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Senate Journal: Thursday, March 25, 1999

  SEVENTY-FOURTH CALENDAR DAY
  FORTY-FOURTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, March 25, 1999

  The Senate met in regular session at 9:12 a.m., President Kramer presiding.

  Prayer was offered by Reverend Lester "Buck" Terlouw, of the Reformed Church
  in America and the Chaplain for the State of
  Iowa American Legion, Cantril, Iowa.

  The Journal of Wednesday, March 24, 1999, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Rehberg for the day, on request of Senator Behn.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up for
  consideration Senate File 190 and House File 347.

  Senate File 190

  On motion of Senator Lundby, Senate File 190, a bill for an act relating to
  the requirements for establishing and operating a
  city cable communication utility, with report of committee recommending
  amendment and passage, was taken up for consideration.

  Senator Lundby asked and received unanimous consent that action on Senate
  File 190 be deferred.
  House File 347

  On motion of Senator Bartz, House File 347, a bill for an act relating to
  rulemaking duties of the department of natural
  resources regarding baled solid waste, with report of committee recommending
  passage, was taken up for consideration.

  Senator Bartz 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. 347), 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	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	
  Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 2:

  Flynn	Rehberg

  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 Redfern until he arrives, on request of Senator Jensen.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up for
  consideration House File 573.

  House File 573

  On motion of Senator Lamberti, 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, with report of
  committee recommending amendment and passage, was taken up for
  consideration.

  Senator Lamberti offered amendment S-3145 filed by the committee on
  Judiciary on March 24, 1999, to pages 1-3 of the bill and
  moved its adoption.

  Amendment S-3145 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. 573), the vote was:

  Ayes, 42:

  Angelo	Bartz	Behn	Black	Boettger	Connolly	Deluhery	Drake	Dvorsky	Fink	Fraise	
  Freeman
  Gaskill	Gronstal	Hansen	Hedge	Horn	Iverson	Jensen	Johnson	Judge	Kibbie	King	
  Kramer
  Lamberti	Lundby	Maddox	McCoy	McKean	McKibben	McLaren	Miller	Redwine	Rife	
  Rittmer
  Schuerer	Sexton	Shearer	Soukup	Tinsman	Veenstra	Zieman
  Nays, 5:

  Bolkcom	Dearden	Hammond	Harper	Szymoniak

  Absent or not voting, 3:

  Flynn	Redfern	Rehberg

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

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:08 a.m., until 1:00
  p.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  LOCAL GOVERNMENT

  Convened:  March 24, 1999, 11:08 a.m.

  Members Present:  Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member;
  Fraise, Gaskill, Hammond, Judge, McCoy, McKean, McKibben, Miller, Rife, and
  Zieman.

  Members Absent:  None.

  Recessed:  12:14 p.m.

  Reconvened:  March 24, 1999, 5:40 p.m.

  Committee Business:  Passed SF 293, as amended.

  Adjourned:  7:13 p.m.

  APPROPRIATIONS

  Convened:  March 25, 1999, 11:08 a.m.

  Members Present:  McLaren, Chair; Behn, Black, Bolkcom, Connolly, Deluhery,
  Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson,King, Lamberti,
  Maddox, Redwine, Rife, Schuerer, Soukup, and Tinsman.

  Members Absent:  Kramer, Vice Chair; Flynn, Ranking Member; McCoy, and
  Rehberg (all excused).

  Committee Business:  Approved SSB 1208.

  Adjourned:  11:20 a.m.

  SUBCOMMITTEE ASSIGNMENTS

  House File 433

  COMMERCE:  King, Chair; Flynn and Maddox

  House File 448

  COMMERCE:  Bolkcom, Chair; Jensen and Johnson

  House File 624

  COMMERCE:  King, Chair; Jensen and McCoy
  House File 649

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Fink and King

  House File 687

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Fink and King

  House File 696

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Fink and King

  COMMITTEE REPORTS

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Final Bill Action:  *SENATE FILE 328, a bill for an act establishing a
  tourism 2000 fund and providing for activities related to a tourism 2000
  congress.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3151.

  Final Vote:  Ayes, 9:  Lundby, Behn, Shearer, Boettger, Hansen, Judge,
  Rittmer, Veenstra, and Zieman.  Nays, 3:  Sexton, Soukup, andTinsman.
  Absent or not
  voting, 1:  Flynn.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Small Business, Economic
  Development, and
  Tourism Committee on Senate File 328, and they were attached to the
  committee report.

