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NINETY-SECOND CALENDAR DAY FIFTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 12, 1999 The Senate met in regular session at 1:07 p.m., President Kramer presiding. Prayer was offered by Father Rassmussen of St. Cecilia Church, Ames, Iowa. The Journal of Thursday, April 8, 1999, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Sexton for today and April 13, 1999, on request of Senator King; Senator Deluhery until he arrives, on request of Senator Gronstal. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of James Braun, as a member of the Environmental Protection Commission, placed on the Individual Confirmation Calendar on April 1, 1999, and found on page 906 of the Senate Journal. Senator Bartz moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Deluhery McLaren Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Cynthia P. Eisenhauer, as Director of the Department of Management, placed on the Individual Confirmation Calendar on February 23, 1999, and found on page 371 of the Senate Journal. Senator Dearden moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Deluhery McLaren Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of William Brand, as Administrator of the Division of Community Action Agencies, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Miller moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 6: Deluhery Horn Lundby McLaren Rife Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of R. Bruce Upchurch, as Drug Enforcement and Abuse Prevention Coordinator, placed on the Individual Confirmation Calendar on March 31, 1999, and found on page 893 of the Senate Journal. Senator Miller moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Deluhery McLaren Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate WITHDRAWN Senator Angelo asked and received unanimous consent that Senate File 351 be withdrawn from further consideration of the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren until he arrives, on request of Senator Iverson. UNFINISHED BUSINESS House File 293 On motion of Senator Miller, House File 293, a bill for an act providing for the administration of assessments collected by the Iowa sheep and wool promotion board, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, 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. 293), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Deluhery McLaren Sexton 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 McCoy until he arrives, on request of Senator Gronstal. UNFINISHED BUSINESS (Deferred March 29, 1999) House File 218 The Senate resumed consideration of House File 218, a bill for an act creating a loess hills preservation and development alliance, providing for its responsibilities, and providing for other properly related matters, deferred March 29, 1999. Senator Hansen asked and received unanimous consent that action on amendment S-3212 filed by him on March 31, 1999, to page 2 of the bill, be deferred. Senator Hansen asked and received unanimous consent that action on amendment S-3169 filed by him on March 25, 1999, to page 2 of the bill, be deferred. Senator Hansen asked and received unanimous consent that action on amendment S-3170 filed by him on March 29, 1999, to pages 2-4 of the bill, be deferred. Senator Hansen offered amendment S-3180 filed by him on March 29, 1999, to page 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3180 be adopted?" (H.F. 218), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McKean Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Tinsman Veenstra Zieman Absent or not voting, 2: McCoy Sexton Amendment S-3180 lost. Senator Hansen asked and received unanimous consent that action on House File 218 be deferred. UNFINISHED BUSINESS House File 311 On motion of Senator Miller, House File 311, a bill for an act relating to reimbursement, payment, and coverage by the state for damages involving individuals providing foster home, guardian, or conservator services and providing an effective date, with report of committee recommending passage, place on the Unfinished Business Calendar on April 8, 1999, 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. 311), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PRESENTATION OF VISITORS The Chair welcomed thirty-six fifth and sixth grade students, West Hancock, Kanawaha, Iowa, accompained by Mrs. Kalstorf and Mrs. Ziegler. Senator Gaskill UNFINISHED BUSINESS House File 624 On motion of Senator King, House File 624, a bill for an act relating to electronic commerce security, and providing penalties, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator King offered amendment S-3195 filed by the committee on Commerce on March 30, 1999, to page 2 of the bill. Senator King asked and received unanimous consent that action on amendment S-3195 and House File 624 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 293 and 311 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 745. House File 745 On motion of Senator Schuerer, 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, with report of committee recommending amendment and passage, was taken up for consideration. The Senate stood at ease at 2:09 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:14 p.m., President Kramer presiding. Senator Schuerer asked and received unanimous consent to withdraw amendment S-3308 filed by the committee on Appropriations on April 8, 1999, to pages 11 and 16 of the bill. Senator Soukup offered amendment S-3315 filed by her on April 8, 1999, to page 11 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3315 be adopted?" (H.F. 745), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: 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 Tinsman Veenstra Zieman Absent or not voting, 2: Lundby Sexton Amendment S-3315 lost. 