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EIGHTIETH CALENDAR DAY FORTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 1, 1998 The Senate met in regular session at 9:15 a.m., President Kramer presiding. Prayer was offered by Chaplain Jack Mauldin of the Iowa Veterans Home, Marshalltown, Iowa. The Journal of Tuesday, March 31, 1998, was approved. 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, passed the following bill in which the concurrence of the Senate is asked: House File 2539, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Read first time and referred to committee on Appropriations. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Dvorsky, Horn, and Vilsack until they arrive, on request of Senator Gronstal; Senator McLaren until he returns, on request of Senator Bartz. CONFIRMATION OF GOVERNOR'S APPOINTMENTS In accordance with Senate Rule 59, Senator Iverson called up the following eligible appointees on the En Bloc Confirmation Calendar: Alan J. Beste, Athletic Trainer Advisory Board Danny T. Foster, Athletic Trainer Advisory Board Denise A. Harklau, Athletic Trainer Advisory Board Dr. David B. Peterson, Board of Behavioral Science Examiners Mildred L. Schnekloth, Board of Behavioral Science Examiners Stanton L. Visser, Board of Behavioral Science Examiners Arlyn E. Danker, Commission on Community Action Agencies Merl McFarlane, Commission on Community Action Agencies Catherine L. Whitfield, Commission on Community Action Agencies Kathryn L. Baumann-Reese, Administrator of the Division of Deaf Services Marvin W. Tuttle, Commission on the Deaf Don T. Ross, State Citizen Foster Care Review Board Garoldine Y. Webb, State Citizen Foster Care Review Board Terence P. Greenley, Iowa Council on Human Investment Richard R. Horst, Iowa Council on Human Investment Elaine A. Pfalzgraf, Iowa Council on Human Investment Charese E. Yanney, Iowa Council on Human Investment Almo J. Hawkins, Director of Department of Human Rights 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 Mark G. Davis, Board of Physician Assistant Examiners Mickey R. McDaniel, Prevention of Disabilities Policy Council Carol A. Watson, Prevention of Disabilities Policy Council Victoria L. Brown, Commission on the Status of Women Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: Dvorsky Horn McLaren Vilsack The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. HOUSE AMENDMENT CONSIDERED Senate File 2321 Senator Jensen called up for consideration Senate File 2321, a bill for an act relating to the confidentiality of certain records and reports held by the labor commissioner, amended by the House in House amendment S-5391 filed March 26, 1998. Senator Jensen offered amendment S-5456, filed by him from the floor to House amendment S-5391, and moved its adoption. Amendment S-5456 was adopted by a voice vote. Senator Jensen moved that the Senate concur in the House amendment as amended. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Jensen moved that the bill as amended by the House, further amended and concurred in by the Senate, 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. 2321), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge 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, none. Absent or not voting, 3: Dvorsky Horn Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 2257 Senator Borlaug called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5436 filed March 31, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Borlaug moved that the bill as amended by the House and concurred in by the Senate 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. 2257), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge 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, none. Absent or not voting, 3: Dvorsky Horn Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2321 and 2257 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:36 a.m., until 1:30 p.m. APPENDIX REPORT OF COMMITTEE MEETING SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: April 1, 1998, 11:08 a.m. Members Present: Lundby, Chair; Rittmer, Vice Chair; Hansen, Ranking Member; Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Members Absent: None. Committee Business: Recommended confirmation of governor's appointee. Adjourned: 11:20 a.m. STUDY BILLS RECEIVED SSB 2216 Natural Resources and Environment A concurrent resolution requesting that the