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EIGHTY-EIGHTH CALENDAR DAY FIFTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 9, 1998 The Senate met in regular session at 9:24 a.m., Senator Lundby presiding. Prayer was offered by the Reverend Rich Milliken, Pastor of the Christian Church, Grinnell, Iowa. The Journal of Wednesday, April 8, 1998, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Black and Vilsack until they arrive, on request of Senator Gronstal. PRESENTATION OF VISITOR Senator Szymoniak introduced Katarzyna Maria Piekarska, member of the Polish Parliament, who was visiting the Iowa Senate. Ms. Piekarska is in the United States as part of the United States Information Agency's International Visitor Program. RECESS On motion of Senator Iverson, the Senate recessed at 9:36 a.m., until 10:30 a.m. RECONVENED The Senate reconvened at 1:14 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 38 present, 12 absent, and a quorum present. 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 9, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2268, a bill for an act relating to rural water services by authorizing rural water districts to enter into agreements with other governmental entities to provide for the ownership, acquisition, construction, and equipping of sewer systems, and authorizing the issuance of revenue obligations to finance the projects and providing procedures for detaching property from one district and attaching it to another district (S-5600). ALSO: That the House has on April 9, 1998, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 2049, a bill for an act relating to redemption by a county of certain parcels sold at property tax sale. House File 2335, a bill for an act relating to persons holding interests in agricultural land and providing penalties and an effective date. ALSO: That the House has on April 9, 1998, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 120, a concurrent resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa Secondary Principal of the Year. COMPANION BILL RECEIVED On April 9, 1998, House Concurrent Resolution 120 was received and attached to companion Senate Concurrent Resolution 116 on the Senate calendar. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2498. House File 2498 On motion of Senator Lundby, 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Iverson asked and received unanimous consent that action on House File 2498 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Dearden until he returns, on request of Senator Hammond; Senator Rehberg until she arrives, on request of Senator Flynn. HOUSE AMENDMENTS CONSIDERED Senate File 2161 Senator Szymoniak called up for consideration Senate File 2161, a bill for an act relating to the reporting and partner notification requirements relative to the human immunodeficiency virus, amended by the House, and moved that the Senate concur in House amendment S-5533 filed April 6, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Szymoniak 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. 2161), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 4: Dvorsky Gronstal Hammond Vilsack Absent or not voting, 3: Dearden McCoy Rehberg The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2188 Senator Flynn called up for consideration Senate File 2188, a bill for an act relating to debt collection, amended by the House, and moved that the Senate concur in House amendment S-5504 filed April 6, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Flynn 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. 2188), 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 McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2312 Senator Behn called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5502 filed April 6, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Behn 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. 2312), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Hammond Harper Neuhauser Absent or not voting, 1: Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2400 On motion of Senator King, House File 2400, a bill for an act providing a procedure for the preservation of a mechanic's lien for materials or labor furnished to a subcontractor and providing for related matters, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator King offered amendment S-5501, filed by him on April 6, 1998, to page 2 of the bill. President pro tempore Redfern took the chair at 2:04 p.m. Senator King moved the adoption of amendment S-5501. Amendment S-5501 was adopted by a voice vote. Senator Douglas offered amendment S-5459, filed by her on April 1, 1998, to page 2 of the bill. PRESENTATION OF VISITORS The Chair welcomed twenty-seven students from West Central Middle School of Redfield, Iowa, accompanied by Stacie Noble and Leslie Wiles. Senator Douglas. BUSINESS PENDING House File 2400 The Senate resumed consideration of House File 2400 and amendment S-5459 by Senator Douglas to page 2 of the bill. President Kramer took the chair at 2:27 p.m. Senator Douglas moved the adoption of amendment S-5459. Amendment S-5459 was adopted by a voice vote. Senator King moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2400), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink 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 Szymoniak Tinsman Zieman Nays, 1: Flynn Absent or not voting, 2: Schuerer 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 2161, 2188, 2312, and House File 2400 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack until he returns, on request of Senator Gronstal. BUSINESS PENDING House File 2498 The Senate resumed consideration of 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, previously deferred. Senator Lundby offered amendment S-5582, filed by the committee on Appropriations on April 8, 1998, to pages 1, 2, 4, 6, 12-14, and 17-23 of the