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SEVENTY-THIRD CALENDAR DAY FORTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, March 24, 1999 The Senate met in regular session at 9:15 a.m., President Kramer presiding. Prayer was offered by Pastor H. W. Kramer of the Emmanuel Lutheran Church, Lake View, Iowa. The Journal of Tuesday, March 23, 1999, was approved. SPECIAL GUESTS Senator Boettger introduced the following members of the Future Homemakers of Iowa: National Vice President of Public Relations, Leslie Allensworth, Glenwood; State President, Joy Larson, Oakland; and State Student Body Chair, Melissa Earles, Traer. They were accompanied by their advisors, Vera Larson and Janice Halupnick. INTRODUCTION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Sixty high school students from Eddyville- Blakesburg School District and Baud Aarrolson, Germany, accompanied by Dr. Alan L. Mayer, Mr. Whitver and Mr. Helmut Koolhop. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 136 and Senate Files 277, 319 and 439. House File 136 On motion of Senator Angelo, House File 136, a bill for an act relating to the criminal offenses that require registration as provided in the sex offender registry law and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator Angelo offered amendment S-3018 filed by the committee on Judiciary on February 23, 1999, to page 1 of the bill and moved its adoption. Amendment S-3018 was adopted by a voice vote. Senator Angelo moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 136), the vote was: Ayes, 49: 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Flynn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 277 On motion of Senator Lamberti, Senate File 277, a bill for an act relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner, was taken up for consideration. Senator Lamberti 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. 277), 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 Rife Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Rittmer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 319 On motion of Senator Lamberti, Senate File 319, a bill for an act relating to the deposit of public funds and the conditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits, was taken up for consideration. Senator Lamberti offered amendment S-3104 filed by Senators Lamberti and Deluhery on March 18, 1999, to pages 1, 3-5, 7, 11-13 and to the title page of the bill and moved its adoption. Amendment S-3104 was adopted by a voice vote. Senator Lamberti asked and received unanimous consent that House File 571 be substituted for Senate File 319. House File 571 On motion of Senator Lamberti, House File 571, a bill for an act relating to the deposit of public funds and the conditions which %'% must be met by a savings and loan association or savings bank to be eligible to receive such deposits, and providing an effective %'% date, was taken up for consideration. Senator Lamberti offered amendment S-3106 filed by Senators Lamberti and Deluhery on March 18, 1999, to page 5 of the bill and moved its adoption. Amendment S-3106 was adopted by a voice vote. Senator Lamberti 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. 571), the vote was: Ayes, 49: 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Flynn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Lamberti asked and received unanimous consent that Senate File 319 be withdrawn from further consideration of the Senate. Senate File 439 On motion of Senator Boettger, Senate File 439, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date, was taken up for consideration. Senator Boettger offered amendment S-3131 filed by Senators Boettger, Tinsman and Szymoniak from the floor, to pages 1-5 and 7 of the bill and moved its adoption. Amendment S-3131 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. 439), the vote was: Ayes, 49: 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Flynn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 136 and 571 and Senate File 277 be immediately messaged to the House. PRESENTATION OF VISITORS The Chair welcomed members of the United Methodist Women from the First United Methodist Church, Cedar Falls; Prairie Springs; Washington Chapel; St. Tims United Methodist Church and the Trinity United Methodist Church, Waverly. They were accompanied by Reverend Bruce Ursin, Reverend Steve Hansen, Reverend Keith Scott and Senator Redfern. RECESS On motion of Senator Iverson, the Senate recessed at 10:14 a.m., until 3:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS NATURAL RESOURCES AND ENVIRONMENT Convened: March 24, 1999, 10:23 a.