Senate Journal: Monday, April 6, 1998

  EIGHTY-FIFTH CALENDAR DAY
  FORTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, April 6, 1998

  The Senate met in regular session at 10:08 a.m., President Kramer
  presiding.

  Prayer was offered by Reverend Linda Hansen Bibb and Reverend
  Stephen Bibb, pastors of the United Methodist Church, Corwith, Iowa.

  The Journal of Thursday, April 2, 1998, was approved.

  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  House File 2496 be referred from the Unfinished Business Calendar
  to the committee on Appropriations.

  QUORUM CALL

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

  Senator Hedge took the chair at 10:18 a.m.

  The vote revealed 32 present, 18 absent, and a quorum present.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2539.
  House File 2539

  On motion of Senator Maddox, House File 2539, a bill for an act
  relating to and making appropriations to the justice system and
  providing effective dates, with report of committee recommending
  amendment and passage, was taken up for consideration.

  The Senate stood at ease at 10:31 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:46 a.m., President Kramer
  presiding.

  Senator Iverson asked and received unanimous consent that action
  on House File 2539 be deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2391

  Senator McKean called up for consideration 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, amended by the House in House
  amendment S-5468 filed April 1, 1998.

  Senator Gronstal offered amendment S-5500, filed by him from
  the floor to pages 11 and 12 of amendment S-5468, and moved its
  adoption.

  Amendment S-5500 was adopted by a voice vote.

  Senator Rife asked and received unanimous consent that action on
  amendment S-5468 and Senate File 2391 be deferred.
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Vilsack and Palmer until they return, on request of Senator
  Gronstal.

  UNFINISHED BUSINESS

  Senate File 540

  On motion of Senator Iverson, Senate File 540, a bill for an act
  relating to workers' compensation by repealing the second injury
  compensation Act, eliminating the second injury fund, providing for
  the resolution of claims against the fund, including the imposition of
  an employer surcharge, providing for employee compensation for
  certain subsequent injuries, and providing an effective date, with
  report of committee recommending amendment and passage, placed
  on the Unfinished Business Calendar on March 19, 1998, was taken
  up for consideration.

  Senator Dearden called up the motion to reconsider amendment
  S-3651, filed by Senator Palmer from the floor and moved its adoption:

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-3651
  to Senate File 540 was adopted by the Senate on April 21, 1997.

  WILLIAM D. PALMER

  The motion prevailed by a voice vote and amendment S-3651 by
  Senator Palmer to page 2 of the bill was taken up for reconsideration.

  Senator Dearden asked and received unanimous consent that
  action on amendment S-3651 be deferred.

  Senator Dearden called up the following motion to reconsider
  amendment S-3648, filed by him from the floor and moved its
  adoption:

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-3648
  to Senate File 540 was adopted by the Senate on April 21, 1997.

  DICK L. DEARDEN
  The motion prevailed by a voice vote and amendment S-3648 by
  Senators Dearden and Kibbie to page 2 of the bill was taken up for
  reconsideration.

  Senator Dearden asked and received unanimous consent that
  action on amendment S-3648 be deferred.

  Senator Rife offered amendment S-5498 filed by Senators Rife and
  Dearden on April 2, 1998, striking everything after the enacting
  clause and to the title page of the bill and moved its adoption.

  Amendment S-5498 was adopted by a voice vote.

  With the adoption of amendment S-5498, the Chair ruled the
  following amendments out of order:

  Amendment S-3651 filed by Senator Palmer on April 21, 1997, to
  page 2 of the bill, previously deferred;

  Amendment S-3648 filed by Senators Dearden and Kibbie on
  April 21, 1997, to page 2 of the bill, previously deferred; and

  Amendment S-5014 filed by the committee on Business and Labor
  Relations on February 3, 1998, to page 1 of the bill.

  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?" (S.F. 540), the vote was:

  Ayes, 47:

  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	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Lundby	Palmer	Vilsack			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title as amended was agreed to.

  PRESENTATION OF VISITORS

  The Chair welcomed sixty fifth grade students from Audubon
  Middle School, Audubon, Iowa, who were present in the gallery.
  Senator Boettger.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2400

  Senator Bartz called up for consideration Senate File 2400, a bill
  for an act relating to the powers and duties of county treasurers and
  including an applicability date provision, amended by the House, and
  moved that the Senate concur in House amendment S-5483 filed
  April 2, 1998.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Bartz 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. 2400), the vote was:

  Ayes, 47:

  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	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Lundby	Palmer	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 2235

  Senator McKibben called up for consideration Senate File 2235, a
  bill for an act concerning judicial administration, amended by the
  House, and moved that the Senate concur in House amendment
  S-5346 filed March 24, 1998.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator McKibben 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. 2235), the vote was:

  Ayes, 47:

  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	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Lundby	Palmer	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 540, 2400, and 2235 be immediately messaged to
  the House.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Lundby until her arrival, on request of Senator Freeman.

  UNFINISHED BUSINESS

  House File 2120

  On motion of Senator Boettger, House File 2120, a bill for an act
  prohibiting the use of self-service displays in the offering for sale or
  sale of cigarettes or tobacco products, and providing a penalty, with
  report of committee recommending amendment and passage, placed
  on the Unfinished Business Calendar on March 26, 1998, was taken
  up for consideration.