legislative council establish an interim study committee to consider increasing the percent of oxygen by weight in motor vehicle fuel. SSB 2217 Natural Resources and Environment A concurrent resolution requesting the establishment of a conference to study the protection of the Loess Hills areas of this state. SUBCOMMITTEE ASSIGNMENTS SSB 2216 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Gaskill and Judge SSB 2217 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Black and Freeman AMENDMENTS FILED S-5456 S.F. 2321 John W. Jensen S-5457 H.F. 667 Mary Neuhauser S-5458 H.F. 2282 JoAnn Douglas S-5459 H.F. 2400 JoAnn Douglas S-5460 H.F. 2530 Mike Connolly S-5461 S.F. 2413 Mary Lou Freeman Patty Judge S-5462 S.F. 2415 Matt McCoy S-5463 S.F. 2415 Matt McCoy S-5464 S.F. 2415 Matt McCoy S-5465 H.F. 2175 Jerry Behn Merlin E. Bartz S-5466 H.F. 2164 Eugene S. Fraise S-5467 H.F. 2164 Eugene S. Fraise Don Gettings S-5468 S.F. 2391 House AFTERNOON SESSION The Senate reconvened at 1:43 p.m., President Kramer presiding. 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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fink until he returns, on request of Senator Gronstal. UNFINISHED BUSINESS House File 2049 On motion of Senator Bartz, House File 2049, a bill for an act relating to redemption by a county of certain parcels sold at property tax sale, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Bartz offered amendment S-5393, filed by him on March 26, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5393 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. 2049), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Douglas Drake 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, 3: Deluhery Dvorsky Fink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2495 On motion of Senator Rittmer, House File 2495, a bill for an act relating to the conduct of elections in the state, with report of committee without recommendation, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Halvorson offered amendment S-5310, filed by him on March 23, 1998, to pages 1, 7, 9, and to the title page of the bill. Senator Neuhauser asked that action on amendment S-5310 be deferred. Senator Neuhauser withdrew her request. Senator Halvorson moved the adoption of amendment S-5310 and requested a record roll call. On the question "Shall amendment S-5310 be adopted?" (H.F. 2495), the vote was: Ayes, 9: Bartz Black Fraise Gettings Gronstal Halvorson Hedge Kibbie McKean Nays, 40: Angelo Behn Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Freeman Gaskill Hammond Hansen Harper Horn Iverson Jensen Judge King Kramer Lundby Maddox McCoy McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Absent or not voting, 1: Fink Amendment S-5310 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?" (H.F. 2495), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 4: Gettings Halvorson McKean Vilsack Absent or not voting, 1: Fink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PRESENTATION OF VISITORS The Chair welcomed eleven eleventh grade students from Clarksville High School, Clarksville, Iowa, accompanied by Mr. and Mrs. Larry Backer, Mrs. Joyce Freese, Mrs. Lorna Schwartz, and Mrs. Ann Johnson. The students were present in the Senate gallery as guests of Senator Jensen. UNFINISHED BUSINESS (Deferred March 31, 1998) Senate File 2415 The Senate resumed consideration of Senate File 2415, a bill for an act relating to agricultural finance and providing an appropriation and taxation exemption, and providing an effective date, deferred on March 31, 1998. Senator McLaren offered amendment S-5476, filed by Senators McLaren and Kibbie from the floor, to pages 14, 15, and to the title page of the bill, and moved its adoption. Amendment S-5476 was adopted by a voice vote. Senator McCoy offered amendment S-5464, filed by him from the floor to page 16 of the bill, and moved its adoption. Amendment S-5464 lost by a voice vote. Senator McCoy offered amendment S-5462, filed by him from the floor to page 16 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5462 be adopted?" (S.F. 2415), the vote was: Ayes, 18: Connolly Dearden Deluhery Dvorsky Flynn Gettings Gronstal Halvorson Hammond Hansen Harper Horn Lundby McCoy McKean Neuhauser Szymoniak Vilsack Nays, 30: Angelo Bartz Behn Black Boettger Borlaug Douglas Drake Fraise Freeman Gaskill Hedge Iverson Jensen Judge Kibbie King