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Senate Journal: Tuesday, March 16, 1999

  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

Previous Day: Monday, March 15Next Day: Wednesday, March 17
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