  Senator Boettger offered amendment S-5278, filed by the
  committee on Human Resources on March 18, 1998, to page 2 of the
  bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5278 be adopted?" (H.F. 2120),
  the vote was:
  Ayes, 32:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Douglas	Drake
  Fink	Fraise	Freeman	Gaskill
  Gettings	Hansen	Hedge	Iverson
  Jensen	Judge	Kibbie	King
  Kramer	Maddox	McCoy	McKibben
  McLaren	Redfern	Rehberg	Rensink
  Rittmer	Schuerer	Tinsman	Zieman	

  Nays, 14:

  Connolly	Dearden	Deluhery	Dvorsky
  Flynn	Gronstal	Halvorson	Hammond
  Harper	Horn	McKean	Neuhauser
  Redwine	Szymoniak	

  Absent or not voting, 4:

  Lundby	Palmer	Rife	Vilsack		

  Amendment S-5278 was adopted.

  Senator Schuerer offered amendment S-5450, filed by Senators
  Schuerer, et al., on March 31, 1998, to pages 1 and 2 of the bill, and
  moved its adoption.

  Amendment S-5450 lost by a voice vote.

  Senator Schuerer asked and received unanimous consent to
  withdraw amendment S-5449, filed by him on March 31, 1998, to
  page 2 of the bill.

  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. 2120), the vote was:

  Ayes, 43:

  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	Judge	Kibbie
  King	Kramer	McCoy	McKean
  McKibben	McLaren	Neuhauser	Redfern
  Redwine	Rehberg	Rensink	Szymoniak
  Tinsman	Vilsack	Zieman	

  Nays, 4:

  Jensen	Maddox	Rife	Schuerer	

  Absent or not voting, 3:

  Lundby	Palmer	Rittmer			

  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 2325

  Senator Deluhery called up for consideration 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, amended by the House, and moved that the Senate
  concur in House amendment S-5437 filed March 31, 1998.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Deluhery 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. 2325), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Lundby	Palmer			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 2120 and Senate File 2325 be immediately messaged
  to the House.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2416.

  Senate File 2416

  On motion of Senator Maddox, Senate File 2416, a bill for an act
  relating to the replacement of property tax on property associated
  with electricity and natural gas with excise taxes associated with
  electricity and natural gas, establishing a statewide property tax on
  property associated with electricity and natural gas, providing for a
  special utility property tax levy or tax credit, providing for the Act's
  retroactive applicability, providing an effective date, and providing
  penalties, was taken up for consideration.

  The Senate stood at ease at 1:19 p.m. until the fall of the gavel for
  the purpose of party caucuses.
  The Senate resumed session at 2:32 p.m., President Kramer presiding.

  (Senate File 2416 was deferred.)

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Bartz until he returns, on request of Senator Boettger; Senator
  Gettings
  until he returns, on request of Senator Fraise.

  BUSINESS PENDING

  House File 2539

  The Senate resumed consideration of House File 2539, a bill for an
  act relating to and making appropriations to the justice system and
  providing effective dates, previously deferred.

  Senator Maddox offered amendment S-5497, filed by the
  committee on Appropriations on April 2, 1998, to pages 10-12, 29,
  and 31 of the bill.

  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-5507, filed by him from the floor to
  amendment S-5497.

  Senator Maddox called for a division of amendment S-5497:  lines
  1-6 as division S-5497A; lines 7-18 as division S-5497B; and lines
  19-24 as division S-5497C.

  Senator Maddox moved the adoption of division S-5497A.

  A record roll call was requested.

  On the question "Shall amendment S-5497 division A be adopted?"
  (H.F. 2539), the vote was:

  Ayes, 24:

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

  Nays, 22:

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

  Absent or not voting, 4:

  Bartz	Gettings	McLaren	Rife		

  Amendment S-5497 division A was adopted.

  Senator Maddox asked and received unanimous consent to
  withdraw amendment S-5497 division B.

  Senator Maddox moved the adoption of amendment S-5497
  division C, which motion prevailed by a voice vote and amendment
  S-5497 division C was adopted.

  Senator Dvorsky offered amendment S-5514, filed by him from the
  floor to pages 1 and 24 of the bill and moved its adoption.

  Amendment S-5514 was adopted by a voice vote.

  Senator Dvorsky offered amendment S-5513, filed by Senators
  Dvorsky, et al., from the floor to page 4 of the bill and moved its
  adoption.

  A non-record roll call was requested.

  The ayes were 22, nays 26.

  Amendment S-5513 lost.
  PRESENTATION OF VISITORS

  The Chair welcomed twenty-five twelfth grade students from
  Ruthven-Ayrshire High School, Ruthven, Iowa, accompanied by Jon
  Josephson.  Senator Kibbie.

  BUSINESS PENDING

  House File 2539

  The Senate resumed consideration of House File 2539, a bill for an
  act relating to and making appropriations to the justice system and
  providing effective dates.

  Senator Harper offered amendment S-5520, filed by her from the
  floor to page 9 of the bill, and moved its adoption.

  Amendment S-5520 lost by a voice vote.

  Senator Dvorsky offered amendment S-5515, filed by Senators
  Dvorsky and Hammond from the floor to pages 13 and 35 of the bill.

  Senator Maddox raised the point of order that amendment S-5515
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5515 out
  of order.

  Senator Dvorsky offered amendment S-5521, filed by him from the
  floor to page 20 of the bill, and moved its adoption.

  Amendment S-5521 lost.

