Senate Journal: Tuesday, March 30, 1999

  SEVENTY-NINTH CALENDAR DAY
  FORTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, March 30, 1999

  The Senate met in regular session at 9:04 a.m., President Kramer
  presiding.

  Prayer was offered by Pastor Steve Pike of the Martelle Christian
  Church, Martelle, Iowa.

  The Journal of Monday, March 29, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Fraise and Dearden until they arrive, on request of Senator Fink.

  Senator McCoy until he arrives, on request of Senator Shearer.

  Senator Lundby until she returns, on request of Senator Bartz.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 448.

  Senate File 448

  On motion of Senator Judge, Senate File 448, a bill for an act
  relating to the purchase of certain parcels with delinquent taxes by a
  city or county, and providing effective and applicability dates, was
  taken up for consideration.
  Senator Judge offered amendment S-3095 filed by him on
  March 17, 1999, to page 1 of the bill and moved its adoption.

  Amendment S-3095 was adopted by a voice vote.

  Senator Judge 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. 448), the vote was:

  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 4:

  Dearden	Fraise	Lundby	McCoy

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

  UNFINISHED BUSINESS
  (Deferred March 29, 1999)

  Senate File 419

  The Senate resumed consideration of 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, deferred March 29, 1999.
  Senator Drake moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 419), the vote was:

  Ayes, 43:

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

  Nays, 5:

  Boettger	Hedge	Shearer	Soukup
  Szymoniak

  Absent or not voting, 2:

  Dearden	McCoy

  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 419 and 448 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 179, 413, 418 and 408.
  Senate File 179

  On motion of Senator Schuerer, Senate File 179, a bill for an act
  relating to requests and hearings for correction and expungement of
  child abuse information, with report of committee recommending
  passage, was taken up for consideration.

  Senator Hammond offered amendment S-3149 filed by her on
  March 24, 1999, to page 1 of the bill and moved its adoption.

  A non-record roll call was requested.

  The ayes were 24, nays 24.

  Amendment S-3149 lost.

  Senator Maddox took the chair at 9:29 a.m.

  Senator Hammond asked and received unanimous consent that
  action on Senate File 179 be deferred.

  Senate File 413

  On motion of Senator Redwine, Senate File 413, a bill for an act
  providing for access to a safe deposit box on the death of the owner or
  lessee of such box, and exempting state banks from liability
  associated with such access, was taken up for consideration.

  Senator Redwine offered amendment S-3137 filed by him on
  March 24, 1999, to pages 1 and 2 of the bill and moved its adoption.

  Amendment S-3137 was adopted by a voice vote.

  Senator Redwine offered amendment S-3175 filed by him on
  March 29, 1999, to page 2 and to the title page of the bill and moved
  its adoption.

  Amendment S-3175 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. 413), 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	McKean
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 2:

  Dearden	McCoy

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

  Senator Iverson asked and received unanimous consent that
  Senate File 413 be immediately messaged to the House.

  Senate File 418

  On motion of Senator Bartz, Senate File 418, a bill for an act
  relating to the criteria for evaluation of lakes for the purpose of
  improvement or rehabilitation, was taken up for consideration.

  Senator Black asked and received unanimous consent that action
  on Senate File 418 be deferred.
  Senate File 408

  On motion of Senator King, Senate File 408, a bill for an act
  relating to drug and alcohol testing of private sector employees and
  prospective employees pursuant to an employer's drug and alcohol
  testing program, was taken up for consideration.

  Senator King asked and received unanimous consent to withdraw
  amendment S-3123 filed by him on March 23, 1999, to pages 1 and 2
  of the bill.

  Senator King 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. 408), the vote was:

  Ayes, 49:

  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	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman

  Nays, none.

  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.
  UNFINISHED BUSINESS
  (Deferred March 29, 1999)

  Senate File 405

  The Senate resumed consideration of 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, and amendment S-3179 filed by Senators Jensen,
  Lamberti and Flynn on March 29, 1999, striking everything after the
  enacting clause and to the title page of the bill, deferred
  March 29, 1999.

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

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 284.

  Senate File 284

  On motion of Senator Szymoniak, Senate File 284, a bill for an
  act providing for the liability of a person with supervisory or other
  administrative responsibilities over an individual who the person
  knew or was informed committed sexual abuse of a child, with report
  of committee without recommendation, was taken up for
  consideration.

