Senate Journal: Tuesday, April 13, 1999

  NINETY-THIRD CALENDAR DAY
  FIFTY-FOURTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, April 13, 1999

  The Senate met in regular session at 9:16 a.m., Senator Hedge
  presiding.

  Prayer was offered by the Honorable Steve King, member of the
  Senate from Sac County, Kiron, Iowa.

  The Journal of Monday, April 12, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Kramer until she arrives, on request of Senator Jensen; Senator
  Veenstra
  until he returns, on request of Senator Bartz.

  UNFINISHED BUSINESS

  Senate File 461

  On motion of Senator Rife, Senate File 461, a bill for an act
  relating to educational assistance for members of the national guard,
  placed on the Unfinished Business Calendar on March 31, 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?" (S.F. 461), 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
  Lamberti	Lundby	Maddox	McCoy
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Shearer	Soukup
  Szymoniak	Tinsman	Zieman

  Nays, none.

  Absent or not voting, 3:

  Kramer	Sexton	Veenstra

  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 106

  Senator Kibbie called up for consideration Senate File 106, a bill
  for an act providing for accessibility requirements for elevators and
  providing an effective date, amended by the House, and moved that
  the Senate concur in House amendment S-3227 filed April 6, 1999.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Kibbie 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. 106), the vote was:

  Ayes, 46:

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

  Nays, 2:

  Bolkcom	Dvorsky

  Absent or not voting, 2:

  Kramer	Sexton

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

  UNFINISHED BUSINESS
  (Deferred March 31, 1999)

  Senate File 439

  The Senate resumed consideration of Senate File 439, a bill for
  an act relating to the Iowa community empowerment Act and related
  provisions, and providing an effective date, deferred March 31, 1999.

  Senator Boettger offered amendment S-3344 filed by Senators
  Boettger and Szymoniak from the floor, to pages 3, 4 and 8 of the bill
  and moved its adoption.

  Amendment S-3344 was adopted by a voice vote.

  President pro tempore Redfern took the chair at 10:02 a.m.

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

  On the question "Shall the bill pass?" (S.F. 439), the vote was:
  Ayes, 46:

  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
  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:

  Kramer	McCoy	McLaren	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 106, 439 and 461 be immediately messaged to the
  House.

  ADOPTION OF RESOLUTION

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 7.

  Senate Resolution 7

  On motion of Senator Iverson, Senate Resolution 7, a resolution
  honoring Major General Warren G. Lawson for the Iowa Medal of
  Valor, and designating a Major General Warren G. Lawson Day, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Iverson moved adoption of Senate Resolution 7, which
  motion prevailed by a voice vote.
  SPECIAL GUESTS

  Senator Iverson introduced the Honorable Governor Tom Vilsack
  who addressed the Senate with brief remarks regarding Major
  General Lawson.

  Senator Iverson introduced Major General Warren G. Lawson who
  addressed the Senate.  The Senate rose in tribute to Major General
  Lawson.

  UNFINISHED BUSINESS

  House File 165

  On motion of Senator Lamberti, House File 165, a bill for an act
  including the preparation or compounding of a controlled substance
  for one's own use within the definition of manufacturing a controlled
  substance, 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  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. 165), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Connolly	Dearden	Deluhery
  Drake	Fink	Flynn	Fraise
  Freeman	Gaskill	Gronstal	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, 3:

  Bolkcom	Dvorsky	Hammond
  Absent or not voting, 2:

  McLaren	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 100

  On motion of Senator Maddox, House File 100, a bill for an act
  relating to the revocation or suspension of a law enforcement officer's
  certification, with report of committee recommending passage, placed
  on the Unfinished Business Calendar on April 8, 1999, was taken up
  for consideration.

  Senator Maddox asked and received unanimous consent that
  action on House File 100 be deferred.

  UNFINISHED BUSINESS

  House File 501

  On motion of Senator  Lamberti, House File 501, a bill for an act
  relating to the definitions and penalties applicable to conviction of
  certain felonies, by making changes related to the offenses of assault
  and willful injury and making changes in the mandatory minimum
  penalties for certain felony offenses, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on April 8, 1999, was taken up for consideration.

  Senator Lamberti offered amendment S-3220 filed by him on
  April 5, 1999, to pages 1-3 of the bill and moved its adoption.