Kramer Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Fink Palmer Amendment S-5462 lost. Senator Connolly offered amendment S-5473, filed by Senator Fink from the floor to page 17 of the bill. Senator McLaren raised the point of order that amendment S-5473 was not germane to the bill. The Chair ruled the point well taken and amendment S-5473 out of order. Senator McCoy offered amendment S-5463, filed by him from the floor to page 16 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5463 be adopted?" (S.F. 2415), the vote was: Ayes, 17: Connolly Dearden Deluhery Dvorsky Flynn Fraise Gronstal Halvorson Hammond Harper Horn McCoy Neuhauser Rife Rittmer Szymoniak Vilsack Nays, 32: Angelo Bartz Behn Black Boettger Borlaug Douglas Drake Freeman Gaskill Gettings Hansen Hedge Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Schuerer Tinsman Zieman Absent or not voting, 1: Fink Amendment S-5463 lost. PRESENTATION OF VISITORS The Chair welcomed fifth grade students from South Elementary of the Independence Community Schools, Rowley, Iowa, accompanied by Richard Krone. Senator Rehberg. ADOPTION OF RESOLUTION (Regular Calendar) Senate Resolution 105 Senator Iverson called up for consideration Senate Resolution 105. 1 SENATE RESOLUTION 105 2 BY RIFE, HAMMOND, NEUHAUSER, AND SZYMONIAK 3 a Senate Resolution congratulating the Drake Bulldogs, 4 Iowa State Cyclones, and Iowa Hawkeyes Women's 5 Basketball Teams. 6 WHEREAS, the citizens of Iowa are justly proud that 7 the Drake Bulldogs, Iowa State Cyclones, and Iowa 8 Hawkeyes Women's Basketball Teams were invited to the 9 1998 NCAA tournament and that each team had a 10 successful season; and 11 WHEREAS, the Drake Bulldogs Women's Basketball Team 12 greatly pleased all fans and Iowans by winning the 13 Missouri Valley Conference Championship for the second 14 consecutive year and by being chosen as the number 15 five seed in the Midwest Region for the NCAA 16 tournament; and 17 WHEREAS, the Iowa State Cyclones Women's Basketball 18 Team made the citizens of Iowa justly proud by 19 completing a successful season with a school record 25 20 wins, by finished second in the Big 12 Conference 21 22 (np) 23 regular season standings, and by being chosen as the 24 number four seed in the Mideast Region for the NCAA 25 tournament; and 26 WHEREAS, the Iowa Hawkeyes Women's Basketball Team 27 delighted the citizens of this state by being the 28 regular season Big Ten Conference champs, by being 29 chosen as the number four seed in the West Region for 30 the NCAA tournament, and by being invited to 31 participate in the NCAA tournament for the third 32 consecutive year; NOW THEREFORE, 1 BE IT RESOLVED BY THE SENATE, That the Senate 2 extends its congratulations to the Drake Bulldogs, 3 Iowa State Cyclones, and Iowa Hawkeyes Women's 4 Basketball Teams, and their coaches, Lisa Bluder, Bill 5 Fennelly, and Angie Lee, respectively, on their 6 successful seasons and expresses its appreciation for 7 the pride and excitement the teams brought to the 8 citizens of Iowa. Senator Rife moved the adoption of Senate Resolution 105, which motion prevailed by a voice vote and the resolution was adopted. SPECIAL GUESTS Senators Rife and Hammond introduced the Iowa State University Women's Basketball Team and their coach, National Coach of the Year Runner-Up, Bill Fennelly. Athletic Director Gene Smith was also present. Senator Szymoniak introduced the Drake University Women's Basketball Team and their coach, Lisa Bluder. MOTION TO RECONSIDER WITHDRAWN House File 2495 Senator Gronstal withdrew the following motion to reconsider filed by him from the floor: MADAM PRESIDENT: I move to reconsider the vote by which House File 2495 passed the Senate on April 1, 1998. MICHAEL E. GRONSTAL Senator Lundby took the chair at 3:42 p.m. President Kramer took the chair at 3:45 p.m. BUSINESS PENDING Senate File 2415 The Senate resumed consideration of Senate File 2415, a bill for an act relating to agricultural finance and providing an appropriation and taxation exemption, and providing an effective date, previously deferred. Senator McLaren 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. 