Senate Journal: Tuesday, March 31, 1998

  SEVENTY-NINTH CALENDAR DAY
  FORTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, March 31, 1998

  The Senate met in regular session at 9:13 a.m., President pro
  tempore Redfern presiding.

  Prayer was offered by the Reverend Paul Frederiksen, former
  pastor of the First United Methodist Church, Cedar Falls, Iowa, and
  current pastor of Emmanuel United Methodist Church of Des Moines,
  Iowa.

  President Kramer took the chair at 9:17 a.m.

  The Journal of Monday, March 30, 1998, was approved.

  The Senate stood at ease at 9:20 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:10 a.m., President Kramer
  presiding.

  President pro tempore Redfern took the chair at 11:13 a.m.

  UNFINISHED BUSINESS

  House File 2528

  On motion of Senator McKibben, House File 2528, a bill for an act
  establishing a graduated driver's license for young drivers, making
  penalties applicable, creating an interim study committee, and
  including an applicability provision and an effective date, with report
  of committee recommending passage, placed on the Unfinished
  Business Calendar on March 26, 1998, was taken up for consideration.
  President Kramer took the chair at 11:24 a.m.

  Senator McCoy offered amendment S-5441, filed by him from the
  floor to pages 8 and 9 of the bill.

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:

  Twenty-seven fifth grade students from Western Hills Elementary
  School, West Des Moines, Iowa, accompanied by Mary Huggins.
  President Kramer.

  BUSINESS PENDING

  House File 2528

  The Senate resumed consideration of House File 2528, and
  amendment S-5441.

  Senator McCoy moved the adoption of amendment S-5441.

  A record roll call was requested.

  On the question "Shall amendment S-5441 be adopted?" (H.F. 2528),
  the vote was:

  Ayes, 28:

  Black	Boettger	Borlaug	Dearden
  Deluhery	Douglas	Dvorsky	Fink
  Flynn	Fraise	Gronstal	Halvorson
  Hammond	Hansen	Harper	Judge
  Kibbie	King	McCoy	McKean
  Neuhauser	Palmer	Redfern	Rehberg
  Rensink	Schuerer	Szymoniak	Vilsack	

  Nays, 21:

  Angelo	Bartz	Behn	Drake
  Freeman	Gaskill	Gettings	Hedge
  Horn	Iverson	Jensen	Kramer
  Lundby	Maddox	McKibben	McLaren
  Redwine	Rife	Rittmer	Tinsman
  Zieman	
  Absent or not voting, 1:

  Connolly		

  Amendment S-5441 was adopted.

  Senator McCoy asked and received unanimous consent to
  withdraw amendment S-5438, filed by him from the floor to pages 11
  and 12 of the bill.

  Senator McCoy offered amendment S-5440, filed by him from the
  floor to pages 11 and 12 of the bill.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Connolly until he returns, on request of Senator Flynn.

  BUSINESS PENDING

  House File 2528

  The Senate resumed consideration of House File 2528 and
  amendment S-5440.

  Senator McCoy moved the adoption of amendment S-5440 and
  requested a record roll call.

  On the question "Shall amendment S-5440 be adopted?" (H.F. 2528),
  the vote was:

  Ayes, 21:

  Angelo	Black	Borlaug	Dearden
  Dvorsky	Fink	Flynn	Fraise
  Gettings	Gronstal	Hammond	Hansen
  Harper	Horn	Judge	Kibbie
  King	McCoy	Neuhauser	Szymoniak
  Vilsack	

  Nays, 27:

  Bartz	Behn	Boettger	Deluhery
  Douglas	Drake	Freeman	Gaskill
  Halvorson	Hedge	Iverson	Jensen
  Kramer	Lundby	Maddox	McKean
  McKibben	McLaren	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Tinsman	Zieman	

  Absent or not voting, 2:

  Connolly	Palmer			

  Amendment S-5440 lost.

  Senator Iverson asked and received unanimous consent that action
  on House File 2528 be deferred.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 104, by Freeman, a resolution offering
  sympathy and encouragement to Gustavus Adolphus College.

