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__________ ONE-HUNDRED SIXTH CALENDAR DAY SIXTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 26, 1999 The Senate met in regular session at 10:23 a.m., President Kramer presiding. The Kuhlmann Sisters sang "The National Anthem." They were followed by their father, Gerald Kuhlmann, who led the Senate in "The Pledge of Allegiance." Prayer was offered by the Honorable Eugene Fraise, member of the Senate from Lee County, Fort Madison, Iowa. The Journal of Thursday, April 22, 1999, was approved. ANNOUNCEMENT President Kramer announced that the Senate Pages Mary Jo Hommer, Jaqui Waddell, Emily Kinser and Lisa DeBoef were nominees for the Des Moines Register Academic All-State award. 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 22, 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 476, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability. (S-3478) ALSO: That the House has on April 22, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 733, a bill for an act relating to economic development tax credits by amending the new investment tax credit under the new jobs and income program, amending the incentives and assistance under the enterprise zone program, and requesting an enterprise zone interim study committee. House File 772, a bill for an act relating to and making appropriations from and to the rebuild Iowa infrastructure fund and the Iowa resources enhancement and protection fund to state departments and agencies, including the department of agriculture and land stewardship, the department of cultural affairs, the department of economic development, the department of corrections, the department of general services, the Iowa state fair foundation, the judicial branch, the legislative council, the department of natural resources, the department of public defense, the department of public safety, the state board of regents, the state department of transportation, office of treasurer of state, and the commission of veterans affairs and providing effective dates. Read first time and referred to committee on Appropriations. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lamberti until he arrives, on request of Senator Boettger. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 477 be referred from the Ways and Means calendar to the committee on Appropriations. ADOPTION OF RESOLUTIONS Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 13. Senate Resolution 13 On motion of Senator Dvorsky, Senate Resolution 13, a resolution congratulating the University of Iowa Hawkeyes Wrestling Team, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky moved adoption of Senate Resolution 13, which motion prevailed by a voice vote. Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 19. Senate Concurrent Resolution 19 On motion of Senator Fraise, Senate Concurrent Resolution 19, a concurrent resolution designating December 15, 1999, as Bill of Rights Day, with report of committee recommending passage, was taken up for consideration. Senator Fraise moved adoption of Senate Concurrent Resolution 19, which motion prevailed by a voice vote. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Hammond until she arrives, on request of Senator Bolkcom; Senator Gaskill until he arrives, on request of Senator Redfern; Senator Lundby until she arrives, on request of Senator Freeman. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 418. House File 418 On motion of Senator McKibben, 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, with report of committee recommending passage, was taken up for consideration. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 418), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Fink Flynn Fraise Freeman Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 4: Dearden Dvorsky Rife Szymoniak Absent or not voting, 4: Gaskill Hammond Lamberti Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 172 Senator Boettger called up for consideration House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3455 to Senate amendment H-1703 filed April 21, 1999. The motion lost by a voice vote and the Senate refused to concur in the House amendment to the Senate amendment. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 19 and House Files 172 and 418 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 11:11 a.m., until 1:30 p.m. AFTERNOON SESSION The Senate reconvened at 1:49 p.m., President Kramer presiding. PRESENTATION OF VISITORS The Chair welcomed fifteen students from Hoover and Kennedy Elementary Schools, Dubuque, Iowa. Senator Connolly. 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 26, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 776, a bill for an act relating to urban renewal. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 26, 1999, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 221, a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts. (S-3480) ALSO: That the House has on April 26, 1999, passed the following bills in which the concurrence of the House was asked: Senate File 210, a bill for an act increasing the minimum daily pay for members of the Iowa national guard while in state active service. Senate File 275, a bill for an act requiring the department of human services to establish certification or licensing standards for children's centers. ALSO: That the House has on April 26, 1999, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 218, a bill for an act creating a loess hills preservation and development alliance, providing for its responsibilities, and providing for other properly related matters. 