  Senator Halvorson offered amendment S-5522, filed by him from
  the floor to page 26 of the bill, moved its adoption, and requested a
  record roll call.

  On the question "Shall amendment S-5522 be adopted?" (H.F. 2539),
  the vote was:
  Ayes, 18:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gronstal	Halvorson	Hammond	Harper
  Horn	Judge	Kibbie	Neuhauser
  Palmer	Szymoniak	

  Nays, 30:

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

  Absent or not voting, 2:

  Bartz	Gettings			

  Amendment S-5522 lost.

  Senator Black offered amendment S-5516, filed by him from the
  floor to page 28 of the bill, moved its adoption, and requested a record
  roll call.

  On the question "Shall amendment S-5516 be adopted?" (H.F. 2539),
  the vote was:

  Ayes, 19:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gronstal	Halvorson	Hammond	Hansen
  Harper	Horn	Judge	Kibbie
  McCoy	Palmer	Vilsack	

  Nays, 28:

  Angelo	Behn	Boettger	Borlaug
  Douglas	Drake	Freeman	Gaskill
  Hedge	Iverson	Jensen	King
  Kramer	Lundby	Maddox	McKean
  McKibben	McLaren	Neuhauser	Redfern
  Redwine	Rehberg	Rensink	Rife
  Schuerer	Szymoniak	Tinsman	Zieman	
  Absent or not voting, 3:

  Bartz	Gettings	Rittmer			

  Amendment S-5516 lost.

  Senator Dvorsky offered amendment S-5517, filed by him from the
  floor to page 33 of the bill, and moved its adoption.

  Amendment S-5517 lost by a voice vote.

  Senator Vilsack offered amendment S-5523, filed by him from the
  floor to pages 33-35 of the bill.

  Senator Maddox raised the point of order that amendment S-5523
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5523 out
  of order.

  Senator Vilsack asked and received unanimous consent that action
  on House File 2539 be deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2066

  Senator Behn called up for consideration Senate File 2066, a bill
  for an act relating to child support for a child completing high school
  graduation or equivalency requirements, amended by the House, and
  moved that the Senate concur in House amendment S-5485 filed by
  April 2, 1998.

  The motion lost by a voice vote and the Senate refused to concur
  in the House amendment.
  BUSINESS PENDING

  House File 2539

  The Senate resumed consideration of House File 2539, a bill for an
  act relating to and making appropriations to the justice system and
  providing effective dates, previously deferred.

  Senator Hammond offered amendment S-5518, filed by her from
  the floor to page 34 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5518 be adopted?" (H.F. 2539),
  the vote was:

  Ayes, 21:

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

  Nays, 28:

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

  Absent or not voting, 1:

  Bartz			

  Amendment S-5518 lost.

  Senator Vilsack offered amendment S-5525, filed by Senators
  Vilsack, et al., from the floor to page 34 of the bill, moved its adoption,
  and requested a record roll call.
  On the question "Shall amendment S-5525 be adopted?" (H.F. 2539),
  the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  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, 25:

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

  Absent or not voting, 3:

  Bartz	McKibben	Rittmer			

  Amendment S-5525 lost.

  Senator Hammond offered amendment S-5529, filed by Senators
  Hammond, et al., from the floor to page 35 of the bill.

  Senator Maddox raised the point of order that amendment S-5529
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5529 out
  of order.

  Senator Dvorsky offered amendment S-5512, filed by Senators
  Dvorsky and Vilsack from the floor to page 37 of the bill, moved its
  adoption, and requested a record roll call.

  On the question "Shall amendment S-5512 be adopted?" (H.F. 2539),
  the vote was:
  Ayes, 21:

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

  Nays, 28:

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

  Absent or not voting, 1:

  Bartz			

  Amendment S-5512 lost.

  Senator McCoy asked and received unanimous consent to
  withdraw amendment S-5505, filed by him from the floor to page 38
  of the bill.

  Senator McCoy asked and received unanimous consent to
  withdraw amendment S-5506, filed by him from the floor to page 32
  of the bill.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Judge for the remainder of the day, on request of Senator Gronstal;
  Senator Gettings until he returns, on request of Senator Fraise.

  BUSINESS PENDING

  House File 2539

  The Senate resumed consideration of House File 2539, a bill for an
  act relating to and making appropriations to the justice system and
  providing effective dates.
  Senator Maddox offered amendment S-5511, filed by him from the
  floor to page 34 of the bill.

  Senator Connolly raised the point of order that amendment
  S-5511 was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-5511
  in order.

  Senator Maddox moved the adoption of amendment S-5511, which
  motion prevailed by a voice vote, and amendment S-5511 was
  adopted.

  Senator Vilsack offered amendment S-5532, filed by him from the
  floor to page 34 of the bill, moved its adoption, and requested a record
  roll call.

  On the question "Shall amendment S-5532 be adopted?" (H.F. 2539),
  the vote was:

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 2:

  Bartz	Gettings	Judge		

  Amendment S-5532 lost.
  Senator Hammond offered amendment S-5534, filed by Senators
  Hammond, Connolly, and Fink from the floor to page 35 of the bill,
  moved its adoption, and requested a record roll call.

  On the question "Shall amendment S-5534 be adopted?" (H.F. 2539),
  the vote was:

  Ayes, 19:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gronstal	Halvorson	Hammond	Harper
  Horn	Kibbie	McCoy	Neuhauser
  Palmer	Szymoniak	Vilsack	

  Nays, 28:

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

  Absent or not voting, 3:

  Bartz	Gettings	Judge			

  Amendment S-5534 lost.

