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NINETY-FOURTH CALENDAR DAY FIFTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 15, 1998 The Senate met in regular session at 9:10 a.m., President pro tempore Redfern presiding. Prayer was offered by the Reverend Robert Connors of the Union Park Christian Church, Des Moines, Iowa. Reverend Connors is the brother of Representative John Connors, and sang "I Go to the Rock." The Journal of Tuesday, April 14, 1998, was approved. ADOPTION OF RESOLUTION Senator Hedge asked and received unanimous consent to take up for consideration Senate Resolution 119. Senate Resolution 119 On motion of Senator Dearden, Senate Resolution 119, 1 SENATE RESOLUTION 119 2 BY SZYMONIAK 4 A Senate Resolution congratulating Ms. Ruth Ann Gaines 5 for being named the Iowa Teacher of the Year for 1998. 6 WHEREAS, Ms. Ruth Ann Gaines earned her 7 undergraduate degree from Clark College in Dubuque and 8 her master's degree from the University of California 9 at Santa Barbara; and 10 WHEREAS, Ms. Gaines has worked as a drama teacher 11 at East High School in Des Moines for 27 years; and 12 WHEREAS, Ms. Gaines created a high school mime 13 troupe "Scarlet Vibrations" and an award-winning 14 performance group "Voices of Change," the student 15 members of which write and perform nationally on 16 diversity-related topics; and 17 WHEREAS, Ms. Gaines seeks out students who are 18 academically or personally at-risk, encouraging the 19 students to join the drama program as a means to build 20 self-esteem, and as a result of her efforts, more 21 students are enrolled in the East High School drama 22 program than are enrolled in any other Des Moines high 23 school drama program; and 24 WHEREAS, Ms. Gaines believes that teaching is an 25 art form and daily crafts an atmosphere where each 26 student can achieve their full potential; and 27 WHEREAS, Ms. Gaines has been an activist for 28 cultural and racial understanding, creating both a 29 student and a teacher "leadership council" and 30 conducting numerous workshops for fellow teachers on Page 2 1 the issues of cultural awareness and diversity; and 2 WHEREAS, Ms. Gaines was nominated for Teacher of 3 the Year by the Principal of East High School and was 4 selected for the award by a panel of judges composed 5 of representatives from the Iowa Department of 6 Education, the Iowa State Education Association, the 7 School Administrators of Iowa, the Parent Teacher 8 Association, and other professionals; and 9 WHEREAS, as Iowa's Teacher of the Year, Ms. Gaines 10 is granted a one-year sabbatical to visit schools and 11 speak to community groups as Iowa's Ambassador for 12 Education during the 1998-1999 school year; and 13 WHEREAS, educators representing 14 national 14 education organizations nationally selected Ms. 15 Gaines from among the teachers of the year in each of 16 the 50 states to be one of four finalists for 1998 17 National Teacher of the Year, to be announced in April 18 1998 by the President of the United States; NOW 19 THEREFORE, 20 BE IT RESOLVED BY THE SENATE, That the Senate 21 honors Ms. Ruth Ann Gaines of East High School in Des 22 Moines for her exemplary work in education, applauds 23 her efforts and achievements in bringing out the best 24 in East High School's students, and congratulates her 25 for her outstanding accomplishment in being named the 26 Iowa Teacher of the Year for 1998. 27 BE IT FURTHER RESOLVED, That an official copy of 28 this Resolution be prepared for presentation to Ms. 29 Ruth Ann Gaines, with report of committee recommending passage, was taken up for consideration. Senator Dearden moved the adoption of Senate Resolution 119, which motion prevailed by a voice vote. SPECIAL GUEST Senator Dearden and Senator Szymoniak introduced Iowa Teacher of the Year Ruth Ann Gaines, from Des Moines, Iowa, who addressed the Senate with brief remarks. The Senate rose and expressed its appreciation of Ms. Gaines' efforts on behalf of education. ADOPTION OF RESOLUTION Senator Hedge asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 116. Senate Concurrent Resolution 116 On motion of Senator Szymoniak, Senate Concurrent Resolution 116, a concurrent resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa Secondary Principal of the Year, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak moved the adoption of Senate Concurrent Resolution 116, which motion prevailed by a voice vote. SPECIAL GUEST Senator Szymoniak introduced Dr. Joan Roberts of North High School, Des Moines, Iowa, Iowa's Secondary Principal of the Year, who addressed the Senate with brief remarks. The Senate rose and expressed its appreciation of Dr. Roberts' efforts on behalf of education. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Palmer until he arrives, on request of Senator Kibbie; Senator McCoy until he arrives, on request of Senator Dearden; Senator McKibben until he arrives, on request of Senator Rehberg; Senators Kramer, Lundby, and McLaren until they arrive, on request of Senator Iverson. CONFIRMATION OF GOVERNOR'S APPOINTMENTS In accordance with Senate Rule 59, Senator Hedge called up the following eligible appointees on the En Bloc Confirmation Calendar: Linda S. Trudeau, Board of Behavioral Science Examiners Terri J. Gunderson, State Board of Examiners for Nursing Home Administrators Eugene W. Pierce, III, Small Business Advisory Council Senator Hedge moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King McKean Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 9: Halvorson Kramer Lundby Maddox McCoy McKibben McLaren Palmer Szymoniak The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of Richard H. Opie, as Chairperson of the Iowa Telecommunications