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SEVENTY-THIRD CALENDAR DAY FORTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, March 25, 1998 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by Pastor Curt Kuhns of the Mennonite Church, Manson, Iowa. The Journal of Tuesday, March 24, 1998, was approved. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 35 present, 15 absent, and a quorum present. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 101. Senate Concurrent Resolution 101 On motion of Senator Dvorsky, Senate Concurrent Resolution 101, a concurrent resolution recognizing the notable achievements of the Jefferson High School Marching Band from Cedar Rapids, Iowa, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky moved the adoption of Senate Concurrent Resolution 101, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until his arrival, on request of Senator Dearden. UNFINISHED BUSINESS Senate File 2280 On motion of Senator Rittmer, Senate File 2280, by committee on Appropriations, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. The Senate stood at ease at 9:23 a.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 10:20 a.m., President Kramer presiding. SPECIAL GUESTS The Chair welcomed eleven Russian insurance executives. They will spend three weeks in Iowa and are sponsored by local Rotary Clubs and the Iowa Insurance Industry. Senator Redfern introduced fourteen Russian exchange students attending the University of Northern Iowa who were present on the floor of the Senate. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280. Senator McLaren offered amendment S-5355, filed by him on March 24, 1998, to pages 1-3, 6-8, 15, 16, and 18 of the bill, and moved its adoption. Amendment S-5355 was adopted by a voice vote. Senator Flynn offered amendment S-5353, filed by him on March 24, 1998, to page 6 of the bill. Senator Flynn asked and received unanimous consent that action on amendment S-5353 be deferred. Senator Harper offered amendment S-5360, filed by her on March 24, 1998, to page 6 of the bill and moved its adoption. Amendment S-5360 was adopted by a voice vote. Senator Boettger asked and received unanimous consent to withdraw amendment S-5242, filed by Senators Boettger and Neuhauser on March 12, 1998, to page 7 of the bill. With the withdrawal of amendment S-5242, the Chair ruled amendment S-5354, filed by Senator Neuhauser to amendment S-5242 on March 24, 1998, out of order. The Senate stood at ease at 10:45 a.m. until the fall of the gavel. The Senate resumed session at 10:54 a.m., President Kramer presiding. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Twenty-four eighth grade students from Ruthven-Ayrshire School, Ruthven, accompanied by Jon Josephson. Senator Kibbie. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280. Senator Vilsack offered amendment S-5372, filed by Senators Vilsack, Hammond, and Szymoniak from the floor to pages 7, 22, and the title page of the bill. Senator Bartz asked and received unanimous consent that action on amendment S-5372 be deferred. Senator Rittmer offered amendment S-5336, filed by Senators Rittmer and Szymoniak from the floor on March 23, 1998, to page 9 of the bill and moved its adoption. Amendment S-5336 was adopted by a voice vote. Senator Rittmer offered amendment S-5311, filed by him on March 23, 1998, to page 1 of the bill and moved its adoption. Amendment S-5311 was adopted by a voice vote. Senator Flynn asked and received unanimous consent to withdraw amendment S-5067, filed by him on February 26, 1998, to page 10 of the bill. Senator Flynn offered amendment S-5068, filed by him on February 26, 1998, to page 10 of the bill and moved its adoption. Senator Flynn asked and received unanimous consent that action on amendment S-5068 be deferred. Senator Rittmer offered amendment S-5306, filed by him on March 23, 1998, to page 13 of the bill and moved its adoption. Amendment S-5306 was adopted by a voice vote. Senator Boettger offered amendment S-5177, filed by her on March 11, 1998, to page 15 of the bill and moved its adoption. Amendment S-5177 was adopted by a voice vote. Senator Vilsack offered amendment S-5062, filed by him on February 26, 1998, to pages 16, 20, and 22 of the bill. Senator Szymoniak asked and received unanimous consent that action on amendment S-5062 be deferred. Senator Rittmer offered amendment S-5307, filed by him on March 23, 1998, to page 17 of the bill and moved its adoption. Amendment S-5307 was adopted by a voice vote. Senator Rittmer offered amendment S-5312, filed by him on March 23, 1998, to page 17 of the bill and moved its adoption. Amendment S-5312 was adopted by a voice vote. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: The Trinity United Methodist Women and the Cedar Falls First United Methodist Women, Cedar Falls, accompanied by Diane Nagle and Keith Scott. Senator Redfern. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280. Senator Flynn offered amendment S-5066, filed by him on February 26, 1998, to page 18 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5066 be adopted?" (S.F. 2280), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy McKibben Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Fink Amendment S-5066 lost. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Thirty students from Aquinas High School, Fort Madison. They were accompanied by Mr. Schuster. Senator Fraise. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280. Senator Rife offered amendment S-5358, filed by Senators Rife and Hammond on March 24, 1998, to pages 18 and 19 of the bill. Senator Iverson asked and received unanimous consent that action on amendment S-5358 and Senate File 2280 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 11:47 a.m., until 1:00 p.m. APPENDIX REPORT OF COMMITTEE MEETING AGRICULTURE Convened: March 25, 1998, 8:05 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Angelo, Bartz, Behn, Hedge, Rehberg, and Zieman. Members Absent: Judge, Ranking Member; Fraise, Gettings, Kibbie, Rife, Vilsack, and Black (excused). Committee Business: No committee business. Adjourned: 8:06 a.m. COMMITTEE REPORT APPROPRIATIONS Final Bill Action: *SENATE FILE 2410 (SSB 2208), a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing effective dates and an applicability provision. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 24: McLaren, Kramer, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, and Tinsman. Nays, none. Absent or not voting, 1: 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 Appropriations Committee on Senate File 2410, and they were attached to the committee report. AMENDMENTS FILED S-5366 S.F. 2280 Dennis H. Black S-5367 S.F. 2280 Dennis H. Black S-5368 S.F. 2280 Johnie Hammond Andy McKean S-5369 S.F. 2280 Patricia Harper S-5370 H.F. 382 Elaine Szymoniak Mary A. Lundby Mary Neuhauser S-5371 H.F. 382 Johnie Hammond S-5372 S.F. 2280 Tom Vilsack Johnie Hammond Elaine Szymoniak S-5373 H.F. 2473 Nancy Boettger S-5374 H.F. 2211 Merlin E. Bartz Eugene S. Fraise S-5375 S.F. 2280 Dennis H. Black S-5376 S.F. 2280 Andy McKean S-5377 S.F. 2280 Andy McKean AFTERNOON SESSION The Senate reconvened at 1:07 p.m., Senator Hedge presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 37 present, 13 absent, and a quorum present. President Kramer took the chair at 1:10 p.m. INTRODUCTION OF BILL Senate File 2410, by committee on Appropriations, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing effective dates and an applicability provision. Read first time and placed on Appropriations calendar. 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 25, 1998, passed the following bills in which the concurrence of the House was asked: Senate File 2112, a bill for an act concerning the sunset provision relating to the employment security administrative contribution surcharge and providing an effective date. Senate File 2310, a bill for an act relating to professional engineering licensure requirements for applicants with certain educational qualifications. ALSO: That the House has on March 25, 1998, amended the Senate amendment, concurred in the Senate amendment as amended, and adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 15, a concurrent resolution providing for the formation of a committee by the Legislative Council to conduct a comprehensive study of school finance and make recommendations for a revised school aid formula (S-5378). ALSO: That the House has on March 25, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 518, a bill for an act relating to the administration of state government, by providing for the practices of the department of general services, state procurement, motor vehicles, and state printing (S-5379). LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Harper until her arrival, on request of Senator Gaskill. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates, and amendment S-5358 by Senators Rife and Hammond to pages 18 and 19 of the bill, previously deferred. Senator McKean asked and received unanimous consent to withdraw amendment S-5193, filed by Senators McKean and Boettger on March 11, 1998, to page 19 of the bill. Senator Black asked and received unanimous consent to withdraw amendment S-5361, filed by him on March 24, 1998, to amendment S-5358. The Senate stood at ease at 1:24 p.m. until the fall of the gavel. The Senate resumed session at 1:32 p.m., Senator Hedge presiding. Senator Iverson asked and received unanimous consent that action on Senate File 2280 be deferred. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Files 2482, 2478, and House Joint Resolution 2003. House File 2482 On motion of Senator Jensen, 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, with report of committee recommending passage, was taken up for consideration. Senator Gronstal asked and received unanimous consent that action on House File 2482 be deferred. House File 2478 On motion of Senator Hammond, House File 2478, a bill for an act relating to confidentiality in the mediation process, with report of committee recommending passage, was taken up for consideration. Senator Hammond 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. 