Senate Journal: Monday, March 29, 1999

  SEVENTY-EIGHTH CALENDAR DAY
  FORTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, March 29, 1999

  The Senate met in regular session at 1:08 p.m., President Kramer
  presiding.

  Prayer was offered by Harriet Vande Hoef of the Christian
  Reformed Church of Sibley, Iowa.  Mrs. Vande Hoef, wife of the
  Honorable Richard Vande Hoef, former member of the Senate, vocally
  performed "The Lord's Prayer."

  The Journal of Thursday, March 25, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Dearden and Szymoniak until they arrive, on request of Senator
  Gronstal.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 457.

  Senate File 457

  On motion of Senator McKibben, Senate File 457, a bill for an act
  relating to the Iowa educational savings plan trust, and including an
  effective date and retroactive applicability provision, was taken up
  for consideration.

  Senator McKibben offered amendment S-3156 filed by him on
  March 25, 1999, to page 1 of the bill and moved its adoption.
  Amendment S-3156 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 457), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Dearden		McKean		Szymoniak			

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

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Joint Resolution 12.

  Senate Joint Resolution 12

  On motion of Senator Iverson, 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 state wide public measures and providing an
  effective date, with report of committee recommending passage, was
  taken up for consideration.

  Senator Iverson 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.J.R. 12), the vote was:

  Ayes, 28:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Hedge
  Iverson	Jensen	Johnson	King
  Kramer	Lamberti	Lundby	Maddox
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rittmer	Schuerer
  Sexton	Tinsman	Veenstra	Zieman	

  Nays, 19:

  Black	Bolkcom	Connolly	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gronstal	Hammond	Hansen	Harper
  Horn	Judge	Kibbie	McCoy
  Shearer	Soukup	Szymoniak	

  Absent or not voting, 3:

  Dearden	McKean	Rife		

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McKean until he arrives, on request of Senator Boettger.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 453.
  Senate File 453

  On motion of Senator Behn, Senate File 453, a bill for an act
  relating to the Iowa egg council by providing for its administration
  and membership, and providing an effective date, was taken up for
  consideration.

  Senator Behn asked and received unanimous consent that
  House File 721 be substituted for Senate File 453.

  House File 721

  On motion of Senator Behn, 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, was taken up for
  consideration.

  Senator Bartz offered amendment S-3150 filed by him on
  March 25, 1999, to page 2 of the bill and moved its adoption.

  Amendment S-3150 was adopted by a voice vote.

  Senator Behn 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. 721), the vote was:

  Ayes, 47:

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

  Nays, none.
  Absent or not voting, 3:

  Dearden	McKean	Rife		

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

  WITHDRAWN

  Senator Behn asked and received unanimous consent that
  Senate File 453 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 457, Senate Joint Resolution 12 and House File 721
  be immediately messaged to the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 238 and 264.

  Senate File 238

  On motion of Senator Schuerer, Senate File 238, a bill for an act
  relating to drawing the Sac and Fox Indian settlement precinct in
  Tama county, with report of committee recommending passage, was
  taken up for consideration.

  Senator Schuerer asked and received unanimous consent that
  House File 679 be substituted for Senate File 238.

  House File 679

  On motion of Senator Schuerer, House File 679, a bill for an act
  relating to drawing the Sac and Fox Indian settlement precinct in
  Tama county, was taken up for consideration.
  Senator Schuerer moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 679), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Dearden	Rife			

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

  WITHDRAWN

  Senator Schuerer asked and received unanimous consent that
  Senate File 238 be withdrawn from further consideration of the
  Senate.

  Senate File 264

  On motion of Senator Bartz, Senate File 264, a bill for an act
  relating to the regulatory authority of the natural resource
  commission on the Sac and Fox tribe of the Mississippi in Iowa
  settlement in Tama county, was taken up for consideration.

  Senator Bartz offered amendment S-3142 filed by him on
  March 24, 1999, to page 1 of the bill and moved its adoption.
  Amendment S-3142 was adopted by a voice vote.

  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?" (S.F. 264), the vote was:

  Ayes, 48:

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

  Nays, 1:

  Schuerer	

  Absent or not voting, 1:

  Dearden			

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 264 and House File 679 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 315.
  Senate File 315

  On motion of Senator King, Senate File 315, a bill for an act
  creating a loess hills preservation and development alliance,
  providing for its membership, powers and duties, and providing for
  other properly related matters, was taken up for consideration.