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Members Absent: None. Committee Business: Passed HF 489. Adjourned: 10:27 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: March 24, 1999, 10:20 a.m. Members Present: Lundby, Chair; Behn, Vice Chair; Shearer, Ranking Member; Boettger, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Flynn (excused). Committee Business: Passed SF 328, as amended. Adjourned: 10:55 a.m. STATE GOVERNMENT Convened: March 24, 1999, 11:08 a.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Members Absent: None. Committee Business: Subcommittee assignments. Passed HF 417. Passed HF 656, as amended. Adjourned: 12:02 p.m. WAYS AND MEANS Convened: March 24, 1999, 1:05 p.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Hedge, Lamberti, Maddox, Redwine, and Soukup. Members Absent: Flynn and McLaren (both excused). Committee Business: Passed SF 139 and HF 199. Passed SF 291, as amended. Recommended governor's appointees for confirmation. Adjourned: 1:50 p.m. COMMITTEE REPORTS NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 489, a bill for an act eliminating certain requirements relating to the regulation of infectious waste. Recommendation: DO PASS. Final Vote: Ayes, 15: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: *SENATE JOINT RESOLUTION 12, a joint resolution to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and statewide public measures and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Rules and Administration Committee on Senate Joint Resolution 12, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: HOUSE FILE 417, a bill for an act relating to release of certain information on claimants of the property tax rent reimbursement to the department of inspections and appeals. Recommendation: DO PASS. Final Vote: Ayes, 11: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Schuerer, and Sexton. Nays, none. Absent or not voting, 4: Lundby, Maddox, McLaren, and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 439 passed the Senate on March 24, 1999. NANCY BOETTGER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 439 passed the Senate on March 24, 1999. MICHAEL E. GRONSTAL AMENDMENTS FILED S-3130 S.F. 393 Jack Rife S-3131 S.F. 439 Nancy Boettger Maggie Tinsman Elaine Szymoniak S-3132 S.F. 190 Mary A. Lundby S-3133 S.F. 446 Dick L. Dearden S-3134 S.F. 211 Maggie Tinsman S-3135 S.F. 404 JoAnn Johnson S-3136 S.F. 445 Andy McKean S-3137 S.F. 413 John Redwine AFTERNOON SESSION The Senate reconvened at 3:23 p.m., President Kramer presiding. PRESENTATION OF VISITORS The Chair welcomed fifty students from North High School, Sioux City, Iowa, who were present in the balcony. Senators Hansen and Redwine. UNFINISHED BUSINESS (Deferred March 23, 1999) Senate File 445 The Senate resumed consideration of 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, deferred March 23, 1999. Senator McKean offered amendment S-3136 filed by him from the floor, to pages 2 and 6 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3136 be adopted?" (S.F. 445), the vote was: Ayes, 27: Angelo Bartz Behn Black Boettger Bolkcom Drake Dvorsky Freeman Gronstal Hammond Harper Hedge Jensen King Lundby McKean McKibben Miller Redfern Redwine Rehberg Schuerer Shearer Soukup Tinsman Veenstra Nays, 22: Connolly Dearden Deluhery Fink Fraise Gaskill Hansen Horn Iverson Johnson Judge Kibbie Kramer Lamberti Maddox McCoy McLaren Rife Rittmer Sexton Szymoniak Zieman Absent or not voting, 1: Flynn Amendment S-3136 was adopted. Senator Rife asked and received unanimous consent to withdraw amendment S-3101 filed by him on March 18, 1999, to page 3 of the bill. Senator Zieman asked and received unanimous consent to withdraw amendment S-3108 filed by him on March 22, 1999, to page 6 of the bill. Senator Rittmer offered amendment S-3110 filed by him on March 22, 1999, to page 6 of the bill. Senator Zieman offered amendment S-3114 filed by him on March 23, 1999, to amendment S-3110 and moved its adoption. Amendment S-3114 was adopted by a voice vote. Senator Rittmer moved