2415), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 2: Dearden McCoy Absent or not voting, 1: Fink 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 House Files 2049, 2495, and Senate File 2415 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2335 Senator King called up for consideration Senate File 2335, a bill for an act relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and providing a penalty, amended by the House, and moved that the Senate concur in House amendment S-5348 filed March 24, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator King moved that the bill as amended by the House and concurred in by the Senate 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. 2335), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn 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, 2: Fink Fraise The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred March 31, 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 31, 1998. Senator Halvorson offered amendment S-5454, filed by him on March 31, 1998, to pages 1 and 3 of the bill, and moved its adoption. Amendment S-5454 lost by a voice vote. 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. 2487), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky 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: Fink 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 Neuhauser until she returns, on request of Senator Hansen. HOUSE AMENDMENT CONSIDERED Senate File 2338 Senator Schuerer called up for consideration Senate File 2338, a bill for an act relating to the entities responsible for assisting in international adoptions, amended by the House, and moved that the Senate concur in House amendment S-5347 filed March 24, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Schuerer moved that the bill as amended by the House and concurred in by the Senate 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. 2338), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Fink Neuhauser The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2136 On motion of Senator Gaskill, House File 2136, a bill for an act relating to agricultural drainage wells, by extending the date for complying with certain requirements, 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-5404, filed by him on March 30, 1998, to page 1 of the bill and moved its adoption. Amendment S-5404 was adopted by a voice vote. 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. 2136), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Fink Neuhauser The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2335, 2338, House Files 2487 and 2136 be immediately messaged to the House. 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, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2391, a bill for an act allowing probation for some operating-while-intoxicated offenders after service of a mandatory minimum sentence, permitting a .15 blood alcohol level to control the penalties applicable to an offender regardless of the margin of error associated with the test device, requiring the deletion from motor vehicle records after twelve years of certain youth license revocations for alcohol violations, and providing an effective date (S-5468). ALSO: That the House has on April 1, 1998, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 530, a bill for an act relating to the establishment of an E911 surcharge, providing for the distribution of the surcharge, and providing a pooling mechanism for the purchase of equipment necessary for an E911 system (S-5479). Senate File 2052, a bill for an act relating to programs involving government finance, by providing for the issuance of private activity bonds to administer programs by governmental entities, including the Iowa agricultural development authority and political subdivisions, and providing program assistance to beginning farmers (S-5474). ALSO: That the House has on April 1, 1998, passed the following bills in which the concurrence of the House was asked: Senate File 2294, a bill for an act relating to the payment of snowmobile and all-terrain vehicle title fees. Senate File 2364, a bill for an act relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions. Senate File 2399, a bill for an act providing for the merger of a limited partnership with other business entities. ALSO: That the House has on April 1, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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. INTRODUCTION OF RESOLUTIONS Senate Resolution 107, by committee on Rules and Administration, a senate resolution honoring Senator William D. Palmer. Read first time and placed on calendar. Senate Resolution 