  Senator King offered amendment S-3172 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-3172 was adopted by a voice vote.

  Senator King asked and received unanimous consent that
  House File 218 be substituted for Senate File 315.

  House File 218

  On motion of Senator King, House File 218, a bill for an act
  creating a loess hills preservation and development alliance,
  providing for its responsibilities, and providing for other properly
  related matters, was taken up for consideration.

  Senator King asked and received unanimous consent that action
  on House File 218 be deferred.

  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 476, a bill for an act relating to the exercise of the
  power of eminent domain and to condemnation proceedings and
  providing for the Act's applicability.

  Read first time and passed on file.
  House File 737, a bill for an act relating to and making
  appropriations to the department for the blind, the Iowa state civil
  rights commission, the department of elder affairs, the Iowa
  department of public health, the department of human rights, the
  governor's alliance on substance abuse, and the commission of
  veterans affairs, and providing an effective date.

  Read first time and referred to committee on Appropriations.

  ALSO:  That the House has on March 29, 1999, adopted the following
  resolutions in
  which the concurrence of the House was asked:

  Senate Concurrent Resolution 5, a concurrent resolution
  relating to a biennial memorial session.

  Senate Concurrent Resolution 6, a concurrent resolution
  relating to Pioneer Lawmakers.

  INTRODUCTION OF BILLS

  Senate File 462, by committee on Ways and Means, a bill for an
  act relating to veterans' benefits, veterans preference, veterans'
  claims, reimbursement for military service tax exemption, and
  providing a penalty and applicability date.

  Read first time and placed on Ways and Means calendar.

  Senate File 463, by committee on Ways and Means, a bill for an
  act exempting property owned and operated by an Indian housing
  authority from property tax and including an effective date.

  Read first time and placed on Ways and Means calendar.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 2:12 p.m.,
  until 4:00 p.m.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  EDUCATION

  Convened:  March 29, 1999, 2:18 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer,
  Szymoniak, Tinsman, and Veenstra.

  Members Absent:  None.

  Committee Business:  Subcommittee assignments.  Passed SCR 12, and House
  Files
  144 and 743.  Recommended governor's appointees for confirmation.

  Adjourned:  2:31 p.m.

  BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT:  The Secretary of the Senate respectfully reports that the
  following bill has been enrolled, signed by the President of the Senate and
  the Speaker
  of the House, and presented to the Governor for his approval on this 29th
  day of
  March, 1999:

  Senate File 283.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  APPOINTMENTS TO BOARDS AND COMMISSIONS

  In accordance with Senate Rule 59, the following senators were
  appointed to a subcommittee of a standing committee on March 29,
  1999, to investigate the appointment and reappointment of the
  following appointee:

  EDUCATION
  (Reassignment)

  As a member of the State Board of Regents:

  DEBORAH TURNER - Gaskill, Chair; Szymoniak and Rehberg
  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 29,
  1999:

