Senate Journal: Wednesday, April 8, 1998

  EIGHTY-SEVENTH CALENDAR DAY
  FIFTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, April 8, 1998

  The Senate met in regular session at 9:08 a.m., President Kramer
  presiding.

  Prayer was offered by Pastor Leonhardt Gebhardt of St. John's
  Lutheran Church, Charter Oak, Iowa.

  The Journal of Tuesday, April 7, 1998, was approved.

  HOUSE MESSAGE RECEIVED

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

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 7, 1998, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 2545, a bill for an act relating to county mental
  health, mental retardation, and developmental disabilities service
  funding, allocating an appropriation, and providing effective dates.

  Read first time and referred to committee on Appropriations.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Szymoniak until she arrives, on request of Senator Kibbie.
  ADOPTION OF RESOLUTION

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Concurrent Resolution 114.

  Senate Concurrent Resolution 114

  On motion of Senator Bartz, Senate Concurrent Resolution 114, 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, was taken up for consideration.

  Senator Bartz offered amendment S-5509, filed by him on April 6,
  1998, to pages 1 and 2 of the resolution, and moved its adoption.

  Amendment S-5509 was adopted by a voice vote.

  Senator Bartz moved the adoption of Senate Concurrent
  Resolution 114, which motion prevailed by a voice vote.

  PRESENTATION OF VISITORS

  The Chair welcomed Leanne Nieland, Lesley Allensworth, and
  Emily Kinser, Future Homemakers of America, from Glenwood and
  Walnut, Iowa, accompanied by Janis Moore and Paulette Madson.

  UNFINISHED BUSINESS
  (Deferred April 7, 1998)

  House File 2282

  The Senate resumed consideration of 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, deferred April 7,
  1998.

  Senator King offered amendment S-5568, filed by Senators King,
  et al., from the floor, striking everything after the enacting clause of
  the bill.
  Senator Tinsman asked and received unanimous consent that
  action on amendment S-5568 and House File 2282 be deferred.

  UNFINISHED BUSINESS

  Senate File 2409

  On motion of Senator Borlaug, Senate File 2409, by committee on
  Ways and Means, a bill for an act relating to a sales tax exemption for
  certain aircraft and providing an effective date, placed on the
  Unfinished Business Calendar on March 19, 1998, was taken up for
  consideration.

  Senator Flynn offered amendment S-5554, filed by him on April 7,
  1998, to page 1 and the title page of the bill.

  Senator Borlaug asked and received unanimous consent that
  action on amendment S-5554 and Senate File 2409 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Palmer until he arrives, on request of Senator Connolly.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2376

  Senator Lundby called up for consideration Senate File 2376, a bill
  for an act relating to the operation of the lottery, amended by the
  House, and moved that the Senate concur in House amendment
  S-5524 filed April 6, 1998.

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

  Senator Lundby 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. 2376), the vote was:

  Ayes, 44:

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

  Nays, 4:

  Hansen	McKean	Redwine	Rensink	

  Absent or not voting, 2:

  Palmer	Szymoniak			

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

  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:

  Camille V. Scully, Commission on the Status of African-Americans

  Mark W. Leonard, Agricultural Development Authority

  John C. Wellman, Commission for the Blind

  Haywood Belle, Board of Corrections

  David M. Roederer, Criminal and Juvenile Justice Planning Advisory
  Council

  Gerald R. Hinzman, Iowa Law Enforcement Academy Council
  Eric G. Jacobs, Board of Physical and Occupational Therapy Examiners

  Pat M. Marshall, 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, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	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, 2:

  Douglas	Szymoniak			

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

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS
  (Individual Confirmation Calendar)

  Senator Iverson called up the appointment of Bruce A. Yungclas,
  as a member of the Iowa Grain Indemnity Fund Board, placed on the
  Individual Confirmation Calendar on April 1, 1998, and found on
  page 1019 of the Senate Journal.

  Senator Bartz moved that the foregoing appointment be confirmed
  by the Senate.

  On the question "Shall the appointee be confirmed?" the vote was:
  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	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, 2:

  Connolly	Szymoniak			

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

  Senator Iverson called up the appointment of Jacquelyne I. Allen,
  as a member of the State Racing and Gaming Commission, placed on
  the Individual Confirmation Calendar on April 1, 1998, and found on
  page 1020 of the Senate Journal.

