Senate Journal: Wednesday, March 3, 1999

  FIFTY-SECOND CALENDAR DAY
  THIRTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 3, 1999

  The Senate met in regular session at 9:02 a.m., President pro
  tempore Redfern presiding.

  Prayer was offered by Reverend Roy Nilsen, of St. John's Lutheran
  Church, Des Moines, Iowa.

  The Journal of Tuesday, March 2, 1999, was approved.

  INTRODUCTION OF GUESTS

  Senator Boettger introduced the following state officers and
  sponsors of the Future Homemakers of America:  Emily Kinser, State
  Vice-President; Staci Friedman, State Family First Chair; Michael
  Halloran, State Parliamentarian/Historian, National Officer
  candidate; Sponsor Paulette Madson; Sponsor Mary Rushton; and
  Sponsor Maxine Freeman.

  HOUSE MESSAGE RECEIVED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on March 3, 1999, passed the following bill in which the
  concurrence of
  the Senate is asked:

  House File 224, a bill for an act relating to qualifications of
  commissioners for a city, county, or joint memorial hospital.

  Read first time and referred to committee on State Government.
  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:54 a.m.,
  until 4:30 p.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  March 3, 1999, 10:08 a.m.

  Members Present:  Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member;
  Flynn and Sexton.

  Members Absent:  None.

  Committee Business:  Discussion of proposed amendments to committee bill.

  Adjourned:  10:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  March 3, 1999, 10:05 a.m.

  Members Present:  Behn, Chair; Hedge, Vice Chair; Black, Ranking Member;
  Fink
  and Gaskill.

  Members Absent:  None.

  Committee Business:  Continued budget discussion.

  Adjourned:  11:25 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  March 3, 1999, 10:00 a.m.

  Members Present:  Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member;
  Dearden and McKibben.

  Members Absent:  None.

  Committee Business:  Discussion of rankings of technology initiatives.

  Adjourned:  10:20 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  March 3, 1999, 10:09 a.m.

  Members Present:  Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking
  Member; Miller and Szymoniak.
  Members Absent:  None.

  Committee Business:  Discussion on proposed language for the appropriations
  bill.

  Adjourned:  12:02 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  March 3, 1999, 10:00 a.m.

  Members Present:  King, Chair; Lundby, Vice Chair; and Harper.

  Members Absent:  Rittmer and Deluhery, Ranking Member (excused).

  Committee Business:  Discussion on budget and policy decisions pertaining to
  technology.

  Adjourned:  10:50 a.m.

  EDUCATION

  Convened:  March 3, 1999, 1:04 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer,
  Tinsman,
  and Veenstra.

  Members Absent:  Szymoniak (excused).

  Committee Business:  Approved SSB 1070.  Subcommittee assignment.

  Adjourned:  1:14 p.m.


  GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR

  The following appointee, assigned to standing committee for investigation,
  was
  placed on the En Bloc Calendar with recommendation for confirmation on March
  2,
  1999:

  STATE GOVERNMENT

  Janet A. Gentle - Board of Examiners for Massage Therapy

  INTRODUCTION OF BILLS

  Senate File 279, by Redwine, a bill for an act relating to vehicles
  driven on divided, multilaned highways, requiring the department of
  transportation to post signs, and applying a penalty.
  Read first time under Rule 28 and referred to committee on
  Transportation.

  Senate File 280, by committee on Small Business, Economic
  Development and Tourism, a bill for an act providing for investments
  by banks and certain insurance companies in Iowa agricultural
  industry finance corporations.

  Read first time under Rule 28 and placed on calendar.

  Senate File 281, by committee on Small Business, Economic
  Development and Tourism, a bill for an act concerning the workforce
  development department, by providing for the establishment of a
  workforce development corporation, expenses for members of the
  regional advisory board to the workforce development board,
  authority to charge fees for certain services of the department, and
  Iowa conservation corps employee rights.

