Senate Journal: Tuesday, April 20, 1999

  ONE-HUNDRETH CALENDAR DAY
  FIFTY-EIGHTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, April 20, 1999

  The Senate met in regular session at 9:11 a.m., President Kramer
  presiding.

  Prayer was offered by Reverend L.C. Gebhardt of St. John's
  Lutheran Church, Charter Oak, Iowa.

  The Journal of Monday, April 19, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Lundby until she arrives, on request of Senator Freeman; Senator
  Gaskill
  until he arrives, on request of Senator Miller; Senator McCoy until he
  arrives, on
  request of Senator Dvorsky.

  UNFINISHED BUSINESS

  House File 172

  On motion of Senator Boettger, House File 172, a bill for an act
  relating to adoption procedural requirements including those related
  to investigations, reports, and counseling, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on April 8, 1999, was taken up for consideration.

  Senator Boettger offered amendment S-3401 filed by her on
  April 15, 1999, to page 2 of the bill and moved its adoption.

  Amendment S-3401 was adopted by a voice vote.
  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?" (H.F. 172), the vote was:

  Ayes, 47:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	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
  Sexton	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Gaskill	Lundby	McCoy		

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

  UNFINISHED BUSINESS

  House File 308

  On motion of Senator Angelo, House File 308, a bill for an act
  relating to peace officer status for investigators of the department of
  inspections and appeals, with report of committee recommending
  passage, placed on the Unfinished Business Calendar on
  April 8, 1999, was taken up for consideration.

  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. 308), the vote was:
  Ayes, 28:

  Angelo	Bartz	Behn	Boettger
  Deluhery	Drake	Freeman	Gronstal
  Iverson	Jensen	Judge	King
  Kramer	Lamberti	Maddox	McKean
  McKibben	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, 20:

  Black	Bolkcom	Connolly	Dearden
  Dvorsky	Fink	Flynn	Fraise
  Hammond	Hansen	Harper	Hedge
  Horn	Johnson	Kibbie	McCoy
  McLaren	Rife	Shearer	Szymoniak	

  Absent or not voting, 2:

  Gaskill	Lundby		

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

  HOUSE AMENDMENTS CONSIDERED

  Senate File 230

  Senator Maddox called up for consideration Senate File 230, a bill
  for an act updating the Iowa Code references to the Internal Revenue
  Code, extending the loss carryback period for farm net operating
  losses, providing certain tax credits to estates and trusts, and
  providing an effective date and a retroactive applicability date,
  amended by the House, and moved that the Senate concur in House
  amendment S-3302 filed April 7, 1999.

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

  Senator Maddox 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. 230), the vote was:
  Ayes, 28:

  Angelo	Bartz	Behn	Boettger
  Drake	Gaskill	Hedge	Iverson
  Jensen	Johnson	King	Kramer
  Lamberti	Lundby	Maddox	McKean
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rittmer	Schuerer
  Sexton	Tinsman	Veenstra	Zieman	

  Nays, 22:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fink	Flynn
  Fraise	Freeman	Gronstal	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	McCoy	Rife	Shearer
  Soukup	Szymoniak	

  Absent or not voting, none.	

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

  Senate File 186

  Senator Angelo called up for consideration Senate File 186, a bill
  for an act providing that a county enterprise includes housing for
  persons who are elderly or persons with physical disability, amended
  by the House, and moved that the Senate concur in House
  amendment S-3380 filed April 14, 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. 186), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	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
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Gaskill	Lundby			

  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 172, 308 and Senate Files 186 and 230 be
  immediately messaged to the House.

  UNFINISHED BUSINESS

  House File 210

  On motion of Senator Redfern, House File 210, a bill for an act
  relating to the exclusion of certain transactions under the business
  opportunities law and providing effective and retroactive applicability
  dates, with report of committee recommending passage, placed on the
  Unfinished Business Calendar on April 8, 1999, was taken up for
  consideration.

  Senator Redfern 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. 210), 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	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:

  Lundby			

  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 407

  Senator Fraise called up for consideration Senate File 407, a bill
  for an act relating to registration of all-terrain vehicles and
  snowmobiles and providing for and applying penalties, amended by
  the House, and moved that the Senate concur in House amendment
  S-3399 filed April 15, 1999.

  President pro tempore Redfern took the chair at 9:50 a.m.

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

  Senator Fraise 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. 407), 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	Maddox	McCoy
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, 1:

  Rife	

  Absent or not voting, 1:

  Lundby			

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

  UNFINISHED BUSINESS

  House File 255

  On motion of Senator Dvorsky, House File 255, a bill for an act
  relating to visitation provisions between siblings under a custody
  order, with report of committee recommending passage, placed on the
  Unfinished Business Calendar on April 8, 1999, was taken up for
  consideration.