2478), 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 Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Harper Lundby 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 1:44 p.m. House Joint Resolution 2003 On motion of Senator Maddox, 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, 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.J.R. 2003), 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 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: Harper The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent to take up for consideration House Files 2465 and 2443. House File 2465 On motion of Senator Dearden, House File 2465, a bill for an act relating to workers' compensation by changing the name of the division and personnel responsible, providing for the commencement of compensation during a healing period, and providing for reporting requirements, with report of committee recommending passage, was taken up for consideration. Senator Dearden 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. 2465), 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 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: Harper The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 2443 On motion of Senator Horn, House File 2443, a bill for an act relating to state workers' compensation coverage for students at a community college participating in school-to-work programs, with report of committee recommending passage, was taken up for consideration. Senator Horn 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. 2443), 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 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: Harper 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 2478, 2465, 2443, and House Joint Resolution 2003 be immediately messaged to the House. The Senate stood at ease at 1:59 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 2:15 p.m., President Kramer presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack until his arrival, on request of Senator Iverson. BUSINESS PENDING House File 2482 The Senate resumed consideration of 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, previously deferred. Senator Gronstal offered amendment S-5382, filed by him from the floor to page 1 and the title page of the bill. Senator Jensen raised the point of order that amendment S-5382 was not germane to the bill. The Chair ruled the point well taken and amendment S-5382 out of order. Senator Jensen 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. 2482), 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 Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 1: Dearden Absent or not voting, 2: Harper Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates, and amendment S-5358 by Senators Rife and Hammond to pages 18 and 19 of the bill, previously deferred. Senator McKean offered amendment S-5383, filed by him from the floor to amendment S-5358 and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5383 to amendment S-5358 be adopted?" (S.F. 2280), the vote was: Ayes, 21: Angelo Bartz Behn Black Boettger Deluhery Fraise Gronstal Halvorson Hammond Hedge Iverson King Maddox McKean McKibben Palmer Redfern Redwine Szymoniak Zieman Nays, 26: Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Flynn Freeman Gaskill Gettings Hansen Horn Jensen Judge Kibbie Kramer Lundby McCoy McLaren Neuhauser Rensink Rife Rittmer Schuerer Tinsman Absent or not voting, 3: Harper Rehberg Vilsack Amendment S-5383 lost. Senator Black offered amendment S-5366, filed by him from the floor to amendment S-5358, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5366 to amendment S-5358 be adopted?" (S.F. 2280), the vote was: Ayes, 22: Bartz Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy McKean Rensink Szymoniak Vilsack Nays, 27: Angelo Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Harper Amendment S-5366 lost. Senator Halvorson raised the point of order that amendment S-5358 was not germane to the bill. The Chair ruled the point not well taken and amendment S-5358 in order. Senator Rife moved the adoption of amendment S-5358 and requested a record roll call. On the question "Shall amendment S-5358 be adopted?" (S.F. 2280), the vote was: Ayes, 41: Bartz Black Boettger Borlaug Connolly Dearden Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hansen Horn Iverson Jensen Judge Kibbie Kramer Lundby Maddox McCoy McKibben McLaren Neuhauser Palmer Redfern Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 8: Angelo Behn Deluhery Hammond Hedge King McKean Redwine Absent or not voting, 1: Harper Amendment S-5358 was adopted. With the adoption of amendment S-5358, the Chair ruled the following amendments out of order: Amendment S-5194 filed by Senators McKean, et al., on March 11, 1998, to page 19 of the bill; Amendment S-5377 filed by Senator McKean from the floor to amendment S-5194; and Amendment S-5368 filed by Senators Hammond and McKean from the floor to page 19 of the bill. Senator Dvorsky offered amendment S-5217, filed by Senator Harper on March 11, 1998, to page 19 of the bill and moved its adoption. Amendment S-5217 was adopted by a voice vote. Senator Hammond offered amendment S-5369, filed by Senator Harper from the floor to page 20 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5369 be adopted?" (S.F. 2280), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy McKean