  Read first time under Rule 28 and placed on calendar.

  Senate File 282, by committee on State Government, a bill for an
  act relating to practices and procedures of the department of general
  services, regulating state purchasing of recycled paper, modifying an
  appropriation to the department, and providing an effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 283, by committee on Appropriations, a bill for an act
  appropriating federal funds made available from federal block grants
  and other federal grants, allocating portions of federal block grants,
  and providing procedures if federal funds are more or less than
  anticipated or if federal block grants are more or less than
  anticipated.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  Senate File 284, by committee on Human Resources, a bill for an
  act providing for the liability of a person with supervisory or other
  administrative responsibilities over an individual who the person
  knew or was informed committed sexual abuse of a child.
  Read first time under Rule 28 and placed on calendar.

  Senate File 285, by committee on State Government, a bill for an
  act relating to the practice of hypnotherapy and providing penalties.

  Read first time under Rule 28 and placed on calendar.

  Senate File 286, by committee on Small Business, Economic
  Development and Tourism, a bill for an act relating to the new
  investment tax credit under the new jobs and income program.

  Read first time under Rule 28 and placed on calendar.

  Senate File 287, by committee on Human Resources, a bill for an
  act relating to child welfare provisions involving foster home
  damages, voluntary foster care placements of children with mental
  retardation or other developmental disability, release of child abuse
  information, and annual group foster care and decategorization
  plans, and providing a contingent effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 288, by Boettger, a bill for an act providing for
  directional signs for historic sites listed on the national register of
  historic places.

  Read first time under Rule 28 and referred to committee on
  Transportation.

  Senate File 289, by Dearden, a bill for an act relating to
  establishment of satellite absentee voting stations.

  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 290, by Schuerer, a bill for an act relating to
  unemployment compensation employer contribution rates.

  Read first time under Rule 28 and referred to committee on State
  Government.
  Senate File 291, by committee on State Government, a bill for an
  act relating to veterans' benefits, veterans preference, veterans'
  claims, reimbursement for military service tax exemption, and
  providing a penalty and applicability date.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 1072.1	Commerce

  Relating to certain franchise agreements and the rights and
  responsibilities of the parties under such agreements.

  SSB 1174	Education

  Providing an exemption from certain requirements of self-insured
  accident and health insurance plans provided by school corporations.

  SSB 1175	Appropriations

  Relating to enforcement, prevention, education, and treatment for
  substance abuse and sexual abuse, and providing appropriations.

  SSB 1176	Commerce

  Relating to the restructuring of the electric utility industry by
  providing for consumer choice for certain electric services, providing
  penalties, and providing an effective date.

  SSB 1177	Natural Resources and Environment

  Allowing county attorneys to seek judicial enforcement through
  imposition of civil penalties for violations relating to illegal dumping
  or discarding of solid waste.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 251

  HUMAN RESOURCES:  Boettger, Chair; Harper and Redwine
  Senate File 252

  HUMAN RESOURCES:  Boettger, Chair; Harper and Redwine

  Senate File 255

  HUMAN RESOURCES:  Miller, Chair; Behn and Harper

  Senate File 273

  HUMAN RESOURCES:  Bartz, Chair; Behn and Dvorsky

  Senate File 274

  NATURAL RESOURCES AND ENVIRONMENT:  King, Chair; Deluhery and Freeman

  SSB 1072.1

  COMMERCE:  Jensen, Chair; Redfern, Deluhery, Gronstal, and Johnson

  SSB 1174

  EDUCATION:  Redfern, Chair; Rehberg and Connolly

  SSB 1175

  APPROPRIATIONS:  Maddox, Chair; Kramer, Redwine, Dvorsky, and Hammond

  SSB 1176

  COMMERCE:  Jensen, Chair; Lundby, Schuerer, Gronstal, and Deluhery

  SSB 1177

  NATURAL RESOURCES AND ENVIRONMENT:  Miller, Chair; Dearden and Drake

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 283 (SSB 1144), a bill for an act
  appropriating
  federal funds made available from federal block grants and other federal
  grants,
  allocating portions of federal block grants, and providing procedures if
  federal funds
  are more or less than anticipated or if federal block grants are more or
  less than
  anticipated.

