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FORTY-FIFTH CALENDAR DAY TWENTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 24, 1999 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by Pastor Scott J. Meador, of Epworth United Methodist Church, Dubuque, Iowa. The Journal of Tuesday, February 23, 1999, was approved. SPECIAL GUESTS President Kramer welcomed Alexandra Ling and Cathy Pierce who were present on the Senate floor. Ms. Ling and Ms. Pierce are visiting from England and were accompanied by Joe Ryan. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Files 183 and 185 be referred from the Regular Calendar to the committee on Ways and Means. INTRODUCTION OF BILLS Senate File 209, by committee on Judiciary, a bill for an act establishing a uniform standard for determination of death. Read first time and placed on calendar. Senate File 210, by committee on State Government, a bill for an act increasing the minimum daily pay for members of the Iowa national guard while in state active service. Read first time and placed on calendar. Senate File 211, by Jensen, a bill for an act relating to eligibility of certain disabled persons under the optional services coverage category of medical assistance. Read first time and referred to committee on Human Resources. Senate File 212, by Fraise, a bill for an act requesting the governor to issue annually a proclamation designating a "Bill of Rights Day". Read first time and referred to committee on State Government. RECESS On motion of Senator Iverson, the Senate recessed at 9:27 a.m., until 4:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 24, 1999, 9:50 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Presentation by ISU. Adjourned: 10:35 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 24, 1999, 9:45 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: None. Committee Business: Presentations by Workforce Training and Recruitment Programs. Adjourned: 10:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 24, 1999, 9:48 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member; and McKibben. Members Absent: Dearden. Committee Business: Presentation by Dept. of General Services. Discussion on Information Technology requests. Adjourned: 10:39 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 24, 1999, 9:55 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentations by DHS and LFB. Purchase of Service overview. Adjourned: 12:02 p.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 24, 1999, 9:50 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson and Shearer. Members Absent: None. Committee Business: Presentation by Dept. of Corrections. Adjourned: 11:00 a.m. EDUCATION Convened: February 24, 1999, 1:02 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Members Absent: None. Committee Business: Subcommittee assignments. Passed SF 40 and SF 69. Adjourned: 2:00 p.m. HUMAN RESOURCES Convened: February 24, 1999, 2:08 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: None. Committee Business: Approved SSB 1121. Amended and approved SSB 1130. Recommended governor's appointees for confirmation. Adjourned: 2:38 p.m. PETITIONS The following petitions were presented and placed on file by: Senator Connolly, from approximately one hundred residents of Dubuque County, favoring legislation supporting nurses to be maintained in operating rooms. Senator Schuerer, from twenty-five residents of Tama County, favoring legislation supporting a Fuel Quality Standard. GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee, assigned to standing committees for investigation, was placed on the En Bloc Calendar with recommendations for confirmation on February 23, 1999: SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Robert C. Bocken - Iowa Economic Development Board CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Josef Schwery, St. Charles - For achieving the rank of Eagle Scout. Senator Fink (02/18/99). STUDY BILLS RECEIVED SSB 1151 State Government Relating to the authority of cities and counties to adopt rent control ordinances. SSB 1152 Ways and Means Providing an exemption from the state sales and use taxes for certain equipment used in transporting telecommunications services. SSB 1153 State Government Relating to medical professionals in professional corporations. SSB 1154 State Government Relating to the student member of the state board of regents and providing a contingent effective date. SSB 1155 Human Resources Relating to health care facility enforcement procedures. SSB 1156 Human Resources Providing for conditional employment pending the outcome of background checks for health care facility employees. SSBS 1157 Education A Concurrent Resolution recognizing and endorsing Read Across America Day, and calling for the citizens of the State of Iowa to reaffirm the importance and the joy of reading. SUBCOMMITTEE ASSIGNMENTS Senate File 167 EDUCATION: Gaskill, Chair; Boettger and Harper Senate File 181 EDUCATION: Tinsman, Chair; Dvorsky and Veenstra Senate File 196 STATE GOVERNMENT: Sexton, Chair; Fink and Lundby Senate File 204 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 208 APPROPRIATIONS: McLaren, Chair; Flynn and Freeman SSB 1151 STATE GOVERNMENT: Maddox, Chair; King and Szymoniak SSB 1152 WAYS AND MEANS: Lamberti, Chair; Drake and Deluhery SSB 1153 STATE GOVERNMENT: Lamberti, Chair; Szymoniak and Sexton SSB 1154 STATE GOVERNMENT: McLaren, Chair; Kibbie and Lundby SSB 1155 HUMAN RESOURCES: Boettger, Chair; Harper and Veenstra SSB 1156 HUMAN RESOURCES: Boettger, Chair; Harper and Veenstra SSB 1157 EDUCATION: Committee as a whole COMMITTEE REPORTS JUDICIARY Final Bill Action: SENATE FILE 209 (Formerly SF 12), a bill for an act establishing a uniform standard for determination of death. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McKean, Lamberti, Angelo, Boettger, Dvorsky, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 2: Hansen and Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE FILE 214 (SSB 1083), a bill for an act relating to forestry and forest resource support, sale of trees and shrubs in the state nursery stock, and making appropriations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Kibbie, Miller, Rehberg, and Rife. Nays, 1: Johnson. 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 Natural Resources and Environment Committee on Senate File 214, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 210 (SSB 1056), a bill for an act increasing the minimum daily pay for members of the Iowa national guard while in state active service. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 213 (Formerly SF 3), a bill for an act setting the time for the closing of precinct polling places. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Rittmer, Lamberti, Drake, King, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, 5: Kibbie, Dearden, Deluhery, Fink, and Lundby. Present, 1: Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 4:38 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 39 present, 11 absent, and a quorum present. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on February 23, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 281, a bill for an act related to activities of bail enforcement agents that are exempt from state licensing requirements. Read first time and referred to committee on State Government. ALSO: That the House has on February 24, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 100, a bill for an act relating to the revocation or suspension of a law enforcement officer's certification. Read first time and referred to committee on State Government. House File 200, a bill for an act relating to motorcycle rider education plates for motor vehicles. Read first time and referred to committee on Transportation. House File 208, a bill for an act establishing a southern Iowa development and conservation authority, specifying membership, powers, and duties, creating a southern Iowa development and conservation fund, and providing for other properly related matters. Read first time and referred to committee on Natural Resources and Environment. House File 296, a bill for an act to restrict the posting of bond for the offense of felony stalking. Read first time and referred to committee on Judiciary. INTRODUCTION OF BILLS Senate File 213, by committee on State Government, a bill for an act setting the time for the closing of precinct polling places. Read first time and placed on calendar. Senate File 214, by committee on Natural Resources and Environment, a bill for an act relating to forestry and forest resource support, sale of trees and shrubs in the state nursery stock, and making appropriations. Read first time and placed on calendar. Senate File 215, by Flynn, a bill for an act relating to all-terrain vehicles used for hunting and fishing activities. Read first time and referred to committee on Natural Resources and Environment. Senate File 216, by committee on Judiciary, a bill for an act relating to the commitment of sexually violent predators, by changing the deadline for filing a petition by the attorney general; providing for waiver or continuance of the probable cause hearing; granting greater enforcement power to the prosecuting attorney; extending the time to hold a trial; establishing supervised release for sexually violent persons who have been rehabilitated; providing for the preservation of certain child abuse reports; and providing the department of justice with access to such reports. Read first time and placed on calendar. The Senate stood at ease at 4:44 p.m. until the fall of the gavel, for the purpose of party caucus. The Senate resumed session at 5:12 p.m., President Kramer presiding. CONSIDERATION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up Senate Joint Resolution 2, for purposes of a record roll call. Senate Joint Resolution 2 On motion of Senator Iverson, Senate Joint Resolution 2, a joint resolution relating to the designation of the Old State Historical Building as the Ola Babcock Miller State Office Building, was taken up for consideration. Senator Iverson moved the adoption of Senate Joint Resolution 2. The resolution was previously read for the last time and the title was agreed to. On the question "Shall the resolution be adopted?" (S.J.R. 2), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The resolution having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 137. Senate File 137 On motion of Senator Connolly, Senate File 137, a bill for an act relating to funding for the arts by providing an Iowa individual income tax check off for the arts, making an appropriation, and providing a retroactive applicability date, was taken up for consideration. Senator Connolly 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. 137), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 174, 151, 175, 146, and 149. Senate File 174 On motion of Senator Boettger, Senate File 174, a bill for an act changing a Code reference to the Iowa association of community providers and providing an effective date, was taken up for consideration. Senator Boettger offered amendment S-3020 filed by her from the floor to page 1 of the bill and moved its adoption. Amendment S-3020 was adopted by a voice vote. Senator Boettger moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 174), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 151 On motion of Senator Hammond, Senate File 151, a bill for an act relating to the selection of township trustees and township clerks, was taken up for consideration. Senator Hammond 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. 