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

  On the question "Shall the bill pass?" (H.F. 2539), the vote was:

  Ayes, 44:

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

  Nays, 3:

  Connolly	Hammond	McCoy	

  Absent or not voting, 3:

  Bartz	Gettings	Judge			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  MOTIONS TO RECONSIDER WITHDRAWN

  Senate Joint Resolution 2004

  Senator Gronstal withdrew the motion to reconsider Senate Joint
  Resolution 2004, 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, filed by him on April 2, 1998, and found on page
  1050 of the Senate Journal.

  Senator McKibben withdrew the motion to reconsider Senate Joint
  Resolution 2004, filed by him on April 2, 1998, and found on page
  1050 of the Senate Journal.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 2539 and Senate Joint Resolution 2004 be
  immediately messaged to the House.

  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:

  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

  Leslie S. Miller, Agricultural Development Authority

  Lois A. Schnoor, Agricultural Development Authority

  Jack N. Nystrom, Administrator of the Alcoholic Beverages Division

  Carolyn E. Olsen, Architectural Examining Board

  Norman H. Rudi, Architectural Examining Board

  Dr. Ronald C. Evans, Board of Chiropractic Examiners

  Dennis A. Plautz, City Development Board

  Don B. Grove, Director of the Iowa State Civil Rights Commission

  Lois H. Eichacker, Commission on Community Action Agencies

  Susanne E. Wolrab, Board of Cosmetology Arts and Sciences
  Examiners

  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

  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

  Mary L. Negaard, Commission on the Deaf

  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

  Lois H. Eichacker, Iowa Economic Development Board

  Eugene L. Larson, Iowa Economic Development Board

  Carlton W. Callison, State Board of Education

  Kay E. Wagner, State Board of Education

  James E. Ehmen, Board of Educational Examiners

  Susan E. Lagneaux, Iowa Emergency Response Commission

  Earl W. Seymour, Employment Appeal Board

  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

  Kathryn A. Thieleke, Iowa Higher Education Loan Authority
  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

  Thomas E. Gustafson, Iowa Law Enforcement Academy Council

  Emma M. Chance, Lottery Board

  Gary Hughes, Lottery Board

  Dr. James M. Caterine, 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

  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

  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

  Paul H. Wieck, II, Commissioner of Public Safety

  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 W. "Jack" Seuntjens, Real Estate Appraiser Examining Board

  Terry W. Rogers, Real Estate Commission

  Greg J. Hayes, Renewable Fuels and Coproducts Advisory Committee

  William J. Motz, State Board for Respiratory Care

  Clark A. Yeager, School Budget Review Committee

  David W. Mackaman, Small Business Advisory Council

  Helen Saylor, Small Business Advisory Council

  William P. McCarty, Board of Social Work Examiners

  Janice K. McCoy, Board of Social Work Examiners

  Roger E. Howell, State Soil Conservation Committee
  Madeline J. Meyer, State Soil Conservation Committee

  Alan K. Heidecker, Board of Speech Pathology and Audiology
  Examiners

  Kenneth L. Lowder, Board of Speech Pathology and Audiology
  Examiners

  Gordon C. Kokenge, State Transportation Commission

  Daniel H. Wiedemeier, State Transportation Commission

  Muriel E. Allan, Commission of Veterans Affairs

  Robert B. Leeman, Commission of Veterans Affairs

  Dr. Donald R. Jacobi, Iowa Board of Veterinary Medicine

  Kathryn M. Burt, Commission on the Status of Women

  Lisa L. Green, Commission on the Status of Women

  Matthew R. Wissing, Commission on the Status of Women

  Dean E. Hicks, Iowa Workforce Development Board

  Earnest L. Nelson, Iowa Workforce Development Board

  Norma J. Schmoker, Iowa Workforce Development Board

  Senator Iverson moved that the foregoing appointees be confirmed
  by the Senate.

  On the question "Shall the appointees be confirmed?" the vote was:

  Ayes, 47:

  Angelo	Behn	Black	Boettger
  Borlaug	Connolly	Dearden	Deluhery
  Douglas	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gronstal	Halvorson	Hammond	Hansen
  Harper	Hedge	Horn	Iverson
  Jensen	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:

  Bartz	Gettings	Judge			

  The appointees having received a two-thirds vote were declared to
  have been confirmed by the Senate.

  MOTION TO RECONSIDER WITHDRAWN

  House File 2336

  Senator Vilsack withdrew the motion to reconsider House File
  2336, a bill for an act relating to the assumption of risk by and
  liability of forcible felons and persons aiding and abetting in the
  commission of forcible felonies for damages resulting from the
  offenders' criminal conduct, filed by him on March 23, 1998, found on
  page 848 of the Senate Journal.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 2336 be immediately messaged to the House.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator McCoy until he returns, on request of Senator Kramer; Senator Palmer
  until he returns, on request of Senator Horn.

  BUSINESS PENDING

  Senate File 2391

  The Senate resumed consideration of 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, and House amendment S-5468, previously deferred.

  Senator Rife offered amendment S-5528, filed by him from the floor
  to pages 1 and 14 of amendment S-5468, and moved its adoption.

  A non-record roll call was requested.

  The ayes were 20, nays 23.