  EDUCATION

  Bill Haigh - Board of Educational Examiners

  Robert Fleming - Iowa Higher Education Loan Authority

  TRANSPORTATION

  Tom Aller - State Transportation Commission


  SUBCOMMITTEE ASSIGNMENTS

  House File 532

  EDUCATION:  Tinsman, Chair; Gaskill and Shearer

  House File 672

  EDUCATION:  Gaskill, Chair; Sexton and Szymoniak

  House File 689

  EDUCATION:  Angelo, Chair; Harper and Redwine

  House File 707

  HUMAN RESOURCES:  Behn, Chair; Bartz and Dvorsky

  House File 708

  HUMAN RESOURCES:  Tinsman, Chair; Harper and Veenstra

  House File 732

  HUMAN RESOURCES:  Redwine, Chair; Boettger and Hammond

  House File 743

  EDUCATION:  Redfern, Chair; Boettger, Connolly, Harper, and Rehberg

  SSB 1212

  EDUCATION:  Veenstra, Chair; Redwine and Dvorsky
  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action:  *SENATE FILE 462 (Formerly SF 291), a bill for an act
  relating to
  veterans' benefits, veterans preference, veterans' claims, reimbursement for
  military
  service tax exemption, and providing a penalty and applicability date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Hedge, Lamberti, Maddox, Redwine, and Soukup.  Nays, none.
  Absent or not voting, 2:  Flynn and McLaren.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Ways and Means Committee on Senate File 462,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  SENATE FILE 463 (Formerly SF 139), a bill for an act
  exempting
  property owned and operated by an Indian housing authority from property tax
  and
  including an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  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:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3170	H.F. 218	Steven D. Hansen
  S-3171	S.F. 419	Richard F. Drake
  S-3172	S.F. 315	Steve King
  S-3173	S.F. 451	Gene Maddox
  S-3174	S.F. 437	Jeff Lamberti
  JoAnn Johnson
  Tom Flynn
  AFTERNOON SESSION

  The Senate reconvened at 4:07 p.m., Senator Lundby presiding.

  The Senate stood at ease at 4:08 p.m. until the fall of the gavel, for
  the purpose of party caucuses.

  The Senate resumed session at 5:09 p.m., President Kramer
  presiding.

  QUORUM CALL

  Senator Iverson requested a non-record roll call to determine that
  a quorum was present.

  The vote revealed 33 present, 17 absent, and a quorum present.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Redwine until he arrives, on request of Senator Behn.

  MOTION TO RECONSIDER ADOPTED

  Senator Dvorsky called up the motion to reconsider
  Senate File 395 filed by him on March 23, 1999, found on page 759 of
  the Senate Journal and moved its adoption.

  On the question "Shall the motion to reconsider be adopted?"
  (S.F. 395) the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Gaskill	Redwine			

  The motion prevailed.

  Senate File 395

  On motion of Senator Angelo, Senate File 395, a bill for an act
  relating to the department of corrections by providing for purchases
  from Iowa prison industries, the study of inmate worker safety
  issues, the establishment of a criminal offense for attempts to escape,
  the crediting of time served by inmates, inmate work program
  agreements, the revolving farm fund, and deductions from inmate
  work program earnings, and making penalties applicable, was taken
  up for reconsideration.

  Senator Angelo offered amendment S-3141 filed by him on
  March 24, 1999, to page 1 of the bill and moved its adoption.

  Amendment S-3141 was adopted by a voice vote.

  Senator Dvorsky offered amendment S-3129 filed by Senators
  Dvorsky and Angelo on March 23, 1999, to page 6 and to the title
  page of the bill and moved its adoption.

  Amendment S-3129 was adopted by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gaskill until he arrives, on request of Senator Sexton.

  BUSINESS PENDING

  The Senate resumed consideration of Senate File 395.
  Senator Angelo moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 395), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Gaskill	Redwine			

  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 Iverson asked and received unanimous consent to take up
  for consideration Senate Files 437 and 301.

  Senate File 437

  On motion of Senator  Lamberti, Senate File 437, a bill for an act
  relating to notification regarding mechanics' liens, was taken up for
  consideration.

  Senator Lamberti offered amendment S-3174 filed by Senators
  Lamberti, Johnson and Flynn from the floor, to page 1 of the bill and
  moved its adoption.
  Amendment S-3174 was adopted by a voice vote.

  Senator Lamberti offered amendment S-3176 filed by Senators
  Lamberti and Flynn from the floor, to page 1 of the bill and moved its
  adoption.

  Amendment S-3176 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?" (S.F. 437), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Gaskill	Redwine			

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

  Senate File 301

  On motion of Senator Miller, Senate File 301, a bill for an act
  relating to grandparent and great-grandparent visitation rights, was
  taken up for consideration.
  Senator Miller moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 301), the vote was:

  Ayes, 32:

  Bartz	Boettger	Dearden	Drake
  Dvorsky	Fink	Flynn	Freeman
  Gaskill	Hansen	Hedge	Iverson
  Jensen	Johnson	Judge	King
  Kramer	Lamberti	Maddox	McKean
  McKibben	McLaren	Miller	Redfern
  Rehberg	Rife	Rittmer	Sexton
  Shearer	Tinsman	Veenstra	Zieman	

  Nays, 17:

  Angelo	Behn	Black	Bolkcom
  Connolly	Deluhery	Fraise	Gronstal
  Hammond	Harper	Horn	Kibbie
  Lundby	McCoy	Schuerer	Soukup
  Szymoniak	

  Absent or not voting, 1:

  Redwine		

  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 Kramer until she returns, on request of Senator Freeman.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 214.
  Senate File 214

  On motion of Senator Rehberg, Senate File 214, a bill for an act
  relating to forestry and forest resource support, sale of trees and
  shrubs in the state nursery stock, and making appropriations, was
  taken up for consideration.

