Senate Journal: Thursday, April 16, 1998

  NINETY-FIFTH CALENDAR DAY
  FIFTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, April 16, 1998

  The Senate met in regular session at 10:15 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Louis Jaeger of St. Patrick's
  Church, Epworth, Iowa.

  The Journal of Wednesday, April 15, 1998, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Fink and McCoy until they arrive, on request of Senator Dearden.

  AMENDMENT WITHDRAWN

  Senator Gronstal asked and received unanimous consent to
  withdraw amendment S-5716 filed by Senators Rife and Gronstal
  on April 15, 1998, to Senate File 2320.

  PRESENTATION OF VISITORS

  The Chair welcomed students from Cherokee Middle School,
  Cherokee, Iowa, accompanied by Pat Phipps.  Senator Freeman.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McLaren until he arrives, on request of Senator Iverson.
  HOUSE AMENDMENT CONSIDERED

  Senate File 2316

  Senator Flynn called up for consideration Senate File 2316, a bill
  for an act relating to entities and subject matter under the regulatory
  authority of the regulated industries unit of the insurance division,
  including business opportunities, cemeteries, and cemetery
  merchandise, motor vehicle service contracts, preneed funeral
  merchandise and services, and residential service contracts, providing
  for fees, and establishing penalties, amended by the House, and
  moved that the Senate concur in House amendment S-5586 filed
  April 8, 1998.

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

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

  On the question "Shall the bill pass?" (S.F. 2316), 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
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	

  Nays, none.

  Absent or not voting, 1:

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

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2545.

  House File 2545

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

  Senator Boettger offered amendment S-5679, filed by the
  committee on Appropriations on April 15, 1998, to pages 5 and 6 of
  the bill, and moved its adoption.

  Amendment S-5679 was adopted by a voice vote.

  Senator Boettger moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 2545), 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
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	
  Nays, none.

  Absent or not voting, 1:

  McLaren			

  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 2316 and House File 2545 be immediately messaged
  to the House.

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors:

  Fifty-five fourth grade students from Northwest Elementary School,
  Ankeny, Iowa, accompanied by Lori Schaefer.  Senator Palmer.

  Fifty-two sixth grade students from Manson Northwest Webster
  Middle School, Barnum, Iowa, accompanied by Diane Scheffler.
  Senator Halvorson.

  Twenty-six fourth and sixth grade students from St. Michael's
  School, Harlan, Iowa, accompanied by Kathy Hull.  Senator Boettger.

  Two fifth grade classes from Webster Elementary School,
  Oskaloosa, Iowa, accompanied by Marilee DeCook and Dick
  Hamilton.

  UNFINISHED BUSINESS
  (Deferred April 13, 1998)

  House File 2348

  The Senate resumed consideration of House File 2348, a bill for an
  act relating to institutions and facilities administered by the
  department of human services and to similar and related services,
  and amendment S-5394 by Senators Szymoniak, Boettger, and
  Tinsman on March 26, 1998, to pages 1-7 of the bill, and amendment
  S-5452 by Senator Dvorsky to page 4 of the bill, deferred April 13,
  1998.

  Senator Szymoniak asked and received unanimous consent to
  withdraw amendment S-5394.

  Senator Szymoniak offered amendment S-5725, filed by Senators
  Szymoniak, Boettger, and Tinsman on April 15, 1998, to pages 1-7 of
  the bill, and moved its adoption.

  Senator Hedge took the chair at 10:59 a.m.

  Amendment S-5725 was adopted by a voice vote.

  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-5452 to page 4 of the bill.

  Senator Dvorsky offered amendment S-5630, filed by him on April 13,
  1998, to page 4 of the bill, and moved its adoption.

  Amendment S-5630 was adopted by a voice vote.

