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Senate Journal: Wednesday, April 7, 1999

  EIGHTY-SEVENTH CALENDAR DAY
  FIFTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, April 7, 1999

  The Senate met in regular session at 9:09 a.m., President Kramer
  presiding.

  Prayer was offered by Reverend Lawrence R. Hoffman, pastor of
  Saint Anthony's Church, Des Moines, Iowa.

  The Journal of Tuesday, April 6, 1999, was approved.

  SPECIAL GUESTS

  Senator Hedge introduced the following guests representing the
  Sixty-Fourth Annual Tulip Time Festival:

  Queen Elizabeth Schepel, who introduced the members of her
  court: Rachel Henderson, Lindsey Kraayenbrink, Amy Steenhoek and
  Jessica Van Ee.

  Queen Elizabeth invited the members of the Senate to attend the
  Tulip Time Festival in Pella on May 6, 7 and 8.

  The Queen and her court presented President Kramer with a box
  of Dutch cookies.

  The Queen, her attendants, and their parents distributed the
  famous Dutch cookies to the Senators and staff.

  INTRODUCTION OF GUESTS

  The Chair welcomed University of Northern Iowa students who
  are shadowing several Senators today.
  Senator Boettger took the chair at 9:27 a.m.

  President Kramer took the chair at 9:36 a.m.

  SPECIAL GUESTS

  Senator Black introduced the Honorable William Dieleman, former
  member of the Senate from Marion County, Pella, Iowa

  Senator Iverson introduced the Honorable Ray Taylor, former
  member of the Senate from Hardin County, Steamboat Rock, Iowa.

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

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Black until he returns and Senator Judge for the remainder of the
  week,
  on request of Senator Gronstal; Senators Jensen and Drake until they return,
  on
  request of Senator Iverson; Senator Kibbie until he returns, on request of
  Senator
  Fraise.

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS

  In accordance with Senate Rule 59, Senator Iverson called up the
  following eligible appointees on the En Bloc Confirmation Calendar:

  Dorothy Dunphy, Accountancy Examining Board
  James Egerton, Accountancy Examining Board

  Shirley Daggett, Alcoholic Beverages Commission

  Jill Meilahn, Board of Examiners for Athletic Training

  Raymond Barker, Board of Barber Examiners

  Rebecca Beach, Board of Behavioral Science Examiners
  Jack Hillyard, Board of Behavioral Science Examiners

  Julia Scurr, Commission for the Blind
  Daryl Engelen, Board of Chiropractic Examiners
  Thomas Stanzel, Board of Chiropractic Examiners

  Alicia Claypool, Iowa State Civil Rights Commission
  David Leshtz, Iowa State Civil Rights Commission
  Rachel Scherle, Iowa State Civil Rights Commission

  Kathy Beauchamp, Commission on Community Action Agencies
  Arbella Jetter, Commission on Community Action Agencies

  Frances Colston, Board of Corrections
  Robyn Mills, Board of Corrections
  Arthur Neu, Board of Corrections

  David Creighton, Sr., Board of Cosmetology Arts and Sciences Examiners
  Janet Fisher, Board of Cosmetology Arts and Sciences Examiners
  Teresa Mertens, Board of Cosmetology Arts and Sciences Examiners
  Sheila O'Hern, Board of Cosmetology Arts and Sciences Examiners

  Joanne Stockdale, County Finance Committee

  Loren Woods, Commission on the Deaf

  Debra Yossi, Board of Dental Examiners

  David J. Lyons, Director of the Department of Economic Development

  Robert Bocken, Iowa Economic Development Board
  Pamela Sessions, Iowa Economic Development Board

  Bill Haigh, Board of Educational Examiners
  Helen Lewis, Board of Educational Examiners
  Mary Settles, Board of Educational Examiners

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

  Nicholas Konrady, Engineering and Land Surveying Examining Board

  Elizabeth Christiansen, Environmental Protection Commission
  Rita Venner, Environmental Protection Commission
  Mark McCormick, Ethics and Campaign Disclosure Board
  (Appointment and Reappointment)

  Phyllis Peters, Iowa Ethics and Campaign Disclosure Board

  Richard Dickinson, State Citizen Foster Care Review Board
  Albert Sorenson, State Citizen Foster Care Review Board
  Edward Nichols, Health Facilities Council

  Marie Callas, Board for the Licensing and Regulation of Hearing
  Aid Dealers

  Patricia Stark, Board for the Licensing and Regulation of Hearing
  Aid Dealers

  Robert Fleming, Iowa Higher Education Loan Authority

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

  Dianne Dethmers Paca, Council on Human Services
  Christine Louscher, Council on Human Services