  Read first time and referred to committee on Rules and
  Administration.

  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 31, 1998, passed the following bills in which the
  concurrence of
  the House was asked:

  Senate File 2308, a bill for an act concerning eligible alternative
  retirement benefit systems for community college employees.

  Senate File 2356, a bill for an act relating to revolving funds to be
  administered by the department of general services and providing for
  funding for the revolving funds.

  Senate File 2371, a bill for an act relating to infectious and
  contagious diseases affecting livestock and providing penalties.

  ALSO:  That the House has on March 30, 1998, amended and passed the
  following
  bills in which the concurrence of the Senate is asked:
  Senate File 2257, a bill for an act relating to the regulation of and
  motor vehicle operation on the roads and streets of this state by
  providing for the classification of the system of roads and streets,
  authorizing easements on state-controlled lands, providing for the
  admissibility of official records of the state department of
  transportation, regulating motor vehicles and motor vehicle dealers,
  authorizing maintenance vehicles to stop or park on the traveled way
  of the roadway, allowing single trucks a variance on their maximum
  length, administering of motor vehicle laws by the state department
  of transportation concerning motor vehicle dealer sales, multiyear
  vehicle and vehicle dealer licensing, requiring the payment of certain
  civil penalties before issuance of temporary restricted licenses, and
  modifying the compilation requirements for airport sufficiency
  ratings (S-5436).

  Senate File 2325, a bill for an act amending the Uniform
  Securities Act, by regulating persons involved in managing
  investments, providing for the administration of the securities
  bureau, providing fees, and providing for penalties (S-5437).

  Senate File 2406, a bill for an act establishing a school ready
  children grant program to be administered by community
  empowerment area boards and the Iowa empowerment board,
  making an appropriation, and providing an effective date (S-5439).

  ALSO:  That the House has on March 30, 1998, passed the following bills in
  which
  the concurrence of the House was asked:

  Senate File 2357, 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.

  Senate File 2397, a bill for an act relating to the operation and
  regulation of certain insurance companies, miscellaneous provisions
  relating to small group health care coverage, the ability of certain
  insurers to bring an action in certain instances, and the elimination
  of countersigning resident agent provisions.

  ALSO:  That the House has on March 30, 1998, passed the following bills in
  which
  the concurrence of the Senate is asked:
  House File 2530, a bill for an act relating to the administration of
  the tax and related laws by the department of revenue and finance,
  including administration of state individual income, corporate
  income, franchise, sales, services, and use, motor fuel, cigarette and
  tobacco, local option, inheritance and estate, and property taxes and
  the livestock production credit; providing penalties; and including
  effective and retroactive applicability date provisions.

  Read first time and passed on file.

  House File 2533, a bill for an act relating to the funding of,
  operation of, and appropriation of moneys to the college student aid
  commission, the department of cultural affairs, the department of
  education, and the state board of regents, providing related statutory
  changes, and providing effective dates.

  Read first time and referred to committee on Appropriations.

  SIMILAR BILL RECEIVED

  On March 31, 1998, House File 2530 was received and attached to
  similar Senate File 2360 on the calendar.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:58 a.m.,
  until 2:00 p.m.
  APPENDIX

  EXPLANATIONS OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  March 30, 1998, when the vote was taken on Senate File 2410.  Had I been
  present, I
  would have voted "aye."

  BILL FINK

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  March 30, 1998, when the vote was taken on Senate File 2410.  Had I been
  present, I
  would have voted "aye."

  PATTY JUDGE

  SUBCOMMITTEE ASSIGNMENT

  House File 2494
  (Reassignment)

  AGRICULTURE:  Rensink, Chair; Angelo, Behn, Fraise, and Kibbie

  AMENDMENTS FILED

  S-5436		S.F. 2257	House
  S-5437		S.F. 2325	House
  S-5438		H.F. 2528	Matt McCoy
  S-5439		S.F. 2406	House
  S-5440		H.F. 2528	Matt McCoy
  S-5441		H.F. 2528	Matt McCoy
  S-5442		H.F. 2005	John W. Jensen
  S-5443		H.F. 2528	Larry McKibben
  AFTERNOON SESSION

  The Senate reconvened at 2:17 p.m., President Kramer presiding.

