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ONE HUNDREDTH CALENDAR DAY FIFTY-NINTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 21, 1998 The Senate met in regular session at 9:15 a.m., President Kramer presiding. Prayer was offered by Reverend Carl Huess, pastor of the Christian Reformed Church, Des Moines, Iowa. The Odebolt-Arthur Singers from Odebolt, Iowa, sang "Prayer for the Children." The Journal of Monday, April 20, 1998, was approved. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 20, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2560, a bill for an act relating to aircraft registration fees and sales tax exemptions. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 20, 1998, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2413, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons (S-5778). ALSO: That the House has on April 20, 1998, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bills in which the concurrence of the Senate is asked: House File 2269, a bill for an act relating to permissible physical contact between school employees and students (S-5779). House File 2498, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters (S-5780). ALSO: That the House has on April 20, 1998, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: 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. House File 2546, a bill for an act relating to waste tires and tire- derived fuels. 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. ALSO: That the House has on April 17, 1998, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 20, 1998, receded from the House amendment to the Senate amendment, and adopted the following resolution in which the concurrence of the House was asked: House Concurrent Resolution 15, a concurrent resolution providing for the formation of a committee by the Legislative Council to conduct a comprehensive study of school finance and make recommendations for a revised school aid formula. HOUSE AMENDMENT CONSIDERED Senate File 2381 Senator Freeman called up for consideration 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, amended by the House in House amendment S-5740 filed April 17, 1998. Senator Freeman asked and received unanimous consent that action on House amendment S-5740 and Senate File 2381 be deferred. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 107. Senate Resolution 107 On motion of Senator Iverson, Senate Resolution 107, 1 SENATE RESOLUTION 107 2 BY COMMITTEE ON RULES AND ADMINISTRATION 3 A Senate Resolution honoring Senator William D. Palmer. 4 WHEREAS, Senator William D. Palmer is retiring from 5 legislative office after completing eight terms in 6 office as a state Senator and two terms as a member of 7 the House of Representatives; and 8 WHEREAS, Senator Palmer's distinguished career as a 9 state legislator has included service as the Senate 10 President Pro Tempore during the Seventy-fifth General 11 Assembly; and 12 WHEREAS, Senator Palmer's service as Chairperson of 13 the Appropriations, Budget, Commerce, Natural 14 Resources, Rules and Administration, and Ways and 15 Means Committees and as a member of the Administrative 16 Rules Review Committee is well recognized; and 17 WHEREAS, Senator Palmer also served as a member of 18 the Legislative Council during the Sixty-fourth, 19 Sixty-sixth, Sixty-seventh, Sixty-eighth, Sixty-ninth, 20 and Seventy-fifth General Assemblies; and 21 WHEREAS, Senator Palmer's dedication, leadership, 22 and expertise in the areas of tax fairness, consumer 23 protection, commercial regulation, and balancing the 24 state budget are well recognized; and 25 WHEREAS, Senator Palmer has served honorably and 26 has unselfishly given of his time and efforts to 27 further the interests of the State of Iowa and to 28 provide beneficial programs for the citizens of Iowa; 29 and 30 WHEREAS, Senator Palmer has served on many other Page 2 1 standing committees throughout his thirty-four years 2 of legislative service and has been an influential and 3 devoted legislator in this state; NOW THEREFORE, 4 BE IT RESOLVED BY THE SENATE, That the Senate pay 5 tribute to Senator William D. Palmer for his devoted 6 service to the Iowa General Assembly and the citizens 7 of this state and wish him the very best in the years 8 ahead; and 9 BE IT FURTHER RESOLVED, That an official copy of 10 this Resolution be prepared and presented to Senator 11 William D. Palmer, was taken up for consideration. Senator Gronstal offered amendment S-5783, filed by Senators Gronstal and Iverson from the floor to page 2 of the resolution, and moved its adoption. Amendment S-5783 was adopted by a voice vote. Senator Hedge took the chair at 9:41 a.m. Senator Iverson moved the adoption of Senate Resolution 107, which motion prevailed by a voice vote. The Senate stood at ease at 10:10 a.