adoption of amendment S-3110 as amended. Amendment S-3110 was adopted by a voice vote. Senator Lundby offered amendment S-3115 filed by her on March 23, 1999, to page 6 of the bill and moved its adoption. Amendment S-3115 was adopted by a voice vote. President pro tempore Redfern took the chair at 4:23 p.m. Senator McLaren asked and received unanimous consent to withdraw amendment S-3140 filed by him from the floor, to page 3 of the bill. President Kramer took the chair at 4:28 p.m. Senator McCoy offered amendment S-3139 filed by him from the floor, to page 5 of the bill and moved its adoption. Amendment S-3139 was adopted by a voice vote. Senator McCoy offered amendment S-3138 filed by him from the floor, to page 6 and to the title page of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3138 be adopted?" (S.F. 445), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 27: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Gaskill Gronstal Harper Horn Iverson Johnson Kibbie Kramer Lamberti Lundby Maddox McCoy Rife Rittmer Sexton Shearer Soukup Szymoniak Zieman Nays, 22: Angelo Bartz Behn Boettger Fraise Freeman Hammond Hansen Hedge Jensen Judge King McKean McKibben McLaren Miller Redfern Redwine Rehberg Schuerer Tinsman Veenstra Absent or not voting, 1: Flynn Amendment S-3138 was adopted. Senator Gronstal asked and received unanimous consent that action on Senate File 445 be deferred. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 404 and 275. Senate File 404 On motion of Senator Johnson, Senate File 404, a bill for an act relating to a relationship involving real estate licensees and real estate clients, and establishing restrictions on the payment of commissions or other consideration, was taken up for consideration. Senator Johnson offered amendment S-3135 filed by her from the floor, to pages 1 and 2 of the bill and moved its adoption. Amendment S-3135 was adopted by a voice vote. Senator Johnson 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. 404), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise 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, 2: Flynn Freeman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 275 On motion of Senator Szymoniak, Senate File 275, a bill for an act relating to services for children by requiring the department %'% of human services to establish certification or licensing standards for children's centers, was taken up for consideration. Senator Szymoniak offered amendment S-3105 filed by Senators Boettger, Szymoniak and Kramer on March 18, 1999, to page 1 and to the title page of the bill and moved its adoption. Amendment S-3105 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. 275), the vote was: Ayes, 49: 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Flynn 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 275 and 404 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 24, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 322, a bill for an act relating to production contracts, providing penalties, and providing an effective date. Read first time and passed on file. House File 433, a bill for an act relating to the exclusion of certain transactions involving a public utility or common carrier %'% from the applicability of the consumer credit code. Read first time and referred to committee on Commerce. House File 472, a bill for an act relating to burial sites on private property. Read first time and referred to committee on Local Government. House File 721, 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 referred to committee on Agriculture. House File 743, a bill for an act relating to the establishment of an Iowa early intervention block grant program, providing for a school improvement technology block grant program, and making appropriations. Read first time and referred to committee on Education. ALSO: That the House has on March 23, 1999, passed the following bill in which the concurrence of the House was asked: Senate File 203, a bill for an act relating to transportation, including regulation of school buses and special trucks, vehicle titling and registration, commercial driver's licenses, regulations on motor carriers, regulations on motor vehicle manufacturers, %'% distributors, and dealers, size, weight, and load restrictions on vehicles, driver education, transportation of