  Virginia Bordwell, Iowa Finance Authority
  Vincent Lintz, Iowa Finance Authority
  Lisa Wageman, Iowa Finance Authority

  Craig Rypma, State Judicial Nominating Commission

  Lennis Moore, Commission on Judicial Qualifications

  Gregory Jones, Landscape Architectural Examining Board

  Edward J. Stanek, Commissioner of the Lottery

  Michael McCoy, Lottery Board
  Susan Thompson, Lottery Board

  Lana Fogue, Board of Examiners for Massage Therapy

  Diane Nagle, Board of Medical Examiners
  Stuart Winston, Board of Medical Examiners
  Allen Zagoren, Board of Medical Examiners

  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

  J. Craig Fratzke, Board of Mortuary Science Examiners

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

  Anna Fallon, Board of Nursing Examiners

  Larry Hertel, State Board of Examiners for Nursing Home
  Administrators

  Duane Atteberry, Board of Optometry Examiners
  Larry Hicks, Board of Optometry Examiners

  Karen Muelhaupt, Board of Parole

  Mary Pat Mitchell, Board of Pharmacy Examiners
  Matthew Osterhaus, Board of Pharmacy Examiners

  Kurosh Shahriari, Board of Psychology Examiners
  Jacob Sines, Board of Psychology Examiners

  Sharon Chism, Real Estate Appraiser Examining Board

  Barbara Leestamper, Real Estate Commission
  Robert Miller, Real Estate Commission

  Gerald D. Bair, Director of Revenue and Finance

  Connie Cook, School Budget Review Committee

  Lance Clemsen, Board of Social Work Examiners
  Tracy Rial, Board of Speech Pathology and Audiology Examiners

  Lowell Norland, State Board of Tax Review

  Timothy Lapointe, Iowa Telecommunications and Technology
  Commission

  Tom Aller, State Transportation Commission

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

  Senator Iverson moved that the foregoing appointees be confirmed
  by the Senate.

  On the question "Shall the appointees be confirmed?" the vote was:

  Ayes, 44:

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

  Nays, none.

  Present, 1:

  McCoy

  Absent or not voting, 5:

  Black	Drake	Jensen	Judge
  Kibbie

  The appointees, having received a two-thirds vote, were declared
  to have been confirmed by the Senate.
  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 April 6, 1999, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 746, a bill for an act relating to and making
  appropriations for agriculture and natural resources and providing
  effective dates.

  Read first time and referred to committee on Appropriations.

  ALSO:  That the House has on April 6, 1999, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 115, a bill for an act relating to alcohol testing of
  private sector employees and prospective employees and providing an
  effective date. (S-3298)

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:32 a.m.,
  until 1:45 p.m.
  APPENDIX

  CERTIFICATES OF RECOGNITION

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

  Associated General Contractors of Iowa - For receiving an award from the
  Associated General Contractors of America for "best infrastructure awareness
  campaign" for AGC of Iowa's four-year effort to restore fiscal integrity to
  Iowa's Road
  Use Tax Fund.  Senator Iverson (04/05/99).

  Carolyn Carroll, Leon - For 28 years of dedicated service as the City Clerk
  of Leon.
  Senator Angelo (04/06/99).

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 6, 1999,
  the Governor approved and transmitted to the Secretary of State the
  following bill:

  S.F. 361 - Relating to enforcement, prevention, education, and treatment for
  substance abuse and sexual abuse, and providing appropriations.

  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in engrossing
  Senate File 468, the following correction was made:

  1. Page 27, line 20, the word and number "Section 101" were changed to the
  word
  and number "Section 23".

  MICHAEL E. MARSHALL
  Secretary of the Senate

  GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR

  The following appointee, assigned to standing committees for investigation,
  was
  placed on the En Bloc Calendar with recommendation for confirmation on April
  6,
  1999:

  COMMERCE

  Don Gettings - Credit Union Review Board
  STUDY BILLS RECEIVED

  SSB 1214	Ways and Means

  Relating to the repeal of local option sales and services taxes.

