Previous Day: Thursday, April 16 | Next Day: Monday, April 20 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
NINETY-SIXTH CALENDAR DAY FIFTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Friday, April 17, 1998 The Senate met in regular session at 9:09 a.m., President Kramer presiding. Prayer was offered by the Honorable Wilmer Rensink and his wife Marilyn, Sioux County, Sioux Center, Iowa. The Journal of Thursday, April 16, 1998, was approved. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 112. Senate Resolution 112 On motion of Senator Iverson, Senate Resolution 112, 1 SENATE RESOLUTION 112 2 BY COMMITTEE ON RULES AND ADMINISTRATION 3 A Senate Resolution honoring Senator Wilmer Rensink. 4 WHEREAS, Senator Wilmer Rensink is retiring from 5 legislative office after completing three terms in 6 office as a state Senator and two terms as a member of 7 the House of Representatives; and 8 WHEREAS, Senator Rensink's service as Chairperson 9 of the Agriculture Committee and as Vice Chair of the 10 Agriculture and Natural Resources Appropriations 11 Subcommittee is well recognized; and 12 WHEREAS, Senator Rensink's dedication, leadership, 13 and expertise in the areas of agriculture and 14 education are well recognized; and 15 WHEREAS, Senator Rensink formed and has been 16 instrumental in leading a weekly morning prayer group 17 for legislators and staff for the past six legislative 18 sessions; and 19 WHEREAS, Senator Rensink has served honorably and 20 has unselfishly given of his time and efforts to 21 further the interests of the State of Iowa and to 22 provide beneficial programs for the citizens of Iowa; 23 and 24 WHEREAS, Senator Rensink has served on many other 25 standing committees throughout his sixteen years of 26 legislative service and has been an influential and 27 devoted legislator in this state; NOW THEREFORE, 28 BE IT RESOLVED BY THE SENATE, That the Senate pay 29 tribute to Senator Wilmer Rensink for his devoted 30 service to the Iowa General Assembly and the citizens Page 2 1 of this state and wish him the very best in the years 2 ahead; and 3 BE IT FURTHER RESOLVED, That an official copy of 4 this Resolution be prepared and presented to Senator 5 Wilmer Rensink, was taken up for consideration. President pro tempore Redfern took the chair at 9:24 a.m. President Kramer took the chair at 9:40 a.m. Senator Iverson moved the adoption of Senate Resolution 112, which motion prevailed by a voice vote. 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 and passed the following bill in which the concurrence of the Senate is asked: Senate File 2416, a bill for an act relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties (S-5739). ALSO: That the House has on April 16, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2381, a bill for an act making appropriations from and to the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 1998, to the division of soil conservation for deposit in the Loess Hills development and conservation fund; department of corrections for renovation of the power plant and improvements to the water system at the Iowa correctional institution for women, for the construction of an additional cellblock at the Fort Dodge correctional facility, and for the construction of a 200-bed facility at the Iowa state penitentiary at Fort Madison; department of cultural affairs for the creation of a historical site preservation grant program; department of economic development for a welcome center at Hamburg, to be deposited in the physical infrastructure assistance fund, and for deposit in the rural enterprise fund to be used for a dry fire hydrant and rural water supply education and demonstration project; department of education for infrastructure improvements to the community colleges; department of general services for major renovation needs for state-owned buildings and facilities, for critical and deferred maintenance at Terrace Hill, for relocation of offices and other transitions costs associated with the renovation of the Lucas state office building and the old historical building, for renovation of the Lucas state office building, for developing a master plan for the capitol complex, for planning and design of a parking structure located at the northwest corner of the capitol complex, and for capitol interior restoration; department of public defense for maintenance and repair of national guard armories and facilities; department of public safety for construction of a new patrol post in district 1; department of natural resources for the purpose of funding capital projects from marine fuel tax receipts for expenditures for local cost- share grants to be used for capital expenditures to