  Senator McCoy asked and received unanimous consent to defer on
  the confirmation of Jacquelyne I. Allen.

  Senator Iverson called up the appointment of Jack J. Dack, as
  Commandant of the Iowa Veterans Home, placed on the Individual
  Confirmation Calendar on April 2, 1998, and found on page 1030 of
  the Senate Journal.

  Senator Flynn asked and received unanimous consent to defer on
  the confirmation of Jack J. Dack.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2311
  Senator Maddox called up for consideration 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, amended by the House in House amendment S-5503 filed
  April 6, 1998.

  Senator Maddox offered amendment S-5544, filed by him on April 7,
  1998, to House amendment S-5503, and moved its adoption.

  Amendment S-5544 was adopted by a voice vote.

  Senator Maddox 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 Maddox 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. 2311), the vote was:

  Ayes, 47:

  Bartz	Behn	Black	Boettger
  Borlaug	Connolly	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, 3:

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

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2494.

  House File 2494

  On motion of Senator Rensink, House File 2494, a bill for an act
  regulating animal feeding operations and making penalties applicable
  and providing an effective date, with report of committee on
  Agriculture recommending amendment and passage, and report of
  committee on Ways and Means recommending passage, was taken up
  for consideration.

  The Senate stood at ease at 10:19 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 12:16 p.m., Senator Hedge
  presiding.

  (Action on House File 2494 was deferred.)

  QUORUM CALL

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

  The vote revealed 34 present, 16 absent, and a quorum present.

  BUSINESS PENDING

  House File 2282

  The Senate resumed consideration of 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, and
  amendment S-5568 by Senators King, et al., striking everything after
  the enacting clause of the bill, previously deferred.

  Senator Connolly offered amendment S-5576, filed by him from
  the floor to amendment S-5568.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-5576.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-5571, filed by him from the floor to
  amendment S-5568.

  Senator Tinsman offered amendment S-5570, filed by her from the
  floor to amendment S-5568, and moved its adoption.

  Amendment S-5570 lost by a voice vote.

  President Kramer took the chair at 1:08 p.m.

  Senator King moved the adoption of amendment S-5568.

  A record roll call was requested.

  On the question "Shall amendment S-5568 be adopted?" (H.F. 2282),
  the vote was:

  Ayes, 12:

  Angelo	Behn	Boettger	Borlaug
  Freeman	Hedge	Iverson	Jensen
  King	McKean	Rehberg	Schuerer	

  Nays, 37:

  Bartz	Black	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Gaskill
  Gronstal	Halvorson	Hammond	Hansen
  Harper	Horn	Judge	Kibbie
  Kramer	Lundby	Maddox	McCoy
  McKibben	McLaren	Neuhauser	Palmer
  Redfern	Redwine	Rensink	Rife
  Rittmer	Szymoniak	Tinsman	Vilsack
  Zieman	
  Absent or not voting, 1:

  Gettings			
  Amendment S-5568 lost.

  Senator King offered amendment S-5565, filed by him on April 7,
  1998, to pages 1 and 3 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5565 be adopted?" (H.F. 2282),
  the vote was:

  Ayes, 11:

  Angelo	Behn	Boettger	Borlaug
  Freeman	Hedge	Iverson	King
  McKean	Rehberg	Schuerer	

  Nays, 38:

  Bartz	Black	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Gaskill
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	Kramer	Lundby	Maddox
  McCoy	McKibben	McLaren	Neuhauser
  Palmer	Redfern	Redwine	Rensink
  Rife	Rittmer	Szymoniak	Tinsman
  Vilsack	Zieman	

  Absent or not voting, 1:

  Jensen			

  Amendment S-5565 lost.

  Senator McLaren asked and received unanimous consent to
  withdraw amendment S-5471, filed by him on April 1, 1998, to pages
  6 and 7 of the bill.

