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NINETY-FOURTH CALENDAR DAY FIFTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 14, 1999 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by the Honorable Larry McKibben, member of the Senate from Marshall County, Marshalltown, Iowa. The Journal of Tuesday, April 13, 1999, was approved 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, passed the following bill in which the concurrence of the Senate is asked: House File 762, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, providing for electronic access to public information by creating an Iowa Access network, authorizing fees, and providing an effective date. Read first time and referred to committee on Appropriations. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 12. Senate Concurrent Resolution 12 On motion of Senator Boettger, Senate Concurrent Resolution 12, a concurrent resolution urging that Iowa State University of Science and Technology retain the name of its College of Agriculture, with report of committee recommending passage, was taken up for consideration. Senator Boettger moved the adoption of Senate Concurrent Resolution 12, which motion prevailed by a voice vote. Senator Bartz took the chair at 9:55 a.m. UNFINISHED BUSINESS (Deferred April 13, 1999) Senate File 436 The Senate resumed consideration of 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, and amendment S-3337 filed by Senator Angelo on April 12, 1999, to pages 1-3 of the bill, deferred on April 13, 1999. President Kramer took the chair at 10:23 a.m. Senator Rittmer called up the motion 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, filed by him on April 13, 1999, found on page 1107 of the Senate Journal and moved its adoption. A record roll call was requested. On the question "Shall the motion to reconsider be adopted?" (S.F. 436) the vote was: Ayes, 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 Nays, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Absent or not voting, none. The motion prevailed and amendment S-3353 by Senator Kibbie, et al., to pages 1-5 of amendment S-3337, was taken up for reconsideration. President pro tempore Redfern took the chair at 11:15 a.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Freeman until she returns, on request on Senator Boettger. BUSINESS PENDING Senate File 436 The Senate resumed consideration of Senate File 436. Senator Kibbie moved adoption of amendment S-3353. On the question "Shall amendment S-3353 to amendment S-3337 be adopted?" (S.F. 436) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Kibbie Lundby McKean Shearer Soukup Szymoniak Nays, 28: Angelo Behn Boettger Drake Gaskill Hedge Iverson Jensen Johnson Judge King Kramer Lamberti Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: Freeman Amendment S-3353 lost. Senator Kibbie offered amendment S-3351 filed by Senators Kibbie, et al., on April 13, 1999, to pages 1 and 2 of amendment S-3337 moved its adoption and requested a record roll call. On the question "Shall amendment S-3351 to amendment S-3337 be adopted?" (S.F. 436) the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Hedge Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 25: Angelo Bartz Behn Boettger Drake Gaskill Iverson Jensen Johnson Kramer Lamberti Lundby Maddox McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 4: Freeman King McLaren Rife Amendment S-3351 lost. Senator Bartz offered amendment S-3355 filed by him on April 13, 1999, to page 5 of amendment S-3337. Senator Bartz asked and received unanimous consent that action on amendment S-3355 to amendment S-3337 be deferred. President Kramer took the chair at 12:06 p.m. Senator Kibbie offered amendment S-3350 filed by Senators Kibbie, et al., on April 13, 1999, to page 5 of amendment S-3337 moved its adoption and requested a record roll call. On the question "Shall amendment S-3350 to amendment S-3337 be adopted?" (S.F. 436) 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, 29: Angelo Bartz Behn Boettger Drake 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, 1: Freeman Amendment S-3350 lost. Senator Bartz moved adoption of amendment S-3355 filed by him on April 13, 1999, to page 5 of amendment S-3337, previously deferred, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he returns, on request of Senator Gronstal. BUSINESS PENDING Senate File 436 The Senate resumed consideration of Senate File 436. Senator Angelo moved adoption of amendment S-3337 filed by him on April 13, 1999, to pages 1-3 and to the title page of the bill. A record roll call was requested. On the question "Shall amendment S-3337 be adopted?" (S.F. 436), the vote was: Ayes, 31: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Kibbie Shearer Soukup Szymoniak Absent or not voting, 1: McCoy Amendment S-3337 was adopted. Senator Kibbie offered amendment S-3352 filed by Senators Kibbie, et al., on April 13, 1999, to pages 1 and 3 of the bill and moved its adoption. Amendment S-3352 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?" (S.F. 436), the vote was: Ayes, 39: Angelo Bartz Behn Black Boettger Dearden Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Szymoniak Veenstra Zieman Nays, 10: Bolkcom Connolly Deluhery Hammond Hansen Harper Rife Shearer Soukup Tinsman Absent or not voting, 1: McCoy 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 Senate File 436 and Senate Concurrent Resolution 12 be immediately messaged to the House. PRESENTATION OF VISITORS The Chair welcomed sixth grade students from Manson-Northwest Webster Middle School, Barnum, Iowa, who were present in the Senate gallery. Senator Sexton. 