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 10:59 a.m., President pro tempore Redfern presiding. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2498 Senator Lundby called up for consideration House File 2498, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5780 to Senate amendment H-9118, filed April 21, 1998. Senator Hedge took the chair at 11:15 a.m. The motion lost by a voice vote and the Senate refused to concur in the House amendment to the Senate amendment. The Senate stood at ease at 11:31 a.m. until the fall of the gavel. The Senate resumed session at 11:33 a.m., Senator Hedge presiding. INTRODUCTION OF RESOLUTION Senate Resolution 122, by Maddox and Dvorsky, a resolution honoring Mr. Walt Saur upon his retirement as Chairperson of the Iowa Board of Parole. Read first time and referred to committee on Rules and Administration. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 2498 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2332 Senator Gettings called up for consideration Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date, amended by the House in House amendment S-5637 filed April 14, 1998. Senator Judge asked and received unanimous consent that action on House amendment S-5637 and Senate File 2332 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 11:38 a.m., until 1:00 p.m. 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 21st day of April, 1998: Senate Files 492, 518, 2161, 2188, 2330, 2368, 2372, 2374, 2378, 2380, and 2404. MARY PAT GUNDERSON Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 21, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2331 - Relating to agreements for the provision of services, by excluding persons who provide transportation of prisoners from statutory requirements pertaining to private investigators or security agents and the carrying of weapons, and providing for the sharing of certain habilitative and treatment resources by the department of corrections with the department of human services and providing for certain contractual requirements and the adoption of rules by the department of corrections. S.F. 2339 - Relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint. S.F. 2353 - Relating to an allocation of state aid for purposes of school-based youth services programs. S.F. 2376 - Relating to the operation of the lottery and providing a penalty. S.F. 2383 - Relating to amusement ride rider safety, providing a penalty, and providing an effective date. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate Amendment to House Amendment to Senate File 2296, the following corrections were made: 1. Page 27, lines 10 and 11, the following words and numbers "Sections 14, 15, 16, 17, 18, 19, 20, 21, and 25" were changed to the words and numbers "Sections 15, 16, 17, 18, 19, 20, 21, 22, and 28". Mary Pat Gunderson Secretary of the Senate CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Odebolt-Arthur High School Double Quartet - For singing at the Iowa State Senate. Senator King (4/21/98). AMENDMENTS FILED S-5778 S.F. 2413 House S-5779 H.F. 2269 House S-5780 H.F. 2498 House S-5781 S.F. 2381 Mary Lou Freeman S-5782 S.F. 2381 Mary Lou Freeman S-5783 S.R. 107 Michael E. Gronstal Stewart Iverson, Jr. S-5784 S.F. 2381 O. Gene Maddox S-5785 S.F. 2381 Allen Borlaug Wally E. Horn Stewart Iverson, Jr. Dennis H. Black AFTERNOON SESSION The Senate reconvened at 1:02 p.m., Senator McKean presiding. QUORUM CALL Senator Angelo requested a non-record roll call to determine that a quorum was present. The vote revealed 40 present, 10 absent, and a quorum present. PRESENTATION OF VISITORS The Chair welcomed thirty high school students from Dallas Center-Grimes, accompanied by Jerry Kindhart. Senator Maddox. INTRODUCTION OF RESOLUTIONS Senate Resolution 123, by Tinsman, Hammond, Boettger, Szymoniak, Redwine, Dvorsky, and Behn, a resolution recognizing the positive contributions to the state from county implementation of a single entry point process for mental health, mental retardation, and developmental disabilities (MH/MR/DD) services known as the central point of coordination or "CPC" system. Read first time and referred to committee on Rules and Administration. Senate Resolution 124, by committee on Rules and Administration, a resolution relating to daily operations of the Senate. Read first time and placed on calendar. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 21, 1998, refused to concur in the Senate amendment to the House amendment to the following bill in which the concurrence of the House was asked: 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. ALSO: That the House on April 21, 1998, insisted on its amendment to House File 2498, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, and that the members of the Conference committee on part of the House are: The Representative from Bremer, Representative Brunkhorst, Chair; the Representative from Polk, Representative Chiodo; the Representative from Scott, Representative Holmes; the Representative from Polk, Representative Huser; the Representative from Marion, Representative Van Maanen. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on House File 2498 on the part of the Senate: Senators Lundby, Chair; Kramer, McLaren, McCoy, and Gronstal. SENATE INSISTS 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, further amended by the Senate, and moved that the Senate insists on its amendment. A record roll call was requested. On the question "Shall the motion to insist be adopted?" (S.F. 2296), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 32: Angelo Bartz Behn Boettger Borlaug Connolly Douglas Drake Freeman Gaskill Hansen Hedge Horn Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 14: Deluhery Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Harper Judge Kibbie McCoy Neuhauser Vilsack Absent or not voting, 4: Black Dearden Dvorsky Szymoniak The motion prevailed and the Senate insisted on its amendment. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on Senate File 2296 on the part of the Senate: Senators Borlaug, Chair; Schuerer, McLaren, Deluhery, and Harper. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Szymoniak until she returns, on request of Senator Judge. HOUSE AMENDMENT CONSIDERED Senate File 2413 Senator Freeman called up for consideration Senate File 2413, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons, amended by the House, and moved that the Senate concur in House amendment S-5778 filed April 21, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Freeman 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. 2413), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Dearden Szymoniak 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 1:49 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 2:13 p.m., President Kramer presiding. BUSINESS PENDING Senate File 2381 The Senate resumed consideration of 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, and House amendment S-5740, previously deferred. Senator Freeman offered amendment S-5781, filed by her from the floor, to pages 1-5 of House amendment S-5740. Senator Hammond offered amendment S-5792, filed by Senators Hammond and Dvorsky from the floor, to amendment S-5781 to House amendment S-5740, and moved its adoption. A record roll call was requested. On the question, "Shall amendment S-5792 to amendment S-5781 be adopted?" (S.F. 2381) the vote was: Ayes, 22: Black Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy Neuhauser Palmer Schuerer 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 Rensink Rife Rittmer Tinsman Zieman Absent or not voting, 1: Dearden Amendment S-5792 lost. The Senate resumed consideration of amendment S-5781. Senator Rife asked and received unanimous consent that action on amendment S-5781 be deferred. Senator Maddox offered amendment S-5784, filed by him from the floor, to pages 1 and 5 of House amendment S-5740, and moved its adoption. President pro tempore Redfern took the chair at 2:34 p.m. Senator Hedge took the chair at 2:47 p.m. A record roll call was requested. On the question, "Shall amendment S-5784 to House amendment S-5740 be adopted?" (S.F. 2381) the vote was: Ayes, 20: Boettger Connolly Dvorsky Fraise Gettings Hammond Harper Horn Kibbie Kramer Lundby Maddox Neuhauser Palmer Rensink Rife Rittmer Szymoniak Tinsman Vilsack Nays, 29: Angelo Bartz Behn Black Borlaug Deluhery Douglas Drake Fink Flynn Freeman Gaskill Gronstal Halvorson Hansen Hedge Iverson Jensen Judge King McCoy McKean McKibben McLaren Redfern Redwine Rehberg Schuerer Zieman Absent or not voting, 1: Dearden Amendment S-5784 lost. President pro tempore Redfern took the chair at 3:10 p.m. The Senate resumed consideration of amendment S-5781 to House amendment S-5740, previously deferred. Senator Rife offered amendment S-5806 filed by him from the floor to amendment S-5781 to House amendment S-5740, and moved its adoption. A non-record roll call was requested. The ayes were 13, nays 27. Amendment S-5806 lost. Senator Rife offered amendment S-5808 filed by him from the floor, to amendment S-5781 to House amendment S-5740. Senator Connolly called for a division of amendment S-5808: lines 3-15 as division S-5808A, and lines 16-25 as division S-5808B. Senator Connolly withdrew his division of S-5808. Senator McKean raised the point of order that amendment S-5808 was not