  Recommendation:  APPROVED COMMITTEE BILL.

  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.

  HUMAN RESOURCES

  Final Bill Action:  *SENATE FILE 284 (Formerly SF 109), a bill for an act
  providing
  for the liability of a person with supervisory or other administrative
  responsibilities
  over an individual who the person knew or was informed committed sexual
  abuse of a
  child.

  Recommendation:  WITHOUT RECOMMENDATION.

  Final Vote:  Ayes, 11:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Shearer, Tinsman, and Veenstra.  Nays, 2:  Miller and
  Schuerer.

  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 284,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 287 (SSB 1078), a bill for an act relating
  to child
  welfare provisions involving foster home damages, voluntary foster care
  placements of
  children with mental retardation or other developmental disability, release
  of child
  abuse information, and annual group foster care and decategorization plans,
  and
  providing a contingent effective date.

  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 287,
  and
  they were attached to the committee report.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

  Final Bill Action:  SENATE FILE 280 (SSB 1097), a bill for an act providing
  for
  investments by banks and certain insurance companies in Iowa agricultural
  industry
  finance corporations.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Lundby, Behn, Shearer, Boettger, Flynn, Judge,
  Rittmer,
  Sexton, Soukup, Tinsman, Veenstra, and Zieman.  Nays, none.  Absent or not
  voting, 1:
  Hansen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  SENATE FILE 281 (SSB 1098), a bill for an act concerning
  the
  workforce development department, by providing for the establishment of a
  workforce
  development corporation, expenses for members of the regional advisory board
  to the
  workforce development board, authority to charge fees for certain services
  of the
  department, and Iowa conservation corps employee rights.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Lundby, Behn, Shearer, Boettger, Flynn, Judge,
  Rittmer,
  Sexton, Soukup, Tinsman, Veenstra, and Zieman.  Nays, none.  Absent or not
  voting, 1:
  Hansen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 286 (SSB 1081), a bill for an act relating
  to the
  new investment tax credit under the new jobs and income program.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Lundby, Behn, Shearer, Boettger, Flynn, Judge,
  Rittmer,
  Sexton, Soukup, Tinsman, Veenstra, and Zieman.  Nays, none.  Absent or not
  voting, 1:
  Hansen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  *SENATE FILE 282 (SSB 1112), a bill for an act relating
  to
  practices and procedures of the department of general services, regulating
  state
  purchasing of recycled paper, modifying an appropriation to the department,
  and
  providing an effective date.

  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.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the State Government Committee on Senate File 282,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 285 (Formerly SF 35), a bill for an act
  relating to
  the practice of hypnotherapy and providing penalties.
  Recommendation:  APPROVED COMMITTEE BILL.

  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.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the State Government Committee on Senate File 285,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 291 (Formerly SF 145), a bill for an act
  relating to
  veterans' benefits, veterans preference, veterans' claims, reimbursement for
  military
  service tax exemption, and providing a penalty and applicability date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Rittmer, Lamberti, Kibbie, Dearden, Drake, Fink,
  King,
  Lundby, Maddox, Schuerer, Sexton, Szymoniak.  Nays, 1:  Connolly.  Absent or
  not
  voting, 2:  Deluhery and McLaren.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the State Goverment Committee on Senate File 291,
  and
  they were attached to the committee report.

  AMENDMENTS FILED

  S-3035	S.F. 276	John Redwine
  S-3036	S.F. 203	Matt McCoy
  S-3037	S.F. 203	Michael E. Gronstal
  S-3038	S.F. 203	Richard F. Drake
  S-3039	S.F. 276	John Redwine
  AFTERNOON SESSION

  The Senate reconvened at 4:39 p.m., Senator Hedge presiding.

