Previous Day: Monday, April 13 | Next Day: Wednesday, April 15 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
NINETY-THIRD CALENDAR DAY FIFTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 14, 1998 The Senate met in regular session at 9:09 a.m., President Kramer presiding. Prayer was offered by Father Michael Hess of Dowling High School, West Des Moines, Iowa. Candy Boucher, former Senate Secretary, sang "Amazing Grace." The Journal of Monday, April 13, 1998, was approved. 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, passed the following bill in which the concurrence of the House was asked: Senate File 492, a bill for an act relating to unemployment compensation benefits concerning proof of whether a person has voluntarily quit employment. ALSO: That the House has on April 13, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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, providing for a repeal, and providing an effective date. MOTION TO RECONSIDER WITHDRAWN Senate File 2387 Senator Halvorson withdrew the motion to reconsider Senate File 2387, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, filed by him on April 13, 1998, and found on page 1205 of the Senate Journal. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House Concurrent Resolution 15 Senator Redfern called up for consideration House Concurrent Resolution 15, a concurrent resolution providing for the formation of a committee by the Legislative Council to conduct a comprehensive study of school finance and make recommendations for a revised school aid formula, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5378 to Senate amendment H-8069 filed March 25, 1998, and found on page 917 of the Senate Journal. The motion lost and the Senate refused to concur in the House amendment to the Senate amendment. ADOPTION OF RESOLUTIONS Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 115. Senate Concurrent Resolution 115 On motion of Senator Iverson, Senate Concurrent Resolution 115, a concurrent resolution urging federal Congressional support for widows and widowers under the federal Railroad Retirement Act of 1974, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 115, which motion prevailed by a voice vote. Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 113. Senate Concurrent Resolution 113 On motion of Senator Bartz, Senate Concurrent Resolution 113, a concurrent resolution requesting the establishment of a conference to study the protection of the Loess Hills areas of this state, was taken up for consideration. President pro tempore Redfern took the chair at 9:21 a.m. Senator Bartz moved the adoption of Senate Concurrent Resolution 113, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack until he arrives, on request of Senator Gronstal. HOUSE AMENDMENT CONSIDERED (Deferred April 13, 1998) 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, and moved that the Senate concur in House amendment S-5488 filed April 2, 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. Senate Joint Resolution 9, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the qualifications of electors. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. The following amendment to the Constitution of the State of Iowa is proposed: Section 5 of Article II of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof: DISQUALIFIED PERSONS. Sec. 5. A person adjudged mentally incompetent to vote or convicted of any felony shall not be entitled to the privilege of an elector. Sec. 2. The foregoing amendment to the Constitution of the State of Iowa is referred to the General Assembly to be chosen at the next general election for members of the General Assembly, and the Secretary of State is directed to cause the same to be published for three consecutive months previous to the date of that election as provided by law. On the question "Shall the bill pass?" (S.J.R. 9), the vote was: Yeas, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 1: Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 9:30 a.m. HOUSE AMENDMENT CONSIDERED Senate File 2405 Senator Rife called up for consideration Senate File 2405, a bill for an act providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by a county, city, and school district, amended by the House in House amendment S-5530 filed April 6, 1998. Senator Angelo offered amendment S-5626, filed by him on April 13, 1998, to House amendment S-5530. Senator Rehberg raised the point of order that amendment S-5626 was not germane to the bill. The Chair ruled the point well taken and amendment S-5626 out of order. Senator Rife moved that the Senate concur in the House amendment. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Rife 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. 2405), 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 Iverson Jensen Judge Kibbie Kramer Lundby Maddox McCoy McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: Horn King McLaren 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 Concurrent Resolutions 113 and 115, Senate Joint Resolution 9, Senate File 2405, and House Concurrent Resolution 15 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 2360 On motion of Senator Maddox, Senate File 2360, by committee on Ways and Means, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes; providing penalties; and including effective and retroactive applicability date provisions, placed on the Unfinished Business Calendar on March 19, 1998, was taken up for consideration. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5295, filed by him on March 23, 1998, to page 1 and the title page of the bill. Senator Maddox offered amendment S-5172, filed by him on March 10, 1998, to pages 1, 2, 10, 11, 18, and 19 of the bill and moved its adoption. Amendment S-5172 was adopted by a voice vote. Senator Connolly asked and received unanimous consent to withdraw amendment S-5390, filed by him on March 26, 1998, to pages 3 and 38 of the bill. Senator Maddox offered amendment S-5187, filed by him on March 11, 1998, to pages 15, 38, and to the title page of the bill. PRESENTATION OF VISITORS The Chair welcomed fifty-two fifth grade students from BCLUW Middle School, Union, Iowa, accompanied by Mr. Simpson and Mr. Ehn. Senator Iverson and Senator Jensen. The Chair welcomed tenth and eleventh grade students from West Marshall High School, State Center, Iowa, accompanied by Mrs. Betsy Buck. Senator McKibben. BUSINESS PENDING Senate File 2360 The Senate resumed consideration of Senate File 2360, and amendment S-5187 by Senator Maddox to pages 15, 38, and to the title page of the bill. Senator Fraise raised the point of order that amendment S-5187 was not germane to the bill. The Chair ruled the point not well taken and amendment S-5187 in order. Senator Maddox moved the adoption of amendment S-5187. Amendment S-5187 was adopted by a voice vote. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5241, filed by Senators Dvorsky and Maddox on March 12, 1998, to pages 15 and 38 of the bill. Senator Maddox asked and received unanimous consent to withdraw amendment S-5384, filed by him on March 25, 1998, to page 22 of the bill. Senator Maddox asked and received unanimous consent that House File 2530 be substituted for Senate File 2360. House File 2530 On motion of Senator Maddox, House File 2530, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions, was taken up for consideration. Senator Maddox asked and received unanimous consent that action on House File 2530 be deferred. UNFINISHED BUSINESS (Deferred April 8, 1998) Senate File 2409 The Senate resumed consideration of Senate File 2409, a bill for an act relating to a sales tax exemption for certain aircraft and providing an effective date, and amendment S-5554 by Senator Flynn to page 1 and to the title page of the bill, deferred April 8, 1998. Senator Borlaug offered amendment S-5611, filed by him on April 9, 1998, to amendment S-5554, and moved its adoption. Amendment S-5611 was adopted by a voice vote. Senator Flynn moved the adoption of amendment S-5554. Amendment S-5554 was adopted by a voice vote. Senator Borlaug offered amendment S-5612, filed by him on April 9, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5612 was adopted by a voice vote. PRESENTATION OF VISITORS The Chair welcomed seventeen high school students from Creston High School, Creston, Iowa, accompanied by Jodi Emerson. Senator Angelo. BUSINESS PENDING Senate File 2409 The Senate resumed consideration of Senate File 2409. Senator Borlaug offered amendment S-5590, filed by him on April 8, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5590 was adopted by a voice vote. Senator Borlaug 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. 2409), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 5: Dearden Dvorsky Hammond Neuhauser Palmer Absent or not voting, 1: Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senator Iverson asked and received unanimous consent that Senate File 2409 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2280 Senator Rittmer called up for consideration Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates, amended by the House in House amendment S-5563 filed April 7, 1998. Senator Rittmer offered amendment S-5633, filed by him from the floor to pages 3 and 4 of House amendment S-5563. PRESENTATION OF VISITORS The Chair welcomed the fifth grade class from Winterset Elementary School, Winterset, Iowa, accompanied by Connie Maw and Karin Van Werden. Senator Douglas. The Chair welcomed sixth grade students from the Des Moines Jewish Academy, accompanied by principal Kathleen Ricker. Senator Judge. The Chair welcomed forty-eight fifth grade students from Grant Elementary from Oskaloosa, Iowa, accompanied by Mrs. Mattix and Mrs. Johnson. Senator Hedge. BUSINESS PENDING Senate File 2280 The Senate resumed consideration of Senate File 2280 and amendment S-5633 by Senator Rittmer to pages 3 and 4 of House amendment S-5563. Senator Rittmer moved the adoption of amendment S-5633 to House amendment S-5563. Amendment S-5633 was adopted by a voice vote. Senator Rittmer 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 Rittmer 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. 2280), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 1: Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 2280 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 14, 1998, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date (S-5637). Senate File 2374, a bill for an act providing for the regulation of bail enforcement businesses and their agents, limiting their actions, establishing fees, eliminating temporary county-issued identification for private security agents and investigators, and providing penalties (S-5636). ALSO: That the House has on April 14, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 14, 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 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. RECESS On motion of Senator Iverson, the Senate recessed at 11:43 a.m., until 1:15 p.m. AFTERNOON SESSION The Senate reconvened at 1:21 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Lundby requested a non-record roll call to determine that a quorum was present. The vote revealed 30 present, 20 absent, and a quorum present. 