students, equipment on vehicles, recision of a driver's license revocation, and administrative procedures of the state department of transportation, and %'% providing for fees and penalties and an effective date. ALSO: That the House has on March 23, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 620, a bill for an act relating to persons with disabilities by providing for the use of wheelchair parking cones, providing for persons with disabilities registration plates for trailers, and providing for penalties. Read first time and referred to committee on Transportation. House File 649, a bill for an act relating to the issuance of a limited number of deer or wild turkey hunting licenses. Read first time and referred to committee on Natural Resources and Environment. House File 687, a bill for an act relating to the location requirements for a licensed hunting preserve. Read first time and referred to committee on Natural Resources and Environment. House File 689, a bill for an act relating to a proposal by the department of cultural affairs concerning the establishment of an %'% Iowa freedom trail program. Read first time and referred to committee on Education. House File 696, a bill for an act relating to the sale of timber by a county conservation board. Read first time and referred to committee on Natural Resources and Environment. House File 707, a bill for an act relating to regulation of needles by requiring the conducting of a study. Read first time and referred to committee on Human Resources. House File 708, a bill for an act establishing a governor's award for quality care in health care facilities. Read first time and referred to committee on Human Resources. House File 710, a bill for an act providing for the location of the drug enforcement and abuse prevention coordinator and the governor's alliance on substance abuse. Read first time and referred to committee on Judiciary. INTRODUCTION OF RESOLUTION Senate Joint Resolution 12, by committee on Rules and Administration, a joint resolution to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and statewide public measures and providing an effective date. Read first time and placed on calendar. APPENDIX APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees on March 24, 1999, to investigate the appointment and reappointment of the following appointees: BUSINESS AND LABOR RELATIONS As Labor Commissioner: BYRON K. ORTON - Schuerer, Chair; Hedge and Fraise COMMERCE As Consumer Advocate: GARY D. STEWART - Gronstal, Chair; Jensen and King As a member of the Credit Union Review Board: DON GETTINGS - Jensen, Chair; Johnson and Bolkcom As Commissioner of Insurance: THERESE M. VAUGHAN - Jensen, Chair; Deluhery and Redfern As a member of the Iowa Telecommunications and Technology Commission: TIMOTHY LAPOINTE - Lundby, Chair; Lamberti and Hansen As a member of the Utilities Board: SUSAN FRYE - Deluhery, Chair; Schuerer and Maddox EDUCATION As members of the Board of Educational Examiners: BILL HAIGH - Szymoniak, Chair; Rehberg and Tinsman HELEN LEWIS - Redwine, Chair; Angelo and Fink MARY SETTLES - Boettger, Chair; Gaskill and Harper As a member of the Iowa Higher Education Loan Authority: ROBERT FLEMING - Dvorsky, Chair; Tinsman and Veenstra As members of the State Board of Regents: DAVID NEIL - Redfern, Chair; Harper and Rehberg OWEN NEWLIN - Redfern, Chair; Rehberg and Connolly DEBORAH TURNER - Gaskill, Chair; Sexton and Rehberg As a member of the School Budget Review Committee: CONNIE COOK - Redfern, Chair; Shearer and Angelo HUMAN RESOURCES As a member of the Board of Examiners for Athletic Training: JILL MEILAHN - Hammond, Chair; Behn and Schuerer As members of the Board of Behavioral Science Examiners: REBECCA BEACH - Schuerer, Chair; Harper and Tinsman JACK HILLYARD - Behn, Chair; Miller and Szymoniak As a member of the Commission for the Blind: JULIA SCURR - Schuerer, Chair; Veenstra and Hammond As Administrator of the Division of Community Action Agencies: WILLIAM JOSEPH BRAND - Miller, Chair; Bartz and Dvorsky As members of the Commission on Community Action Agencies: KATHY BEAUCHAMP - Bartz, Chair; Veenstra and Harper MICHAEL COVERDALE - Shearer, Chair; Tinsman and Veenstra ARBELLA JETTER - Szymoniak, Chair; Bartz and Behn As a member of the Commission on the Deaf: LOREN WOODS - Boettger, Chair; Behn and Hammond As