  Senator Tinsman asked and received unanimous consent to
  withdraw amendment S-5569, filed by Senators Tinsman, Douglas,
  and Rittmer from the floor to page 8 of the bill.
  Senator Halvorson asked and received unanimous consent to
  withdraw amendment S-5564, filed by him on April 7, 1998, to pages
  4 and 5 of the bill.
  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. 2282), the vote was:

  Ayes, 37:

  Angelo	Bartz	Black	Boettger
  Borlaug	Connolly	Drake	Dvorsky
  Fink	Flynn	Fraise	Gaskill
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Judge	Kibbie
  Kramer	Lundby	Maddox	McCoy
  McKibben	Neuhauser	Palmer	Redfern
  Redwine	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	

  Nays, 13:

  Behn	Dearden	Deluhery	Douglas
  Freeman	Hedge	Horn	Iverson
  Jensen	King	McKean	McLaren
  Rehberg	

  Absent or not voting, none.	

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2311, 2376, Senate Concurrent Resolution 114,
  and House File 2282 be immediately messaged to the House.

  BUSINESS PENDING

  House File 2494
  The Senate resumed consideration of House File 2494, a bill for an
  act regulating animal feeding operations and making penalties
  applicable and providing an effective date, previously deferred.
  Senator Rensink offered amendment S-5543, filed by the
  committee on Agriculture on April 7, 1998, striking everything after
  the enacting clause and to the title page of the bill.

  Senator Vilsack offered amendment S-5585, filed by Senators
  Vilsack and Kibbie from the floor to pages 1 and 37 of amendment
  S-5543.

  Senator Rensink raised the point of order that amendment S-5585
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5585 out
  of order.

  Senator Rensink offered amendment S-5581, filed by Senators
  Rensink, Judge, and Kibbie from the floor to pages 5-9, 17, 21, 22,
  30-32, 34, 36, and 37 of amendment S-5543, and moved its adoption.

  Amendment S-5581 was adopted by a voice vote.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 115, by Drake, Maddox,
  Iverson, Gronstal, Horn, Jensen, Kibbie, and Fink, a concurrent
  resolution urging federal Congressional support for widows and
  widowers under the federal Railroad Retirement Act of 1974.

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

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 8, 1998, adopted the following resolution in which the
  concurrence of the House was asked:
  Senate Concurrent Resolution 101, a concurrent resolution
  recognizing the notable achievements of the Jefferson High School
  Marching Band from Cedar Rapids, Iowa.

  ALSO:  That the House has on April 8, 1998, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 2532, a bill for an act relating to the maximum value
  of prizes awarded in raffles and certain games of skill and chance.

  Read first time and referred to committee on State Government.

  House File 2540, a bill for an act relating to the sales, services,
  and use tax exemption for the sale of tangible personal property
  which is purchased for lease or rental.

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

  House File 2547, a bill for an act establishing the IowAccess
  system and providing for an appropriation.

  Read first time and placed on calendar.

  ALSO:  That the House has on April 8, 1998, passed the following bills in
  which the
  concurrence of the House was asked:

  Senate File 490, a bill for an act relating to the consumer fraud
  law by providing limited immunity from prosecution for providing
  certain information, authorizing the attorney general to commence an
  action related to telemarketing, and authorizing the attorney general
  to establish and accept a civil penalty in settlement of an
  investigation.

  Senate File 540, a bill for an act relating to the second injury
  compensation Act, by providing for payments to the second injury
  fund including the imposition of an employer surcharge and a sunset
  of the ability to impose an employer surcharge, providing for the
  collection of payments to the second injury fund, and providing an
  effective date and applicability provision.

  Senate File 2037, a bill for an act relating to the Iowa state fair
  convention by providing for its membership and the election of
  members to the Iowa state fair board.
  ALSO:  That the House has on April 8, 1998, amended and passed the following
  bills in which the concurrence of the Senate is asked:
  Senate File 2200, a bill for an act relating to the expenses,
  powers, and duties of county agricultural extension councils (S-5587).

  Senate File 2274, a bill for an act relating to certain funds paid to
  or administered by the department of corrections, by making changes
  to procedures for the charging of payments for goods and services of
  Iowa prison industries, providing for the nonreversion of revolving
  farm fund balance investment proceeds, and making changes relating
  to the distribution and accounting for inmate earnings from private
  employers (S-5578).

