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EIGHTY-EIGHTH CALENDAR DAY FIFTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 8, 1999 The Senate met in regular session at 9:19 a.m., President Kramer presiding. Prayer was offered by Jane Jordon, pastor of the United Methodist Church, Woodbine, Iowa. The Journal of Wednesday, April 7, 1999, was approved. A quartet from Woodbine sang in the well of the Senate. Members of the quartet include: Jim Cotton, Max Poe, Bill Hutcheson and Forrest Johnson. They were accompanied by Maggie Cotton on the piano. RECESS On motion of Senator Iverson, the Senate recessed at 9:33 a.m., until the fall of the gavel. RECONVENED The Senate reconvened at 10:57 a.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 38 present, 12 absent, and a quorum present. INTRODUCTION OF VISITORS The Chair welcomed ten University of Dubuque students, Dubuque, Iowa, accompanied by Dr. David Roberts, who were present in the Senate Gallery. Senator Flynn LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Horn and Hansen until they arrive, on request of Senator Fink; Senator Zieman until he arrives, on request of Senator Johnson. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Files 570, 345 and 375. House File 570 On motion of Senator Angelo, House File 570, a bill for an act relating to the Iowa turkey marketing council, by providing procedures for the administration of the council, a producer assessment, refunds, and for the expenditure of moneys by the council, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Angelo offered amendment S-3111 filed by the committee on Agriculture on March 22, 1999, to page 6 of the bill and moved its adoption. Amendment S-3111 was adopted by a voice vote. Senator Angelo moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 570), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Harper Hedge Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 1: Dearden Absent or not voting, 4: Hansen Horn Judge Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 345 On motion of Senator Schuerer, House File 345, a bill for an act relating to permissible fees to be charged for maintaining a demand deposit account with a line of credit, with report of committee recommending passage, was taken up for consideration. Senator Schuerer moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 345), the vote was: Ayes, 38: Angelo Bartz Behn Black Boettger Deluhery Drake Flynn Freeman Gaskill Gronstal Harper Hedge Horn Iverson Jensen Johnson Kibbie Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 8: Bolkcom Connolly Dearden Dvorsky Fink Fraise Hammond McCoy Absent or not voting, 4: Hansen Judge King Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. House File 375 On motion of Senator Schuerer, House File 375, a bill for an act eliminating the requirement that information relating to open-end credit accounts and credit cards be filed with the treasurer of state, with report of committee recommending passage, was taken up for consideration. Senator Fink asked and received unanimous consent that action on House File 375 be deferred. MOTION TO RECONSIDER LOST Senate File 464 Senator Rehberg called up the motion to reconsider Senate File 464, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing effective dates, filed by her on April 6, 1999, found on page 974 of the Senate Journal and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 464) the vote was: Ayes, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Harper Horn Kibbie McCoy Shearer Soukup Szymoniak Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 3: Hansen Judge Zieman The motion lost. The motions to reconsider Senate File 464, filed by Senators Horn and McLaren on April 6, 1999, and found on page 974 of the Senate Journal, were out of order. PRESENTATION OF VISITORS The Chair welcomed thirty-five sixth grade students from Nashua Community School, Nashua, Iowa, accompanied by Principal Ed Anderson. Senator Soukup IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 464 and House Files 345 and 570 be immediately messaged to the House. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 8, 1999, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 22, a concurrent resolution recognizing the Annie E. Casey Foundation for the Foundation's many contributions to this state's efforts to the well-being of Iowa's children and families through community-based reforms. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 11:44 a.m., until 2:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 7, 1999, 5:50 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Members Absent: None. Committee Business: Passed HF 745, as amended. Adjourned: 6:05 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: April 8, 1999, 9:35 a.m. Members Present: Bartz, Chair; Fink, Ranking Member; Black, Dearden, Drake, Gaskill, Kibbie, Miller, and Rife. Members Absent: King, Vice Chair; Bolkcom, Deluhery, Freeman, Johnson, and Rehberg (all excused). Committee Business: Recommended governor's appointee for confirmation. Adjourned: 9:40 a.m. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation on April 8, 1999: JUDICIARY Walter Reed, Jr. - Board of Corrections Linda Steensland - State Judicial Nominating Commission NATURAL RESOURCES AND ENVIRONMENT Gary Priebe - Environmental Protection Commission COMMITTEE REPORT APPROPRIATIONS Final Bill Action: 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. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3308. Final Vote: Ayes, 25: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3307 H.F. 737 Patricia M. Harper S-3308 H.F. 745 Appropriations S-3309 H.F. 476 Maggie Tinsman S-3310 H.F. 734 Michael E. Gronstal S-3311 H.F. 737 Johnie Hammond Patricia M. Harper Joe Bolkcom S-3312 H.F. 688 Robert E. Dvorsky Bill Fink Sheldon Rittmer AFTERNOON SESSION The Senate reconvened at 2:11 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Lundby requested a non-record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent, and a quorum present. CONSIDERATION OF BILL (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration House File 651. House File 651 On motion of Senator Jensen, House File 651, a bill for an act relating to implements of husbandry and restrictions on the movement of such implements, and other vehicles, upon the highways of this state and making penalties applicable, with report of committee recommending passage, was taken up for consideration. Senator Fraise offered amendment S-3126 filed by him on March 23, 1999, to page 7 of the bill and moved its adoption. A non-record roll call was requested. The ayes were 12, nays 28. Amendment S-3126 lost. Senator Fraise asked and received unanimous consent to withdraw amendment S-3125 filed by him on March 23, 1999, to page 7 of the bill. Senator Jensen moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 651), the vote was: Ayes, 46: Angelo Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Harper Hedge Horn Iverson Jensen Johnson 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, 1: Fraise Absent or not voting, 3: Bartz Hansen Judge The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fink until he returns, on request of Senator Black. CONSIDERATION OF BILL (Appropriations Calendar) Senator Hedge asked and received unanimous consent to take up for consideration House File 737. House File 737 On motion of Senator Rife, House File 737, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator McLaren offered amendment S-3266 filed by the committee on Appropriations on April 6, 1999, to pages 12 and 18 of the bill. Senator Rife offered amendment S-3313 filed by Senators Rife and Hammond from the floor, to amendment S-3266. President Kramer took the chair at 2:54 p.m. Senator Flynn asked and received unanimous consent that action on amendment S-3313 be deferred. Senator Bolkcom offered amendment S-3300 filed by him on April 7, 1999, to amendment S-3266 and moved its adoption. Amendment S-3300 was adopted by a voice vote. Senator Rife asked and received unanimous consent that action on amendment S-3266 be deferred. Senator Bolkcom offered amendment S-3305 filed by Senators Bolkcom, et al., on April 7, 1999, to page 8 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3305 be adopted?" (H.F. 737), the vote was: Ayes, 17: Black Bolkcom Connolly Dearden Deluhery Dvorsky Flynn Fraise Gronstal Hammond Harper Horn Kibbie McCoy Shearer Soukup Szymoniak Nays, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Fink Hansen Judge Amendment S-3305 lost. Senator Hammond offered amendment S-3311 filed by Senators Hammond, Harper and Bolkcom from the floor, to page 8 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3311 be adopted?" (H.F. 737), the vote was: Ayes, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Flynn Fraise Gronstal Hammond Harper Horn Kibbie Lundby McCoy Shearer Soukup