  QUORUM CALL

  Senator Maddox requested a non-record roll call to determine that
  a quorum was present.

  The vote revealed 41 present, 9 absent, and a quorum present.

  BILLS REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  Senate Files 266 and 291 be referred from the Regular Calendar
  to the committee on Ways and Means.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 229, 232, and 276.

  Senate File 229

  On motion of Senator Redfern, Senate File 229, 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, was taken up for
  consideration.

  Senator Redfern asked and received unanimous consent that
  House File 330 be substituted for Senate File 229.

  House File 330

  On motion of Senator Redfern, 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, was taken up for
  consideration.
  Senator Redfern moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 330), the vote was:

  Ayes, 47:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gronstal	Hammond	Hansen	Harper
  Hedge	Horn	Jensen	Johnson
  Judge	Kibbie	King	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, 3:

  Iverson	Kramer	Lamberti		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senate File 232

  On motion of Senator Angelo, Senate File 232, a bill for an act
  relating to the establishment of a beginning teacher induction
  program and making an appropriation, with report of committee on
  Appropriations recommending passage, was taken up for
  consideration.

  Senator Angelo offered amendment S-3034 filed by him on March 2,
  1999, to pages 2-4 of the bill and moved its adoption.

  Amendment S-3034 was adopted by a voice vote.

  Senator Szymoniak offered amendment S-3025 filed by her on
  March 1, 1999, to page 3 of the bill and moved its adoption.
  Amendment S-3025 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. 232), 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 276

  On motion of Senator Redwine, Senate File 276, 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, was taken up for
  consideration.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 276 be deferred.
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Kramer and Lamberti until they arrive, on request of Senator
  Iverson.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 186.

  Senate File 186

  On motion of Senator Angelo, Senate File 186, a bill for an act
  providing that a county enterprise includes housing for persons who
  are elderly or persons with physical disabilities, was taken up for
  consideration.

  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. 186), the vote was:

  Ayes, 47:

  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
  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, 3:

  Kramer	Lamberti	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
  House File 330 and Senate Files 232 and 186 be immediately
  messaged to the House.

  WITHDRAWN

  Senator Redfern asked and received unanimous consent that
  Senate File 229  be withdrawn from further consideration of the
  Senate.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 224 and 203.

  Senate File 224

  On motion of Senator Flynn, Senate File 224, 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, was
  taken up for consideration.

  Senator Flynn offered amendment S-3033 filed by Senators Flynn
  and Jensen on March 2, 1999, to page 2 of the bill and moved its
  adoption.

  Amendment S-3033 was adopted by a voice vote.

  Senator Flynn 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. 224), 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
  Johnson	Judge	Kibbie	King
  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, 2:

  Kramer	Lamberti			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senate File 203

  On motion of Senator Jensen, Senate File 203, a bill for an act
  relating to transportation, including regulation of school buses and
  special trucks, vehicle titling and registration, commercial driver's
  licenses, regulations on motor carriers, regulations on motor vehicle
  manufacturers, distributors, and dealers, size, weight, and load
  restrictions on vehicles, driver education, and administrative
  procedures of the state department of transportation, and providing
  for fees and penalties and an effective date, was taken up for
  consideration.

  Senator Sexton asked and received unanimous consent to
  withdraw amendment S-3027 filed by him on March 2, 1999, to
  pages 1, 2, and to the title page of the bill.

  Senator Drake offered amendment S-3040 filed by Senators
  Drake, Jensen, and McCoy from the floor to page 8 of the bill and
  moved its adoption.
  Amendment S-3040 was adopted by a voice vote.

  Senator Kibbie offered amendment S-3041 filed by Senators
  Kibbie and Drake from the floor to page 8 and to the title page of the
  bill and moved its adoption.

  Amendment S-3041 was adopted by a voice vote.