germane to the bill. The Chair ruled the point well taken and amendment S-5808 out of order. The Senate resumed consideration of amendment S-5781. Senator Freeman moved the adoption of division S-5781A. Division S-5781A was adopted by a voice vote. Senator Freeman moved the adoption of division S-5781B. A record roll call was requested. On the question "Shall division S-5781B to House amendment S-5740 be adopted?" (S.F. 2381), 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 Drake Freeman Gaskill Hammond Hedge Iverson Jensen Kibbie King Kramer McKean McKibben Redwine Rehberg Rife Rittmer Szymoniak Tinsman Zieman Nays, 22: Black Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hansen Harper Horn Judge Maddox McCoy Neuhauser Palmer Redfern Rensink Schuerer Vilsack Absent or not voting, 3: Dearden Lundby McLaren Division S-5781B was adopted. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Lundby and McLaren until they return, on request of Senator Kramer. BUSINESS PENDING Senate File 2381 The Senate resumed consideration of Senate File 2381 and House amendment S-5740, previously deferred. Senator Freeman offered amendment S-5782, filed by her from the floor to page 1 of House amendment S-5740, and moved its adoption. Amendment S-5782 was adopted by a voice vote. President Kramer took the chair at 4:07 p.m. Senator Iverson asked and received unanimous consent that action on House amendment S-5740 and Senate File 2381 be deferred. The Senate stood at ease at 4:06 p.m. until the fall of the gavel. The Senate resumed session at 4:15 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 20, 1998, concurred in the Senate amendment to the House amendment, and passed the following bill in which the concurrence of the House was asked: Senate File 2061, a bill for an act relating to a delay in implementing the inclusion of certain information on property tax statements by providing a deferral application process and providing an effective date. INTRODUCTION OF RESOLUTION Senate Resolution 125, by Kibbie, a resolution honoring Carol Emerson. Read first time and referred to committee on Rules and Administration. BUSINESS PENDING Senate File 2381 The Senate resumed consideration of Senate File 2381 and House amendment S-5740, previously deferred. Senator Borlaug offered amendment S-5785, filed by Senators Borlaug, et al., from the floor to pages 1 and 2 of House amendment S-5740. Senator Hansen offered amendment S-5787, filed by him from the floor to amendment S-5785 to House amendment S-5740. Senator Hedge took the chair at 4:25 p.m. SPECIAL GUEST Senator Black introduced former Lieutenant Governor Robert Anderson who was visiting the Senate. Lieutenant Governor Anderson served from 1983 to 1987. BUSINESS PENDING Senate File 2381 The Senate resumed consideration of amendment S-5787 to amendment S-5785 to House amendment S-5740. Senator Hansen asked and received unanimous consent that action on amendment S-5787 be deferred. Senator Hansen asked and received unanimous consent to withdraw amendment S-5790, filed by him from the floor to amendment S-5785 to House amendment S-5740. Senator Vilsack offered amendment S-5793, filed by Senators Vilsack, McCoy, and Connolly from the floor to amendment S-5785 to House amendment S-5740, and moved its adoption. A non-record roll call was requested. The ayes were 30, nays 15. Amendment S-5793 was adopted. Senator Borlaug asked and received unanimous consent that action on amendment S-5785, House amendment S-5740, and Senate File 2381 be deferred. COMMITTEE REPORT WAYS AND MEANS Final Bill Action: *HOUSE FILE 2560, a bill for an act relating to aircraft registration fees and sales tax exemptions. Recommendation: DO PASS. Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Deluhery, Drake, Hedge, Judge, Maddox, Redfern, Szymoniak, and Vilsack. Nays, none. Absent or not voting, 3: Connolly, Freeman, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on House File 2560, and they were attached to the committee report. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2560. House File 2560 On motion of Senator Borlaug, House File 2560, a bill for an act relating to aircraft registration fees and sales tax exemptions, with report of committee recommending passage, was taken up for consideration. Senator Borlaug moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2560), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Connolly Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. COMMITTEE REPORT WAYS AND MEANS Final Bill Action: HOUSE FILE 2538, a bill for an act relating to eligible housing businesses qualifying for incentives and assistance in enterprise zones, providing additional incentives and assistance for approved eligible