Szymoniak Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Fink Hansen Judge Amendment S-3311 lost. Senator Bolkcom asked and received unanimous consent to withdraw amendment S-3304 filed by him on April 7, 1999, to page 14 of the bill. Senator Bolkcom offered amendment S-3317 filed by him from the floor, to page 14 of the bill and moved its adoption. Amendment S-3317 was adopted by a voice vote. Senator Bolkcom offered amendment S-3306 filed by Senators Bolkcom and Rife on April 7, 1999, to page 15 of the bill and moved its adoption. Amendment S-3306 was adopted by a voice vote. Senator Harper offered amendment S-3307 filed by her from the floor, to page 18 of the bill and moved its adoption. Amendment S-3307 lost by a voice vote. Senator Harper offered amendment S-3299 filed by her on April 7, 1999, to page 18 of the bill and moved its adoption. A non-record roll call was requested. The ayes were 18, nays 28. Amendment S-3299 lost. The Senate resumed consideration of amendment S-3266 by the committee on Appropriations to pages 12 and 18 of the bill, previously deferred. The Senate resumed consideration of amendment S-3313 by Senators Rife and Hammond to amendment S-3266, previously deferred. Senator Rife asked and received unanimous consent to withdraw amendment S-3313. Senator Rife offered amendment S-3321 filed by Senators Rife and Flynn from the floor, to amendment S-3266 and moved its adoption. Amendment S-3321 was adopted by a voice vote. Senator Rife moved adoption of amendment S-3266, which motion prevailed by a voice vote. Senator Rife 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. 737), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Harper Hedge Horn Iverson Jensen Johnson 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, 3: Fink Hansen 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 House File 737 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 351 On motion of Senator Angelo, Senate File 351, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability, placed on the Unfinished Business Calendar on March 31, 1999, was taken up for consideration. Senator Angelo offered amendment S-3205 filed by him on March 31, 1999, to pages 1, 2, 6, 7, 9, 11, 15, 16, 20, 21 and 23 of the bill and moved its adoption. Amendment S-3205 was adopted by a voice vote. Senator Angelo asked and received unanimous consent that House File 476 be substituted for Senate File 351 as amended. House File 476 On motion of Senator Angelo, House File 476, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability, was taken up for consideration. The Senate stood at ease at 3:52 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:16 p.m., President pro tempore Redfern presiding. Senator Black offered amendment S-3214 filed by him on April 1, 1999, to page 1 of the bill and moved its adoption. Amendment S-3214 was adopted by a voice vote. Senator Angelo offered amendment S-3206 filed by him on March 31, 1999, to pages 1, 2 and 16 of the bill and moved its adoption. Amendment S-3206 was adopted by a voice vote. The Senate stood at ease at 4:55 p.m. until the fall of the gavel. The Senate resumed session at 5:50 p.m., President Kramer presiding. BILLS PLACED ON UNFINISHED BUSINESS CALENDAR Senator Iverson asked and received unanimous consent to that the following bills be placed on the Unfinished Business Calendar: H.F. 100 H.F. 115 H.F. 165 H.F. 172 H.F. 210 H.F. 234 H.F. 242 H.F. 255 H.F. 281 H.F. 293 H.F. 296 H.F. 308 H.F. 310 H.F. 311 H.F. 312 H.F. 313 H.F. 331 H.F. 337 H.F. 339 H.F. 343 H.F. 379 H.F. 386 H.F. 395 H.F. 402 H.F. 412 H.F. 414 H.F. 417 H.F. 433 H.F. 442 H.F. 445 H.F. 448 H.F. 458 H.F. 461 H.F. 472 H.F. 474 H.F. 489 H.F. 498 H.F. 501 H.F. 521 H.F. 531 H.F. 532 H.F. 584 H.F. 624 H.F. 634 H.F. 636 H.F. 637 H.F. 647 H.F. 656 H.F. 660 H.F. 661 H.F. 662 H.F. 663 H.F. 664 H.F. 672 H.F. 675 H.F. 676 H.F. 688 H.F. 689 H.F. 696 H.F. 700 H.F. 703 H.F. 705 H.F. 707 H.F. 708 H.F. 711 H.F. 713 H.F. 714 H.F. 732 H.F. 734 H.F. 741 H.J.R. 13 QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 46 present, 4 absent, and a quorum present. BUSINESS PENDING House File 476 The Senate resumed consideration of House File 476, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability, and amendment S-3213 by Senator Szymoniak to page 1 of the bill. Senator Szymoniak moved adoption of amendment S-3213. A non-record roll call was requested. The ayes were 21, nays 27. Amendment S-3213 lost. Senator McCoy offered amendment S-3267 filed by