local governmental units for boating accessibility, for the construction of the Elinor Bedell state park and wildlife conservation area, for a recreational grant matching program, for the blufflands protection revolving fund, and for the dredging of lakes; department of transportation for capital improvements at all 10 of the commercial air service airports; for the Iowa state fair foundation for renovation, restoration, and improvement of the cattle barn and horse barn at the state fairgrounds and for county fair infrastructure improvements; judicial department for capital projects at the capitol building; and state board of regents for capital projects at the Iowa school for the deaf and the Iowa braille and sight saving school; making appropriations of the marine fuel tax receipts from the rebuild Iowa infrastructure fund; providing a reversion date to funds appropriated to the department of revenue and finance in the fiscal year beginning July 1, 1997, and ending June 30, 1998; making statutory changes relating to appropriations by establishing the blufflands protection fund, by reducing the overall appropriation for the restore outdoors program for the fiscal period beginning July 1, 1997, and ending June 30, 2001, as a result of the governor's item veto, by providing for coordination of vertical infrastructure databases, by eliminating a matching contribution requirement on certain funds appropriated to the department of cultural affairs for the fiscal year beginning July 1, 1997, by extending the allowable time to enter into contracts to provide alternative drainage outlets, by allocating part of the funds derived from the excise tax on the sale of motor fuel used in watercraft from the general fund to the rebuild Iowa infrastructure fund; and providing effective dates (S-5740). ALSO: 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 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. HOUSE AMENDMENT CONSIDERED Senate File 2416 Senator Maddox called up for consideration Senate File 2416, a bill for an act relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties, amended by the House, and moved that the Senate concur in House amendment S-5739 filed April 17, 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. 2416), the vote was: Ayes, 44: Angelo Bartz Black Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gettings Gronstal Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Szymoniak Tinsman Vilsack Zieman Nays, 3: Connolly Fink Halvorson Present, 1: Hammond Absent or not voting, 2: Behn Schuerer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PRESENTATION OF GUESTS Senator Szymoniak introduced Abram Vore, Hudson; Amy Alexander, Maquoketa; Sophia Gray, Council Bluffs; Karma Quick, Marion; and Rebecca Larson, Des Moines; the 1998 DSCI Junior Commissioners. PRESENTATION OF VISITORS The Chair welcomed eighteen confirmation class students from First Methodist Church, Cedar Falls, Iowa, accompanied by Reverend Keith Scott. Senator Redfern. HOUSE AMENDMENT CONSIDERED Senate File 2366 Senator Redfern called up for consideration Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions, amended by the House in House amendment S-5400 filed March 30, 1998. The Senate stood at ease at 10:24 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:18 a.m., President Kramer presiding. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2365, 2416, and House File 2163 be immediately messaged to the House. Senator Iverson asked and received unanimous consent that action on amendment S-5400 and Senate File 2366 be deferred. 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 17, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2281, a bill for an act relating to compensation for the legal defense of indigent persons in criminal, appellate, and certain civil cases (S-5743). ALSO: That the House has on April 17, 1998, passed the following bill in which the concurrence of the House was asked: Senate File 2384, a bill for an act to provide for the assessment and payment of a thirty-five dollar installment payment fee for fines or court costs paid in installments under certain circumstances and providing for a contingent effective date. PRESENTATION OF VISITORS The Chair welcomed thirty-four eighth grade students from Alden Community School, Alden, Iowa, accompanied by Kristi Harris and David Harms. Senator Iverson. The Chair welcomed twenty-three students from Lakeview Elementary, Centerville, Iowa, accompanied by Melissa Wehrle. Senator Judge. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 121. House Concurrent Resolution 121 On motion of Senator Rehberg, 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, with report of committee recommending passage, was taken up for consideration. Senator Rehberg moved the adoption of House Concurrent Resolution 121,which motion prevailed by a voice vote. Senator Iverson asked and received unanimous consent that House Concurrent Resolution 121 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 2558. House File 2558 On motion of Senator Boettger, 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, with report of committee recommending passage, was taken up for consideration. Senator Boettger offered amendment S-5741, filed by her from the floor to page 12 of the bill, and moved its adoption. Amendment S-5741 was adopted by a voice vote. Senator Szymoniak asked and received unanimous consent that action on House File 2558 be deferred. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 110. House Concurrent Resolution 110 On motion of Senator Szymoniak, 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, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak moved the adoption of House Concurrent Resolution 110, which motion prevailed by a voice vote. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 115. Senate Resolution 115 On motion of Senator Iverson, Senate Resolution 115, 1 SENATE RESOLUTION 115 2 BY COMMITTEE ON RULES AND ADMINISTRATION 3 A Senate Resolution honoring Senator Don E. Gettings 4 for his years of legislative service. 5 WHEREAS, Senator Don E. Gettings will this year 6 complete his fourth term of office in the Senate and 7 over twenty-one years of service to the state of Iowa 8 as a member of the General Assembly; and 9 WHEREAS, Senator Gettings 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 Gettings 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 Gettings and express its gratitude 18 for the service rendered by him; and 19 BE IT FURTHER RESOLVED, That the Senate present to 20 Senator Gettings his Senate chair in appreciation for 21 his service, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 115, which motion prevailed by a voice vote. BUSINESS PENDING Senate File 2366 The Senate resumed consideration of Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions, and House amendment S-5400, previously deferred. Senator Fink offered amendment S-5745, filed by Senators Fink, et al., from the floor to pages 14, 24, and 25 of House amendment S-5400, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5745 to amendment S-5400 be adopted?" (S.F. 2366), 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, 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, none. Amendment S-5745 lost. Senator Harper offered amendment S-5744, filed by Senators Harper, et al., from the floor to page 24 of House amendment S-5400, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5744 to amendment S-5400 be adopted?" (S.F. 2366), 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, 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, none. Amendment S-5744 lost. Senator Hedge took the chair at 12:47 p.m. Senator Redfern moved that the Senate concur in the House amendment. A record roll call was requested. On the question "Shall the motion to concur be adopted?" (S.F. 2366), the vote was: Ayes, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rife Szymoniak Vilsack Absent or not voting, none. The motion prevailed and the Senate concurred in the House amendment. Senator Redfern 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. 2366), the vote was: Ayes, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 23: Black Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Rife Szymoniak Vilsack 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. Senator Iverson asked and received unanimous consent that Senate File 2366 be immediately messaged to the House. President Kramer took the chair at 1:28 p.m. HOUSE AMENDMENT CONSIDERED (Deferred April 7, 1998) Senate File 2320 The Senate resumed consideration of Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, and House amendment S-5359, deferred April 7, 1998. Senator Gronstal called up the motion to reconsider the vote by which amendment S-5541 to House amendment S-5359 to Senate File 2320 failed to be adopted by the Senate, filed by him on April 7, 1998, found on page 1125 of the Senate Journal, and moved its adoption. A record roll call was requested. On the question, "Shall the motion to reconsider be adopted?" (S.F. 2320), the vote was: Ayes, 27: Borlaug Connolly Dearden Deluhery Drake Fink Flynn Fraise Gaskill Gettings Gronstal Hansen Harper Horn Iverson Judge Kibbie Kramer Lundby Maddox McLaren Palmer Rehberg Rife Rittmer Szymoniak Tinsman Nays, 23: Angelo Bartz Behn Black Boettger Douglas Dvorsky Freeman Halvorson Hammond Hedge Jensen King McCoy McKean McKibben Neuhauser Redfern Redwine Rensink Schuerer Vilsack Zieman Absent or not voting, none. The motion prevailed and amendment S-5541 by Senators Rife and Horn to House amendment S-5359 was taken up for reconsideration. Senator McKean asked and received unanimous consent that action on amendment S-5541 to House amendment S-5359 and Senate File 2320 be deferred. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 118. Senate Concurrent Resolution 118 On motion of Senator Jensen, 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, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 118, which motion prevailed by a voice vote. UNFINISHED BUSINESS (Deferred April 16, 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, previously deferred. President pro tempore Redfern took the chair at 1:56 p.m. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2530), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Fraise Iverson Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Maddox asked and received unanimous consent that Senate File 2360 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 2530, House Concurrent Resolution 110, and Senate Concurrent Resolution 118 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2532. House File 2532 On motion of Senator Kibbie, 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, with report of committee recommending passage, was taken up for consideration. Senator Kibbie 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. 2532), the vote was: Ayes, 45: Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Horn Iverson Jensen Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 4: Angelo Dearden Hedge Palmer Absent or not voting, 1: Lundby 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 2:05 p.m. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 120. Senate Resolution 120 On motion of Senator Iverson, Senate Resolution 120, a resolution requesting that the Legislative Council authorize an interim study of statewide jail space needs, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 120, which motion prevailed by a voice vote. The Senate stood at ease at 2:09 p.m. until the fall of the gavel. The Senate resumed session at 3:08 p.m., President Kramer presiding. BUSINESS PENDING House File 2558 The Senate resumed consideration of 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, previously deferred. 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. 2558), 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 Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: 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 2558 be immediately messaged to the House. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 108. Senate Resolution 108 On motion of Senator Iverson, Senate Resolution 108, 1 SENATE RESOLUTION 108 2 BY COMMITTEE ON RULES AND ADMINISTRATION 3 A Senate Resolution honoring Senator Mary Neuhauser. 4 WHEREAS, Senator Mary Neuhauser is retiring from 5 legislative office after completing one term in office 6 as a state Senator and four terms as a member of the 7 House of Representatives; and 8 WHEREAS, Senator Neuhauser's service as Chairperson 9 of the Oversight, Audit and Government Reform 10 Appropriations Subcommittee and as Vice Chair of the 11 Ethics Committee is well recognized; and 12 WHEREAS, Senator Neuhauser's dedication, 13 leadership, and expertise in the areas of governmental 14 oversight, ethics and campaign finance, and education 15 policy are well recognized; and 16 WHEREAS, Senator Neuhauser has assisted newly 17 established democracies of the former Soviet Union by 18 coordinating a visit from representatives of the 19 Stavropol Duma, the parliamentary body of Iowa's 20 sister state in Russia, and by visiting Stavropol as a 21 representative of the Iowa Senate; and 22 WHEREAS, Senator Neuhauser is well known for her 23 attention to detail and probing questions in 24 considering public policy decisions and enacting 25 legislation; and 26 WHEREAS, Senator Neuhauser's distinguished career 27 as a state legislator has included service as an 28 Assistant Majority Leader and Assistant Minority 29 Leader in the House of Representatives during the 30 Seventy-fourth and Seventy-fifth General Assemblies, Page 2 1 respectively; and 2 WHEREAS, Senator Neuhauser has served honorably and 3 has unselfishly given of her time and efforts to 4 further the interests of the State of Iowa and to 5 provide beneficial programs for the citizens of Iowa; 6 and 7 WHEREAS, Senator Neuhauser has served on many other 8 standing committees throughout her twelve years of 9 legislative service and has been an influential and 10 devoted legislator in this state; NOW