  SSB 1215	Ways and Means

  Relating to the treatment of manufactured housing under the
  state sales and use taxes, local property taxes, and the requirements
  for the issuance of a certificate of title.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 470

  STATE GOVERNMENT:  Lamberti, Chair; Deluhery and King

  House File 758

  WAYS AND MEANS:  Johnson, Chair; Deluhery and Drake

  SSB 1214

  WAYS AND MEANS:  Hedge, Chair; Johnson and Soukup

  SSB 1215

  WAYS AND MEANS:  Maddox, Chair; Flynn and Johnson

  GOVERNOR'S APPOINTEE PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointee, assigned to standing committee for investigation,
  was
  placed on the Individual Confirmation Calendar with recommendation for
  confirmation
  on April 6,, 1999:

  COMMERCE

  Susan Frye - Utilities Board

  AMENDMENTS FILED

  S-3298	S.F. 115	House
  S-3299	H.F. 737	Patricia Harper
  S-3300	H.F. 737	Joe Bolkcom
  AFTERNOON SESSION

  The Senate reconvened at 1:55 p.m., President Kramer presiding.

  SPECIAL GUESTS

  Senator Flynn introduced the Honorable Richard Norpel, former
  member of the Senate, Jackson County, Bellevue, Iowa, and the
  Honorable Andrew Frommelt, former member of the Senate from
  Dubuque County, Dubuque, Iowa, who were present on the Senate
  floor.

  President Kramer introduced the Honorable Donald Gettings,
  former member of the Senate from Wapello County, Ottumwa, Iowa,
  who was present on the floor of the Senate.

  COMMITTEE FROM THE HOUSE

  A committee from the House appeared and announced that the
  House was ready to receive the Senate in joint convention.

  Senator Hedge moved that the Senate proceed to the House
  Chamber in accordance with Senate Concurrent Resolution 6 in
  columns of two led by the Secretary of the Senate and the Sergeant-
  at-arms.

  The motion prevailed by a voice vote.

  JOINT CONVENTION
  PIONEER LAWMAKERS

  Fifty-Fifth Biennial Session
  House Chamber 2:03 p.m.

  In accordance with Senate Concurrent Resolution 6, the joint
  convention was called to order, President Kramer presiding.

  President Kramer declared a quorum present and the joint
  convention duly organized.
  Senator Hedge moved that a committee of four be appointed to
  escort the Pioneer Lawmakers into the House Chamber.

  The motion prevailed by a voice vote and the President appointed
  as such committee Senators Lamberti and Flynn on the part of the
  Senate; and Representatives Wiedman and Reynolds on the part of
  the House.

  The committee escorted the Pioneer Lawmakers to seats in the
  House Chamber.

  President Kramer presented the Honorable Donald Redfern,
  President pro tempore of the Senate, who welcomed the Pioneer
  Lawmakers on behalf of the Senate.

  President Kramer presented the Honorable Christopher Rants,
  Speaker pro tempore of the House of Representatives, who welcomed
  the Pioneer Lawmakers on behalf of the House.

  President Kramer presented the Honorable Richard F. Drake,
  member of the Senate who responded to the welcome.

  Senator Drake announced the 1979 class of legislators who were
  eligible to become members of the Pioneer Lawmakers.

  Senator Drake presented David Yepsen, Des Moines Register
  columnist, who addressed the joint convention.

  Madame President
  Mr. Speaker
  Pioneer Lawmakers
  Ladies and Gentlemen of the Iowa General Assembly:
  Thank you for inviting me to address the Pioneer Lawmakers session of the
  Legislature.
  When Senator Drake asked me if I would make a few remarks to the Pioneer
  Lawmakers session, I said I surely would and was honored that he asked.
  But I also asked if he had the votes to get that motion approved.
  After all, many of you hear more from me on Monday morning than you really
  care
  to.
  Senator Drake replied "Haven't you ever been to a transportation committee
  meeting?"
  Well, yes, I replied.  They're fun to cover if you're up at that hour or
  don't blink.

  "Then you know I've got the votes," he said. "Just keep it short."