  Amendment S-3220 was adopted by a voice vote.

  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. 501), the vote was:
  Ayes, 43:

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

  Nays, 5:

  Bolkcom	Dvorsky	Hammond	Harper
  Szymoniak

  Absent or not voting, 2:

  McLaren	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 165 and 501 be immediately messaged to the House.

  PRESENTATION OF VISITORS

  The Chair welcomed fifth and sixth grade students from
  Pocahontas Catholic School, Pocahontas, Iowa, accompanied by
  Beth Hatover.  Senator Freeman

  UNFINISHED BUSINESS

  House File 647

  On motion of Senator Maddox, House File 647, a bill for an act
  relating to judges, concerning associate juvenile judges, associate
  probate judges, and retired judges, with report of committee
  recommending amendment and passage, placed on the Unfinished
  Business Calendar on April 8, 1999, was taken up for consideration.
  Senator McKean offered amendment S-3210 filed by the
  committee on Judiciary on March 31, 1999, to the title page of the bill
  and moved its adoption.

  Amendment S-3210 was adopted by a voice vote.

  Senator Maddox 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. 647), 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, as amended, was agreed to.

  PRESENTATION OF VISITORS

  The Chair welcomed the college government class from Walnut
  High School, Walnut, Iowa, accompanied by Mrs. Bonnie Whitehall.
  Senator Boettger.
  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 469.

  Senate File 469

  On motion of Senator Lamberti, Senate File 469, a bill for an act
  relating to the state sales and use taxes by providing for the effective
  date for any rate increase or decrease, filing of consolidated sales tax
  returns by affiliated corporations, changing the statute of limitations
  for assessing tax and applying for refunds and relating to local sales
  and services taxes by providing the effective dates for imposing,
  repealing, or changing rates, and including effective dates, was taken
  up for consideration.

  Senator Connolly offered amendment S-3343 filed by Senators
  Connolly, Johnson and Boettger from the floor, to pages 2, 6, 7 and to
  the title page of the bill.

  Senator Connolly offered amendment S-3349 filed by him from the
  floor, to amendment S-3343.

  Senator Hansen asked and received unanimous consent that
  action on amendment S-3349, amendment S-3343 and
  Senate File 469 be deferred.

  UNFINISHED BUSINESS

  House File 711

  On motion of Senator McKibben, House File 711, a bill for an act
  concerning the imposition of a drug abuse resistance education
  surcharge for criminal alcohol beverage control offenses, with report
  of committee recommending passage, placed on the Unfinished
  Business Calendar on April 8, 1999, was taken up for consideration.

  Senator McKibben offered amendment S-3336 filed by Senators
  McKibben, et al., on April 8, 1999, to page 1 and to the title page of
  the bill and moved its adoption.
  Amendment S-3336 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?" (H.F. 711), 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, as amended, was agreed to.

  BUSINESS PENDING

  Senate File 469

  The Senate resumed consideration of Senate File 469, a bill for
  an act relating to the state sales and use taxes by providing for the
  effective date for any rate increase or decrease, filing of consolidated
  sales tax returns by affiliated corporations, changing the statute of
  limitations for assessing tax and applying for refunds and relating to
  local sales and services taxes by providing the effective dates for
  imposing, repealing, or changing rates, and including effective dates,
  and amendment S-3349 by Senator Connolly to amendment S-3343,
  previously deferred.
  Senator Iverson asked and received unanimous consent that action
  on amendment S-3349, amendment S-3343 and Senate File 469 be
  deferred.

  UNFINISHED BUSINESS

  House File 521

  On motion of Senator Freeman, House File 521, a bill for an act
  relating to the licensure and operation of employment agencies and
  providing a penalty, with report of committee recommending
  amendment and passage, placed on the Unfinished Business
  Calendar on April 8, 1999, was taken up for consideration.

  Senator McKibben offered amendment S-3202 filed by the
  committee on Business and Labor Relations on March 31, 1999, to
  page 2 of the bill and moved its adoption.

  Amendment S-3202 was adopted by a voice vote.

  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. 521), 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
  Rife	Rittmer	Schuerer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 2:

  Sexton	Shearer
  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 Shearer until he returns, on request of Senator Gronstal.