  Amendment S-5528 lost.

  President pro tempore Redfern took the chair at 6:13 p.m.

  Senator Rife offered amendment S-5531, filed by him from the floor
  to pages 1 and 13 of amendment S-5468, and moved its adoption.

  Amendment S-5531 lost by a voice vote.

  Senator Rife offered amendment S-5535, filed by him from the
  floor to page 1 of amendment S-5468, and moved its adoption.

  A non-record roll call was requested.

  The ayes were 8, nays 33.

  Amendment S-5535 lost.

  Senator Rehberg offered amendment S-5527, filed by Senators
  Rehberg, Schuerer, and Rife from the floor to pages 1, 13, and 14 of
  amendment S-5468, and moved its adoption.

  A non-record roll call was requested.

  The ayes were 18, nays 28.

  Amendment S-5527 lost.
  Senator McKean 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 as amended.

  Senator McKean 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. 2391), the vote was:

  Ayes, 44:

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

  Nays, 2:

  Freeman	Rife	

  Absent or not voting, 4:

  Bartz	Gettings	Judge	Palmer		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2066 and 2391 be immediately messaged to the
  House.
  BUSINESS PENDING

  Senate File 2416

  The Senate resumed consideration of Senate File 2416, a bill for an
  act relating to the replacement of property tax on property associated
  with electricity and natural gas with excise taxes associated with
  electricity and natural gas, establishing a statewide property tax on
  property associated with electricity and natural gas, providing for a
  special utility property tax levy or tax credit, providing for the Act's
  retroactive applicability, providing an effective date, and providing
  penalties, previously deferred.

  President Kramer took the chair at 6:58 p.m.

  Senator Maddox offered amendment S-5508, filed by Senators
  Maddox and Deluhery from the floor to pages 4, 15, 16, 44-46, and 59
  of the bill, and moved its adoption.

  Amendment S-5508 was adopted by a voice vote.

  Senator Lundby offered amendment S-5536, filed by Senators
  Lundby, et al., from the floor to pages 46 and 62 of the bill and moved
  its adoption.

  Senator Maddox asked and received unanimous consent that
  action on amendment S-5536 be deferred.

  Senator Maddox withdrew his request.

  Senator Maddox called for a division of amendment S-5536:  lines
  1-6 as division S-5536A; and lines 7-24 as division S-5536B.

  Senator Maddox moved the adoption of amendment S-5536
  division A, which motion prevailed by a voice vote and S-5536
  division A was adopted.

  Senator Lundby moved the adoption of amendment S-5536
  division B.

  A non-record roll call was requested.
  The ayes were 17, nays 29.

  Amendment S-5536 division B lost.

  Senator Lundby offered amendment S-5539, filed by her from the
  floor to pages 15 and 16 of the bill, and moved its adoption.

  Amendment S-5539 lost by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 2416), the vote was:

  Ayes, 39:

  Angelo	Behn	Black	Boettger
  Borlaug	Dearden	Deluhery	Douglas
  Drake	Dvorsky	Flynn	Freeman
  Gaskill	Gettings	Gronstal	Hansen
  Harper	Hedge	Iverson	Jensen
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Redfern	Redwine	Rehberg
  Rensink	Rife	Schuerer	Szymoniak
  Tinsman	Vilsack	Zieman	

  Nays, 7:

  Connolly	Fink	Fraise	Halvorson
  Horn	Kibbie	Rittmer	

  Present, 1:

  Hammond

  Absent or not voting, 3:

  Bartz	Judge	Palmer		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senator Iverson asked and received unanimous consent that
  Senate File 2416 be immediately messaged to the House.
  INTRODUCTION OF BILL

  Senate File 2417, by committee on Appropriations, a bill for an
  act establishing a railroad revolving loan fund and making an
  appropriation.

  Read first time and placed on Appropriations calendar.

  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 118, by Szymoniak, a resolution
  congratulating Dr. Joan Roberts for being named the 1997 Iowa
  Secondary Principal of the Year.

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

  Senate Resolution 119, by Szymoniak, a resolution
  congratulating Ms. Ruth Ann Gaines for being named the Iowa
  Teacher of the Year for 1998.

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

  Senate Concurrent Resolution 112, by committee on Natural
  Resources and Environment, a concurrent resolution expressing
  support of conservation efforts in the Mississippi Blufflands.

  Read first time and placed on calendar.

  Senate Concurrent Resolution 113, by committee on 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.

  Read first time and placed on calendar.

  Senate Concurrent Resolution 114, by committee on 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.

  Read first time and placed on 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 April 2, 1998, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 2513, a bill for an act relating to the individual
  income tax by eliminating the taxation of certain capital gains and
  providing special treatment of gains from the sales of businesses to
  descendants, increasing the amount of pension income excluded,
  increasing certain personal exemption tax credits, and increasing and
  expanding the tuition and textbook tax credit, exempting sales and
  services to certain nonprofit hospitals from the sales, services, and
  use taxes, and relating to the income eligibility requirements for the
  homestead property tax credit, mobile home tax credit, or
  reimbursement for rent constituting property taxes paid, and
  including effective and prospective and retroactive applicability date
  provisions.

  Read first time and referred to committee on Ways and Means.

  ALSO:  That the House has on April 3, 1998, passed the following bills in
  which the
  concurrence of the House was asked:

  Senate File 2185, a bill for an act providing for the purchase of
  biodegradable hydraulic fluids manufactured from soybeans by state
  agencies.