  Senator Bartz asked and received unanimous consent to withdraw
  amendment S-3028 filed by him on March 2, 1999, to page 10 of the
  bill.

  Senator Bartz asked and received unanimous consent to withdraw
  amendment S-3029 filed by him on March 2, 1999, to page 10 of the
  bill.

  Senator Lamberti offered amendment S-3030 filed by him on
  March 2, 1999, to pages 10, 11, 13 and to the title page of the bill and
  moved its adoption.

  Amendment S-3030 was adopted by a voice vote.

  Senator McCoy offered amendment S-3036 filed by him from the
  floor to pages 10 and 11 of the bill and moved its adoption.

  Amendment S-3036 was adopted by a voice vote.

  Senator Gronstal offered amendment S-3037 filed by him from the
  floor to page 12 and to the title page of the bill, moved its adoption,
  and requested a record roll call.

  On the question "Shall amendment S-3037 be adopted?" (S.F. 203),
  the vote was:

  Ayes, 22:

  Bartz	Black	Bolkcom	Connolly
  Dearden	Deluhery	Dvorsky	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	Lundby	McCoy	Shearer
  Soukup	Szymoniak	
  Nays, 28:

  Angelo	Behn	Boettger	Drake
  Freeman	Gaskill	Hedge	Iverson
  Jensen	Johnson	King	Kramer
  Lamberti	Maddox	McKean	McKibben
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rife	Rittmer	Schuerer
  Sexton	Tinsman	Veenstra	Zieman	

  Absent or not voting, none.

  Amendment S-3037 lost.

  President Kramer took the chair at 6:19 p.m.

  Senator McCoy offered amendment S-3026 filed by him on March 1,
  1999, to page 13 of the bill and moved its adoption.

  Amendment S-3026 was adopted by a voice vote.

  Senator Veenstra offered amendment S-3042 filed by him from
  the floor to pages 8, 12 and to the title page of the bill and moved its
  adoption.

  Amendment S-3042 was adopted by a voice vote.

  Senator Bartz offered amendment S-3043 filed by him from the
  floor to page 10 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3043 be adopted?" (S.F. 203),
  the vote was:

  Ayes, 24:

  Bartz	Black	Boettger	Fink
  Fraise	Freeman	Gaskill	Hansen
  Harper	Iverson	Johnson	Judge
  Kibbie	King	Lundby	McKean
  McKibben	Miller	Redfern	Redwine
  Soukup	Tinsman	Veenstra	Zieman	
  Nays, 26:

  Angelo	Behn	Bolkcom	Connolly
  Dearden	Deluhery	Drake	Dvorsky
  Flynn	Gronstal	Hammond	Hedge
  Horn	Jensen	Kramer	Lamberti
  Maddox	McCoy	McLaren	Rehberg
  Rife	Rittmer	Schuerer	Sexton
  Shearer	Szymoniak	

  Absent or not voting, none.

  Amendment S-3043 lost.

  Senator Bartz asked and received unanimous consent that action
  on Senate File 203 be deferred.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on March 3, 1999, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 386, a bill for an act relating to increasing the
  penalties for an assault on a jailer.

  Read first time and referred to committee on Judiciary.

  House File 387, a bill for an act relating to confidentiality for
  certain taxpayer communications.

  Read first time and referred to committee on Judiciary.

  House File 395, a bill for an act providing that defendants
  convicted of class "C" vehicular manslaughter are not bailable on
  appeal.

  Read first time and referred to committee on Judiciary.

  ALSO:  That the House has on March 3, 1999, passed the following bill in
  which the
  concurrence of the House was asked:
  Senate File 70, a bill for an act concerning unemployment
  insurance by providing for the distribution of certain moneys in the
  unemployment trust fund and the transfer of experience for
  unemployment insurance tax purposes.

  INTRODUCTION OF BILLS

  Senate File 292, by committee on Education, a bill for an act
  providing for the designation of investigative information possessed
  by the board of educational examiners as privileged and confidential.