THEREFORE, 11 BE IT RESOLVED BY THE SENATE, That the Senate pay 12 tribute to Senator Mary Neuhauser for her devoted 13 service to the Iowa General Assembly and the citizens 14 of this state and wish her the very best in the years 15 ahead; and 16 BE IT FURTHER RESOLVED, That an official copy of 17 this Resolution be prepared and presented to Senator 18 Mary Neuhauser, was taken up for consideration. President pro tempore Redfern took the chair at 3:42 p.m. President Kramer took the chair at 3:48 p.m. Senator Iverson moved the adoption of Senate Resolution 108, which motion prevailed by a voice vote. BUSINESS PENDING Senate File 2320 The Senate resumed consideration of Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, House amendment S-5359, and amendment S-5541 by Senators Rife and Horn to House amendment S-5359, previously deferred. Senator McKean asked and received unanimous consent to withdraw amendment S-5747, filed by Senators McKean and Halvorson from the floor to amendment S-5541 to House amendment S-5359. Senator McKean offered amendment S-5748, filed by him from the floor to amendment S-5541 to House amendment S-5359. Senator Gronstal raised the point of order that amendment S-5748 was not germane to the bill. The Chair ruled the point well taken and amendment S-5748 out of order. Senator McKean asked and received unanimous consent that action on amendments S-5541, S-5359, and Senate File 2320 be deferred. The Senate stood at ease at 4:08 p.m. until the fall of the gavel. The Senate resumed session at 4:38 p.m., President Kramer presiding. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 14, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2546, a bill for an act relating to waste tires and tire- derived fuels. Read first time and referred to committee on Appropriations. The Senate stood at ease at 4:41 p.m. until the fall of the gavel. The Senate resumed session at 5:13 p.m., President Kramer presiding. BUSINESS PENDING Senate File 2320 The Senate resumed consideration of Senate File 2320. Senator McKean offered amendment S-5750, filed by Senators McKean and Halvorson from the floor to amendment S-5541 to House amendment S-5359, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5750 to amendment S-5541 be adopted?" (S.F. 2320), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 24: Angelo Behn Black Boettger Douglas Drake Dvorsky Freeman Halvorson Hammond Harper Hedge Iverson Jensen King McKean McKibben Neuhauser Redfern Redwine Rehberg Rensink Schuerer Zieman Nays, 26: Bartz Borlaug Connolly Dearden Deluhery Fink Flynn Fraise Gaskill Gettings Gronstal Hansen Horn Judge Kibbie Kramer Lundby Maddox McCoy McLaren Palmer Rife Rittmer Szymoniak Tinsman Vilsack Absent or not voting, none. Amendment S-5750 lost. Senator McCoy offered amendment S-5751, filed by him from the floor to amendment S-5541 to House amendment S-5359, and moved its adoption. A non-record roll call was requested. The ayes were 24, nays 26. Amendment S-5751 lost. Senator Rife moved the adoption of amendment S-5541 to House amendment S-5359. A record roll call was requested. On the question "Shall amendment S-5541 to amendment S-5359 be adopted?" (S.F. 2320), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 24: Bartz Borlaug Connolly Dearden Deluhery Fink Flynn Fraise Gaskill Gettings Hansen Horn Iverson Judge Kibbie Kramer Lundby Maddox McLaren Palmer Rehberg Rife Rittmer Tinsman Nays, 26: Angelo Behn Black Boettger Douglas Drake Dvorsky Freeman Gronstal Halvorson Hammond Harper Hedge Jensen King McCoy McKean McKibben Neuhauser Redfern Redwine Rensink Schuerer Szymoniak Vilsack Zieman Absent or not voting, none. Amendment S-5541 lost. Senator Gronstal asked and received unanimous consent that action on House amendment S-5359 and Senate File 2320 be deferred. 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 17, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2415, a bill for an act relating to agricultural finance, providing an appropriation, and providing an effective date (S-5753). The Senate stood at ease at 6:29 p.m. until the fall of the gavel. The Senate resumed session at 7:03 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Dearden and Gettings until they return, on request of Senator Fink. HOUSE AMENDMENT CONSIDERED Senate File 2296 Senator Borlaug called up for consideration Senate File 2296, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making related statutory changes, and providing an effective date provision, amended by the House in House amendment S-5540 filed April 7, 1998. Senator Borlaug offered amendment S-5749, filed by him from the floor to House amendment S-5540. Senator McCoy offered amendment S-5756, filed by