  Senate File 2254, a bill for an act relating to charges for room
  and board by certain prisoners.

  Senate File 2261, a bill for an act relating to the criteria for the
  awarding of grandparent and great-grandparent visitation rights.
  Senate File 2372, a bill for an act relating to the standard
  uniforms of sheriffs and deputy sheriffs.

  Senate File 2407, a bill for an act relating to the extension of the
  reduced excise tax imposed on motor fuel containing ethanol.

  ALSO:  That the House has on April 3, 1998, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 2188, a bill for an act relating to debt collection
  (S-5504).

  Senate File 2311, a bill for an act relating to partnerships by
  replacing the existing law with a uniform partnership law and
  providing penalties and an effective date (S-5503).

  Senate File 2312, a bill for an act providing for child day care
  requirements for volunteers and for the number of children receiving
  care under the child care home pilot projects and providing an
  effective date (S-5502).

  ALSO:  That the House has on April 3, 1998, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  House File 681, a bill for an act creating an environmental audit
  privilege and immunity, and an environmental auditor training
  program, and providing penalties.

  House File 2169, a bill for an act raising the limit on the amount
  of assets subject to a conservatorship in cases where a private
  nonprofit corporation serves as conservator and providing for an
  increase in the amount of assets in a minor ward's conservatorship
  eligible for an order for termination of the conservatorship and for
  delivery of the conservatorship assets to certain custodians.

  House File 2211, a bill for an act relating to the liability for and
  payment of certain costs and other expenses relating to certain
  inmates, prisoners, and escapees.

  House File 2262, a bill for an act to permit out-of-state peace
  officers to act within this state pursuant to agreements with state or
  local authorities.
  House File 2394, a bill for an act providing for service of one
  hundred percent of the maximum sentence by and the suspension of a
  driver's license of a person charged with homicide by vehicle.

  ALSO:  That the House has on April 6, 1998, refused to concur in the Senate
  amendment to the following bill in which the concurrence of the House was
  asked:

  House File 2136, a bill for an act relating to agricultural drainage
  wells, by extending the date for complying with certain requirements.

  ALSO:  That the House has on April 6, 1998, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 2161, a bill for an act relating to the reporting and
  partner notification requirements relative to the human
  immunodeficiency virus (S-5533).

  Senate File 2376, a bill for an act relating to the operation of the
  lottery (S-5524).

  Senate File 2404, a bill for an act relating to cooperatives
  organized under Code chapter 501 (S-5537).

  Senate File 2405, a bill for an act providing for the joint
  construction or acquisition, furnishing, operation, and maintenance of
  public buildings by a county, city, and school district (S-5530).

  ALSO:  That the House has on April 6, 1998, passed the following bills in
  which the
  concurrence of the House was asked:

  Senate File 2072, a bill for an act providing for the appointment
  of an additional member to the family development and self-
  sufficiency council.

  Senate File 2218, a bill for an act relating to the issuance of
  highway travel permits to raw milk transporters whose motor trucks
  exceed gross weight and axle weight restrictions and establishing a
  fee.

  Senate File 2337, a bill for an act to allow distribution of the
  presentence investigation report under certain circumstances.
  Senate File 2351, a bill for an act relating to the time for review
  of the reorganization of a public utility by the utilities board and
  providing an effective date.

  Senate File 2383, a bill for an act relating to amusement ride
  rider safety, providing a penalty, and providing an effective date.

  ALSO:  That the House has on April 6, 1998, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  House File 382, a bill for an act relating to the validity of certain
  marriages.

  House File 2162, a bill for an act relating to nonsubstantive Code
  corrections and including a retroactive applicability provision.

  House File 2271, a bill for an act relating to obsolete and
  unnecessary provisions of the Code.

  House File 2424, a bill for an act providing for the expansion of
  the system of issuance of motor vehicle licenses by county treasurers.

  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.

  House File 2473, a bill for an act providing for mediation in
  disputes involving agricultural producers.

  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.
  APPENDIX

  BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT:  The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  6th day of
  April, 1998:

  Senate Files 2288 and 2338.

  MARY PAT GUNDERSON
  Secretary of the Senate

  The Chief Clerk of the House submitted the following report:

  MR. SPEAKER:  The Chief Clerk of the House respectfully reports that the
  following bills have been examined and found correctly enrolled, signed by
  the Speaker
  of the House and the President of the Senate, and presented to the Governor
  for his
  approval on this 6th day of April, 1998:

  House Files 2339, 2468, 2482, 2490, and 2523.

  ELIZABETH ISAACSON
  Chief Clerk of the House

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 6, 1998,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 2112 - Concerning the sunset provision relating to the employment
  security
  administrative contribution surcharge and providing an effective date.

  S.F. 2153 - Relating to affidavits of candidacy filed by candidates for
  public office.

  S.F. 2269 - Providing for the conversion of the existing advisory boards for
  athletic
  training and massage therapy into full regulatory examining boards.

  S.F. 2310 - Relating to engineering licensure requirements for applicants
  with
  certain educational qualifications.

  S.F. 2356 - Relating to revolving funds to be administered by the Department
  of
  General Services and providing for funding for the revolving funds.
  S.F. 2371 - Relating to infectious and contagious diseases affecting
  livestock and
  providing penalties.

  S.F. 2397 - 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.

