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ONE-HUNDRED SECOND CALENDAR DAY SIXTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 22, 1999 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by Reverend Dan Herndon, pastor of Trinity Methodist Church, Waverly, Iowa. The Journal of Wednesday, April 21, 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 21, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 769, a bill for an act relating to the classification of apartments in condominiums for purposes of property taxation.%'% Read first time and referred to committee on Ways and Means. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Zieman until he arrives, on request of Senator Johnson; Senator McCoy until he arrives, on request of Senator Dearden. UNFINISHED BUSINESS Senate File 466 On motion of Senator Sexton, Senate File 466, a bill for an act relating to the remediation of agrichemical sites, providing for %'% fees, and providing for the repeal of a section relating to cleanup prioritization, placed on the Unfinished Business Calendar on %'% April 5, 1999, with report of committee on Ways and Means recommending passage, was taken up for consideration. Senator Sexton offered amendment S-3443 filed by him on April 20, 1999, to pages 1-7 and 10-16 of the bill and moved its adoption. Amendment S-3443 was adopted by a voice vote. With the adoption of amendment S-3443, the Chair ruled amendment S-3370, filed by Senator Bartz on April 14, 1999, to page 16 of the bill, out of order. Senator Sexton 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. 466), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 2: McCoy Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PRESENTATION OF VISITORS The Chair welcomed sixth grade students from Northwestern Middle School, Barnum, Iowa. Senator Sexton. The Chair welcomed students from West Central Middle School, Redfield, Iowa. Senator Johnson. UNFINISHED BUSINESS (Ways and Means Calendar) Senate File 459 On motion of Senator Redfern, Senate File 459, a bill for an act relating to state school aid for budget years commencing with the budget year beginning July 1, 1999, and making appropriations and including effective and applicability date provisions, with %'% report of committee on Appropriations recommending amendment and passage, placed on the Unfinished Business Calendar on March 31, 1999, was taken up for consideration. The Senate stood at ease at 9:40 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:43 a.m., President Kramer presiding. Senator Redfern offered amendment S-3451 filed by the committee on Appropriations on April 21, 1999, to pages 2, 5-8 and 11 of the bill and moved its adoption. Amendment S-3451 was adopted by a voice vote. Senator Connolly asked and received unanimous consent to withdraw amendment S-3452 filed by him on April 21, 1999, to pages 1 and 11 of the bill. Senator Connolly asked and received unanimous consent that action on Senate File 459 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Maddox until he returns, on request of Senator Angelo; Senator Jensen until he arrives, on request of Senator Iverson. UNFINISHED BUSINESS (Deferred March 25, 1999) House File 322 The Senate resumed consideration of House File 322, a bill for an act relating to production contracts, providing penalties, and %'% providing an effective date, deferred March 25, 1999, was taken up for consideration. Senator Bartz asked and received unanimous consent to withdraw amendment S-3398 filed by him on April 15, 1999, striking everything after the enacting clause and to the title page of the bill. Senator Bartz offered amendment S-3447 filed by him on April 20, 1999, striking everything after the enacting clause of the bill. Senator Bartz offered amendment S-3462 filed by him on April 21, 1999, to page 3 of amendment S-3447 and moved its adoption. Amendment S-3462 was adopted by a voice vote. Senator Bartz moved adoption of amendment S-3447, which motion prevailed by a voice vote. 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. 322), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Johnson Judge Kibbie King Kramer Lamberti Lundby McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 3: Jensen Maddox Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Bartz asked and received unanimous consent that Senate File 443 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 466 and House File 322 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 21, 1999, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 464, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing effective dates. (S-3463) ALSO: That the House has on April 22, 1999, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 521, a bill for an act relating to the licensure and operation of employment agencies and providing a penalty. ALSO: That the House has on April 22, 1999, receded from the House amendment to, and passed the following bill in which the concurrence of the House was asked: Senate File 248, a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. ALSO: That the House has on April 22, 1999, passed the following bills in which the concurrence of the House was asked: Senate File 305, a bill for an act relating to the payment by a county of the family farm tax credit and reimbursement to the county of its payment and including an effective date. Senate File 308, a bill for an act relating to the levy rate for fire protection imposed in an area of a benefited fire district and including an effective date. ALSO: That the House has on April 22, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 755, a bill for an act relating to the time limit when property omitted from assessment may be assessed and when a taxpayer may receive a refund for erroneous property taxes paid and including an effective date provision. Read first time and referred to committee on Ways and Means. House File 757, a bill for an act relating to the payment and allocation