  Senator Flynn offered amendment S-3065 filed by him on
  March 15, 1999, to page 1 of the bill and moved its adoption.

  Amendment S-3065 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 284), the vote was:
  Ayes, 50:

  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
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rife	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Szymoniak	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, none.

  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 284 and 408 be immediately messaged to the
  House.

  BUSINESS PENDING

  Senate File 179

  The Senate resumed consideration of Senate File 179, a bill for
  an act relating to requests and hearings for correction and
  expungement of child abuse information, previously deferred.

  Senator Hammond offered amendment S-3182 filed by her from
  the floor, to page 1 of the bill, moved its adoption and requested a
  record roll call.

  On the question "Shall amendment S-3182 be adopted?" (S.F. 179),
  the vote was:
  Ayes, 24:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	Lundby	McCoy	Rife
  Shearer	Soukup	Szymoniak	Tinsman

  Nays, 26:

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

  Absent or not voting, none.

  Amendment S-3182 lost.

  Senator Dvorsky asked and received unanimous consent that
  action on Senate File 179 be deferred.

  PRESENTATION OF VISITORS

  The Chair welcomed eighth grade students from Camanche Middle
  School accompanied by teacher Willard Larsen.  Senator Rittmer.

  BUSINESS PENDING

  Senate File 405

  The Senate resumed consideration of 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, and amendment S-3179 by Senators Jensen,
  Lamberti and Flynn striking everything after the enacting clause and
  to the title page of the bill, previously deferred.

  Senator Gronstal offered amendment S-3189 filed by him from the
  floor, to amendment S-3179 and moved its adoption.
  Amendment S-3189 was adopted by a voice vote.

  President Kramer took the chair at 10:58 a.m.

  Senator Flynn moved adoption of amendment S-3179, which
  motion prevailed by a voice vote.

  With the adoption of amendment S-3179, the Chair ruled
  amendment S-3187, filed by Senator Gronstal from the floor, to
  page 3 and to the title page of the bill, out of order.

  Senator Flynn 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. 405), the vote was:

  Ayes, 50:

  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
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rife	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Szymoniak	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, none.

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

  Senator Iverson asked and received unanimous consent that
  Senate File 405 be immediately messaged to the House.
  INTRODUCTION OF RESOLUTION

  Senate Resolution 11, by Rehberg and Kibbie, a resolution
  congratulating members of the All-Iowa Community College
  Academic Team.

  Read first time and referred to committee on Rules and
  Administration.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:17 a.m.,
  until 3:00 p.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

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

  Members Present:  King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member;
  Harper and Rittmer.

  Members Absent:  None.

  Committee Business:  Discussion of budget bill shell and decision-making.

  Recessed:  9:05 a.m.

  Reconvened:  March 30, 1999, 7:30 a.m.

  Adjourned:  9:10 a.m.

  AGRICULTURE

  Convened:  March 30, 1999, 8:32 a.m.

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

  Members Absent:  Black (excused).

  Committee Business:  Passed HFs 343 and 531.

  Adjourned:  8:47 a.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  March 30, 1999, 11:25 a.m.

  Members Present:  Bartz, Chair; King, Vice Chair; Fink, Ranking Member,
  Black,
  Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie,
  Miller,
  Rehberg, and Rife.

  Members Absent:  None.

  Committee Business:  Passed HF 696, as amended.  Recommended governor's
  appointees for confirmation.

  Adjourned:  12:25 p.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 30,
  1999:

  HUMAN RESOURCES

  Jill Meilahn - Board of Examiners for Athletic Training

  Rebecca Beach - Board of Behavioral Science Examiners

  William Joseph Brand - Administrator of the Division of Community Action
  Agencies

  Kathy Beauchamp - Commission on Community Action Agencies
  Michael Coverdale - Commission on Community Action Agencies
  Arbella Jetter - Commission on Community Action Agencies

  John Lowe - Commission of Elder Affairs
  Jane Paulsen - Commission of Elder Affairs

  Albert Sorensen - State Citizen Foster Care Review Board

  Edward Nichols - Health Facilities Council

  Thomas Glenn - Iowa Council on Human Investment
  Betty Grandquist - Iowa Council on Human Investment