  UNFINISHED BUSINESS

  House File 474

  On motion of Senator Bartz, House File 474, a bill for an act
  relating to the powers and duties of county treasurers by amending
  Code sections pertaining to special assessments, certain motor
  vehicle ownership transfers, tax statement addresses, tax
  redemption, and tax clearance statements for mobile homes, and
  providing effective date and applicability date provisions, with report
  of committee recommending passage, placed on the Unfinished
  Business Calendar on April 8, 1999, was taken up for consideration.

  Senator Bartz 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. 474), 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
  Rife	Rittmer	Schuerer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman

  Nays, none.
  Absent or not voting, 2:

  Sexton	Shearer

  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 474, 521, 647 and 711 be immediately messaged to
  the House.

  UNFINISHED BUSINESS

  House File 636

  On motion of Senator Rehberg, House File 636, a bill for an act
  relating to review and oversight of actions of the United States
  environmental protection agency, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on April 8, 1999, was taken up for consideration.

  Senator Hedge took the chair at 11:16 a.m.

  Senator Rehberg 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. 636), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Fink	Flynn
  Fraise	Freeman	Gaskill	Gronstal
  Hammond	Hansen	Harper	Hedge
  Horn	Iverson	Jensen	Johnson
  Judge	Kibbie	King	Kramer
  Lamberti	Maddox	McCoy	McKean
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rittmer	Schuerer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman
  Nays, 2:

  Dvorsky	Lundby

  Absent or not voting, 3:

  Rife	Sexton	Shearer

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

  UNFINISHED BUSINESS

  House File 661

  On motion of Senator Angelo, House File 661, a bill for an act
  relating to the offense of sexual abuse, providing related definitions,
  and applying penalties, with report of committee recommending
  passage, placed on the Unfinished Business Calendar on
  April 8, 1999, was taken up for consideration.

  Senator Miller offered amendment S-3346 filed by him from the
  floor, to page 3 of the bill and moved its adoption.

  A non-record roll call was requested.

  The ayes were 37, nays 11.

  Amendment S-3346 was adopted.

  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. 661), 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
  House Files 636 and 661 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 12, 1999, passed the following bills in which the
  concurrence of
  the House was asked:

  Senate File 146, a bill for an act relating to worker and public
  safety and protection laws administered by the labor services division
  of Iowa workforce development.

  Senate File 254, a bill for an act relating to the emergency
  management division of the department of public defense by
  authorizing fees for radiological detection equipment maintenance
  services, by authorizing financial assistance to local governments for
  emergency management purposes, by directing a report to the
  general assembly by the division director, and by providing an
  effective date.
  Senate File 282, a bill for an act relating to practices and
  procedures of the department of general services, regulating state
  purchasing of recycled paper, modifying an appropriation to the
  department, and providing an effective date.

  ALSO:  That the House has on April 12, 1999, amended and passed the
  following
  bill in which the concurrence of the Senate is asked:

  Senate File 413, a bill for an act providing for access to a safe
  deposit box on the death of the owner or lessee of such box, and
  exempting state banks and  credit unions from liability associated
  with such access. (S-3341)

  ALSO:  That the House has on April 13, 1999, passed the following bill in
  which the
  concurrence of the House was asked:

  Senate File 41, a bill for an act relating to the duties and
  meetings of the county agricultural extension councils.

  ALSO:  That the House has on April 13, 1999, amended and passed the
  following
  bills in which the concurrence of the Senate is asked:

  Senate File 95, a bill for an act relating to mandatory motor
  vehicle proof of financial responsibility by requiring such proof when
  a motor vehicle subject to registration in this state is operated on a
  parking lot. (S-3348)

  Senate File 194, a bill for an act relating to acceptable
  accreditation of psychiatric medical institutions for children for the
  purpose of licensing. (S-3347)

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:43 a.m.,
  until 2:00 p.m.
  APPENDIX

  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
  13th day
  of April, 1999:

  Senate Files 55, 68, 173, and 448.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  STUDY BILL RECEIVED

  SSB 1217	Ways and Means

  Relating to a sales and use tax exemption for the providing of
  personal emergency response system services.