and Technology Commission, placed on the Individual Confirmation Calendar on April 2, 1998, and found on page 1050 of the Senate Journal. Senator Rife 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 Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Lundby McKean Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 6: Kramer Maddox McCoy McKibben McLaren Palmer The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Mary A. Nelson, as a member of the Iowa Telecommunications and Technology Commission, placed on the Individual Confirmation Calendar on April 2, 1998, and found on page 1050 of the Senate Journal. Senator Rife 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 Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Lundby Maddox McKean Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Kramer McCoy McKibben McLaren Palmer The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Jack J. Dack, as Commandant of the Iowa Veterans Home, placed on the Individual Confirmation Calendar on April 2, 1998, and found on page 1030 of the Senate Journal, previously deferred. Senator Rife moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" 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 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: Kramer The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 120. House Concurrent Resolution 120 On motion of Senator Szymoniak, House Concurrent Resolution 120, 1 HOUSE CONCURRENT RESOLUTION 120 4 A Concurrent Resolution congratulating Dr. Joan 5 Roberts for being named the 1997 Iowa Secondary 6 Principal of the Year. 7 WHEREAS, Dr. Joan Roberts earned her undergraduate 8 degree in secondary education from the University of 9 Northern Iowa and her master's and doctorate degrees 10 from Drake University; and 11 WHEREAS, Dr. Roberts has worked within the Des 12 Moines Independent School District for 20 years, 13 serving since 1990 as the principal at Des Moines' 14 North High School; and 15 WHEREAS, North High School has a diverse 16 enrollment; and 17 WHEREAS, North High School has experienced 18 declining enrollment, high dropout and mobility rates, 19 and low academic achievement; and 20 WHEREAS, Dr. Roberts has been an energizing force 21 at North High School, which has in the past 12 years 22 doubled its enrollment, reduced its dropout rate to 23 less than five percent, tripled its enrollment in 24 advanced courses, and integrated case management and 25 support services for drug prevention, alcohol 26 prevention, violence prevention, and teen pregnancy 27 and parenting into the school program; and 28 WHEREAS, in the past five years, graduates of North 29 High School have earned more scholarship dollars on 30 average than the graduates from any other Des Moines Page 2 1 high school; and 2 WHEREAS, Dr. Roberts has revitalized her school and 3 awakened the pride of North High School's students and 4 their families, brought positive recognition of North 5 High School, and is a tremendous role model for other 6 building principals and for the young women enrolled 7 in North High School; and 8 WHEREAS, Dr. Roberts was nominated by her peers, 9 selected by a committee of Iowa secondary principals, 10 and named the 1997 Iowa Secondary Principal of the 11 Year by the School Administrators of Iowa, and, in 12 addition, has received national recognition as a 1997 13 State Principal of the Year by the National 14 Association of Secondary School Principals; NOW 15 THEREFORE 16 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE 17 SENATE CONCURRING, That the General Assembly honors 18 Dr. Joan Roberts of North High School in Des Moines 19 for her exemplary work in education, applauds the 20 achievements realized by the school and its students 21 under her administration, and congratulates her for 22 her outstanding accomplishment in being named the 1997 23 Iowa Secondary Principal of the Year; and 24 BE IT FURTHER RESOLVED, That an official copy of 25 this Concurrent Resolution be prepared for 26 presentation to Dr. Joan Roberts, was taken up for consideration. Senator Szymoniak moved the adoption of House Concurrent Resolution 120, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolution 120 and Senate Concurrent Resolution 116 be immediately messaged to the House. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2513. House File 2513 On motion of Senator McKibben, 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 provision, with report of committee recommending passage, was taken up for consideration. The Senate stood at ease at 10:02 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 12:20 p.m., President Kramer presiding. (Action on House File 2513 was deferred.) QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 34 present, 16 absent, and a quorum present. 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 15, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2550, a bill for an act exempting services provided by licensed massage therapists from the state services tax. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 15, 1998, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 121, 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. ALSO: That the House has on April 15, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2038, a bill for an act relating to disqualification from voting or registering to vote for reasons of mental incompetence (S-5681). ALSO: That the House has on April 15, 1998, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 2166, a bill for an act relating to regulation of food establishments and providing for fees and penalties and providing an effective date. House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates. ALSO: That the House has on April 15, 1998, concurred in the Senate amendment to the House amendment, and passed the following bills in which the concurrence of the House was asked: Senate File 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. 