members of the Commission of Elder Affairs: JOHN LOWE - Harper, Chair; Behn and Veenstra JANE PAULSEN - Hammond, Chair; Miller and Tinsman As members of the State Citizen Foster Care Review Board: RICHARD DICKINSON - Behn, Chair; Tinsman and Dvorsky ALBERT SORENSEN - Tinsman, Chair; Bartz and Hammond As a member of the Health Facilities Council: EDWARD NICHOLS - Shearer, Chair; Behn and Bartz As members of the Iowa Council on Human Investment: THOMAS GLENN - Dvorsky, Chair; Schuerer and Tinsman BETTY GRANDQUIST - Harper, Chair; Behn and Bartz As Director of the Department of Human Services: JESSIE K. RASMUSSEN - Boettger, Chair; Redwine and Szymoniak As members of the Council on Human Services: DIANNE DETHMERS PACA - Bartz, Chair; Schuerer and Veenstra MARK HAVERLAND - Veenstra, Chair; Miller and Szymoniak CHRISTINE LOUSCHER - Tinsman, Chair; Shearer and Veenstra As members of the Mental Health and Developmental Disabilities Commission: LORI BEARS - Dvorsky, Chair; Miller and Veenstra MICHAEL FLAUM - Dvorsky, Chair; Miller and Tinsman JACKIE KIBBIE-WILLIAMS - Veenstra, Chair; Hammond and Behn NANCY McKLVEEN - Szymoniak, Chair; Behn and Schuerer As Director of Public Health: STEPHEN C. GLEASON - Redwine, Chair; Boettger and Szymoniak As Administrator of the Division on the Status of Women: CHARLOTTE B. NELSON - Tinsman, Chair; Hammond and Miller JUDICIARY As members of the Iowa State Civil Rights Commission: ALICIA CLAYPOOL - McCoy, Chair; Angelo and Tinsman DAVID LESHTZ - Dvorsky, Chair; McKean and Tinsman RACHEL SCHERLE - Fraise, Chair; Maddox and Miller As members of the Board of Corrections: FRANCES COLSTON - Maddox, Chair; Hammond and McKean ROBYN MILLS - McCoy, Chair; Boettger and McKibben ARTHUR NEU - Hammond, Chair; Maddox and McKean WALTER REED, JR. - Redfern, Chair; McKean and Hammond As Drug Enforcement and Abuse Prevention Coordinator: R. BRUCE UPCHURCH - Miller, Chair; Lamberti and McCoy As members of the State Judicial Nominating Commission: CRAIG RYPMA - Lamberti, Chair; Maddox and Dvorsky LINDA STEENSLAND - Boettger, Chair; Miller and Hansen As a member of the Commission on Judicial Qualifications: LENNIS MOORE - Fraise, Chair; Maddox and McKean As a member of the Board of Parole: KAREN MUELHAUPT - Maddox, Chair; McKean and Hansen LOCAL GOVERNMENT As a member of the County Finance Committee: JOANNE STOCKDALE - Zieman, Chair; Miller and Judge NATURAL RESOURCES AND ENVIRONMENT As members of the Environmental Protection Commission: JAMES BRAUN - Bartz, Chair; Kibbie and Rehberg ELIZABETH CHRISTIANSEN - Bolkcom, Chair; Rife and Johnson GARY PRIEBE - Bartz, Chair; Fink and Deluhery RITA VENNER - King, Chair; Fink and Gaskill As members of the Natural Resource Commission: PAUL CHRISTIANSEN - Freeman, Chair; Gaskill and Bolkcom CAROL KRAMER - Black, Chair; Kibbie and Rehberg WILLIAM SULLIVAN - Miller, Chair; Drake and Dearden SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM As Director of the Department of Economic Development: DAVID J. LYONS - Flynn, Chair; Hansen and Rittmer As members of the Iowa Economic Development Board: ROBERT BOCKEN - Sexton, Chair; Boettger and Flynn PAMELA SESSIONS - Judge, Chair; Behn and Veenstra STATE GOVERNMENT As members of the Accountancy Examining Board: DOROTHY DUNPHY - Fink, Chair; McLaren and Dearden JAMES EGERTON - Deluhery, Chair; Drake and Fink As Administrator of the Division on the Status of African-Americans: TRAEVENA L. POTTER-HALL - Connolly, Chair; Drake and Deluhery As a member of the Alcoholic Beverages Commission: SHIRLEY DAGGETT - Fink, Chair; Lamberti and McLaren As members of the Architectural Examining Board: GORDON MILLS - Connolly, Chair; Sexton and Kibbie KATHERINE SCHWENNSEN - Connolly, Chair; Dearden and Schuerer As a member of the Board of Barber Examiners: RAYMOND BARKER - Maddox, Chair; Dearden and Lamberti As members of the Board of Chiropractic Examiners: DARYL ENGELEN - King, Chair; Szymoniak and Sexton THOMAS STANZEL - Deluhery, Chair; Drake and Fink As members of the Board of Cosmetology Arts and Sciences Examiners: DAVID CREIGHTON, SR. - Lamberti, Chair; Dearden and Maddox JANET FISHER - Kibbie, Chair; Sexton and Szymoniak TERESA MERTENS - Deluhery, Chair; Drake and Connolly SHEILA O'HERN - Sexton, Chair; Kibbie and Lundby As members of the Board of Dental Examiners: PHYLLIS CACCIATORE - Dearden, Chair; Fink