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EIGHTY-SIXTH CALENDAR DAY FIFTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 7, 1998 The Senate met in regular session at 9:59 a.m., President Kramer presiding. Prayer was offered by the Reverend Brian Eslinger, pastor of the Unitarian Universalist Fellowship, Ames, Iowa. The Journal of Monday, April 6, 1998, was approved. SPECIAL GUESTS Senator Hedge introduced the following guests representing the Sixty-third Annual Tulip Time Festival: Queen Gina Bandstra, who introduced the members of her court: Suzanne Van Roekel, Angie Harms, Leah De Boef, and Sharesa Olson. Queen Gina invited the members of the Senate to attend the Tulip Time Festival in Pella on May 7, 8, and 9. The Queen, her attendants, and their parents distributed the famous Dutch cookies to the Senators and staff. PRESENTATION OF VISITORS The Chair welcomed fifty-five fifth grade students from West Marshall Middle School, State Center, Iowa, accompanied by Carol Eddy. Senator McKibben. COMMITTEE REPORT AGRICULTURE Final Bill Action: HOUSE FILE 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5543. Final Vote: Ayes, 10: Rensink, Gaskill, Judge, Angelo, Behn, Black, Hedge, Rehberg, Rife, and Zieman. Nays, 3: Fraise, Kibbie, and Vilsack. Absent or not voting, 2: Bartz and Gettings. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that House File 2494 be referred from the Regular Calendar to the committee on Ways and Means, to be returned to the Regular Calendar no later than 8:00 a.m., Wednesday, April 8, 1998. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Bartz until he arrives, on request of Senator Angelo. HOUSE AMENDMENT CONSIDERED Senate File 2329 Senator Hammond called up for consideration Senate File 2329, a bill for an act expanding the compensation available from the crime victim compensation program to victims of crime and their families, amended by the House, and moved that the Senate concur in House amendment S-5489 filed April 2, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Hammond 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. 2329), the vote was: Ayes, 49: Angelo Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Bartz The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 3, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2296, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making related statutory changes, and providing an effective date provision (S-5540). ALSO: That the House has on April 6, 1998, passed the following bill in which the concurrence of the House was asked: Senate File 2380, a bill for an act relating to the election of a local exchange carrier to be price-regulated. HOUSE AMENDMENT CONSIDERED Senate File 2330 Senator McKean called up for consideration Senate File 2330, a bill for an act relating to the filing of civil litigation by prisoners and providing an effective date, amended by the House, and moved that the Senate concur in House amendment S-5486 filed April 2, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKean 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. 2330), the vote was: Ayes, 48: Angelo 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 Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Bartz Lundby 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 2378 Senator McKibben called up for consideration Senate File 2378, a bill for an act relating to real estate titles involving bankruptcy, amended by the House, and moved that the Senate concur in House amendment S-5484 filed April 2, 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. 2378), the vote was: Ayes, 49: Angelo Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Bartz 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 530 Senator Drake called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5479 filed April 1, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Drake 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. 530), the vote was: Ayes, 47: Angelo Behn Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Black Rife 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 thirty fourth and fifth grade students from Grand Elementary School, Boxholm, Iowa, accompanied by Linda Hartman. Senator Behn. MOTIONS TO RECONSIDER WITHDRAWN House File 334 Senator Gronstal withdrew the motion to reconsider House File 334, a bill for an act relating to certain franchise agreements by establishing a duty of good faith, providing for alternative dispute resolution, providing for venue and choice of law, and repealing existing franchise provisions, filed by him on March 24, 1998, and found on page 888 of the Senate Journal. Senator Jensen withdrew the motion to reconsider House File 334, filed by him on March 24, 1998, and found on page 888 of the Senate Journal. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 530, 2329, 2330, 2378 and House File 334 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 11:15 a.m., until 2:00 p.m. 