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. HOUSE AMENDMENTS CONSIDERED Senate File 2313 Senator Boettger called up for consideration Senate File 2313, a bill for an act relating to child support, providing penalties, and providing effective dates, amended by the House, and moved that the Senate concur in House amendment S-5609 filed April 9, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Boettger 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. 2313), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 7: Dearden Douglas Maddox McCoy Palmer Rife Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2292 Senator Angelo called up for consideration Senate File 2292, a bill for an act relating to the sex offender registry and providing for the Act's applicability, amended by the House, and moved that the Senate concur in House amendment S-5594 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. 2292), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 3: Douglas McCoy Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 2398 Senator Angelo called up for consideration Senate File 2398, a bill for an act relating to the confinement and treatment of sex offenders, amended by the House, and moved that the Senate concur in House amendment S-5641 filed April 14, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Bartz took the chair at 12:58 p.m. 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. 2398), 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2292, 2313, and 2398 be immediately messaged to the House. MOTION TO RECONSIDER ADOPTED Senator Maddox called up the motion to reconsider Senate File 2387 filed by him on April 14, 1998, found on page 1257 of the Senate Journal and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 2387) 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 motion prevailed and Senate File 2387 was taken up for reconsideration. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED Senate File 2387 On motion of Senator Maddox, Senate File 2387, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, was taken up for reconsideration. Senator Maddox moved to reconsider the vote by which House amendment S-5550 to Senate File 2387 was adopted by the Senate on April 13, 1998. The motion prevailed by a voice vote and House amendment S-5550 was taken up for reconsideration. Senator Maddox called up the motion to reconsider the vote by which amendment S-5597 to House amendment S-5550 to Senate File 2387 was adopted by the Senate on April 13, 1998. The motion prevailed by a voice vote and amendment S-5597 was taken up for reconsideration. Senator Maddox asked and received unanimous consent to withdraw amendment S-5597 to House amendment S-5550. Senator Maddox offered amendment S-5632, filed by him on April 14, 1998, to page 1 of House amendment S-5550, and moved its adoption. Amendment S-5632 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, 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 Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Rittmer 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 1:43 p.m. CONFERENCE COMMITTEE REPORT RECEIVED (Senate File 2295) A conference committee report signed by the following Senate and House members was filed April 15, 1998, on Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date: On the part of the Senate: On the part of the House: H. KAY HEDGE, Chair SANDRA GREINER, Chair JERRY BEHN CECIL DOLECHECK DENNIS H. BLACK RALPH KLEMME PATTY JUDGE PAT MURPHY DERRYL MCLAREN DOLORES MERTZ CONFERENCE COMMITTEE REPORT ADOPTED Senate File 2295 Senator Hedge called up the conference committee report on Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date, filed on April 15, 1998, and moved its adoption. The motion prevailed by a voice vote and the conference committee report and the recommendations and amendments contained therein was adopted. Senator Hedge 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. 2295) the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal 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: Halvorson 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 2295 and 2387 be immediately messaged to the House. UNFINISHED BUSINESS House File 2269 On motion of Senator Rensink, House File 2269, a bill for an act relating to permissible physical contact between school employees and students, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Rehberg offered amendment S-5286, filed by the committee on Education on March 19, 1998, to page 2 and to the title page of the bill. Senator Rehberg offered amendment S-5595, filed by her on April 9, 1998, to amendment S-5286, and moved its adoption. Amendment S-5595 was adopted by a voice vote. Senator Rehberg moved the adoption of amendment S-5286. Amendment S-5286 was adopted by a voice vote. Senator Neuhauser offered amendment S-5279, filed by her on March 18, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5279 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. 2269), 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 Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2374. House File 2374 On motion of Senator Hedge, House File 2374, a bill for an act exempting sales made to and services performed for organ procurement organizations from the state sales, services, and use taxes, with report of committee recommending amendment and passage, was taken up for consideration. Senator Hedge offered amendment S-5280, filed by the committee on Ways and Means on March 18, 1998, to page 1 of the bill, and moved its adoption. Amendment S-5280 was adopted by a voice vote. Senator Hedge 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. 