Neuhauser Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKibben Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Harper McLaren Rehberg Amendment S-5369 lost. Senator Black asked and received unanimous consent to withdraw amendment S-5367, filed by him from the floor to page 3 of the bill. Senator Black offered amendment S-5375, 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-5375 be adopted?" (S.F. 2280), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy McKean Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Harper Amendment S-5375 lost. Senator Flynn asked and received unanimous consent to withdraw amendment S-5353 to page 6 of the bill, previously deferred. Senator Bartz offered amendment S-5380, filed by him from the floor, to amendment S-5372. Senator McKean took the chair at 4:50 p.m. Senator Bartz moved the adoption of amendment S-5380. A record roll call was requested. On the question "Shall amendment S-5380 to amendment S-5372 be adopted?" (S.F. 2280), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 25: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 23: Black Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy McKean Neuhauser Palmer Szymoniak Vilsack Absent or not voting, 2: Dearden Rife Amendment S-5380 was adopted. President Kramer took the chair at 5:10 p.m. The Senate resumed consideration of amendment S-5372 by Senators Vilsack, Hammond, and Szymoniak to pages 7, 22, and the title page of the bill. Senator Bartz called for a division of amendment S-5372: page 1, lines 2-14 as division S-5372A; page 1, lines 15-50, and page 2 as division S-5372B. Senator Gronstal asked and received unanimous consent that action on amendment S-5372A be deferred. Senator Bartz raised the point of order that division S-5372B was not germane to the bill. The Chair ruled the point well taken and division S-5372B out of order. Senator Vilsack asked and received unanimous consent to withdraw division S-5372A, previously deferred. Senator Flynn asked and received unanimous consent to withdraw amendment S-5068 to page 10 of the bill, previously deferred. Senator McKean offered amendment S-5376, filed by him from the floor to page 15 of the bill and moved its adoption. Amendment S-5376 was adopted by a voice vote. Senator Szymoniak offered amendment S-5385, filed by Senators Szymoniak and Vilsack from the floor to amendment S-5062 and moved its adoption. A non-record roll call was requested. The ayes were 23, nays 25. Amendment S-5385 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Boettger for the remainder of the day, on request of Senator Iverson. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280. Senator Vilsack moved the adoption of amendment S-5062 to pages 16 and 22 of the bill, previously deferred. A record roll call was requested. On the question "Shall amendment S-5062 be adopted?" (S.F. 2280), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Absent or not voting, 2: Boettger Zieman Amendment S-5062 lost. Senator Rittmer 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. 2280), the vote was: Ayes, 49: Angelo Bartz Behn Black 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, 1: Boettger 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 2280, House File 2482, and Senate Concurrent Resolution 101 be immediately messaged to the House. APPENDIX PETITION The following petition was presented and placed on file by: Senator Maddox, from two hundred and fifty residents of Benton, Polk, Jasper, and Poweshiek Counties, favoring legislation for the exemption of sales tax for massage therapy. EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 25, 1998, when the vote was taken on Amendment S-5066 to Senate File 2280. Had I been present, I would have voted "aye." BILL FINK STUDY BILLS RECEIVED SSB 2213 Appropriations Relating to linked investment deposits by providing a low-interest loan program to assist persons involved in value-added agricultural processing. SSB 2214 Appropriations Relating to agricultural finance and providing an appropriation and taxation exemption, and providing an effective date. SSB 2215 Appropriations Providing for the regulation of bulk dry animal nutrient products, providing for fees and an appropriation, and providing penalties. SUBCOMMITTEE ASSIGNMENTS SSB 2213 APPROPRIATIONS: McLaren, Chair; Black, Rensink, Rife, and Vilsack SSB 2214 APPROPRIATIONS: McLaren, Chair; Black, Rensink, Rife, and Vilsack SSB 2215 APPROPRIATIONS: Rensink, Chair; Harper and Hedge AMENDMENTS FILED S-5378 H.C.R. 15 House S-5379 S.F. 518 House S-5380 S.F. 2280 Merlin E. Bartz S-5381 H.F. 2166 Allen Borlaug Neal Schuerer S-5382 H.F. 2482 Michael E. Gronstal S-5383 S.F. 2280 Andy McKean S-5384 S.F. 2360 O. Gene Maddox S-5385 S.F. 2280 Elaine Szymoniak Tom Vilsack S-5386 H.F. 2454 JoAnn Douglas Michael E. Gronstal S-5387 H.F. 2164 Eugene S. Fraise Don Gettings Richard F. Drake Dennis H. Black John P. Kibbie S-5388 H.F. 2348 Johnie Hammond Patricia Harper Robert E. Dvorsky ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:13 p.m., until 9:00 a.m., Thursday, March 26, 1998. 916 JOURNAL OF THE SENATE 73rd Day 73rd Day WEDNESDAY, MARCH 25, 1998 915
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