  Read first time and placed on calendar.

  Senate File 293, by committee on Small Business, Economic
  Development and Tourism, a bill for an act relating to the
  development and management of land, by providing for planning and
  revenue, providing an effective date, and making a provision
  retroactively applicable.

  Read first time and placed on calendar.

  Senate File 294, by committee on Judiciary, a bill for an act
  relating to lifetime registration for certain sex offenders, the
  performance of sex offender risk assessments, and the procedures for
  dissemination of registry information to agencies and the public.

  Read first time and placed on calendar.

  Senate File 295, by Gronstal, a bill for an act relating to the
  department of public safety assessing a fee for a criminal history
  check.

  Read first time and referred to committee on Judiciary.

  Senate File 296, by Johnson, a bill for an act relating to
  information required to be placed on property tax statements.

  Read first time and referred to committee on Ways and Means.
  Senate File 297, by Soukup, a bill for an act relating to
  registration of all-terrain vehicles and snowmobiles and providing for
  and applying penalties.

  Read first time and referred to committee on Transportation.

  Senate File 298, by King, a bill for an act relating to the liability
  of volunteer fire departments for penalties for occupational safety
  and health violations.

  Read first time and referred to committee on State Government.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  HUMAN RESOURCES

  Convened:  March 3, 1999, 2:03 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 SSBs 1155, 1156, and 1173.  Passed SFs 179 and
  194.

  Adjourned:  3:10 p.m.

  JUDICIARY

  Convened:  March 3, 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 SSBs 1109 and 1132.  Passed HF 209.

  Adjourned:  4:07 p.m.

  WAYS AND MEANS

  Convened:  March 3, 1999, 4:14 p.m.

  Members Present:  Johnson, Chair; McKibben, Vice Chair; Harper, Ranking
  Member; Bartz, Bolkcom, Connolly, Drake, Hedge, Lamberti, Maddox, Redwine,
  and
  Soukup.

  Members Absent:  Deluhery, Flynn, and McLaren (all excused).

  Committee Business:  Passed SFs 183 and 185.

  Adjourned:  4:20 p.m.
  INTRODUCTION OF BILLS

  Senate File 299, by Sexton, a bill for an act relating to
  remediation of agrichemical sites, providing fees, and making an
  appropriation.

  Read first time under Rule 28 and referred to committee on
  Agriculture.

  Senate File 300, by committee on Human Resources, a bill for an
  act relating to health care facility enforcement procedures.

  Read first time under Rule 28 and placed on calendar.

  Senate File 301, by committee on Human Resources, a bill for an
  act relating to grandparent and great-grandparent visitation rights.

  Read first time under Rule 28 and placed on calendar.

  Senate File 302, by Fink, a bill for an act providing for the
  establishment of an enrichment fund by the board of directors of a
  school district, providing for a personal income tax credit and
  corporate income tax deduction for contributions to an enrichment
  fund, and including a retroactive applicability provision.

  Read first time under Rule 28 and referred to committee on
  Education.

  Senate File 303, by committee on Judiciary, a bill for an act
  requiring that the clerk of the district court confirm that notice has
  been given to required parties prior to the filing of a nonstatutory
  lien.

  Read first time under Rule 28 and placed on calendar.

  Senate File 304, by committee on Human Resources, a bill for an
  act providing for conditional employment pending the outcome of
  background checks for health care facility employees.

  Read first time under Rule 28 and placed on calendar.
  SUBCOMMITTEE ASSIGNMENT

  Senate File 198

  AGRICULTURE:  Miller, Chair; Fraise and Zieman

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  *SENATE FILE 292 (SSB 1070), a bill for an act providing
  for the
  designation of investigative information possessed by the board of
  educational
  examiners as privileged and confidential.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Tinsman, and Veenstra.  Nays,
  none.
  Absent or not voting, 1:  Szymoniak.