2374), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Borlaug The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 2374 and 2269 be immediately messaged to the House. The Senate stood at ease at 2:20 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 2:58 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Hammond, Boettger, and Dvorsky until they arrive, on request of Senator Flynn. UNFINISHED BUSINESS House File 2480 On motion of Senator Tinsman, House File 2480, a bill for an act to repeal the future repeal of the interception of communications chapter, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 26, 1998, was taken up for consideration. Senator Tinsman 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. 2480), the vote was: Ayes, 46: Angelo Bartz Behn Black Borlaug Connolly Dearden 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 Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Boettger Dvorsky Hammond Rensink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. SENATE RECEDES House File 2136 Senator Gaskill called up for consideration House File 2136, a bill for an act relating to agricultural drainage wells, by extending the date for complying with certain requirements, amended by the Senate, and moved that the Senate recede from its amendment. A non-record roll call was requested. The ayes were 24, nays 19. The motion prevailed and the Senate receded from its amendment. Senator Gaskill 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. 2136), the vote was: Ayes, 45: Angelo Bartz Behn Black Borlaug Connolly Dearden Deluhery Douglas Drake Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Lundby Absent or not voting, 4: Boettger Dvorsky Hammond Rensink 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 2290 Senator Angelo called up for consideration House File 2290, a bill for an act relating to the civil damages and penalties for the illegal taking of antlered deer, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5628 to Senate amendment H-8758 filed April 13, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Angelo 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. 2290), the vote was: Ayes, 49: Angelo Bartz Behn Black Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Boettger The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 2480 and 2136 be immediately messaged to the House. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 8 Senate Rittmer called up for consideration House File 8, a bill for an act relating to the funding of state mandates, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5629 to Senate amendment H-8002 filed April 13, 1998. A non-record roll call was requested. The ayes were 19, nays 25. The motion lost and the Senate refused to concur in the House amendment to the Senate amendment. Senator Iverson asked and received unanimous consent that House File 8 be immediately messaged to the House. BUSINESS PENDING House File 2513 The Senate resumed consideration of 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, previously deferred. Senator Dvorsky offered amendment S-5684, filed by Senators Dvorsky, et al., from the floor striking everything after the enacting clause and to the title page of the bill. Senator McKibben raised the point of order that amendment S-5684 was not germane to the bill. The Chair ruled the point well taken and amendment S-5684 out of order. Senator Hansen offered amendment S-5682, filed by him from the floor to page 1 and to the title page of the bill. Senator McKibben raised the point of order that amendment S-5682 was not germane to the bill. The Chair ruled the point well taken and amendment S-5682 out of order. Senator Palmer offered amendment S-5642, filed by him on April 14, 1998, to pages 2 and 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5642 be adopted?" (H.F. 2513), the vote was: Ayes, 20: Black Connolly Dearden Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 30: Angelo Bartz Behn Boettger Borlaug Deluhery 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-5642 lost. Senator Deluhery offered amendment S-5694, filed by Senators Deluhery, et al., from the floor to pages 2 and 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5694 be adopted?" (H.F. 2513), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Rittmer Szymoniak Tinsman Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Schuerer Zieman Absent or not voting, 1: Rife Amendment S-5694 lost. Senator Connolly offered amendment S-5647, filed by him on April 14, 1998, to pages 2 and 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5647 be adopted?" (H.F. 2513), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Tinsman Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Schuerer Zieman Absent or not voting, 2: Rife Rittmer Amendment S-5647 lost. Senator Neuhauser offered amendment S-5697, filed by Senators Neuhauser, et al., from the floor to page 3 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5697 be adopted?" (H.F. 2513), 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, 25: Angelo Bartz Behn Boettger Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Absent or not voting, 3: Borlaug Rittmer Zieman Amendment S-5697 lost. Senator Deluhery offered amendment S-5695, filed by Senators Deluhery, et al., from the floor to page 4 and to the title page of the bill. Senator McKibben raised the point of order that amendment S-5695 was not germane to the bill. The Chair ruled the point well taken and