  Senator Dvorsky asked and received unanimous consent that
  action on House File 2348 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Redfern until he arrives, on request of Senator Iverson.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2374

  Senator Maddox called up for consideration 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, amended by the House, and
  moved that the Senate concur in House amendment S-5636 filed
  April 14, 1998.
  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Maddox 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. 2374), 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	McKibben
  Neuhauser	Palmer	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  McLaren	Redfern	Vilsack			

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

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Lundby until she returns, on request of Senator Bartz; Senator
  Vilsack
  until he returns, on request of Senator Fraise.
  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 2164

  Senator Redwine called up for consideration House File 2164, a bill
  for an act relating to local community and economic development
  planning assistance and the community builder program, amended by
  the Senate, further amended by the House, and moved that the
  Senate concur in House amendment S-5698 to Senate amendment
  H-8994 filed April 15, 1998.

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

  Senator Redwine moved that the bill as amended by the 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. 2164), the vote was:

  Ayes, 45:

  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	Maddox	McKean
  McKibben	Neuhauser	Palmer	Redfern
  Redwine	Rehberg	Rensink	Rife
  Rittmer	Schuerer	Szymoniak	Tinsman
  Zieman	

  Nays, 2:

  Borlaug	McCoy	

  Absent or not voting, 3:

  Lundby	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 File 2374 and House File 2164 be immediately messaged
  to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 12:01 p.m.,
  until 1:00 p.m.

  AFTERNOON SESSION

  The Senate reconvened at 1:21 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 37 present, 13 absent, and a quorum present.

  The Senate stood at ease at 1:29 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 2:35 p.m., President Kramer
  presiding.

  ADOPTION OF RESOLUTION

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 109.

  Senate Resolution 109

  On motion of Senator Iverson, Senate Resolution 109,

  1                        SENATE RESOLUTION 109
  2    BY COMMITTEE ON RULES AND ADMINISTRATION
  3  A Senate Resolution honoring Senator Patrick J. Deluhery
  4     for his years of legislative service.
  5     WHEREAS, Senator Patrick J. Deluhery will this year
  6  complete his twentieth year of office in the Senate;
  7  and
  8     WHEREAS, Senator Deluhery has served honorably and
  9  has unselfishly given his time and efforts to further
  10  the interests of the state of Iowa and to provide
  11  beneficial programs for the citizens of Iowa; and
  12     WHEREAS, it is proper that Senator Deluhery be
  13  honored for his many years of service to the state of
  14  Iowa; NOW THEREFORE,
  15     BE IT RESOLVED BY THE SENATE, That the Senate pay
  16  tribute to Senator Deluhery and express its gratitude
  17  for the service rendered by him; and
  18     BE IT FURTHER RESOLVED, That the Senate present to
  19  Senator Deluhery his Senate chair in appreciation for
  20  his service,

  was taken up for consideration.

  Senator Iverson moved the adoption of Senate Resolution 109,
  which motion prevailed by a voice vote.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Flynn and Vilsack until they return, on request of Senator Judge;
  Senators McKibben and Drake until they return, on request of Senator
  Iverson.

  BUSINESS PENDING

  House File 2348

  The Senate resumed consideration of House File 2348, a bill for an
  act relating to institutions and facilities administered by the
  department of human services and to similar and related services,
  previously deferred.

  Senator Dvorsky offered amendment S-5729, filed by Senators
  Dvorsky and Hammond from the floor to page 1 of the bill, moved its
  adoption, and requested a record roll call.

  On the question "Shall amendment S-5729 be adopted?" (H.F. 2348),
  the vote was:
  Ayes, 16:

  Connolly	Dearden	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gettings
  Halvorson	Hammond	Harper	Horn
  Judge	Kibbie	Neuhauser	Palmer	

  Nays, 31:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Deluhery	Douglas
  Drake	Gaskill	Gronstal	Hansen
  Hedge	Iverson	Jensen	King
  Kramer	Lundby	Maddox	McCoy
  McKean	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Absent or not voting, 3:

  McKibben	McLaren	Vilsack			

  Amendment S-5729 lost.