businesses located in an enterprise zone, and requiring consideration of building codes and zoning. Recommendation: DO PASS. Final Vote: Ayes, 11: Douglas, McKibben, Palmer, Borlaug, Deluhery, Drake, Hedge, Maddox, Redfern, Szymoniak, and Vilsack. Nays, 1: Judge. Absent or not voting, 3: Connolly, Freeman, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2538. House File 2538 On motion of Senator Redfern, House File 2538, a bill for an act relating to eligible housing businesses qualifying for incentives and assistance in enterprise zones, providing additional incentives and assistance for approved eligible businesses located in an enterprise zone, and requiring consideration of building codes and zoning, with report of committee recommending passage, was taken up for consideration. Senator Douglas asked and received unanimous consent to withdraw amendment S-5616, filed by her on April 9, 1998, to pages 1 and 2 of the bill. Senator Bartz took the chair at 5:19 p.m. Senator Judge offered amendment S-5809, filed by her from the floor to pages 1 and 2 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5809 be adopted?" (H.F. 2538), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Bartz Black Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 27: Angelo Behn Boettger Borlaug Douglas Drake Freeman Gaskill Harper Hedge Iverson Jensen King Kramer Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Dearden Rife Amendment S-5809 lost. Senator Vilsack asked and received unanimous consent to withdraw amendment S-5810, filed by him from the floor to page 2 of the bill. Senator Redfern 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. 2538), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Borlaug Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 4: Connolly Judge Palmer Rittmer Absent or not voting, 1: Dearden 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 5:48 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:34 p.m., Senator Bartz presiding. CONFERENCE COMMITTEE REPORT RECEIVED (Senate File 2296) A conference committee report signed by the following Senate and House members was filed April 21, 1998, on 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: On the Part of the Senate: On the Part of the House: ALLEN BORLAUG, Chair STEVEN CHURCHILL, Chair PATRICK J. DELUHERY DAVID MILLAGE PATRICIA HARPER JAMES VAN FOSSEN DERRYL McLAREN NEAL SCHUERER CONFERENCE COMMITTEE REPORT ADOPTED Senate File 2296 Senator Borlaug called up the conference committee report on 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, and moved its adoption. A record roll call was requested. On the question "Shall the conference committee report be adopted?" (S.F. 2296), the vote was: Ayes, 48: 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 Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Dearden Dvorsky The motion prevailed, and the conference committee report and the recommendations and amendments contained therein was adopted. Senator Borlaug moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2296), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Gaskill Gettings Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 3: Fink Gronstal Harper Absent or not voting, 3: Dearden Palmer Redfern 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 2560, 2538, and Senate Files 2413 and 2296 be immediately messaged to the House. BUSINESS PENDING HOUSE AMENDMENT CONSIDERED Senate File 2381 The Senate resumed consideration of 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, and amendment S-5785 by Senators Borlaug, et al., to House amendment S-5740, previously deferred. Senator Angelo called up the following motion to reconsider Senate File 2381, filed by him from the floor, and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5793 to amendment S-5785 to House amendment S-5740 to Senate File 2381 was adopted by the Senate on April 21, 1998. JEFF ANGELO A record roll call was requested. On the question "Shall the motion to reconsider amendment S-5793 to amendment S-5785 to House amendment S-5740 be adopted?" (S.F. 2381) the vote was: Ayes, 26: Angelo Bartz Behn Boettger Borlaug Deluhery Drake Gaskill Hedge Horn Iverson Jensen King Kramer Lundby McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 22: Black Connolly Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Judge Kibbie Maddox McCoy McKean Neuhauser Palmer Szymoniak Vilsack Absent or not voting, 2: Dearden Douglas The motion prevailed and amendment S-5793 by Senators Vilsack, McCoy, and Connolly, to amendment S-5785 to House amendment S-5740, was taken up for reconsideration. Senator Vilsack moved the adoption of amendment S-5793 to amendment S-5785 to House amendment S-5740, and requested