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SEVENTY-SECOND CALENDAR DAY FORTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 23, 1999 The Senate met in regular session at 9:06 a.m., Senator Hedge presiding. Prayer was offered by Reverend Brian Eslinger, pastor of the Unitarian Universalist Fellowship Church, Ames, Iowa. The Journal of Monday, March 22, 1999, was approved. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 76. Senate File 76 On motion of Senator Jensen, Senate File 76, a bill for an act relating to the administration of the state department of transportation by allowing the reversion of operating funds for training and technology, making a standing appropriation, and providing for the nonreversion of certain railroad funds, with report of committee on Appropriations recommending passage, was taken up for consideration. Senator McLaren offered amendment S-3112 filed by Senators McLaren and Jensen on March 22, 1999, to page 1 of the bill and moved its adoption. Amendment S-3112 was adopted by a voice vote. Senator Jensen moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 76), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Connolly Flynn Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Connolly until he arrives, on request of Senator Gronstal. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 428. Senate File 428 On motion of Senator Maddox, Senate File 428, a bill for an act relating to the authority of cities and counties to adopt rent control ordinances, 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. 428), the vote was: Ayes, 40: Angelo Bartz Behn Black Connolly Dearden Deluhery Drake Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, 8: Boettger Bolkcom Dvorsky Fink Hammond Lundby Szymoniak Tinsman Absent or not voting, 2: Flynn Rife 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 Files 76 and 428 be immediately messaged to the House. President Kramer took the chair at 9:22 a.m. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 445. Senate File 445 On motion of Senator Lundby, Senate File 445, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing for properly related matters, and providing effective dates, was taken up for consideration. Senator McKean asked and received unanimous consent that action on Senate File 445 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 332. House File 332 On motion of Senator Freeman, House File 332, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds, with report of committee recommending passage, was take 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?" (H.F. 332), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 406. Senate File 406 On motion of Senator Gronstal, Senate File 406, a bill for an act relating to entities and subject matter under the regulatory authority of the insurance division, including securities, business opportunities, cemetery merchandise and residential service contracts, providing for fees, and establishing penalties, was taken up for consideration. Senator Gronstal 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. 406), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Rife 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 406 and House File 332 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 324 and House Files 208 and 182. Senate File 324 On motion of Senator Jensen, Senate File 324, a bill for an act relating to certain franchise agreements and the rights and responsibilities of the parties under such agreements, was taken up for consideration. President pro tempore Redfern took the chair at 9:42 a.m. Senator Gronstal offered amendment S-3116 filed by him from the floor, to page 10 of the bill and moved its adoption. Amendment S-3116 was adopted by a voice vote. Senator Jensen moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 324), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Present, 1: Lamberti Absent or not voting, 2: Flynn Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 208 On motion of Senator Miller, House File 208, a bill for an act establishing a southern Iowa development and conservation authority, specifying membership, powers, and duties, creating a southern Iowa development and conservation fund, and providing for other properly related matters, with report of committee recommending passage, was taken up for consideration. Senator Bartz asked and received unanimous consent that action on House File 208 be deferred. House File 182 On motion of Senator Hammond, House File 182, a bill for an act expanding the criminal code definition of serious injury to include certain injuries to children, with report of committee recommending passage, was taken up for consideration. Senator Hammond moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 182), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Flynn McCoy Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 324 and House File 182 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 304. Senate File 304 On motion of Senator Boettger, Senate File 304, a bill for an act providing for conditional