  SPECIAL GUEST

  President Kramer welcomed Marcey Machacek, "Mother of the
  Year."  Mrs. Machacek is the guest of Senator Rehberg.

  PRESENTATION OF VISITORS

  The Chair welcomed twenty-six fifth grade students from Charter
  Oak-Ute Elementary School, accompanied by Mrs. Keating.  Senator
  King.

  QUORUM CALL

  Senator Iverson requested a non-record roll call to determine that
  a quorum was present.

  The vote revealed 39 present, 11 absent, and a quorum present.

  UNFINISHED BUSINESS

  House File 2424

  On motion of Senator Boettger, House File 2424, a bill for an act
  providing for the expansion of the system of issuance of motor vehicle
  licenses by county treasurers, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on March 26, 1998, was taken up for consideration.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-5389, filed by him on March 26, 1998, to
  page 9 of the bill.

  Senator Drake offered amendment S-5251, filed by him on March 16,
  1998, to pages 14 and 15 of the bill and moved its adoption.

  Amendment S-5251 was adopted by a voice vote.
  Senator Boettger 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. 2424), the vote was:

  Ayes, 34:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Deluhery	Douglas
  Dvorsky	Fink	Fraise	Freeman
  Gaskill	Gettings	Harper	Hedge
  Horn	Iverson	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McKean	McKibben	Neuhauser	Palmer
  Redwine	Rehberg	Schuerer	Tinsman
  Vilsack	Zieman	

  Nays, 15:

  Connolly	Dearden	Drake	Flynn
  Gronstal	Halvorson	Hammond	Hansen
  Jensen	McCoy	Redfern	Rensink
  Rife	Rittmer	Szymoniak	

  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.

  The Senate stood at ease at 2:44 p.m. for the purpose of party
  caucuses.

  The Senate resumed session at 4:06 p.m., President Kramer presiding.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2295

  Senator Hedge called up for consideration Senate File 2295, a bill
  for an act relating to and making appropriations for agriculture and
  natural resources and providing an effective date, amended by the
  House, and moved that the Senate concur in House amendment
  S-5365, filed March 24, 1998.
  The motion failed by a voice vote and the Senate refused to
  concur in the House amendment.

  CONSIDERATION OF BILLS
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2415.

  Senate File 2415

  On motion of Senator McLaren, Senate File 2415, a bill for an act
  relating to agricultural finance and providing an appropriation and
  taxation exemption, and providing an effective date, was taken up for
  consideration.

  Senator McCoy asked and received unanimous consent that action
  on Senate File 2415 be deferred.

  UNFINISHED BUSINESS
  (Deferred March 23, 1998)

  House File 2454

  The Senate resumed consideration of 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,
  deferred March 23, 1998.

  Senator Douglas offered amendment S-5386, filed by Senators
  Douglas and Gronstal on March 25, 1998, to pages 2-5 of the bill and
  moved its adoption.

  Amendment S-5386 was adopted by a voice vote.

  Senator Douglas asked and received unanimous consent to
  withdraw amendment S-5398, filed by her on March 26, 1998, to
  pages 2-5 of the bill.
  Senator Black asked and received unanimous consent to withdraw
  amendment S-5340, filed by him on March 24, 1998, to page 6 of the
  bill.

  Senator Hansen offered amendment S-5351, filed by him on
  March 24, 1998, to pages 6 and 7 of the bill.

  Senator Douglas raised the point of order that amendment S-5351
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5351 out
  of order.

  Senator Hansen asked and received unanimous consent that
  action on House File 2454 be deferred.