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. ALSO: That the House has on April 26, 1999, concurred in the Senate amendment to the House amendment, and passed the following bill in which the concurrence of the House was 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. SPECIAL GUEST Senator Szymoniak introduced Ms. Patricia Roa, advisor to the Minister General Secretariat of the Government from Santiago, Chile. Ms. Roa is a participant in the International Visitor Program sponsored by the United States Information Agency. Ms. Veronica Barzelatto, a professional U.S. Escort Interpreter, accompanied Ms. Roa. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 700 Senator Redfern called up for consideration House File 700, a bill for an act relating to the liability for unpaid rates or charges of a city utility or enterprise service for water, sewage, and solid waste services, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3454 to Senate amendment H-1639 filed April 21, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Redfern moved that the bill, as amended by the Senate, further 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?" (H.F. 700), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Dvorsky Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 497 Senator Veenstra called up for consideration House File 497, a bill for an act relating to certain programs and public health issues under the purview of the Iowa department of public health, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3408 to Senate amendment H-1405 filed April 15, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Veenstra moved that the bill, as amended by the Senate, further 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?" (H.F. 497), 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 Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 473. Senate File 473 On motion of Senator Lamberti, Senate File 473, a bill for an act relating to the administration of the state individual income tax, corporate income tax, sales and use taxes, franchise tax, replacement taxes on electric and natural gas providers, motor fuel taxes, inheritance and estate taxes, property taxes, collection of taxes and debts owed to or collected by the state, and including effective and retroactive applicability date provisions, was taken up for consideration. Senator Lamberti moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 473), 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 House Files 497, 700 and Senate File 473 be immediately messaged to the House. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 471 On motion of Senator Johnson, Senate File 471, a bill for an act directing the department of revenue and finance to submit a proposal to simplify the Iowa individual income tax, was taken up for consideration. Senator Johnson 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. 471), 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, none. Absent or not voting, 1: Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 476. Senate File 476 On motion of Senator McLaren, Senate File 476, a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation, was taken up for consideration. Senator McLaren offered amendment S-3482 filed by him from the floor, to page 1 of the bill and moved its adoption. Amendment S-3482 was adopted by a voice vote. Senator Hansen asked and received unanimous consent that action on Senate File 476 be deferred. UNFINISHED BUSINESS House File 656 On motion of Senator Rittmer, House File 656, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Rittmer offered amendment S-3153 filed by the committee on State Government on March 25, 1999, to page 1 of the bill and moved its adoption. Amendment S-3153 was adopted by a voice vote. Senator Connolly asked and received unanimous consent to withdraw amendment S-3254 filed by him on April 6, 1999, to page 1 of the bill. Senator Connolly offered amendment S-3255 filed by him on April 6, 1999, to page 1 of the bill and moved its adoption. Amendment S-3255 was adopted by a voice vote. With the adoption of amendment S-3255, the Chair ruled amendment S-3256, filed by Senator Connolly on April 6, 1999, to page 1 of the bill, out of order. Senator Hedge took the chair at 2:55 p.m. Senator Drake offered amendment S-3479 filed by Senators Drake and Rittmer from the floor, to page 13 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3479 and House File 656 be deferred. BUSINESS PENDING (Appropriations Calendar) Senate File 476 The Senate resumed consideration of Senate File 476, a bill for an act relating to financial assistance for air transportation expansion and infrastructure and making an appropriation, previously deferred. Senator McLaren 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. 476), the vote was: Ayes, 37: Bartz Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Gaskill Gronstal Hammond Hansen Harper Horn Iverson Jensen Johnson Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rife Rittmer Shearer Szymoniak Tinsman Zieman Nays, 13: Angelo Behn Boettger Flynn Freeman Hedge King McKean Rehberg Schuerer Sexton Soukup Veenstra 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. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Boettger asked and received unanimous consent to take up for consideration House File 758. House File 758 On motion of Senator Johnson, 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, with report of committee recommending passage, was taken up for consideration. Senator Johnson 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. 758), 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. President Kramer took the chair at 4:28 p.m. CONSIDERATION OF BILL (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for consideration House Joint Resolution 15. House Joint Resolution 15 On motion of Senator Iverson, 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, with report of committee recommending passage, was taken up for consideration. Senator Iverson 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.J.R. 15), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 471, 476, House File 758 and House Joint Resolution 15 be immediately messaged to the House. APPENDIX BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 23, 1999, the Governor approved and transmitted to the Secretary of State the following bills: S.J.R. 2 - Relating to the designation of the old state historical building as the Ola Babcock Miller State Office Building. S.F. 92 - Relating to the notice provisions for transfer of assets which create a medical assistance debt. S.F. 280 - Providing for investments by banks in Iowa agricultural industry finance corporations. S.F. 335 - Relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy. 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 23rd day of April, 1999: Senate Files 9, 146, 149, 231, and 424. 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 26th day of April, 1999: Senate Files 8, 186, 192, 309, and 429. MICHAEL E. MARSHALL Secretary of the Senate EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 22, 1999, when the vote was taken on amendment S-3463 to Senate File 464. Had I been present, I would have voted "Nay." MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 22, 1999, when the votes were taken on Senate File 464, House Files 199, 675, and 766. Had I been present, I would have voted "Aye" on all. NEAL SCHUERER CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Clark Brindle, Marshalltown - For celebrating your 99th Birthday on April 24, 1999. Senator McKibben (04/26/99). Gladys Brindle, Marshalltown - For celebrating your 100th Birthday on April 24, 1999. Senator McKibben (04/26/99). Gladys and Clark Brindle, Marshalltown - For celebrating your 76th Wedding Anniversary on March 16, 1999. Senator McKibben (04/26/99). Keely Casady, Marshalltown - For being selected Outstanding Senior Class "Woman of the Year" from Southern Methodist University. Senator McKibben (04/26/99). Jerry Ellingson, Marshalltown - For your thirty-six years of dedicated service to music education. Senator McKibben (04/26/99). Evan Erichsen, Harley - For achieving the rank of Eagle Scout. Senator Veenstra (04/26/99). David Posz, Fort Madison - For achieving the rank of Eagle Scout. Senator Fraise (04/26/99). Coach Jim Zalesky, University of Iowa Wrestling Team - For winning the NCAA Division I Wrestling Tournament. Senator Dvorsky (04/26/99). SIMILAR BILL RECEIVED On April 26, 1999, House File 733 was received and attached to similar Senate File 286 on the calendar. STUDY BILL RECEIVED SSB 1225 Ways and Means Relating to a tax levy for a county hospital fund in certain counties and providing an applicability date. SUBCOMMITTEE ASSIGNMENTS Senate File 477 APPROPRIATIONS: Johnson, Chair; Jensen and Soukup House File 755 WAYS AND MEANS: Drake, Chair; Deluhery and McLaren House File 772 APPROPRIATIONS: Freeman, Chair; Connolly and Jensen House File 776 WAYS AND MEANS: Johnson, Chair; Harper and Hedge SSB 1225 WAYS AND MEANS: Deluhery, Chair; Harper and Maddox REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 26, 1999, 4:45 p.m. Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, Lamberti, McCoy, Redwine, Rehberg, Rife, Soukup, and Tinsman. Members Absent: Kramer, Vice Chair; King, Maddox, and Schuerer (all excused). Committee Business: Passed SF 477. Adjourned: 4:55 p.m. COMMITTEE REPORT APPROPRIATIONS 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: DO PASS. Final Vote: Ayes, 21: McLaren, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, Lamberti, McCoy, Redwine, Rehberg, Rife, Soukup, and Tinsman. Nays, none. Absent or not voting, 4: Kramer, King, Maddox, and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3477 H.F. 761 Jeff Angelo S-3478 H.F. 476 House S-3479 H.F. 656 Richard F. Drake Sheldon Rittmer S-3480 S.F. 221 House S-3481 H.F. 656 Jeff Angelo John P. Kibbie S-3482 S.F. 476 Derryl McLaren S-3483 H.F. 656 John P. Kibbie Sheldon Rittmer S-3484 H.F. 656 Merlin E. Bartz S-3485 H.F. 769 Joe Bolkcom Robert E. Dvorsky S-3486 H.F. 656 Johnie Hammond Bill Fink Joe Bolkcom ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:40 p.m., until 9:00 a.m., Tuesday, April 27, 1999. 1282 JOURNAL OF THE SENATE 106th Day 106th Day MONDAY, APRIL 26, 1999 1283
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