Senate Journal: Monday, April 13, 1998

  NINETY-SECOND CALENDAR DAY
  FIFTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, April 13, 1998

  The Senate met in regular session at 11:29 a.m., President Kramer
  presiding.

  Prayer was offered by Bishop Christopher Epting, of the Episcopal
  Diocese of Iowa.

  Harriet Vande Hoef, House Secretary from Harris, Iowa,
  performed "The Lord's Prayer."

  The Journal of Thursday, April 9, 1998, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Dearden until he arrives, on request of Senator Gronstal; Senator
  Neuhauser until she arrives, on request of Senator Hansen; Senator McLaren
  until he
  arrives, on request of Senator Iverson; Senator Vilsack until he returns, on
  request of
  Senator Gronstal.

  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:

  Robert L. Cramer, Alcoholic Beverages Commission

  Mary C. Hodges, Board of Medical Examiners

  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	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	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Vilsack	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Dearden	McLaren	Neuhauser			

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

  CONFIRMATION OF GOVERNOR'S APPOINTMENT
  (Individual Confirmation Calendar)

  Senator Iverson called up the appointment of Richard P. Moore, as
  a member of the Public Employment Relations Board, placed on the
  Individual Confirmation Calendar on April 1, 1998, and found on
  page 1020 of the Senate Journal.

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

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

  Ayes, 45:

  Angelo	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	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rittmer	Schuerer	Szymoniak	Tinsman
  Zieman	

  Nays, 1:

  Rife	

  Absent or not voting, 4:

  Dearden	McLaren	Neuhauser	Vilsack		

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

  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 120, by Jensen and Flynn, a resolution
  requesting that the Legislative Council authorize an interim study of
  statewide jail space needs.

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

  Senate Concurrent Resolution 117, by Rehberg, a concurrent
  resolution recognizing and honoring members of the Save the
  Backbone Lake Committee who participated in the restoration of
  Backbone Lake in Backbone State Park.

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

  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 9, 1998, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 2410, a bill for an act relating to appropriations for
  the department of human services and the prevention of disabilities
  policy council and including other provisions and appropriations
  involving human services and health care, and providing effective
  dates and an applicability provision (S-5618).

  HOUSE AMENDMENT CONSIDERED

  Senate Joint Resolution 9

  Senator Lundby called up for consideration Senate Joint
  Resolution 9, a joint resolution proposing an amendment to the
  Constitution of the State of Iowa relating to the qualifications of
  electors, amended by the House in House amendment S-5488 filed
  April 2, 1998.

  Senator Deluhery asked and received unanimous consent that
  action on amendment S-5488 and Senate Joint Resolution 9 be
  deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 316

  Senator Redwine called up for consideration Senate File 316, a bill
  for an act relating to the probationary period for deputy sheriffs,
  amended by the House, and moved that the Senate concur in House
  amendment S-5299 filed March 23, 1998.

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

  Senator Redwine 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. 316), the vote was:

  Ayes, 46:

  Angelo	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	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 4:

  Dearden	McLaren	Neuhauser	Vilsack		

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

  HOUSE AMENDMENT CONSIDERED

  Senate File 347

  Senator Angelo called up for consideration Senate File 347, a bill
  for an act relating to the disposal of public nuisances seized by the
  department of natural resources, amended by the House, and moved
  that the Senate concur in House amendment S-5487 filed April 2,
  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. 347), the vote was:

  Ayes, 46:

  Angelo	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	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 4:

  Dearden	McLaren	Neuhauser	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 316 and 347 be immediately messaged to the House.

  HOUSE AMENDMENTS CONSIDERED

  Senate File 518

  Senator Lundby called up for consideration Senate File 518, a bill
  for an act relating to the administration of state government, by
  providing for the practices of the department of general services, state
  procurement, motor vehicles, and state printing, amended by the
  House, and moved that the Senate concur in House amendment
  S-5379 filed March 25, 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. 518), the vote was:
  Ayes, 46:

  Angelo	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	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 4:

  Dearden	McLaren	Neuhauser	Vilsack		

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

  Senate File 2109

  Senator Borlaug called up for consideration Senate File 2109, a bill
  for an act relating to mobile home dealers, amended by the House,
  and moved that the Senate concur in House amendment S-5589 filed
  April 8, 1998.