  Christine Louscher - Council on Human Services

  Lori Bears - Mental Health and Developmental Disabilities Commission
  Michael Flaum - Mental Health and Developmental Disabilities Commission
  Jackie Kibbie-Williams - Mental Health and Developmental Disabilities
  Commission

  Charlotte B. Nelson - Administrator of the Division on the Status of Women

  NATURAL RESOURCES AND ENVIRONMENT

  James Braun - Environmental Protection Commission
  Elizabeth Christiansen - Environmental Protection Commission
  Rita Venner - Environmental Protection Commission

  Paul Christiansen - Natural Resource Commission
  Carol Kramer - Natural Resource Commission
  William Sullivan - Natural Resource Commission


  SUBCOMMITTEE ASSIGNMENTS

  House File 474

  LOCAL GOVERNMENT:  Bartz, Chair; Bolkcom and Zieman
  House File 590

  STATE GOVERNMENT:  Schuerer, Chair; Dearden and King

  House File 711

  JUDICIARY:  McKibben, Chair; Hansen and McKean

  House File 713

  JUDICIARY:  Tinsman, Chair; Lamberti and McCoy

  House File 716

  JUDICIARY:  Miller, Chair; Fraise and McKean

  House File 743

  APPROPRIATIONS:  Redwine, Chair; Connolly, Horn, King, and Rehberg

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  March 1, 1999

  DEPARTMENT OF EDUCATION

  Report on Phase III, a section of the Educational Excellence Program, as
  required
  by Chapter 294A.19.

  IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

  FY '99 Semi-Annual Report of the Office of Renewable Fuels and Co-Products.

  LEGISLATIVE FISCAL BUREAU

  Spreadsheet on  General Funds Receipts for FY '99, through February 28,
  1999.

  IOWA DEPARTMENT OF PUBLIC HEALTH

  1998 Termination of Pregnancy Report.
  March 2, 1999

  LEGISLATIVE FISCAL BUREAU

  Report on Block Grant and Federal Funds Appropriations Bill, Senate Study
  Bill
  1144.

  March 3, 1999

  DEPARTMENT OF NATURAL RESOURCES

  Report for the "Iowa Comparative Risk Project", a report identifying six
  priorities to
  reduce environmental risk to the state.

  March 22, 1999

  IOWA DIVISION OF LATINO AFFAIRS

  Annual Report February 1997-February 1999.

  March 24, 1999

  IOWA CIVIL RIGHTS COMMISSION

  Annual Report FY '98.

  March 26, 1999

  HEALTHY AND WELL KIDS IN IOWA

  Annual Report, HAWK-I Board, pursuant to Iowa Code section 514.I (7)(g).

  ICN AGENCY REPORTS

  January 8, 1999

  DEPARTMENT OF REVENUE AND FINANCE

  ICN Savings Report for FY '98, pursuant to Chapter 8D.10, Code of Iowa.

  March 2, 1999

  IOWA COMMUNICATIONS NETWORK

  Annual Report FY '98.

  March 12, 1999

  IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION

  Letter stating deferment of filling the Executive Director position for the
  Iowa
  Communications Network, pursuant to Iowa Code Section 2.32(4).
  AMENDMENTS FILED

  S-3181	S.F. 462	John P. Kibbie
  S-3182	S.F. 179	Johnie Hammond
  S-3183	S.F. 414	Steve King
  S-3184	S.F. 434	Mike Connolly
  S-3185	S.F. 414	Steve King
  S-3186	S.F. 414	Steve King
  S-3187	S.F. 405	Michael E. Gronstal
  S-3188	S.F. 192	Andy McKean
  S-3189	S.F. 405	Michael E. Gronstal
  S-3190	S.F. 414	Steve King
  S-3191	S.F. 414	Steve King
  S-3192	S.F. 418	Dennis H. Black
  S-3193	S.F. 253	Dennis H. Black
  AFTERNOON SESSION

  The Senate reconvened at 3:43 p.m., President pro tempore
  Redfern presiding.

  The Senate stood at ease at 3:45 p.m. until the fall of the gavel, for
  the purpose of party caucuses.

  The Senate resumed session at 4:11 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 35 present, 15 absent, and a quorum present.

  UNFINISHED BUSINESS
  (Deferred March 15, 1999)

  Senate File 253

  The Senate resumed consideration of Senate File 253, a bill for
  an act concerning reporting requirements for real estate conveyances
  relating to the identification of wells, disposal sites for solid waste,
  underground storage tanks, and hazardous waste, deferred
  March 15, 1999.