  SUBCOMMITTEE ASSIGNMENTS

  House File 744

  WAYS AND MEANS:  Lamberti, Chair; Flynn and Johnson

  House File 760

  APPROPRIATIONS:  Tinsman, Chair; Hammond and Redwine

  SSB 1217

  WAYS AND MEANS:  Johnson, Chair; Bartz, Soukup

  AMENDMENTS FILED

  S-3341	S.F. 413	House
  S-3342	H.F. 234	John P. Kibbie
  S-3343	S.F. 469	Michael W. Connolly
  JoAnn Johnson
  Nancy Boettger
  S-3344	S.F. 439	Nancy Boettger
  Elaine Szymoniak
  S-3345	H.F. 696	Merlin E. Bartz
  Joe Bolkcom
  Bill Fink
  JoAnn Johnson
  David Miller
  S-3346	H.F. 661	David Miller
  S-3347	S.F. 194	House
  S-3348	S.F. 95	House
  S-3349	S.F. 469	Michael W. Connolly
  AFTERNOON SESSION

  The Senate reconvened at 2:13 p.m., President Kramer presiding.

  QUORUM CALL

  Senator Hedge requested a non-record roll call to determine that a
  quorum was present.

  The vote revealed 30 present, 20 absent, and a quorum present.

  PRESENTATION OF VISITORS

  The Chair welcomed forty government students from New London
  High School, New London, Iowa.  Senator Shearer.

  UNFINISHED BUSINESS

  House File 676

  On motion of Senator Behn, House File 676, a bill for an act
  amending provisions in the "Iowa Agricultural Industry Finance Act",
  with report of committee recommending passage, placed on the
  Unfinished Business Calendar on April 8, 1999, was taken up for
  consideration.

  Senator Behn 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. 676), 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.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Black until he returns, on request of Senator Gronstal.

  UNFINISHED BUSINESS

  Senate File 436

  On motion of Senator Angelo, Senate File 436, a bill for an act
  relating to practices involving the marketing of livestock by packers,
  by prohibiting price discrimination, requiring reporting, and
  providing criminal penalties and civil remedies, placed on the
  Unfinished Business Calendar on March 31, 1999, was taken up for
  consideration.

  Senator Angelo offered amendment S-3337 filed by him on
  April 12, 1999, to pages 1-3 and to the title page of the bill.

  Senator Kibbie offered amendment S-3353 filed by Senators
  Kibbie, et al., from the floor, to pages 1-5 of amendment S-3337,
  moved its adoption and requested a record roll call.

  On the question "Shall amendment S-3353 to amendment S-3337
  be adopted?" (S.F. 436), the vote was:

  Ayes, 28:

  Bartz	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gronstal
  Hammond	Hansen	Harper	Horn
  Judge	Kibbie	Lundby	McCoy
  McKean	McKibben	Rehberg	Rife
  Rittmer	Shearer	Soukup	Szymoniak

  Nays, 20:

  Angelo	Behn	Boettger	Gaskill
  Hedge	Iverson	Jensen	Johnson
  King	Kramer	Lamberti	Maddox
  McLaren	Miller	Redfern	Redwine
  Schuerer	Tinsman	Veenstra	Zieman

  Absent or not voting, 2:

  Black	Sexton

  Amendment S-3353 was adopted.

  Senator Angelo asked and received unanimous consent that action
  on amendment S-3337 and Senate File 436 be deferred.

  BUSINESS PENDING

  House File 100

  The Senate resumed consideration of House File 100, a bill for an
  act relating to the revocation or suspension of a law enforcement
  officer's certification, previously deferred.

  Senator Lamberti offered amendment S-3356 filed by him from
  the floor, to page 1 of the bill and moved its adoption.

  Amendment S-3356 was adopted by a voice vote.

  Senator Maddox 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. 100), 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 662

  On motion of Senator Miller, House File 662, a bill for an act
  relating to estate issues by modifying the warranty by a trustee,
  jurisdiction of the probate court, fees payable on certain trusts, notice
  provisions relating to claims against estates, and disclaimers made
  by beneficiaries, 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. 662), 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
  House Files 100 and 662 be immediately messaged to the House.

  UNFINISHED BUSINESS

  House File 242

  On motion of Senator Hansen, House File 242, a bill for an act
  relating to statutory corrections which may adjust language to reflect
  current practices, insert earlier omissions, delete redundancies and
  inaccuracies, delete temporary language, resolve inconsistencies and
  conflicts, update ongoing provisions, or remove ambiguities and
  providing effective dates and for retroactive applicability, with report
  of committee recommending amendment and passage, placed on the
  Unfinished Business Calendar on April 8, 1999, was taken up for
  consideration.