  Senator Szymoniak 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. 2348), the vote was:

  Ayes, 42:

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

  Nays, 4:

  Dvorsky	Hammond	Harper	Neuhauser	
  Absent or not voting, 4:

  Drake	McKibben	McLaren	Vilsack		

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

  The Senate stood at ease at 3:10 p.m. until the fall of the gavel.

  The Senate resumed session at 3:15 p.m., President Kramer
  presiding.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2038

  Senator Tinsman called up for consideration Senate File 2038, a
  bill for an act relating to disqualification from voting or registering to
  vote for reasons of mental incompetence, amended by the House, and
  moved that the Senate concur in House amendment S-5681 filed
  April 15, 1998.

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

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

  On the question "Shall the bill pass?" (S.F. 2038), 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	McKibben
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  McLaren	Rife	Vilsack			

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

  UNFINISHED BUSINESS
  (Deferred April 14, 1998)

  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, deferred April 14, 1998.

  Senator Borlaug called up the motion to reconsider the vote by
  which amendment S-5460 to House File 2530 was adopted, filed by
  him on April 14, 1998, found on page 1257 of the Senate Journal, and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall the motion to reconsider 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, 25:

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

  Nays, 22:

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

  Absent or not voting, 3:

  Jensen	McLaren	Vilsack			

  The motion prevailed and amendment S-5460 by Senator Connolly
  to pages 2 and 37 of the bill, was taken up for reconsideration.

  Senator Connolly moved the adoption of amendment S-5460.

  A record roll call was requested.

  On the question "Shall amendment S-5460 be adopted?" (H.F. 2530),
  the vote was:

  Ayes, 25:

  Bartz	Black	Connolly	Dearden
  Deluhery	Dvorsky	Fink	Flynn
  Fraise	Gettings	Gronstal	Halvorson
  Hammond	Hansen	Harper	Horn
  Judge	Kibbie	McCoy	Neuhauser
  Palmer	Rife	Szymoniak	Tinsman
  Zieman	

  Nays, 22:

  Angelo	Behn	Boettger	Borlaug
  Douglas	Drake	Freeman	Gaskill
  Hedge	Iverson	Jensen	King
  Kramer	Maddox	McKean	McKibben
  Redfern	Redwine	Rehberg	Rensink
  Rittmer	Schuerer	

  Absent or not voting, 3:

  Lundby	McLaren	Vilsack			
  Amendment S-5460 was adopted.

  Senator Maddox asked and received unanimous consent that
  action on House File 2530 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 2348 and Senate File 2038 be immediately messaged
  to the House.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2365

  Senator McKibben called up for consideration 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, amended by the
  House, and moved that the Senate concur in House amendment
  S-5675 filed April 14, 1998.

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

  Senator McKibben 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. 2365), the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Bartz	Connolly	Kibbie	McLaren
  Vilsack			

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

  PRESENTATION OF VISITORS

  The Chair welcomed seven FFA students from the Okoboji School
  District, Milford, Iowa, accompanied by Richard Martin.  Senator
  Kibbie.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2550.

  House File 2550

  On motion of Senator Freeman, House File 2550, a bill for an act
  exempting services provided by licensed massage therapists from the
  state services tax, with report of committee recommending passage,
  was taken up for consideration.

  Senator Freeman moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 2550), 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
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 2:

  McLaren	Vilsack			

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

  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 16, 1998, concurred in the Senate amendment and passed
  the
  following bill in which the concurrence of the House was asked:

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

  UNFINISHED BUSINESS
  (Deferred March 26, 1998)

  House File 2382

  The Senate resumed consideration of House File 2382, a bill for an
  act relating to the identification of animals and providing penalties,
  and amendment S-5396 by Senators Bartz, et al., to pages 1-3 of the
  bill, deferred March 26, 1998.

  Senator Bartz asked and received unanimous consent to withdraw
  amendment S-5396.
  With the withdrawal of amendment S-5396, the Chair ruled
  amendment S-5413, filed by Senator Fraise on March 30, 1998, to
  page 1 of the bill, out of order.