  UNFINISHED BUSINESS

  House File 2211

  On motion of Senator Bartz, House File 2211, a bill for an act
  relating to the liability for and payment of medical costs and other
  expenses incurred by certain prisoners and escapees, with report of
  committee recommending passage, placed on the Unfinished Business
  Calendar on March 26, 1998, was taken up for consideration.

  Senator Fraise offered amendment S-5374, filed by Senators Bartz
  and Fraise on March 25, 1998, to page 1 and the title page of the bill,
  and moved its adoption.

  Amendment S-5374 was adopted by a voice vote.

  Senator Bartz moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 2211), 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.

  BUSINESS PENDING

  House File 2454

  The Senate resumed consideration of 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,
  previously deferred.

  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. 2454), 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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 2424, 2454, 2211, and Senate File 2295 be
  immediately messaged to the House.

  BUSINESS PENDING

  House File 2528

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

  Senator Freeman offered amendment S-5412, filed by her on
  March 30, 1998, to page 11 of the bill and moved its adoption.

  A non-record roll call was requested.

  The ayes were 40, nays 10.

  Amendment S-5412 was adopted.

  Senator McCoy offered amendment S-5435, filed by him on March 30,
  1998, to page 12 of the bill and moved its adoption.

  Amendment S-5435 was adopted by a voice vote.

  Senator Borlaug offered amendment S-5446, filed by Senators
  Borlaug, et al., from the floor to page 3 and the title page of the bill.

  Senator Hansen raised the point of order that amendment S-5446
  was not germane to the bill.
  The Chair ruled the point well taken and amendment S-5446 out
  of order.

  Senator Borlaug asked and received unanimous consent to
  withdraw amendment S-5417, filed by Senators Borlaug, et al., on
  March 30, 1998, to page 3 and the title page of the bill.

  Senator McKibben offered amendment S-5443, filed by him from
  the floor to page 7 of the bill, and moved its adoption.

  Amendment S-5443 was adopted by a voice vote.

  Senator Connolly asked and received unanimous consent that
  action on House File 2528 be deferred.

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 104, a resolution offering sympathy
  and
  encouragement to Gustavus Adolphus College.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Lundby, Redfern, and Rehberg.  Nays, none.  Absent or not voting, 1:
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ADOPTION OF RESOLUTION

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 104.

  Senate Resolution 104

  On motion of Senator Freeman, Senate Resolution 104, a
  resolution offering sympathy and encouragement to Gustavus
  Adolphus College, with report of committee recommending passage,
  was taken up for consideration.

  Senator Freeman moved the adoption of Senate Resolution 104,
  which motion prevailed by a voice vote.
  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 105, by Rife, Hammond, Neuhauser, and
  Szymoniak, a resolution congratulating the Drake Bulldogs, Iowa
  State Cyclones, and Iowa Hawkeyes Women's Basketball Teams.

  Read first time and referred to committee on Rules and
  Administration.

  Senate Resolution 106, by Szymoniak, Kramer, Iverson, and
  Gronstal, a resolution honoring Sergeant-at-Arms William L. Krieg
  and his wife Ruth on their fiftieth wedding anniversary.

  Read first time and referred to committee on Rules and
  Administration.

  HOUSE MESSAGE RECEIVED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on March 31, 1998, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 2085, a bill for an act relating to the responsibilities
  of the department of transportation, including vehicle equipment and
  parking regulation, postings of highway weight restrictions, and
  receipt of plans for city street construction (S-5444).

  The Senate stood at ease at 5:30 p.m. until the fall of the gavel.

  The Senate resumed session at 5:33 p.m., President Kramer
  presiding.

  UNFINISHED BUSINESS
  (Deferred March 23, 1998)

  House File 2135

  The Senate resumed consideration of House File 2135, a bill for an
  act relating to a mid-America port commission agreement and
  providing an effective date, deferred on March 23, 1998.
  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. 2135), 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
  (Deferred March 23, 1998)

  House File 2476

  The Senate resumed consideration of House File 2476, a bill for an
  act providing for connection to the Iowa communications network by
  the quad cities graduate center, deferred March 23, 1998.