  Senator McKean offered amendment S-3147 filed by the
  committee on Judiciary on March 24, 1999, to pages 4, 7 and 10 of the
  bill and moved its adoption.

  Amendment S-3147 was adopted by a voice vote.

  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. 242), 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 386

  On motion of Senator Maddox, House File 386, a bill for an act
  relating to increasing the penalties for an assault on a jailer, with
  report of committee recommending passage, placed on the Unfinished
  Business Calendar on April 8, 1999, was taken up for consideration.

  Senator Maddox offered amendment S-3146 filed by the
  committee on Judiciary on March 24, 1999, to pages 1, 2 and to the
  title page of the bill and moved its adoption.

  Amendment S-3146 was adopted by a voice vote.

  Senator Maddox 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. 386), the vote was:

  Ayes, 47:

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

  Nays, 1:

  Hammond

  Absent or not voting, 2:

  McLaren	Sexton

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 242, 386 and 676 be immediately messaged to the
  House.

  The Senate stood at ease at 3:13 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 4:30 p.m., President Kramer
  presiding.

  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:
  Walter Reed, Jr., Board of Corrections

  Don Gettings, Credit Union Review Board

  Gary Priebe, Environmental Protection Commission

  Linda Steensland, State Judicial Nominating Commission

  Nancy McKlveen, Mental Health and Developmental Disabilities
  Commission

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

  On the question "Shall the appointees 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	Maddox	McKean
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 3:

  Lundby	McCoy	Sexton

  The appointees, having received a two-thirds vote, were declared
  to have been confirmed by the Senate.

  BUSINESS PENDING

  Senate File 469

  The Senate resumed consideration of Senate File 469, a bill for
  an act relating to the state sales and use taxes by providing for the
  effective date for any rate increase or decrease, filing of consolidated
  sales tax returns by affiliated corporations, changing the statute of
  limitations for assessing tax and applying for refunds and relating to
  local sales and services taxes by providing the effective dates for
  imposing, repealing, or changing rates, and including effective dates
  and amendments S-3343 by Senator Connolly, Johnson and Boettger
  to pages 2, 6, 7 and to the title page of the bill and amendment
  S-3349 by Senator Connolly to page 5 of S-3343, previously deferred.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-3349 filed by him from the floor to page 5 of
  amendment S-3343, previously deferred.

  Senator McLaren offered amendment S-3358 filed by him from the
  floor, to page 1 of amendment S-3343 and moved its adoption.

  Amendment S-3358 was adopted by a voice vote.

  Senator Iverson asked and received unanimous consent that action
  on amendment S-3343 and Senate File 469 be deferred.

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS
  (Individual Confirmation Calendar)

  Senator Iverson called up the appointment of David Neil, as a
  member of the State Board of Regents, placed on the Individual
  Confirmation Calendar on April 6, 1999, and found on page 974 of the
  Senate Journal.

  Senator Redfern 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	McCoy
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 3:

  Maddox	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 Owen Newlin, as a
  member of the State Board of Regents, placed on the Individual
  Confirmation Calendar on April 6, 1999, and found on page 974 of the
  Senate Journal.

  Senator Redfern 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	McCoy
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 3:

  Maddox	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 Deborah Turner, as
  a member of the State Board of Regents, placed on the Individual
  Confirmation Calendar on April 6, 1999, and found on page 974 of the
  Senate Journal.

  Senator Gaskill 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.

  BUSINESS PENDING

  Senate File 469

  The Senate resumed consideration of Senate File 469, a bill for
  an act relating to the state sales and use taxes by providing for the
  effective date for any rate increase or decrease, filing of consolidated
  sales tax returns by affiliated corporations, changing the statute of
  limitations for assessing tax and applying for refunds and relating to
  local sales and services taxes by providing the effective dates for
  imposing, repealing, or changing rates, and including effective dates
  and amendment S-3343 filed by Senators Connolly, Johnson and
  Boettger from the floor to pages 2, 6, 7 and to the title page of the bill,
  previously deferred.

  Senator Connolly offered amendment S-3360 filed by him from the
  floor, to page 5 of amendment S-3343 and moved its adoption.

  Amendment S-3360 was adopted by a voice vote.