  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. 2382), 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	Maddox
  McCoy	McKean	McKibben	Neuhauser
  Palmer	Redfern	Redwine	Rehberg
  Rensink	Rife	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Lundby	McLaren	Vilsack			

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

  SPECIAL GUEST

  Senator Jensen introduced the Honorable Edgar Holden, former
  member of the Senate from Scott County, Davenport, Iowa.

  ADOPTION OF RESOLUTION

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

  Senator Bartz took the chair at 4:19 p.m.
  Senate Resolution 114

  On motion of Senator Iverson, Senate Resolution 114,

  1                           SENATE RESOLUTION 114
  2      BY COMMITTEE ON RULES AND ADMINISTRATION
  3  A Senate Resolution honoring Senator John W. Jensen for his
  4     years of legislative service.
  5     WHEREAS, Senator John W. Jensen will this year
  6  complete his twentieth year of office in the Senate;
  7  and
  8     WHEREAS, Senator Jensen has served honorably and
  9  has unselfishly given his time and efforts to further
  10  the interests of the state of Iowa and to provide
  11  beneficial programs for the citizens of Iowa; and
  12     WHEREAS, it is proper that Senator Jensen be
  13  honored for his many years of service to the state of
  14  Iowa; NOW THEREFORE,
  15     BE IT RESOLVED BY THE SENATE, That the Senate pay
  16  tribute to Senator Jensen and express its gratitude
  17  for the service rendered by him; and
  18     BE IT FURTHER RESOLVED, That the Senate present to
  19  Senator Jensen his Senate chair in appreciation for
  20  his service,

  was taken up for consideration.

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 2550 and 2382 be immediately messaged to the
  House.

  UNFINISHED BUSINESS

  House File 2163

  On motion of Senator McKean, House File 2163, a bill for an act
  relating to the reopening of an administrative hearing pertaining to a
  license revocation for an operating while intoxicated offense,
  prohibiting a demand for proof of financial responsibility following
  the recision of an administrative revocation, and providing an
  effective date, with report of committee recommending amendment
  and passage, placed on the Unfinished Business Calendar on
  March 26, 1998, was taken up for consideration.

  Senator McKean offered amendment S-5292, filed by the
  committee on Judiciary on March 19, 1998, to page 1 of the bill.

  Senator McKean offered amendment S-5732, filed by him from the
  floor to amendment S-5292, and moved its adoption.

  President Kramer took the chair at 4:49 p.m.

  Amendment S-5732 was adopted by a voice vote.

  Senator McKean moved the adoption of amendment S-5292.

  Amendment S-5292 was adopted by a voice vote.

  Senator McKean 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. 2163), 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	McKibben
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rittmer	Schuerer
  Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 3:

  McLaren	Rife	Vilsack			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2543.

  House File 2543

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

  Senator Judge offered amendment S-5686, filed by Senators Judge
  and Fraise on April 15, 1998, striking everything after the enacting
  clause and to the title page of the bill.

  Senator Maddox raised the point of order that amendment S-5686
  was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-5686
  in order.

  Senator Maddox asked and received unanimous consent that
  action on amendment S-5686 and House File 2543 be deferred.

  ADOPTION OF RESOLUTION

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 116.

  Senate Resolution 116

  On motion of Senator Iverson, Senate Resolution 116,
  1                       SENATE RESOLUTION 116
  2  BY COMMITTEE ON RULES AND ADMINISTRATION
  3  A Senate Resolution honoring Senator Rod N. Halvorson
  4     for his years of legislative service.
  5     WHEREAS, Senator Rod N. Halvorson will this year
  6  complete his first term of office in the Senate and
  7  twenty years of service to the state of Iowa as a
  8  member of the General Assembly; and
  9     WHEREAS, Senator Halvorson has served honorably and
  10  has unselfishly given his time and efforts to further
  11  the interests of the state of Iowa and to provide
  12  beneficial programs for the citizens of Iowa; and
  13     WHEREAS, it is proper that Senator Halvorson be
  14  honored for his many years of service to the state of
  15  Iowa; NOW THEREFORE,
  16     BE IT RESOLVED BY THE SENATE, That the Senate pay
  17  tribute to Senator Halvorson and express its gratitude
  18  for the service rendered by him; and
  19     BE IT FURTHER RESOLVED, That the Senate present to
  20  Senator Halvorson his Senate chair in appreciation for
  21  his service,

  was taken up for consideration.