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

  Senator Borlaug moved that the bill as amended by the House and
  concurred in by the Senate be read the last time now and placed upon
  its passage, which motion prevailed by a voice vote, and the bill was
  read the last time.

  On the question "Shall the bill pass?" (S.F. 2109), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	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	Palmer	Redfern
  Redwine	Rehberg	Rensink	Rittmer
  Schuerer	Szymoniak	Tinsman	Zieman	

  Nays, 1:

  Deluhery	

  Absent or not voting, 5:

  Dearden	McLaren	Neuhauser	Rife
  Vilsack			

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

  Senate File 2339

  Senator McKean called up for consideration 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,
  amended by the House, and moved that the Senate concur in House
  amendment S-5547 filed April 7, 1998.

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

  Senator Hedge took the chair at 12:31 p.m.

  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. 2339), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	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	Palmer	Redfern
  Redwine	Rehberg	Rensink	Rife
  Rittmer	Schuerer	Szymoniak	Tinsman
  Zieman	

  Nays, 1:

  Connolly	

  Absent or not voting, 4:

  Dearden	McLaren	Neuhauser	Vilsack		

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

  Senate File 2368

  Senator Schuerer called up for consideration 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, amended by the House, and moved that the Senate
  concur in House amendment S-5579 filed April 8, 1998.

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

  Senator Schuerer moved that the bill as amended by the House
  and concurred in by the Senate be read the last time now and placed
  upon its passage, which motion prevailed by a voice vote, and the bill
  was read the last time.

  On the question "Shall the bill pass?" (S.F. 2368), the vote was:

  Ayes, 46:

  Angelo	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
  McKean	McKibben	McLaren	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 4:

  Dearden	McCoy	Neuhauser	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 518, 2109, 2339, and 2368 be immediately messaged
  to the House.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2414.

  Senate File 2414

  On motion of Senator Borlaug, Senate File 2414, a bill for an act
  relating to a workforce recruitment initiative and providing an
  effective date, with report of committee recommending passage, was
  taken up for consideration.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 2414 be deferred.

  ADOPTION OF RESOLUTIONS

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 113.
  Senate Resolution 113

  On motion of Senator Iverson, Senate Resolution 113,

  3  A Senate Resolution honoring Senator Michael W. Connolly for his
  4     years of legislative service.
  5     WHEREAS, Senator Michael W. Connolly will this year
  6  complete his tenth year of office in the Senate and
  7  twenty years of service to the state of Iowa as a
  8  member of the General Assembly; and
  9     WHEREAS, Senator Connolly has served honorably and
  10  has unselfishly given his time and efforts to further
  11  the interests of the state of Iowa and to provide
  12  beneficial programs for the citizens of Iowa; and
  13     WHEREAS, it is proper that Senator Connolly be
  14  honored for his many years of service to the state of
  15  Iowa; NOW THEREFORE,
  16     BE IT RESOLVED BY THE SENATE, That the Senate pay
  17  tribute to Senator Connolly and express its gratitude
  18  for the service rendered by him; and
  19     BE IT FURTHER RESOLVED, That the Senate present to
  20  Senator Connolly his Senate chair in appreciation for
  21  his service,

  was taken up for consideration.

  Senator Iverson moved the adoption of Senate Resolution 113,
  which motion prevailed by a voice vote.

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 117.

