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Senate Journal: Wednesday, February 24, 1999

  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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