  Senator Iverson moved the adoption of Senate Resolution 116,
  which motion prevailed by a voice vote.

  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 15, 1998, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 2558, a bill for an act relating to mental health,
  developmental disability, and substance abuse service, commitment,
  and payment provisions, and including an applicability provision and
  an effective date.

  Read first time and referred to committee on Appropriations.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 5:48 p.m.,
  until 6:30 p.m.
  QUORUM CALL

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

  The vote revealed 37 present, 13 absent, and a quorum present.

  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 Maddox asked and received unanimous consent to
  withdraw amendment S-5718, filed by him on April 15, 1998, to
  pages 2 and 37 of the bill.

  Senator Maddox asked and received unanimous consent to
  withdraw amendment S-5719, filed by him on April 15, 1998, to
  pages 2 and 37 of the bill.

  Senator Dvorsky offered amendment S-5669, filed by him on April 14,
  1998, to pages 15 and 37 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5669 be adopted?" (H.F. 2530),
  the vote was:

  Ayes, 21:

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

  Nays, 25:

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

  Absent or not voting, 4:

  Drake	McLaren	Rife	Vilsack		

  Amendment S-5669 lost.

  Senator Iverson asked and received unanimous consent that action
  on House File 2530 be deferred.
  APPENDIX

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 16, 1998,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 530 - Relating to the establishment of an E911 surcharge, providing for
  the
  distribution of the surcharge, and providing a pooling mechanism for the
  purchase of
  equipment necessary for an E911 system.

  S.F. 2072 - Providing for the appointment of an additional member to the
  family
  development and self-sufficiency council.

  S.F. 2218 - Relating to the issuance of highway travel permits to raw milk
  transporters whose motor trucks exceed gross weight and axle weight
  restrictions and
  establishing a fee.

  S.F. 2261 - Relating to the criteria for the awarding of grandparent and
  great-
  grandparent visitation rights.

  S.F. 2321 - Relating to the confidentiality of certain records and reports
  held by the
  labor commissioner.

  S.F. 2325 - Amending the Uniform Securities Act, by regulating persons
  involved in
  managing investments, providing for the administration of the securities
  bureau,
  providing fees, and providing for penalties and effective dates.

  S.F. 2400 - Relating to the powers and duties of county treasurers and
  including an
  applicability date provision.

  S.F. 2407 - Relating to the extension of the reduced excise tax imposed on
  motor
  fuel containing ethanol.

  H.F. 681 - Creating an environmental audit privilege and immunity, and an
  environmental auditor training program, and providing penalties.

  H.F. 2335 - Relating to persons holding interests in agricultural land and
  providing
  penalties and an effective date.

  H.F. 2336 - Relating to the assumption of risk by and liability of forcible
  felons and
  persons aiding and abetting in the commission of forcible felonies for
  damages
  resulting from the offenders' criminal conduct.

  H.F. 2528 - Establishing a graduated driver's license for young drivers,
  making
  penalties applicable, creating an interim study committee, and including an
  applicability provision and an effective date.
  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  April 16, 1998, 5:50 p.m.

  Members Present:  Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black,
  Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn,
  Jensen, Lundby, Maddox, McCoy, Rehberg, Rensink, Rife, Rittmer, and Tinsman.

  Members Absent:  McLaren, Chair; Neuhauser and Vilsack (all excused).