of the real estate transfer tax. Read first time and referred to committee on Ways and Means. INTRODUCTION OF BILL Senate File 476, by committee on Appropriations, a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation. Read first time and placed on Appropriations calendar. RECESS On motion of Senator Iverson, the Senate recessed at 11:13 a.m., until 1:30 p.m. APPENDIX REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 21, 1999, 11:05 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Bolkcom, Connolly, Deluhery, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Members Absent: Black, Dvorsky, and Maddox (all excused). Recessed: 11:20 a.m. Reconvened: April 21, 1999, 8:50 p.m. Committee Business: Passed HF 761. Approved SSB 1224. Adjourned: 8:55 p.m. BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 22nd day of April, 1999: Senate Files 115, 176, 216, 392, and 405. MICHAEL E. MARSHALL Secretary of the Senate REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 405, the following corrections were made: 1. Page 3, line 9, the words "workers compensation" were changed to the words "workers' compensation". 2. Page 4, line 11, the words "workers compensation" were changed to the words "workers' compensation". MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 424, the following correction was made: 1. Page 7, line 33, the word and number "Section 4" were changed to the word and number "Section 6". MICHAEL E. MARSHALL Secretary of the Senate SUBCOMMITTEE ASSIGNMENTS House File 757 WAYS AND MEANS: Bartz, Chair; Harper and Maddox House File 769 WAYS AND MEANS: McLaren, Chair; Drake and Soukup COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 476 (SSB 1224), a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 20: McLaren, Kramer, Flynn, Bolkcom, Connolly, Deluhery, Freeman, Hammond, Horn, Jensen, Johnson, King, Lamberti, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, 2: Behn and Hedge. Absent or not voting, 3: Black, Dvorsky, and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 22: McLaren, Kramer, Flynn, Behn, Bolkcom, Connolly, Deluhery, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 3: Black, Dvorsky, and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 1:53 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 40 present, 10 absent, and a quorum present. PRESENTATION OF VISITORS The Chair welcomed sixth grade students from the East Buchanan School DARE Program. Senator Rehberg. The Chair welcomed the eighth grade class from Issac Newton Christian Academy, Cedar Rapids, Iowa. Senator Schuerer. HOUSE AMENDMENT CONSIDERED Senate File 395 Senator Angelo called up for consideration Senate File 395, a bill for an act relating to the department of corrections by providing for purchases from Iowa prison industries, the study of inmate worker safety issues, the establishment of a criminal offense for attempts to escape, the crediting of time served by inmates, inmate work program agreements, the revolving farm fund, and deductions from inmate work program earnings, standards for the employment of probation and parole officers, and making penalties applicable, amended by the House, and moved that the Senate concur in House amendment S-3405 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. 395), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge 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, 2: Dearden Horn The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 708 On motion of Senator Tinsman, House File 708, a bill for an act establishing a governor's award for quality care in health care facilities, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken %'% up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 708), 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. UNFINISHED BUSINESS House File 688 On motion of Senator Fink, House File 688, a bill for an act providing for the designation of a state poet laureate, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Dvorsky offered amendment S-3312 filed by Senators Dvorsky, Fink and Rittmer on April 8, 1999, to page 1 of the bill and moved its adoption. Amendment S-3312 was adopted by a voice vote. Senator Fink 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. 688), 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 395 and House Files 688 and 708 be immediately messaged to the House. BUSINESS PENDING Senate File 459 The Senate resumed consideration of Senate File 459, a bill for an act relating to state school aid for budget years commencing with the budget year beginning July 1, 1999, and making appropriations and including effective and applicability date provisions, %'% previously deferred. Senator McCoy offered amendment S-3470 filed by Senators McCoy and Dearden from the floor, to page 1 and to the title page of the bill. Senator Redfern raised the point of order that amendment S-3470 was not germane to the bill. The Chair ruled the point well taken and amendment S-3470 out of order. Senator Rife asked and received unanimous consent to withdraw amendment S-3468 filed by him from the floor to page 1 of the bill. Senator Rife offered amendment S-3469 filed by him from the floor, to pages 1 and 9-11 of the bill. The Senate stood at ease at 2:35 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:36 p.m., President Kramer presiding. SPECIAL GUEST The Chair welcomed the Honorable James Black, former member of the Senate from Kossuth County, Algona, Iowa, who was present in the Senate chamber. QUORUM CALL Senator Hansen requested a non-record roll call to determine that a quorum was present. The vote revealed 31 present, 19 absent, and a quorum present. BUSINESS PENDING Senate File 459 The Senate resumed consideration of Senate File 459. Senator Rife asked and received unanimous consent to withdraw amendment S-3469. Senator Gronstal asked unanimous consent that action on Senate File 459 be deferred. Senator Boettger took the chair at 3:54 p.m. President Kramer took the chair at 4:00 p.m. Senator Gronstal withdrew his request. Senator Connolly offered amendment S-3471 filed by Senators Connolly and Hammond from the floor, to page 11 of the bill. Senator Redfern raised the point of order that amendment S-3471 was not germane to the bill. The Chair ruled the point well taken and amendment S-3471 out of order. 