  Senator Black offered amendment S-3193 filed by him from the
  floor, to page 1 of the bill and moved its adoption.

  Amendment S-3193 was adopted by a voice vote.

  Senator McCoy offered amendment S-3069 filed by him on
  March 15, 1999, to page 2 and to the title page of the bill and moved
  its adoption.

  Amendment S-3069 was adopted by a voice vote.
  Senator Kibbie 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. 253), the vote was:

  Ayes, 33:

  Bartz	Black	Boettger	Connolly
  Dearden	Deluhery	Fink	Flynn
  Fraise	Freeman	Gaskill	Gronstal
  Hammond	Hansen	Harper	Hedge
  Horn	Iverson	Jensen	Kibbie
  King	Kramer	Maddox	McCoy
  Redfern	Redwine	Rittmer	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, 17:

  Angelo	Behn	Bolkcom	Drake
  Dvorsky	Johnson	Judge	Lamberti
  Lundby	McKean	McKibben	McLaren
  Miller	Rehberg	Rife	Schuerer
  Sexton	

  Absent or not voting, none.	

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

  SPECIAL GUEST

  Senator Kibbie presented Ruby Hermeier, Ringsted, Iowa, who is
  the Iowa Mother of the Year and will participate in the National
  Mother of the Year contest in Hawaii on April 27, 1999.
  Mrs. Hermeier, nominated by Marian Jensen, former Iowa Young
  Mother of the Year, was accompanied by her husband,
  Pastor Hermeier.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 192.
  Senate File 192

  On motion of Senator McKean, Senate File 192, a bill for an act
  relating to open containers in motor vehicles and providing a penalty,
  was taken up for consideration.

  Senator McKean offered amendment S-3188 filed by him from the
  floor, to page 2 of the bill and moved its adoption.

  Amendment S-3188 was adopted by a voice vote.

  Senator McKean 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. 192), the vote was:

  Ayes, 37:

  Behn	Black	Boettger	Bolkcom
  Connolly	Deluhery	Drake	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gronstal	Hammond	Harper	Hedge
  Iverson	Jensen	Johnson	Judge
  King	Kramer	Lundby	Maddox
  McKean	McKibben	Miller	Redfern
  Redwine	Rehberg	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, 13:

  Angelo	Bartz	Dearden	Dvorsky
  Hansen	Horn	Kibbie	Lamberti
  McCoy	McLaren	Rife	Rittmer
  Schuerer	

  Absent or not voting, none.	

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

  Senator Gronstal called up the motion to reconsider
  Senate File 445 filed by him on March 25, 1999, found on page 817 of
  the Senate Journal and moved its adoption.

  On the question "Shall the motion to reconsider be adopted?"
  (S.F. 445) the vote was:

  Ayes, 30:

  Black	Connolly	Dearden	Deluhery
  Fink	Flynn	Fraise	Gaskill
  Gronstal	Hansen	Harper	Iverson
  Johnson	Judge	Kibbie	Kramer
  Lamberti	Lundby	Maddox	McCoy
  McLaren	Rehberg	Rife	Rittmer
  Sexton	Shearer	Soukup	Szymoniak
  Tinsman	Zieman	

  Nays, 20:

  Angelo	Bartz	Behn	Boettger
  Bolkcom	Drake	Dvorsky	Freeman
  Hammond	Hedge	Horn	Jensen
  King	McKean	McKibben	Miller
  Redfern	Redwine	Schuerer	Veenstra	

  Absent or not voting, none.	

  The motion prevailed.

  Senator Gronstal moved to reconsider the vote by which
  Senate File 445 went to its last reading, which motion prevailed by a
  voice vote.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 445 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 192 and 253 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 30, 1999, passed the following bill in which the
  concurrence of
  the House was asked:

  Senate File 404, a bill for an act relating to a relationship
  involving real estate licensees and real estate clients, and
  establishing restrictions on the payment of commissions or other
  consideration.

  ALSO:  That the House has on March 30, 1999, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 661, a bill for an act relating to the offense of sexual
  abuse, providing related definitions, and applying penalties.

  Read first time and referred to committee on Judiciary.

  House File 675, a bill for an act relating to schools and school
  districts by affecting boiler and steam vessel maintenance and
  monitoring, the regular school calendar, superintendent licensure
  and qualifications, and school breakfast programming.