  Committee Business:  Passed HF 2548 and HF 2558.

  Adjourned:  6:20 p.m.

  HUMAN RESOURCES

  Convened:  April 16, 1998, 5:00 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, Dearden, Hammond, Harper, Rensink, Schuerer, Tinsman,
  and
  Zieman.

  Members Absent:  Dvorsky (excused).

  Committee Business:  Passed HCR 110.

  Adjourned:  5:05 p.m.

  RULES AND ADMINISTRATION

  Convened:  April 16, 1998, 3:11 p.m.

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

  Members Absent:  Fink and Lundby (both excused).

  Committee Business:  Passed SCR 118, SR 120, and HCR 121.

  Adjourned:  3:12 p.m.

  SUBCOMMITTEE ASSIGNMENTS

  House File 2557

  APPROPRIATIONS:  Lundby, Chair; Maddox and Neuhauser

  House File 2558

  APPROPRIATIONS:  Kramer, Chair; Harper and Tinsman
  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:

  Jeremy Fischer, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Flynn
  (5/31/98).

  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  16,
  1998, when the vote was taken on House File 2348.  Had I been present, I
  would have
  voted "aye."

  LARRY McKIBBEN

  COMMITTEE REPORTS

  APPROPRIATIONS

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

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 22:  Kramer, Flynn, Behn, Black, Borlaug, Douglas,
  Dvorsky,
  Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox,
  McCoy, Rehberg, Rensink, Rife, Rittmer, and Tinsman.  Nays, none.  Absent or
  not
  voting, 3:  McLaren, Neuhauser, and Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 2558, a bill for an act relating to mental
  health,
  developmental disability, and substance abuse service, commitment, and
  payment
  provisions, and including an applicability provision and an effective date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 22:  Kramer, Flynn, Behn, Black, Borlaug, Douglas,
  Dvorsky,
  Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox,
  McCoy, Rehberg, Rensink, Rife, Rittmer, and Tinsman.  Nays, none.  Absent or
  not
  voting, 3:  McLaren, Neuhauser, and Vilsack.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  HUMAN RESOURCES

  Final Bill Action:  HOUSE CONCURRENT RESOLUTION 110, a concurrent
  resolution affirming the efforts of the child welfare services work group
  established by
  the Legislative Council, requesting approval for continuance of the work
  group, and
  requesting that leadership of the General Assembly work with the Governor
  and Iowa's
  congressional delegation in developing a memorandum of understanding with
  the
  federal government.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden,
  Hammond, Harper, Rensink, Schuerer, Tinsman, and Zieman.  Nays, none.
  Absent or
  not voting, 1:  Dvorsky.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 118, a concurrent
  resolution requesting the Legislative Council to establish an interim study
  committee
  to review the issue of the deregulation and restructuring of the electric
  utility industry.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 120, a resolution requesting that the
  Legislative Council authorize an interim study of statewide jail space
  needs.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5729		H.F. 2348	Robert E. Dvorsky
  Johnie Hammond
  S-5730		S.F. 2296	JoAnn Douglas
  Michael E. Gronstal
  S-5731		S.F. 2320	Jack Rife
  Michael E. Gronstal
  S-5732		H.F. 2163	Andy McKean
  S-5733		S.F. 2320	Andy McKean
  Nancy Boettger
  Steve King
  Rod Halvorson
  Mary Neuhauser
  Dennis H. Black
  H. Kay Hedge
  Neal Schuerer
  S-5734		H.F. 2395	Mary Lou Freeman
  Richard F. Drake
  S-5735		S.F. 2320	Jack Rife
  S-5736		S.F. 2320	Jack Rife
  S-5738		H.F. 2005	Rod Halvorson

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:58 p.m.,
  until 9:00 a.m., Friday, April 17, 1998.
  1336	JOURNAL OF THE SENATE	95th Day
  95th Day	THURSDAY, APRIL 16, 1998	1335

© 1998 Cornell College and League of Women Voters of Iowa

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