  Senate Resolution 117

  On motion of Senator Iverson, Senate Resolution 117,

  3  A Senate Resolution honoring Senator Andy McKean for
  4     his years of legislative service.
  5     WHEREAS, Senator Andy McKean will this year
  6  complete his sixth year of office in the Senate and
  7  twenty years of service to the state of Iowa as a
  8  member of the General Assembly; and
  9     WHEREAS, Senator McKean has served honorably and
  10  has unselfishly given his time and efforts to further
  11  the interests of the state of Iowa and to provide
  12  beneficial programs for the citizens of Iowa; and
  13     WHEREAS, it is proper that Senator McKean be
  14  honored for his many years of service to the state of
  15  Iowa; NOW THEREFORE,
  16     BE IT RESOLVED BY THE SENATE, That the Senate pay
  17  tribute to Senator McKean and express its gratitude
  18  for the service rendered by him; and
  19     BE IT FURTHER RESOLVED, That the Senate present to
  20  Senator McKean his Senate chair in appreciation for
  21  his service,

  was taken up for consideration.

  Senator Iverson moved the adoption of Senate Resolution 117,
  which motion prevailed by a voice vote.

  UNFINISHED BUSINESS

  House File 2275

  On motion of Senator Rensink, House File 2275, a bill for an act
  relating to health care providers including the application of records
  checks to additional providers and the recording and availability of
  the records of the facility inspections and providing for a repeal, with
  report of committee recommending amendment and passage, placed
  on the Unfinished Business Calendar on March 26, 1998, was taken
  up for consideration.

  Senator Boettger asked and received unanimous consent to
  withdraw amendment S-5284, filed by the committee on Human
  Resources on March 19, 1998, to pages 1, 3, and the title page of the
  bill.

  With the withdrawal of amendment S-5284, the Chair ruled
  amendment S-5526, filed by Senator Hammond on April 6, 1998, to
  pages 1-3 of the bill, and amendment S-5538, filed by Senator
  Boettger on April 6, 1998, to amendment S-5284, out of order.

  Senator Flynn offered amendment S-5247, filed by him on March 16,
  1998, to page 1 of the bill, and moved its adoption.

  Amendment S-5247 was adopted by a voice vote.

  Senator Rensink offered amendment S-5621, filed by Senators
  Rensink and Hammond from the floor to page 2 of the bill, and moved
  its adoption.
  Amendment S-5621 was adopted by a voice vote.

  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. 2275), 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
  Hammond	Hansen	Harper	Hedge
  Horn	Iverson	Jensen	Judge
  Kibbie	Lundby	Maddox	McCoy
  McKean	McKibben	McLaren	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rittmer	Schuerer	Szymoniak	Tinsman
  Vilsack	Zieman	

  Nays, none.

  Absent or not voting, 4:

  King	Kramer	Neuhauser	Rife		

  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 2387

  Senator Maddox called up for consideration Senate File 2387, a bill
  for an act relating to adoption procedural requirements including
  those related to investigations, reports, and counseling, amended by
  the House in House amendment S-5550 filed April 7, 1998.

  President Kramer took the chair at 1:26 p.m.

  Senator Maddox offered amendment S-5597, filed by him on April 9,
  1998, to amendment S-5550, and moved its adoption.
  Amendment S-5597 was adopted by a voice vote.

  Senator Maddox offered amendment S-5623, filed by him from the
  floor to amendment S-5550, and moved its adoption.

  Amendment S-5623 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. 2387), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  King	McKean	

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

  Senate File 2414

  The Senate resumed consideration of Senate File 2414, a bill for an
  act relating to a workforce recruitment initiative and providing an
  effective date, previously deferred.

  Senator Dearden offered amendment S-5624, filed by Senators
  Dearden, et al., from the floor to pages 1 and 3 of the bill.

  Senator Borlaug raised the point of order that amendment S-5624
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5624 out
  of order.

  Senator Vilsack offered amendment S-5553, filed by Senators
  Vilsack, et al., on April 7, 1998, to pages 1 and 3 of the bill.

  Senator Borlaug raised the point of order that amendment S-5553
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5553 out
  of order.

  Senator Vilsack asked and received unanimous consent that action
  on Senate File 2414 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Bartz until he returns, on request of Senator Behn.