  H.F. 2392 - Relating to permitting the display of new motor trucks by
  nonresident
  motor vehicle dealers at qualified events in this state, establishing a fee,
  and providing
  an effective date.

  H.F. 2402 - Amending the crime of burglary in the first degree to include
  commission of sexual abuse as a possible element of the offense.

  H.F. 2443 - Relating to state workers' compensation coverage for students at
  a
  community college participating in school-to-work programs.

  H.F. 2465 - 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.

  H.F. 2478 - Relating to confidentiality in the mediation process.

  H.J.R. 2003 - Approving the request by the state public defender to
  establish the
  Fort Dodge satellite public defender office as a separate local public
  defender office.

  PETITION

  The following petition was presented and placed on file by:

  Senator Fink, from two hundred and forty-four residents of Warren
  County, favoring legislation on the passage of House File 2005.

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  2,
  1998, when the votes were taken on House Files 2168, 2175, and 2281.  Had I
  been
  present, I would have voted "aye."  Also, I was necessarily absent from the
  Senate
  chamber on April 2, 1998, when the vote was taken on Senate Joint Resolution
  2004.
  Had I been present, I would have voted "nay."

  TOM VILSACK

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:
  February 16, 1998

  DEPARTMENT OF HUMAN SERVICES

  Annual Report as required by Section 331.438[4b(13)].

  SOLID WASTE FEES AND INCENTIVES
  STUDY COMMITTEE

  Final Report

  February 18, 1998

  STATE LIBRARY OF IOWA
  USE OF IOWA COMMUNICATIONS NETWORK

  Annual Report

  February 23, 1998

  IOWA DEPARTMENT OF HUMAN RIGHTS
  IOWA CRIMINAL AND JUVENILE JUSTICE PLAN

  1998 Update, pursuant to Iowa Code Chapter 216A, subchapter 9.

  February  24, 1998

  DEPARTMENT OF HUMAN SERVICES

  Annual Report of Savings for FY '97, in accordance with Section 8D.10 of the
  Code
  of Iowa.

  February 25, 1998

  IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
  OFFICE OF RENEWABLE FUELS AND CO-PRODUCTS

  Semi-Annual Report - Summary of Activities FY '98 - July 1, 1997 to December
  31,
  1997.

  March 3, 1998
  STATE LIBRARY OF IOWA

  1996-1997  Iowa Public Library Statistics.

  DEPARTMENT OF HUMAN SERVICES

  The report required by House File 702, Section 20, Enhanced Residential Care
  Facility for Persons with Mental Retardation reimbursement rates.
  SUPREME COURT OF IOWA

  Final Report of the Equality in the Courts Task Force.

  March 5, 1998

  IOWA DEPARTMENT OF PUBLIC HEALTH

  Vital Statistics of Iowa 1996, pursuant to Iowa Code Section 144.5(5).

  March 9, 1998

  MUNICIPAL FIRE AND POLICE RETIREMENT
  SYSTEM OF IOWA

  Annual Report FY ended June 30, 1997, in accordance with Iowa Code 411.5.

  March 11, 1998

  CHMIS
  Iowa Community Health Management Information System

  Annual Report according to Senate File 2069.

  March 12, 1998

  IOWA DEPARTMENT OF TRANSPORTATION

  A copy of the "1997 Iowa Airport Sufficiency Ratings" as required by Section
  328.12(11) of the Code of Iowa.

  March 17, 1998

  IOWA DEPARTMENT FOR THE BLIND

   Purchase of Products with Recycled Content   as required by Section
  216B.3(12d).

  March 17, 1998

  HUMAN SERVICES RESTRUCTURING TASK FORCE

  Final Report.

  March 18, 1998

  DEPARTMENT OF GENERAL SERVICES

  A report on State Driver License History.
  March 26, 1998

  DEPARTMENT OF HUMAN SERVICES

  Registered Child Care Homes pilot project reports as required by Senate File
  541,
  Section 4.

  April 1, 1998

  STATE APPEAL BOARD

  Denied General Claims by the State Appeal Board.

  ICN

  Fiscal Year 1997 Annual Report.

  IOWA COLLEGE STUDENT AID COMMISSION

  Annual Report 1996-1997.


  CERTIFICATES OF RECOGNITION

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

  Frank and Margareth Cheng, Coralville - For establishing the Cheng Family
  Chinese Cultural Endowment Program in the Iowa City Community School
  District.
  Senator Dvorsky (4/6/98).

  Shawn Driscol, Kalona - For achieving the rank of Eagle Scout.  Senator
  Hedge
  (4/19/98).


  SUBCOMMITTEE ASSIGNMENTS

  House File 2496

  APPROPRIATIONS:  Rittmer, Chair; Halvorson and Lundby

  House File 2498

  APPROPRIATIONS:  Lundby, Chair; McCoy and McLaren

  House File 2541

  WAYS AND MEANS:  Drake, Chair; Connolly and Douglas
  House File 2542

  WAYS AND MEANS:  Judge, Chair; Hedge and McLaren

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 2417 (SF 2111), a bill for an act
  establishing a
  railroad revolving loan fund and making an appropriation.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 24:  McLaren, Kramer, Flynn, Behn, Borlaug, Douglas,
  Dvorsky,
  Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox,
  McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack.
  Nays,
  none.  Absent or not voting, 1:  Black.