bill. Senator Jensen offered amendment S-5605, filed by Senators Jensen, et al., from the floor to amendment S-5582, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5605 to amendment S-5582 be adopted?" (H.F. 2498), the vote was: Ayes, 33: Behn Black Boettger Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Gaskill Gettings Gronstal Halvorson Hammond Harper Horn Jensen Kibbie Kramer McCoy McKibben Neuhauser Palmer Redfern Rehberg Rensink Rife Schuerer Szymoniak Tinsman Zieman Nays, 14: Angelo Bartz Freeman Hansen Hedge Iverson Judge King Lundby Maddox McKean McLaren Redwine Rittmer Absent or not voting, 3: Borlaug Drake Vilsack Amendment S-5605 was adopted. Senator Lundby asked and received unanimous consent to withdraw amendment S-5603, filed by her from the floor to amendment S-5582. Senator Jensen offered amendment S-5596, filed by him from the floor to amendment S-5582, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5596 to amendment S-5582 be adopted?" (H.F. 2498), the vote was: Ayes, 12: Behn Boettger Borlaug Drake Flynn Gaskill Harper Jensen Kramer Rehberg Rensink Zieman Nays, 36: Angelo Black Connolly Dearden Deluhery Douglas Dvorsky Fink Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rife Rittmer Schuerer Szymoniak Tinsman Absent or not voting, 2: Bartz Vilsack Amendment S-5596 lost. The Senate stood at ease at 2:57 p.m. until the fall of the gavel. The Senate resumed session at 3:03 p.m., President Kramer presiding. Senator McCoy offered amendment S-5608, filed by him from the floor to amendment S-5582, and moved its adoption. Amendment S-5608 lost by a voice vote. Senator Black offered amendment S-5604, filed by him from the floor to amendment S-5582, and moved its adoption. Amendment S-5604 was adopted by a voice vote. Senator Halvorson offered amendment S-5607, filed by Senators Halvorson and Rittmer from the floor to amendment S-5582, and moved its adoption. Amendment S-5607 was adopted by a voice vote. Senator Lundby moved the adoption of amendment S-5582. Amendment S-5582 was adopted by a voice vote. Senator Hammond offered amendment S-5598, filed by her from the floor to page 11 of the bill, and moved its adoption. Amendment S-5598 was adopted by a voice vote. Senator Halvorson offered amendment S-5572, filed by him on April 8, 1998, to pages 20 and 23 of the bill. Senator Lundby raised the point of order that amendment S-5572 was not germane to the bill. The Chair ruled the point well taken and amendment S-5572 out of order. Senator Bartz took the chair at 3:25 p.m. Senator Hedge offered amendment S-5601, filed by Senators Hedge, et al., from the floor to pages 23 and 24 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gettings for the remainder of the day, on request of Senator Fraise. BUSINESS PENDING House File 2498 The Senate resumed consideration of House File 2498 and amendment S-5601 by Senators Hedge, et al., to pages 23 and 24 of the bill. Senator Hedge moved the adoption of amendment S-5601. A record roll call was requested. On the question "Shall amendment S-5601 be adopted?" (H.F. 2498), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Angelo Bartz Behn Boettger Borlaug Fraise Freeman Halvorson Hedge Horn Jensen Judge Kibbie King Lundby McKean McKibben McLaren Redwine Rehberg Schuerer Tinsman Zieman Nays, 25: Black Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Gaskill Gronstal Hammond Hansen Harper Iverson Kramer Maddox McCoy Neuhauser Palmer Redfern Rensink Rittmer Szymoniak Vilsack Absent or not voting, 2: Gettings Rife Amendment S-5601 lost. President Kramer took the chair at 4:23 p.m. Senator Lundby offered amendment S-5602, filed by her from the floor to pages 24 and 25 of the bill, and moved its adoption. Amendment S-5602 was adopted by a voice vote. Senator Lundby 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. 2498), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Hammond 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, 3: Gronstal Halvorson Hansen Absent or not voting, 2: Gettings Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Borlaug for the remainder of the day, on request of Senator Jensen. HOUSE AMENDMENT CONSIDERED Senate File 2404 Senator Rensink called up for consideration Senate File 2404, a bill for an act relating to cooperatives organized under Code chapter 501, amended by the House, and moved that the Senate concur in House amendment S-5537 filed April 6, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Rensink 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. 2404), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger 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 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Borlaug Gettings Rife 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: Alan L. Thompson, Board of Barber Examiners James M. Holcomb, Iowa Comprehensive Petroleum Underground Storage Tank Fund Board Dr. James M. Cunningham, Board of Physician Assistant Examiners Jerry D. Stilwell, Prevention of Disabilities Policy Council Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger 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 McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Borlaug Gettings Maddox Rife The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. HOUSE AMENDMENT CONSIDERED Senate File 2331 Senator Angelo called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5551 filed April 7, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Angelo 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. 