  CONSIDERATION OF BILLS
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2542.
  House File 2542

  On motion of Senator Judge, 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, with report of committee recommending amendment and
  passage, was taken up for consideration.

  Senator Judge offered amendment S-5555, filed by the committee
  on Ways and Means on April 7, 1998, to page 10 of the bill, and
  moved its adoption.

  Amendment S-5555 was adopted by a voice vote.

  Senator Judge 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. 2542), the vote was:

  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 4:

  Bartz	Borlaug	Jensen	McKibben		

  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 to take up
  for consideration House File 2541.
  House File 2541

  On motion of Senator Drake, House File 2541, a bill for an act
  relating to the use tax exemption for vehicles used substantially in
  interstate commerce, with report of committee recommending
  passage, was taken up for consideration.

  Senator Drake 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. 2541), 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	Judge	Kibbie	King
  Kramer	Lundby	Maddox	McCoy
  McKean	McLaren	Neuhauser	Palmer
  Redfern	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Vilsack	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Bartz	Jensen	McKibben			

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

  UNFINISHED BUSINESS

  House File 2348

  On motion of Senator Szymoniak, House File 2348, a bill for an act
  relating to institutions and facilities administered by the department
  of human services and to similar and related services, with report of
  committee recommending passage, placed on the Unfinished Business
  Calendar on March 26, 1998, was taken up for consideration.
  Senator Hammond offered amendment S-5388, filed by Senators
  Hammond, Harper, and Dvorsky on March 25, 1998, to pages 1-3 and
  5-7 of the bill.

  Senator Bartz took the chair at 2:28 p.m.

  Senator Hammond moved the adoption of amendment S-5388 and
  requested a record roll call.

  On the question "Shall amendment S-5388 be adopted?" (H.F. 2348),
  the vote was:

  Ayes, 21:

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

  Nays, 29:

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

  Absent or not voting, none.

  Amendment S-5388 lost.

  Senator Szymoniak offered amendment S-5394, filed by Senators
  Szymoniak, Tinsman, and Boettger on March 26, 1998, to pages 1-6
  of the bill.

  Senator Hammond asked and received unanimous consent that
  action on amendment S-5394 be deferred.

  Senator Tinsman offered amendment S-5421, filed by her on
  March 30, 1998, to page 2 of the bill, and moved its adoption.
  Amendment S-5421 was adopted by a voice vote.

  Senator Dvorsky offered amendment S-5452, filed by him on
  March 31, 1998, to page 4 of the bill.

  Senator Dvorsky asked and received unanimous consent that
  action on amendment S-5452 be deferred.

  Senator Dvorsky offered amendment S-5451, filed by him on
  March 31, 1998, to page 7 of the bill, moved its adoption, and
  requested a record roll call.

  On the question "Shall amendment S-5451 be adopted?" (H.F. 2348),
  the vote was:

  Ayes, 21:

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

  Nays, 29:

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

  Absent or not voting, none.

  Amendment S-5451 lost.

  The Senate stood at ease at 3:08 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:46 p.m., President Kramer presiding.

  (Action on House File 2348 and amendments S-5394 and S-5452
  was deferred.)
  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 118, by Jensen, a concurrent
  resolution requesting the Legislative Council to establish an interim
  study committee to review the issue of the deregulation and
  restructuring of the electric utility industry.

  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 13, 1998, concurred in the Senate amendment and passed
  the
  following bills in which the concurrence of the House was asked:

  House File 2120, a bill for an act prohibiting the use of self-
  service displays in the offering for sale or sale of cigarettes or tobacco
  products, and providing a penalty.

  House File 2175, a bill for an act relating to the creation of, and
  annexation of property to, a sanitary sewer district.

  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.

  House File 2472, a bill for an act relating to fines imposed for
  violations of city or county ordinances or city or county infractions
  and providing an effective date.

  House File 2487, a bill for an act relating to the fines and
  penalties and other requirements applicable to the sale of alcohol and
  providing an effective date.