amendment S-5695 out of order. Senator Dvorsky offered amendment S-5685, filed by Senators Dvorsky, et al., from the floor to pages 4, 5, and to the title page of the bill. Senator McKibben raised the point of order that amendment S-5685 was not germane to the bill. The Chair ruled the point well taken and amendment S-5685 out of order. Senator Connolly offered amendment S-5646, filed by him on April 14, 1998, to pages 4, 5, and to the title page of the bill. Senator McKibben raised the point of order that amendment S-5646 was not germane to the bill. The Chair ruled the point well taken and amendment S-5646 out of order. Senator Szymoniak asked and received unanimous consent to withdraw amendment S-5683, filed by Senators Szymoniak, et al., from the floor to page 4 and to the title page of the bill. Senator Gronstal offered amendment S-5696, filed by him from the floor to page 8 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5696 be adopted?" (H.F. 2513), the vote was: Ayes, 23: Bartz Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Behn Boettger Borlaug Douglas Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Schuerer Tinsman Zieman Absent or not voting, 2: Drake Rittmer Amendment S-5696 lost. Senator McKibben 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. 2513), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake 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 Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, 5: Dearden Dvorsky Neuhauser Palmer Szymoniak Absent or not voting, 1: Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that House File 2513 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2533. House File 2533 On motion of Senator Rehberg, 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, with report of committee recommending amendment and passage, was taken up for consideration. The Senate stood at ease at 6:01 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:59 p.m., President Kramer presiding. Senator Rehberg offered amendment S-5631, filed by the committee on Appropriations on April 13, 1998, to pages 3, 7, 8, 10-14, 24-27, 29-31, and 36 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he arrives, on request of Senator Dearden. BUSINESS PENDING House File 2533 The Senate resumed consideration of House File 2533 and amendment S-5631 by the committee on Appropriations. Senator Vilsack offered amendment S-5659, filed by him on April 14, 1998, to amendment S-5631, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5659 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 20: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson King Kramer Lundby McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 4: Gettings Jensen Maddox McCoy Amendment S-5659 lost. Senator Vilsack offered amendment S-5703, filed by Senators Vilsack, et al., from the floor to amendment S-5631, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5703 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 24: Black Boettger Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McKibben Neuhauser Palmer Szymoniak Vilsack Nays, 24: Angelo Bartz Behn Borlaug Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Gettings McCoy Amendment S-5703 lost. Senator Connolly offered amendment S-5706, filed by him from the floor to amendment S-5631, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5706 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Borlaug Gettings Amendment S-5706 lost. Senator Rehberg offered amendment S-5678, filed by her from the floor to amendment S-5631. Senator Kibbie called for a division of amendment S-5678: lines 4-7 and line 11 as division S-5678A; lines 8-10 as division S-5678B. Senator Rehberg moved the adoption of division S-5678A. Division S-5678A was adopted by a voice vote. Senator Rehberg moved the adoption of division S-5678B. A record roll call was requested. On the question "Shall amendment S-5678 division B to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Nays, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Neuhauser Palmer Rensink Szymoniak Vilsack Absent or not voting, 1: Gettings Division S-5678B was adopted. With the adoption of amendment S-5678 to amendment S-5631, the Chair ruled the following amendments out of order: S-5700 filed by Senator Connolly from the floor to amendment S-5631; S-5701 filed by Senator Connolly from the floor to amendment S-5631; and S-5693 filed by Senator Dvorsky from the floor to amendment S-5631. Senator Dvorsky asked unanimous consent that action on amendment S-5631 and House File 2533 be deferred. Senator Dvorsky withdrew his request. Senator Szymoniak offered amendment S-5668, filed by Senators Szymoniak, et al., on April 14, 1998, to amendment S-5631, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5668 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 23: Black Boettger Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Palmer Rensink Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Borlaug Douglas Drake Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Gettings Neuhauser Amendment S-5668 lost. Senator Halvorson offered amendment S-5705, filed by Senators Halvorson, et al., from the floor to amendment S-5631, and moved its adoption. Senator Lundby took the chair at 8:20 p.m. A record roll call was requested. On the question "Shall amendment S-5705 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 22: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Gettings Amendment S-5705 lost. Senator Redfern asked and received unanimous consent to withdraw amendment S-5699, filed by him from the floor to amendment S-5631. Senator Redfern offered amendment S-5712, filed by him from the floor to amendment