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FIFTY-FIRST CALENDAR DAY THIRTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 2, 1999 The Senate met in regular session at 9:11 a.m., President Kramer presiding. Prayer was offered by the Honorable Maggie Tinsman, member of the Senate from Scott County, Davenport, Iowa. The Journal of Monday, March 1, 1999, was approved. HOUSE MESSAGES RECEIVED The followings message were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 1, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 310, a bill for an act relating to the licensure or regulation of alarm system, bail enforcement, private investigative, or private security businesses, and providing a penalty and an effective date. Read first time and referred to committee on State Government. House File 312, a bill for an act relating to regulation of the grain industry and providing for civil penalties. Read first time and referred to committee on Agriculture. House File 345, a bill for an act relating to permissible fees to be charged for maintaining a demand deposit account with a line of credit. Read first time and referred to committee on Commerce. House File 347, a bill for an act relating to rulemaking duties of the department of natural resources regarding baled solid waste. Read first time and referred to committee on Natural Resources and Environment. ALSO: That the House has on March 2, 1999, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 11, 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. SPECIAL GUEST Senator Iverson welcomed the Honorable John Soorholtz, former member of the Senate from Marshall County, Melbourne, Iowa. ADOPTION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 7. Senate Concurrent Resolution 7 On motion of Senator Redfern, Senate Concurrent Resolution 7, a 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, was taken up for consideration. Senator Redfern asked and received unanimous consent that House Concurrent Resolution 11 be substituted for Senate Concurrent Resolution 7. House Concurrent Resolution 11 On motion of Senator Redfern, House Concurrent Resolution 11, 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, was taken up for consideration. Senator Redfern moved the adoption of House Concurrent Resolution 11, which motion prevailed by a voice vote and the resolution was adopted. WITHDRAWN Senator Redfern asked and received unanimous consent that Senate Concurrent Resolution 7 be withdrawn from further consideration of the Senate. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 214 be referred from the Regular Calendar to the committee on Appropriations. RECESS On motion of Senator Iverson, the Senate recessed at 10:31 a.m., until 4:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: March 2, 1999, 10:25 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: FTEs. Adjourned: 11:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: March 2, 1999, 10:00 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Presentation by DNR. Adjourned: 11:20 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: March 2, 1999, 9:50 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; Kibbie and McLaren. Members Absent: None. Committee Business: Discussion of line items in the Education Appropriations Budget. Recessed: 10:01 a.m. Reconvened: 10:25 a.m. Adjourned: 11:35 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: March 2, 1999, 9:55 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member; and McKibben. Members Absent: Dearden (excused). Committee Business: Discussion of subcommittee appropriations and proposed bill. Adjourned: 10:17 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: March 2, 1999, 10:05 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Discussion on policy language for FY 2000. Adjourned: 12:10 p.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: March 2, 1999, 9:55 a.m. Members Present: King, Chair; Lundby, Vice Chair; and Harper. Members Absent: Rittmer and Deluhery, Ranking Member (excused). Committee Business: Budget and policy discussion and decision making on the oversight presentations for the committee. Adjourned: 11:10 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: March 2, 1999, 9:55 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; and Shearer. Members Absent: Johnson (excused). Committee Business: Presentations by Dept. of Management and Dept. of Education. Approved SSB 1150. Adjourned: 11:22 a.m. AGRICULTURE Convened: March 2, 1999, 8:04 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Behn, Hedge, Kibbie, Sexton, Shearer, Soukup, Judge, Veenstra, and Zieman. Members Absent: Black (excused). Committee Business: Presentations by Hy-Vee, Inc. Adjourned: 8:58 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 2, 1999, 1:04 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Freeman, Gaskill, Kibbie, Miller, and Rehberg. Members Absent: Deluhery, Drake, Johnson, and Rife (all excused). Committee Business: Substituted HF 208 for SF 148 and passed HF 208. Adjourned: 1:15 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Iowa City-City High School Little Hawk Wrestling Team, Coach Brad Smith - For winning the Class III A Championship. Senator Dvorsky (03/02/99). Lee D. Nauman, Anamosa - For achieving the rank of Eagle Scout. Senator McKean (03/02/99). STUDY BILLS RECEIVED SSB 1166 Judiciary Prohibiting the mistreatment of animals and providing for penalties. SSB 1167 Local Government Imposing moratoria on annexation by a city and on certain development actions by counties and providing an effective date. SSB 1168 Local Government Relating to the purchase of certain parcels with delinquent taxes by a city, county, or the Iowa finance authority, and providing effective and applicability dates. SSB 1169 Judiciary Prohibiting the loaning of money for gambling purposes through a credit card or an electronic or mechanical device at a licensed gambling