  Senator Flynn offered amendment S-5323, filed by Senators Flynn
  and Connolly on March 23, 1998, to page 1 and the title page of the
  bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5323 be adopted?" (H.F. 2476),
  the vote was:
  Ayes, 22:

  Black	Connolly	Dearden	Dvorsky
  Fink	Flynn	Fraise	Gettings
  Gronstal	Halvorson	Hammond	Hansen
  Harper	Horn	Judge	Kibbie
  McCoy	Neuhauser	Palmer	Rife
  Szymoniak	Vilsack	

  Nays, 28:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Deluhery	Douglas	Drake
  Freeman	Gaskill	Hedge	Iverson
  Jensen	King	Kramer	Lundby
  Maddox	McKean	McKibben	McLaren
  Redfern	Redwine	Rehberg	Rensink
  Rittmer	Schuerer	Tinsman	Zieman	

  Absent or not voting, none.

  Amendment S-5323 lost.

  Senator Rife 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. 2476), the vote was:

  Ayes, 49:

  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, 1:

  Angelo	

  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
  (Deferred March 24, 1998)

  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,
  deferred on March 24, 1998.

  Senator Halvorson asked and received unanimous consent that
  action on House File 2487 be deferred.

  UNFINISHED BUSINESS

  House File 2164

  On motion of Senator Redwine, House File 2164, a bill for an act
  relating to local community and economic development planning
  assistance and the community builder program, with report of
  committee recommending passage, placed on the Unfinished Business
  Calendar on March 26, 1998, was taken up for consideration.

  Senator Iverson offered amendment S-5335, filed by him on March
  23, 1998, to page 2 and the title page of the bill.

  Senator Halvorson offered amendment S-5345, filed by him on
  March 24, 1998, to amendment S-5335 and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5345 to amendment S-5335
  be adopted?" (H.F. 2164), the vote was:

  Ayes, 16:

  Connolly	Deluhery	Dvorsky	Fink
  Fraise	Gettings	Gronstal	Halvorson
  Hammond	Hansen	Harper	Iverson
  Judge	Kibbie	McKean	Vilsack	
  Nays, 33:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Dearden	Douglas
  Drake	Flynn	Freeman	Gaskill
  Hedge	Horn	King	Kramer
  Lundby	Maddox	McCoy	McKibben
  McLaren	Neuhauser	Palmer	Redfern
  Redwine	Rehberg	Rensink	Rife
  Rittmer	Schuerer	Szymoniak	Tinsman
  Zieman	

  Absent or not voting, 1:

  Jensen			

  Amendment S-5345 lost.

  Senator Fraise offered amendment S-5387, filed by Senators
  Fraise, et al., on March 25, 1998, to amendment S-5335, moved its
  adoption, and requested a record roll call.

  On the question "Shall amendment S-5387 to amendment S-5335
  be adopted?" (H.F. 2164), the vote was:

  Ayes, 18:

  Black	Boettger	Douglas	Drake
  Fink	Flynn	Fraise	Gettings
  Gronstal	Hammond	Hansen	Harper
  Hedge	Judge	Kibbie	McKibben
  Neuhauser	Vilsack	

  Nays, 30:

  Angelo	Bartz	Behn	Borlaug
  Connolly	Dearden	Deluhery	Dvorsky
  Freeman	Gaskill	Halvorson	Horn
  Iverson	King	Kramer	Lundby
  Maddox	McCoy	McKean	McLaren
  Palmer	Redfern	Redwine	Rehberg
  Rensink	Rittmer	Schuerer	Szymoniak
  Tinsman	Zieman	

  Absent or not voting, 2:

  Jensen	Rife			

  Amendment S-5387 lost.
  Senator Fraise offered amendment S-5352, filed by Senators Fraise,
  Flynn, and Gettings, on March 24, 1998, to amendment S-5335.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Jensen for the remainder of the day, on request of Senator Borlaug.

