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SIXTY-FIFTH CALENDAR DAY THIRTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 16, 1999 The Senate met in regular session at 9:09 a.m., President Kramer presiding. Prayer was offered by Bishop Christopher Epting of the Episcopal Diocese of Iowa. The Journal of Monday, March 15, 1999, was approved. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 15, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 311, a bill for an act relating to reimbursement, payment, and coverage by the state for damages involving individuals providing foster home, guardian, or conservator services and providing an effective date. Read first time and referred to committee on Human Resources. House File 573, a bill for an act to change the penalties applicable to the possession, manufacture, or delivery of methamphetamine and other controlled substances, relating to the possession or control of adulterated or improperly labeled articles, providing for the reopening of certain sentences, and providing for restrictions on bail. Read first time and referred to committee on Judiciary. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Dearden, McCoy and Gronstal until they arrive, on request of Senator Hansen. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 282 and 352. Senate File 282 On motion of Senator Maddox, Senate File 282, 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, 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. 282), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Dearden Gronstal McCoy Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 352 On motion of Senator Drake, Senate File 352, a bill for an act relating to reflective devices on slow-moving vehicles, was taken up for consideration. Senator Drake 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. 352), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson 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, 3: Dearden Gronstal McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 430. Senate File 430 On motion of Senator McLaren, Senate File 430, a bill for an act relating to and making supplemental and other appropriations for the fiscal year beginning July 1, 1998, and providing an effective date, was taken up for consideration. Senator Harper offered amendment S-3073 filed by Senators Harper and Redfern from the floor to page 1 of the bill and moved its adoption. Amendment S-3073 was adopted by a voice vote. Senator Tinsman offered amendment S-3068 filed by Senators Tinsman and Angelo on March 15, 1999, to page 2 of the bill and moved its adoption. Amendment S-3068 was adopted by a voice vote. Senator McLaren 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. 430), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Schuerer Absent or not voting, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 194. Senate File 194 On motion of Senator Miller, Senate File 194, a bill for an act relating to acceptable accreditation of psychiatric medical institutions for children for the purpose of licensing, with report of committee recommending passage, 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. 194), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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, 1: Dearden 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 Hedge asked and received unanimous consent to take up for consideration Senate Files 309, 101, 337 and 323. Senate File 309 On motion of Senator Fraise, Senate File 309, a bill for an act relating to the interception of communications and providing penalties, was taken up for consideration. Senator Fraise 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. 309), the vote was: Ayes, 44: Bartz Behn Black Boettger Connolly Deluhery Drake Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper 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, 5: Angelo Bolkcom Dvorsky Hammond Hedge Absent or not voting, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 101 On motion of Senator McKean, Senate File 101, a bill for an act establishing the offense of promoting or possessing contraband in prisons, jails, and juvenile facilities and establishing penalties, was taken up for consideration. Senator McKean offered amendment S-3071 filed by him from the floor to pages 1, 2 and to the title page of the bill and moved its adoption. Amendment S-3071 was adopted by a voice vote. Senator McKean 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. 101), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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, 1: Dearden The bill having received a constitutional majority was declared to have passed the Senate and the title, as amended, was agreed to. Senate File 337 On motion of Senator Fraise, Senate File 337, a bill for an act relating to landlords' and tenants' relations, by providing notice requirements, establishing a tenant's duty to properly maintain utility facilities, and providing for other properly related matters and an effective date, was taken up for consideration. Senator Fraise 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. 337), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson 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, 1: Dvorsky Absent or not voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 323 On motion of Senator Maddox, Senate File 323, a bill for an act relating to the use of professional designations by audiologists and speech pathologists, was taken up for consideration. Senator Dvorsky asked and received unanimous consent that action on Senate File 323 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate File 316. Senate File 316 On motion of Senator Rittmer, Senate File 316, a bill for an act concerning state government personnel benefit programs for state employees and a related tax exemption, and providing an effective and retroactive applicability date, was taken up for consideration. Senator Rittmer offered amendment S-3074 filed by Senators Rittmer, Black and Kramer from the floor to page 1 of the bill and moved its adoption. Amendment S-3074 was adopted by a voice vote. Senator Rittmer 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. 316), the vote was: Ayes, 45: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 5: Behn Hedge Redwine Rehberg Schuerer 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 BILL (Appropriations Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate File 424. Senate File 424 On motion of Senator Freeman, Senate File 424, a bill for an act relating to and making transportation and other infra-structure- related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the use of a former rest area, and providing for the nonreversion of certain moneys, was taken up for consideration. Senator Freeman offered amendment S-3075 filed by her from the floor to page 6 and to the title page of the bill and moved its adoption. Amendment S-3075 was adopted by a voice vote. Senator Freeman 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. 424), 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, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 101, 194, 282, 309, 316, 337, 352, 424 and 430 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: Dr. Timothy A. Gibbons, Athletic Trainer Advisory Board Carolyn D. Olson-Illg, Iowa Empowerment Board Joseph B. Ryan, Health Facilities Council Sister Helen M. Huewe, Healthy and Well Kids in Iowa (HAWK-I) Board Rose A. Vasquez, Director of the Department of Human Rights Robert G. Buchanan, Board of Examiners for Massage Therapy Janet A. Gentle, Board of Examiners for Massage Therapy Dr. Don C. Van Dyke, Prevention of Disabilities Policy Council Dr. Jacob O. Sines, Board of Psychology Examiners Jennifer L. Oman, Board of Social Work Examiners Christine A. Hunziker, Title Guaranty Division 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, 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 appointees, having received a two-thirds vote, were declared to have been confirmed by the Senate. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 300. Senate File 300 On motion of Senator Boettger, Senate File 300, a bill for an act relating to health care facility enforcement procedures, was taken up for consideration. Senator Boettger offered amendment S-3077 filed by her from the floor to page 2 of the bill and moved its adoption. Amendment S-3077 was adopted by a voice vote. Senator Boettger offered amendment S-3072 filed by her from the floor to page 3 of the bill and moved its adoption. Amendment S-3072 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. 300), 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. Senator Iverson asked and received unanimous consent that Senate File 300 be immediately messaged to the House. 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 16, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 339, a bill for an act extending the deadline for closing agricultural drainage wells and making penalties applicable. Read first time and referred to committee on Agriculture. House File 458, a bill for an act relating to the role of an auctioneer in conducting a public sale or auction involving real property. Read first time and referred to committee on Commerce. House File 475, a bill for an act concerning non-substantive gender-related provisions in the Code. Read first time and referred to committee on State Government. House File 498, a bill for an act defining as a fraudulent practice certain creation or use of retail sales receipts or universal price code labels, and applying penalties. Read first time and referred to committee on Judiciary. House File 570, a bill for an act relating to the Iowa turkey marketing council, by providing procedures for the administration of the council, a producer assessment, refunds, and for the expenditure of moneys by the council, and providing an effective date. Read first time and referred to committee on Agriculture. House File 607, a bill for an act relating to the number of monthly state aid payments received by school districts. Read first time and referred to committee on Education. House File 633, a bill for an act restricting the awarding of child visitation rights to a parent convicted of murder in the first degree of the other parent. Read first time and referred to committee on Human Resources. House File 648, a bill for an act relating to the exclusion of