  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 2417,
  and
  they were attached to the committee report.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  *SENATE CONCURRENT RESOLUTION 112, a concurrent
  resolution expressing support of conservation efforts in the Mississippi
  Blufflands.

  Recommendation:  APPROVED COMMITTEE RESOLUTION.

  Final Vote:  Ayes, 14:  Bartz, Angelo, Fink, Black, Borlaug, Dearden,
  Deluhery,
  Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman.  Nays, none.
  Absent or not voting, 1:  Dvorsky.

  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 Natural Resources and Environment Committee on
  Senate Concurrent Resolution 112, and they were attached to the committee
  report.

  ALSO:

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 113 (SSB 2217), a
  concurrent resolution requesting the establishment of a conference to study
  the
  protection of the Loess Hills areas of this state.

  Recommendation:  APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 14:  Bartz, Angelo, Fink, Black, Borlaug, Dearden,
  Deluhery,
  Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman.  Nays, none.
  Absent or not voting, 1:  Dvorsky.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 114 (SSB 2216), 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.

  Recommendation:  APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 14:  Bartz, Angelo, Fink, Black, Borlaug, Dearden,
  Deluhery,
  Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman.  Nays, none.
  Absent or not voting, 1:  Dvorsky.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.


  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in engrossing
  the
  Senate Amendment to Senate File 2391, the following correction was made:

  AMENDMENT S-5494:

  1. Page 1, line 4, the number "37" was changed to the number "35".

  MARY PAT GUNDERSON
  Secretary of the Senate

  AMENDMENTS FILED

  S-5500		S.F. 2391	Michael E. Gronstal
  S-5501		H.F. 2400	Steve King
  S-5502		S.F. 2312	House
  S-5503		S.F. 2311	House
  S-5504		S.F. 2188	House
  S-5505		H.F. 2539	Matt McCoy
  S-5506		H.F. 2539	Matt McCoy
  S-5507		H.F. 2539	Robert E. Dvorsky
  S-5508		S.F. 2416	O. Gene Maddox
  Patrick J. Deluhery
  S-5509		S.C.R. 114	Merlin E. Bartz
  S-5510		H.F. 2166	Allen Borlaug
  Neal Schuerer
  S-5511		H.F. 2539	O. Gene Maddox
  S-5512		H.F. 2539	Robert E. Dvorsky
  Tom Vilsack
  S-5513		H.F. 2539	Robert E. Dvorsky
  Dennis H. Black
  Rod Halvorson
  Patty Judge
  Steven D. Hansen
  Tom Flynn
  Dick L. Dearden
  Mike Connolly
  Elaine Szymoniak
  Bill Fink
  Matt McCoy
  Johnie Hammond
  Mary Neuhauser
  Don Gettings
  Eugene S. Fraise
  Wally E. Horn
  Patrick J. Deluhery
  Patricia Harper
  John P. Kibbie
  Tom Vilsack
  Michael E. Gronstal
  S-5514		H.F. 2539	Robert E. Dvorsky
  S-5515		H.F. 2539	Robert E. Dvorsky
  Johnie Hammond
  S-5516		H.F. 2539	Dennis H. Black
  S-5517		H.F. 2539	Robert E. Dvorsky
  S-5518		H.F. 2539	Johnie Hammond
  S-5519		H.F. 2166	Neal Schuerer
  S-5520		H.F. 2539	Patricia Harper
  S-5521		H.F. 2539	Robert E. Dvorsky
  S-5522		H.F. 2539	Rod Halvorson
  S-5523		H.F. 2539	Tom Vilsack
  S-5524		S.F. 2376	House
  S-5525		H.F. 2539	Tom Vilsack
  Johnie Hammond
  Patrick J. Deluhery
  Patricia Harper
  Matt McCoy
  Dennis H. Black
  William D. Palmer
  John P. Kibbie
  Rod Halvorson
  Tom Flynn
  Patty Judge
  Robert E. Dvorsky
  S-5526		H.F. 2275	Johnie Hammond
  S-5527		S.F. 2391	Kitty Rehberg
  Neal Schuerer
  Jack Rife
  S-5528		S.F. 2391	Jack Rife
  S-5529		H.F. 2539	Johnie Hammond
  Bill Fink
  Robert E. Dvorsky
  Mike Connolly
  Mary Neuhauser
  Elaine Szymoniak
  Tom Flynn
  Rod Halvorson
  John P. Kibbie
  Patrick J. Deluhery
  Patty Judge
  Michael E. Gronstal
  Eugene S. Fraise
  Patricia Harper
  S-5530		S.F. 2405	House
  S-5531		S.F. 2391	Jack Rife
  S-5532		H.F. 2539	Tom Vilsack
  S-5533		S.F. 2161	House
  S-5534		H.F. 2539	Johnie Hammond
  Mike Connolly
  Bill Fink
  S-5535		S.F. 2391	Jack Rife
  S-5536		S.F. 2416	Mary A. Lundby
  Steve King
  Mike Connolly
  Michael E. Gronstal
  S-5537		S.F. 2404	House
  S-5538		H.F. 2275	Nancy Boettger
  S-5539		S.F. 2416	Mary A. Lundby
  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 8:45 p.m.,
  until 9:00 a.m., Tuesday, April 7, 1998.
  1092	JOURNAL OF THE SENATE	85th Day
  85th Day	MONDAY, APRIL 6, 1998	1091

© 1998 Cornell College and League of Women Voters of Iowa

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