  STATE GOVERNMENT

  Final Bill Action:  HOUSE FILE 656, a bill for an act relating to the office
  of secretary of state and the conduct of elections and voter registration in
  the state and
  relating to corrective and technical changes to Iowa's election laws.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3153.

  Final Vote:  Ayes, 13:  Rittmer, Lamberti, Kibbie, Connolly, Dearden,
  Deluhery, Drake, Fink, King, Lundby, Schuerer, Sexton, and Szymoniak.  Nays,
  none.  Absent
  or not voting, 2:  Maddox and McLaren.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AMENDMENTS FILED

  S-3150	H.F. 721	Merlin E. Bartz
  S-3151	S.F. 328	Small Business, Economic Development,
  and Tourism
  S-3152	S.F. 211	Maggie Tinsman
  S-3153	H.F. 656	State Government
  S-3154	S.F. 445	Michael E. Gronstal
  S-3155	H.F. 497	Ken Veenstra
  S-3156	S.F. 457	Larry McKibben
  AFTERNOON SESSION

  The Senate reconvened at 1:22 p.m., Senator Bartz presiding.

  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 25, 1999, passed the following bills in which the concurrence
  of the Senate is asked:

  House File 343, a bill for an act providing for the collection of moneys by
  a county board of supervisors arising out of the
  construction of a drainage improvement within a railroad right-of-way.

  Read first time and referred to committee on Agriculture.

  House File 474, a bill for an act relating to the powers and duties of
  county treasurers by amending Code sections pertaining to %'% special
  assessments, certain motor vehicle ownership transfers, tax statement
  addresses, tax redemption, and tax clearance
  statements for mobile homes, and providing effective date and applicability
  date provisions.

  Read first time and referred to committee on Local Government.

  House File 676, a bill for an act amending provisions in the "Iowa
  Agricultural Industry Finance Act".

  Read first time and referred to committee on Small Business, Economic
  Development, and Tourism.

  House File 688, a bill for an act providing for the designation of a state
  poet laureate.

  Read first time and referred to committee on State Government.

  House File 705, a bill for an act to change the penalties for the criminal
  offense of accommodation involving marijuana.
  Read first time and referred to committee on Judiciary.

  House File 714, a bill for an act relating to alternative forms of
  identification to be attached to a petition in an action for seeking
  a name change.

  Read first time and referred to committee on Judiciary.

  BILL ATTACHED

  Senator Iverson asked and received unanimous consent that House File 721 be
  returned from the committee on Agriculture
  and attached to Senate File 453 on the Regular Calendar.

  PRESENTATION OF VISITORS

  The Chair welcomed fifth grade students from Cody Elementary School, Le
  Clair, Iowa, accompanied by teachers Sonia Vogel,
  Kitty Miller, Dave Langtimn and Joel Haack.  Senator Tinsman.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House Files 347
  and 573 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 221.

  Senate File 221

  On motion of Senator Tinsman, Senate File 221, a bill for an act relating to
  welfare reform provisions involving the family
  investment program and individual development accounts, was taken up for
  consideration.

  Senator Tinsman 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. 221), the vote was:

  Ayes, 46:

  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	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Tinsman	Veenstra	
  Zieman

  Nays, none.

  Absent or not voting, 4:

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

  SPECIAL GUEST

  Senator Jensen introduced the Honorable Merlin Hulse, former member of the
  Senate from Cedar County, Clarence, Iowa.

  BUSINESS PENDING

  Senate File 190

  The Senate resumed consideration of Senate File 190, a bill for an act
  relating to the requirements for establishing and
  operating a city cable communication utility, previously deferred.

  Senator Lundby offered amendment S-3132 filed by her on
  March 24, 1999, striking everything after the enacting clause of the bill
  and moved its adoption.

  Amendment S-3132 was adopted by a voice vote.
  With the adoption of amendment S-3132, the Chair ruled amendment S-3060,
  filed by the committee on Commerce on
  March 15, 1999, to pages 1-3 of the bill, out of order.