  Senator Hedge took the chair at 5:57 p.m.

  Senator Rehberg 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. 214), the vote was:

  Ayes, 47:

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

  Nays, 1:

  Lamberti	

  Absent or not voting, 2:

  Kramer	Redwine			

  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 214, 301, 395 and 437 be immediately messaged to
  the House.
  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  House File 743 be referred from the Regular Calendar to the
  committee on Appropriations.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy until he returns, on request of Senator Hedge.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 405 and 419.

  Senate File 405

  On motion of Senator Flynn, Senate File 405, a bill for an act
  limiting the liability of financial institutions for certain actions
  arising out of the failure of information technology as the result of a
  year 2000 problem, was taken up for consideration.

  Senator Jensen offered amendment S-3179 filed by Senators
  Jensen, Lamberti and Flynn from the floor, striking everything after
  the enacting clause and to the title page of the bill.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-3179 and Senate File 405 be deferred.

  Senate File 419

  On motion of Senator Drake, Senate File 419, a bill for an act
  applying certain veterinary practice requirements to persons
  providing veterinary medical services, owning a veterinary clinic, or
  practicing veterinary medicine, was taken up for consideration.

  Senator Drake offered amendment S-3171 filed by him from the
  floor, to page 1 of the bill and moved its adoption.
  Amendment S-3171 was adopted by a voice vote.

  Senator Szymoniak asked and received unanimous consent that
  action on Senate File 419 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McKibben until he returns, on request of Senator Miller.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 451.

  Senate File 451

  On motion of Senator Maddox, Senate File 451, a bill for an act
  relating to the payment of the legal defense costs of indigent persons,
  expanding the duties of the state public defender, and providing for
  the appointment and removal of certain state public defender
  personnel, was taken up for consideration.

  Senator Maddox asked and received unanimous consent to
  withdraw amendment S-3173 filed by him from the floor, to pages 1
  and 9 of the bill.

  Senator Maddox offered amendment S-3178 filed by him from the
  floor, to pages 1, 5-9, 12 and 13 of the bill and moved its adoption.

  Amendment S-3178 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 451), the vote was:
  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 4:

  Kramer	McCoy	McKibben	Redwine	

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

  Senator Iverson asked and received unanimous consent that
  Senate File 451 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 29, 1999, concurred in the Senate amendment and passed
  the
  following bill in which the concurrence of the House was asked:

  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.

  ALSO:  That the House has on March 29, 1999, passed the following bills in
  which
  the concurrence of the Senate is asked:
  House File 711, a bill for an act concerning the imposition of a
  drug abuse resistance education surcharge for criminal alcohol
  beverage control offenses.

  Read first time and referred to committee on Judiciary.

  House File 713, a bill for an act relating to protective orders for
  domestic abuse.

  Read first time and referred to committee on Judiciary.

  House File 716, a bill for an act relating to the recording of trials
  before a magistrate.

  Read first time and referred to committee on Judiciary.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  BUSINESS AND LABOR RELATIONS

  Convened:  March 29, 1999, 2:16 p.m.

  Members Present:  McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking
  Member; Behn, Fraise, Hedge, Horn, King, Rife, and Schuerer.

  Members Absent:  Hansen (excused).

  Committee Business:  An informational meeting with Labor Commissioner Byron
  K.
  Orton.

  Adjourned:  3:08 p.m.

  HUMAN RESOURCES

  Convened:  March 29, 1999, 3:05 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer,
  Tinsman, and Veenstra.

  Members Absent:  None.

  Committee Business:  Passed HFs 38, 379, and 402.

  Adjourned:  3:39 p.m.

  TRANSPORTATION

  Convened:  March 29, 1999, 3:10 p.m.

  Members Present:  Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member;
  Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, McKibben, Rittmer, and
  Zieman.

  Members Absent:  None.

  Committee Business:  Passed HF 637.  Recommended governor's appointee for
  confirmation.