  Senator Dvorsky 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. 255), 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	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:

  Lundby			

  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 Gronstal until he returns, on request of Senator Hansen.

  UNFINISHED BUSINESS

  House File 312

  On motion of Senator Bartz, House File 312, a bill for an act
  relating to regulation of the grain industry and providing for civil
  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-3359 filed by him on
  April 13, 1999, to pages 2-6, 8 and 9 of the bill and moved its
  adoption.

  A non-record roll call was requested.

  The ayes were 19, nays 26.

  Amendment S-3359 lost.
  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. 312), the vote was:

  Ayes, 44:

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

  Nays, 3:

  Fraise	Hedge	Miller	

  Absent or not voting, 3:

  Freeman	Gronstal	Lundby		

  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 210, 255, 312 and Senate File 407 be immediately
  messaged to the House.

  HOUSE AMENDMENTS CONSIDERED

  Senate File 413

  Senator Redwine called up for consideration 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, amended by
  the House, and moved that the Senate concur in House amendment
  S-3341 filed April 13, 1999.

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

  Senator Redwine 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. 413), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Gaskill	Hammond	Hansen
  Harper	Hedge	Horn	Iverson
  Jensen	Johnson	Judge	Kibbie
  King	Kramer	Lamberti	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, 4:

  Fraise	Freeman	Gronstal	Lundby	


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

  Senate File 294

  Senator Angelo called up for consideration Senate File 294, a bill
  for an act relating to lifetime registration for certain sex offenders,
  the performance of sex offender risk assessments, and the procedures
  for dissemination of registry information to agencies and the public,
  amended by the House, and moved that the Senate concur in House
  amendment S-3413 filed April 15, 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. 294), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Hammond	Hansen	Harper	Hedge
  Horn	Iverson	Jensen	Johnson
  Judge	Kibbie	King	Kramer
  Lamberti	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, 2:

  Gronstal	Lundby			

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

  UNFINISHED BUSINESS

  House File 433

  On motion of Senator King, House File 433, a bill for an act
  relating to the exclusion of certain transactions involving a public
  utility or common carrier from the applicability of the consumer
  credit code, with report of committee without recommendation,
  placed on the Unfinished Business Calendar on April 8, 1999, was
  taken up for consideration.
  Senator Deluhery asked and received unanimous consent that
  action on House File 433 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 294 and 413 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:44 a.m.,
  until 1:00 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
  20th day
  of April, 1999:

  Senate Files 51, 106, and 264.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:

  Fifth grade students from Colo-Nesco, McCallsburg elementary,
  McCallsburg, Iowa, accompanied by Kathy Bendixen, Denise Hill,
  and seven parents.  Senator McKibben.

  STUDY BILL RECEIVED

  SSB 1221	Ways and Means

  Relating to the appropriation made for the livestock production tax
  credit.

  SUBCOMMITTEE ASSIGNMENTS

  House File 748

  WAYS AND MEANS:  McKibben, Chair; Deluhery and Johnson

  House File 749

  WAYS AND MEANS:  Redwine, Chair; Bolkcom and Johnson

  House File 767

  WAYS AND MEANS:  Lamberti, Chair; Flynn and Johnson

  SSB 1221

  WAYS AND MEANS:  Hedge, Chair; Johnson and Soukup
  AFTERNOON SESSION

  The Senate reconvened at 1:06 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 35 present, 15 absent, and a quorum present.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Drake until he returns, on request of Senator Jensen; Senator
  Szymoniak
  until she returns, on request of Senator Dvorsky.

  SPECIAL GUEST

  The Chair welcomed the Honorable Bill Reichardt, former member
  of the Senate from Polk County, Des Moines, Iowa, who was present
  on the floor of the Senate.

  HOUSE AMENDMENT CONSIDERED

  Senate File 460

  Senator Redwine called up for consideration 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 date, amended by the House in House amendment
  S-3392 filed April 14, 1999.

  Senator Flynn asked and received unanimous consent to withdraw
  amendment S-3440 filed by him from the floor to amendment
  S-3392.

  Senator Flynn asked and received unanimous consent to withdraw
  amendment S-3441 filed by him from the floor to amendment
  S-3392.
  Senator Redwine moved that the Senate concur in the House
  amendment.

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

  Senator Redwine 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. 460), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	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	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Drake	Szymoniak			

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

  Senator Iverson asked and received unanimous consent that
  Senate File 460 be immediately messaged to the House.

  HOUSE AMENDMENTS CONSIDERED

  Senate File 248

  Senator Redwine called up for consideration Senate File 248, a bill
  for an act relating to acquired immune deficiency syndrome,
  providing penalties, and providing for a repeal, amended by the
  House, and moved that the Senate concur in House amendment
  S-3265 filed April 6, 1999.

  The motion lost by a voice vote and the Senate refused to concur
  in the House amendment.