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 7th day of April, 1998: Senate Files 2015, 2113, 2136, 2257, 2294, 2308, and 2357. MARY PAT GUNDERSON Secretary of the Senate REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2308, the following correction was made: 1. Page 3, line 33, the words " PARAGRAPH DIVIDED. " were changed to the words " PARAGRAPH DIVIDED ." MARY PAT GUNDERSON Secretary of the Senate EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 6, 1998, when the votes were taken on Senate Files 2391, 2416, and House File 2539. Had I been present, I would have voted "aye." PATTY JUDGE REPORT OF COMMITTEE MEETING APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: April 7, 1998, 8:04 a.m. Members Present: Rife, Chair; King, Vice Chair; Neuhauser, Ranking Member; Deluhery and Jensen. Members Absent: None. Committee Business: Outside testimony regarding IowAccess. Adjourned: 9:00 a.m. SUBCOMMITTEE ASSIGNMENTS House File 2513 WAYS AND MEANS: McKibben, Chair; Douglas and Szymoniak AMENDMENTS FILED S-5540 S.F. 2296 House S-5541 S.F. 2320 Jack Rife Wally E. Horn S-5542 H.F. 2533 Elaine Szymoniak Dick L. Dearden Matt McCoy William D. Palmer Steven D. Hansen S-5543 H.F. 2494 Agriculture S-5544 S.F. 2311 O. Gene Maddox AFTERNOON SESSION The Senate reconvened at 2:13 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Hedge requested a non-record roll call to determine that a quorum was present. President Kramer took the chair at 2:31 p.m. The vote revealed 40 present, 10 absent, and a quorum present. PRESENTATION OF VISITORS The Chair welcomed twenty-four sixth grade students from Lenox Community School, Lenox, Iowa, accompanied by Mrs. Janet Reed. Senator Angelo. The Chair welcomed a group of home school students from Benton County, accompanied by Gail Shoemen. Senator Schuerer. HOUSE AMENDMENT CONSIDERED Senate File 2320 Senator Rife called up for consideration Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari- mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, amended by the House in House amendment S-5359 filed March 24, 1998. Senator Rife offered amendment S-5541, filed by Senators Rife and Horn from the floor to amendment S-5359. Senator Schuerer asked and received unanimous consent to withdraw amendment S-5546, filed by him from the floor, to amendment S-5541 to House amendment S-5359. Senator Schuerer asked and received unanimous consent to withdraw amendment S-5548, filed by him from the floor, to amendment S-5541 to House amendment S-5359. Senator Schuerer offered amendment S-5549, filed by him from the floor to amendment S-5541 to House amendment S-5359, and moved its adoption. Amendment S-5549 was adopted by a voice vote. Senator McKean asked and received unanimous consent that action on amendment S-5541 and Senate File 2320 be deferred. UNFINISHED BUSINESS (Deferred March 31, 1998) House File 2164 The Senate resumed consideration of House File 2164, a bill for an act relating to local community and economic development planning assistance and the community builder program, and amendment S-5335 by Senator Iverson to page 2 and the title page of the bill, previous deferred. Senator Fraise asked and received unanimous consent to withdraw amendment S-5467, filed by Senators Fraise and Gettings on April 1, 1998, to amendment S-5335. Senator Fraise asked and received unanimous consent to withdraw amendment S-5466, filed by Senators Fraise and Gettings on April 1, 1998, to amendment S-5335. Senator Judge asked and received unanimous consent to withdraw amendment S-5469, filed by her on April 1, 1998, to amendment S-5335. Senator Judge asked and received unanimous consent to withdraw amendment S-5470, filed by her on April 1, 1998, to amendment S-5335. Senator Gronstal raised the point of order that amendment S-5335 was not germane to the bill. The Chair ruled the point not well taken and amendment S-5335 in order. Senator Iverson moved the adoption of amendment S-5335. Amendment S-5335 was adopted by a voice vote. Senator Redwine moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2164), the vote was: Ayes, 45: Angelo 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 Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Bartz Jensen Lundby Rife Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. 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 7, 1998, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 2331, a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services (S-5551). Senate File 2339, a bill for an act relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint (S-5547). Senate File 2387, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling (S-5550). ALSO: That the House has on April 7, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2534, a bill for an act providing for township trustees, by providing for their representation by county attorneys. Read first time and referred to committee on Ways and Means. House File 2543, a bill for an act relating to the state inheritance tax by exempting intangible personal property owned by an inhabitant of another state; determining the net market value of transfers made within three years of death as the net market value on the date of transfer; exempting