him on April 6, 1999, to page 2 of the bill and moved its adoption. Amendment S-3267 lost by a voice vote. The Senate stood at ease at 6:08 p.m. until the fall of the gavel. The Senate resumed session at 6:13 p.m., President Kramer presiding. Senator Black offered amendment S-3215 filed by him on April 1, 1999, to pages 2 and 19 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3215 be adopted?" (H.F. 476), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Hammond Harper Horn Kramer Lamberti Lundby Maddox McCoy McKean Miller Redfern Szymoniak Tinsman Nays, 26: Angelo Bartz Behn Boettger Drake Fraise Freeman Gaskill Hedge Iverson Jensen Johnson Kibbie King McKibben McLaren Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Absent or not voting, 2: Hansen Judge Amendment S-3215 lost. Senator Angelo offered amendment S-3314 filed by him from the floor, to page 2 of the bill and moved its adoption. Amendment S-3314 was adopted by a voice vote. Senator Lamberti offered amendment S-3276 filed by him on April 6, 1999, to pages 10 and 24 of the bill. Senator Lamberti called for a division of amendment S-3276: lines 3-17 as division A; lines 18-42 as division B. Senator Lamberti asked and received unanimous consent that action on amendment S-3276 division A be deferred. The Senate stood at ease at 6:30 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 7:23 p.m., President Kramer presiding. Senator Lamberti moved the adoption of amendment S-3276 division B. A non-record roll call was requested. The ayes were 30, nays 6. Amendment S-3276 division B was adopted. Senator Tinsman offered amendment S-3309 filed by her from the floor, to page 10 of the bill. Senator Lamberti offered amendment S-3320 filed by him from the floor, to amendment S-3309 of the bill and moved its adoption. Amendment S-3320 was adopted by a voice vote. Senator Tinsman moved adoption of amendment S-3309 as amended. A non-record roll call was requested. The ayes were 28, nays 10. Amendment S-3309 was adopted. With the adoption of amendment S-3309, the Chair ruled amendment S-3276 division A filed by Senator Lamberti on April 6, 1999, out of order. Senator Angelo offered amendment S-3207 filed by him on March 31, 1999, to pages 16, 22 and 23 of the bill and moved its adoption. Amendment S-3207 was adopted by a voice vote. Senator Angelo offered amendment S-3208 filed by him on March 31, 1999, to page 16 of the bill. Senator Angelo asked and received unanimous consent that action on amendment S-3208 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Black until he returns, on request of Senator Gronstal. Senator Jensen offered amendment S-3319 filed by him from the floor, to page 24 of the bill. Senator Dvorsky raised the point of order that amendment S-3319 was not germane to the bill. The Chair ruled the point well taken and amendment S-3319 out of order. Senator McCoy offered amendment S-3325 filed by Senators McCoy, Gronstal and Maddox from the floor, to pages 2, 16, 17, 21 and 22 of the bill. President pro tempore Redfern took the chair at 7:58 p.m. Senator McCoy moved adoption of amendment S-3325. A non-record roll call was requested Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. The ayes were 27, nays 20. Amendment S-3325 was adopted. Senator Kramer offered amendment S-3328 filed by her from the floor, to page 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3328 be adopted?" (H.F. 476), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 26: Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Flynn Gronstal Harper Horn Jensen Kibbie Kramer Lamberti Lundby Maddox McCoy McKibben Redfern Redwine Rittmer Shearer Szymoniak Tinsman Veenstra Nays, 21: Angelo Bartz Behn Fink Fraise Freeman Gaskill Hammond Hedge Iverson Johnson King McKean McLaren Miller Rehberg Rife Schuerer Sexton Soukup Zieman Absent or not voting, 3: Black Hansen Judge Amendment S-3328 was adopted. Senator Dvorsky offered amendment S-3324 filed by Senators Dvorsky and Maddox from the floor, to page 5 of the bill. President Kramer took the chair at 8:21 p.m. Senator Dvorsky moved adoption of amendment S-3324. A non-record roll call was requested. The ayes were 18, nays 28. Amendment S-3324 lost. Senator McCoy offered amendment S-3322 filed by Senators McCoy and Maddox from the floor, to pages 15 and 16 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3322 be adopted?" (H.F. 476), the vote was: Ayes, 21: Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Harper