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. 745), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING House File 624 The Senate resumed consideration of House File 624, a bill for an act relating to electronic commerce security, and providing penalties, and amendment S-3195 by the committee on Commerce to page 2 of the bill, previously deferred. Senator Jensen moved adoption of amendment S-3195, which motion prevailed by a voice vote. 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?" (H.F. 624), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: McKean Rife Absent or not voting, 1: Sexton 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 624 and 745 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred March 31, 1999) Senate File 458 The Senate resumed consideration of Senate File 458, a bill for an act relating to information required to be placed on property tax statements, deferred March 31, 1999. Senator McKibben offered amendment S-3268 filed by Senators McKibben and Fraise on April 6, 1999, to page 1 of the bill and moved its adoption. Amendment S-3268 was adopted by a voice vote. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 458), the vote was: Ayes, 48: 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 Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Rife Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 313 On motion of Senator Lamberti, House File 313, a bill for an act creating the new criminal offense of disarming a peace officer of a dangerous weapon, with report of committee recommending passage, placed on the Unfinished Business Calendar April 8, 1999, was taken up for consideration. Senator Lamberti moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 313), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 458 On motion of Senator Jensen, House File 458, a bill for an act relating to the role of an auctioneer in conducting a public sale or auction involving real property, with report of committee recommending passage, placed on the Unfinished Business Calendar April 8, 1999, was taken up for consideration. Senator McCoy offered amendment S-3260 filed by Senators Jensen and McCoy on April 6, 1999, to page 1 of the bill and moved its adoption. Amendment S-3260 was adopted by a voice vote. 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. 458), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 458 and House Files 313 and 458 be immediately messaged to the House. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of Mollie K. Anderson, as Director of the Department of Personnel, placed on the Individual Confirmation Calendar on April 1, 1999, and found on page 903 of the Senate Journal. Senator Fink moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Stephen C. Gleason, as Director of Public Health, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Redwine moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Diane L. Hamilton, as a member of the State Racing and Gaming Commission, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Kibbie moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 3: Sexton Soukup Veenstra The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of James F. Hassenfritz, as a member of the State Racing and Gaming Commission, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Dearden moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Michael W. Mahaffey, as a member of the State Racing and Gaming Commission, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Lundby moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Rita Sealock, as a member of the State Racing and Gaming Commission, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator McLaren moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Willard Hansen, as a member of the State Racing and Gaming Commission, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Maddox moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. UNFINISHED BUSINESS House File 498 On motion of Senator Tinsman, 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, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Tinsman offered amendment S-3198 filed by the committee on Judiciary on March 30, 1999, to page 1 of the bill and moved its adoption. Amendment S-3198 was adopted by a voice vote. Senator Tinsman 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. 498), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 216 Senator Angelo called up for consideration Senate File 216, a bill for an act relating to the commitment of sexually violent predators, by changing the deadline for filing a petition by the attorney general; providing for waiver or continuance of the probable cause hearing; granting greater enforcement power to the prosecuting attorney; extending the time to hold a trial; establishing supervised release for sexually violent persons who have been rehabilitated; providing for the preservation of certain child abuse reports; and providing the department of justice with access to such reports, amended by the House, and moved that the Senate concur in House amendment S-3225 filed April 6, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Angelo moved that the bill as amended by the House and concurred in by the Senate, 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. 216), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 713 On motion of Senator Tinsman, House File 713, a bill for an act relating to protective orders for domestic abuse, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Tinsman 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. 