  Senate File 8

  Senator Maddox called up for consideration 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, amended by the House, and
  moved that the Senate concur in House amendment S-3379 filed
  April 14, 1999.

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

  Senator Maddox 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. 8), the vote was:

  Ayes, 46:

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

  Nays, 3:

  Behn	King	Redwine	
  Absent or not voting, 1:

  Drake			

  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 8 and 248 be immediately messaged to the House.

  PRESENTATION OF VISITORS

  The Chair welcomed fourth-grade students from Southeast
  Elementary School, Ankeny, Iowa.  Senator Lamberti.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Bartz until he returns, on request of Senator Freeman.

  BUSINESS PENDING

  House File 433

  The Senate resumed consideration of House File 433, a bill for an
  act relating to the exclusion of certain transactions involving a public
  utility or common carrier from the applicability of the consumer
  credit code, previously deferred.

  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. 433), the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.
  Ayes, 25:

  Angelo	Behn	Boettger	Drake
  Freeman	Hedge	Iverson	Jensen
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Shearer	Veenstra
  Zieman	

  Nays, 24:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fink	Flynn
  Fraise	Gaskill	Gronstal	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	McCoy	McKean	Rife
  Sexton	Soukup	Szymoniak	Tinsman	

  Absent or not voting, 1:

  Bartz			

  The bill having not received a constitutional majority was declared
  to have failed to pass the Senate.

  The Senate stood at ease at 2:10 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 3:55 p.m., President Kramer
  presiding.

  PRESENTATION OF VISITORS

  The Chair welcomed fourth and fifth grade students from Coolidge
  Elementary School, Cedar Rapids, Iowa.  Senator Horn.

  UNFINISHED BUSINESS

  House File 115

  On motion of Senator Gaskill, House File 115, a bill for an act
  relating to the award of a contract for a public improvement by a city
  or the governing body of a city utility, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on April 8, 1999, was taken up for consideration.
  Senator Gaskill 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. 115), 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	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  Redfern			

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

  UNFINISHED BUSINESS

  House File 448

  On motion of Senator Bolkcom, House File 448, a bill for an act
  prohibiting the transmission of electronic mail which includes
  advertisements in certain circumstances and providing for monetary
  damages, criminal penalties, and other remedies, with report of
  committee recommending passage, placed on the Unfinished
  Business Calendar on April 8, 1999, was taken up for consideration.

  Senator Bolkcom offered amendment S-3439 filed by Senators
  Bolkcom and Jensen on April 19, 1999, striking everything after the
  enacting clause of the bill and moved its adoption.
  Amendment S-3439 was adopted by a voice vote.

  Senator Bolkcom 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. 448), the vote was:

  Ayes, 50:

  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	Sexton
  Shearer	Soukup	Szymoniak	Tinsman
  Veenstra	Zieman	

  Nays, none.

  Absent or not voting, none.

  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 for the remainder of the day, on request of Senator Kramer.

  UNFINISHED BUSINESS

  House File 343

  On motion of Senator Shearer, House File 343, a bill for an act
  providing for the collection of moneys by a county board of
  supervisors arising out of the construction of a drainage improvement
  within a railroad right-of-way, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on April 8, 1999, was taken up for consideration.

  Senator Shearer offered amendment S-3444 filed by him from the
  floor, to page 1 of the bill and moved its adoption.

  Amendment S-3444 was adopted by a voice vote.

  Senator Shearer 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. 343), the vote was:

  Ayes, 48:

  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	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, 1:

  Angelo	

  Absent or not voting, 1:

  McCoy			

  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 115, 343 and 448 be immediately messaged to the
  House.
  HOUSE AMENDMENTS CONSIDERED

  Senate File 287

  Senator Veenstra called up for consideration Senate File 287, a bill
  for an act relating to child welfare provisions involving foster home
  damages, voluntary foster care placements of children with mental
  retardation or other developmental disability, release of child abuse
  information, and annual group foster care and decategorization
  plans, and providing a contingent effective date, amended by the
  House, and moved that the Senate concur in House amendment
  S-3404 filed April 15, 1999.

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

  Senator Veenstra 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. 287), 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
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

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

  Senate File 429

  Senator Lamberti called up for consideration 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, amended by the House, and moved that the Senate concur in
  House amendment S-3372 filed April 14, 1999.

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

  Senator Lamberti 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. 429), 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	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  McCoy	McLaren			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  Senate File 437

  Senator Lamberti called up for consideration Senate File 437, a
  bill for an act relating to notification regarding mechanics' liens,
  amended by the House, and moved that the Senate concur in House
  amendment S-3371 filed April 14, 1999.

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

  Senator Lamberti 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. 437), 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
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  McCoy			

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

  The Senate stood at ease at 4:36 p.m. until the fall of the gavel.