  So thank you Senator for the invitation.  In that spirit, I'll proceed. Far
  be it from
  me to do anything to impede the adjournment of this session.  What was it
  you
  promised, Representative Siegrist - April 23?
  This is actually the second time I have addressed the Iowa General Assembly.
  The
  first time, in June, 1967, I was the 17-year old governor of the American
  Legion Boys
  State program.  They weren't in too good of a mood, mired in a June session
  as they
  were.
  I told them they should lower the voting age.  They didn't.  And legislators
  haven't
  taken my suggestions since, so I'll not preach any here today.
  However, my work has been acknowledged frequently from the floor of each
  chamber although not always in flattering terms.
  I was recognized once by Representative Doderer.  Fourteen years ago this
  month
  she rose on a point of personal privilege to say this was an important day
  for Iowa
  women.
  Everyone looked around the chamber to ask what was going on.  She said
  "David
  Yepsen's wife just had a baby girl and that's going to make him a whole lot
  more
  sensitive to the needs of Iowa women than he's been."
  Well, I want to report, Representative Doderer, that Elizabeth's teachers
  have
  given her the tests and find she has a "slightly liberal" political
  philosophy.  I told
  Governor Vilsack that and he said "Tell your wife she's doing a good job
  raising your
  daughter".
  To the point here today, my friend John Flannery out in the lobby is fond of
  telling
  me that this place is really just one big family.  We've all got our roles
  to play as
  members, as staff, as reporters, doorkeepers, clerks, secretaries or
  lobbyists or pages.
  We work, fight, celebrate and commiserate together. Like it or not, for
  several months
  out of the year we're all thrown together into this hothouse atmosphere
  where we all
  play that part and try to do the right things for the people of Iowa.
  Tell John I think he's right because you don't get to choose all the members
  of your
  real family either.
  Sometimes our family roles conflict.  Most of you understand the press has a
  watchdog role to play in our society. But you still don't like it when we
  write those
  stories about campaign finance, ethics or secrecy in government. But that's
  our job.
  But John's on to something. Regardless of the role we play in this
  statehouse
  family, we all come here with a fierce love of Iowa and a desire to make it
  better.   It's a
  trait that has gone on in these halls for over 100 years and if Senator
  Jensen has his
  way, it'll go on here in a newly restored capitol for another 100 years.
  In fact, it may take 100 years to complete the restoration.
  For decades, men and women from all walks of life have come to this building
  to
  serve Iowa.  Most of could be making more money doing something else.  Most
  make
  personal financial and family sacrifices to be here.    All of us have had
  the unpleasant
  experience of calling a spouse or loved one to tell them we won't be home
  for dinner
  that night or have to work this weekend.
  If it weren't for their understanding many couldn't work here. So on this
  day of
  remembrances, I'd like to acknowledge your families at home who put up with
  so much
  to enable you to be here.  We overlook them too often.
  There also lots of hidden stories in this statehouse family that really
  never get told.
  Like the members who helped one another through tough financial times, or
  help a
  colleague fight an alcohol problem or console one another in time of
  trouble. Some
  great battles have been fought on this floor.  But some lifelong friendships
  have been
  formed here too and today's the day we renew those friendships and forget
  the fights.
  It's a story we don't often write because they're private matters.  But
  they're no less
  real and it's why all of us our saying our prayers for Stew and Jean Iverson
  right now.
  I have noticed over the years there are family rituals to this place and
  Pioneer
  Lawmakers is one of them.
  Every two years we get together to honor the family elders - those members
  who
  came here 20 years ago and to remember those members who have passed away.
  This year, we honor the Class of 1979 - those lawmakers who were first
  elected in
  1978.
  That was just a year after I was assigned to cover the statehouse.  It seems
  like
  yesterday I was walking into the building and thinking what a beautiful but
  intimidating place this was.
  I think most of us can recall a similar memory of our first day walking into
  this
  capitol to go to work, whatever our job. We were all newcomers to the family
  and, truth
  be told, we are all honored to come to work each day.
  I succeeded Jim Flansburg who had succeeded George Mills.  They passed on a
  lot
  of advice: Like:
  "Watch the code editor's bill.  Laverne Schroeder repealed the whole state
  housing
  code one year in that bill."
  And "it isn't really tea that Jimmy Briles has in his cup on the last night
  of the
  session."
  "Watch the IPERS bill to see if there's still someone in Boone County who
  Jack
  Nystrom hasn't got covered.
  "In 20 years, you'll figure out what really went on.  Which is why I'm
  looking
  forward today to finding out what deals really were cut in that usury debate
  of 20
  years ago.
  Or, debate will always be long-winded when it's a bill everyone understands
  and
  short when they don't understand it. So we all know we're in for a long
  afternoon when
  there's a bill about dove hunting, fences or farm pickup trucks.
  Or don't go out with Ed Jones at night if you have to be functional the next
  day.
  1978 was an important election in the country and in Iowa.  It was a
  harbinger
  election that foretold the sweeping change coming in the 1980 election.  In
  Iowa,
  Democratic U.S. Sen. Dick Clark was upset by Roger Jepsen.  It was a
  stunning upset,
  caused as many Catholic and evangelical voters left the Democratic party
  over the
  abortion issue.  For the most part, they have not returned and the shape of
  politics has
  been different ever since.  The change in politics was affirmed in 1980 by
  the Reagan
  landslide, an election that fundamentally changed the nation's philosophy
  toward
  government.
  The change rippled through legislative politics too. Democrats who had won
  the
  Legislature during the Watergate era lost it to the Republicans in 1978.
  The GOP
  control would be short-lived, thanks to the farm crisis of the 1980s that
  made
  Democrats out of many rural voters.
  The only good news for Democrats that year was the election of Tom Miller as
  Iowa's new attorney general.  He defeated the eminently quotable Richard
  Turner, who
  was always a reporters best friend on a slow news day.