  Adjourned:  3:20 p.m.
  CERTIFICATES OF RECOGNITION

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

  Pearl Albert, Brandon - For celebrating your 101st Birthday on April 12,
  1999.
  Senator Rehberg (03/29/99).

  Fern Freeman, Independence - For celebrating your 102nd Birthday on March
  28,
  1999.  Senator Rehberg (03/29/99)

  Jeff Vanis, Central City - For achieving the rank of Eagle Scout.  Senator
  McKean
  (03/29/99).

  Andrew David Welchans, Hamburg - For achieving the rank of Eagle Scout.
  Senator McLaren (03/29/99).

  Casey Carl Welchans, Hamburg - For achieving the rank of Eagle Scout.
  Senator
  McLaren (03/29/99).

  Justin Dean Welchans, Hamburg - For achieving the rank of Eagle Scout.
  Senator
  McLaren (03/29/99).

  SIMILAR BILL RECEIVED

  On March 29, 1999, House File 476 was received and attached to
  similar Senate File 351 on the calendar.


  SUBCOMMITTEE ASSIGNMENTS

  Senate Resolution 10

  STATE GOVERNMENT:  Deluhery, Chair; Drake and Rittmer

  House Joint Resolution 13

  STATE GOVERNMENT:  Deluhery, Chair; Drake and Rittmer

  House File 234

  STATE GOVERNMENT:  Kibbie, Chair; King and Lundby

  House File 343

  AGRICULTURE:  Shearer, Chair; Hedge and Zieman

  House File 501

  JUDICIARY:  Lamberti, Chair; Hammond and Maddox
  House File 521

  BUSINESS AND LABOR RELATIONS:  Freeman, Chair; Behn and Hansen

  House File 647

  JUDICIARY: Maddox, Chair; Hansen and McKibben

  House File 688

  STATE GOVERNMENT:  Fink, Chair; Drake and Szymoniak

  House File 705

  JUDICIARY:  Lamberti, Chair; Angelo and Hammond

  House File 706

  JUDICIARY:  Hansen, Chair; McKibben and Miller

  House File 710

  JUDICIARY:  Fraise, Chair; Lamberti and McKean

  House File 714

  JUDICIARY:  Miller, Chair; Horn and McKean

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 12, a concurrent
  resolution urging that Iowa State University of Science and Technology
  retain the
  name of its College of Agriculture.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Tinsman, and Veenstra.  Nays, 1:
  Szymoniak.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 144, a bill for an act relating to the
  distribution of
  moneys held in trust for a participant in the certified school to career
  program.

  Recommendation:  DO PASS.
  Final Vote:  Ayes, 15:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra.
  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra.
  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  HUMAN RESOURCES

  Final Bill Action:  HOUSE FILE 38, 	a bill for an act eliminating references
  to an
  obsolete federal requirement relating to the attachment of an adoption
  information
  form to an adoption petition and decree.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Boettger, Redwine, Szymoniak, Bartz, Dvorsky,
  Hammond,
  Harper, Miller, Shearer, Tinsman, and Veenstra.  Nays, none.  Absent or not
  voting, 2:
  Behn and Schuerer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 379, a bill for an act changing the name of
  care
  review committee to resident advocate committee.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 402, a bill for an act providing for the
  establishment
  of a scope of practice review committee regarding the proposed licensure of
  certified
  professional midwives.
  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Miller, Shearer, Tinsman, and Veenstra.  Nays, none.
  Absent or
  not voting, 2:  Behn and Schuerer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  HOUSE FILE 637, a bill for an act increasing the fine
  for moving
  traffic violations in school zones.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen,
  Judge,
  Kibbie, McKean, McKibben, Rittmer, and Zieman.  Nays, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3175	S.F. 413	John Redwine
  S-3176	S.F. 437	Jeff Lamberti
  Tom Flynn
  S-3177	H.F. 218	Steve King
  S-3178	S.F. 451	Gene Maddox
  S-3179	S.F. 405	John W. Jensen
  Jeff Lamberti
  Tom Flynn
  S-3180	H.F. 218	Steven D. Hansen

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:39 p.m.,
  until 9:00 a.m., Tuesday, March 30, 1999.
  818	JOURNAL OF THE SENATE	78th Day
  78th Day	MONDAY, MARCH 29, 1999	819

© 1999 Cornell College and League of Women Voters of Iowa

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