  BUSINESS PENDING

  House File 2164

  The Senate resumed consideration of House File 2164, a bill for an
  act relating to local community and economic development planning
  assistance and the community builder program, and amendment S-
  5352 to amendment S-5335.

  Senator Fraise moved the adoption of amendment S-5352.

  Amendment S-5352 lost by a voice vote.

  Senator Fraise asked and received unanimous consent that action
  on amendment S-5335 and House File 2164 be deferred.

  BUSINESS PENDING

  House File 2528

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

  Senator Connolly offered amendment S-5453, filed by him from
  the floor to pages 1, 7, and 9 of the bill and moved its adoption.

  Amendment S-5453 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?" (H.F. 2528), the vote was:

  Ayes, 36:

  Angelo	Behn	Black	Boettger
  Borlaug	Connolly	Dearden	Deluhery
  Douglas	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Hansen	Hedge	Iverson	Jensen
  Judge	King	Kramer	Lundby
  Maddox	McKean	McKibben	Redfern
  Redwine	Rehberg	Rensink	Rittmer
  Szymoniak	Tinsman	Vilsack	Zieman	

  Nays, 14:

  Bartz	Gettings	Gronstal	Halvorson
  Hammond	Harper	Horn	Kibbie
  McCoy	McLaren	Neuhauser	Palmer
  Rife	Schuerer	

  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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 2528, 2135, and 2476 be immediately messaged to
  the House.

  BUSINESS PENDING

  House File 2164

  The Senate resumed consideration of House File 2164, a bill for an
  act relating to local community and economic development planning
  assistance and the community builder program, and amendment
  S-5335 by Senator Iverson to page 2 and the title page of the bill,
  previously deferred.
  Senator Fraise offered amendment S-5455, filed by Senators
  Fraise and Gettings from the floor, to amendment S-5335, moved its
  adoption, and requested a record roll call.

  On the question "Shall amendment S-5455 to amendment S-5335
  be adopted?" (H.F. 2164), the vote was:

  Ayes, 21:

  Bartz	Black	Connolly	Deluhery
  Douglas	Drake	Dvorsky	Fink
  Flynn	Fraise	Gettings	Gronstal
  Halvorson	Hammond	Harper	Hedge
  Judge	Kibbie	McKibben	Rensink
  Vilsack	

  Nays, 29:

  Angelo	Behn	Boettger	Borlaug
  Dearden	Freeman	Gaskill	Hansen
  Horn	Iverson	Jensen	King
  Kramer	Lundby	Maddox	McCoy
  McKean	McLaren	Neuhauser	Palmer
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Szymoniak	Tinsman
  Zieman	

  Absent or not voting, none.

  Amendment S-5455 lost.

  Senator Fraise asked and received unanimous consent that action
  on amendment S-5335 and House File 2164 be deferred.

  INTRODUCTION OF BILL

  Senate Joint Resolution 2004, by committee on Ways and
  Means, a joint resolution proposing amendments to the Constitution
  of the State of Iowa relating to the state budget by limiting state
  general fund expenditures and restricting certain state tax revenue
  changes.

  Read first time and placed on Ways and Means calendar.
  APPENDIX

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on March 31,
  1998, the Governor approved and transmitted to the Secretary of
  State the following bills:

  S.F. 2090 - Relating to compensation for the legal defense of indigent
  persons in
  prison disciplinary postconviction cases and providing an effective date and
  for
  retroactive applicability.

  S.F. 2183 - 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.

  S.F. 2184 - Relating to the disposal of cement kiln dust at tonnage fee
  exempt solid
  waste disposal facilities.

  S.F. 2220 - Relating to the definition of a chronic runaway.

  S.F. 2367 - Relating to county vital statistics by providing for the
  issuance of
  marriage licenses and eliminating the fee for county birth registrations.

  S.F. 2373 - 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.

  CERTIFICATES OF RECOGNITION

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

  David and Marlys Fisher, Hubbard - For being named 1998 Iowa Master Farmer
  by Wallaces Farmer Magazine.  Senator Iverson (3/31/98).