713), the vote was: Ayes, 49: 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 392 Senator Jensen called up for consideration Senate File 392, a bill for an act relating to telecommunications systems or services which may be provided by a city utility, establishing certain requirements on such city, and including effective date and retroactive applicability provision, amended by the House, and moved that the Senate concur in House amendment S-3277 filed April 6, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Jensen moved that the bill as amended by the House and concurred in by the Senate, 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. 392), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 5: Connolly Dvorsky Harper McKean Redfern Absent or not voting, 1: Sexton 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 216 and 392 and House Files 498 and 713 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy for the remainder of the day, on request of Senator Gronstal. UNFINISHED BUSINESS House File 489 On motion of Senator Rife, House File 489, a bill for an act eliminating certain requirements relating to the regulation of infectious waste, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. 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. 489), the vote was: Ayes, 48: 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 McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 531 On motion of Senator Veenstra, 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, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Kibbie offered amendment S-3194 filed by him on March 30, 1999, to page 1 of the bill and moved its adoption. Amendment S-3194 was adopted by a voice vote. 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. 531), the vote was: Ayes, 48: 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 McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS Senate File 136 On motion of Senator McKibben, Senate File 136, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes, and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions, placed on the Unfinished Business Calendar on March 31, 1999, was taken up for consideration. Senator McKibben offered amendment S-3291 filed by Senators McKibben, et al., on April 6, 1999, to pages 6, 13, 14 and 39 of the bill. Senator Connolly asked and received unanimous consent that action on amendment S-3291 and Senate File 136 be deferred. UNFINISHED BUSINESS House File 445 On motion of Senator Hansen, House File 445, a bill for an act relating to the rights of a dissenting shareholder of a state bank, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Hansen 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. 445), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Jensen McCoy Sexton 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 445, 489 and 531 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 149 Senator McKibben called up for consideration Senate File 149, a bill for an act establishing a time limit for disallowance or reduction of motor vehicle warranty claims, relating to establishment of motor vehicle service or warranty facilities, and making a penalty applicable, amended by the House, and moved that the Senate concur in House amendment S-3226 filed April 6, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKibben moved that the bill as amended by the House and concurred in by the Senate, 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. 149), the vote was: Ayes, 48: 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 McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred April 8, 1999) House File 375 The Senate resumed consideration of 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, deferred April 8, 1999. 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. 375), the vote was: Ayes, 36: Angelo Bartz Behn Boettger Deluhery Drake Flynn Freeman Gaskill Gronstal Hansen Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Szymoniak Tinsman Veenstra Zieman Nays, 11: Black Bolkcom Connolly Dearden Dvorsky Fink Fraise Hammond Harper Shearer Soukup Absent or not voting, 3: McCoy Rife Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 149 and House File 375 be immediately messaged to the House. UNFINISHED BUSINESS House File 741 On motion of Senator Tinsman, House File 741, a bill for an act relating to the authorization requirements for psychiatric medical institutions for children and providing an effective date, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Tinsman 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. 741), the vote was: Ayes, 46: Angelo Bartz 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 McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Behn McCoy McLaren Sexton 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 741 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, passed the following bill in which the concurrence of the Senate is asked: House File 760, a bill for an act relating to appropriations for the department of human services and including other provisions and appropriations involving human services and health care, and providing effective dates. Read first time and referred to committee on Appropriations. ALSO: That the House has on April 12, 1999, passed the following bills in which the concurrence of the House was asked: Senate File 51, a bill for an act authorizing a county conservation board to cooperate with private, not-for-profit organizations to carry out conservation and recreation programs. Senate File 277, a bill for an act relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner. Senate File 309, a bill for an act relating to the interception of communications and providing penalties. Senate File 410, a bill for an act providing for the regulation of viatical settlement contracts when sold as investments. HOUSE AMENDMENT CONSIDERED Senate File 249 Senator Deluhery called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3329 filed April 8, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Deluhery moved that the bill as amended by the House and concurred in by the Senate, 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. 