  Senator Lundby 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. 190), 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	Maddox	McCoy	McKean	McKibben	McLaren	
  Miller
  Redfern	Redwine	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	
  Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 3:

  Flynn		Lundby		Rehberg		

  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 211.

  Senate File 211

  On motion of Senator Tinsman, Senate File 211, a bill for an act relating to
  eligibility of certain disabled persons under the
  optional services coverage category of medical assistance, with report of
  committee recommending passage, was taken up for
  consideration.
  Senator Tinsman asked and received unanimous consent to withdraw amendment
  S-3134 filed by her on March 24, 1999,
  striking everything after the enacting clause and to the title page of the
  bill.

  Senator Tinsman offered amendment S-3152 filed by her from the floor,
  striking everything after the enacting clause and to the
  title page of the bill and moved its adoption.

  Amendment S-3152 was adopted by a voice vote.

  Senator Tinsman 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. 211), 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	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	
  Tinsman
  Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Flynn	Rehberg			

  The bill having received a constitutional majority was declared to have
  passed the Senate and the title, as amended, was agreed
  to.
  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Hedge asked and received unanimous consent to take up for
  consideration Senate Files 228, 292 and 393.

  Senate File 228

  On motion of Senator Connolly, Senate File 228, a bill for an act
  authorizing school districts and nonpublic schools to perform
  certain criminal and abuse record checks, was taken up for consideration.

  Senator Connolly offered amendment S-3051 filed by Senators Connolly and
  Redfern on March 10, 1999, to page 1 of the bill and
  moved its adoption.

  Amendment S-3051 was adopted by a voice vote.

  Senator Connolly 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. 228), the vote was:

  Ayes, 45:

  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	Maddox	McCoy	McKean	McKibben	McLaren	Miller	
  Redfern
  Redwine	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	Veenstra	
  Zieman	

  Nays, 3:

  Freeman	Lundby	Tinsman	

  Absent or not voting, 2:

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

  Senate File 292

  On motion of Senator Connolly, Senate File 292, a bill for an act providing
  for the designation of investigative information
  possessed by the board of educational examiners as privileged and
  confidential, was taken up for consideration.

  Senator Connolly offered amendment S-3119 filed by him on March 23, 1999, to
  page 1 of the bill and moved its adoption.

  Amendment S-3119 was adopted by a voice vote.

  Senator Connolly 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. 292), the vote was:

  Ayes, 42:

  Behn	Black	Boettger	Bolkcom	Connolly	Dearden	Deluhery	Drake	Dvorsky	Fink	
  Fraise	Freeman
  Gaskill	Gronstal	Hammond	Hansen	Harper	Horn	Jensen	Johnson	Judge	Kibbie	King	
  Kramer
  Lamberti	Lundby	Maddox	McCoy	McKean	McKibben	McLaren	Redfern	Redwine	Rittmer	
  Schuerer
  Sexton	Shearer	Soukup	Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, 6:

  Angelo	Bartz	Hedge	Iverson	Miller	Rife	

  Absent or not voting, 2:

  Flynn	Rehberg			

  The bill having received a constitutional majority was declared to have
  passed the Senate and the title was agreed to.
  Senate File 393

  On motion of Senator Veenstra, Senate File 393, a bill for an act allowing
  certain school district bond issues to be issued jointly
  by two or more school districts, was taken up for consideration.

  Senator Rife asked and received unanimous consent to withdraw amendment
  S-3130 filed by him on March 24, 1999, striking
  everything after the enacting clause and to the title page of the bill.

  Senator Rife offered amendment S-3161 filed by him from the floor, striking
  everything after the enacting clause and to the title %'% page of the bill
  and moved its adoption.

  Amendment S-3161 was adopted by a voice vote.

  Senator Veenstra 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. 393), 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	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	
  Tinsman
  Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Flynn	Rehberg			

  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 190,
  211, 221, 228, 292 and 393 be immediately
  messaged to the House.

  UNFINISHED BUSINESS
  (Deferred March 24, 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 24,
  1999.

  Senator Gronstal asked and received unanimous consent to withdraw amendment
  S-3154 filed by him from the floor, to page 4 of
  the bill.

  Senators McKean and Gronstal asked and received unanimous consent to
  withdraw their motions to reconsider the vote by which
  amendment S-3136 to Senate File 445 was adopted by the Senate on March 24,
  1999, filed on March 24, 1999, and found on page
  785 of the Senate Journal.