S-5631. President Kramer took the chair at 8:54 p.m. Senator Rife asked and received unanimous consent that action on amendment S-5712 and House File 2533 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2418. Senate File 2418 On motion of Senator Rife, Senate File 2418, 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, was taken up for consideration. Senator Rife offered amendment S-5645, filed by him on April 14, 1998, to pages 2 and 13 of the bill, and moved its adoption. Amendment S-5645 was adopted by a voice vote. Senator Rife offered amendment S-5722, filed by him from the floor to page 7 of the bill, and moved its adoption. Amendment S-5722 was adopted by a voice vote. Senator Rife offered amendment S-5723, filed by him from the floor to page 7 of the bill, and moved its adoption. Amendment S-5723 was adopted by a voice vote. Senator Flynn offered amendment S-5721, filed by Senators Flynn and Connolly from the floor to page 9 of the bill, and moved its adoption. Amendment S-5721 was adopted by a voice vote. Senator Jensen offered amendment S-5713, filed by him from the floor to page 9 and to the title page of the bill. Senator McCoy asked and received unanimous consent that action on amendment S-5713 be deferred. Senator Rife offered amendment S-5724, filed by him from the floor to page 11 of the bill, and moved its adoption. Amendment S-5724 was adopted by a voice vote. The Senate resumed consideration of amendment S-5713, previously deferred. Senator Jensen called for a division of amendment S-5713: lines 2 and 3 as division S-5713A; lines 4 and 5 as division S-5713B. Senator Jensen asked and received unanimous consent to withdraw division S-5713B. Senator Jensen moved the adoption of division S-5713A. Division S-5713A was adopted by a voice vote. Senator Rife 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. 2418), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Halvorson Hammond Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Hansen McCoy Palmer 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. Senator Iverson asked and received unanimous consent that Senate File 2418 be immediately messaged to the House. The Senate stood at ease at 9:53 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 10:09 p.m., President Kramer presiding. BUSINESS PENDING House File 2533 The Senate resumed consideration of 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, amendment S-5631 by the committee on Appropriations to pages 3, 7, 8, 10-14, 24-27, 29-31, and 36 of the bill, and amendment S-5712 by Senator Redfern to amendment S-5631, previously deferred. Senator Harper offered amendment S-5707, filed by Senators Harper, et al., from the floor to amendment S-5631, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5707 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: 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 Tinsman Zieman Absent or not voting, 1: Gettings Amendment S-5707 lost. Senator Hammond offered amendment S-5714, filed by her from the floor to amendment S-5631, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5714 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 20: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Nays, 28: 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 Tinsman Zieman Absent or not voting, 2: Gettings Palmer Amendment S-5714 lost. The Senate resumed consideration of amendment S-5712 by Senator Redfern to amendment S-5631, previously deferred. Senator Gronstal raised the point of order that amendment S-5712 was not germane to the bill. The Chair ruled the point not well taken, and amendment S-5712 in order. Senator Redfern moved the adoption of amendment S-5712. Amendment S-5712 was adopted by a voice vote. Senator Szymoniak asked and received unanimous consent to withdraw amendment S-5702, filed by Senators Szymoniak, et al., from the floor to amendment S-5631. Senator Szymoniak offered amendment S-5726, filed by Senators Szymoniak, et al., from the floor to amendment S-5631, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5726 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Tinsman Vilsack Nays, 27: 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 Zieman Absent or not voting, 2: Gettings Palmer Amendment S-5726 lost. Senator Black offered amendment S-5704, filed by Senators Black, et al., from the floor to amendment S-5631, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5704 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 20: Black Connolly Deluhery Dvorsky Fink Flynn Fraise Freeman Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 4: Dearden Gettings Lundby Palmer Amendment S-5704 lost. Senator Connolly offered amendment S-5650, filed by him on April 14, 1998, to amendment S-5631, and moved its adoption. Amendment S-5650 lost by a voice vote. Senator Harper offered amendment S-5660, filed by her on April 14, 1998, to amendment S-5631, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5660 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 21: Black Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Gettings Palmer Amendment S-5660 lost. Senator Rife asked and received unanimous consent to withdraw amendment S-5708, filed by him from the floor to amendment S-5631. Senator Rife asked and received unanimous consent to withdraw amendment S-5709, filed by him from the floor to amendment S-5631. Senator Vilsack offered amendment S-5717, filed by him from the floor to amendment S-5631, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5717 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy McKibben Neuhauser Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Gettings Palmer Amendment S-5717 lost. Senator Connolly offered