Senate Journal: Monday, April 5, 1999

  EIGHTY-FIFTH CALENDAR DAY
  FORTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, April 5, 1999

  The Senate met in regular session at 1:14 p.m., President Kramer
  presiding.

  Prayer was offered by Pastor Tom Dettmer, of Bethany Lutheran
  Church, Spencer, Iowa.

  The Journal of Thursday, April 1, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator McKean for the day, on request of Senator Redwine; Senator Iverson
  until
  he arrives, on request of Senator Hedge; Senators Hansen and Connolly until
  they
  arrive, on request of Senator Gronstal; Senator Flynn until he arrives, on
  request of
  Senator Fink.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Hedge asked and received unanimous consent to take up
  for consideration House Files 38 and 403.

  House File 38

  On motion of Senator Hammond, 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, with report of committee recommending passage,
  was taken up for consideration.
  Senator Hammond 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. 38), the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Connolly	Flynn	Hansen	Iverson
  McKean		

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

  House File 403

  On motion of Senator Dvorsky, House File 403, a bill for an act
  relating to the fingerprinting of persons or juveniles who have been
  arrested or taken into custody and changing the procedures for the
  collection of a criminal disposition report, with report of committee
  recommending passage, was taken up for consideration.

  Senator Dvorsky 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. 403), the vote was:
  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Connolly	Flynn	Hansen	Iverson
  McKean			

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

  IMMEDIATELY MESSAGED

  Senator Hedge asked and received unanimous consent that House
  Files 38 and 403 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 31, 1999, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 723, a bill for an act prohibiting the mistreatment of
  persons and animals and providing for penalties.

  Read first time and referred to committee on Judiciary.

  House File 745, a bill for an act appropriating funds to the
  department of economic development, certain board of regents
  institutions, the department of workforce development, and the
  public employment relations board, making related statutory
  changes, and providing an effective date.

  Read first time and referred to committee on Appropriations.

  ALSO:  That the House has on April 1, 1999, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  House File 136,  a bill for an act relating to the criminal offenses
  that require registration as provided in the sex offender registry law
  and providing an effective date.

  House File 209, a bill for an act relating to increasing the penalty
  for eluding or attempting to elude an official law enforcement vehicle.

  House File 224, a bill for an act relating to qualifications and
  terms of commissioners and the management and operation of certain
  public hospitals.

  House File 571, a bill for an act relating to the deposit of public
  funds and the conditions which must be met by a savings and loan
  association or savings bank to be eligible to receive such deposits, and
  providing an effective date.

  INTRODUCTION OF BILL

  Senate File 468, by committee on Appropriations, a bill for an act
  relating to and making appropriations to the justice system and
  providing effective dates.

  Read first time and placed on Appropriations calendar.

  RECESS

  On motion of Senator Hedge, the Senate recessed at 1:31 p.m.,
  until 3:00 p.m.
  APPENDIX

  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in enrolling
  Senate File 203, the following corrections were made:

  1. Page 15, line 6, the word "fire-fighting" was changed to the words "fire
  fighting".
  2. Page 15, line 8, the words "ten dollar" were changed to the word
  "ten-dollar."
  3. Page 16, line 29, a period was added after the number "5".

  MICHAEL E. MARSHALL
  Secretary of the Senate

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 468 (SSB 1205), a bill for an act relating
  to and
  making appropriations to the justice system and providing effective dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 17:  McLaren, Kramer, Behn, Black, Freeman, Hedge,
  Jensen,
  Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Schuerer, Soukup,
  and
  Tinsman.  Nays, 6:  Flynn, Bolkcom, Connolly, Deluhery, Dvorsky, and
  Hammond.
  Absent or not voting, 2:  Horn and Rife.

  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 Appropriations Committee on Senate File 468,
  and they
  were attached to the committee report.

  BILLS 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 bills have 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
  5th day
  of April, 1999:

  Senate Files 203 and 361.

  MICHAEL E. MARSHALL
  Secretary of the Senate
  AFTERNOON SESSION

  The Senate reconvened at 3:14 p.m., President Kramer presiding.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Hedge asked and received unanimous consent to take up
  for consideration House Files 497, 349 and 633.

  House File 497

  On motion of Senator Veenstra, House File 497, a bill for an act
  relating to certain programs and public health issues under the
  purview of the Iowa department of public health, with report of
  committee recommending amendment and passage, was taken up for
  consideration.

  Senator Boettger offered amendment S-3113 filed by the
  committee on Human Resources on March 23, 1999, to page 1 of the
  bill and moved its adoption.

  Amendment S-3113 was adopted by a voice vote.

  Senator Veenstra offered amendment S-3199 filed by him on
  March 30, 1999, to page 6 of the bill and moved its adoption.