  Bob Ray won yet another term as governor, defeating Jerry Fitzgerald.  Lt.
  Gov.
  Art Neu retired from that job, having grown tired of waiting around for Ray
  to leave
  his job.  That enabled an unknown state Representative named Terry Branstad
  to win
  the Lieutenant Governorship and we just all knew that little guy was going
  nowhere in
  Iowa politics.

  A new generation of leaders emerged that year.  Lowell Junkins became
  minority
  leader in the Iowa Senate.  Cal Hultman became majority leader.
  Those two have proven that there really is life after the Legislature and
  it's often
  quite profitable too.
  What the election of 1978 illustrated was something that is still true
  today. Iowa
  has a healthy, vigorous two party system.  The two parties in Iowa compete
  hard with
  one another for the support of Iowans.  When that competition turns nasty
  we're all
  losers.
  But when that competition turns positive as each side tries to out do the
  other by
  offering the best candidates and best ideas they can find, then all of us in
  Iowa are the
  winners.
  That's the kind of session you are having this year and it's commendable.
  A healthy two party system is alive and well in Iowa today.

  The 1979 session of the Legislature was memorable for a couple reasons.
  They had
  a $150 million surplus that year and gave a third of it back to the tax
  payers in a
  rebate.  That's not been repeated since but just imagine what these boys
  could do today
  with a $900 million surplus!
  They also started income tax indexing.  Inflation was 9.4 percent that year
  so that
  meant something to taxpayers. Unlike the rebate, indexing's an idea that
  successors
  have kept around.
  They legalized graduated payment mortgages and variable rate mortgages. They
  cut unemployment benefits and allowed credit unions to run checking
  accounts.
  Much has changed since 1978 and not all of it for the better.  Budgets are
  larger.
  Staffs bigger. The costs of campaigns has exploded and they're about to
  become more
  expensive now that corporate contributions are legal.
  Why, in 1978, you could win an open seat in the Iowa Legislature for less
  than
  $5,000!  Some things never change, though.  If you aren't a member, it's
  still hard to
  find a place to park around here. There are about 30 lobbyists here who are
  former
  members and they'll all tell you the greatest mistake they made while
  serving was in
  not providing more places for people to park.
  But a lot of good things have happened too. It's more business like. The
  work week
  is more family friendly.  Marathon late night sessions are rare.  More women
  serve in
  the Legislature today. Some day when half the membership is female, we'll be
  able to
  say we have a Legislature that truly reflects the population of this state.
  But there I've started to preach and I promised not to do that.  So to
  Senator
  Drake, thank you again for the invitation to address this joint session.  To
  the Pioneer
  Lawmakers, welcome home.  To the members, good luck in making that April 23
  adjournment.
  And to both present and former members in this chamber, I want to say
  something
  those of us in the media rarely say - and that is thank you. Thank you for
  your
  personal sacrifice. Thank you for your public service. Thank you for trying
  to make
  Iowa better and for your willingness to be in what Theodore Roosevelt once
  called "The
  Arena."

  Representative Gipp moved that the joint convention be dissolved
  at 2:30 p.m.

  The motion prevailed by a voice vote.

  The Senate returned to the Senate Chamber and resumed regular
  session.
  SPECIAL GUESTS

  Senator Iverson introduced the Honorable Wayne Bennett, former
  member of the Senate from Ida County, Ida Grove, Iowa, who was
  present on the Senate floor.

  Senator Freeman introduced the Honorable Arne Waldstein,
  former member of the Senate from Buena Vista County, Storm Lake,
  Iowa, who was present on the Senate floor.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Fink for the remainder of the day, on request of Senator Gronstal.
  UNFINISHED BUSINESS

  Senate File 465

  On motion of Senator McKibben, Senate File 465, a bill for an act
  authorizing the establishment of an accelerated career education
  program, providing a tax credit from withholding, and relating to the
  transfer of job training withholding to the workforce development
  fund account, placed on the Unfinished Business Calendar on
  April 5, 1999, was taken up for consideration.