  Senator Lundby 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. 445), the vote was:
  Ayes, 24:

  Black	Connolly	Dearden	Deluhery	Fink	Fraise	Hansen	Harper	Horn	Iverson	
  Johnson	Judge
  Kibbie	Kramer	Lamberti	Lundby	Maddox	McCoy	Rittmer	Sexton	Shearer	Soukup	
  Szymoniak
  Tinsman	

  Nays, 24:

  Angelo	Bartz	Behn	Boettger	Bolkcom	Drake	Dvorsky	Freeman	Gaskill	Gronstal	
  Hammond
  Hedge	Jensen	King	McKean	McKibben	McLaren	Miller	Redfern	Redwine	Rife	
  Schuerer	Veenstra
  Zieman	

  Absent or not voting, 2:

  Flynn	Rehberg			

  The bill having not received a constitutional majority was declared to have
  failed to pass the Senate.

  The Senate stood at ease at 3:06 p.m. until the fall of the gavel, for the
  purpose of party caucuses.

  The Senate resumed session at 4:20 p.m., President Kramer presiding.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gaskill for the remainder of the day, on request of Senator Iverson.

  UNFINISHED BUSINESS
  (Deferred March 23, 1999)

  Senate File 392

  The Senate resumed consideration of 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, and amendment S-3128 by Senators Jensen, et al., to pages 1-5 of
  the bill, deferred March 23, 1999.

  Senator King asked and received unanimous consent to withdraw amendment
  S-3162 filed by him from the floor to amendment
  S-3148.

  Senator Jensen offered amendment S-3148 filed by Senators Jensen and
  Gronstal on March 24, 1999, striking everything after
  the enacting clause of the bill and moved its adoption.

  Amendment S-3148 was adopted by a voice vote.

  With the adoption of amendment S-3148, the Chair ruled amendment S-3128,
  filed by Senators Jensen, et al., on
  March 23, 1999, to pages 1-5 of the bill, out of order.

  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. 392), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black	Boettger	Bolkcom	Connolly	Dearden	Deluhery	Drake	
  Dvorsky	Fink
  Fraise	Freeman	Gronstal	Hammond	Hansen	Harper	Hedge	Horn	Iverson	Jensen	
  Johnson	Judge
  Kibbie	King	Kramer	Lamberti	Lundby	Maddox	McCoy	McKean	McKibben	McLaren	
  Miller
  Redwine	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	Tinsman	
  Veenstra	Zieman	

  Nays, 1:

  Redfern	

  Absent or not voting, 3:

  Flynn		Gaskill		Rehberg			
  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 460.

  Senate File 460

  On motion of Senator Redwine, Senate File 460, 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, was taken up for consideration.

  Senator Redwine offered amendment S-3164 filed by Senators Redwine and McCoy
  from the floor, to pages 2, 3, 6, 10, 12, 21, 24
  and 25 of the bill and moved its adoption.

  Amendment S-3164 was adopted by a voice vote.

  Senator Redwine asked and received unanimous consent to withdraw amendment
  S-3165 filed by him from the floor, to pages 2,
  3, 8, 9 and 27.

  Senator Redwine offered amendment S-3168 filed by him from the floor, to
  pages 2, 3, 8, 9, 15, 24 and 27 of the bill and moved
  its adoption.

  Amendment S-3168 was adopted by a voice vote.

  Senator Redwine asked and received unanimous consent to withdraw amendment
  S-3163 filed by Senators Redwine and McCoy
  from the floor, to page 12 of the bill.

  Senator Bartz asked and received unanimous consent to withdraw amendment
  S-3159 filed by him from the floor, to page 19 of
  the bill.
  Senator Boettger offered amendment S-3160 filed by Senators Boettger and
  Bolkcom from the floor, to pages 25-27 of the bill
  and moved its adoption.

  Amendment S-3160 was adopted by a voice vote.