  Amendment S-3199 was adopted by a voice vote.

  With the adoption of amendment S-3199, the Chair ruled
  amendment S-3155, filed by Senator Veenstra on March 25, 1999, to
  page 6 of the bill, out of order.

  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?" (H.F. 497), the vote was:
  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	Dvorsky	Fink	Flynn
  Fraise	Freeman	Gaskill	Gronstal
  Hammond	Hansen	Harper	Hedge
  Horn	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, 4:

  Connolly	Iverson	McKean	Rife	

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

  House File 349

  On motion of Senator Fink, House File 349, a bill for an act
  eliminating requirements relating to the department of natural
  resources adopting rules requiring public water systems to test
  source water, with report of committee recommending passage, was
  taken up for consideration.

  Senator Fink 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. 349), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	Dvorsky	Fink	Flynn
  Fraise	Freeman	Gaskill	Gronstal
  Hammond	Hansen	Harper	Hedge
  Horn	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, 4:

  Connolly	Iverson	McKean	Rife

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

  House File 633

  On motion of Senator Miller, House File 633, a bill for an act
  restricting the awarding of child visitation rights to a parent
  convicted of murder in the first degree of the other parent, with
  report of committee recommending passage, 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?" (H.F. 633), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

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

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Hedge asked and received unanimous consent to take up
  for consideration House Files 387, 144 and 518.

  House File 387

  On motion of Senator Redfern, House File 387, a bill for an act
  relating to confidentiality for certain taxpayer communications, with
  report of committee recommending passage, was taken up for
  consideration.

  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?" (H.F. 387), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Connolly	Iverson	McKean		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  House File 144

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

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

  On the question "Shall the bill pass?" (H.F. 144), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Connolly	Iverson	McKean		

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

  House File 518

  On motion of Senator Fink, House File 518, a bill for an act
  relating to the fire safety provisions applicable to a bed and breakfast
  inn, with report of committee recommending passage, was taken up
  for consideration.
  Senator Fink 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. 518), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	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
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Connolly	McKean			

  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 House File 659.

  House File 659

  On motion of Senator Redfern, House File 659, a bill for an act
  establishing the crime of identity theft and providing penalties, with
  report of committee recommending passage, was taken up for
  consideration.

  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?" (H.F. 659), the vote was:

  Ayes, 47:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	Dvorsky	Fink	Flynn
  Fraise	Freeman	Gaskill	Gronstal
  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	Szymoniak
  Tinsman	Veenstra	Zieman	

  Nays, 1:

  Hammond	

  Absent or not voting, 2:

  Connolly	McKean			

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

  BILLS PLACED ON UNFINISHED BUSINESS CALENDAR

  Senator Iverson asked and received unanimous consent that the
  following bills be placed on the Unfinished Business Calendar:

  S.F. 465
  S.F. 466
  S.F. 468

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 144, 349, 387, 497, 518, 633 and 659 be immediately
  messaged to the House.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  EDUCATION

  Convened:  April 5, 1999, 2:19 p.m.

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

  Members Absent:  Connolly, Ranking Member; Dvorsky and Gaskill (all
  excused).

  Committee Business:  Recommended governor's appointees for confirmation.

  Adjourned:  2:22 p.m.

  STATE GOVERNMENT

  Convened:  April 5, 1999, 1:40 p.m.

  Members Present:  Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking
  Member;
  Dearden, Deluhery, Drake, Fink, King, Maddox, Schuerer, Sexton, and
  Szymoniak.

  Members Absent:  Connolly, Lundby, and McLaren (all excused).

  Committee Business:  Meeting with Dr. Steven Wettach, candidate for the
  appointment to the Board of Dental Examiners.

  Adjourned:  2:15 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
  April 5,
  1999:

  COMMERCE

  Timothy Lapointe - Iowa Telecommunications and Technology Commission

  EDUCATION

  Mary Settles - Board of Educational Examiners

  David Neil - State Board of Regents
  Owen Newlin - State Board of Regents
  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  5,
  1999, when the votes were taken on House Files 38 and 403.  Had I been
  present, I
  would have voted "Aye" on both.

  TOM FLYNN

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 467

  WAYS AND MEANS:  Hedge, Chair; Bolkcom and Redwine

  SSB 1213

  WAYS AND MEANS:  Lamberti, Chair; Flynn and Redwine

  AMENDMENT FILED

  S-3220	H.F. 501	Jeff Lamberti

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 3:55 p.m.,
  until 9:00 a.m., Tuesday, April 6, 1999.
  916	JOURNAL OF THE SENATE	85th Day
  85th Day	MONDAY, APRIL 5, 1999	915

© 1999 Cornell College and League of Women Voters of Iowa

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