amendment S-5727, filed by him from the floor to amendment S-5631, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5727 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 18: Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Nays, 30: Angelo Bartz Behn Black 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, 2: Gettings Palmer Amendment S-5727 lost. Senator Dvorsky offered amendment S-5720, filed by him from the floor to amendment S-5631, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5720 to amendment S-5631 be adopted?" (H.F. 2533), the vote was: Ayes, 20: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Nays, 28: 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 Tinsman Zieman Absent or not voting, 2: Gettings Palmer Amendment S-5720 lost. MOTION TO RECONSIDER Senator Redfern called up the following motion to reconsider, filed by him from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5712 to House File 2533 was adopted by the Senate on April 15, 1998. DONALD B. REDFERN A record roll call was requested. On the question "Shall the motion to reconsider amendment S-5712 be adopted?" (H.F. 2533) the vote was: Ayes, 20: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Szymoniak Vilsack Nays, 28: 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 Tinsman Zieman Absent or not voting, 2: Gettings Palmer The motion lost. The following motion filed by Senator Gronstal from the floor was out of order: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5712 to House File 2533 was adopted by the Senate on April 15, 1998. MICHAEL E. GRONSTAL Senator Rehberg moved the adoption of amendment S-5631 by the committee on Appropriations to pages 3, 7, 8, 10-14, 24-27, 29-31, and 36 of the bill. Amendment S-5631 was adopted by a voice vote. With the adoption of amendment S-5631, the Chair ruled the following amendments out of order: S-5591 filed by Senator Black on April 8, 1998, to page 1 of the bill; S-5542 filed by Senators Szymoniak, et al., on April 7, 1998, to page 11 of the bill; and S-5475 filed by Senator Harper on April 1, 1998, to page 30 of the bill. Senator Rehberg 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. 2533), the vote was: Ayes, 40: Angelo Bartz Behn Black Boettger Borlaug Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, 8: Connolly Dearden Douglas Fink Gronstal Harper Rife Szymoniak 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 House File 2533 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 15, 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 2164, a bill for an act relating to local community and economic development planning assistance and the community builder program (S-5698). ALSO: That the House has on April 15, 1998, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 115, a concurrent resolution urging federal Congressional support for widows and widowers under the federal Railroad Retirement Act of 1974. ALSO: That the House has on April 15, 1998, adopted the conference committee report and passed Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date. APPENDIX BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 15, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2201 - Relating to security for damages arising from the abandonment of natural gas pipelines. S.F. 2335 - Relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and between prisoners incarcerated in a county jail and employees or agents of a county and providing a penalty. S.F. 2337 - Allowing distribution of the presentence investigation report under certain circumstances. S.F. 2348 - Relating to the locations at which shared public school services may be made available to nonpublic school students. S.F. 2351 - Relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date. S.F. 2399 - Providing for the merger of a limited partnership with other business entities. H.F. 382 - Relating to certain relationships including certain marriages. H.F. 2162 - Relating to nonsubstantive Code corrections and including a retroactive applicability provision. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 14, 1998, 10:16 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Members Absent: Maddox (excused). Committee Business: Amended and passed HF 2395 and HF 2545. Adjourned: 10:51 p.m. STATE GOVERNMENT April 15, 1998 Members Present: Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking Member; Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Members Absent: None. Committee Business: Passed H.F. 2532. WAYS AND MEANS Convened: April 15, 1998, 2:47 p.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak, and Vilsack. Members Absent: Borlaug (excused). Committee Business: Passed HF 2550. Adjourned: 2:50 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Corning, Iowa - For receiving the Great American Mainstreet Award. Senator Angelo (4/15/98). Jeremiah DeHeck, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (4/25/98). Deb Etcheson, Creston - For receiving the Employee of the Year Award. Senator Angelo (2/13/98). Gilbert and Elinor Peitzman, Dallas Center - For celebrating their 50th Wedding Anniversary. Senator Maddox (6/1/98). Mike Powell, Le Mars - For achieving the rank of Eagle Scout. Senator Redwine (5/31/98). REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 2418, the following correction was made: 1. Page 2, line 26, the word and letter "paragraph "l"" was changed to the word and letter "paragraph "k"". MARY PAT GUNDERSON Secretary of the Senate SUBCOMMITTEE ASSIGNMENT House File 2532 STATE GOVERNMENT: Kibbie, Chair; McKibben and Rittmer EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 14, 1998, when the votes were taken on Senate Joint Resolution 9, Senate Files 