a record roll call. On the question "Shall amendment S-5793 to amendment S-5785 to House amendment S-5740 be adopted?" (S.F. 2381), the vote was: Ayes, 24: Black Boettger Connolly Douglas Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Harper Horn Judge Kibbie McCoy McKibben Neuhauser Palmer Szymoniak Vilsack Nays, 25: Angelo Bartz Behn Borlaug Deluhery Drake Gaskill Hedge Iverson Jensen King Kramer Lundby Maddox McKean McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Dearden Amendment S-5793 lost. Senator Hansen offered amendment S-5805, filed by him from the floor to amendment S-5785 to House amendment S-5740. Senator Hansen asked and received unanimous consent that action on amendment S-5805 be deferred. Senator Hansen asked and received unanimous consent to withdraw amendment S-5805 to amendment S-5785 to House amendment S-5740. Senator Hansen asked and received unanimous consent to withdraw amendment S-5787 to amendment S-5785 to House amendment S-5740, previously deferred. Senator Hansen asked and received unanimous consent to withdraw amendment S-5791, filed by him from the floor to amendment S-5785 to House amendment S-5740. Senator Deluhery asked and received unanimous consent to withdraw amendment S-5789, filed by Senators Deluhery and Borlaug from the floor to amendment S-5785 to House amendment S-5740. Senator Borlaug asked and received unanimous consent to withdraw amendment S-5785 to House amendment S-5740. Senator Boettger offered amendment S-5811, filed by her from the floor to pages 2 and 5 of House amendment S-5740. The Senate stood at ease at 7:59 p.m. until the fall of the gavel. The Senate resumed session at 8:07 p.m., Senator Bartz presiding. Senator Boettger moved the adoption of amendment S-5811. Amendment S-5811 was adopted by a voice vote. Senator Hansen asked and received unanimous consent to withdraw amendment S-5786, filed by him from the floor to pages 1, 2, and 5 of House amendment S-5740. The Senate stood at ease at 8:09 p.m. until the fall of the gavel. The Senate resumed session at 8:11 p.m., Senator Bartz presiding. Senator Iverson asked and received unanimous consent that action on House amendment S-5740 and Senate File 2381 be deferred. BUSINESS PENDING HOUSE AMENDMENT CONSIDERED Senate File 2332 The Senate resumed consideration of Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date, and House amendment S-5637, previously deferred. Senator Judge asked and received unanimous consent to withdraw the following amendments: S-5788 filed by her from the floor to House amendment S-5637; S-5794 filed by her from the floor to House amendment S-5637; S-5795 filed by her from the floor to House amendment S-5637; S-5797 filed by her from the floor to House amendment S-5637; S-5798 filed by her from the floor to House amendment S-5637; S-5799 filed by her from the floor to House amendment S-5637; S-5800 filed by her from the floor to House amendment S-5637; S-5801 filed by her from the floor to House amendment S-5637. Senator Judge offered amendment S-5796, filed by her from the floor to House amendment S-5637, and moved its adoption. Amendment S-5796 was adopted by a voice vote. Senator Gettings 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 Gettings 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. 2332), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Dearden Szymoniak 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 Szymoniak for the remainder of the day, on request of Senator Fraise; Senator McKean for the remainder of the day, on request of Senator Iverson. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2269 Senator Rensink called up for consideration House File 2269, a bill for an act relating to permissible physical contact between school employees and students, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5779 to Senate amendment H-9193 filed April 21, 1998. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Rensink 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. 2269), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Dearden McKean Szymoniak 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 8:31 p.m. until the fall of the gavel. The Senate resumed session at 8:34 p.m., Senator Bartz presiding. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 122, a resolution honoring Mr. Walt Saur upon his retirement as Chairperson of the Iowa Board of Parole. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Fink, Jensen, Judge, Kibbie, Lundby, Maddox, and Rehberg. Nays, none. Absent or not voting, 1: Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 122. Senate Resolution 122 On motion of Senator Dvorsky, Senate Resolution 122, a resolution honoring Mr. Walt Saur upon his retirement as chairperson of the Iowa Board of Parole, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky moved the adoption of Senate Resolution 122, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 124, a resolution relating to daily operations of the Senate. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Fink, Jensen, Judge, Kibbie, Lundby, Maddox, and Rehberg. Nays, none. Absent or not voting, 1: Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 124. Senate Resolution 124 On motion of Senator Iverson, Senate Resolution 124, a resolution relating to daily operations of the Senate, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 124, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 125, a resolution honoring Carol Emerson. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Fink, Jensen, Kibbie, Maddox, Redfern, and Rehberg. Nays, none. Absent or not voting, 2: Judge and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 125. Senate Resolution 125 On motion of Senator Kibbie, Senator Resolution 125, a resolution honoring Carol Emerson, with report of committee recommending passage, was taken up for consideration. Senator Kibbie moved the adoption of Senate Resolution 125, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 123, a resolution recognizing the positive contributions to the state from county implementation of a single entry point process for mental health, mental retardation, and developmental disabilities (MH/MR/DD) services known as the central point of coordination or "CPC" system. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Fink, Jensen, Kibbie, Maddox, Redfern, and Rehberg. Nays, none. Absent or not voting, 2: Judge and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Hedge asked and received unanimous consent to take up for consideration Senate Resolution 123. Senate Resolution 123 On motion of Senator Tinsman, Senate Resolution 123, a resolution recognizing the positive contributions to the state from county implementation of a single entry point process for mental health, mental retardation, and developmental disabilities (MH/MR/DD) services known as the central point of coordination or "CPC" system, with report of committee recommending passage, was taken up for consideration. Senator Tinsman offered amendment S-5803, filed by her from the floor to pages 1 and 2 of the resolution, and moved its adoption. Amendment S-5803 was adopted by a voice vote. Senator Tinsman moved the adoption of Senate Resolution 123, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 121, a resolution honoring Suzanne Johnson for her service to the General Assembly of Iowa. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Fink, Jensen, Judge, Kibbie, Lundby, Maddox, and Rehberg. Nays, none. Absent or not voting, 1: Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Hedge asked and received unanimous consent to take up for consideration Senate Resolution 121. Senate Resolution 121 On motion of Senator Tinsman, Senate Resolution 121, 1 SENATE RESOLUTION 121 2 BY KRAMER, IVERSON, TINSMAN, SZYMONIAK, and HAMMOND 3 A Senate Resolution honoring Suzanne Johnson for her 4 service to the General Assembly of Iowa. 5 WHEREAS, Suzanne Johnson grew up in Bettendorf with 6 her parents, Bill and Shirley, and came to the Iowa 7 General Assembly in the Fall of 1986 as a member of 8 the Senate Republican Caucus staff; and 9 WHEREAS, since that time Suzanne has staffed the 10 Human Services, State Government, Local Government, 11 and Transportation Committees, and the Human Services, 12 Health and Human Rights, and Administration 13 Appropriations Subcommittees; and 14 WHEREAS, Suzanne has not only served the members of 15 her own caucus but has demonstrated a commitment to 16 all members of the General Assembly, members of other 17 legislative staffs, and to the institution itself; and 18 WHEREAS, Suzanne has demonstrated her compassion 19 and penchant for fairness in her work with 20 constituents by completing at least 1,100 constituent 21 requests during her tenure; and 22 WHEREAS, her tenacity in finding the truth has 23 often resulted in extreme measures including one 24 incident in which Suzanne almost purchased a semi- 25 tractor trailer from a deceptive dad to assist an Iowa 26 family; and 27 WHEREAS, in addition to being a shining example of 28 quality staff to the General Assembly, Suzanne is also 29 a gracious, accomplished individual; a steadfast, 30 loyal friend; a kindhearted, humane champion of even Page 2 1 the smallest beings; and a fun-loving, daring trouper 2 who once demonstrated her intrepid spirit by 3 participating in the annual Harley ride in Davenport; 4 and 5 WHEREAS, Suzanne has performed her daily 6 responsibilities