  Read first time and referred to committee on Education.

  House File 700, a bill for an act relating to the liability for unpaid
  rates or charges of a city utility or enterprise service for water,
  sewage, and solid waste services.

  Read first time and referred to committee on Commerce.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 17, by Kibbie, a concurrent
  resolution  to urge that the United States Congress enact and the
  United States Department of Agriculture implement measures
  necessary in order to allow the interstate sale of meat and poultry
  products by state-inspected establishments.
  Read first time and referred to committee on Rules and
  Administration

  BUSINESS PENDING

  Senate File 179

  The Senate resumed consideration of Senate File 179, a bill for
  an act relating to requests and hearings for correction and
  expungement of child abuse information, previously deferred.

  Senator Dvorsky offered amendment S-3200 filed by Senators
  Dvorsky, King and Hammond from the floor, to page 1 of the bill and
  moved its adoption.

  Amendment S-3200 was adopted by a voice vote.

  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?" (S.F. 179), the vote was:

  Ayes, 46:

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

  Nays, 4:

  Hammond	Harper	Shearer	Szymoniak	

  Absent or not voting, none.

  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 179 be immediately messaged to the House.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  March 30, 1999, 2:06 p.m.

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

  Members Absent:  None.

  Committee Business:  Passed HFs 433 and 624.

  Adjourned:  2:30 p.m.

  JUDICIARY

  Convened:  March 30, 1999, 1:10 p.m.

  Members Present:  McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking
  Member;
  Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben,
  Miller, Redfern, and Tinsman.

  Members Absent:  None.

  Committee Business:  Subcommittee assignments.  Passed HFs 210, 308, 387,
  395,
  498, 660, 662, and 711.  Recommended governor's appointees for confirmation.

  Adjourned:  1:55 p.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 30,
  1999:

  JUDICIARY

  Rachel Scherle - Iowa State Civil Rights Commission

  Craig Rypma - State Judicial Nominating Commission

  Lennis Moore - Commission on Judicial Qualifications

  Karen Muelhaupt - Board of Parole
  CERTIFICATES OF RECOGNITION

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

  Eric Hanenstein, Columbus Junction - For achieving the rank of Eagle Scout.
  Senator Shearer (03/30/99).

  Michael M. Payne, Hamburg - For achieving the rank of Eagle Scout.  Senator
  McLaren (03/30/99).

  Russel and Marie Reed, Emmetsburg - For celebrating your 60th Wedding
  Anniversary on March 31, 1999.  Senator Kibbie (03/30/99).

  PRESENTATION OF VISITORS

  The Chair welcomed at the request of Senator Connolly, 11
  Student Council members from Washington Junior High, Dubuque,
  Iowa, who were present in the NE balcony.

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  Gaskill, Miller, Fraise, Bartz, Behn, Hedge, Judge,
  Kibbie,
  Sexton, Shearer, Soukup, Veenstra, and Zieman.  Nays, 1:  Angelo.  Absent or
  not
  voting, 1:  Black.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 531	, a bill for an act providing for the
  certification
  of manure applicators by delaying dates required for certification, and
  providing an
  effective date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  Gaskill, Miller, Fraise, Angelo, Bartz, Behn, Hedge,
  Judge,
  Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman.  Nays, none.  Absent
  or not
  voting, 1:  Black.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  COMMERCE

  Final Bill Action:  HOUSE FILE 433, a bill for an act relating to the
  exclusion of
  certain transactions involving a public utility or common carrier from the
  applicability
  of the consumer credit code.

  Recommendation:  WITHOUT RECOMMENDATION.

  Final Vote:  Ayes, 15:  Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal,
  Hansen,
  Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer.
  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 624	, a bill for an act relating to
  electronic commerce
  security, and providing penalties.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3195.