  Senator Redwine 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. 460), the vote was:

  Ayes, 47:

  Angelo	Bartz	Behn	Black	Boettger	Bolkcom	Connolly	Dearden	Deluhery	Drake	
  Dvorsky	Fink
  Fraise	Freeman	Gronstal	Hammond	Hansen	Harper	Hedge	Horn	Iverson	Jensen	
  Johnson	Judge
  Kibbie	King	Kramer	Lamberti	Lundby	Maddox	McCoy	McKean	McKibben	McLaren	
  Miller
  Redfern	Redwine	Rife	Rittmer	Schuerer	Sexton	Shearer	Soukup	Szymoniak	
  Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 3:

  Flynn	Gaskill	Rehberg			
  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 392
  and 460 be immediately messaged to the
  House.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Soukup for the remainder of the day, on request of Senator Gronstal.
  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up for
  consideration Senate File 441 and 443.

  Senate File 441

  On motion of Senator Redfern, Senate File 441, a bill for an act providing
  an exemption from certain requirements of self-
  insured accident and health insurance plans provided by school corporations,
  was taken up for consideration.

  Senator Redfern offered amendment S-3167 filed by him from the floor, to
  page 1 of the bill and moved its adoption.

  Amendment S-3167 was adopted by a voice vote.

  With adoption of amendment S-3167, the Chair ruled amendment S-3079, filed
  by Senator Redfern on March 16, 1999, to page 1
  of the bill, out of order.

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

  On the question "Shall the bill pass?" (S.F. 441), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black	Boettger	Bolkcom	Connolly	Dearden	Deluhery	Drake	
  Dvorsky	Fink
  Fraise	Freeman	Gronstal	Hammond	Hansen	Harper	Hedge	Horn	Iverson	Jensen	
  Johnson	Judge
  Kibbie	King	Kramer	Lamberti	Lundby	Maddox	McCoy	McKean	McKibben	McLaren	
  Miller
  Redfern	Redwine	Rittmer	Schuerer	Sexton	Shearer	Szymoniak	Tinsman	Veenstra	
  Zieman

  Nays, none.
  Absent or not voting, 5:

  Flynn	Gaskill	Rehberg	Rife	Soukup

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

  Senate File 443

  On motion of Senator Bartz, Senate File 443, a bill for an act relating to
  liens arising out of contracts involving the care and %'% feeding of
  livestock, and providing an effective date, was taken up for consideration.

  Senator Bartz offered amendment S-3166 filed by him from the floor, striking
  everything after the enacting clause and to the
  title page of the bill and moved its adoption.

  Amendment S-3166 was adopted by a voice vote.

  Senator Bartz asked and received unanimous consent that
  House File 322 be substituted for Senate File 443.

  House File 322

  On motion of Senator Bartz, House File 322, a bill for an act relating to
  production contracts, providing penalties, and providing
  an effective date, was taken up for consideration.

  Senator Bartz asked and received unanimous consent that action on House File
  322 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that Senate File 441 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 bill in which the concurrence
  of the Senate is asked:

  House File 686, a bill for an act providing registration requirements and
  establishing a scope of authority for dental assistants,
  and providing an effective date.

  Read first time and referred to committee on State Government.

  ALSO:  That the House has on March 25, 1999, passed the following bills in
  which the concurrence of the Senate is asked:

  House File 501, a bill for an act relating to the definitions and penalties
  applicable to conviction of certain felonies, by making
  changes related to the offenses of assault and willful injury and making
  changes in the mandatory minimum penalties for certain
  felony offenses.

  Read first time and referred to committee on Judiciary.

  House File 521, a bill for an act relating to the licensure and operation of
  employment agencies and providing a penalty.

  Read first time and referred to committee on Business and Labor Relations.

  House File 590, a bill for an act relating to residency requirements for
  county, city, and school district elective offices and
  relating to the election of township officers.

  Read first time and referred to committee on State Government.

  House File 706, a bill for an act establishing the criminal offense of laser
  pointer harassment, and providing a penalty.

  Read first time and referred to committee on Judiciary.

  INTRODUCTION OF BILL

  Senate File 461, by committee on Appropriations, a bill for an act relating
  to educational assistance for members of the national %'% guard.

  Read first time and placed on Appropriations calendar.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened:  March 25, 1999, 8:35 a.m.

  Members Present:  Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking
  Member; Angelo, Bartz, Behn, Hedge, Judge, Kibbie, Sexton, Shearer, Soukup,
  and
  Veenstra.

  Members Absent:  Black and Zieman (both excused).

  Committee Business:  Passed HFs 293, 312, and 412.

  Adjourned:  9:05 a.m.