employment pending the outcome of background checks for health care facility employees, was taken up for consideration. Senator Boettger asked and received unanimous consent that action on Senate File 304 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 399. Senate File 399 On motion of Senator Hedge, Senate File 399, a bill for an act relating to tax exemptions for livestock-related pollution-control or recycling property, was taken up for consideration. Senator Kibbie offered amendment S-3120 filed by Senators Kibbie, et al., from the floor, to page 1 of the bill and moved its adoption. Amendment S-3120 was adopted by a voice vote. Senator Kibbie offered amendment S-3121 filed by Senators Kibbie, et al., from the floor, to page 1 of the bill and moved its adoption. Amendment S-3121 was adopted by a voice vote. Senator Hedge 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. 399), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 318, House Files 164 and 299. Senate File 318 On motion of Senator Schuerer, Senate File 318, a bill for an act relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions, was taken up for consideration. Senator Schuerer offered amendment S-3094 filed by him on March 17, 1999, striking everything after the enacting clause and to the title page of the bill. Senator Connolly raised the point of order that amendment S-3094 was not germane to the bill. Senator Connolly withdrew his point of order. Senator Connolly asked and received unanimous consent that action on amendment S-3094 and Senate File 318 be deferred. House File 164 On motion of Senator Miller, House File 164, a bill for an act concerning the open meetings statute by permitting the awarding of appellate attorney fees for a successful action involving the statute, 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?" (H.F. 164), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 10:46 a.m. House File 299 On motion of Senator Sexton, House File 299, a bill for an act relating to applications for motor vehicle registration and issuance of certificate of title, with report of committee recommending passage, was taken up for consideration. Senator Sexton moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 299), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 399 and House Files 164 and 299 be immediately messaged to the House. 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 23, 1999, passed the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 13, a joint resolution requesting the United States Department of Defense and the United States Army to place additional production work at the Rock Island Arsenal. Read first time and referred to committee on State Government. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 14, by Kramer, Iverson, Redwine, Boettger, Freeman, Sexton, Gaskill, Behn, Zieman, Miller, Veenstra, Hedge, Lamberti, Rehberg, Maddox, Redfern, Angelo, Johnson, Tinsman, Rittmer, Rife, McKibben, McLaren, Drake, Bartz, Jensen, King, McKean and Schuerer, a concurrent resolution urging congressional action to reject the plan by the United States Census Bureau to use statistical sampling in reporting population data to the states for purposes of redistricting. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 10:58 a.m., until 1:00 p.m. APPENDIX EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 23, 1999, when the vote was taken on Senate File 76. Had I been present, I would have voted "Aye." MICHAEL W. CONNOLLY SUBCOMMITTEE ASSIGNMENTS House File 115 LOCAL GOVERNMENT: Gaskill, Chair; Bartz and McCoy House File 308 JUDICIARY: Angelo, Chair; Hammond and McKean House File 584 JUDICIARY: Redfern, Chair; McCoy and McKibben House File 637 TRANSPORTATION: Rittmer, Chair; Drake and McCoy House File 659 JUDICIARY: Redfern, Chair; Horn and Miller House File 660 JUDICIARY: McKibben, Chair; Hansen and Redfern House File 662 JUDICIARY: Miller, Chair; Hansen and McKean House File 663 JUDICIARY: Redfern, Chair; McCoy and McKibben COMMITTEE REPORTS HUMAN RESOURCES Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Bartz, Behn, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Dvorsky. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *HOUSE FILE 497, a bill for an act relating to certain programs and public health issues under the purview of the Iowa department of public health. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3113. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Bartz, Behn, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Dvorsky. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on House File 497, and they were attached to the committee report. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Boettger, Redwine, Szymoniak, Bartz, Behn, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, 1: Hammond. Absent or not voting, 1: Dvorsky. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3113 H.F. 497 Human Resources S-3114 S.F. 445 Lyle E. Zieman S-3115 S.F. 445 Mary A. Lundby S-3116 S.F. 324 Michael E. Gronstal S-3117 S.F. 304 Nancy Boettger S-3118 S.F. 304 Nancy Boettger Matt McCoy S-3119 S.F. 292 Mike Connolly S-3120 S.F. 399 John P. Kibbie H. Kay Hedge Eugene S. Fraise Merlin E. Bartz JoAnn Johnson S-3121 S.F. 399 John P. Kibbie H. Kay Hedge Eugene S. Fraise Merlin E. Bartz JoAnn Johnson S-3122 S.F. 304 Nancy Boettger Matt McCoy S-3123 S.F. 408 Steve King AFTERNOON SESSION The Senate reconvened at 1:34 p.m., President Kramer presiding. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 9. Senate Resolution 9 On motion of Senator Iverson, Senate Resolution 9, a resolution congratulating Nick Collison and the 1999 McDonald's All American High School Basketball Team, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved adoption of Senate Resolution 9, which motion prevailed by a voice vote. SPECIAL GUESTS Senator Iverson welcomed the McDonald's All American Team and Nick Collison, from Iowa Falls, Iowa. Nick Collison presented Senator Iverson with a basketball signed by the McDonald's All American Team. The Senate rose and expressed it's appreciation for the accomplishments of the team members. RECESS On motion of Senator Iverson, the Senate recessed at 1:43 p.m., until 2:30 p.m. RECONVENED The Senate reconvened at 3:13 p.m., Senator Hedge presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 40 present, 10 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Hammond and Szymoniak for the remainder of the day, on request of Senator Gronstal. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 395. Senate File 395 On motion of Senator Angelo, Senate File 395, a bill for an act relating to the department of corrections by providing for purchases from Iowa prison industries, the study of inmate worker safety issues, the establishment of a criminal offense for attempts to escape, the crediting of time served by inmates, inmate work program agreements, the revolving farm fund, and deductions from inmate work program earnings, and making penalties applicable, was taken up for consideration. President Kramer took the chair at 3:24 p.m. 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. 395), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn Hammond McLaren Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 304 The Senate resumed consideration of Senate File 304, a bill for an act providing for conditional employment pending the outcome of background checks for health care facility employees, previously deferred. Senator Boettger asked and received unanimous consent to withdraw amendment S-3117 filed by her from the floor, to page 1 of the bill; amendment S-3118 filed by Senators Boettger and McCoy from the floor, to page 1 of the bill; and amendment S-3122 filed by Senators Boettger and McCoy from the floor, to amendment S-3118. Senator Boettger offered amendment S-3124 filed by Senators Boettger and McCoy from the floor, to page 1 of the bill and moved its adoption. Amendment S-3124 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. 304), the vote was: Ayes, 40: Angelo Bartz Behn Black Boettger Connolly Deluhery Drake Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 6: Bolkcom Dearden Dvorsky Fink Judge Rife Absent or not voting, 4: Flynn Hammond Lundby Szymoniak 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 House File 224. House File 224 On motion of Senator Drake, House File 224, a bill for an act relating to qualifications of commissioners for a city, county, or joint memorial hospital, with report of committee recommending amendment and passage, was taken up for consideration. Senator Drake offered amendment S-3096 filed by the committee on State Government on March 17, 1999, to page 1 and to the title page of the bill. President pre tempore Redfern took the chair at 3:53 p.m. Senator Gronstal offered amendment S-3127 filed by him from the floor, to amendment S-3096 and moved its adoption. Amendment S-3127 was adopted by a voice vote. Senator Drake moved adoption of S-3096 as amended, which motion prevailed by a voice vote. With the adoption of amendment S-3096, the Chair ruled amendment S-3064, filed by Senator Drake on March 15, 1999, to page 1 and to the title page of the bill, out of order. 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?" (H.F. 224), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Flynn Hammond Szymoniak 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 Hedge asked and received unanimous consent to take up for consideration Senate File 392. Senate File 392 On motion of Senator Jensen, Senate File 392, a bill for an act relating to telecommunications systems or services which may be provided by a city utility, establishing certain requirements on such city, and including effective date and retroactive applicability provisions, was taken up for consideration. Senator Jensen offered amendment S-3128 filed by Senators Jensen, et al., from the floor, to pages 1-5 of the bill. Senator King asked and received unanimous consent that action on amendment S-3128 and Senate File 392 be deferred. BUSINESS PENDING Senate File 318 The Senate resumed consideration of Senate File 318, a bill for an act relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions, and amendment S-3094 by Senator Schuerer, striking everything after the enacting clause and to the title page of the bill, previously deferred. Senator Schuerer moved adoption of amendment S-3094, which motion prevailed by a voice vote. Senator Schuerer asked and received unanimous consent that House File 443 be substituted for Senate File 318. House File 443 On motion of Senator Schuerer, House File 443, a bill for an act relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions, was taken up for consideration. Senator Schuerer 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. 443), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 1: Dvorsky Absent or not voting, 3: Flynn Hammond Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Schuerer asked and received unanimous consent that Senate File 318 be withdrawn from further consideration of the Senate. UNFINISHED BUSINESS (Deferred March 18, 1999) Senate File 458 The Senate resumed consideration of Senate File 458, a bill for an act relating to information required to be placed on property tax statements, deferred March 18, 1999. Senator Rife offered amendment S-3107 filed by him on March 18, 1999, to page 1 and to the title page of the bill. Senator McKibben raised point of order that amendment S-3107 was not germane to the bill. The Chair ruled the point well taken and amendment S-3107 out of order. 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. 458), the vote was: Ayes, 24: Angelo Behn Boettger Drake Freeman Gaskill Harper Iverson Jensen Johnson Judge King Kramer Lamberti Maddox McKibben Miller Redfern Redwine Rittmer Schuerer Sexton Tinsman Veenstra Nays, 22: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Fraise Gronstal Hansen Hedge Horn Kibbie Lundby McCoy McKean McLaren Rehberg Shearer Soukup Zieman Absent or not voting, 4: Flynn Hammond Rife Szymoniak The bill not having received a constitutional majority was declared to have failed to pass the Senate. IMMEDIATELY MESSAGED Senator Hedge asked and received unanimous consent that Senate File 304 and House Files 224 and 443 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 23, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 234, a bill for an act limiting the liability of the state and political subdivisions of the state for certain losses caused by the failure of computer software or a device containing a computer processor. Read first time and referred to committee on State Government. House File 448, a bill for an act prohibiting the transmission of electronic mail which includes advertisements in certain circumstances and providing for monetary damages, criminal penalties, and other remedies. Read first time and referred to committee on Commerce. House File 532, a bill for an act relating to practitioner preparation programs and providing for a pilot study to assess the performance of teacher education graduates. Read first time and referred to committee on Education. House File 624, a bill for an act relating to electronic commerce security, and providing penalties. Read first time and referred to committee on Commerce. House File 672, a bill for an act relating to area education agencies and school districts by modifying the time guidelines concerning bargaining by certain employees, and changing dates relating to budget certification and notice of teacher termination for school districts. Read first time and referred to committee on Education. House File 732, a bill for an act relating to telehealth, by providing for patient consent to telehealth services and for complaints and disciplinary actions against health care practitioners. Read first time and referred to committee on Human Resources. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 15, by Bartz, a concurrent resolution to urge that the United States Congress and the United States Department of Justice take all actions necessary in order to prevent the merger of Cargill Inc. and the grain unit of Continental Grain Co. Read first time and referred to committee on Rules and Administration. Senate Concurrent Resolution 16, by Sexton and Bolkcom, a concurrent resolution requesting an interim study of the feasibility of televising legislative proceedings in order to enhance public access to state government. Read first time and referred to committee on State Government. APPENDIX REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION The committee on Rules and Administration referred the following Governor's appointments to state boards, commissions, and departments to Senate standing committees as indicated for investigation on March 23, 1999: BUSINESS AND LABOR Byron K. Orton - Labor Commissioner COMMERCE Gary D. Stewart - Consumer Advocate Don Gettings - Credit Union Review Board Therese M. Vaughan - Commissioner of Insurance Timothy Lapointe - Iowa Telecommunications and Technology Commission Susan Frye - Utilities Board EDUCATION Bill Haigh - Board of Educational Examiners Helen Lewis - Board of Educational Examiners Mary Settles - Board of Educational Examiners Robert Fleming - Iowa Higher Education Loan Authority David Neil - State Board of Regents Owen Newlin - State Board of Regents Deborah Turner - State Board of Regents Connie Cook - School Budget Review Committee HUMAN RESOURCES Jill Meilahn - Board of Examiners for Athletic Training Rebecca Beach - Board of Behavioral Science Examiners Jack Hillyard - Board of Behavioral Science Examiners Julia Scurr - Commission for the Blind William Joseph Brand - Administrator of the Division of Community Action Agencies Kathy Beauchamp - Commission on Community Action Agencies Micheal Coverdale - Commission on Community Action Agenies Arbella Jetter - Commission on Community Action Agencies Loren Woods - Commission on the Deaf John Lowe - Commission of Elder Affairs Jane Paulsen - Commission of Elder Affairs Richard Dickinson - State Citizen Foster Care Review Board Albert Sorensen - State Citizen Foster Care Review Board Edward Nichols - Health Facilities Council Jessie K. Rasmussen - Director of the Department of Human Services Thomas Glenn - Iowa Council on Human Investment Betty Grandquist - Iowa Council on Human Investment Mark Haverland - Council on Human Services Christine Louscher - Council on Human Services Dianne Dethmers Paca - Council on Human Services Lori Bears - Mental Health and Developmental Disabilities Commission Michael Flaum - Mental Health and Developmental Disabilities Commission Jackie Kibbie-Williams - Mental Health and Developmental Disabilities Commission Nancy McKlveen - Mental Health and Developmental Disabilities Commission Stephen C. Gleason - Director of Public Health Charlotte B. Nelson - Administrator of the Division on the Status of Women JUDICIARY Alicia Claypool - Iowa State Civil Rights Commission David Leshtz - Iowa State Civil Rights Commission Rachel Scherle - Iowa State Civil Rights Commission Frances Colston - Board of Corrections Robyn Mills - Board of Corrections Arthur Neu - Board of Corrections Walter Reed, Jr. - Board of Corrections R. Bruce Upchurch - Drug Enforcement and Abuse Prevention Coordinator Craig Rypma - State Judicial Nominating Commission Linda Steensland - State Judicial Nominating Commission Lennis Moore - Commission on Judicial Qualifications Karen Muelhaupt - Board of Parole LOCAL GOVERNMENT Joanne Stockdale - County Finance Committee NATURAL RESOURCES AND ENVIRONMENT James Braun - Environmental Protection Commission Elizabeth Christiansen - Environmental Protection Commission Gary Priebe - Environmental Protection Commission Rita Venner - Environmental Protection Commission Paul Christiansen - Natural Resource Commission Carol Kramer - Natural Resource Commission William Sullivan - Natural Resource Commission SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Robert Bocken - Iowa Economic Development Board Pamela Sessions - Iowa Economic Development Board David J. Lyons - Director of the Department of Economic Development STATE GOVERNMENT Dorothy Dunphy - Accountancy Examining Board James Egerton - Accountancy Examining Board Traevena L. Potter-Hall - Administrator of the Division on the Status of African- Americans Shirley Daggett - Alcoholic Beverages Commission Gordon Mills - Architectural Examining Board Katherine Schwennsen - Architectural Examining Board Raymond Barker - Board of Barber Examiners Daryl Engelen - Board of Chiropractic Examiners Thomas Stanzel - Board of Chiropractic Examiners David Creighton, Sr. - Board of Cosmetology Arts and Sciences Examiners Janet Fisher - Board of Cosmetology Arts and Sciences Examiners Teresa Mertens - Board of Cosmetology Arts and Sciences Examiners Sheila O'Hern - Board of Cosmetology Arts and Sciences Examiners Phyllis Cacciatore - Board of Dental Examiners Steven Wettach - Board of Dental Examiners Debra Yossi - Board of Dental Examiners Nicholas Konrady - Engineering and Land Surveying Examining Board Mark McCormick - Iowa Ethics and Campaign Disclosure Board Mark McCormick - Iowa Ethics and Campaign Disclosure Board Phyllis Peters - Iowa Ethics and Campaign Disclosure Board Marie Callas - Board for the Licensing of Hearing Aid Dealers Patricia Stark - Board for the Licensing of Hearing Aid Dealers Janet Adams - Investment Board of the IPERS Sheila Riggs - Investment Board of the IPERS Gregory Jones - Landscape Architectural Examining Board Michael McCoy - Iowa Lottery Board Susan Thompson - Iowa Lottery Board Edward J. Stanek - Commissioner of the Lottery Lana Fogue - Board of Examiners for Massage Therapy Lois Leytem - Board of Examiners for Massage Therapy Diane Nagle - Board of Medical Examiners Stuart Winston - Board of Medical Examiners Allen Zagoren - Board of Medical Examiners J. Craig Fratzke - Board of Mortuary Science Examiners Marcus Vigen - Board of Mortuary Science Examiners Anna Fallon - Board of Nursing Examiners Larry Hertel - State Board of Examiners for Nursing Home Administrators Duane Atteberry - Board of Optometry Examiners Larry Hicks - Board of Optometry Examiners Mollie K. Anderson - Director of the Department of Personnel Mary Pat Mitchell - Board of Pharmacy Examiners Matthew Osterhaus - Board of Pharmacy Examiners Madonna Ryan - Board of Psychology Examiners Kurosh Shahriari - Board of Psychology Examiners Jacob Sines - Board of Psychology Examiners Diane L. Hamilton - State Racing and Gaming Commission Willard Hansen - State Racing and Gaming Commission James F. Hassenfritz - State Racing and Gaming Commission Michael W. Mahaffey - State Racing and Gaming Commission Rita Sealock - State Racing and Gaming Commission Sharon Chism - Real Estate Appraiser Examining Board Barbara Leestamper - Real Estate Commission Robert Miller - Real Estate Commission Lance Clemsen - Board of Social Work Examiners Mark Smith - Board of Social Work Examiners Tracy Rial - Board of Speech Pathology and Audiology Examiners Mary Ellen White - Commission of Veterans Affairs Brian B. Bales - Executive Director of the Commission of Veterans Affairs TRANSPORTATION Tom Aller - State Transportation Commission WAYS AND MEANS Virginia Bordwell - Iowa Finance Authority Vincent Lintz - Iowa Finance Authority Lisa Wageman - Iowa Finance Authority Gerald D. Bair - Director of Revenue and Finance Lowell Norland - State Board of Tax Review CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Darrin Naatjes, West Lyon High School - For being an All State Athlete in four sports: Baseball, Basketball, Football, and Track. Senator Veenstra (03/23/99). Trevor Rhines, Manchester - For winning the Iowa Coca-Cola Bowling Championship. Senator Rehberg (03/23/99). REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: March 23, 1999, 11:20 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Schuerer, Soukup, and Tinsman. Members Absent: Flynn, Ranking Member; and Rife (both excused). Committee Business: Approved SSB 1159. Adjourned: 12:05 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 23, 1999, 1:45 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Members Absent: Drake and Freeman (both excused). Committee Business: Open discussion with Paul Johnson, Governor's nominee for Director of the Department of Natural Resources. Adjourned: 2:45 p.m. RULES AND ADMINISTRATION Convened: March 23, 1999, 4:30 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Members Absent: None. Committee Business: Assignment of Governor's and AG's appointments to standing committees. Voted to calendar SR 7, SCR 11, and rewrote SJR 11 as a committee bill. Adjourned: 4:50 p.m. INTRODUCTION OF BILL Senate File 460, by committee on Appropriations, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, other properly related matters, and providing effective dates. Read first time under Rule 28 and placed on Appropriations calendar. INTRODUCTION OF RESOLUTION Senate Resolution 10, by Deluhery, Tinsman, Rife, Drake, and Rittmer, a resolution supporting the placement of additional federal production work at, and continued utilization of, the Rock Island Arsenal. Read first time under Rule 28 and referred to committee on State Government. STUDY BILLS RECEIVED SSB 1209 Appropriations Relating to the establishment of an Iowa early intervention block grant program, providing for a school improvement technology block grant program, and making appropriations. SSB 1210 Ways and Means Relating to reductions in the state individual income tax by increasing the deduction for pension income and increasing the personal and dependent credits, and including a retroactive applicability date provision SSB 1211 Ways and Means Relating to the classification of apartments in condominiums for purposes of property taxation. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 13 STATE GOVERNMENT: Drake, Chair; Kibbie and Schuerer House File 656 STATE GOVERNMENT: Rittmer, Chair; Drake and Kibbie SSB 1209 APPROPRIATIONS: Redwine, Chair; Connolly, Horn, King, and Rehberg SSB 1210 WAYS AND MEANS: Lamberti, Chair; Flynn and Johnson SSB 1211 WAYS AND MEANS: McLaren, Chair; Drake and Soukup COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 460 (SSB 1159), a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, other properly related matters, and providing effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 23: McLaren, Kramer, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2: Flynn and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 460, and they were attached to the committee report. RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 11, 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 7, 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 395 passed the Senate on March 23, 1999. ROBERT E. DVORSKY MADAM PRESIDENT: I move to reconsider the vote by which Senate File 458 failed to pass the Senate on March 23, 1999. ANDY McKEAN AMENDMENTS FILED S-3124 S.F. 304 Nancy Boettger Matt McCoy S-3125 H.F. 651 Eugene S. Fraise S-3126 H.F. 651 Eugene S. Fraise S-3127 H.F. 224 Michael E. Gronstal S-3128 S.F. 392 John W. Jensen Wally E. Horn Dennis H. Black Eugene Fraise Neal Schuerer Stewart E. Iverson, Jr. S-3129 S.F. 395 Robert E. Dvorsky Jeff Angelo ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:30 p.m., until 9:00 a.m., Wednesday, March 24, 1999. 724 JOURNAL OF THE SENATE 72nd Day 72nd Day TUESDAY, MARCH 23, 1999 725
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