108, by committee on Rules and Administration, a senate resolution honoring Senator Mary Neuhauser. Senate Resolution 109, by committee on Rules and Administration, a senate resolution honoring Senator Patrick J. Deluhery for his years of legislative service. Read first time and placed on calendar. Senate Resolution 110, by committee on Rules and Administration, a senate resolution honoring Senator Don E. Gettings. Read first time and placed on calendar. Senate Resolution 111, by committee on Rules and Administration, a senate resolution honoring Senator Tom Vilsack. Read first time and placed on calendar. Senate Resolution 112, by committee on Rules and Administration, a senate resolution honoring Senator Wilmer Rensink. Read first time and placed on calendar. Senate Resolution 113, by committee on Rules and Administration, a senate resolution honoring Senator Michael W. Connolly for his years of legislative service. Read first time and placed on calendar. Senate Resolution 114, by committee on Rules and Administration, a senate resolution honoring Senator John W. Jensen for his years of legislative service. Read first time and placed on calendar. Senate Resolution 115, by committee on Rules and Administration, a senate resolution honoring Senator Don E. Gettings for his years of legislative service. Read first time and placed on calendar. Senate Resolution 116, by committee on Rules and Administration, a senate resolution honoring Senator Rod N. Halvorson for his years of legislative service. Read first time and placed on calendar. Senate Resolution 117, by committee on Rules and Administration, a senate resolution honoring Senator Andy McKean for his years of legislative service. Read first time and placed on calendar. APPENDIX BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 1, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2119 - 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. S.F. 2162 - Relating to the definition of the federal truth in lending act in the Iowa consumer credit code. S.F. 2174 - Relating to agriculture by amending and eliminating provisions to reflect current practices, and transferring provisions. S.F. 2189 - Relating to the number of bank offices which may be established by a bank within a municipal corporation or urban complex. S.F. 2192 - Relating to motor vehicle damage disclosure statements. S.F. 2267 - Concerning the release of information by the Department of Transportation to governmental employees. S.F. 2301 - Relating to the operation and regulation of banks and making technical corrections. S.F. 2319 - Revising the definition of the practice of land surveying. S.F. 2340 - Relating to the Iowa Egg Council and to an assessment on the sale of eggs for the support of the council. S.F. 2350 - Establishing a state employee deferred compensation trust fund. REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: April 1, 1998, 8:06 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Members Absent: None. Committee Business: Recommended confirmation of governor's appointees. Adjourned: 9:04 a.m. BUSINESS AND LABOR RELATIONS Convened: April 1, 1998, 9:40 a.m. Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member; Behn, Freeman, Gettings, Jensen, Palmer, Schuerer, and Zieman. Members Absent: Horn (excused). Committee Business: Recommended confirmation of governor's appointees. Adjourned: 9:44 a.m. EDUCATION Convened: April 1, 1998, 9:40 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Fink, Gaskill, Kibbie, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Members Absent: Dvorsky and Kramer (both excused). Committee Business: Recommended confirmation of governor's appointees. Adjourned: 9:50 a.m. JUDICIARY Convened: April 1, 1998, 1:07 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Boettger, Fraise, Halvorson, Hammond, Hansen, King, McKibben, and Redfern. Members Absent: Angelo, Drake, Harper, and Tinsman (all excused). Committee Business: Recommended confirmation of governor's appointees. Adjourned: 1:11 p.m. LOCAL GOVERNMENT Convened: April 1, 1998, 10:31 a.m. Members Present: Behn, Chair; Boettger, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Zieman. Members Absent: None. Committee Business: Recommended confirmation of governor's appointee. Adjourned: 10:34 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: April 1, 1998, 11:10 a.