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 14, 1999, passed the following bill in which the concurrence of the House was asked: Senate File 276, a bill for an act relating to health care service and treatment coverage by providing for continuity of care, discussion and advocacy of treatment options, coverage of emergency room services, utilization review requirements, and an external review process, and providing an effective date. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 21, by Lundby and Drake, a concurrent resolution relating to the funding of the United Nations. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 1:42 p.m., until the fall of the gavel. APPENDIX REPORT OF COMMITTEE MEETING STATE GOVERNMENT Convened: April 8, 1999, 10:00 a.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, and Szymoniak. Members Absent: Sexton (excused). Recessed: 10:50 a.m. Reconvened: April 13, 1999, 5:00 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, and Szymoniak. Members Absent: Sexton (excused). Recessed: 6:15 p.m. Reconvened: April 14, 1999, 1:50 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Members Absent: None. Committee Business: Recommended governor's appointees for confirmation. Passed SF 470, as amended. Adjourned: 5:00 p.m. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 14, 1999, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 281 - Concerning the workforce development department, by providing for the establishment of a workforce development corporation, expenses for members of the regional advisory board to the workforce development board, authority to charge fees for certain services of the department, and Iowa conservation corps employee rights. S.F. 224 - Relating to proceedings before the utilities board and the provision of competitive utility services by allocating costs incurred by the utilities board and the office of consumer advocate to certain persons in certain proceedings related to providing competitive utility services, and by providing for the certification of competitive natural gas providers and aggregators, and providing an effective date. 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 14th day of April, 1999: Senate Files 190, 233, and 303. MICHAEL E. MARSHALL Secretary of the Senate REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 469, the following corrections were made: 1. Page 13, line 19, the words and numbers "Sections 1 through 4, 10, and 11" were changes to the words and numbers "Sections 1 through 4, 17, and 18". 2. Page 13, line 21, the words and numbers "Sections 5 through 9" were changed to the words and numbers "Sections 9 through 13". 3. Page 13, line 23, the words and numbers "Sections 102 and 103 of this Act are" were changed to the words and numbers "Section 15 of this Act is". 4. Page 13, line 25, the words and numbers "Sections 80, 81, 82, and 83" were changed to the words and numbers "Sections 5, 6, 7, and 16". MICHAEL E. MARSHALL Secretary of the Senate 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 14, 1999: STATE GOVERNMENT Traevena L. Potter-Hall - Administrator of the Division on the Status of African- Americans Gordon Mills - Architectural Examining Board Katherine Schwennsen - Architectural Examining Board Lois Leytem - Board of Examiners for Massage Therapy Marcus Vigen - Board of Mortuary Science Examiners Mark Smith - Board of Social Work Examiners Mary Ellen White - Commission of Veterans Affairs CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Eric A. Patterson, Ankeny - For achieving the rank of Eagle Scout. Senator Lamberti (04/14/99). Marjorie Shimp, Waterloo - For celebrating your 100th Birthday on April 11, 1999. Senator Rehberg (04/14/99). PETITIONS The following petitions were presented and placed on file by: Senator Gaskill, from eighteen residents of Kossuth County, Iowa, favoring legislation creating a Fuel Quality Standard in Iowa. Senator Miller, from forty-six residents of Jefferson County, Iowa, favoring legislation on Fuel Quality Standard (Ethanol). STUDY BILL RECEIVED SSB 1218 Ways and Means Relating to the state sales and use tax exemption of sales and rentals of property used for or in aquacultural production, and including an effective date and retroactive applicability provision. SUBCOMMITTEE ASSIGNMENT SSB 1218 WAYS AND MEANS: Hedge, Chair; McKibben and Soukup COMMITTEE REPORTS STATE GOVERNMENT Final Bill Action: SENATE FILE 470, a bill for an act relating to campaign finance disclosure by regulating express advocacy of candidates and ballot issues, requiring annual authorization for political representation financed from deductions from wages, dues, and fees, providing and applying penalties, providing an effective date and for applicability, and providing for severability. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3382. Final Vote: Ayes, 8: Rittmer, Lamberti, Drake, King, Maddox, McLaren, Schuerer, and Sexton. Nays, 7: Kibbie, Connolly, Dearden, Deluhery, Fink, Lundby, and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 418, a bill for an act exempting the sale of argon and similar gases used in the manufacturing process from the sales and use taxes, providing limited refunds, and including effective and retroactive applicability date provisions. Recommendation: DO PASS. Final Vote: Ayes, 14: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 758, a bill for an act relating to the authority of counties and cities to require storm shelters in mobile home parks, providing a property tax exemption, and providing an applicability date. Recommendation: DO PASS. Final Vote: Ayes, 14: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3362 H.F. 199 Michael W. Connolly S-3363 S.F. 445 Steven D. Hansen S-3364 H.F. 660 Larry McKibben S-3365 H.F. 734 John Redwine Elaine Szymoniak S-3366 H.F. 734 John Redwine Elaine Szymoniak S-3367 H.F. 746 Jerry Behn Dennis H. Black S-3368 H.F. 472 Andy McKean Mark Shearer S-3369 H.F. 737 House S-3370 S.F. 466 Merlin E. Bartz S-3371 S.F. 437 House S-3372 S.F. 429 House S-3373 S.F. 406 House S-3374 S.F. 470 Matt McCoy S-3375 S.F. 470 Dick L. Dearden S-3376 S.F. 470 John P. Kibbie S-3377 S.F. 470 John P. Kibbie S-3378 S.F. 393 House S-3379 S.F. 8 House S-3380 S.F. 186 House S-3381 S.F. 470 John P. Kibbie S-3382 S.F. 470 State Government S-3383 S.F. 189 House RECONVENED The Senate reconvened at 7:32 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. 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 14, 1999, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 8, a bill for an act relating to coverage under a policy or contract providing for third-party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes. (S-3379) Senate File 186, a bill for an act providing that a county enterprise includes housing for persons who are elderly or persons with physical disabilities. (S-3380) Senate File 189, a bill for an act to change the penalty for and to reclassify certain misdemeanors. (S-3383) Senate File 393, a bill for an act providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by counties, cities, fire districts, and school districts. (S-3378) Senate File 406, a bill for an act relating to entities and subject matter under the regulatory authority of the insurance division, including securities, business opportunities, cemetery merchandise and residential service contracts, providing for fees, and establishing penalties. (S-3373) Senate File 429, a bill for an act relating to notification of forfeited and cancelled mechanic's liens, challenging a mechanic's lien, and providing a remedy. (S-3372) Senate File 437, a bill for an act relating to notification regarding mechanics' liens. (S-3371) ALSO: That the House has on April 14, 1999, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: 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. (S-3369) ALSO: That the House has on April 14, 1999, passed the following bills in which the concurrence of the House was asked: Senate File 92, a bill for an act relating to the notice provisions for transfer of assets which create a medical assistance debt. Senate File 280, a bill for an act providing for investments by banks in Iowa agricultural industry finance corporations. ALSO: That the House has on April 14, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 761, a bill for an act relating to child care provisions administered by the department of human services and to the terminology used to describe child care, and including effective dates and applicability provisions. Read first time and referred to committee on Appropriations. ALSO: That the House has on April 14, 1999, adopted the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 15, a joint resolution to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and statewide public measures and providing an effective date. Read first time and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 471, by committee on Ways and Means, a bill for an act directing the department of revenue and finance to submit a proposal to simplify the Iowa individual income tax. Read first time and placed on Ways and Means calendar. Senate File 472, by committee on Ways and Means, a bill for an act relating to a sales and use tax exemption for the providing of personal emergency response system services. Read first time and placed on Ways and Means calendar. The Senate stood at ease at 7:36 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 8:23 p.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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise for the remainder of the day, on request of Senator Gronstal. CONFIRMATION OF GOVERNOR'S APPOINTMENT (Individual Confirmation Calendar) Senator Iverson called up the appointment of Paul W. Johnson, as Director of the Department of Natural Resources, placed on the Individual Confirmation Calendar on February 23, 1999, and found on page 371 of the Senate Journal. Senator King 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 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fraise McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Rife and McLaren until they return, on request of Senator Bartz. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of Janet Adams. as a member of the Investment Board of the IPERS, 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 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fraise McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Sheila Riggs, as a member of the Investment Board of the IPERS, 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 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fraise McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Therese M. Vaughan, as Commissioner of Insurance, placed on the Individual Confirmation Calendar on April 8, 1999, and found on page 1034 of the Senate Journal. Senator Jensen moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Lundby Absent or not voting, 3: Fraise McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Susan Frye, as a member of the Utilities Board, placed on the Individual Confirmation Calendar on April 7, 1999, and found on page 987 of the Senate Journal. Senator Deluhery moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Johnson McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Gary D. Stewart, as Consumer Advocate, placed on the Individual Confirmation Calendar on April 8, 1999, and found on page 1034 of the Senate Journal. Senator Gronstal 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 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fraise McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Jessie K. Rasmussen, as Director of the Department of Human Services, placed on the Individual Confirmation Calendar on April 13, 1999, and found on page 1106 of the Senate Journal. Senator Boettger moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 39: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rittmer Sexton Shearer Soukup Szymoniak Tinsman Nays, 7: Behn Jensen King Rehberg Schuerer Veenstra Zieman Absent or not voting, 4: Fraise Johnson McLaren Rife The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Brian B. Bales, as Executive Director of the Commission of Veterans Affairs, placed on the Individual Confirmation Calendar on March 31, 1999, and found on page 879 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 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 Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Lundby Schuerer Absent or not voting, 1: Fraise 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 Coverdale, as a member of the Commission on Community Action Agencies, placed on the Individual Confirmation Calendar on April 6, 1999, and found on page 974 of the Senate Journal. Senator Shearer moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 3: Lundby McKean Schuerer Absent or not voting, 1: Fraise The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Byron K. Orton, as Labor Commissioner, placed on the Individual Confirmation Calendar on March 31, 1999, and found on page 879 of the Senate Journal. Senator Schuerer moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 37: Bartz Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Gaskill Gronstal Hammond Hansen Harper Horn Iverson Jensen Johnson Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Redfern Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Nays, 12: Angelo Behn Boettger Freeman Hedge King Miller Redwine Rehberg Sexton Veenstra Zieman Absent or not voting, 1: Fraise The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. UNFINISHED BUSINESS House File 664 On motion of Senator Szymoniak, House File 664, a bill for an act creating an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Szymoniak offered amendment S-3217 filed by the committee on Human Resources on April 1, 1999, to page 1 and to the title page of the bill. Senator Szymoniak offered amendment S-3361 filed by her on April 13, 1999, to amendment S-3217 and moved its adoption. Amendment S-3361 was adopted by a voice vote. Senator Szymoniak offered amendment S-3318 filed by her on April 8, 1999, to amendment S-3217 and moved its adoption. Amendment S-3318 was adopted by a voice vote. Senator Szymoniak moved adoption of amendment S-3217 as amended. The motion prevailed and amendment S-3217 was adopted by a voice vote. Senator Szymoniak 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. 664), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn 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 Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Fraise The bill having received a constitutional majority was declared to have passed the Senate and the title, as amended, was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 115 Senator King called up for consideration Senate File 115, a bill for an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date, amended by the House in House amendment S-3298 filed April 7, 1999. Senator King offered amendment S-3387 filed by him from the floor, to amendment S-3298 and moved its adoption. A non-record roll call was requested. The ayes were 17, nays 31. Amendment S-3387 lost. Senator King offered amendment S-3390 filed by him from the floor, to amendment S-3298, moved its adoption and