Horn Kibbie Lundby Maddox McCoy Redfern Redwine Shearer Szymoniak Tinsman Nays, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti McKean McKibben McLaren Miller Rehberg Rife Rittmer Schuerer Sexton Soukup Veenstra Zieman Absent or not voting, 3: Black Hansen Judge Amendment S-3322 lost. Senator Fink offered amendment S-3326 filed by him from the floor, to pages 21, 24 and to the title page of the bill. Senator Maddox raised the point order that amendment S-3326 was not germane to the bill. The Chair ruled the point well taken and amendment S-3326 out of order. Senator McCoy offered amendment S-3323 filed by Senators McCoy, Gronstal and Maddox from the floor, to page 24 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3323 be adopted?" (H.F. 476), the vote was: Ayes, 20: Bolkcom Connolly Dearden Deluhery Dvorsky Flynn Gronstal Hammond Harper Horn Kramer Lamberti Lundby Maddox McCoy Redfern Redwine Shearer Szymoniak Tinsman Nays, 27: Angelo Bartz Behn Boettger Drake Fink Fraise Freeman Gaskill Hedge Iverson Jensen Johnson Kibbie King McKean McKibben McLaren Miller Rehberg Rife Rittmer Schuerer Sexton Soukup Veenstra Zieman Absent or not voting, 3: Black Hansen Judge Amendment S-3323 lost. With the adoption of amendment S-3325, the Chair ruled amendment S-3208 filed by Senator Angelo on March 31, 1999, out of order Senator McCoy asked and received unanimous consent that action on House File 476 be deferred. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: HOUSE CONCURRENT RESOLUTION 22, a concurrent resolution recognizing the Annie E. Casey Foundation for the Foundation's many contributions to this state's efforts to the well-being of Iowa's children and families through community-based reforms. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 22. House Concurrent Resolution 22 On motion of Senator Szymoniak, House Concurrent Resolution 22, a concurrent resolution recognizing the Annie E. Casey Foundation for the Foundation's many contributions to this state's efforts to the well-being of Iowa's children and families through community-based reforms, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak moved the adoption of House Concurrent Resolution 22, which motion prevailed by a voice vote. BUSINESS PENDING House File 476 The Senate resumed consideration of House File 476, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability, previously deferred. Senator McCoy asked and received unanimous consent to withdraw amendment S-3330 filed by Senators McCoy and Johnson from the floor, to page 2 of the bill. Senator McCoy asked and received unanimous consent to withdraw amendment S-3332 filed by Senators McCoy, Johnson and Redfern from the floor to page 2 of the bill. With the withdrawal of amendment S-3332, the Chair ruled amendment S-3333, filed by Senator Bartz from the floor to amendment S-3332 of the bill, out of order. Senator McCoy offered amendment S-3334 filed by Senators McCoy, Johnson and Redfern from the floor, to page 2 of the bill. Senator Bartz offered amendment S-3335 filed by him from the floor, to amendment S-3334 and moved its adoption. A non-record roll call was requested. The ayes were 8, nays 30. Amendment S-3335 lost. Senator McCoy moved adoption of amendment S-3334. A record roll call was requested. On the question "Shall amendment S-3334 be adopted?" (H.F. 476), the vote was: Ayes, 23: Boettger Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Hammond Harper Horn Johnson Kramer Lamberti Lundby Maddox McCoy Redfern Redwine Shearer Szymoniak Tinsman Nays, 24: Angelo Bartz Behn Drake Fraise Freeman Gaskill Hedge Iverson Jensen Kibbie King McKean McKibben McLaren Miller Rehberg Rife Rittmer Schuerer Sexton Soukup Veenstra Zieman Absent or not voting, 3: Black Hansen Judge Amendment S-3334 lost. Senator Angelo moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 476), the vote was: Ayes, 28: Angelo Bartz Behn Boettger Drake Fink Fraise Freeman Gaskill Hedge Iverson Jensen Johnson Kibbie King Lamberti McKean McLaren Miller Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, 19: Bolkcom Connolly Dearden Deluhery Dvorsky Flynn Gronstal Hammond Harper Horn Kramer Lundby Maddox McCoy McKibben Redfern Redwine Szymoniak Tinsman Absent or not voting, 3: Black Hansen Judge 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 House Files 476, 651 and House Concurrent Resolution 22 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 8, 1999, adopted the following resolution