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 14, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2398, a bill for an act relating to the confinement and treatment of sex offenders (S-5641). LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Palmer until he arrives, on request of Senator Kibbie; Senator McKibben until he arrives, on request of Senator Rehberg; Senators Hammond, Dvorsky, and Neuhauser until they arrive, on request of Senator Dearden; Senator Harper until she arrives, on request of Senator Gaskill. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2412. Senate File 2412 On motion of Senator McLaren, Senate File 2412, a bill for an act relating to linked investment deposits by providing a low-interest loan program to assist persons involved in value-added agricultural processing, was taken up for consideration. 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?" (S.F. 2412), the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 2: Lundby McCoy Absent or not voting, 7: Dvorsky Hammond Harper McKibben Neuhauser Palmer Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 2412 be immediately messaged to the House. HOUSE AMENDMENTS CONSIDERED Senate File 2200 Senator Angelo called up for consideration Senate File 2200, a bill for an act relating to the expenses, powers, and duties of county agricultural extension councils, amended by the House, and moved that the Senate concur in House amendment S-5587 filed April 8, 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. 2200), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 3: McKibben Palmer Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2268 Senator Angelo called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5600 filed April 9, 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. 2268), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 2: Rife Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2277 Senator Bartz called up for consideration Senate File 2277, a bill for an act providing for exceptions to municipal tort liability for skateboarding, amended by the House in House amendment S-5592 filed April 8, 1998. Senator Bartz offered amendment S-5635, filed by him from the floor to amendment S-5592, and moved its adoption. Amendment S-5635 was adopted by a voice vote. 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. 2277), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 2: Rife Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 2277 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred April 7, 1998) Senate File 2284 The Senate resumed consideration of Senate File 2284, a bill for an act relating to rural improvement zones, amendment S-5259 by Senator Iverson to page 1 of the bill, and amendment S-5499 by Senator Gronstal to amendment S-5259, deferred April 7, 1998. Senator Gronstal asked and received unanimous consent to withdraw amendment S-5499 to amendment S-5259. Senator Gronstal asked and received unanimous consent to withdraw the following amendments: S-5314 filed by him on March 23, 1998, to page 1 of the bill; S-5315 filed by him on March 23, 1998, to page 1 of the bill; S-5316 filed by him on March 23, 1998, to page 1 of the bill; S-5317 filed by him on March 23, 1998, to page 1 of the bill; S-5318 filed by him on March 23, 1998, to page 1 of the bill; S-5319 filed by him on March 23, 1998, to page 1 of the bill; S-5320 filed by him on March 23, 1998, to page 1 of the bill; S-5321 filed by him on March 23, 1998, to page 1 of the bill; S-5322 filed by him on March 23, 1998, to page 1 of the bill; S-5325 filed by him on March 23, 1998, to page 1 of the bill; S-5326 filed by him on March 23, 1998, to page 1 of the bill; S-5327 filed by him on March 23, 1998, to page 1 of the bill; S-5328 filed by him on March 23, 1998, to page 1 of the bill; S-5329 filed by him on March 23, 1998, to page 1 of the bill; S-5330 filed by him on March 23, 1998, to page 1 of the bill; S-5331 filed by him on March 23, 1998, to page 1 of the bill; S-5332 filed by him on March 23, 1998, to page 1 of the bill; S-5333 filed by him on March 23, 1998, to page 1 of the bill; and S-5334 filed by him on March 23, 1998, to page 1 of the bill. Senator Iverson offered amendment S-5313, filed by him on March 23, 1998, to amendment S-5259, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5313 to amendment S-5259 be adopted?" (S.F. 2284), the vote was: Ayes, 28: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Gettings Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 20: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rehberg Absent or not voting, 2: Rife Vilsack Amendment S-5313 was adopted. Senator Iverson moved the adoption of amendment S-5259. Amendment S-5259 was adopted by a voice vote. With the adoption of amendment S-5259, the Chair ruled amendment S-5261 filed by Senators Black and Rehberg on March 17, 1998, to page 1 of the bill, and amendment S-5294 filed by Senator Hedge on March 23, 1998, to page 1 of the bill, out of order. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2284), the vote was: Ayes, 35: Angelo Bartz Behn Black Boettger Borlaug Dearden Douglas Drake Fink Flynn Freeman Gaskill Gettings Hedge Horn Iverson Jensen Kibbie King Kramer Maddox McCoy McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 11: Connolly Deluhery Fraise Gronstal Halvorson Hammond Hansen Harper Judge Neuhauser Palmer Absent or not voting, 4: Dvorsky Lundby McKibben 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 2200, 2268, and 2284 be immediately messaged to the House. UNFINISHED BUSINESS House File 2496 On motion of Senator Rittmer, House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates, with report of committee without recommendation, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Halvorson asked and received unanimous consent that action on House File 2496 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2413. Senate File 2413 On motion of Senator Freeman, Senate File 2413, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons, was taken up for consideration. Senator Freeman asked and received unanimous consent to withdraw amendment S-5461, filed by Senators Freeman and Judge on April 1, 1998, to pages 1 and 2 of the bill. Senator Freeman offered amendment S-5639, filed by her from the floor to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5639 was adopted by a voice vote. Senator Jensen asked and received unanimous consent to withdraw amendment S-5445, filed by him on March 31, 1998, to pages 1 and 4 of the bill. Senator Freeman offered amendment S-5640, filed by her from the floor to page 1 of the bill, and moved its adoption. Amendment S-5640 was adopted by a voice vote. 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. 2413), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 2: Rife Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONFIRMATION OF GOVERNOR'S APPOINTMENT (Individual Confirmation Calendar) 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, deferred April 8, 1998. Senator Bartz took the chair at 2:58 p.m. Senator Fink moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" 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 McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, 6: Dearden Deluhery McCoy Palmer Rife Szymoniak Absent or not voting, none. The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. UNFINISHED BUSINESS (Deferred April 13, 1998) 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, deferred April 13, 1998. Senator Hammond asked and received unanimous consent to withdraw amendment S-5615, filed by Senators Hammond, Borlaug, and Dvorsky on April 9, 1998, to page 1 of the bill. Senator Dvorsky offered amendment S-5620, filed by Senators Dvorsky, et al., on April 13, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5620 was adopted by a voice vote. Senator Vilsack offered amendment S-5627, filed by him on April 13, 1998, to pages 2 and 3 of the bill. Senator Borlaug raised the point of order that amendment S-5627 was not germane to the bill. The Chair ruled the point well taken and amendment S-5627 out of order. Senator Vilsack asked and received unanimous consent that action on Senate File 2414 be deferred. The Senate stood at ease at 3:43 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:53 p.m., President Kramer presiding. 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 14, 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 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date (S-5658). LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he arrives, on request of Senator Gronstal. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 667 Senator Neuhauser called up for consideration House File 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date, amended by the Senate, further amended by the House in House amendment S-5658 to Senate amendment H-8997 filed April 14, 1998. Senator Iverson asked and received unanimous consent that action on amendment S-5658 to Senate amendment H-8997 and House File 667 be deferred. HOUSE AMENDMENT CONSIDERED Senate File 2377 Senator Neuhauser called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-5580 filed April 8, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Neuhauser 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. 2377), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: McCoy Szymoniak 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 Szymoniak until she arrives, on request of Senator Fink. BUSINESS PENDING House File 2530 The Senate resumed consideration of House File 2530, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions, previously deferred. Senator Dvorsky offered amendment S-5634, filed by him from the floor to page 1 and to the title page of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 18, nays 25. Amendment S-5634 lost. Senator Halvorson offered amendment S-5638, filed by him from the floor to page 1 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 19, nays 25. Amendment S-5638 lost. Senator Connolly offered amendment S-5460, filed by him on April 1, 1998, to pages 2 and 37 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5460 be adopted?" (H.F. 2530), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 26: Black Boettger Borlaug Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Kramer Lundby McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 23: Angelo Bartz Behn Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Rife Amendment S-5460 was adopted. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5481, filed by him on April 2, 1998, to pages 15 and 37 of the bill. Senator Borlaug asked and received unanimous consent that action on House File 2530 be deferred. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 119, by committee on Judiciary, a concurrent resolution requesting the Legislative Council to establish a sentencing commission. Read first time and placed on calendar. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 14, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2557, a bill for an act relating to employment background checks by care facilities and services, creating a single contact repository, and making an appropriation. Read first time and referred to committee on Appropriations. ALSO: That the House has on April 14, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 13, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 187, a bill for an act relating to the issuance of licenses and the imposition of fees for the fishing, trapping, hunting, pursuing, catching, killing, or taking of wild animals, birds, game, or fish, providing for other properly related matters, and subjecting violators to existing penalties, and providing effective and applicability dates (S-5654). ALSO: That the House has on April 14, 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 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates. BUSINESS PENDING House File 2530 The Senate resumed consideration of House File 2530, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions, previously deferred. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5482, filed by him on April 2, 1998, to page 15 of the bill. Senator Maddox offered amendment S-5644, filed by him from the floor to page 21 of the bill, and moved its adoption. Amendment S-5644 was adopted by a voice vote. Senator Dvorsky asked and received unanimous consent that action on House File 2530 be deferred. BUSINESS PENDING House File 2496 The Senate resumed consideration of House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates, previously deferred. President pro tempore Redfern took the chair at 5:41 p.m. Senator Kibbie offered amendment S-5666, filed by Senators Kibbie, et al., from the floor to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5666 be adopted?" (H.F. 2496), the vote was: Ayes, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, none. Amendment S-5666 lost. President Kramer took the chair at 5:45 p.m. Senator Vilsack offered amendment S-5661, filed by Senators Vilsack, et al., from the floor to pages 4, 7, 85, 91, 92, and 95 of the bill. Senator Vilsack asked and received unanimous consent that action on amendment S-5661 and House File 2496 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2153. House File 2153 On motion of Senator Drake, House File 2153, a bill for an act providing that member contributions under certain public retirement systems are considered employer contributions for state income tax purposes, and providing effective and applicability date provisions, 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. 2153), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. 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. BUSINESS PENDING House File 2496 The Senate resumed consideration of House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates, and amendment S-5661 by Senators Vilsack, et al., to pages 4, 7, 85, 91, 92, and 95 of the bill, previously deferred. Senator Vilsack asked and received unanimous consent to withdraw amendment S-5661. Senator Connolly offered amendment S-5657, filed by him from the floor to pages 5 and 77 of the bill, and moved its adoption. Amendment S-5657 lost by a voice vote. Senator Halvorson offered amendment S-5649, filed by him from the floor to pages 12, 13, and 81 of the bill, and moved its adoption. Amendment S-5649 lost by a voice vote. Senator Vilsack offered amendment S-5662, filed by Senators Vilsack, et al., from the floor to pages 19 and 40 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5662 be adopted?" (H.F. 2496), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Bartz Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: McCoy Amendment S-5662 lost. Senator Hansen offered amendment S-5480, filed by him on April 1, 1998, to page 20 of the bill, and moved its adoption. Amendment S-5480 was adopted by a voice vote. Senator Dvorsky offered amendment S-5655, filed by Senators Dvorsky, et al., from the floor to page 28 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5655 be adopted?" (H.F. 2496), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: McCoy McLaren Amendment S-5655 lost. Senator Connolly offered amendment S-5656, filed by Senators Connolly, Kibbie, and Dvorsky from the floor to pages 36 and 79 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5656 be adopted?" (H.F. 2496), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: McLaren Amendment S-5656 lost. Senator Rittmer offered amendment S-5643, filed by Senators Rittmer, Kibbie, and Drake from the floor to pages 51-55, 58, and 87 of the bill, and moved its adoption. Amendment S-5643 was adopted by a voice vote. Senator Maddox took the chair at 7:03 p.m. Senator Hansen offered amendment S-5665, filed by Senators Hansen, et al., from the floor to page 78 of the bill. Senator Hansen asked and received unanimous consent that