  House File 2494, a bill for an act regulating animal feeding
  operations and making penalties applicable and providing an
  effective date.
  ALSO:  That the House has on April 13, 1998, concurred in the Senate
  amendment
  to the House amendment, and passed the following bill in which the
  concurrence of
  the House was asked:

  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.

  ALSO:  That the House has on April 13, 1998, amended the Senate amendment,
  concurred in the Senate amendment as amended, and passed the following bills
  in
  which the concurrence of the Senate is asked:

  House File 8, a bill for an act relating to the funding of state
  mandates (S-5629).

  House File 2290, a bill for an act relating to the civil damages
  and penalties for the illegal taking of antlered deer (S-5628).

  ALSO:  That the House has on April 13, 1998, passed the following bill in
  which the
  concurrence of the House was asked:

  Senate File 466, a bill for an act relating to the theft of video
  rental property and making penalties applicable.

  IMMEDIATELY MESSAGED

  Senator Hedge asked and received unanimous consent that House
  Files 2275, 2541, and 2542 be immediately messaged to the
  House.
  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
  13th day
  of April, 1998:

  Senate Files 2201, 2218, 2261, 2325, 2335, 2337, 2348, 2351, 2364, 2399,
  2400, and
  2407.

  MARY PAT GUNDERSON
  Secretary of the Senate

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 13, 1998,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 2015 - Removing cottonwood trees and cotton-bearing poplar trees in
  cities
  from a list of items deemed to be nuisances.

  S.F. 2023 - Relating to the issuance of United States Armed Forces retired
  special
  plates, to the issuance of ex-prisoner of war motor vehicle registration
  plates to
  surviving spouses and to the issuance of emergency medical services motor
  vehicle
  registration plates and establishing fees.

  S.F. 2085 - Relating to the responsibilities of the Department of
  Transportation,
  including vehicle equipment and parking regulation, postings of highway
  weight
  restrictions, and receipt of plans for city street construction.

  S.F. 2113 - Relating to driver and motor vehicle licensing, reporting, and
  registration.

  S.F. 2136 - Relating to statutory corrections which may adjust language to
  reflect
  current practices, insert earlier omissions, delete redundancies and
  inaccuracies, delete
  temporary language, resolve inconsistencies and conflicts, update ongoing
  provisions,
  or remove ambiguities, and providing effective and retroactive applicability
  dates.

  S.F. 2170 - Relating to licensing sanctions against individuals who default
  on debt
  owed to or collected by the College Student Aid Commission.

  S.F. 2185 - Providing for the purchase of biodegradable hydraulic fluids
  manufactured from soybeans by state agencies.
  S.F. 2186 - Relating to the validity and enforceability in Iowa of an
  advance
  directive document executed by a veteran of the armed forces.

  S.F. 2257 - Relating to the regulation of and motor vehicle operation on the
  roads
  and streets of this state by providing for the classification of the system
  of roads and
  streets, authorizing easements on state-controlled lands, providing for the
  admissibility
  of official records of the State Department of Transportation, regulating
  motor vehicles
  and motor vehicle dealers, authorizing maintenance vehicles to stop or park
  on the
  traveled way of the roadway, allowing single trucks a variance on their
  maximum
  length, administering of motor vehicle laws by the State Department of
  Transportation
  concerning motor vehicle dealer sales, multiyear vehicle and vehicle dealer
  licensing,
  requiring the payment of certain civil penalties before issuance of
  temporary restricted
  licenses, and modifying the compilation requirements for airport sufficiency
  ratings.

  S.F. 2294 - Relating to the payment of snowmobile and all-terrain vehicle
  title fees.

  S.F. 2308 - Concerning eligible alternative retirement benefit systems for
  community college employees.

  S.F. 2357 - Updating the Iowa Code references to the Internal Revenue Code,
  exempting certain preneed funeral trust income from taxation, revising the
  carryback
  and carryover periods for certain net operating losses, providing refunds,
  and providing
  an effective date and retroactive applicability dates.