  COMMERCE

  Convened:  March 25, 1999, 10:18 a.m.

  Members Present:  Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking
  Member; Bolkcom, Gronstal,  Hansen, Johnson, King, Lamberti, Lundby, McCoy,
  Redfern, Redwine, and Schuerer.

  Members Absent:  Flynn (excused).

  Committee Business:  Passed HFs 345, 445, 458, and 461.

  Adjourned:  10:48 a.m.


  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:

  JUDICIARY

  Alicia Claypool - Iowa State Civil Rights Commission
  David Leshtz - Iowa State Civil Rights Commission

  Frances Colston - Board of Corrections
  Robyn Mills - Board of Corrections
  Arthur Neu - Board of Corrections
  STUDY BILL RECEIVED

  SSB 1212	Education

  Establishing a podiatric graduate student forgivable loan program and fund.

  SUBCOMMITTEE ASSIGNMENTS

  House File 472

  LOCAL GOVERNMENT:  McKean, Chair; Fraise and Zieman

  House File 531

  AGRICULTURE:  Veenstra, Chair; Sexton and Shearer

  House File 620

  TRANSPORTATION:  McCoy, Chair; Drake and Jensen


  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Mike Barberra, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).%'%
  Eric Beer, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).

  Luke Brunkhorst, Iowa Falls High School - For winning the 1999 Boys' State
  2-A Basketball Championship.  Senator Iverson (03/25/99).

  Coach Dave Collison, Iowa Falls High School - For coaching the Iowa Falls
  Cadets to their second Consecutive 2-A Boys' State Basketball Championship.
  Senator Iverson (03/25/99).

  Nick Collison, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship and for being named Captain ofthe All-Tournament
  Team.  Senator Iverson (03/25/99).

  Davenport Assumption High School, Davenport - For winning the Iowa Class 3-A
  Boys' Basketball State Championship.  Senator Tinsman (03/25/99).

  Mike Ellingson, Iowa Falls High School - For winning the 1999 Boys' State
  2-A Basketball Championship.  Senator Iverson (03/25/99).
  Kirk Hinrich, Sioux City West High School - For being selected Captain of
  the 1999 Basketball All-Tournament Team.  Senator Hansen (03/25/99).

  Tony Howard, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).

  Rose Hrdlicka, Cresco - For celebrating your 100th Birthday on April 11,
  1999.  Senator Soukup (03/25/99).

  Patrice Kraus, Stilwell Junior High School - For receiving an Iowa
  Distinguished Teacher Award.  Senator Kramer (03/25/99).

  Joey Liekweg, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).%'%
  Michael Lindeman, Iowa Falls High School - For winning the 1999 Boys' State
  2-A Basketball Championship and being named to the All-Tournament Team.
  Senator Iverson (03/25/99).

  Slaven Markovic, Sioux City West High School - For being selected to the
  1999 Basketball All-Tournament Team.  Senator Hansen (03/25/99).

  Jordan Meier, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).%'%
  Brian Nail, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).

  Matt Neubauer, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).%'%
  Jared Peterson, Iowa Falls High School - For winning the 1999 Boys' State
  2-A Basketball Championship.  Senator Iverson (03/25/99).

  Jason Rieber, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).%'%
  Mike Roelfs, Iowa Falls High School - For winning the 1999 Boys' State 2-A
  Basketball Championship.  Senator Iverson (03/25/99).

  Sioux City West High School Boys' Basketball Team - For winning the 1999 4-A
  Boys' Basketball State Championship.  Senator Hansen (03/25/99).

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  HOUSE FILE 293, a bill for an act providing for the
  administration of assessments collected by the Iowa sheep and wool promotion
  board.