the tax only upon the portion of retirement benefits and individual retirement accounts that will be subject to federal income tax when paid; and requiring deferred estates to be recorded by the department of revenue and finance if tax is not paid when tax accrues; and providing an applicability date provision. Read first time and referred to committee on Ways and Means. House File 2544, a bill for an act relating to the protection of and provision of safe living environments for certain individuals including providing safe assisted living facilities. Read first time and referred to committee on Appropriations. CONFIRMATION OF GOVERNOR'S APPOINTMENT (Individual Confirmation Calendar) Senator Iverson called up the appointment of Charles W. Larson, as Chairperson of the Board of Parole, placed on the Individual Confirmation Calendar on April 2, 1998, and found on page 1030 of the Senate Journal. Senator Iverson moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 46: Angelo Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 2: Gronstal Rife Absent or not voting, 2: Bartz Rittmer The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. 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: Patricia A. Berding, Credit Union Review Board Diane L. Kollasch, Credit Union Review Board Polly A. Adam, Commission on the Deaf Joseph H. Harper, Iowa Railway Finance Authority Randy G. Brown, Executive Director of the Commission of Veteran Affairs 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 Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Rehberg Rife The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. UNFINISHED BUSINESS (Deferred March 23, 1998) Senate File 2284 The Senate resumed consideration of Senate File 2284, a bill for an act relating to rural improvement zones, and amendment S-5259 by Senator Iverson to page 1 of the bill, deferred March 23, 1998. Senator Gronstal offered amendment S-5339, filed by him on March 23, 1998, to amendment S-5259 and moved its adoption. A non-record roll call was requested. The ayes were 20, nays 28. Amendment S-5339 lost. Senator Gronstal offered amendment S-5499, filed by him on April 2, 1998, to amendment S-5259. Senator Black asked and received unanimous consent that action on amendment S-5499 and Senate File 2284 be deferred. BUSINESS PENDING Senate File 2320 The Senate resumed consideration of Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, and amendment S-5541 by Senators Rife and Horn to House amendment S-5359, previously deferred. Senator McKean offered amendment S-5557, filed by Senators McKean and Hansen from the floor to amendment S-5541 to House amendment S-5359, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5557 to amendment S-5541 be adopted?" (S.F. 2320), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 25: Angelo Bartz Behn Black Boettger Drake Dvorsky Freeman Halvorson Hammond Hansen Harper Hedge Jensen King Lundby McKean Neuhauser Redfern Redwine Rehberg Rensink Schuerer Vilsack Zieman Nays, 25: Borlaug Connolly Dearden Deluhery Douglas Fink Flynn Fraise Gaskill Gettings Gronstal Horn Iverson Judge Kibbie Kramer Maddox McCoy McKibben McLaren Palmer Rife Rittmer Szymoniak Tinsman Absent or not voting, none. Amendment S-5557 lost. Senator Rife moved the adoption of amendment S-5541. A record roll call was requested. On the question "Shall amendment S-5541 to amendment S-5359 be adopted?" (S.F. 2320), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Borlaug Connolly Dearden Deluhery Fink Flynn Fraise Gaskill Gettings Hansen Horn Iverson Judge Kibbie Kramer Lundby Maddox McLaren Palmer Rehberg Rife Rittmer Tinsman Nays, 27: Angelo Bartz Behn Black Boettger Douglas Drake Dvorsky Freeman Gronstal Halvorson Hammond Harper Hedge Jensen King McCoy McKean McKibben Neuhauser Redfern Redwine Rensink Schuerer Szymoniak Vilsack Zieman Absent or not voting, none. Amendment S-5541 lost. Senator Rife asked and received unanimous consent that action on amendment S-5359 and Senate File 2320 be deferred. The Senate stood at ease at 4:47 p.m. until the fall of the gavel. The Senate resumed session at 6:07 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 30 present, 20 absent, and a quorum present. UNFINISHED BUSINESS House File 667 On motion of Senator Neuhauser, House File 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Neuhauser asked and received unanimous consent to withdraw amendment S-5293, filed by the committee on Judiciary on March 19, 1998, to pages 15 and 28 of the bill. With the withdrawal of amendment S-5293, amendment S-5457 filed by Senator Neuhauser on April 1, 1998, to amendment S-5293 was out of order. Senator Neuhauser offered amendment S-5556, filed by her from the floor to pages 1-5, 11, 15-18, 26, 28, and 32 of the bill. President pro tempore Redfern took the chair at 6:26 p.m. Senator King offered amendment S-5561, filed by him from the floor to amendment S-5556, and moved its adoption. Amendment S-5561 was adopted by a voice vote. Senator King offered amendment S-5559, filed by him from the floor to amendment S-5556, and moved its adoption. A non-record roll call was requested. The ayes were 15, nays 26. Amendment S-5559 lost. Senator King offered amendment S-5560, filed by him from the floor to amendment S-5556. Senator King asked and received unanimous consent that action on amendment S-5560 be deferred. Senator King offered amendment S-5562, filed by him from the floor to amendment S-5556, and moved its adoption. Amendment S-5562 was adopted by a voice vote. Senator King moved the adoption of amendment S-5560, previously deferred. Amendment S-5560 lost by a voice vote. Senator Neuhauser moved the adoption of amendment S-5556. Amendment S-5556 was adopted by a voice vote. Senator Neuhauser 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. 667), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2282. House File 2282 On motion of Senator Redwine, House File 2282, a bill for an act authorizing the imposition of a local option sales and services tax and use of certain federal funds for school infrastructure projects and the issuance of bonds, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Douglas asked and received unanimous consent to withdraw amendment S-5458, filed by her on April 1, 1998, to pages 1, 3, 4, and 6 of the bill. Senator King asked and received unanimous consent that action on House File 2282 be deferred. UNFINISHED BUSINESS House File 2335 On motion of Senator Rensink, House File 2335, a bill for an act relating to persons holding interests in agricultural land and providing penalties and an effective date, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Vilsack offered amendment S-5558, filed by Senators Vilsack and McLaren from the floor to pages 1-10, 12, 14, and 15 of the bill, and moved its adoption. Amendment S-5558 was adopted by a voice vote. With the adoption of amendment S-5558, the Chair ruled the following amendments out of order: S-5420 filed by Senator Rensink on March 30, 1998, to pages 1-3 and 9 of the bill; S-5282 by the committee on Agriculture to pages 1, 4, 5, 7, 9, 10, and 14 of the bill; S-5447 filed by Senator Vilsack on March 31, 1998, to pages 1-8, 10, and 15 of the bill; S-5472 filed by Senator Vilsack on April 1, 1998, to amendment S-5447; and S-5496 filed by Senator Vilsack on April 2, 1998, to pages 1-10, 14, and 15 of the bill. Senator Hedge asked and received unanimous consent to withdraw amendment S-5448, filed by Senators Hedge, et al., on March 31, 1998, to page 8 of the bill. Senator Hedge asked and received unanimous consent to withdraw amendment S-5477, filed by Senators Hedge, et al., on April 1, 1998, to page 8 of the bill. Senator McLaren asked and received unanimous consent to withdraw amendment S-5478, filed by Senators McLaren, et al., on April 1, 1998, to page 8 of the bill. Senator Gronstal asked and received unanimous consent that action on House File 2335 be deferred. The Senate stood at ease at 7:56 p.m. until the fall of the gavel. The Senate resumed session at 8:45 p.m., President Kramer presiding. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2166. House File 2166 On motion of Senator Schuerer, House File 2166, a bill for an act relating to regulation of food establishments and providing for fees and penalties and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator Schuerer offered amendment S-5281, filed by the committee on Ways and Means on March 18, 1998, to pages 4, 6-11, and 14 of the bill. Senator Borlaug called for a division of amendment S-5281: pages 1, 2, and page 3, lines 1-13 and lines 29-34 as division S-5281A; page 3, lines 14-28 as division S-5281B. Senator Borlaug moved the adoption of amendment S-5281 division A. Amendment S-5281 division A was adopted. Senator Borlaug asked and received unanimous consent to withdraw amendment S-5281 division B. Senator Borlaug asked and received unanimous consent to withdraw amendment S-5419, filed by Senators Borlaug and Schuerer on March 30, 1998, to pages 10 and 11 of the bill. Senator Schuerer asked and received unanimous consent to withdraw amendment S-5519, filed by him on April 6, 1998, to page 2 of the bill. Senator Borlaug offered amendment S-5381, filed by Senators Borlaug and Schuerer on March 25, 1998, to page 10 of the bill. Senator Tinsman asked and received unanimous consent that action on amendment S-5381 be deferred. Senator Borlaug offered amendment S-5510, filed by senators Borlaug and Schuerer on April 6, 1998, to page 11 of the bill, and moved its adoption. Amendment S-5510 lost by a voice vote. Senator Borlaug asked and received unanimous consent to withdraw amendment S-5418, filed by Senators Borlaug and Schuerer on March 30, 1998, to page 11 of the bill. Senator Tinsman offered amendment S-5566, filed by Senators Tinsman and Boettger from the floor to amendment S-5381, and moved its adoption. Amendment S-5566 was adopted by a voice vote. Senator Borlaug moved the adoption of amendment S-5381. Amendment S-5381 was adopted by a voice vote. Senator Schuerer 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. 