  Senate File 2316, a bill for an act relating to entities and subject
  matter under the regulatory authority of the regulated industries
  unit of the insurance division, including business opportunities,
  cemeteries, and cemetery merchandise, motor vehicle service
  contracts, preneed funeral merchandise and services, and residential
  service contracts, providing for fees, and establishing penalties (S-5586).

  Senate File 2368, a bill for an act relating to the management of
  public rights-of-way by local government units, eliminating the power
  of cities to grant franchises to erect, maintain, and operate plants and
  systems for telecommunications services within the city, and
  providing an effective date (S-5579).

  Senate File 2377, a bill for an act relating to the sixth judicial
  district pilot probation revocation project and providing for effective
  dates and for repeal of the pilot project provisions (S-5580).

  The Senate stood at ease at 2:54 p.m. until the fall of the gavel.

  The Senate resumed session at 2:58 p.m., President Kramer presiding.

  BUSINESS PENDING

  House File 2494

  The Senate resumed consideration of House File 2494, a bill for an
  act regulating animal feeding operations and making penalties
  applicable and providing an effective date, and amendment S-5543
  by the committee on Agriculture striking everything after the
  enacting clause of the bill.
  Senator Vilsack offered amendment S-5588, filed by Senators
  Vilsack, et al., from the floor to page 6 of amendment S-5543.

  Senator Bartz took the chair at 3:12 p.m.

  President Kramer took the chair at 3:34 p.m.

  Senator Vilsack moved the adoption of amendment S-5588.

  Amendment S-5588 lost by a voice vote.

  Senator Kibbie offered amendment S-5574, filed by Senators
  Kibbie, et al., from the floor to pages 9, 17, and 37 of amendment
  S-5543, and moved its adoption.

  Amendment S-5574 was adopted by a voice vote.

  Senator Lundby offered amendment S-5577, filed by Senators
  Lundby and McKean from the floor to page 12 of amendment S-5543,
  and moved its adoption.

  A non-record roll call was requested.

  The ayes were 19, nays 27.

  Amendment S-5577 lost.

  Senator Lundby offered amendment S-5583, filed by her from the
  floor to page 14 of amendment S-5543, and moved its adoption.

  Amendment S-5583 lost by a voice vote.

  Senator Behn offered amendment S-5567, filed by Senators Behn,
  et al., on April 7, 1998, to page 17 of amendment S-5543, and moved
  its adoption.

  Amendment S-5567 was adopted by a voice vote.
  Senator Kibbie offered amendment S-5573, filed by Senators
  Kibbie, et al., from the floor to page 30 of amendment S-5543, moved
  its adoption, and requested a record roll call.
  On the question "Shall amendment S-5573 to amendment S-5543
  be adopted?" (H.F. 2494), the vote was:

  Ayes, 19:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gettings	Hammond	Hansen	Harper
  Horn	Kibbie	Lundby	Neuhauser
  Palmer	Szymoniak	Vilsack	

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Douglas	Freeman	Gaskill
  Gronstal	Halvorson	Hedge	Iverson
  Jensen	Judge	King	Kramer
  Maddox	McCoy	McKean	McKibben
  McLaren	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Tinsman	Zieman	

  Absent or not voting, 1:

  Drake			

  Amendment S-5573 lost.

  Senator Vilsack offered amendment S-5584, filed by Senators
  Vilsack, et al., from the floor to pages 32-34 of amendment S-5543,
  and moved its adoption.

  Amendment S-5584 lost by a voice vote.

  Senator Vilsack asked and received unanimous consent to
  withdraw amendment S-5575, filed by Senators Vilsack, et al., from
  the floor to page 6 of amendment S-5543.

  Senator Rensink moved the adoption of amendment S-5543.

  A non-record roll call was requested.

  The ayes were 46, nays 0.
  Amendment S-5543 was adopted.

  President pro tempore Redfern took the chair at 6:25 p.m.

  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. 2494), the vote was:

  Ayes, 36:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Douglas	Drake
  Dvorsky	Flynn	Freeman	Gaskill
  Gettings	Gronstal	Halvorson	Hedge
  Iverson	Jensen	Judge	King
  Kramer	Maddox	McCoy	McKean
  McKibben	McLaren	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Zieman	

  Nays, 14:

  Connolly	Dearden	Deluhery	Fink
  Fraise	Hammond	Hansen	Harper
  Horn	Kibbie	Lundby	Neuhauser
  Palmer	Vilsack	

  Absent or not voting, none.	