  The Senate stood at ease at 3:29 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 4:31 p.m., President Kramer
  presiding.

  Senator Connolly offered amendment S-3303 filed by him from the
  floor, to pages 3 and 4 of the bill and called for a division: lines 1-6 as
  division A; lines 7-8 as division B; lines 9-13 as division C.

  Senator Connolly moved adoption of amendment S-3303
  division A, which motion lost by a voice vote.

  Senator Connolly moved adoption of amendment S-3303
  division B, which motion lost by a voice vote.

  Senator Connolly moved adoption of amendment S-3303
  division C and requested a record roll call.

  On the question "Shall amendment S-3303 division C be adopted?"
  (S.F. 465), the vote was:

  Ayes, 5:

  Bolkcom	Connolly	Fraise	Hammond
  Kibbie	

  Nays, 43:

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

  Absent or not voting, 2:

  Fink	Judge			

  Amendment S-3303 division C lost.

  Senator Boettger took the chair at 5:03 p.m.

  President Kramer took the chair at 5:30 p.m.

  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. 465), the vote was:

  Ayes, 47:

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

  Nays, 1:

  King	

  Absent or not voting, 2:

  Fink	Judge			
  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 465 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 April 7, 1999, passed the following bills in which the
  concurrence of the
  House was asked:

  Senate File 55, a bill for an act to legalize the transfer of certain
  property by the joint county system of Black Hawk and Buchanan
  counties to the Independence community school district, and
  providing an effective date.

  Senate File 67, a bill for an act relating to the assessment of civil
  damages for the illegal taking of a swan or a crane.

  Senate File 68, a bill for an act relating to counties included in
  the mid-America port commission.

  Senate File 176, a bill for an act relating to the elimination of
  investment counseling as a taxable service under the state sales and
  use taxes.

  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.

  Senate File 265, a bill for an act relating to the taking of
  muskrats by colony trap.

  ALSO:  That the House has on April 7, 1999, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 230, a bill for an act updating the Iowa Code
  references to the Internal Revenue Code, extending the loss
  carryback period for farm net operating losses, providing certain tax
  credits to estates and trusts, and providing an effective date and a
  retroactive applicability date. (S-3302)
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  HUMAN RESOURCES

  Convened:  April 7, 1999, 11:00 a.m.

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

  Members Absent:  Shearer (excused).

  Committee Business:  Recommended governor's appointee for confirmation.

  Adjourned:  12:28 p.m.

  STATE GOVERNMENT

  Convened:  April 7, 1999, 10:38 a.m.

  Members Present:  Rittmer, Chair; Lamberti, Vice Chair; Dearden, King,
  Maddox,
  Schuerer, Sexton, and Szymoniak.

  Members Absent:  Kibbie, Ranking Member; Connolly, Deluhery, Drake, Fink,
  Lundby, and McLaren (all excused).

  Committee Business:  Subcommittee assignment.

  Adjourned:  10:41 a.m.

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 7, 1999,
  the Governor approved and transmitted to the Secretary of State the
  following bill:

  S.F. 203 - Relating to transportation, including regulation of school buses
  and
  special trucks, vehicle titling and registration, commercial driver's
  licenses, regulations
  on motor carriers, regulations on motor vehicle manufacturers, distributors,
  and
  dealers, size, weight, and load restrictions on vehicles, driver education,
  transportation
  of students, equipment on vehicles, recision of a driver's license
  revocation, and
  administrative procedures of the state department of transportation, and
  providing for
  fees and penalties and an effective date.
  CERTIFICATES OF RECOGNITION

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

  Dean Aydelott, Missouri Valley - For achieving the rank of Eagle Scout.
  Senator
  Boettger (05/23/99).

  Estella Boettger, Harlan - For celebrating your 90th Birthday on April 17,
  1999.
  Senator Boettger (04/07/99).

  Steven J. C. Ehrig - For achieving the rank of Eagle Scout.  Senator Rehberg
  (04/07/99).

  Harlan Community High School Jazz Band - For winning the Class 3A State Jazz
  Band Championship.  Senator Boettger (04/07/99).

  Jarrod Knudsen - For achieving the rank of Eagle Scout.  Senator Redwine
  (04/07/99).

  Steve Lawson, Director Harlan Community High School Jazz Band - For winning
  the Class 3A State Jazz Band Championship.  Senator Boettger (04/07/99).