requested a record roll call. On the question "Shall amendment S-3390 to amendment S-3298 be adopted?" (S.F. 115) the vote was: Ayes, 20: Angelo Behn Boettger Freeman Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean Miller Redwine Rehberg Schuerer Tinsman Veenstra Zieman Nays, 28: Bartz Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Gaskill Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy McKibben McLaren Redfern Rittmer Sexton Shearer Soukup Szymoniak Absent or not voting, 2: Fraise Rife Amendment S-3390 lost. Senator King offered amendment S-3388 filed by him from the floor, to amendment S-3298, moved its adoption and requested a record roll call. On the question "Shall amendment S-3388 to amendment S-3298 be adopted?" (S.F. 115) the vote was: Ayes, 18: Angelo Behn Boettger Freeman Hedge Iverson Jensen Johnson King Lamberti Maddox McKean Miller Redwine Rehberg Schuerer Veenstra Zieman Nays, 30: Bartz Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Gaskill Gronstal Hammond Hansen Harper Horn Judge Kibbie Kramer Lundby McCoy McKibben McLaren Redfern Rittmer Sexton Shearer Soukup Szymoniak Tinsman Absent or not voting, 2: Fraise Rife Amendment S-3388 lost. Senator King offered amendment S-3389 filed by him from the floor, to amendment S-3298, moved its adoption and requested a record roll call. On the question "Shall amendment S-3389 to amendment S-3298 be adopted?" (S.F. 115) the vote was: Ayes, 19: Angelo Bartz Behn Boettger Freeman Gaskill Hedge Iverson Jensen Johnson King Lamberti McKean Miller Redwine Rehberg Schuerer Veenstra Zieman Nays, 30: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Gronstal Hammond Hansen Harper Horn Judge Kibbie Kramer Lundby Maddox McCoy McKibben McLaren Redfern Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Absent or not voting, 1: Fraise Amendment S-3389 lost. Senator King moved that the Senate concur in the House amendment. A record roll call was requested. On the question "Shall the motion to concur be adopted?" (S.F. 115) the vote was: Ayes, 38: Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Horn Iverson Jensen Johnson Judge Kibbie Kramer Lundby Maddox McCoy McKean McKibben McLaren Redfern Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Nays, 11: Angelo Behn Hedge King Lamberti Miller Redwine Rehberg Schuerer Veenstra Zieman Absent or not voting, 1: Fraise The motion prevailed and the Senate concurred in the House amendment. Senator King moved that the bill as amended by the House and concurred in by 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. 115), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn 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 Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 1: Zieman Absent or not voting, 1: Fraise 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 115 and House File 664 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 14, 1999, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 460, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, other properly related matters, and providing effective dates. (S-3392) INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 22, by Gronstal, a concurrent resolution designating a week in September 1999 as Iowa Education Week. Read first time and referred to committee on Rules and Administration. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 14, 1999, 6:00 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 760, as amended. Adjourned: 7:25 p.m. WAYS AND MEANS Convened: April 14, 1999, 4:15 p.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Members Absent: None. Committee Business: Approved SSBs 1044, 1215, 1216, and 1217. Passed HFs 418 and 758. Adjourned: 5:18 p.m. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: 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. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3391. 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. WAYS AND MEANS Final Bill Action: SENATE FILE 471 (SSB 1216), a bill for an act directing the department of revenue and finance to submit a proposal to simplify the Iowa individual income tax. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Johnson, McKibben, Harper, Bartz, Connolly, Flynn, Hedge, Lamberti, Redwine, and Soukup. Nays, none. Absent or not voting, 5: Bolkcom, Deluhery, Drake, Maddox, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 472 (SSB 1217), a bill for an act relating to a sales and use tax exemption for the providing of personal emergency response system services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Flynn, Hedge, Lamberti, Redwine, and Soukup. Nays, none. Absent or not voting, 4: Deluhery, Drake, Maddox, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3384 S.F. 470 Michael W. Connolly S-3385 S.F. 470 Michael W. Connolly S-3386 S.F. 470 Michael W. Connolly S-3387 S.F. 115 Steve King S-3388 S.F. 115 Steve King S-3389 S.F. 115 Steve King S-3390 S.F. 115 Steve King S-3391 H.F. 760 Appropriations S-3392 S.F. 460 House ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 10:31 p.m., until 9:00 a.m., Thursday, April 15, 1999. 1110 JOURNAL OF THE SENATE 94th Day 94th Day WEDNESDAY, APRIL 14, 1999 1109
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