certain real estate transactions involving a power of attorney from state licensure and regulation. Read first time and referred to committee on Commerce. INTRODUCTION OF BILLS Senate File 451, by committee on Judiciary, a bill for an act relating to the payment of the legal defense costs of indigent persons, expanding the duties of the state public defender, and providing for the appointment and removal of certain state public defender personnel. Read first time and placed on calendar. Senate File 452, by committee on Agriculture, a bill for an act relating to remediation of agrichemical sites, and providing fees. Read first time and placed on calendar. Senate File 453, by committee on Agriculture, a bill for an act relating to the Iowa egg council by providing for its administration and membership, and providing an effective date. Read first time and placed on calendar. Senate File 454, by Miller, a bill for an act relating to raising the maximum value of nonmonetary items that may be received by public officials and public employees from restricted donors during a calendar day. Read first time and referred to committee on State Government. RECESS On motion of Senator Iverson, the Senate recessed at 10:42 a.m., until 1:00 p.m. APPENDIX REPORT OF COMMITTEE MEETING COMMERCE Convened: March 9, 1999, 4:00 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: Presentation by the Iowa Utility Board. Adjourned: 5:15 p.m. EXPLANATIONS OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 15, 1999, when the votes were taken on Senate Concurrent Resolutions 5 and 6. Had I been present, I would have voted "Aye." I was, also, necessarily absent from the Senate chamber on March 15, 1999, when the votes were taken on Senate Files 210, 263, 265, 281, 287, 294, 303, 313, 314, 335, and 366. Had I been present, I would have voted "Aye." MERLIN E. BARTZ MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 15, 1999, when the votes were taken on Senate Concurrent Resolutions 5 and 6. Had I been present, I would have voted "Aye." I was, also, necessarily absent from the Senate chamber on March 15, 1999, when the votes were taken on Senate Files 210, 263, 265, 281, 287, 294, 303, 313, 314, 335, and 366. Had I been present, I would have voted "Aye." NEAL SCHUERER SUBCOMMITTEE ASSIGNMENTS Senate File 293 (Reassignment) LOCAL GOVERNMENT: McKean, Chair; Angelo, Bartz, Bolkcom and Fraise Senate File 328 (Reassignment) SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Veenstra, Chair; Hansen and Zieman Senate File 375 JUDICIARY: Boettger, Chair; McCoy and Miller Senate File 380 NATURAL RESOURCES AND ENVIRONMENT: Black, Chair; Bartz and King Senate File 384 JUDICIARY: Maddox, Chair; Angelo and Fraise Senate File 389 JUDICIARY: Lamberti, Chair; Hansen and McKean Senate File 390 JUDICIARY: Maddox, Chair; Fraise and McKibben Senate File 400 WAYS AND MEANS: Bartz, Chair; Flynn and Johnson Senate File 411 WAYS AND MEANS: McKibben, Chair; Flynn, Harper, Lamberti, and McLaren House File 442 NATURAL RESOURCES AND ENVIRONMENT: Dearden, Chair; Deluhery and Drake SSB 1207 WAYS AND MEANS: Lamberti, Chair; Drake and Flynn COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 452 (Formerly SF 299), a bill for an act relating to remediation of agrichemical sites, and providing fees. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Gaskill, Miller, Fraise, Angelo, Bartz, Behn, Black, Hedge, Judge, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. 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 Agriculture Committee on Senate File 452, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 453 (SSB 1184), a bill for an act relating to the Iowa egg council by providing for its administration and membership, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Gaskill, Miller, Fraise, Angelo, Bartz, Behn, Black, Hedge, Judge, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. 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 Agriculture Committee on Senate File 453, and they were attached to the committee report. JUDICIARY Final Bill Action: *SENATE FILE 451 (SSB 1194), a bill for an act relating to the payment of the legal defense costs of indigent persons, expanding the duties of the state public defender, and providing for the appointment and removal of certain state public defender personnel. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, and Tinsman. Nays, none. Absent or not voting, 1: Redfern. 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 451, and they were attached to the committee report. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 316, the following correction was made: 1. Page 2, line 10, the word and number "Section 3" were changed to the word and number "Section 4". Michael E. Marshall Secretary of the Senate AMENDMENTS FILED S-3071 S.F. 101 Andy McKean S-3072 S.F. 300 Nancy Boettger S-3073 S.F. 430 Patricia Harper Donald B. Redfern S-3074 S.F. 316 Sheldon Rittmer Dennis Black Mary Kramer S-3075 S.F. 424 Mary Lou Freeman S-3076 S.F. 339 John P. Kibbie S-3077 S.F. 300 Nancy Boettger S-3078 S.F. 249 John W. Jensen Patrick J. Deluhery AFTERNOON SESSION The Senate reconvened at 1:15 p.m., President Kramer presiding. QUORUM CALL Senator Hedge requested a non-record roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent, and a quorum present. LEAVES OF ABSENCE Leave of absence were granted as follows: Senator Fink until he arrives, on request of Senator Gronstal; Senator Veenstra until he arrives, on request of Senator Hedge; Senator Deluhery for the remainder of the day, on request of Senator Connolly. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 231. Senate File 231 On motion of Senator McKibben, Senate File 231, a bill for an act providing a sales and use tax exemption for hospices, 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. 231), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky 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 Zieman Nays, none. Absent or not voting, 3: Deluhery Fink Veenstra The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PRESENTATION OF VISITORS The chair welcomed, at the request of Senator Maddox, fifth grade students from Jensen Elementary, Urbandale, Iowa, who were present in the balcony. INTRODUCTION OF GUESTS The chair welcomed Collin Smith and Tyler Kytola from Western Hills Elementary School, West Des Moines, Iowa. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 187. Senate File 187 On motion of Senator Freeman, Senate File 187, a bill for an act relating to the operation, regulation, and equipment of watercraft, establishing watercraft safety courses, and subjecting violators to a penalty, and providing an effective date, was taken up for consideration. Senator Freeman 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. 187), the vote was: Ayes, 43: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Rehberg Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 5: Behn King Redwine Rife Schuerer Absent or not voting, 2: Deluhery Fink The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PRESENTATION OF VISITORS The chair welcomed, at the request of Senator Johnson, the fifth grade class from Van Meter, Iowa, accompanied by Mr. Merril and Mrs. Garvey, who were present in the balcony. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 376, 426 and 368. Senate File 376 On motion of Senator Szymoniak, Senate File 376, a bill for an act relating to the supervision of the office of state medical examiner, was taken up for consideration. Senator Szymoniak offered amendment S-3070 filed by her on March 15, 1999, to page 5 and to the title page of the bill and moved its adoption. Amendment S-3070 was adopted by a voice vote. Senator Szymoniak 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. 376), the vote was: Ayes, 39: Bartz Behn Black Boettger Bolkcom Dearden Dvorsky Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Kibbie King Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 9: Angelo Connolly Drake Flynn Johnson Judge McCoy McKean Rife Absent or not voting, 2: Deluhery Fink The bill having received a constitutional majority was declared to have passed the Senate and the title, as amended, was agreed to. Senate File 426 On motion of Senator Shearer, Senate File 426, a bill for an act relating to linked investment deposits by providing a low-interest loan program to assist persons involved in value-added agricultural processing, was taken up for consideration. Senator Shearer asked and received unanimous consent that action on Senate File 426 be deferred. Senate File 368 On motion of Senator King, Senate File 368, a bill for an act relating to the designation of endangered and threatened species of fish, plants, or wildlife and providing civil and criminal penalties for illegal acts affecting endangered or threatened species of fish, plants, or wildlife, was taken up for consideration. Senator King offered amendment S-3081 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3081 was adopted by a voice vote. Senator King 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. 368), the vote was: Ayes, 41: Angelo Bartz Behn Boettger Connolly Dearden Drake Flynn Fraise Freeman Gaskill Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 7: Black Bolkcom Dvorsky Fink Gronstal Hammond Lundby Absent or not voting, 2: Deluhery Zieman 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 187, 231, 368 and 376 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 367. Senate File 367 On motion of Senator Maddox, Senate File 367, a bill for an act adopting the Uniform Child Custody Jurisdiction and Enforcement Act, was taken up for consideration. Senator Maddox offered amendment S-3059 filed by him on March 15, 1999, to pages 8 and 14-16 of the bill and moved its adoption. Amendment S-3059 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. 367), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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, 1: Deluhery The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred March 15, 1999) Senate File 339 The Senate resumed consideration of Senate File 339, a bill for an act providing for directional signs for historic sites listed on the national register of historic places, deferred March 15, 1999. Senator Flynn offered amendment S-3067 filed by him on March 15, 1999, to page 1 and to the title page of the bill. Senator Drake raised the point of order that amendment S-3067 was not germane to the bill. The Chair ruled the point well taken and amendment S-3067 out of order. Senator Kibbie offered amendment S-3076 filed by him from the floor to pages 1, 2 and to the title page of the bill and moved its adoption. Amendment S-3076 was adopted by a voice vote. Senator Connolly offered amendment S-3066 filed by him on March 15, 1999, to page 3 and to the title page of the bill and moved its adoption. Amendment S-3066 was adopted by a voice vote. Senator Drake 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. 339), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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, 1: Deluhery The bill having received a constitutional majority was declared to have passed the Senate and the title, as amended, was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 298. Senate File 298 On motion of Senator King, Senate File 298, a bill for an act relating to the liability of volunteer fire departments for penalties for occupational safety and health violations, with report of committee recommending passage, was taken up for consideration. Senator King 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. 298), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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, 1: Dearden Absent or not voting, 1: Deluhery 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 298, 339 and 367 be immediately messaged to the House. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Files 425 and 447 be referred from the Regular Calendar to the committee on Ways and Means and Senate File 442 be referred from the Regular Calendar to the committee on Appropriations. 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 16, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 199, a bill for an act relating to the taxation of certain sales of aircraft under the state sales, services, and use taxes. Read first time and referred to committee on Ways and Means. House File 414, a bill for an act relating to carrying a gun in or on a vehicle on a public highway. Read first time and referred to committee on Judiciary. House File 518, a bill for an act relating to the fire safety provisions applicable to a bed and breakfast inn. Read first time and referred to committee on State Government. House File 636, a bill for an act relating to review and oversight of actions of the United States environmental protection agency. Read first time and referred to committee on Natural Resources and Environment. INTRODUCTION OF RESOLUTIONS Senate Resolution 7, by Dearden, a resolution honoring Major General Warren G. Lawson, recommending Major General Warren G. Lawson for the Iowa Medal of Valor, and designating a Major General Warren G. Lawson Day. Read first time and referred to committee on Rules and Administration. Senate Resolution 8, by Szymoniak, Connolly and Hammond, a resolution to amend the Senate Code of Ethics. Read first time and referred to committee on State Government. Senate Concurrent Resolution 11, by Iverson, Gronstal and Kramer, a concurrent resolution requesting the United States Congress to prevent the federal government from attempting to recoup Medicaid payments from the state tobacco litigation settlement agreement moneys, and to allow the states to keep all settlement moneys, without offset. Read first time and referred to committee on Rules and Administration. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Andrea Austin, Tilford Middle School - For being a winner in the "Write Women Back Into History" 1999 Essay Contest. Senator Schuerer. (03/16/99). Tanya Bailey, Shenandoah - For being named "Critic's Choice" and Top Performer in group improvisation at the Iowa High School Speech Association All State Large Group Festival. Senator Angelo (03/16/99). Phil Burmeister, Superintendent, Mount Ayr Community School District - For receiving the 1999 Magna Award for Outstanding Programs to Advance Student Learning. Senator Angelo (03/16/99). Autumn Huinker, Parnell Elementary - For being a winner in the "Write Women Back Into History" 1999 Essay Contest. Senator Schuerer (03/16/99). Chuck Martin, Shenandoah - For being named "Critic's Choice" and Top Performer in group improvisation at the Iowa High School Speech Association All State Large Group Festival. Senator Angelo (03/16/99). Mike Oatman, Boone - For achieving the rank of Eagle Scout. Senator Behn (03/16/99). Matt Wartick, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (03/16/99). STUDY BILL RECEIVED SSB 1207 Ways and Means Relating to the taxation of certain communications services providers by exempting from the state sales and use taxes certain equipment used in transmitting telecommunications services and exempting from property tax certain fiber optic and copper cable of telephone companies. SUBCOMMITTEE ASSIGNMENTS Senate File 425 WAYS AND MEANS: Redwine, Chair; Flynn and Johnson AMENDMENTS FILED S-3079 S.F. 441 Donald B. Redfern S-3080 S.F. 285 JoAnn Johnson S-3081 S.F. 368 Steve King ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 3:23 p.m., until 9:00 a.m., Wednesday, March 17, 1999. 620 JOURNAL OF THE SENATE 65th Day 65th Day TUESDAY, MARCH 16, 1999 621
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