  Jon Lowry - For achieving the rank of Eagle Scout.  Senator Redwine
  (04/07/99).

  Natalie Lukan, Marshalltown - For being the State Winner of the American
  History Contest.  Senator McKibben (04/07/99).

  Operation:  New View Community Action Agency - For celebrating your 25th
  Anniversary.  Senator Flynn (04/07/99).

  GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR

  The following appointee, assigned to standing committees for investigation,
  was
  placed on the En Bloc Calendar with recommendation for confirmation on April
  7,
  1999:

  HUMAN RESOURCES

  Nancy McKlveen - Mental Health and Developmental Disabilities Commission

  SUBCOMMITTEE ASSIGNMENTS

  House File 351

  JUDICIARY:  Angelo, Chair; Fraise and McKean

  House File 683

  JUDICIARY:  Tinsman, Chair; Hansen and Miller
  GOVERNOR'S WITHDRAWAL OF APPOINTEE

  The following letter from the Governor was received in the office of the
  Secretary of
  the Senate on April 7, 1999:

  On March 15 of this year, I submitted the name of Steven Wettach of Henry
  County
  to serve on the Board of Dental Examiners.  At his request, I withdraw his
  name from
  further consideration by the Senate.

  Sincerely,
  THOMAS J. VILSACK
  Governor

  AMENDMENTS FILED

  S-3301	H.F. 218	Merlin E. Bartz
  S-3302	S.F. 230	House
  S-3303	S.F. 465	Michael W. Connolly
  S-3304	H.F. 737	Joe Bolkcom
  S-3305	H.F. 737	Joe Bolkcom
  Robert E. Dvorsky
  Matt McCoy
  Johnie Hammond
  Patrick J. Deluhery
  Eugene Fraise
  Bill Fink
  Dennis H. Black
  Tom Flynn
  Steven D. Hansen
  Michael W. Connolly
  Elaine Szymoniak
  Betty Soukup
  Patricia M. Harper
  Michael E. Gronstal
  John P. Kibbie
  Mark Shearer
  Wally E. Horn
  Dick L. Dearden
  S-3306	H.F. 737	Joe Bolkcom
  Jack Rife

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:46 p.m.,
  until 9:00 a.m., Thursday, April 8, 1999.
  41st


  Memorial


  Service




  Senate Chamber
  Wednesday, April 7, 1999
  7:00 p.m.






  Mary Kramer	             Ron J. Corbett
  West Des Moines	                Cedar Rapids
  President of the Senate	          Speaker of the House

  Michael E. Marshall	         Elizabeth A. Isaacson
  Urbandale	                  Des Moines
  Secretary of the Senate	        Chief Clerk of the House
  JOINT MEMORIAL SERVICE
  SEVENTY-EIGHTH GENERAL ASSEMBLY
  SENATE CHAMBER
  WEDNESDAY, APRIL 7, 1999

  PROGRAM
  Senator John Jensen, presiding

  Prelude...........................................Pianist, Senator Mary
  Kramer

  "Life's Railway to Heaven"............................................C.
  Tillman
  Instrumental: Senator Andy McKean

  Invocation.....................................................Senator John
  Jensen

  MEMORIALS - HOUSE
  Reader:  Representative Dan Boddicker

  MEMORIALS - SENATE and HOUSE
  Reader:  Senator O. Gene Maddox

  MEMORIALS - HOUSE
  Reader:  Representative Donna M. Barry

  "In This Very Room".....................................Ron and Carol Harris
  Memorial Choir:  Directed by Senator Mark S. Shearer
  Accompanied by Senator Mary Kramer

  MEMORIALS - HOUSE and SENATE
  Reading:  Representative Hubert M. Houser and Senator Robert E. Dvorsky

  "On Eagle's Wings"..............................................Michael
  Joncas
  Senator Merlin Bartz

  MEMORIALS - SENATE and HOUSE
  Reading:  Senator Eugene Fraise

  MEMORIALS - HOUSE and SENATE
  Reading:  Representative Dennis May

  MEMORIALS - HOUSE
  Reading:  Senator Michael W. Connolly

  "Let There Be Peace on Earth"..................Sy Miller and Jill Jackson
  Memorial Choir
  IN MEMORIAM

  SERVED IN THE SENATE

  Honorable Max Milo Mills (Marshall County):  61st and 62nd (1965-1968)

  SERVED IN THE HOUSE OF REPRESENTATIVES AND
  THE SENATE

  Honorable Warren E. Curtis (Cherokee County):  House - 64th (1971-
  1972)  Senate - 65th, 66th, 67th, and 67th X (1973-1978)