with grace, enthusiasm, integrity, 7 patience, understanding, determination, and genuine 8 caring; and 9 WHEREAS, Suzanne often finishes her days long after 10 the members of the General Assembly have ended theirs, 11 much to the distress of her pet cat Kylie Jo; and 12 WHEREAS, Suzanne always has a bright smile, a 13 twinkle in her eye, and a kind word for those she 14 meets; and 15 WHEREAS, the General Assembly and the state of Iowa 16 are better because Suzanne has graced them, but will 17 be less animated without her presence; NOW THEREFORE, 18 BE IT RESOLVED BY THE SENATE, That the Senate 19 wishes Suzanne Johnson the very best in all of her 20 future endeavors and in her life in South Dakota with 21 her husband-to-be, Larry; and 22 BE IT FURTHER RESOLVED, That the General Assembly 23 trusts that no matter where the future leads, 24 Suzanne's spirit will remain to energize others when 25 the nights are long, to make discussion thoughtful, 26 principled, and compassionate when the decision making 27 is difficult, and to make everyone smile when a smile 28 seems beyond reach, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved the adoption of Senate Resolution 121, which motion prevailed by a voice vote. HOUSE AMENDMENT CONSIDERED Senate File 2418 Senator Rife called up for consideration 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 date, amended by the House in House amendment S-5771 filed April 20, 1998. Senator Rife offered amendment S-5813, filed by him from the floor to pages 1, 2, and 6-8 of House amendment S-5771, and moved its adoption. Amendment S-5813 was adopted by a voice vote. Senator Neuhauser asked and received unanimous consent to withdraw amendment S-5815, filed by her from the floor to page 2 of House amendment S-5771. Senator Rife 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 Rife 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. 2418), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Borlaug Connolly Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gettings Gronstal Halvorson Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, 1: McCoy Absent or not voting, 2: Dearden Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 21, 1998, adopted the conference committee report and passed 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. ALSO: That the House has on April 21, 1998, concurred in the Senate amendment to the House amendment, and passed the following bill in which the concurrence of the House was asked: Senate File 2345, a bill for an act relating to juvenile justice system provisions involving foster care, termination of parental rights, and adoption preplacement investigations. APPENDIX REPORTS OF COMMITTEE MEETINGS RULES AND ADMINISTRATION Convened: April 21, 1998, 12:10 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Fink, Jensen, Kibbie, Maddox, and Rehberg. Members Absent: Judge, Lundby, and Redfern (all excused). Committee Business: Passed SR 121, SR 122, SR 123, SR 124, and SR 125. Recessed: 12:35 p.m. Reconvened: 4:10 p.m. Adjourned: 4:12 p.m. WAYS AND MEANS Convened: April 21, 1998, 11:40 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Deluhery, Drake, Hedge, Judge, Maddox, Redfern, Szymoniak, and Vilsack. Members Absent: Connolly, Freeman, and McLaren (all excused). Committee Business: Passed HF 2538 and HF 2560. Adjourned: 11:50 a.m. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5811 to Senate File 2381 was adopted by the Senate on April 21, 1998. TOM FLYNN AMENDMENTS FILED S-5786 S.F. 2381 Steven D. Hansen S-5787 S.F. 2381 Steven D. Hansen S-5788 S.F. 2332 Patty Judge S-5789 S.F. 2381 Patrick J. Deluhery Allen Borlaug S-5790 S.F. 2381 Steven D. Hansen S-5791 S.F. 2381 Steven D. Hansen S-5792 S.F. 2381 Johnie Hammond Robert E. Dvorsky S-5793 S.F. 2381 Tom Vilsack Matt McCoy Mike Connolly S-5794 S.F. 2332 Patty Judge S-5795 S.F. 2332 Patty Judge S-5796 S.F. 2332 Patty Judge S-5797 S.F. 2332 Patty Judge S-5798 S.F. 2332 Patty Judge S-5799 S.F. 2332 Patty Judge S-5800 S.F. 2332 Patty Judge S-5801 S.F. 2332 Patty Judge S-5802 H.F. 2395 Steven D. Hansen S-5803 S.R. 123 Maggie Tinsman S-5804 H.F. 2395 Steven D. Hansen S-5805 S.F. 2381 Steven D. Hansen S-5806 S.F. 2381 Jack Rife S-5807 S.F. 253 Stewart Iverson, Jr. S-5808 S.F. 2381 Jack Rife S-5809 H.F. 2538 Patty Judge S-5810 H.F. 2538 Tom Vilsack S-5811 S.F. 2381 Nancy Boettger S-5812 H.F. 2395 Derryl McLaren S-5813 S.F. 2418 Jack Rife S-5814 S.F. 2381 Wally E. Horn S-5815 S.F. 2418 Mary Neuhauser ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:38 p.m., until 9:00 a.m., Wednesday, April 22, 1998. 1442 JOURNAL OF THE SENATE 100th Day 100th Day TUESDAY, APRIL 21, 1998 1441
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