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?" (S.F. 459), 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Rife 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 459 be immediately messaged to the House. The Senate stood at ease at 4:42 p.m. until the fall of the gavel. The Senate resumed session at 5:42 p.m., President Kramer presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Schuerer until he returns, on request of Senator Bartz. COMMITTEE REPORT EDUCATION Final Bill Action: HOUSE FILE 766, a bill for an act relating to the national board certification awards, establishing a national board certification pilot project, and requiring studies by the department of education. Recommendation: DO PASS. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 766. House File 766 On motion of Senator Rehberg, House File 766, a bill for an act relating to the national board certification awards, establishing %'% a national board certification pilot project, and requiring studies by the department of education, with report of committee recommending passage, was taken up for consideration. Senator Rehberg offered amendment S-3474 filed by her from the floor, to page 2 of the bill and moved its adoption. Amendment S-3474 was adopted by a voice vote. 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. 766), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Rife Schuerer 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 464 Senator Rehberg called up for consideration Senate File 464, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing effective dates, amended by the House in House amendment S-3463 filed April 22, 1999. Senator Rehberg offered amendment S-3472 filed by Senators Rehberg and Angelo from the floor, to pages 8 and 11 of amendment S-3463 and moved its adoption. Amendment S-3472 was adopted by a voice vote. Senator Angelo offered amendment S-3476 filed by Senators Angelo and Rehberg from the floor, to pages 9, 23 and 31 of amendment S-3463 and moved its adoption. Amendment S-3476 was adopted by a voice vote. Senator Connolly offered amendment S-3473 filed by Senators Connolly and Hansen from the floor, to page 24 of amendment S-3463, moved its adoption and requested a record roll call. On the question "Shall amendment S-3473 to House amendment S-3463 be adopted?" (S.F. 464) the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gronstal Hansen Horn Judge Kibbie McCoy Rittmer Shearer Soukup Szymoniak Tinsman Veenstra Nays, 27: Angelo Bartz Behn Boettger Drake Gaskill Hammond Harper Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Sexton Zieman Absent or not voting, 1: Schuerer Amendment S-3473 lost. Senator Rehberg moved that the Senate concur in the House amendment, as amended. The motion prevailed by a voice vote and the Senate concurred in the House amendment, as amended. Senator Rehberg moved that the bill, as amended by the House, further amended 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. 464), 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 Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Schuerer 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 464 and House File 766 be immediately messaged to the House. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 15. Senate Resolution 15 On motion of Senator Lundby, Senate Resolution 15, a resolution honoring the City of Cedar Rapids on its sesquicentennial year, with report of committee recommending passage, was taken up for consideration. Senator Lundby moved the adoption of Senate Resolution 15, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Ways and Means) Senator Iverson asked and received unanimous consent to take up for consideration House File 199. House File 199 On motion of Senator Lamberti, House File 199, a bill for an act relating to the taxation of aircraft under the state sales, services, and use taxes, with report of committee recommending passage, was taken up for consideration. Senator Connolly asked and received unanimous consent to withdraw amendment S-3257 filed by him on April 6, 1999, to pages 1 and 3 of the bill. Senator Connolly asked and received unanimous consent to withdraw amendment S-3362 filed by him on April 14, 1999, to pages 1, 3 and to the title page of the bill. 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. 199), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Dearden Absent or not voting, 1: Schuerer The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 675 On motion of Senator Sexton, House File 675, a bill for an act relating to schools and school districts by affecting boiler and steam vessel maintenance and monitoring, the regular school calendar, superintendent licensure and qualifications, and school breakfast programming, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Sexton offered amendment S-3218 filed by the committee on Education on April 1, 1999, to pages 1-3, 5, 6 and to the title page of the bill. Senator Connolly asked and received unanimous consent to withdraw amendment S-3258 filed by him on April 6, 1999, to page 1 of amendment S-3218. Senator Sexton offered amendment S-3411 filed by Senators Sexton and Connolly on April 15, 1999, to pages 1 and 3-5 of amendment S-3218 and moved its adoption. Amendment S-3411 was adopted by a voice vote. Senator Sexton moved adoption of amendment S-3218, which motion prevailed by a voice vote. Senator Sexton 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. 