  Honorable Robert R. Dodds (Des Moines County):  House - 57th, 58th, and
  59th (1957-1962)  Senate - 60th, 60thX, 61st, 62nd, and 63rd (1963-1970)

  Honorable James O. Henry (Pottawattamie County): House - 55th and
  56th (1953-1956)  Senate - 57th and 58th (1957-1960)

  Honorable Lee Holt (Clay County):  House - 68th, 69th, 69thX, 69thXX
  (1979-1982)  Senate - 70th, 71st, 72nd, 72ndX, and 72ndXX (1983-1988)

  Honorable Emil J. Husak (Tama County):  House - 64th, 65th, 66th, 67th,
  67thX, and 68th (1971-1980)  Senate - 69th, 69X, 69thXX, 70th, 71st, 72nd,
  72ndX, 72ndXX, 73rd, 74th,74thX, 74thXX, 75th and 76th (1981-1996)

  SERVED IN THE HOUSE OF REPRESENTATIVES

  Honorable M. W. "Jack" Beaman (Clarke County): 72nd, 72ndX, 72ndXX,
  73rd, 74th, 74thX, 74thXX, and 75th (1987-1994)

  Honorable Phillip E. Brammer (Linn County): 70th, 71st, 72nd, 72ndX,
  72ndXX, 73rd, 74th, 74thX, 74thXX, 75th, and 76th (1983-1996)

  Honorable Donovan W. Burington (Woodbury County): 46th (1935-1936)

  Honorable Herbert L. Campbell, II (Washington County): 63rd and 64th
  (1969-1972)

  Honorable Horace C. Daggett (Union County): 65th, 66th, 67th, 67thX, 68th,
  69th, 69thX, 69thXX, 70th, 71st, 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX,
  74thXX,
  75th, and 76th (1973-1996)

  Honorable Lloyd G. Jackson (Clinton County): 61st (1965-1966)
  Honorable James D. Jordan (Linn County): 65th and 66th (1973-1976)

  Honorable Willis E. Junker (Woodbury County): 65th, 66th, 67th and 67thX
  (1973-1978)

  Honorable Carroll A. Lane (Carroll County): 50th, 50thX, and 51st (1943-
  1946)

  Honorable Harry C. Madden  (Union County): 61st (1965-1966)

  Honorable Floyd H. Millen (Van Buren County): 60th, 60thX, 61st, 62nd,
  63rd, 64th, 65th, 66th, 67th, 67X, and 68th (1963-1980)

  Honorable Roy A. Miller (Jones County): 60th, 60thX, 62nd and 63rd (1963-
  1964) and (1967-1970)

  Honorable Harold F. Mueller (Worth County): 58th, 59th, 60th, 60thX, and
  61st (1959-1966)

  Honorable Louis J. Muhlbauer (Crawford County): 70th, 71st, 72nd, 72ndX,
  72ndXX, 73rd, 74th, 74thX, and 74thXX (1983-1992)

  Honorable Samuel E. Orebaugh (Polk County): 50th and 50thX (1943-1944)

  Honorable Don W. Shoning (Woodbury County): 71st, 72nd,72ndX, 72ndXX,
  73rd, 74th, 74thX, and 74thXX (1985-1992)



  CANDLELIGHTERS	                      HOSTS
  Senator Betty Soukup	Senator Mary Lou Freeman
  Senator Maggie Tinsman	Senator H. Kay Hedge
  Senator Patricia Harper	Senator John P. Kibbie
  Representative Effie Lee Boggess 	Representative Cecil Dolecheck
  Representative Russell J. Eddie	Representative Clarence C. Hoffman
  Representative John P. Sunderbruch

  SENATE MEMORIAL COMMITTEE	HOUSE MEMORIAL COMMITTEE
  Honorable Richard F. Drake, Chair	Honorable Ralph F. Klemme, Chair
  Honorable Michael W. Connolly	Honorable Carmine Boal
  Honorable John P. Kibbie	Honorable William A. Dotzler, Jr.
  Honorable Merlin E. Bartz	Honorable Dolores M. Mertz
  Honorable O. Gene Maddox
  Honorable Mark S. Shearer


  Flowers arranged by The Bloomin' Greenery, Indianola, Iowa
  980	JOURNAL OF THE SENATE	87th Day
  87th Day	WEDNESDAY, APRIL 7, 1999	979

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Legislation: Index Bill History: Index

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