in which the concurrence of the House was asked: Senate Joint Resolution 2, a joint resolution relating to the designation of the Old State Historical Building as the Ola Babcock Miller State Office Building. ALSO: That the House has on April 8, 1999, passed the following bill in which the concurrence of the House was asked: Senate File 114, a bill for an act allowing certain utility employees to operate all-terrain vehicles and snowmobiles on railroad rights of way. ALSO: That the House has on April 8, 1999, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 249, a bill for an act relating to the operation and regulation of insurance companies, including the treatment of certain confidential information by the commissioner, the operation of certain types of insurance companies, and the rights and duties of insurance companies under certain policies issued in this state. (S-3329) APPENDIX REPORT OF COMMITTEE MEETING RULES AND ADMINISTRATION Convened: April 8, 1999, 6:10 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Members Absent: None. Committee Business: Passed HCR 22, SCR 19, SR 12, and SR 13. Adjourned: 6:12 p.m. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Dale W. Henricks, Superintendent Roland-Story Community School - For 38 years of dedicated and distinguished service to education in Iowa. Senator McKibben (04/07/99). REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 464, the following corrections were made: 1. Page 32, line 8, the word and number "Section 501" were changed to the word and number "Section 9". 2. Page 32, line 11, the word and number "Section 9" were changed to the word and number "Section 10". 3. Page 32, line 14, the word and number "Section 10" were changed to the word and number "Section 11". 4. Page 32, line 17, the word and number "Section 29" were changed to the word and number "Section 31". MICHAEL E. MARSHALL Secretary of the Senate EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 8, 1999, when the vote was taken on House File 651. Had I been present, I would have voted "Aye." MERLIN E. BARTZ PETITIONS The following petitions were presented and placed on file by: Senator Fraise, from eleven residents of Des Moines County, Iowa, favoring legislation supporting a fuel quality standard for Iowa, supporting Ethanol. Senator Rehberg, from nineteen residents of Fayette County, Iowa, favoring legislation in support of the use of Ethanol as a fuel quality standard for Iowa. GOVERNOR'S APPOINTEES PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointees, assigned to standing committee for investigation, were placed on the Individual Confirmation Calendar with recommendations for confirmation on April 8, 1999: COMMERCE Gary D. Stewart - Consumer Advocate Therese M. Vaughan - Commissioner of Insurance COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 19, a concurrent resolution designating December 15, 1999, as Bill of Rights Day. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 12, a resolution honoring University of Iowa Basketball Coach Tom Davis. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 13, a resolution congratulating the University of Iowa Hawkeyes Wrestling Team. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3313 H.F. 737 Jack Rife Johnie Hammond S-3314 H.F. 476 Jeff Angelo S-3315 H.F. 745 Betty A. Soukup S-3316 H.F. 734 John Redwine Johnie Hammond Elaine Szymoniak Nancy Boettger Maggie Tinsman S-3317 H.F. 737 Joe Bolkcom S-3318 H.F. 664 Elaine Szymoniak S-3319 H.F. 476 John W. Jensen S-3320 H.F. 476 Jeff Lamberti S-3321 H.F. 737 Jack Rife Tom Flynn S-3322 H.F. 476 Matt McCoy Gene Maddox S-3323 H.F. 476 Matt McCoy Michael E. Gronstal Gene Maddox S-3324 H.F. 476 Robert E. Dvorsky Gene Maddox S-3325 H.F. 476 Matt McCoy Michael E. Gronstal Gene Maddox S-3326 H.F. 476 Bill Fink S-3327 S.F. 136 Larry McKibben S-3328 H.F. 476 Mary E. Kramer S-3329 S.F. 249 House S-3330 H.F. 476 Matt McCoy JoAnn Johnson S-3331 S.F. 445 Jack Rife Derryl McLaren S-3332 H.F. 476 Matt McCoy JoAnn Johnson Don Redfern S-3333 H.F. 476 Merlin E. Bartz S-3334 H.F. 476 Matt McCoy JoAnn Johnson Don Redfern S-3335 H.F. 476 Merlin E. Bartz S-3336 H.F. 711 Larry McKibben Andy McKean Gene Maddox Johnie Hammond Robert E. Dvorsky ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 10:40 p.m., until 1:00 p.m., Monday, April 12, 1999. 1006 JOURNAL OF THE SENATE 88th Day 88th Day THURSDAY, APRIL 8, 1999 1005
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