facility. SSB 1170 Local Government Relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability. SSB 1171 Appropriations Making a supplemental appropriation for the fiscal year beginning July 1, 1998, for replacement of certain embedded chips in the technology and equipment of state departments and providing an effective date. SSB 1172 Judiciary Relating to the department of corrections by providing for purchases from Iowa prison industries, the establishment of reserve peace officers by judicial district departments of correctional services, the applicability of occupational health and safety provisions to inmate workers, the establishment of a criminal offense for attempts to escape, the crediting of time served by inmates, inmate work program agreements, the revolving farm fund, and deductions from inmate work program earnings, and making penalties applicable. SSB 1173 Human Resources Relating to grandparents and great-grandparent visitation rights. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 5 STATE GOVERNMENT: Drake, Chair; Kibbie and Lundby Senate Concurrent Resolution 6 STATE GOVERNMENT: Drake, Chair; Kibbie and Lundby Senate File 166 APPROPRIATIONS: Lamberti, Chair; Jensen and Soukup Senate File 243 JUDICIARY: Maddox, Chair; Fraise and McKean Senate File 250 JUDICIARY: Redfern, Chair; Boettger and Hansen Senate File 256 JUDICIARY: McKean, Chair; Dvorsky and Lamberti Senate File 258 JUDICIARY: Miller, Chair; Dvorsky and Redfern Senate File 259 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Kibbie and King House File 296 JUDICIARY: Tinsman, Chair; Angelo and Dvorsky House File 310 STATE GOVERNMENT: Lamberti, Chair; Fink and Sexton SSB 1166 JUDICIARY: Miller, Chair; Dvorsky and Redfern SSB 1167 LOCAL GOVERNMENT: Angelo, Chair; Fraise and McKean SSB 1168 LOCAL GOVERNMENT: Judge, Chair; Gaskill and Zieman SSB 1169 JUDICIARY: McKean, Chair; Hammond and Redfern SSB 1170 LOCAL GOVERNMENT: Angelo, Chair; Bartz, Rife, Judge, and McCoy SSB 1171 APPROPRIATIONS: King, Chair; Jensen and Deluhery SSB 1172 JUDICIARY: Angelo, Chair; Maddox and Fraise SSB 1173 HUMAN RESOURCES: Miller, Chair; Boettger and Dvorsky COMMITTEE REPORTS EDUCATION Final Bill Action: *SENATE FILE 266 (Formerly SF 140), a bill for an act providing for an increase in the community college facilities levy. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redfern, Angelo, Boettger, Fink, Gaskill, Harper, Redwine, Sexton, Szymoniak, Tinsman, and Veenstra. Nays, 3: Rehberg, Connolly, and Shearer. Absent or not voting, 1: Dvorsky. 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 Education Committee on Senate File 266, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 263 (Formerly SF 143), a bill for an act relating to the issuance of a hunter safety and ethics certificate to certain honorably discharged military veterans. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Rehberg, and Rife. Nays, none. Absent or not voting, 1: Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 264 (Formerly SF 124), a bill for an act relating to the regulatory authority of the natural resource commission on the Sac and Fox tribe of the Mississippi in Iowa settlement in Tama county. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Freeman, Gaskill, Johnson, Kibbie, Rehberg, and Rife. Nays, 1: Drake. Absent or not voting, 1: Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 265 (Formerly SF 77), a bill for an act relating to the taking of muskrats by colony trap. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Bartz, King, Fink, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Rehberg, and Rife. Nays, 2: Black and Bolkcom. Absent or not voting, 1: Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3027 S.F. 203 Mike Sexton S-3028 S.F. 203 Merlin E. Bartz S-3029 S.F. 203 Merlin E. Bartz S-3030 S.F. 203 Jeff Lamberti S-3031 S.F. 216 Jeff Angelo S-3032 S.F. 8 Gene Maddox AFTERNOON SESSION The Senate reconvened at 4:43 p.m., President Kramer presiding. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolution 11 be immediately messaged to the House. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 46 present, 4 absent, and a quorum present. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Johnson for the remainder of the day, on request of Senator Iverson. 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: Dr. Richard M. Reay, Board of Dental Examiners George M. Price, Board of Dietetic Examiners Robert C. Bocken, Iowa Economic Development Board Judith Anne Conlin, Director of the Department of Elder Affairs John R. Krogh, Iowa Emergency Response Commission Edwin J. Hershberger, Iowa Grain Indemnity Fund Board Michael J. Wolnerman, Board for the Licensing and Regulation of Hearing Aid Dealers Thomas D. Whitson, Investment Board of the IPERS Jill M. Kochel, Board of Examiners for Massage Therapy Lois A. Leytem, Board of Examiners for Massage Therapy Gloria J. Pezzetti, Board of Examiners for Massage Therapy E. Howard Sonksen, Board of Examiners for Massage Therapy Ralph R. Stephens, Board of Examiners for Massage Therapy Dr. Kim T. Lozier, Board of Podiatry Examiners Dr. Kyle F. Whitten, Board of Podiatry Examiners James L. Yeast, Board of Social Work Examiners Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" 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 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, 1: Johnson The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he returns, on request of President Kramer. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 248, 8, 160, 209, and 68. Senate File 248 On motion of Senator Redwine, Senate File 248, a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal, was taken up for consideration. Senator Redwine offered amendment S-3024 filed by him on March 1, 1999, to pages 14 and 15 of the bill and moved its adoption. Amendment S-3024 was adopted by a voice vote. Senator Redwine 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. 248), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Johnson McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 8 On motion of Senator Maddox, Senate File 8, a bill for an act relating to coverage under a policy or contract providing for third- party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes, with report of committee recommending passage, was taken up for consideration. Senator Maddox offered amendment S-3022 filed by Senators Maddox, Jensen, and Deluhery on February 25, 1999, striking everything after the enacting clause of the bill. Senator Maddox offered amendment S-3032 filed by him from the floor to amendment S-3022 and moved its adoption. Amendment S-3032 was adopted by a voice vote. Senator Maddox moved adoption of amendment S-3022. Amendment S-3022, as amended was adopted by a voice vote. 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. 8), the vote was: Ayes, 45: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 4: Behn King Redwine Sexton Absent or not voting, 1: Johnson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 160 On motion of Senator Rehberg, Senate File 160, a bill for an act relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date, was taken up for consideration. Senator Rehberg offered amendment S-3023 filed by her on February 25, 1999, to pages 6, 13, 20, and 21 of the bill and moved its adoption. Amendment S-3023 was adopted by a voice vote. Senator Rehberg moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 160), 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 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, 1: Johnson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 209 On motion of Senator McKibben, Senate File 209, a bill for an act establishing a uniform standard for determination of death, 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. 209), 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 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, 1: Johnson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 68 On motion of Senator Lundby, Senate File 68, a bill for an act relating to counties included in the mid-America port commission, with report of committee recommending passage, was taken up for consideration. Senator Lundby 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. 68), 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 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, 1: Johnson 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 248, 8, 160, 209, and 68 be immediately messaged to the House. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of Diann Wilder- Tomlinson, as Director of the Iowa State Civil Rights Commission, placed on the Individual Confirmation Calendar on February 16, 1999, and found on page 313 of the Senate Journal. Senator McKean moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee by confirmed?" 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 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, 1: Johnson The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. President pro tempore Redfern took the chair at 5:35 p.m. Senator Iverson called up the appointment of Kevin W. Techau, as Director of the Department of Inspections and Appeals, placed on the Individual Confirmation Calendar on February 23, 1999, and found on page 371 of the Senate Journal. Senator Szymoniak moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee by confirmed?" 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 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, 1: Johnson The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of E.A. "Penny" Westfall, as Commissioner of Public Safety, placed on the Individual Confirmation Calendar on February 15, 1999, and found on page 303 of the Senate Journal. Senator Drake moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee by confirmed?" 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 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, 1: Johnson The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 216 and 233. Senate File 216 On motion of Senator Angelo, Senate File 216, 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, was taken up for consideration. Senator Angelo offered amendment S-3031 filed by him from the floor to pages 1, 3 and 4 of the bill and moved its adoption. Amendment S-3031 was adopted by a voice vote. Senator Angelo 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. 216), 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 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, 1: Johnson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 233 On motion of Senator Jensen, Senate File 233, a bill for an act relating to the preservation of records held by financial institutions, was taken up for consideration. Senator Jensen 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. 233), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: McKean Absent or not voting, 1: Johnson 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 216 and 233 be immediately messaged to the House. BILL RETURNED TO CALENDAR Senator Iverson asked and received unanimous consent that Senate File 214 be returned from the committee on Appropriations to the Regular 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 March 1, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 331, a bill for an act relating to transfers of structured settlement payment rights for tort and workers' compensation claims, providing civil remedies, and an applicability date. Read first time and referred to committee on Commerce. ALSO: That the House has on March 2, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 313, a bill for an act creating the new criminal offense of disarming a peace officer of a dangerous weapon. Read first time and referred to committee on Judiciary. House File 330, a bill for an act relating to the supervisory authority of the state banking division with regard to bank holding company acquisitions and the ability of state banks to make loans to any one person(Companion to Senate File 229). House File 332, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Read first time and referred to committee on Appropriations. House File 349, a bill for an act eliminating requirements relating to the department of natural resources adopting rules requiring public water systems to test source water. Read first time and referred to committee on Natural Resources and Environment. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: March 2, 1999, 4:10 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, King, Lamberti, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Members Absent: Johnson and Maddox (both excused). Committee Business: Approved SSB 1144. Passed SFs 210 and 232. Adjourned: 4:35 p.m. JUDICIARY Convened: March 2, 1999, 3:10 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Members Absent: None. Committee Business: Approved SSB 1110. Passed HFs 164 and 222. Adjourned: 4:05 p.m. LOCAL GOVERNMENT Convened: March 2, 1999, 2:19 p.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Fraise, Gaskill, Hammond, McKibben, Miller, Judge, and Zieman. Members Absent: McCoy, McKean, and Rife (all excused). Committee Business: Subcommittee assignments. Adjourned: 2:23 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: March 2, 1999, 1:05 p.m. Members Present: Lundby, Chair; Behn, Vice Chair; Shearer, Ranking Member; Boettger, Flynn, Rittmer, Sexton, Soukup, Tinsman, Judge, Veenstra, and Zieman. Members Absent: Hansen (excused). Committee Business: Approved SSBs 1063, 1081, 1097, and 1098. Presentation on the West Carlisle situation. Adjourned: 2:10 p.m. STATE GOVERNMENT Convened: March 2, 1999, 2:20 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Members Absent: Deluhery and McLaren (both excused). Committee Business: Recommended governor's appointee for confirmation. Approved SCRs 5 and 6. Approved SSBs 1007, 1112, and 1129. Passed SFs 35, 120, and 145. Adjourned: 3:10 p.m. INTRODUCTION OF RESOLUTIONS Senate Joint Resolution 6, by committee on Natural Resources and Environment, a joint resolution nullifying amendments to an administrative rule of the department of natural resources eliminating the open season for the commercial harvesting of washboard mussels and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate Joint Resolution 7, a joint resolution proposing an amendment to the Constitution of the State of Iowa removing the privilege from arrest for members of the general assembly. Read first time under Rule 28 and referred to committee on State Government. INTRODUCTION OF BILLS Senate File 263, by committee on Natural Resources and Environment, a bill for an act relating to the issuance of a hunter safety and ethics certificate to certain honorably discharged military veterans. Read first time under Rule 28 and placed on calendar. Senate File 264, by committee on Natural Resources and Environment, a bill for an act relating to the regulatory authority of the natural resource commission on the Sac and Fox tribe of the Mississippi in Iowa settlement in Tama county. Read first time under Rule 28 and placed on calendar. Senate File 265, by committee on Natural Resources and Environment, a bill for an act relating to the taking of muskrats by colony trap. Read first time under Rule 28 and placed on calendar. Senate File 266, by committee on Education, a bill for an act providing for an increase in the community college facilities levy. Read first time under Rule 28 and placed on calendar. Senate File 267, by Kibbie, Fink, Connolly, Gronstal, Deluhery, Horn, Black, and Dvorsky, a bill for an act creating an Iowa school district revolving loan fund program and providing an exemption from state taxation. Read first time under Rule 28 and referred to committee on Education. Senate File 268, by Hammond, Dvorsky, Harper, Connolly, Bolkcom, and Redfern, a bill for an act exempting the sales of textbooks from the state sales and use taxes. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 269, by Rehberg, Fraise, Kibbie, and Jensen, a bill for an act relating to emergency programs to support livestock producers, providing appropriations, and providing an effective date. Read first time under Rule 28 and referred to committee on Agriculture. Senate File 270, by Lamberti, a bill for an act to establish a home campus program for juvenile delinquents fund, providing for the imposition of a home campus program for juvenile delinquents surcharge, and requesting a study of juvenile programming. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 271, by Schuerer, a bill for an act making an appropriation from the rebuild Iowa infrastructure fund to the department of general services for projects at the Toledo juvenile home. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 272, by Boettger, a bill for an act increasing civil penalties assessed for violations by commercial applicators of pesticides. Read first time under Rule 28 and referred to committee on Agriculture. Senate File 273, by Flynn and Rehberg, a bill for an act relating to child care provisions administered by the department of human services and to the terminology used to describe child care, and including an effective date and applicability provision. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 274, by King, Boettger, Redwine, Rittmer, Redfern, Angelo, Johnson, Freeman, Kibbie, Dearden, Gaskill, Lundby, Miller, Hedge, Hansen, Gronstal, Shearer, Harper, Connolly, Deluhery, Soukup, Bolkcom, Fraise, Black, Dvorsky, Sexton, Hammond, McCoy, Fink and McLaren, a bill for an act creating a loess hills preservation and development alliance, providing for its membership, powers and duties, and providing for other properly related matters. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 275, by committee on Human Resources, a bill for an act relating to services for children by requiring the department of human services to establish certification or licensing standards for children's centers. Read first time under Rule 28 and placed on calendar. Senate File 276, by committee on Human Resources, a bill for an act relating to health care service and treatment coverage by providing for continuity of care, discussion and advocacy of treatment options, coverage of emergency room services, utilization review requirements, and an external review process. Read first time under Rule 28 and placed on calendar. Senate File 277, by committee on State Government, a bill for an act relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner. Read first time under Rule 28 and placed on calendar. Senate File 278, by committee on State Government, a bill for an act relating to hospital license fees and creating a hospital education fund. Read first time under Rule 28 and placed on calendar. COMPANION BILL RECEIVED On March 2, 1999, House File 330 was received and attached to companion Senate File 229 on the Senate calendar. SUBCOMMITTEE ASSIGNMENT Senate File 222 HUMAN RESOURCES: Redwine, Chair; Boettger and Dvorsky COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 210, a bill for an act increasing the minimum daily pay for members of the Iowa national guard while in state active service. Recommendation: DO PASS. Final Vote: Ayes, 22: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, King, Lamberti, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 3: Deluhery, Johnson, and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 232 (Formerly SF 40), a bill for an act relating to the establishment of a beginning teacher induction program and making an appropriation. Recommendation: DO PASS. Final Vote: Ayes, 23: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, King, Lamberti, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2:, Johnson and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: *SENATE FILE 275 (Formerly SF 177), a bill for an act relating to services for children by requiring the department of human services to establish certification or licensing standards for children's centers. 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: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 275, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 276 (SSB 1161), a bill for an act relating to health care service and treatment coverage by providing for continuity of care, discussion and advocacy of treatment options, coverage of emergency room services, utilization review requirements, and an external review process. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Present, 1: Tinsman. 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 Human Resources Committee on Senate File 276, and they were attached to the committee report. JUDICIARY Final Bill Action: HOUSE FILE 222, a bill for an act relating to crime victim rights. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Lamberti. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 164, a bill for an act concerning the open meetings statute by permitting the awarding of appellate attorney fees for a successful action involving the statute. Recommendation: DO PASS. Final Vote: Ayes, 12: Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond, McKean, McKibben, Miller, Rife, Judge, and Zieman. Nays, none. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE JOINT RESOLUTION 6 (SSB 1062), a bill for a joint resolution nullifying amendments to an administrative rule of the department of natural resources eliminating the open season for the commercial harvesting of washboard mussels and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Bartz, King, Freeman, Johnson, Kibbie, Miller, and Rehberg. Nays, 6: Fink, Black, Bolkcom, Dearden, Deluhery, and Gaskill. Absent or not voting, 2: Drake and Rife. 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 Joint Resolution 6, and they were attached to the committee report. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Bartz, King, Fink, Black, Bolkcom, Dearden, Freeman, Gaskill, Kibbie, Miller, and Rehberg. Nays, none. Absent or not voting, 4: Deluhery, Drake, Johnson, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 5, a senate concurrent resolution relating to a biennial memorial session. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Lamberti, Kibbie, Dearden, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 3: Connolly, Deluhery, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 6, a senate concurrent resolution relating to Pioneer Lawmakers. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Lamberti, Kibbie, Dearden, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 3: Connolly, Deluhery, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 120, a bill for an act relating to televising proceedings of the Iowa general assembly and providing funding. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Drake, Fink, King, Lundby, Maddox, Sexton, and Szymoniak. Nays, 1: Schuerer. Absent or not voting, 2: Deluhery and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 277 (SSB 1007), a bill for an act relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 2: Deluhery and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 278 (SSB 1129), a bill for an act relating to hospital license fees and creating a hospital education fund. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rittmer, Kibbie, Connolly, Dearden, Drake, Fink, King, Lundby, Maddox, Sexton, Szymoniak. Nays, 2: Lamberti and Schuerer. Absent or not voting, 2: Deluhery and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3033 S.F. 224 Tom Flynn John W. Jensen S-3034 S.F. 232 Jeff Angelo ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:02 p.m., until 9:00 a.m., Wednesday, March 3, 1999. 438 JOURNAL OF THE SENATE 51st Day 51st Day TUESDAY, MARCH 2, 1999 437
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