  Head Coach Curt Grim, Hubbard-Radcliffe High School - For being named the
  Central Iowa District Coach of the Year by the Iowa High School Baseball
  Coaches
  Association.  Senator Iverson (3/30/98).

  Eva Robertson, Webster City - For celebrating her 100th birthday.  Senator
  Iverson
  (3/31/98).
  REPORTS OF COMMITTEE MEETINGS

  RULES AND ADMINISTRATION

  Convened:  March 31, 1998, 12:05 p.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Judge, Kibbie, Lundby, Redfern, and Rehberg.

  Members Absent:  Maddox (excused).

  Committee Business:  Passed SR 104 and 11 additional resolutions.

  Adjourned:  12:15 p.m.

  RULES AND ADMINISTRATION

  Convened:  March 31, 1998, 5:30 p.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Judge, Kibbie, Lundby, Redfern, and Rehberg.

  Members Absent:  Maddox (excused).

  Committee Business:  Passed SR 105 and SR 106.

  Adjourned:  5:32 p.m.

  WAYS AND MEANS

  Convened:  March 31, 1998, 1:15 p.m.

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

  Members Absent:  None.

  Committee Business:  Approved SSB 2072.

  Adjourned:  2:14 p.m.

  COMMITTEE REPORTS

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 105, a resolution congratulating the
  Drake Bulldogs, Iowa State Cyclones, and Iowa Women's Basketball teams.

  Recommendation:  DO PASS.
  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Lundby, Redfern, and Rehberg.  Nays, none.  Absent or not voting, 1:
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 106, a resolution honoring
  Sergeant-at-
  Arms William L. Krieg and his wife Ruth on their fiftieth wedding
  anniversary.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Lundby, Redfern, and Rehberg.  Nays, none.  Absent or not voting, 1:
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  *SENATE JOINT RESOLUTION 2004 (SSB 2072), a joint
  resolution proposing amendments to the Constitution of the State of Iowa
  relating to
  the state budget by limiting state general fund expenditures and restricting
  certain
  state tax revenue changes.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 8:  Douglas, McKibben, Borlaug, Drake, Freeman, Hedge,
  McLaren,
  and Redfern.  Nays, 6:  Palmer, Connolly, Deluhery, Judge, Szymoniak, and
  Vilsack.
  Pass, 1:  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Ways and Means Committee on Senate Joint
  Resolution
  2004, and they were attached to the committee report.

  AMENDMENTS FILED

  S-5444		S.F. 2085	House
  S-5445		S.F. 2413	John W. Jensen
  S-5446		H.F. 2528	Allen Borlaug
  Neal Schuerer
  Steve King
  Wilmer Rensink
  John W. Jensen
  H. Kay Hedge
  Jeff Angelo
  Sheldon Rittmer
  Nancy Boettger
  Kitty Rehberg
  Lyle E. Zieman
  E. Thurman Gaskill
  Derryl McLaren
  S-5447		H.F. 2335	Tom Vilsack
  S-5448		H.F. 2335	H. Kay Hedge
  Eugene S. Fraise
  John P. Kibbie
  Derryl McLaren
  Tom Vilsack
  S-5449		H.F. 2120	Neal Schuerer
  S-5450		H.F. 2120	Neal Schuerer
  Richard F. Drake
  Tom Flynn
  Eugene S. Fraise
  S-5451		H.F. 2348	Robert E. Dvorsky
  S-5452		H.F. 2348	Robert E. Dvorsky
  S-5453		H.F. 2528	Mike Connolly
  S-5454		H.F. 2487	Rod Halvorson
  S-5455		H.F. 2164	Eugene S. Fraise
  Don Gettings

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:57 p.m.,
  until 9:00 a.m., Wednesday, April 1, 1998.
  988	JOURNAL OF THE SENATE	79th Day
  79th Day	TUESDAY, MARCH 31, 1998	989

© 1998 Cornell College and League of Women Voters of Iowa

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