  H.F. 677 - Relating to child custody and visitation including the
  consideration of
  parent's criminal history in the awarding of visitation rights and including
  an
  exception from mandatory participation in a course by parties to an action
  involving
  child custody or visitation.

  H.F. 721 - Relating to an insurance premium tax credit for eligible
  businesses
  under the new jobs and income program.

  H.F. 2168 - Relating to the sale of stock or ownership interest of any
  corporation
  formed under the Iowa business development finance Act.

  H.F. 2337 - Concerning the method for imposition of the drug abuse
  resistance
  education surcharge.

  H.F. 2369 - Relating to the human immunodeficiency virus including the
  testing of
  an alleged offender for the human immunodeficiency virus, the intentional
  transmission of the human immunodeficiency virus, making penalties
  applicable,
  establishing penalties, and providing for an affirmative defense.

  H.F. 2394 - Providing for service of one hundred percent of the maximum
  sentence
  by and the suspension of a driver's license of a person charged with
  homicide by
  vehicle.

  H.F. 2476 - Providing for connection to the Iowa Communications Network by
  the
  Quad Cities Graduate Center.

  H.F. 2527 - Providing for victim rights, providing for penalties, and an
  effective
  date.
  REPORTS OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in enrolling
  Senate File 2325, the following corrections were made:

  1.	Page 1, line 5, the words "et. seq." were changed to the words "et seq.".

  2.	Page 17, line 35, the word and number "section 24" were changed to the
  word
  and number "section 23".

  Pursuant to Senate Rule 21, I report that in enrolling Senate File 2400, the
  following corrections were made:

  1.	Page 12, line 11, the words "LIEN HOLDERS" were changed to the word
  "LIENHOLDERS".

  2.	Page 13, line 3, the words "twenty-four hours notice" were changed to the
  words "twenty-four hours' notice".

  3.	Page 14, lines 8 and 9, the words and numbers "Sections 12, 18 through
  21,
  and 23 through 26" were changed to the words and numbers "Sections 10, 16
  through
  20, and 22 through 25".

  MARY PAT GUNDERSON
  Secretary of the Senate


  STUDY BILL RECEIVED

  SSB 2218	Judiciary

  A concurrent resolution requesting the Legislative Council to
  establish a sentencing commission.


  MOTIONS TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 2387
  passed the Senate on April 13, 1998.

  ROD HALVORSON

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-5597
  to amendment S-5550 to Senate File 2387 was adopted by the Senate on April
  13,
  1998.

  O. GENE MADDOX
  EXPLANATIONS OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  13,
  1998, when the votes were taken on House Files 2541 and 2542.  Had I been
  present, I
  would have voted "aye."

  MERLIN E. BARTZ

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  13,
  1998, when the votes were taken on Senate Files 316, 347, 518, 2109, 2339,
  2368 and
  the confirmation of Richard Moore.  Had I been present, I would have voted
  "aye."

  TOM VILSACK

  SUBCOMMITTEE ASSIGNMENTS

  SSB 2218

  JUDICIARY:  McKean, Chair; Hammond and Maddox

  House File 2538

  WAYS AND MEANS:  Redfern, Chair; Freeman and Palmer

  House File 2544

  APPROPRIATIONS:  Rittmer, Chair; Flynn and Tinsman

  House File 2545

  APPROPRIATIONS:  Kramer, Chair; Hammond and Tinsman

  House File 2548

  APPROPRIATIONS:  Borlaug, Chair; Harper and Rehberg

  REPORT OF COMMITTEE MEETING

  APPROPRIATIONS

  Convened:  April 13, 1998, 5:50 p.m.

  Members Present:  McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, Douglas, Dvorsky, Halvorson, Hammond, Harper, Hedge, Horn, Jensen,
  Maddox, Neuhauser, Rehberg, Rensink, and Rife.

  Members Absent:  Black, Borlaug, Freeman, Lundby, McCoy, Rittmer, Tinsman,
  and
  Vilsack (all excused).