him from the floor to amendment S-5749 to House amendment S-5540, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5756 to amendment S-5749 be adopted?" (S.F. 2296), the vote was: Ayes, 19: Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Dearden Gettings Rensink Amendment S-5756 lost. Senator Harper offered amendment S-5755, filed by Senators Harper and McCoy from the floor to amendment S-5749 to House amendment S-5540. Senator Iverson called for a division of amendment S-5755: lines 3-13 as division S-5755A; lines 14-36 as division S-5755B. Senator Harper moved the adoption of division S-5755A. A non-record roll call was requested. The ayes were 35, nays 10. Division S-5755A was adopted. Senator Harper moved the adoption of division S-5755B. A record roll call was requested. On the question "Shall division S-5755B to amendment S-5749 be adopted?" (S.F. 2296), the vote was: Ayes, 21: Black Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie Maddox McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Dearden Gettings Rensink Division S-5755B lost. With the adoption of amendment S-5755 division A, the Chair ruled amendment S-5757, filed by Senator Iverson to amendment S-5749 to House amendment S-5540, out of order. Senator Harper offered amendment S-5754, filed by Senators Harper and McCoy from the floor to amendment S-5749 to House amendment S-5540, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5754 to amendment S-5749 be adopted?" (S.F. 2296), the vote was: Ayes, 20: Black Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Bartz Behn Boettger Borlaug Douglas Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 3: Dearden Gettings Rensink Amendment S-5754 lost. Senator Connolly asked and received unanimous consent that action on amendment S-5749 to House amendment S-5540 and Senate File 2296 be deferred. The Senate stood at ease at 7:52 p.m. until the fall of the gavel. The Senate resumed session at 8:24 p.m., President Kramer presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise for the remainder of the day, on request of Senator Gronstal. BUSINESS PENDING Senate File 2296 The Senate resumed consideration of Senate File 2296 and amendment S-5749 to House amendment S-5540, previously deferred. Senator McCoy offered amendment S-5759, filed by him from the floor to amendment S-5749 to House amendment S-5540, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5759 to amendment S-5749 be adopted?" (S.F. 2296), the vote was: Ayes, 18: Connolly Deluhery Dvorsky Fink Flynn Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 26: Angelo Bartz Behn Black Boettger Borlaug Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 6: Dearden Douglas Fraise Gettings Lundby Rensink Amendment S-5759 lost. Senator Connolly asked and received unanimous consent to withdraw amendment S-5758, filed by him from the floor to amendment S-5749 to House amendment S-5540. Senator Borlaug moved the adoption of amendment S-5749. Amendment S-5749 was adopted by a voice vote. With the adoption of amendment S-5749, the Chair ruled the following amendments out of order: S-5760 filed by Senator McCoy from the floor to amendment S-5749; S-5613 filed by Senator Borlaug on April 9, 1998, to House amendment S-5540; S-5742 filed by Senator Vilsack from the floor to House amendment S-5540; and S-5730 filed by Senators Douglas and Gronstal on April 16, 1998, to House amendment S-5540. Senator Borlaug 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 Borlaug 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. 2296), the vote was: Ayes, 36: Angelo Bartz Behn Black Borlaug Connolly Deluhery Drake Dvorsky Flynn Freeman Gaskill Gronstal Halvorson Hansen Hedge Horn Iverson Jensen Judge King Kramer Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Zieman Nays, 9: Boettger Douglas Fink Hammond Harper Kibbie McCoy Szymoniak Vilsack Absent or not voting, 5: Dearden Fraise Gettings Lundby Rensink 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 File 2532 be immediately messaged to the House. APPENDIX BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 17th day of April, 1998: Senate Files 316, 347, 2109, 2312, 2329, 2331, 2339, 2353, 2376, and 2383. MARY PAT GUNDERSON Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 17, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 540 - Relating to the second injury compensation Act, by providing for payments to the second injury fund including the imposition of an employer surcharge and a sunset of the ability to impose an employer surcharge, providing for the collection of payments to the second injury fund, and providing an effective date and applicability provision. S.F. 2037 - Relating to the Iowa state fair