2166), the vote was: Ayes, 38: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Hammond Hansen Harper Hedge Iverson Jensen Judge King Kramer Lundby Maddox McKean McKibben Neuhauser Redfern Redwine Rehberg Rittmer Schuerer Tinsman Vilsack Zieman Nays, 7: Dearden Gronstal Halvorson Horn Kibbie McCoy Rensink Absent or not voting, 5: Gettings McLaren Palmer Rife Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING House File 2335 The Senate resumed consideration of House File 2335, a bill for an act relating to persons holding interests in agricultural land and providing penalties and an effective date, previously deferred. Senator Rensink 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. 2335), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Gettings McLaren Palmer Rife Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 667, 2335, 2166, and 2164 be immediately messaged to the House. 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 April 7, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates (S-5563). APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: April 7, 1998, 8:06 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking Member; Angelo, Behn, Black, Fraise, Hedge, Kibbie, Rehberg, Rife, Vilsack, and Zieman. Members Absent: Bartz and Gettings (both excused). Committee Business: Amended and passed HF 2494. Adjourned: 9:40 a.m. APPROPRIATIONS Convened: April 7, 1998, 11:20 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Members Absent: None. Committee Business: Passed SF 2414 and HF 2496. Amended and passed HF 2498. Recessed: 1:20 p.m. Reconvened: 4:54 p.m. Adjourned: 6:00 p.m. WAYS AND MEANS Convened: April 7, 1998, 1:28 p.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, and Szymoniak. Members Absent: Vilsack (excused). Committee Business: Subcommittee assignments. Passed HF 2494 and HF 2541. Amended and passed HF 2542. Adjourned: 1:50 p.m. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 7, 1998, when the votes were taken on Senate Files 530, 2329, 2330, 2378, House File 2164, the confirmation of Charles W. Larson, and the En Bloc Confirmation Calendar. Had I been present, I would have voted "aye." Also, I was necessarily absent from the Senate chamber on April 6, 1998, when the votes were taken on Senate Files 2391 and 2416; the En Bloc Confirmation Calendar; House File 2539 and amendments S-5497, S-5518, and S-5532. Had I been present, I would have voted "aye." On amendments S-5512, S-5516, S-5522, S-5525, and S-5534 to House File 2539, I would have voted "nay." MERLIN E. BARTZ MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5541 to Senate File 2320 failed to be adopted by the Senate on April 7, 1998. MICHAEL E. GRONSTAL COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 2414, a bill for an act relating to a workforce recruitment initiative and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 17: McLaren, Kramer, Behn, Black, Borlaug, Douglas, Freeman, Hedge, Horn, Jensen, Lundby, Maddox, Rehberg, Rensink, Rife, Rittmer, and Tinsman. Nays, 4: Flynn, Harper, McCoy, and Neuhauser. Pass, 3: Dvorsky, Halvorson, and Hammond. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates. Recommendation: DO PASS. Final Vote: Ayes, 25: McLaren, Kramer, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, and Szymoniak. Nays, 1: Connolly. Absent or not voting, 1: Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2541, a bill for an act relating to the use tax exemption for vehicles used substantially in interstate commerce. Recommendation: DO PASS. Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, and Szymoniak. Nays, none. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2542, a bill for an act regulating bulk dry animal nutrient products, providing for fees and an appropriation, providing penalties, and providing for an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5555. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, and Szymoniak. Nays, none. Absent or not voting, 2: Redfern and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5545 S.F. 2320 Steven D. Hansen S-5546 S.F. 2320 Neal Schuerer S-5547 S.F. 2339 House S-5548 S.F. 2320 Neal Schuerer S-5549 S.F. 2320 Neal Schuerer S-5550 S.F. 2387 House S-5551 S.F. 2331 House S-5552 S.F. 2052 Steven D. Hansen S-5553 S.F. 2414 Tom Vilsack John P. Kibbie Patty Judge Robert E. Dvorsky Steven D. Hansen Michael E. Gronstal Rod Halvorson Wally E. Horn Bill Fink Dennis H. Black S-5554 S.F. 2409 Tom Flynn S-5555 H.F. 2542 Ways and Means S-5556 H.F. 667 Mary Neuhauser S-5557 S.F. 2320 Andy McKean Steven D. Hansen S-5558 H.F. 2335 Tom Vilsack Derryl McLaren S-5559 H.F. 667 Steve King S-5560 H.F. 667 Steve King S-5561 H.F. 667 Steve King S-5562 H.F. 667 Steve King S-5563 S.F. 2280 House S-5564 H.F. 2282 Rod Halvorson S-5565 H.F. 2282 Steve King S-5566 H.F. 2166 Maggie Tinsman Nancy Boettger S-5567 H.F. 2494 Jerry Behn Stewart Iverson, Jr. Wilmer Rensink H. Kay Hedge Merlin E. Bartz John P. Kibbie ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:31 p.m., until 9:00 a.m., Wednesday, April 8, 1998. 1104 JOURNAL OF THE SENATE 86th Day 86th Day TUESDAY, APRIL 7, 1998 1105
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