  Final Vote:  Ayes, 14:  Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal,
  Hansen,
  Johnson, King, Lamberti, Lundby, Redfern, Redwine, and Schuerer.  Nays,
  none.
  Absent or not voting, 1:  McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action:  HOUSE FILE 210	, a bill for an act relating to the
  exclusion of
  certain transactions under the business opportunities law and providing
  effective and
  retroactive applicability dates.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 308, a bill for an act relating to peace
  officer status
  for investigators of the department of inspections and appeals.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  McKean, Lamberti, Hansen, Angelo, Dvorsky, Fraise,
  Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays,
  none.  Absent or not voting, 1:  Boettger.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 387, a bill for an act relating to
  confidentiality for
  certain taxpayer communications.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, Maddox, McKibben, Miller, Redfern, and Tinsman.  Nays, none.
  Absent or not voting, 1:  McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 395, a bill for an act providing that
  defendants
  convicted of class "C" vehicular manslaughter are not bailable on appeal.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  McKean, Lamberti, Hansen, Angelo, Dvorsky, Fraise,
  Horn,
  Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays, 1:  Hammond.
  Absent or not voting, 1:  Boettger.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 498, a bill for an act defining as a
  fraudulent
  practice certain creation or use of retail sales receipts or universal price
  code labels,
  and applying penalties.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3198.

  Final Vote:  Ayes, 15:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 660, a bill for an act relating to certain
  property of a
  debtor which is exempt from execution, and providing an effective date and
  for the
  Act's applicability.

  Recommendation:  DO PASS.
  Final Vote:  Ayes, 15:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.  Nays,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 662, a bill for an act relating to estate
  issues by
  modifying the warranty by a trustee, jurisdiction of the probate court, fees
  payable on
  certain trusts, notice provisions relating to claims against estates, and
  disclaimers
  made by beneficiaries.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, Maddox, McKibben, Miller, Redfern, and Tinsman.  Nays, none.
  Absent or not voting, 1:  McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 711, a bill for an act concerning the
  imposition of a
  drug abuse resistance education surcharge for criminal alcohol beverage
  control
  offenses.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, McKibben, Miller, Redfern, and Tinsman.  Nays, 1:  Maddox.
  Absent
  or not voting, 1:  McCoy.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  HOUSE FILE 234	, a bill for an act limiting the
  liability of the
  state and political subdivisions of the state for certain losses caused by
  the failure of
  computer software or a device containing a computer processor.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Rittmer, Kibbie, Connolly, Dearden, Deluhery, Drake,
  Fink,
  King, McLaren, Schuerer, and Sexton.  Nays, none.  Absent or not voting, 4:
  Lamberti,
  Lundby, Maddox, and Szymoniak.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  HOUSE FILE 518, a bill for an act relating to the fire
  safety
  provisions applicable to a bed and breakfast inn.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Rittmer, Kibbie, Connolly, Dearden, Deluhery, Drake,
  Fink,
  King, McLaren, Schuerer, and Sexton.  Nays, none.  Absent or not voting, 4:
  Lamberti,
  Lundby, Maddox, and Szymoniak.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  March 22, 1999, when the votes were taken on Senate Files 230, 338, 362,
  House Files
  200, 209, 222, and 588.  Had I been present, I would have voted "Aye" on
  all.

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  March 23, 1999, when the votes were taken on Senate Files 76, 304, 324, 395,
  399, 406,
  428, 458, House Files 164, 182, 224, 299, 332, and 443.  Had I been present,
  I would
  have voted "Aye" on all.

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  March 24, 1999, when the votes were taken on Senate Files 275, 277, 404,
  439, House
  Files 136, 571, amendments S-3136 and S-3138.  Had I been present, I would
  have
  voted "Aye" on all.

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  March 25, 1999, when the votes were taken on Senate Files 190, 211, 221,
  228, 292,
  392, 393, 441, 445, 460, House Files 347 and 573.  Had I been present, I
  would have
  voted "Aye" on all.

  TOM FLYNN

  AMENDMENTS FILED

  S-3194	H.F. 531	John P. Kibbie
  S-3195	H.F. 624	Commerce
  S-3196	S.F. 445	Andy McKean
  S-3197	S.F. 445	John Redwine
  S-3198	H.F. 498	Judiciary
  S-3199	H.F. 497	Ken Veenstra
  S-3200	S.F. 179	Robert E. Dvorsky
  Steve King
  Johnie Hammond
  S-3201	H.F. 714	Andy McKean
  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:00 p.m.,
  until 9:00 a.m., Wednesday, March 31, 1999.
  846	JOURNAL OF THE SENATE	79th Day
  79th Day	TUESDAY, MARCH 30, 1999	845

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? sjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Mar 31 13:40:51 CST 1999
URL: /DOCS/GA/78GA/Session.1/SJournal/Day/0330.html
jhf