and Maddox STEVEN WETTACH - Szymoniak, Chair; Rittmer and Dearden DEBRA YOSSI - Lundby, Chair; Kibbie and Schuerer As a member of the Engineering and Land Surveying Examining Board: NICHOLAS KONRADY - Sexton, Chair; Dearden and Maddox As members of the Iowa Ethics and Campaign Disclosure Board: MARK McCORMICK - Szymoniak, Chair; Lamberti and Dearden (Appointment and Reappointment) PHYLLIS PETERS - Kibbie, Chair; Sexton and Dearden As members of the Board for the Licensing and Regulation of Hearing Aid Dealers: MARIE CALLAS - Szymoniak, Chair; Lamberti and Dearden PATRICIA STARK - Rittmer, Chair; Deluhery and Connolly As members of the Investment Board of the IPERS: JANET ADAMS - Kibbie, Chair; Sexton and Fink SHIELA RIGGS - Kibbie, Chair; Lundby and Drake As a member of the Landscape Architectural Examining Board: GREGORY JONES - Dearden, Chair; Maddox and Szymoniak As Commissioner of the Lottery: EDWARD J. STANEK - Lamberti, Chair; Dearden and Maddox As members of the Lottery Board: MICHAEL McCOY - Szymoniak, Chair; Lamberti and Dearden SUSAN THOMPSON - Szymoniak, Chair; Maddox and Dearden As members of the Board of Examiners for Massage Therapy: LANA FOGUE - Szymoniak, Chair; Maddox and Lundby LOIS LEYTEM - Connolly, Chair; Drake and Deluhery As members of the Board of Medical Examiners: DIANE NAGLE - Kibbie, Chair; Schuerer and Sexton STUART WINSTON - Maddox, Chair; Szymoniak and Dearden ALLEN ZAGOREN - Maddox, Chair; Szymoniak and Lamberti As members of the Board of Mortuary Science Examiners: J. CRAIG FRATZKE - King, Chair; Kibbie and Sexton MARCUS VIGEN - Drake, Chair; Deluhery and Sexton As a member of the Board of Nursing Examiners: ANNA FALLON - Sexton, Chair; Szymoniak and Lundby As a member of the State Board of Examiners for Nursing Home Administrators: LARRY HERTEL - Fink, Chair; Drake and Deluhery As members of the Board of Optometry Examiners: DUANE ATTEBERRY - Schuerer, Chair; Connolly and Lundby LARRY HICKS - McLaren, Chair; Fink and Kibbie As Director of the Department of Personnel: MOLLIE K. ANDERSON - Fink, Chair; Dearden and Maddox As members of the Board of Pharmacy Examiners: MARY PAT MITCHELL - McLaren, Chair; Fink and Maddox MATTHEW OSTERHAUS - Rittmer, Chair; Connolly and Kibbie As members of the Board of Psychology Examiners: MADONNA RYAN - Lamberti, Chair; Szymoniak and Maddox KUROSH SHAHRIARI - Dearden, Chair; King and Kibbie JACOB SINES - Deluhery, Chair; Drake and Fink As members of the State Racing and Gaming Commission: DIANE L. HAMILTON - Kibbie, Chair; King and Sexton WILLARD HANSEN - Maddox, Chair; Szymoniak and Lamberti JAMES F. HASSENFRITZ - Dearden, Chair; Drake and Deluhery MICHAEL W. MAHAFFEY - Lundby, Chair; Fink and Lamberti RITA SEALOCK - McLaren, Chair; Fink and Maddox As a member of the Real Estate Appraiser Examining Board: SHARON CHISM - Lamberti, Chair; Dearden and Sexton As members of the Real Estate Commission: BARBARA LEESTAMPER - Kibbie, Chair; Lundby and Connolly ROBERT MILLER - Dearden, Chair; Maddox and Szymoniak As members of the Board of Social Work Examiners: LANCE CLEMSEN - Deluhery, Chair; Schuerer and Fink MARK SMITH - Szymoniak, Chair; Schuerer and Fink As a member of the Board of Speech Pathology and Audiology Examiners: TRACY RIAL - Szymoniak, Chair; Maddox and Dearden As a member of the Commission of Veterans Affairs: MARY ELLEN WHITE - Drake, Chair; Kibbie and King As Executive Director of the Commission of Veterans Affairs: BRIAN B. BALES - Kibbie, Chair; Drake and Dearden TRANSPORTATION As a member of the State Transportation Commission: TOM ALLER - Kibbie, Chair; Drake and Jensen WAYS AND MEANS As members of the Iowa Finance Authority: VIRGINIA BORDWELL - Bartz, Chair; McLaren and Bolkcom VINCENT LINTZ - Hedge, Chair; Bartz and Soukup LISA WAGEMAN - Maddox, Chair; Drake and Flynn As Director of Revenue and Finance: GERALD D. BAIR - Johnson, Chair; McKibben and Harper As a member of the State Board of Tax Review: LOWELL NORLAND - McKibben, Chair; Redwine and Harper GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation on March 24, 1999: WAYS AND MEANS Gerald D. Bair - Director of Revenue and Finance Lowell Norland - State Board of Tax Review REPORT OF COMMITTEE MEETINGS JUDICIARY Convened: March 24, 1999, 2:05 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Members Absent: None. Committee Business: Assignment