  Committee Business:  Amended and passed HF 2533.  Approved SSB 2209.

  Adjourned:  6:05 p.m.
  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 2418 (SSB 2209), a bill for an act relating
  to state
  government technology and operations, by making and relating to
  appropriations to the
  Iowa communications network for the connection and support of certain Part
  III users,
  making appropriations to various entities for other technology-related
  purposes,
  providing for the procurement of information technology, providing for the
  transfer of
  the information technology division, providing for the use of the network,
  establishing
  an information technology bureau, making miscellaneous related changes, and
  providing effective dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 17:  McLaren, Kramer, Flynn, Behn, Douglas, Dvorsky,
  Halvorson,
  Hammond, Harper, Hedge, Horn, Jensen, Maddox, Neuhauser, Rehberg, Rensink,
  and
  Rife.  Nays, none.  Absent or not voting, 8: Black, Borlaug, Freeman,
  Lundby, McCoy,
  Rittmer, Tinsman, and Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Appropriations Committee on Senate File 2418,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  HOUSE FILE 2533, a bill for an act relating to the
  funding of,
  operation of, and appropriation of moneys to the college student aid
  commission, the
  department of cultural affairs, the department of education, and the state
  board of
  regents, providing related statutory changes, and providing effective dates.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5631.

  Final Vote:  Ayes, 17:  McLaren, Kramer, Flynn, Behn, Douglas, Dvorsky,
  Halvorson,
  Hammond, Harper, Hedge, Horn, Jensen, Maddox, Neuhauser, Rehberg, Rensink,
  and
  Rife.  Nays, none.  Absent or not voting, 8: Black, Borlaug, Freeman,
  Lundby, McCoy,
  Rittmer, Tinsman, and Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  INTRODUCTION OF BILL

  Senate File 2418, by committee on Appropriations, a bill for an
  act a bill for an act relating to state government technology and
  operations, by making and relating to appropriations to the Iowa
  communications network for the connection and support of certain
  Part III users, making appropriations to various entities for other
  technology-related purposes, providing for the procurement of
  information technology, providing for the transfer of the information
  technology division, providing for the use of the network, establishing
  an information technology bureau, making miscellaneous related
  changes, and providing effective dates.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  AMENDMENTS FILED

  S-5618		S.F. 2410	House
  S-5619		S.F. 2414	Michael E. Gronstal
  S-5620		S.F. 2414	Robert E. Dvorsky
  Johnie Hammond
  Tom Flynn
  Allen Borlaug
  S-5621		H.F. 2275	Wilmer Rensink
  Johnie Hammond
  S-5622		S.F. 2414	Tom Vilsack
  S-5623		S.F. 2387	O. Gene Maddox
  S-5624		S.F. 2414	Dick L. Dearden
  Matt McCoy
  Mike Connolly
  Bill Fink
  William D. Palmer
  Patrick J. Deluhery
  Mary Neuhauser
  Patty Judge
  Michael E. Gronstal
  Don Gettings
  Eugene S. Fraise
  Tom Vilsack
  Wally E. Horn
  Johnie Hammond
  Patricia Harper
  Robert E. Dvorsky
  John P. Kibbie
  S-5625		H.F. 2496	Bill Fink
  S-5626		S.F. 2405	Jeff Angelo
  S-5627		S.F. 2414	Tom Vilsack
  S-5628		H.F. 2290	House
  S-5629		H.F. 8		House
  S-5630		H.F. 2348	Robert E. Dvorsky
  S-5631		H.F. 2533	Appropriations

  ADJOURNMENT

  On motion of Senator Hedge, the Senate adjourned at 5:52 p.m.,
  until 9:00 a.m., Tuesday, April 14, 1998.
  1182	JOURNAL OF THE SENATE	92nd Day
  92nd Day	MONDAY, APRIL 13, 1998	1183

© 1998 Cornell College and League of Women Voters of Iowa

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