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; Black, Borlaug, Dearden, Deluhery, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Members Absent: Dvorsky (excused). Committee Business: Recommended confirmation of governor's appointees. Passed three resolutions. Adjourned: 11:16 a.m. STATE GOVERNMENT Convened: April 1, 1998, 10:37 a.m. Members Present: Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking Member; Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Members Absent: None. Committee Business: Recommended confirmation of governor's appointees. Adjourned: 11:00 a.m. TRANSPORTATION Convened: April 1, 1998, 10:03 a.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Douglas, Fraise, Gettings, Halvorson, Jensen, McKean, and McKibben. Members Absent: Freeman and Rittmer (both excused). Committee Business: Recommended confirmation of governor's appointees. Adjourned: 10:08 a.m. SUBCOMMITTEE ASSIGNMENTS Senate File 2414 APPROPRIATIONS: Borlaug, Chair; Rittmer and Vilsack House File 2533 APPROPRIATIONS: Rehberg, Chair; Horn and McLaren House File 2539 APPROPRIATIONS: Maddox, Chair; Dvorsky and McLaren GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to standing committees for investigation were placed on the En Bloc Calendar with recommendations for confirmation on April 1, 1998: AGRICULTURE Mark W. Leonard - Agricultural Development Authority Leslie S. Miller - Agricultural Development Authority Lois A. Schnoor - Agricultural Development Authority Terry W. Evans - Iowa Grain Indemnity Fund Board Roger E. Howell - State Soil Conservation Committee Madeline J. Meyer - State Soil Conservation Committee BUSINESS AND LABOR Earl W. Seymour - Employment Appeal Board Dean E. Hicks - Iowa Workforce Development Board Pat M. Marshall - Iowa Workforce Development Board Earnest L. Nelson - Iowa Workforce Development Board Norma J. Schmoker - Iowa Workforce Development Board EDUCATION Carlton W. Callison - State Board of Education Kay E. Wagner - State Board of Education James E. Ehmen - Board of Educational Examiners Kathryn A. Thieleke - Iowa Higher Education Loan Authority Clark A. Yeager - School Budget Review Committee JUDICIARY Don B. Grove - Director of the Iowa State Civil Rights Commission Haywood Belle - Board of Corrections 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 - Board of Parole LOCAL GOVERNMENT Dennis A. Plautz - City Development Board NATURAL RESOURCES AND ENVIRONMENT James M. Holcomb - Iowa Comprehensive Petroleum Underground Storage Tank Fund Board Greg J. Hayes - Renewable Fuels and Coproducts Advisory Committee SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Lois H. Eichacker - Iowa Economic Development Board Eugene L. Larson - Iowa Economic Development Board 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 - Commission on the Status of African-Americans Isaiah J. Johnson - Commission on the Status of African-Americans Camille V. Scully - Commission on the Status of African-Americans Robert L. Cramer - Alcoholic Beverages Commission Jack N. Nystrom - Administrator of the Alcoholic Beverages Division Carolyn E. Olsen - Architectural Examining Board Norman H. Rudi - Architectural Examining Board Alan L. Thompson - Board of Barber Examiners Dr. Ronald C. Evans - Board of Chiropractic Examiners Susanne E. Wolrab - Board of Cosmetology Arts and Sciences Examiners Dr. Thomas L. Bjorge - Board of Dental Examiners Dr. George F. North - Board of Dental Examiners Dr. Fred A. Riddle, Jr. - Board of Dental Examiners Jean A. Anderson - Board of Dietetic Examiners Susan E. Lagneaux - Iowa Emergency Response Commission Dwayne C. Garber - Engineering and Land Surveying Examining Board Diana E. Hoogestraat - Engineering and Land Surveying Examining Board Geraldine M. Leinen - Iowa Ethics and Campaign Disclosure Board Bernard L. McKinley - Iowa Ethics and Campaign Disclosure Board Michael D. Smith - Board for the Licensing and Regulation of Hearing Aid Dealers Michael A. Logan - Investment Board of the IPERS 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 - Board of Medical Examiners Mary C. Hodges - Board of Medical Examiners Dr. Dale R. Holdiman - Board of Medical Examiners Dr. Teresa A. Mock - Board of Medical Examiners James W. Barr - Board of Mortuary Science Examiners Ricard R. Porter - Board of Mortuary Science Examiners Pamela E. Bradley - Board of Nursing Examiners Merlin D. Hulse - Board of Nursing Examiners Richard A. Petersen - Board