  Senator Connolly moved adoption of amendment S-3343, which
  motion prevailed by a voice vote.

  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?" (S.F. 469), the vote was:

  Ayes, 44:

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

  Nays, 5:

  Hedge	Rife	Rittmer	Tinsman
  Zieman

  Absent or not voting, 1:

  Sexton

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

  Senator Iverson asked and received unanimous consent that
  Senate File 469 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 13, 1999, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 424, a bill for an act relating to and making
  transportation and other infra-structure-related appropriations to the
  state department of transportation, including allocation and use of
  moneys from the general fund of the state, road use tax fund, and
  primary road fund, providing for the use of a former rest area, and
  providing for the nonreversion of certain moneys and an effective
  date. (S-3354)

  INTRODUCTION OF RESOLUTION

  Senate Resolution 15, by Horn, Dvorsky, McKean and Lundby, a
  resolution honoring the City of Cedar Rapids on its sesquicentennial
  year.

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

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  April 13, 1999, 1:10 p.m.

  Members Present:  McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, Black, Bolkcom, Freeman, Hedge, Jensen, Johnson, King, Lamberti,
  Redwine,
  Rehberg, Rife, Schuerer, Soukup and Tinsman.

  Members Absent:  Connolly, Deluhery, Dvorsky, Hammond, Horn, Maddox, and
  McCoy (all excused).

  Committee Business:  Passed HF 746, as amended.

  Adjourned:  1:20 p.m.

  HUMAN RESOURCES

  Convened:  April 13, 1999, 11:50 a.m.

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

  Members Absent:  None.

  Committee Business:  Recommended governor's appointee for confirmation.

  Adjourned:  11:56 a.m.

  CERTIFICATE OF RECOGNITION

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

  Martha Fay, Iowa City - For celebrating your 91st Birthday on April 17,
  1999.
  Senator Bolkcom (04/13/99).

  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 13, 1999:

  HUMAN RESOURCES

  Jessie K. Rasmussen - Director of the Department of Human Services
  PETITION

  The following petition was presented and placed on file by:

  Senator Schuerer, from thirty-five residents of Benton and Tama
  Counties, Iowa, favoring legislation to establish a Fuel Quality
  Standard.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  HOUSE FILE 746	, a bill for an act relating to and
  making
  appropriations for agriculture and natural resources and providing effective
  dates.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3357.

  Final Vote:  Ayes, 18:  McLaren, Kramer, Flynn, Behn, Black, Bolkcom,
  Freeman,
  Hedge, Jensen, Johnson, King, Lamberti, Redwine, Rehberg, Rife, Schuerer,
  Soukup,
  and Tinsman.  Nays, none.  Absent or not voting, 7:  Connolly, Deluhery,
  Dvorsky,
  Hammond, Horn, Maddox, and McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  MOTION TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-3353
  to amendment S-3337 to Senate File 436 was adopted by the Senate on April
  13, 1999.

  SHELDON RITTMER

  AMENDMENTS FILED

  S-3350	S.F. 436	John P. Kibbie
  Betty Soukup
  John Judge
  Eugene Fraise
  Mark Shearer
  Dennis H. Black
  S-3351	S.F. 436	John P. Kibbie
  Betty Soukup
  Eugene Fraise
  Mark Shearer
  Dennis H. Black
  S-3352	S.F. 436	John P. Kibbie
  Betty Soukup
  Eugene Fraise
  Mark Shearer
  Dennis H. Black
  S-3353	S.F. 436	John P. Kibbie
  Eugene Fraise
  Dennis H. Black
  Mark Shearer
  S-3354	S.F. 424	House
  S-3355	S.F. 436	Merlin E. Bartz
  S-3356	H.F. 100	Jeff Lamberti
  S-3357	H.F. 746	Appropriations
  S-3358	S.F. 469	Derryl McLaren
  S-3359	H.F. 312	David Miller
  S-3360	S.F. 469	Michael W. Connolly
  S-3361	H.F. 664	Elaine Szymoniak

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:00 p.m.,
  until 9:00 a.m., Wednesday, April 14, 1999.
  1076	JOURNAL OF THE SENATE	93rd Day
  93rd Day	TUESDAY, APRIL 13, 1999	1075

© 1999 Cornell College and League of Women Voters of Iowa

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