2331), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gaskill 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 Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Borlaug Drake Gettings Lundby 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 2052 Senator Bartz called up for consideration Senate File 2052, a bill for an act relating to programs involving government finance, by providing for the issuance of private activity bonds to administer programs by governmental entities, including the Iowa agricultural development authority and political subdivisions, and providing program assistance to beginning farmers, amended by the House in House amendment S-5474 filed April 1, 1998. Senator Bartz offered amendment S-5599, filed by him from the floor to amendment S-5474, and moved its adoption. Amendment S-5599 was adopted by a voice vote. Senator Hansen offered amendment S-5552, filed by him on April 7, 1998, to amendment S-5474. Senator Bartz asked and received unanimous consent that action on amendment S-5552 and Senate File 2052 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2417. Senate File 2417 On motion of Senator Freeman, Senate File 2417, a bill for an act establishing a railroad revolving loan fund and making an appropriation, was taken up for consideration. Senator Freeman 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. 2417), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger 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 McLaren Neuhauser Palmer Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Rife Absent or not voting, 3: Borlaug Gettings Redfern 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 2119. House File 2119 On motion of Senator Douglas, House File 2119, a bill for an act providing for the creation of an Iowa educational savings plan trust, addressing tax aspects, and containing applicability provisions, with report of committee recommending passage, was taken up for consideration. Senator Douglas moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2119), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger 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 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Borlaug Gettings 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 2353 Senator Tinsman called up for consideration Senate File 2353, a bill for an act relating to an allocation of state aid for purposes of school-based youth services programs, amended by the House, and moved that the Senate concur in House amendment S-5491 filed April 2, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Tinsman 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. 2353), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Dearden Deluhery 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 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Present, 1: Connolly Absent or not voting, 3: Borlaug Douglas Gettings The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 2052 The Senate resumed consideration of Senate File 2052, a bill for an act relating to programs involving government finance, by providing for the issuance of private activity bonds to administer programs by governmental entities, including the Iowa agricultural development authority and political subdivisions, and providing program assistance to beginning farmers, and amendment S-5552 by Senator Hansen to House amendment S-5474, previously deferred. Senator Hansen moved the adoption of amendment S-5552 and requested a record roll call. On the question "Shall amendment S-5552 to amendment S-5474 be adopted?" (S.F. 2052), the vote was: Ayes, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Kibbie Kramer Maddox McCoy Neuhauser Palmer Redwine Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Boettger Douglas Drake Freeman Gaskill Hedge Iverson Jensen Judge King Lundby McKean McKibben McLaren Redfern Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Borlaug Gettings Amendment S-5552 lost. Senator Bartz 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 Bartz 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. 2052), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger 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 McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Borlaug Gettings The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lundby for the remainder of the day, on request of Senator Freeman. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2553. House File 2553 On motion of Senator McLaren, 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, with report of committee recommending passage, was taken up for consideration. Senator Neuhauser offered amendment S-5614, filed by her from the floor to page 4 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5614 be adopted?" (H.F. 2553), 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 Freeman Gronstal Halvorson Hammond Hansen Harper Judge Kibbie McCoy McKean Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Boettger Douglas Drake Gaskill Hedge Horn Iverson Jensen King Kramer Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Borlaug Gettings Lundby Amendment S-5614 lost. Senator McLaren moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2553), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill 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 Szymoniak Tinsman Vilsack Zieman Nays, 1: Schuerer Absent or not voting, 3: Borlaug Gettings Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2517 On motion of Senator Boettger, House File 2517, a bill for an act establishing a healthy and well kids in Iowa (HAWK-I) program to provide health insurance to eligible children and providing an effective date, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Boettger offered amendment S-5610, filed by Senators Boettger, et al., from the floor to pages 1-14 and the title page of the bill, and moved its adoption. Amendment S-5610 was adopted by a voice vote. Senator Hammond offered amendment S-5617, filed by her from the floor to page 7 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5617 be adopted?" (H.F. 2517), the vote was: Ayes, 20: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Vilsack Nays, 25: Angelo Bartz Behn Boettger Douglas Drake Freeman Gaskill Hedge Iverson King Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Present, 1: Kramer Absent or not voting, 4: Borlaug Gettings Jensen Lundby Amendment S-5617 lost. 