249), the vote was: Ayes, 48: 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 McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 634 On motion of Senator Freeman, House File 634, a bill for an act relating to expenditure of moneys from the primary road fund for dust control on certain roads, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Freeman 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. 634), the vote was: Ayes, 47: Angelo Bartz 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 McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn McCoy Sexton The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 136 The Senate resumed consideration of Senate File 136, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes, and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions and amendment S-3291 by Senator McKibben, et al., to pages 6, 13, 14 and 39 of the bill, previously deferred. Senator Connolly asked and received unanimous consent to withdraw amendment S-3340 filed by him from the floor, to pages 13, 14 and 39 of the bill. Senator McKibben moved the adoption of amendment S-3291, which motion prevailed by a voice vote. Senator McKibben offered amendment S-3327 filed by him on April 8, 1999, to page 17 of the bill and moved its adoption. Amendment S-3327 was adopted by a voice vote. Senator McKibben offered amendment S-3270 filed by Senators McKibben and Johnson on April 6, 1999, to page 38 of the bill and moved its adoption. Amendment S-3270 was adopted by a voice vote. Senator Drake offered amendment S-3338 filed by Senators Drake and Johnson from the floor, to page 38 of the bill and moved its adoption. Amendment S-3338 was adopted by a voice vote. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 136), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Jensen McCoy Sexton 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 136 and 249 and House File 634 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 12, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 744, a bill for an act relating to reductions in the state individual income tax by increasing the deduction for pension income and increasing the personal and dependent credits, and including a retroactive applicability date provision. Read first time and referred to committee on Ways and Means. APPENDIX REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: April 8, 1999, 1:07 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: Hansen (excused). Committee Business: Recommended governor's appointees for confirmation. Adjourned: 2:08 p.m. JUDICIARY Convened: April 8, 1999, 9:40 a.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Angelo, Boettger, Fraise, Hammond, Horn, McKibben, Miller, and Redfern. Members Absent: Hansen, Ranking Member; Dvorsky, Maddox, McCoy, and Tinsman. Committee Business: Subcommittee assignments. Recommended governor's appointees for confirmation. Adjourned: 9:43 a.m. 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 12th day of April, 1999: Senate Files 99, 224, 281, and 404. MICHAEL E. MARSHALL Secretary of the Senate EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 12, 1999, when the vote was taken on the Individual Confirmation of Diane L. Hamilton. Had I been present, I would have voted "Aye." BETTY SOUKUP CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Dan Otis, Cedar Rapids - For achieving the rank of Eagle Scout. Senator Dvorsky (04/12/99). Scott Williams, New Providence - For achieving the rank of Eagle Scout. Senator Iverson (04/12/99). PETITION The following petition was presented and placed on file by: Senator Rife, from one hundred and thirteen residents of Clinton, Scott, and Cedar Counties, Iowa, favoring legislation regarding Fuel Quality Standard (Ethanol). INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 20, by Gronstal, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Horn, Judge, Kibbie, Shearer, Soukup, Szymoniak, and Hammond, a concurrent resolution requesting that the President of the United States, the United States Secretary of Agriculture, and the United Sates Congress immediately take all actions necessary to reevaluate and amend the 1996 "Freedom to Farm Bill" in order to preserve family farms. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 14, by Redfern and Harper, a resolution honoring Nina Smith for being named girls' high school basketball National Player of the Year. Read first time under Rule 28 and referred to committee on Rules and Administration. STUDY BILL RECEIVED SSB 1216 Ways and Means Directing the department of revenue and finance to submit a proposal to simplify the Iowa individual income tax. SUBCOMMITTEE ASSIGNMENTS House File 686 STATE GOVERNMENT: Rittmer, Chair; Deluhery and Lundby House File 746 APPROPRIATIONS: Behn, Chair; Black and Hedge SSB 1216 WAYS AND MEANS: Johnson, Chair; Drake and Harper AMENDMENTS FILED S-3337 S.F. 436 Jeff Angelo S-3338 S.F. 136 Richard F. Drake JoAnn Johnson S-3339 S.F. 286 Tom Flynn S-3340 S.F. 136 Michael W. Connolly ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:12 p.m., until 9:00 a.m., Tuesday, April 13, 1999. 1038 JOURNAL OF THE SENATE 92nd Day 92nd Day MONDAY, APRIL 12, 1999 1037
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