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

  Senator Iverson asked and received unanimous consent that
  House File 2494 be immediately messaged to the House.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 8, 1998, concurred in the Senate amendment to the House
  amendment, and passed the following bills in which the concurrence of the
  House
  was asked:
  Senate File 2321, a bill for an act relating to the confidentiality of
  certain records and reports held by the labor commissioner.
  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.

  ALSO:  That the House has on April 8, 1998, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 2109, a bill for an act relating to mobile home dealers
  (S-5589).

  Senate File 2277, a bill for an act providing for exceptions to
  municipal tort liability for skateboarding (S-5592).

  Senate File 2292, a bill for an act relating to the sex offender
  registry and providing for the Act's applicability (S-5594).

  ALSO:  That the House has on April 8, 1998, passed the following bill in
  which the
  concurrence of the House was asked:

  Senate File 2259, a bill for an act relating to search warrant
  applications.

  ALSO:  That the House has on April 8, 1998, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 2548, a bill for an act relating to the creation of a
  certified school to career program, providing refunds for certain
  wages paid to and amounts held in trust for individuals in the
  program, making an appropriation, providing for the program's
  repeal, and including an effective and applicability date provision.

  Read first time and referred to committee on Appropriations.

  House File 2553, a bill for an act relating to the compensation
  and benefits for public officials and employees, providing for related
  matters, and making appropriations.
  Read first time and referred to committee on Appropriations.

  ALSO:  That the House has on April 8, 1998, insisted on its amendment to
  Senate
  File 2295, a bill for an act relating to and making appropriations for
  agriculture and
  natural resources and providing an effective date, and that the members of
  the
  Conference Committee on the part of the House are:  The Representative from
  Washington, Representative Greiner, Chair; the Representative from Ringgold,
  Representative Dolecheck; the Representative from Plymouth, Representative
  Klemme; the Representative from Kossuth, Representative Mertz; and the
  Representative from Dubuque, Representative Murphy.

  ALSO:  That the House has on April 8, 1998, amended the Senate amendment,
  concurred in the Senate amendment as amended, and passed the following bill
  in
  which the concurrence of the Senate is asked:

  House File 2539, a bill for an act relating to and making
  appropriations to the justice system and providing effective dates
  (S-5593).

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 116, by Szymoniak, a
  concurrent resolution congratulating Dr. Joan Roberts for being
  named the 1997 Iowa Secondary Principal of the Year.

  APPOINTMENT OF CONFERENCE COMMITTEE

  The Chair announced the following conference committee on
  Senate File 2295 on the part of the Senate:  Senators Hedge, Chair;
  McLaren, Behn, Black, and Judge.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  RULES AND ADMINISTRATION

  Convened:  April 8, 1998, 2:55 p.m.

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

  Members Absent:  Lundby and Maddox (both excused).

  Committee Business:  Passed SR 119, SCR 115, and SCR 116.

  Adjourned:  2:57 p.m.

  COMMUNICATION FROM THE GOVERNOR

  The following communication from the Governor was received:

  April 8, 1998

  Mary Pat Gunderson
  Secretary of the Senate
  State Capitol Building
  LOCAL

  Dear Ms. Gunderson:

  Terry Evans is no longer a representative of the grain industry and is
  ineligible to fill
  the required position on the Grain Indemnity Fund Board.  Therefore, I am
  withdrawing his name for consideration by the Senate.

  Sincerely,
  TERRY E. BRANSTAD
  Governor

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  HOUSE FILE 2498, a bill for an act relating to and
  making
  appropriations to certain state departments, agencies, funds, and certain
  other entities,
  providing for regulatory authority, and other properly related matters.
  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5582.

  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.