of Governor's appointees to subcommittees. Subcommittee assignments of bills. Passed HFs 165, 242,313, 386, 403, 414, 573, and 659. Adjourned: 3:15 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Daniel Dehrkoop, Marshalltown - For achieving the rank of Eagle Scout. Senator McKibben (03/18/99). Justin Hegland, McCallsburg - For achieving the rank of Eagle Scout. Senator McKibben (03/18/99). Kyle Lloyd Kooima, Sioux Center - For achieving the rank of Eagle Scout. Senator Veenstra (03/24/99). SIMILAR BILL RECEIVED On March 23, 1999, House File 322 was received and attached to similar Senate File 443 on the calendar. MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which S-3136 to Senate File 445 was adopted by the Senate on March 24, 1999. MICHAEL E. GRONSTAL MADAM PRESIDENT: I move to reconsider the vote by which S-3136 to Senate File 445 was adopted by the Senate on March 24, 1999. ANDY McKEAN COMMITTEE REPORTS JUDICIARY Final Bill Action: HOUSE FILE 165, a bill for an act including the preparation or compounding of a controlled substance for one's own use within the definition of manufacturing a controlled substance, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller,Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 242, a bill for an act relating to statutory corrections which may adjust language to reflect currentpractices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates and for retroactive applicability. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3147. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller,Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 313, a bill for an act creating the new criminal offense of disarming a peace officer of a dangerous weapon. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller,Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 386, a bill for an act relating to increasing the penalties for an assault on a jailer. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3146. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller,Redfern, and Tinsman. Nays, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 403, a bill for an act relating to the fingerprinting of persons or juveniles who have been arrested or taken into custody and changing the procedures for the collection of a criminal disposition report. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller,Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 414, a bill for an act relating to carrying a gun in or on a vehicle on a public highway. Recommendation: DO PASS. Final Vote: Ayes, 13: McKean, Lamberti, Hansen, Angelo, Boettger, Fraise, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, 2: Dvorsky and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 573, a bill for an act to change the penalties applicable to the possession, manufacture, or deliveryof 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. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3145. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller,Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 659, a bill for an act establishing the crime of identity theft and providing penalties. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Horn, Maddox, McCoy, McKibben, Miller, Redfern,and Tinsman. Nays, 1: Hammond. Fiscal Note: REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 199, a bill for an act relating to the taxation of aircraft under the state sales, services, and use taxes. Recommendation: DO PASS. Final Vote: Ayes, 12: Johnson, McKibben, Bartz, Bolkcom, Connolly, Deluhery, Drake, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, none. Absent or not voting, 3: Harper, Flynn, and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3138 S.F. 445 Matt McCoy S-3139 S.F. 445 Matt McCoy S-3140 S.F. 445 Derryl McLaren S-3141 S.F. 395 Jeff Angelo S-3142 S.F. 264 Merlin E. Bartz S-3143 H.F. 218 Steve King Derryl McLaren S-3144 S.F. 274 Steve King Derryl McLaren S-3145 H.F. 573 Judiciary S-3146 H.F. 386 Judiciary S-3147 H.F. 242 Judiciary S-3148 S.F. 392 John W. Jensen Michael E. Gronstal S-3149 S.F. 179 Johnie Hammond ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:28 p.m., until 9:00 a.m., Thursday, March 25, 1999. 760 JOURNAL OF THE SENATE 73rd Day 73rd Day WEDNESDAY, MARCH 24, 1999 761
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