of Nursing Examiners Claudia J. Boeding - State Board of Examiners for Nursing Home Administrators Marilyn J. Finch - State Board of Examiners for Nursing Home Administrators Terri J. Gunderson - State Board of Examiners for Nursing Home Administrators Jane F. Ecklund - Board of Optometry Examiners Dr. Robert H. Sharp - Board of Optometry Examiners G. Kay Bolton - Board of Pharmacy Examiners Michael J. Seifert - Board of Pharmacy Examiners Diana R. Brower - Board of Physical and Occupational Therapy Examiners Eric G. Jacobs - Board of Physical and Occupational Therapy Examiners Dr. Gregory J. Valkosky - Board of Podiatry Examiners Roger A. Halvorson - Administrator of Professional Licensing and Regulation Dr. Daniel E. Courtney - Board of Psychology Examiners Connie L. Schmett - Board of Psychology Examiners Jacquelyne I. Allen - State Racing and Gaming Commission Jack P. Ketterer - Administrator of the Racing and Gaming Division of the Department of Inspections and Appeals 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 - State Board for Respiratory Care William P. McCarty - Board of Social Work Examiners Janice K. McCoy - Board of Social Work Examiners Alan K. Heidecker - Board of Speech Pathology and Audiology Examiners Kenneth L. Lowder - Board of Speech Pathology and Audiology Examiners Randy G. Brown - Executive Director of the Commission of Veterans Affairs Jack J. Dack - Commandant of the Iowa Veterans Home Muriel E. Allan - Commission of Veterans Affairs Robert B. Leeman - Commission of Veterans Affairs Dr. Donald R. Jacobi - Iowa Board of Veterinary Medicine TRANSPORTATION Thomas E. Gustafson - Iowa Law Enforcement Academy Council Gerald R. Hinzman - Iowa Law Enforcement Academy Council Paul H. Wieck, II - Commissioner of Public Safety Gordon C. Kokenge - State Transportation Commission Daniel H. Wiedemeier - State Transportation Commission GOVERNOR'S APPOINTEES PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointees assigned to standing committees for investigation were placed on the Individual Confirmation Calendar with recommendations for confirmation on April 1, 1998: AGRICULTURE Bruce A. Yungclas - Iowa Grain Indemnity Fund Board BUSINESS AND LABOR RELATIONS Richard P. Moore - Public Employment Relations Board COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 107, a resolution honoring Senator William D. Palmer. 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 108, a resolution honoring Senator Mary Neuhauser. 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 109, a resolution honoring Senator Patrick J. Deluhery for his years of legislative service. 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 110, a resolution honoring Senator Don E. Gettings. 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 111, a resolution honoring Senator Tom Vilsack. 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 112, a resolution honoring Senator Wilmer Rensink. 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 113, a resolution honoring Senator Michael W. Connolly for his years of legislative service. 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 114, a resolution honoring Senator John W. Jensen for his years of legislative service. 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 115, a resolution honoring Senator Don E. Gettings for his years of legislative service. 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 116, a resolution honoring Senator Rod N. Halvorson for his years of legislative service. 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 117, a resolution honoring Senator Andy McKean for his years of legislative service. 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. AMENDMENTS FILED S-5469 H.F. 2164 Patty Judge S-5470 H.F. 2164 Patty Judge S-5471 H.F. 2282 Derryl McLaren S-5472 H.F. 2335 Tom Vilsack S-5473 S.F. 2415 Bill Fink S-5474 S.F. 2052 House S-5475 H.F. 2533 Patricia Harper S-5476 S.F. 2415 Derryl McLaren John P. Kibbie S-5477 H.F. 2335 H. Kay Hedge John P. Kibbie Derryl McLaren Eugene S. Fraise S-5478 H.F. 2335 Derryl McLaren H. Kay Hedge John P. Kibbie Eugene S. Fraise S-5479 S.F. 530 House S-5480 H.F. 2496 Steven D. Hansen ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:38 p.m., until 9:00 a.m., Thursday, April 2, 1998. 1022 JOURNAL OF THE SENATE 80th Day 80th Day WEDNESDAY, APRIL 1, 1998 1023
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