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 115, a concurrent
  resolution urging federal Congressional support for widows and widowers
  under the
  federal Railroad Retirement Act of 1974.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Redfern, and Rehberg.  Nays, none.  Absent or not voting, 2:  Lundby and
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 116, a concurrent
  resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa
  Secondary
  Principal of the Year.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Redfern, and Rehberg.  Nays, none.  Absent or not voting, 2:  Lundby and
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 119, a resolution congratulating
  Ms. Ruth Ann Gaines for being named the Iowa Teacher of the Year for 1998.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Redfern, and Rehberg.  Nays, none.  Absent or not voting, 2:  Lundby and
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5568		H.F. 2282	Steve King
  Nancy Boettger
  Allen Borlaug
  Jeff Angelo
  Lyle E. Zieman
  Jerry Behn
  Neal Schuerer
  Andy McKean
  Kitty Rehberg
  Mary Lou Freeman
  S-5569		H.F. 2282	Maggie Tinsman
  JoAnn Douglas
  Sheldon Rittmer
  S-5570		H.F. 2282	Maggie Tinsman
  S-5571		H.F. 2282	Mike Connolly
  S-5572		H.F. 2498	Rod Halvorson
  S-5573		H.F. 2494	John P. Kibbie
  Dick L. Dearden
  Bill Fink
  Elaine Szymoniak
  Mary Neuhauser
  Mike Connolly
  Robert E. Dvorsky
  Patricia Harper
  Steven D. Hansen
  Tom Flynn
  Eugene S. Fraise
  Dennis H. Black
  Patrick J. Deluhery
  S-5574		H.F. 2494	John P. Kibbie
  Dick L. Dearden
  Bill Fink
  Dennis H. Black
  Patty Judge
  Michael E. Gronstal
  Eugene S. Fraise
  Wally E. Horn
  Elaine Szymoniak
  Mary Neuhauser
  Matt McCoy
  Mike Connolly
  Robert E. Dvorsky
  Patricia Harper
  Patrick J. Deluhery
  Tom Flynn
  Steven D. Hansen
  Johnie Hammond
  S-5575		H.F. 2494	Tom Vilsack
  Mike Connolly
  Robert E. Dvorsky
  Patricia Harper
  Tom Flynn
  Steven D. Hansen
  Eugene S. Fraise
  Patrick J. Deluhery
  John P. Kibbie
  Dick L. Dearden
  Bill Fink
  Elaine Szymoniak
  Mary Neuhauser
  Johnie Hammond
  S-5576		H.F. 2282	Mike Connolly
  S-5577		H.F. 2494	Mary A. Lundby
  Andy McKean
  S-5578		S.F. 2274	House
  S-5579		S.F. 2368	House
  S-5580		S.F. 2377	House
  S-5581		H.F. 2494	Wilmer Rensink
  Patty Judge
  John P. Kibbie
  S-5582		H.F. 2498	Appropriations
  S-5583		H.F. 2494	Mary A. Lundby
  S-5584		H.F. 2494	Tom Vilsack
  Mike Connolly
  Mary Neuhauser
  Robert E. Dvorsky
  Eugene S. Fraise
  John P. Kibbie
  Johnie Hammond
  Patricia Harper
  Dick L. Dearden
  Bill Fink
  Elaine Szymoniak
  S-5585		H.F. 2494	Tom Vilsack
  John P. Kibbie
  S-5586		S.F. 2316	House
  S-5587		S.F. 2200	House
  S-5588		H.F. 2494	Tom Vilsack
  Mike Connolly
  Bill Fink
  Dick L. Dearden
  Mary Neuhauser
  Robert E. Dvorsky
  Eugene S. Fraise
  Johnie Hammond
  Elaine Szymoniak
  Patricia Harper
  Steven D. Hansen
  Tom Flynn
  John P. Kibbie
  Patrick J. Deluhery
  S-5589		S.F. 2109	House
  S-5590		S.F. 2409	Allen Borlaug
  S-5591		H.F. 2533	Dennis H. Black
  S-5592		S.F. 2277	House
  S-5593		H.F. 2539	House
  S-5594		S.F. 2292	House

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:37 p.m.,
  until 9:00 a.m., Thursday, April 9, 1998.
  1150	JOURNAL OF THE SENATE	87th Day
  87th Day	WEDNESDAY, APRIL 8, 1998	1149

© 1998 Cornell College and League of Women Voters of Iowa

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