  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 292, and
  they
  were attached to the committee report.

  HUMAN RESOURCES

  Final Bill Action:  SENATE FILE 179, a bill for an act relating to requests
  and
  hearings for correction and expungement of child abuse information.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Miller, Schuerer, Tinsman, and Veenstra.  Nays, 1:
  Shearer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 194, a bill for an act relating to
  acceptable
  accreditation of psychiatric medical institutions for children for the
  purpose of
  licensing.

  Recommendation:  DO PASS.

  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.
  ALSO:

  Final Bill Action:  SENATE FILE 300 (SSB 1155), a bill for an act relating
  to health
  care facility enforcement procedures.

  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.

  ALSO:

  Final Bill Action:  SENATE FILE 301 (SSB 1173), a bill for an act relating
  to
  grandparent and great-grandparent visitation rights.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Boettger, Redwine, Szymoniak, Bartz, Dvorsky, Miller,
  Shearer,
  Tinsman, and Veenstra.  Nays, 4:  Behn, Hammond, Harper, and Schuerer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 304 (SSB 1156), a bill for an act providing
  for
  conditional employment pending the outcome of background checks for health
  care
  facility employees.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Boettger, Redwine, Szymoniak, Bartz, Behn, Hammond,
  Harper, Miller, Schuerer, Shearer, and Veenstra.  Nays, 2:  Dvorsky and
  Tinsman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action:  *SENATE FILE 294 (SSB 1110), a bill for an act relating
  to
  lifetime registration for certain sex offenders, the performance of sex
  offender risk
  assessments, and the procedures for dissemination of registry information to
  agencies
  and the public.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McKean, Hansen, Angelo, Boettger, Fraise, Horn,
  Maddox,
  McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays, 1:  Dvorsky.  Pass, 1:
  Hammond.  Absent or not voting, 1:  Lamberti.

  Fiscal Note:  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 294, and
  they were
  attached to the committee report.

  ALSO:

  Final Bill Action:  SENATE FILE 303 (SSB 1109), a bill for an act requiring
  that the
  clerk of the district court confirm that notice has been given to required
  parties prior to
  the filing of a nonstatutory lien.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  McKean, Lamberti, Hansen, Angelo, Dvorsky, Fraise,
  Horn,
  Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays, none.  Absent
  or not
  voting, 2:  Boettger and Hammond.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 209, a bill for an act relating to increasing
  the
  penalty for eluding or attempting to elude an official law enforcement
  vehicle.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 8:  McKean, Lamberti, Angelo, Boettger, McCoy, McKibben,
  Miller,
  and Redfern.  Nays, 4:  Hammond, Horn, Maddox, and Tinsman.  Pass, 3:
  Hansen,
  Dvorsky, and Fraise.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

  Final Bill Action:  *SENATE FILE 293 (SSB 1063), a bill for an act relating
  to the
  development and management of land, by providing for planning and revenue,
  providing an effective date, and making a provision retroactively
  applicable.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 8:  Lundby, Boettger, Judge, Rittmer, Sexton, Soukup,
  Veenstra,
  and Zieman. Nays, 2:  Behn and Flynn.  Pass, 1:  Tinsman.  Absent or not
  voting, 2:
  Shearer and Hansen.

  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 Small Business, Economic Development, and
  Tourism
  Committee on Senate File 293, and they were attached to the committee
  report.
  AMENDMENTS FILED

  S-3040	S.F. 203	Richard F. Drake
  John W. Jensen
  Matt McCoy
  S-3041	S.F. 203	John P. Kibbie
  Richard F. Drake
  S-3042	S.F. 203	Ken Veenstra
  S-3043	S.F. 203	Merlin E. Bartz

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:43 p.m.,
  until 9:00 a.m., Thursday, March 4, 1999.
  470	JOURNAL OF THE SENATE	52nd Day
  52nd Day	WEDNESDAY, MARCH 3, 1999	471

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