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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
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