2200, 2268, 2277, 2280, 2284, 2360, 2405, 2409, 2412, and 2413. Had I been present, I would have voted "aye." TOM VILSACK MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which House File 2290 passed the Senate on April 15, 1998. JEFF ANGELO MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5620 to Senate File 2414 was adopted by the Senate on April 14, 1998. ALLEN BORLAUG COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 2395, a bill for an act relating to and making supplemental and other appropriations for the fiscal year beginning July 1, 1997, and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5680. Final Vote: Ayes, 16: McLaren, Kramer, Flynn, Borlaug, Douglas, Dvorsky, Freeman, Hedge, Horn, Jensen, Lundby, McCoy, Rehberg, Rensink, Rife, and Rittmer. Nays, 6: Halvorson, Hammond, Harper, Neuhauser, Tinsman, and Vilsack. Pass, 2: Behn and Black. Absent or not voting, 1: Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2545, a bill for an act relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5679. Final Vote: Ayes, 24: McLaren, Kramer, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Nays, none. Absent or not voting, 1: Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE FILE 2532, a bill for an act relating to the maximum value of prizes awarded in raffles and certain games of skill and chance. Recommendation: DO PASS. Final Vote: Ayes, 14: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Nays, 1: Halvorson. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 2550, a bill for an act exempting services provided by licensed massage therapists from the state services tax. Recommendation: DO PASS. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, McLaren, Redfern, Szymoniak, and Vilsack. Nays, 1: Maddox. Absent or not voting, 1: Borlaug. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5677 H.F. 2005 Andy McKean Merlin E. Bartz Nancy Boettger Bill Fink S-5678 H.F. 2533 Kitty Rehberg S-5679 H.F. 2545 Appropriations S-5680 H.F. 2395 Appropriations S-5681 S.F. 2038 House S-5682 H.F. 2513 Steven D. Hansen S-5683 H.F. 2513 Elaine Szymoniak Johnie Hammond Mary Neuhauser Robert E. Dvorsky Dennis H. Black Patrick J. Deluhery S-5684 H.F. 2513 Robert E. Dvorsky Johnie Hammond Dennis H. Black Rod Halvorson Matt McCoy Tom Flynn Bill Fink Mike Connolly Elaine Szymoniak Mary Neuhauser S-5685 H.F. 2513 Robert E. Dvorsky Johnie Hammond Dick L. Dearden Bill Fink Mike Connolly Michael E. Gronstal Patricia Harper Steven D. Hansen Rod Halvorson Dennis H. Black Patty Judge Eugene S. Fraise Elaine Szymoniak Tom Flynn Mary Neuhauser S-5686 H.F. 2543 Patty Judge Eugene S. Fraise S-5687 H.F. 2395 Tom Vilsack S-5688 H.F. 2395 Tom Vilsack S-5689 H.F. 2395 Tom Vilsack S-5690 H.F. 2395 Tom Vilsack S-5691 H.F. 2395 Tom Vilsack S-5692 H.F. 2395 Tom Vilsack S-5693 H.F. 2533 Robert E. Dvorsky S-5694 H.F. 2513 Patrick J. Deluhery Eugene S. Fraise Steven D. Hansen Rod Halvorson Tom Flynn Robert E. Dvorsky Wally E. Horn Dennis H. Black Michael E. Gronstal Bill Fink Matt McCoy Don Gettings Tom Vilsack S-5695 H.F. 2513 Patrick J. Deluhery Bill Fink Eugene S. Fraise William D. Palmer Mike Connolly Wally E. Horn John P. Kibbie Robert E. Dvorsky Tom Vilsack Don Gettings Matt McCoy Tom Flynn Dick L. Dearden Dennis H. Black Patricia Harper Mary Neuhauser Elaine Szymoniak Michael E. Gronstal S-5696 H.F. 2513 Michael E. Gronstal S-5697 H.F. 2513 Mary Neuhauser Elaine Szymoniak Robert E. Dvorsky Johnie Hammond Patricia Harper Patrick J. Deluhery Matt McCoy Bill Fink Mike Connolly Steven D. Hansen S-5698 H.F. 2164 House S-5699 H.F. 2533 Donald B. Redfern S-5700 H.F. 2533 Mike Connolly S-5701 H.F. 2533 Mike Connolly S-5702 H.F. 2533 Elaine Szymoniak John P. Kibbie Dennis H. Black Rod Halvorson S-5703 H.F. 2533 Tom Vilsack Dennis H. Black Steven D. Hansen Patrick J. Deluhery Dick L. Dearden Michael E. Gronstal Mike Connolly Elaine Szymoniak Patricia Harper Don Gettings Rod Halvorson Patty Judge Tom Flynn Wally E. Horn Eugene S. Fraise S-5704 H.F. 2533 Dennis H. Black Patrick J. Deluhery Patty Judge Michael E. Gronstal Steven D. Hansen Eugene S. Fraise Patricia Harper John P. Kibbie Rod Halvorson Johnie Hammond Mike Connolly Bill Fink Robert E. Dvorsky Tom Flynn S-5705 H.F. 2533 Rod Halvorson Wally E. Horn John P. Kibbie Eugene S. Fraise Steven D. Hansen Patricia Harper Elaine Szymoniak ' Robert E. Dvorsky Bill Fink Patrick J. Deluhery Patty Judge Michael E. Gronstal Tom Flynn S-5706 H.F. 2533 Mike Connolly S-5707 H.F. 2533 Patricia Harper John P. Kibbie Rod Halvorson Bill Fink Robert E. Dvorsky S-5708 H.F. 2533 Jack Rife S-5709 H.F. 2533 Jack Rife S-5710 S.F. 2320 Jack Rife Michael E. Gronstal S-5711 S.F. 2320 Jack Rife Michael E. Gronstal S-5712 H.F. 2533 Donald B. Redfern S-5713 S.F. 2418 John W. Jensen S-5714 H.F. 2533 Johnie Hammond S-5715 S.F. 2320 Jack Rife Michael E. Gronstal S-5716 S.F. 2320 Jack Rife Michael E. Gronstal S-5717 H.F. 2533 Tom Vilsack S-5718 H.F. 2530 O. Gene Maddox S-5719 H.F. 2530 O. Gene Maddox S-5720 H.F. 2533 Robert E. Dvorsky S-5721 S.F. 2418 Tom Flynn Mike Connolly S-5722 S.F. 2418 Jack Rife S-5723 S.F. 2418 Jack Rife S-5724 S.F. 2418 Jack Rife S-5725 H.F. 2348 Elaine Szymoniak Nancy Boettger Maggie Tinsman S-5726 H.F. 2533 Elaine Szymoniak John P. Kibbie Dennis H. Black Rod Halvorson S-5727 H.F. 2533 Mike Connolly S-5728 H.F. 2395 Derryl McLaren ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 12:29 a.m., until 10:00 a.m., Thursday, April 16, 1998. CORRECTIONS TO THE JOURNAL On page 1245, amendment S-5648 lost by a voice vote. On page 1258, SSB 2219 was received instead of 2218. 1320 JOURNAL OF THE SENATE 94th Day 94th Day WEDNESDAY, APRIL 15, 1998 1319
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