  The Senate resumed session at 4:45 p.m., President Kramer
  presiding.
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 287, 429 and 437 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 19, 1999, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 468, a bill for an act relating to and making
  appropriations to the justice system and providing effective dates.
  (S-3442)

  ALSO:  That the House has on April 20, 1999, passed the following bill in
  which the
  concurrence of the House was asked:

  Senate File 436, a bill for an act relating to practices involving
  the marketing of livestock concerning packers, by providing for the
  regulation of certain purchase information and contracting, and
  providing penalties and effective dates.

  ALSO:  That the House has on April 20, 1999, concurred in the Senate
  amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  House File 472, a bill for an act relating to burial sites on private
  property.

  House File 660, a bill for an act relating to certain property of a
  debtor which is exempt from execution, and providing an effective
  date and for the Act's applicability.

  House File 721, a bill for an act relating to the Iowa egg council
  by providing for its administration and membership, and providing
  an effective date.
  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 23, by Rittmer and Kibbie, a
  concurrent resolution encouraging Congress to rescind Health Care
  Financing Administration rules requiring onerous home health
  agency reporting.

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

  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  Senate File 459 be referred from the Ways and Means Calendar
  to the committee on Appropriations.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  RULES AND ADMINISTRATION

  Convened:  April 20, 1999, 4:40 p.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Dvorsky, Fink, Harper, Lundby, Redfern, Rehberg, and Rittmer.

  Members Absent:  Jensen (excused).

  Recessed:  4:42 p.m.

  Reconvened:  April 20, 1999, 4:43 p.m.

  Committee Business:  Passed SCR 14, SCR 22, SR 14, SR 15, and HJR 15.

  Adjourned:  4:44 p.m.

  CERTIFICATES OF RECOGNITION

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

  Jeremiah Cantu, McGregor - For achieving the rank of Eagle Scout.  Senator
  Zieman (04/20/99).

  Travis Weipert, McGregor - For achieving the rank of Eagle Scout.  Senator
  Zieman (04/20/99).

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 433
  failed to pass the Senate on April 20, 1999.

  MICHAEL E. GRONSTAL

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 433
  failed to pass the Senate on April 20, 1999.

  MIKE SEXTON

  PETITIONS

  The following petitions were presented and placed on file by:
  Senator Rife, from two hundred and forty residents of Jones,
  Cedar, and Scott Counties, Iowa, favoring legislation for school
  infrastructure funding.

  Senator Connolly, from Dubuque residents, favoring legislation on
  the bond referendum.

  STUDY BILLS RECEIVED

  SSB 1222	Ways and Means

  Increasing the state foundation base for purposes of the state
  school aid funding formula and including effective and applicability
  date provisions.

  SSB 1223	Ways and Means

  Exempting from the state sales and use taxes certain equipment
  used in transmitting telecommunications services.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 459

  APPROPRIATIONS:  Redwine, Chair; Connolly and McLaren

  SSB 1222

  WAYS AND MEANS:  Lamberti, Chair; Harper and Maddox

  SSB 1223

  WAYS AND MEANS:  McKibben, Chair; Flynn and Johnson

  COMMITTEE REPORTS

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 14, a concurrent
  resolution urging congressional action to reject the plan by the United
  States Census
  Bureau to use statistical sampling in reporting population data to the
  states for
  purposes of redistricting.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper,
  Lundby,
  Redfern, Rehberg, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Jensen.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 22, a concurrent
  resolution designating a week in September 1999 as Iowa Education Week.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper,
  Lundby,
  Redfern, Rehberg, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Jensen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 14, a resolution honoring Nina Smith
  for
  being named girls' high school basketball National Player of the Year.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper,
  Lundby,
  Redfern, Rehberg, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Jensen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 15, a resolution honoring the city of
  Cedar Rapids on its sesquicentiennial year.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper,
  Lundby,
  Redfern, Rehberg, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Jensen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote: Ayes, 10:  Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper,
  Lundby,
  Redfern, Rehberg, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Jensen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AMENDMENTS FILED

  S-3440	S.F. 460	Tom Flynn
  S-3441	S.F. 460	Tom Flynn
  S-3442	S.F. 468	House
  S-3443	S.F. 466	Mike Sexton
  S-3444	H.F. 343	Mark Shearer
  S-3445	S.F. 470	Jeff Lamberti
  S-3446	S.F. 470	Jeff Lamberti
  S-3447	H.F. 322	Merlin E. Bartz
  S-3448	S.F. 470	Jeff Lamberti

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 4:47 p.m.,
  until 9:00 a.m., Wednesday, April 21, 1999.
  1202	JOURNAL OF THE SENATE	100th Day
  100th Day	TUESDAY, APRIL 20, 1999	1201

© 1999 Cornell College and League of Women Voters of Iowa

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