  Recommendation:  DO PASS.
  Final Vote:  Ayes, 13:  Gaskill, Miller, Fraise, Angelo, Bartz, Behn, Hedge,
  Judge, Kibbie, Sexton, Shearer, Soukup, and Veenstra.  Nays, none.  Absent
  or not
  voting, 2:  Black and Zieman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 312, a bill for an act relating to regulation
  of the grain industry and providing for civil penalties.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Gaskill, Angelo, Bartz, Behn, Hedge, Judge, Kibbie,
  Sexton, Shearer, Soukup, and Veenstra.  Nays, 2:  Millerand Fraise.  Absent
  or not
  voting, 2:  Black and Zieman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 412, a bill for an act providing for the
  membership of the advisory board to the Leopold center for sustainable
  agriculture.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Gaskill, Miller, Fraise, Angelo, Bartz, Behn, Hedge,
  Kibbie, Sexton, Shearer, Soukup, Judge, and Veenstra.  Nays, none.  Absent
  or not
  voting, 2:  Black and Zieman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 461 (SSB 1208), a bill for an act relating
  to educational assistance for members of the national guard.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 21:  McLaren, Behn, Black, Bolkcom, Connolly, Deluhery,
  Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti,
  Maddox, Redwine, Rife, Schuerer, Soukup, and Tinsman.  Nays, none.  Absent
  or not voting, 4:  Kramer, Flynn, McCoy, and Rehberg.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  COMMERCE

  Final Bill Action:  HOUSE FILE 345, a bill for an act relating to
  permissible fees to be charged for maintaining a demand deposit account with
  a line of credit.

  Recommendation:  DO PASS.
  Final Vote:  Ayes, 11:  Jensen, Maddox, Deluhery, Gronstal, Hansen, Johnson,
  Lamberti, Lundby, McCoy, Redwine, and Schuerer.  Nays, 1:  Bolkcom.  Absent
  or
  not voting, 3:  Flynn, King, and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 445, a bill for an act relating to the rights
  of a dissenting shareholder of a state bank.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Jensen, Maddox, Deluhery, Bolkcom, Gronstal, Hansen,
  Johnson, Lamberti, Lundby, McCoy, Redfern, Redwine, andSchuerer.  Nays,
  none.
  Absent or not voting, 2:  Flynn and King.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 8:  Jensen, Maddox, Bolkcom, Johnson, Lamberti, Lundby,
  Redwine, and Schuerer.  Nays, 4:  Deluhery, Hansen, King,and McCoy.  Absent
  or not
  voting, 3:  Flynn, Gronstal, and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 461, a bill for an act relating to filing of
  a notice of an assignment of a mortgage and providing aneffective and
  applicability date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Jensen, Maddox, Deluhery, Bolkcom, Gronstal, Hansen,
  Johnson, Lamberti, Lundby, McCoy, Redfern, Redwine, andSchuerer.  Nays,
  none.
  Absent or not voting, 2:  Flynn and King.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  LOCAL GOVERNMENT

  Final Bill Action:  SENATE FILE 293 (SSB 1063), a bill for an act relating
  to the development and management of land, by providing for planning and
  revenue,
  providing an effective date, and making a provision retroactively
  applicable.
  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3158.

  Final Vote:  Ayes, 10:  Angelo, Bartz, Bolkcom, Fraise, Gaskill, Judge,
  McKean, McKibben, Miller, and Zieman.  Nays, 2:  McCoy and Rife.  Pass, 1:
  Hammond.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 445
  failed to pass the Senate on March 25, 1999.

  MICHAEL E. GRONSTAL

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 445
  failed to pass the Senate on March 25, 1999.

  ANDY McKEAN

  AMENDMENTS FILED

  S-3157	S.F. 83	Gene Maddox
  S-3158	S.F. 293	Local Government
  S-3159	S.F. 460	Merlin E. Bartz
  S-3160	S.F. 460	Nancy Boettger
  Joe Bolkcom
  S-3161	S.F. 393	Jack Rife
  S-3162	S.F. 392	Steve King
  S-3163	S.F. 460	John Redwine
  Matt McCoy
  S-3164	S.F. 460	John Redwine
  Matt McCoy
  S-3165	S.F. 460	John Redwine
  S-3166	S.F. 443	Merlin E. Bartz
  S-3167	S.F. 441	Donald B. Redfern
  S-3168	S.F. 460	John Redwine
  S-3169	H.F. 218	Steven D. Hansen

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:06 p.m., until 1:00
  p.m., Monday, March 29, 1999.

  CORRECTION:  Senate Files 278 and 452, were referred from the Regular
  Calendar on Monday, March 22, 1999, to the committee on Ways and Means  not
  State Government.
  818	JOURNAL OF THE SENATE	74th Day
  74th Day	THURSDAY, MARCH 25, 1999	817

Previous Day: Wednesday, March 24Next Day: Monday, March 29
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