675), 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 Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Schuerer 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 199 and 675 be immediately messaged to the House. INTRODUCTION OF BILLS Senate File 477, by committee on Ways and Means , a bill for an act relating to the appropriation made for the livestock production tax credit. Read first time and placed on Ways and Means calendar. Senate File 478, by committee on Ways and Means, a bill for an act 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. Read first time and placed on Ways and Means calendar. 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 22, 1999, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 137, a bill for an act relating to funding for the arts by providing an Iowa individual income tax checkoff for the arts, making an appropriation, and providing a retroactive applicability date. (S-3467) APPENDIX REPORTS OF COMMITTEE MEETINGS EDUCATION Convened: April 22, 1999, 1:25 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Members; Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Members Absent: None. Committee Business: Passed HF 766. Adjourned: 1:29 p.m. WAYS AND MEANS Convened: April 22, 1999, 11:27 a.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 1218 and 1221. Passed HF 749, as amended. Passed HFs 744, 748, 767, and 769. Adjourned: 1:18 p.m. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 21, 1999, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 277 - Relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner. A communication was received announcing that on April 22, 1999, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 51 - Authorizing a county conservation board to cooperate with private, not-for-profit organizations to carry out conservationand recreation programs. S.F. 106 - Providing for accessibility requirements for church buildings and providing an effective date. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 459, the following corrections were made: 1. Page 14, line 31, the words and numbers "Sections 1 through 11" were changed to the words and numbers "Sections 1 through 15". 2. Page 14, line 35, the words and numbers "Sections 12 through 15" were changed to the words and numbers "Sections 16 through 19".%'% MICHAEL E. MARSHALL Secretary of the Senate CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Matt Hildebrandt, LeGrand - For achieving the rank of Eagle Scout. Senator McKibben (04/22/99). Brian Kreimeyer, Marshalltown - For achieving the rank of Eagle Scout. Senator McKibben (04/22/99). Burl and Maysel Bone, Conrad - For celebrating your 65th Wedding Anniversary on April 22, 1999. Senator McKibben (04/22/99). Connor Reynolds, Marshalltown - For achieving the rank of Eagle Scout. Senator McKibben (04/22/99). David Stanfield, Marshalltown - For achieving the rank of Eagle Scout. Senator McKibben (04/22/99). PETITION The following petition was presented and placed on file by: Senator Rehberg, from twenty-eight residents of Fayette County, Iowa, favoring legislation supporting a fuel quality standard for %'% Iowa. COMMITTEE REPORTS WAYS AND MEANS Final Bill Action: SENATE FILE 477 (SSB 1221), a bill for an act relating to the appropriation made for the livestock production tax credit. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 478 (SSB 1218), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 744, a bill for an act relating to reductions in the state individual income tax by increasing the deduction for pension income and increasing the personal and dependent credits, and including a retroactive applicability date provision. Recommendation: DO PASS. Final Vote: Ayes, 12: Johnson, McKibben, Bartz, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, and Redwine. Nays, 3: Harper, Bolkcom, and Soukup. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 748, a bill for an act exempting internet from the state sales, services, and use taxes. Recommendation: DO PASS. Final Vote: Ayes, 12: Johnson, McKibben, Bartz, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, and Redwine. Nays, 3: Harper, Bolkcom, and Soukup. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 767, a bill for an act relating to certified capital companies and providing for a certified capital company insurance premium tax credit. Recommendation: DO PASS. Final Vote: Ayes, 14: Johnson, McKibben, Harper, Bartz, Bolkcom, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, 1: Connolly. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 769, a bill for an act relating to the classification of apartments in condominiums for purposes of property taxation. Recommendation: DO PASS. Final Vote: Ayes, 10: Johnson, McKibben, Bartz, Deluhery, Drake, Flynn, Lamberti, Maddox, McLaren, and Redwine. Nays, 4: Harper,Bolkcom, Connolly, and Hedge. Absent or not voting, 1: Soukup. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *HOUSE FILE 749, a bill for an act relating to a sales tax exemption for the inputs purchased for use in a vehicle wash and wax facility. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3475. Final Vote: Ayes, 13: Johnson, McKibben, Harper, Bartz, Bolkcom, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, and Redwine. Nays, 2: Connolly and Soukup. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on House File 749, and they were attached to the committee report. AMENDMENTS FILED S-3463 S.F. 464 House S-3464 H.F. 761 Jeff Angelo S-3465 H.F. 761 Jeff Angelo S-3466 H.F. 761 Jeff Angelo S-3467 S.F. 137 House S-3468 S.F. 459 Jack Rife S-3469 S.F. 459 Jack Rife S-3470 S.F. 459 Matt McCoy Dick L. Dearden S-3471 S.F. 459 Michael W. Connolly Johnie Hammond S-3472 S.F. 464 Kitty Rehberg Jeff Angelo S-3473 S.F. 464 Michael W. Connolly Steven D. Hansen S-3474 H.F. 766 Kitty Rehberg S-3475 H.F. 749 Ways and Means S-3476 S.F. 464 Jeff Angelo Kitty Rehberg ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:34 p.m., until 10:00 a.m., Monday, April 26, 1999. 1254 JOURNAL OF THE SENATE 102nd Day 102nd Day THURSDAY, APRIL 22, 1999 1255
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