convention by providing for its membership and the election of members to the Iowa state fair board. S.F. 2235 - Concerning judicial administration and providing an effective date. S.F. 2254 - Relating to charges for room and board by certain prisoners. S.F. 2259 - Relating to search warrant applications. H.F. 2169 - Raising the limit on the amount of assets subject to a conservatorship in cases where a private nonprofit corporation serves as conservator and providing for an increase in the amount of assets in a minor ward's conservatorship eligible for an order for termination of the conservatorship and for delivery of the conservatorship assets to certain custodians. H.F. 2271 - Relating to obsolete and unnecessary provisions of the Code. H.F. 2281 - Providing for the mandatory recording of certain residential real estate installment sales contracts, providing a penalty, and providing for the Act's applicability. H.F. 2454 - Relating to motor vehicle operator proof of financial responsibility and providing an effective date and for retroactive applicability. H.F. 2473 - Providing for mediation in disputes involving agricultural producers. H.F. 2495 - Relating to the conduct of elections in the state. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2383, the following corrections were made: 1. Page 4, lines 21-25, the following were changed: "(1)" to "a", "(2)" to "b", "(3)" to "c", "(4)" to "d" and "(5)" to "e". MARY PAT GUNDERSON Secretary of the Senate EXPLANATIONS OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 17, 1998, when the vote was taken on Senate File 2416. Had I been present, I would have voted "aye." JERRY BEHN MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 17, 1998, when the vote was taken on Senate File 2416. Had I been present, I would have voted "aye." NEAL SCHUERER MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 16, 1998, when the votes were taken on Senate Files 2365, 2374, House Files 2163, 2164, 2382, and 2550. Had I been present, I would have voted "aye." TOM VILSACK CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Joel Ebert, Ackley - For being awarded the District VI Principal of the Year. Senator Iverson (4/17/98). MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2296 passed the Senate on April 17, 1998. MIKE CONNOLLY MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2296 passed the Senate on April 17, 1998. ALLEN BORLAUG MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2296 passed the Senate on April 17, 1998. DERRYL McLAREN COMMITTEE REPORT APPROPRIATIONS Final Bill Action: HOUSE FILE 2546, a bill for an act relating to waste tires and tire-derived fuels. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5752. Final Vote: Ayes, 24: McLaren, Kramer, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack. Nays, none. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5739 S.F. 2416 House S-5740 S.F. 2381 House S-5741 H.F. 2558 Nancy Boettger S-5742 S.F. 2296 Tom Vilsack S-5743 S.F. 2281 House S-5744 S.F. 2366 Patricia Harper Bill Fink Rod Halvorson Tom Vilsack Patrick J. Deluhery Patty Judge Michael E. Gronstal Eugene S. Fraise Elaine Szymoniak Tom Flynn Dick L. Dearden Robert E. Dvorsky Mary Neuhauser Matt McCoy Don Gettings Dennis H. Black William D. Palmer Wally E. Horn Mike Connolly Johnie Hammond John P. Kibbie S-5745 S.F. 2366 Bill Fink Patricia Harper Johnie Hammond Patrick J. Deluhery Patty Judge Michael E. Gronstal Eugene S. Fraise Elaine Szymoniak Tom Vilsack Mike Connolly Dick L. Dearden Robert E. Dvorsky Mary Neuhauser Matt McCoy Wally E. Horn Don Gettings Tom Flynn John P. Kibbie Rod Halvorson Dennis H. Black William D. Palmer S-5746 S.F. 2320 Andy McKean Rod Halvorson S-5747 S.F. 2320 Andy McKean Rod Halvorson Matt McCoy S-5748 S.F. 2320 Andy McKean S-5749 S.F. 2296 Allen Borlaug S-5750 S.F. 2320 Andy McKean Rod Halvorson S-5751 S.F. 2320 Matt McCoy S-5752 H.F. 2546 Appropriations S-5753 S.F. 2415 House S-5754 S.F. 2296 Patricia Harper Matt McCoy S-5755 S.F. 2296 Patricia Harper Matt McCoy S-5756 S.F. 2296 Matt McCoy S-5757 S.F. 2296 Stewart Iverson, Jr. S-5758 S.F. 2296 Mike Connolly S-5759 S.F. 2296 Matt McCoy S-5760 S.F. 2296 Matt McCoy ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 8:41 p.m., until 1:00 p.m., Monday, April 20, 1998. 1380 JOURNAL OF THE SENATE 96th Day 96th Day FRIDAY, APRIL 17, 1998 1379
Previous Day: Thursday, April 16 | Next Day: Monday, April 20 |
Senate Journal: Index | House Journal: Index |
Legislation: Index | Bill History: Index |
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
sjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Apr 20 13:40:18 CDT 1998
URL: /DOCS/GA/77GA/Session.2/SJournal/Day/0417.html
jhf