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. 2517), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Judge Kibbie King Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Present, 1: Kramer Absent or not voting, 4: Borlaug Gettings Jensen Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2052, 2331, 2353, 2404, 2417, and House Files 2119, 2498, 2517, and 2553 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 9, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2538, a bill for an act relating to eligible housing businesses qualifying for incentives and assistance in enterprise zones, providing additional incentives and assistance for approved eligible businesses located in an enterprise zone, and requiring consideration of building codes and zoning. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 9, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2313, a bill for an act relating to child support, providing penalties, and providing effective dates (S-5609). 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 9th day of April, 1998: Senate Files 2023, 2085, 2170, 2185, and 2186. MARY PAT GUNDERSON Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 9, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2288 - Relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date. S.F. 2338 - Relating to adoptions including the process for adoption of a deceased person and relating to the entities responsible for assisting in international adoptions and providing an effective date. H.F. 2339 - Relating to limits on coverage of the remedial account of the Iowa Comprehensive Petroleum Underground Storage Tank Fund, the minimum copayment provisions in regard to the remedial account, and creating a no further action fund. H.F. 2468 - Establishing an electronic benefits transfer program in the department of human services. H.F. 2482 - Relating to certain criminal acts committed on or against the property of railway corporations and providing and applying penalties. H.F. 2490 - Relating to the administration of the insurance account of the comprehensive petroleum underground storage tank fund, creating an underground storage tank insurance board, an underground storage tank insurance fund, and transferring assets and liabilities of the insurance account of the comprehensive petroleum underground storage tank fund. H.F. 2523 - Relating to the reimbursement of certain providers of services under the medical assistance program. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing the Senate Amendment to House File 2494, the following corrections were made: 1. Page 39, lines 23 and 24, the words and numbers "Sections 9, 10, 13, 26, 28, 37, 100, 101 through 40, 44, 45" were changed to the words and numbers "Sections 9, 10, 14, 27, 29, 38, 39, 40 through 43, 48, 49". 2. Page 39, lines 26 and 27, the words and numbers "Sections 11, 101, 14, 15, 17 through 20, 22, 25, 29, 30, and 32 through 34" were changed to the words and numbers "Sections 11, 13, 15, 16, 18 through 21, 23, 26, 30, 31, and 33 through 35". MARY PAT GUNDERSON Secretary of the Senate REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 9, 1998, 10:12 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Black, Douglas, Dvorsky, Freeman, Halvorson, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rife, Rittmer, and Vilsack. Members Absent: Behn, Borlaug, Hammond, Rensink, and Tinsman (all excused). Committee Business: Passed HF 2553. Adjourned: 11:30 a.m. SUBCOMMITTEE ASSIGNMENTS House File 2534 WAYS AND MEANS: Douglas, Chair; Freeman and Judge House File 2540 WAYS AND MEANS: Drake, Chair; Connolly and Douglas House File 2543 WAYS AND MEANS: Maddox, Chair; Borlaug and Connolly House File 2553 APPROPRIATIONS: McLaren, Chair; Flynn and Lundby EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 9, 1998, when the vote was taken on House File 2400. Had I been present, I would have voted "aye." NEAL SCHUERER COMMITTEE REPORT APPROPRIATIONS Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 18: McLaren, Kramer, Flynn, Douglas, Dvorsky, Freeman, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rife, Rittmer, and Vilsack. Nays, 2: Black and Halvorson. Absent or not voting, 5: Behn, Borlaug, Hammond, Rensink, and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5595 H.F. 2269 Kitty Rehberg S-5596 H.F. 2498 John W. Jensen S-5597 S.F. 2387 O. Gene Maddox S-5598 H.F. 2498 Johnie Hammond S-5599 S.F. 2052 Merlin E. Bartz S-5600 S.F. 2268 House S-5601 H.F. 2498 H. Kay Hedge Jerry Behn Mary A. Lundby Lyle E. Zieman Neal Schuerer E. Thurman Gaskill John W. Jensen Jack Rife John P. Kibbie Dennis H. Black Rod Halvorson Eugene S. Fraise Kitty Rehberg Don Gettings Wally E. Horn S-5602 H.F. 2498 Mary A. Lundby S-5603 H.F. 2498 Mary A. Lundby S-5604 H.F. 2498 Dennis H. Black S-5605 H.F. 2498 John W. Jensen Richard F. Drake Michael E. Gronstal Patrick J. Deluhery S-5606 S.F. 2414 Allen Borlaug S-5607 H.F. 2498 Rod Halvorson Sheldon Rittmer S-5608 H.F. 2498 Matt McCoy S-5609 S.F. 2313 House S-5610 H.F. 2517 Nancy Boettger Elaine Szymoniak John Redwine Jerry Behn Wilmer Rensink Maggie Tinsman Robert E. Dvorsky Johnie Hammond Dick L. Dearden Patricia Harper Lyle E. Zieman Neal Schuerer Merlin E. Bartz S-5611 S.F. 2409 Allen Borlaug S-5612 S.F. 2409 Allen Borlaug S-5613 S.F. 2296 Allen Borlaug S-5614 H.F. 2553 Mary Neuhauser S-5615 S.F. 2414 Johnie Hammond Allen Borlaug Robert E. Dvorsky S-5616 H.F. 2538 JoAnn Douglas S-5617 H.F. 2517 Johnie Hammond ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:57 p.m., until 11:00 a.m., Monday, April 13, 1998. 1180 JOURNAL OF THE SENATE 88th Day 88th Day THURSDAY, APRIL 9, 1998 1181
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