151), the vote was: Ayes, 27: Angelo Bartz Black Bolkcom Connolly Dearden Deluhery Fink Flynn Freeman Gronstal Hammond Hansen Harper Iverson Johnson Judge Kramer Lundby McCoy McKibben Rehberg Sexton Soukup Szymoniak Tinsman Zieman Nays, 23: Behn Boettger Drake Dvorsky Fraise Gaskill Hedge Horn Jensen Kibbie King Lamberti Maddox McKean McLaren Miller Redfern Redwine Rife Rittmer Schuerer Shearer Veenstra 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. Senate File 175 On motion of Senator McCoy, Senate File 175, a bill for an act providing for the display of flashing emergency signal lamps by motor vehicles in funeral processions, was taken up for consideration. Senator McCoy 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. 175), the vote was: Ayes, 48: Angelo Behn Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Bartz Black 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. Senate File 146 On motion of Senator Hansen, Senate File 146, a bill for an act relating to worker and public safety and protection laws administered by the labor services division of Iowa workforce development, was taken up for consideration. Senator Hansen 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. 146), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 149 On motion of Senator McKibben, Senate File 149, a bill for an act establishing a time limit for disallowance or reduction of motor vehicle warranty claims, relating to establishment of motor vehicle service or warranty facilities, and making a penalty applicable, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 149), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Joint Resolution 2 and Senate Files 137, 174, 151, 175, 146, and 149 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Hammond for the remainder of the day, on request of Senator Bolkcom. UNFINISHED BUSINESS (Deferred February 10, 1999) Senate File 52 The Senate resumed consideration of Senate File 52, a bill for an act establishing the new criminal offense of interference with a peace officer's service horse, and applying a penalty, and amendment S-3008 filed by Senator Hansen on February 10, 1999, to page 1 of the bill, previously deferred. Senator Hansen moved the adoption of amendment S-3008. A non-record roll call was requested. The ayes were 22, nays 25. Amendment S-3008 lost. 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?" (S.F. 52), the vote was: Ayes, 36: Angelo Bartz Behn Black Boettger Connolly Deluhery Drake Flynn Fraise Freeman Gaskill Gronstal Harper Hedge Iverson Jensen Judge Kibbie Kramer Lamberti Lundby McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Szymoniak Veenstra Zieman Nays, 12: Bolkcom Dearden Dvorsky Fink Hansen Horn Johnson King Maddox McLaren Shearer Tinsman Absent or not voting, 2: Hammond Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 150 and 173. Senate File 150 On motion of Senator Miller, Senate File 150, a bill for an act concerning judicial administration, was taken up for consideration. Senator Miller 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. 150), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Hammond Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 173 On motion of Senator Sexton, Senate File 173, a bill for an act relating to the description of disabilities of individuals receiving vocational rehabilitation services, was taken up for consideration. Senator Sexton 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. 173), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Hammond Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 176. Senate File 176 On motion of Johnson, Senate File 176, a bill for an act relating to the elimination of investment counseling as a taxable service under the state sales and use taxes, was taken up for consideration. Johnson 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. 176), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Drake Flynn Freeman Gaskill Harper Hedge Iverson Jensen Johnson Judge King Kramer Lamberti Maddox McKibben Miller Redfern Redwine Rehberg Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Fraise Gronstal Hansen Horn Kibbie Lundby McCoy McKean McLaren Rittmer Shearer Szymoniak Absent or not voting, 2: Hammond Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 189 and 193.. Senate File 189 On motion of Senator Lamberti, Senate File 189, a bill for an act to change the penalty for and to reclassify certain misdemeanors, was taken up for consideration. Senator Lamberti offered amendment S-3019 filed by him from the floor to page 3 of the bill and moved its adoption. Amendment S-3019 was adopted by a voice vote. Senator Lamberti 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. 189), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Hammond Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 193 On motion of Senator Maddox, Senate File 193, a bill for an act relating to the duties of a guardian ad litem appointed to represent a child in juvenile court proceedings, was taken up for consideration. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 193), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Hammond Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 52, 150, 173, 176, 189 and 193 be immediately messaged to the House. CONFIRMATION OF GOVERNOR'S APPOINTMENTS In accordance with Senate Rule 59, Senator Iverson called up the following eligible appointees on the En Bloc Confirmation Calendar: Daniel Rhodes Hunter, Director of the Department of Cultural Affairs Marie L. Grabenbauer, Board of Educational Examiners Dr. Robert D. Koob, Iowa Empowerment Board Jennifer L. Lightbody, Iowa Empowerment Board Cheryle W. Mitvalsky, Iowa Empowerment Board Matthew J. Mohrfeld, Iowa Empowerment Board W. Fletcher Reel, Iowa Empowerment Board Clark A. Smith, Iowa Empowerment Board Nancy S. Van Milligan, Iowa Empowerment Board Eldon E. Huston, Healthy and Well Kids in Iowa (HAWK-I) Board David W. Krutzfeldt, Healthy and Well Kids in Iowa (HAWK-I) Board Nancy B. Mounts, Healthy and Well Kids in Iowa (HAWK-I) Board Darlene Marie Jeris, Executive Director of Iowa Finance Authority Robert H. Furleigh, State Judicial Nominating Commission Jacklyn Van Ekeren Romp, Board of Parole Sarah A. Falb, Iowa Workforce Development Board Daniel A. Purcell, Iowa Workforce Development Board Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Hammond Rife The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. INTRODUCTION OF BILLS Senate File 217, by Bolkcom, a bill for an act requiring Iowa national pollutant discharge elimination system permit holders to post signs at discharge points and providing a penalty. Read first time and referred to committee on Natural Resources and Environment. Senate File 218, by Angelo, a bill for an act relating to reflective devices on slow-moving vehicles. Read first time and referred to committee on Transportation. Senate File 219, by Connolly, a bill for an act relating to the local option sales tax for school infrastructure, and including an effective date and retroactive applicability provision. Read first time and referred to committee on Ways and Means. Senate File 220, by Johnson, a bill for an act prohibiting the sale or distribution of purple loosestrife. Read first time and referred to committee on Natural Resources and Environment. Senate File 221, by committee on Human Resources, a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts. Read first time and placed on calendar. Senate File 222, by Tinsman, a bill for an act relating to regulation of needles and providing penalties. Read first time and referred to committee on Human Resources. Senate File 223, by Rehberg, a bill for an act relating to a bona fide retirement under the Iowa public employees' retirement system. Read first time and referred to committee on State Government. Senate File 224, by committee on Commerce, a bill for an act relating to proceedings before the utilities board and the provision of competitive utility services by allocating costs incurred by the utilities board and the office of consumer advocate to certain persons in certain proceedings related to providing competitive utility services, and by providing for the certification of competitive natural gas providers and aggregators, and providing an effective date. Read first time and placed on calendar. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 24, 1999, 9:45 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; Fraise and McKean. Members Absent: None. Committee Business: Community-based corrections programming. Adjourned: 11:00 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 24, 1999, 9:45 a.m. Members Present: King, Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: Lundby, Vice Chair. Committee Business: Detailed ICN background and budget presentation. Adjourned: 11:25 a.m. COMMERCE Convened: February 24, 1999, 3:02 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: None. Committee Business: Approved SSBs 1068, 1086, and 1140. Amended and approved SSB 1139. Adjourned: 3:28 p.m. ETHICS Convened: February 24, 1999, 3:10 p.m. Members Present: Hedge, Chair; Drake, Vice Chair; Szymoniak, Ranking Member; Connolly, Hammond, and McKean. Members Absent: None. Committee Business: Discussion on "Center for Public Integrity Ethics" report. Adjourned: 3:30 p.m. WAYS AND MEANS Convened: February 24, 1999, 4:02 p.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Members Absent: McLaren (excused). Committee Business: Approved SSB 1042. Amended and passed SF 155. Adjourned: 4:17 p.m. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Denis Roy, West Des Moines - For service to Iowa citizens. Senator Kramer (02/25/99). COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 224 (SSB 1140), a bill for an act relating to proceedings before the utilities board and the provision of competitive utility services by allocating costs incurred by the utilities board and the office of consumer advocate to certain persons in certain proceedings related to providing competitive utility services, and by providing for the certification of competitive natural gas providers and aggregators, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: SENATE FILE 221 (SSB 1121), a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: *SENATE FILE 216 (SSB 1075), a bill for an act relating to the commitment of sexually violent predators, by changing the deadline for filing a petition by the attorney general; providing for waiver or continuance of the probable cause hearing; granting greater enforcement power to the prosecuting attorney; extending the time to hold a trial; establishing supervised release for sexually violent persons who have been rehabilitated; providing for the preservation of certain child abuse reports; and providing the department of justice with access to such reports. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McKean, Lamberti, Angelo, Boettger, Dvorsky, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 2: Hansen and Fraise. 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 Judiciary Committee on Senate File 216, and they were attached to the committee report. AMENDMENTS FILED S-3019 S.F. 189 Jeff Lamberti S-3020 S.F. 174 Nancy J. Boettger ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:06 p.m., until 9:00 a.m., Thursday, February 25, 1999. 372 JOURNAL OF THE SENATE 45th Day 45th Day WEDNESDAY, FEBRUARY 24, 1999 373
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