-5332 S.F. 2284 Michael E. Gronstal S-5333 S.F. 2284 Michael E. Gronstal S-5334 S.F. 2284 Michael E. Gronstal S-5335 H.F. 2164 Stewart Iverson, Jr. S-5336 S.F. 2280 Sheldon Rittmer Elaine Szymoniak S-5337 H.F. 2487 Jeff Angelo S-5338 H.F. 382 Robert E. Dvorsky S-5339 S.F. 2284 Michael E. Gronstal ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:34 p.m., until 9:00 a.m., Tuesday, March 24, 1998. CORRECTION TO THE JOURNAL The Agriculture Committee Report on p. 792 for HF 2494 should read "WITHOUT RECOMMENDATION." 834 JOURNAL OF THE SENATE 71st Day 71st Day MONDAY, MARCH 23, 1998 835
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