action on amendment S-5665 be deferred. Senator Gronstal offered amendment S-5663, filed by him from the floor to pages 79 and 80 of the bill, moved its adoption, and requested a non-record roll call. The ayes were 20, nays 26. Amendment S-5663 lost. Senator Fink offered amendment S-5625, filed by him on April 13, 1998, to page 80 of the bill. Senator Gronstal asked that action on amendment S-5625 and House File 2496 be deferred. Senator Gronstal withdrew his request. Senator Fink moved the adoption of amendment S-5625. Amendment S-5625 was adopted by a voice vote. Senator Halvorson offered amendment S-5664, filed by Senators Halvorson and Hammond from the floor to page 82 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5664 be adopted?" (H.F. 2496), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 29: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hansen Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, none. Amendment S-5664 lost. Senator Connolly offered amendment S-5673, filed by him from the floor to page 81 of the bill, and moved its adoption. Amendment S-5673 was adopted by a voice vote. Senator Halvorson offered amendment S-5653, filed by him from the floor to pages 86 and 92 of the bill. Senator Halvorson called for a division of amendment S-5653: page 1, lines 3-33 as division S-5653A; page 1, lines 34-50 and page 2 as division S-5653B. President Kramer took the chair at 8:21 p.m. Senator Halvorson moved the adoption of division S-5653A. Division S-5653A was adopted by a voice vote. Senator Halvorson asked and received unanimous consent to withdraw division S-5653B. Senator Halvorson offered amendment S-5648, filed by him from the floor to pages 88-91 of the bill, and moved its adoption. Amendment S-5648 lost by a voice vote. Senator Halvorson asked and received unanimous consent to withdraw amendment S-5652, filed by him from the floor to pages 88-91 and 95 of the bill. Senator Halvorson offered amendment S-5671, filed by him from the floor to pages 88-90 of the bill, and moved its adoption. Amendment S-5671 lost by a voice vote. Senator Halvorson offered amendment S-5651, filed by him from the floor to page 95 of the bill, and moved its adoption. Amendment S-5651 lost by a voice vote. Senator Halvorson offered amendment S-5672, filed by him from the floor to page 95 of the bill, and moved its adoption. Amendment S-5672 lost by a voice vote. Senator Hansen moved the adoption of amendment S-5665 by Senators Hansen, et al., to page 78 of the bill, previously deferred. Amendment S-5665 was adopted by a voice vote. 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 2496 The Senate resumed consideration of House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates. Senator Rittmer 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. 2496), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Gettings 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 2377, 2413, and House Files 2153 and 2496 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2406 Senator Boettger called up for consideration Senate File 2406, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date, amended by the House in House amendment S-5439 filed March 31, 1998. Senator Boettger offered amendment S-5670, filed by Senators Boettger, et al., from the floor to pages 1, 4, 5, and 7-12 of House amendment S-5439, and moved its adoption. Amendment S-5670 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Palmer until he returns, on request of Senator Gronstal. BUSINESS PENDING Senate File 2406 The Senate resumed consideration of Senate File 2406 and House amendment S-5439 as amended. Senator Boettger 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 Boettger 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. 2406), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Gettings Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2539 Senator Maddox called up for consideration House File 2539, a bill for an act relating to and making appropriations to the justice system and providing effective dates, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-5593 to Senate amendment H-8958 filed April 8, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Maddox moved that the bill as amended by the Senate, further 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?" (H.F. 2539), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Gronstal McCoy Rife Absent or not voting, 2: Gettings Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2406 and House File 2539 be immediately messaged to the House. COMMITTEE REPORT JUDICIARY Final Bill Action: SENATE CONCURRENT RESOLUTION 119, a concurrent resolution requesting the Legislative Council to establish a sentencing commission. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 119. Senate Concurrent Resolution 119 On motion of Senator McKean, Senate Concurrent Resolution 119, a concurrent resolution requesting the Legislative Council to establish a sentencing commission, was taken up for consideration. Senator McKean offered amendment S-5674, filed by him from the floor on April 14, 1998, to page 3 of the resolution, and moved its adoption. Amendment S-5674 was adopted by a voice vote. Senator McKean moved the adoption of Senate Concurrent Resolution 119, which motion prevailed by a voice vote. Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 119 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2410 Senator Tinsman called up for consideration 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, amended by the House in House amendment S-5618 filed April 13, 1998. Senator Tinsman offered amendment S-5676, filed by her from the floor to pages 1 and 4-7 of House amendment S-5618, and moved its adoption. Amendment S-5676 was adopted by a voice vote. Senator Tinsman 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 Tinsman 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. 2410), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Gettings Palmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 2410 be immediately messaged to the House. BUSINESS PENDING HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 667 Senator Neuhauser called up for consideration House File 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5658 to Senate amendment H-8997 filed April 14, 1998, previously deferred. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Neuhauser moved that the bill as amended by the Senate, further 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?" (H.F. 667), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Gettings Palmer 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 187 Senator Black called up for consideration Senate File 187, a bill for an act relating to the issuance of licenses and the imposition of fees for the fishing, trapping, hunting, pursuing, catching, killing, or taking of wild animals, birds, game, or fish, providing for other properly related matters, and subjecting violators to existing penalties, and providing effective and applicability dates, amended by the House, and moved that the Senate concur in House amendment S-5654 filed April 14, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Black 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. 187), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Fink Absent or not voting, 3: Gettings Palmer Rife 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 File 187 and House File 667 be immediately messaged to the House. INTRODUCTION OF BILL Senate File 2419, by committee on Ways and Means, a bill for an act relating to funding of new jobs training programs. Read first time and placed on Ways and Means calendar. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 13, 1998, passed the following bill in which the concurrence of the House was asked: Senate File 2333, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss. ALSO: That the House has on April 14, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2365, a bill for an act relating to the imposition of the sales and use tax on building materials, supplies, and equipment sold and used in the construction of facilities of rural water districts (S-5675). ALSO: That the House has on April 14, 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 2277, a bill for an act providing for exceptions to municipal tort liability for skateboarding. ALSO: That the House has on April 14, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2514, a bill for an act relating to motor vehicle operation and motor vehicles, carriers and motor trucks, and penalties and hazardous materials, including weight requirements and transportation of hazardous materials, and providing an effective date. APPENDIX BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 14th day of April, 1998: Senate Files 530, 540, 2037, 2072, 2235, 2254, 2259, and 2321. MARY PAT GUNDERSON Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 14, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2364 - Relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions. H.F. 2135 - Relating to a mid-America port commission agreement and providing an effective date. H.F. 2211 - Relating to the liability for and payment of certain costs and other expenses relating to certain inmates, prisoners, and escapees. REPORTS OF COMMITTEE MEETINGS JUDICIARY Convened: April 14, 1998, 11:45 a.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Members Absent: None. Committee Business: Approved SSB 2218. Adjourned: 11:52 a.m. WAYS AND MEANS Convened: April 14, 1998, 12:12 p.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, and Szymoniak. Members Absent: Vilsack (excused). Committee Business: Subcommittee assignments. Passed HF 2513 and HF 2543. Approved SSB 2219. Adjourned: 12:55 p.m. REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 530, the following correction was made: 1. Page 8, line 13, the word "subsections:" was changed to the word "subsection:". Pursuant to Senate Rule 21, I report that in enrolling Senate File 2235, the following corrections were made: 1. Page 1, line 17, the words " court appointed " were changed to the words " court-appointed ". 2. Page 8, line 29, the words and numbers "Section 101 through 108" were changed to the words and numbers "Sections 1, 2, 7, 8, 9, 10, and 17". MARY PAT GUNDERSON Secretary of the Senate MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5460 to House File 2530 was adopted by the Senate on April 14, 1998. ALLEN BORLAUG MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2387 passed the Senate on April 13, 1998. O. GENE MADDOX STUDY BILL RECEIVED SSB 2218 Ways and Means Relating to funding of new jobs training programs. BILL ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bill to committee: H.F. 2547 Appropriations PRESENTATION OF VISITORS The Chair welcomed at the request of Senator Kramer, fifty-six fifth grade students from Rex Mathis Elementary, West Des Moines, Iowa, accompanied by Thalya Hanson and Judy Coldiron, who were present in the balcony. SUBCOMMITTEE ASSIGNMENTS SSB 2219 WAYS AND MEANS: Maddox, Chair; Douglas and Palmer House File 2547 APPROPRIATIONS: McLaren, Chair; Harper, Kramer, Neuhauser, and Rife COMMITTEE REPORTS WAYS AND MEANS Final Bill Action: *SENATE FILE 2419 (SSB 2219), a bill for an act relating to funding of new jobs training programs. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Judge, Maddox, McLaren, Redfern, and Szymoniak. Nays, 1: Hedge. Absent or not voting, 1: 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 Ways and Means Committee on Senate File 2419, and they were attached to the committee report. ALSO: Final Bill Action: HOUSE FILE 2513, a bill for an act relating to the individual income tax by eliminating the taxation of certain capital gains and providing special treatment of gains from the sales of businesses to descendants, increasing the amount of pension income excluded, increasing certain personal exemption tax credits, and increasing and expanding the tuition and textbook tax credit, exempting sales and services to certain nonprofit hospitals from the sales, services, and use taxes, and relating to the income eligibility requirements for the homestead property tax credit, mobile home tax credit, or reimbursement for rent constituting property taxes paid, and including effective and prospective and retroactive applicability date provisions. Recommendation: DO PASS. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, and Szymoniak. Nays, none. Absent or not voting, 2: Redfern and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2543, a bill for an act relating to the state inheritance tax by exempting intangible personal property owned by an inhabitant of another state; determining the net market value of transfers made within three years of death as the net market value on the date of transfer; exempting the tax only upon the portion of retirement benefits and individual retirement accounts that will be subject to federal income tax when paid; and requiring deferred estates to be recorded by the department of revenue and finance if tax is not paid when tax accrues; and providing an applicability date provision. Recommendation: DO PASS. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, and Szymoniak. Nays, none. Absent or not voting, 2: Redfern and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5632 S.F. 2387 O. Gene Maddox S-5633 S.F. 2280 Sheldon Rittmer S-5634 H.F. 2530 Robert E. Dvorsky S-5635 S.F. 2277 Merlin E. Bartz S-5636 S.F. 2374 House S-5637 S.F. 2332 House S-5638 H.F. 2530 Rod Halvorson S-5639 S.F. 2413 Mary Lou Freeman S-5640 S.F. 2413 Mary Lou Freeman S-5641 S.F. 2398 House S-5642 H.F. 2513 William D. Palmer S-5643 H.F. 2496 Sheldon Rittmer John P. Kibbie Richard F. Drake S-5644 H.F. 2530 O. Gene Maddox S-5645 S.F. 2418 Jack Rife S-5646 H.F. 2513 Mike Connolly S-5647 H.F. 2513 Mike Connolly S-5648 H.F. 2496 Rod Halvorson S-5649 H.F. 2496 Rod Halvorson S-5650 H.F. 2533 Mike Connolly S-5651 H.F. 2496 Rod Halvorson S-5652 H.F. 2496 Rod Halvorson S-5653 H.F. 2496 Rod Halvorson S-5654 S.F. 187 House S-5655 H.F. 2496 Robert E. Dvorsky Dick L. Dearden Steven D. Hansen Eugene S. Fraise S-5656 H.F. 2496 Mike Connolly John P. Kibbie Robert E. Dvorsky S-5657 H.F. 2496 Mike Connolly S-5658 H.F. 667 House S-5659 H.F. 2533 Tom Vilsack S-5660 H.F. 2533 Patricia Harper S-5661 H.F. 2496 Tom Vilsack Mike Connolly Rod Halvorson Johnie Hammond Patricia Harper Patrick J. Deluhery Eugene S. Fraise Patty Judge John P. Kibbie S-5662 H.F. 2496 Tom Vilsack Patricia Harper Steven D. Hansen Bill Fink Mike Connolly Robert E. Dvorsky Dick L. Dearden Michael E. Gronstal Dennis H. Black Rod Halvorson Johnie Hammond Elaine Szymoniak Eugene S. Fraise Patty Judge Patrick J. Deluhery Wally E. Horn Don Gettings William D. Palmer John P. Kibbie S-5663 H.F. 2496 Michael E. Gronstal S-5664 H.F. 2496 Rod Halvorson Johnie Hammond S-5665 H.F. 2496 Steven D. Hansen Eugene S. Fraise Patty Judge Patrick J. Deluhery Don Gettings Wally E. Horn William D. Palmer John P. Kibbie Mike Connolly Robert E. Dvorsky Johnie Hammond Patricia Harper Michael E. Gronstal S-5666 H.F. 2496 John P. Kibbie Rod Halvorson Mike Connolly Bill Fink Robert E. Dvorsky Johnie Hammond Patricia Harper Steven D. Hansen Eugene S. Fraise Michael E. Gronstal Patty Judge Patrick J. Deluhery Dennis H. Black S-5667 S.F. 2414 Tom Vilsack S-5668 H.F. 2533 Elaine Szymoniak Dick L. Dearden Matt McCoy William D. Palmer Steven D. Hansen S-5669 H.F. 2530 Robert E. Dvorsky S-5670 S.F. 2406 Nancy Boettger John Redwine Elaine Szymoniak Merlin E. Bartz Jerry Behn Dick L. Dearden Robert E. Dvorsky Johnie Hammond Patricia Harper Wilmer Rensink Neal Schuerer Maggie Tinsman Lyle E. Zieman S-5671 H.F. 2496 Rod Halvorson S-5672 H.F. 2496 Rod Halvorson S-5673 H.F. 2496 Mike Connolly S-5674 S.C.R. 119 Andy McKean S-5675 S.F. 2365 House S-5676 S.F. 2410 Maggie Tinsman ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 10:14 p.m., until 9:00 a.m., Wednesday, April 15, 1998. 1258 JOURNAL OF THE SENATE 93rd Day 93rd Day TUESDAY, APRIL 14, 1998 1257
Previous Day: Monday, April 13 | Next Day: Wednesday, April 15 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
sjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Apr 15 13:40:03 CDT 1998
URL: /DOCS/GA/77GA/Session.2/SJournal/Day/0414.html
jhf