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__________ ONE-HUNDRED EIGHTH CALENDAR DAY SIXTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 28, 1999 The Senate met in regular session at 9:39 a.m., Senator Hedge presiding. Prayer was offered by the Honorable Nancy Boettger, member of the Senate from Shelby County, Harlan, Iowa. The Journal of Tuesday, April 27, 1999, was approved. 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 27, 1999, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 23, a concurrent resolution in support of maintaining the Mississippi River as a major transportation route for various products shipped into and out of the Upper Mississippi region. Read first time and referred to committee on Rules and Administration. ALSO: That the House has on April 27, 1999, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 150, a bill for an act concerning judicial administration. (S-3510) Senate File 439, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date. (S-3509) 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. (S-3513) HOUSE AMENDMENT CONSIDERED Senate File 101 Senator McKean called up for consideration Senate File 101, a bill for an act relating to the offense of promoting or possessing contraband in prisons and juvenile facilities and establishing penalties, amended by the House, and moved that the Senate concur in House amendment S-3496 filed April 27, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKean 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. 101), the vote was: Ayes, 49: 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 Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Dearden 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 189 Senator Lamberti called up for consideration Senate File 189, a bill for an act to change the penalty for and to reclassify certain misdemeanors, amended by the House in House amendment S-3383 filed April 14, 1999. Senator McKean offered amendment S-3503 filed by Senators McKean and Lamberti on April 27, 1999, to amendment S-3383 and moved its adoption. Amendment S-3503 was adopted by a voice vote. Senator Lamberti 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 Lamberti 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. 189), 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 Files 101 and 189 be immediately messaged to the House. PRESENTATION OF VISITORS The Chair welcomed eighty-one fourth grade students from Terrace Elementary School, Ankeny, Iowa, accompanied by Judy Gronemey. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Redwine until he arrives, on request of Senator Schuerer. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Bartz asked and received unanimous consent to take up for consideration House File 755. House File 755 On motion of Senator Drake, 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, with report of committee recommending passage, was taken up for consideration. Senator Drake 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. 755), 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 Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Redwine The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Bartz asked and received unanimous consent that House File 755 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 457 Senator McKibben called up for consideration Senate File 457, a bill for an act relating to the Iowa educational savings plan trust, and including an effective date and retroactive applicability provision, amended by the House, and moved that the Senate concur in House amendment S-3488 filed April 27, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKibben 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. 457), 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. PRESENTATION OF VISITORS The Chair welcomed 120 eighth grade students from Urbandale Middle School, Urbandale, Iowa. Senator Maddox. HOUSE AMENDMENT CONSIDERED Senate File 398 Senator Drake called up for consideration Senate File 398, a bill for an act relating to the requirements for issuance of intermediate driver's licenses and full driver's license, amended by the House, and moved that the Senate concur in House amendment S-3489 filed April 27, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Drake 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. 398), 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. Senator Bartz took the chair at 10:23 a.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Deluhery until he returns, on request of Senator Gronstal. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Hedge asked and received unanimous consent to take up for consideration House File 777. House File 777 On motion of Senator Hedge, House File 777, a bill for an act relating to the limited licensure of motor vehicle rental companies by authorizing motor vehicle rental companies to offer and sell certain types of insurance with the rental of vehicles, providing for licensure of counter employees, relating to the use of qualified vendor for purposes of administering examinations, and providing for a fee for license issuance, with report of committee recommending passage, was taken up for consideration. Senator Hedge 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. 777), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Flynn Maddox Absent or not voting, 1: Deluhery The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Hedge asked and received unanimous consent that House File 777 and Senate Files 398 and 457 be immediately messaged to the House. The Senate stood at ease at 10:35 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:54 a.m., Senator Hedge presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 1999, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 714, a bill for an act relating to alternative forms of identification to be attached to a petition in an action for seeking a name change. ALSO: That the House has on April 28, 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 322, a bill for an act relating to production contracts, providing penalties, and providing an effective date. (S-3519) HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 322 Senator Bartz called up for consideration House File 322, a bill for an act relating to production contracts, providing penalties, and providing an effective date, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3519 to Senate amendment H-1791 filed April 28, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Bartz 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. 322), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Dearden Deluhery Shearer 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 House File 322 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 12:03 p.m., until 1:30 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 28th day of April, 1999: Senate Files 95, 211, 248, 287, and 294. MICHAEL E. MARSHALL Secretary of the Senate EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 27, 1999, when the votes were taken on Senate Files 221, 337, 393, 406, 472, 477, 478, and House Files 337, 714, 746, 757, and 770. Had I been present, I would have voted "Aye" on all. Also, I was necessarily absent from the Senate chamber on April 27, 1999, when the votes were taken on Senate File 445, the Motion to Concur on House File 476, House File 476, and the Motion to Reconsider on House File 433. Had I been present, I would have voted "No" on all. TOM FLYNN MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 28, 1999, when the vote was taken on House File 755. Had I been present, I would have voted "Aye." JOHN REDWINE STUDY BILL RECEIVED SSB 1226 Appropriations Relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. SUBCOMMITTEE ASSIGNMENTS SSB 1226 APPROPRIATIONS: McLaren, Chair; Flynn and Kramer AMENDMENTS FILED S-3506 H.F. 772 Derryl McLaren S-3507 H.F. 772 Derryl McLaren S-3508 H.F. 772 Derryl McLaren S-3509 S.F. 439 House S-3510 S.F. 150 House S-3511 H.F. 767 Jeff Lamberti S-3512 H.F. 772 Kitty Rehberg S-3513 S.F. 459 House S-3514 H.F. 772 Mary Lou Freeman S-3515 H.F. 772 Joe Bolkcom Mary Lou Freeman S-3516 H.F. 772 Jeff Lamberti S-3517 H.F. 761 Maggie Tinsman Jeff Angelo Nancy Boettger Kitty Rehberg Merlin E. Bartz S-3518 S.F. 286 Tom Flynn S-3519 H.F. 322 House S-3520 H.F. 772 Dennis H. Black S-3521 H.F. 772 Michael W. Connolly S-3522 S.F. 462 Richard F. Drake John P. Kibbie S-3523 H.F. 772 Dennis H. Black Mary A. Lundby Robert E. Dvorsky Bill Fink Betty Soukup John Judge Tom Flynn Johnie Hammond Michael E. Gronstal Steven D. Hansen Eugene Fraise Michael W. Connolly Joe Bolkcom Mark Shearer Patricia M. Harper Matt McCoy Elaine Szymoniak John P. Kibbie Wally E. Horn Dick L. Dearden S-3524 H.F. 772 Joe Bolkcom Mary Lou Freeman S-3525 S.F. 439 Nancy Boettger Elaine Szymoniak Maggie Tinsman S-3526 H.F. 772 Michael E. Gronstal Dennis H. Black Steven D. Hansen Robert E. Dvorsky Bill Fink Michael W. Connolly Matt McCoy Eugene S. Fraise Mark Shearer Patricia M. Harper Johnie Hammond Betty Soukup John Judge Tom Flynn Joe Bolkcom Elaine Szymoniak S-3527 H.F. 773 John Judge Mary E. Kramer S-3528 H.F. 772 John Judge Tom Flynn Matt McCoy Betty Soukup Johnie Hammond Michael W. Connolly Joe Bolkcom Mark Shearer Patricia M. Harper Elaine Szymoniak Eugene S. Fraise Michael E. Gronstal Dennis H. Black Steven D. Hansen Robert E. Dvorsky Bill Fink Wally E. Horn Dick L. Dearden John P. Kibbie S-3529 H.F. 772 Derryl McLaren AFTERNOON SESSION The Senate reconvened at 1:50 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 35 present, 15 absent, and a quorum present. PRESENTATION OF VISITORS The Chair welcomed fourth grade students from Columbus Junction Elementary School, accompanied by Becky Quigley. Senators Drake and Shearer. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gaskill until he returns, on request of Senator Sexton. HOUSE AMENDMENT CONSIDERED Senate File 462 Senator Drake called up for consideration Senate File 462, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, reimbursement for military service tax exemption, and providing a penalty and applicability date, amended by the House in House amendment S-3494 filed April 27, 1999. Senator Drake offered amendment S-3522 filed by Senators Drake and Kibbie from the floor, to House amendment S-3494, moved its adoption and requested a record roll call. On the question "Shall amendment S-3522 to House amendment S-3494 be adopted?" (S.F. 462) the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Flynn Fraise Freeman 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, 3: Deluhery Gaskill Szymoniak Amendment S-3522 was adopted. Senator Drake moved that the Senate concur in the House amendment as amended, which motion prevailed by a voice vote. Senator Drake 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. On the question "Shall the bill pass?" (S.F. 462), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Flynn Fraise Freeman 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, 2: Deluhery Gaskill 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 House File 767. House File 767 On motion of Senator Lamberti, House File 767, a bill for an act relating to certified capital companies and providing for a certified capital company insurance premium tax credit, with report of committee recommending passage, was taken up for consideration. President pro tempore Redfern took the chair at 2:05 p.m. Senator Hedge took the chair at 2:11 p.m. Senator Lamberti offered amendment S-3511 filed by him from the floor, to pages 2, 4-8, 10, 11, 16 and 18 of the bill and moved its adoption. Amendment S-3511 was adopted by a voice vote. Senator Lamberti moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 767), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Bolkcom Drake Dvorsky 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, 5: Connolly Dearden Fink Flynn Fraise Absent or not voting, 1: Deluhery 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 462 and House File 767 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 772. House File 772 On motion of Senator Freeman, 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, with report of committee recommending amendment and passage, was taken up for consideration. The Senate stood at ease at 2:53 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:55 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 38 present, 12 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 28, 1999, adopted the conference committee report and passed House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling. ALSO: That the House has on April 28, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 781, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. ALSO: That the House has on April 28, 1999, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 76, a bill for an act relating to the administration of the state department of transportation by allowing the reversion of operating funds for training and technology, making a standing appropriation, and providing for the nonreversion of certain railroad funds. (S-3536) Senate File 458, a bill for an act relating to information required to be placed on property tax statements. (S-3535) INTRODUCTION OF RESOLUTION Senate Resolution 17, by Iverson and Gronstal, a resolution paying tribute to the memory of Elizabeth M. Osenbaugh and recognizing her many contributions to state government. Read first time and referred to committee on Rules and Administration. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise until he returns, on request of Senator Gronstal. BUSINESS PENDING House File 772 The Senate resumed consideration of House File 772. Senator Freeman offered amendment S-3505 filed by the committee on Appropriations on April 27, 1999, to page 24 of the bill. Senator McLaren offered amendment S-3529 filed by him from the floor, to amendment S-3505 and moved its adoption. Amendment S-3529 was adopted by a voice vote. Senator Freeman moved adoption of amendment S-3505, which motion prevailed by a voice vote. Senator Freeman offered amendment S-3514 filed by her from the floor, to pages, 1-4, 7-9, 14 and 18 of the bill. Senator Bolkcom asked and received unanimous consent to withdraw amendment S-3524 filed by Senators Bolkcom and Freeman from the floor to amendment S-3514. Senator Freeman moved adoption of amendment S-3514 and requested a record roll call. On the question "Shall amendment S-3514 be adopted?" (H.F. 772), the vote was: Ayes, 6: Bartz Freeman King Lamberti Miller Rehberg Nays, 41: Angelo Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Flynn Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie Kramer Lundby Maddox McCoy McKean McKibben Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Absent or not voting, 3: Deluhery Fraise McLaren Amendment S-3514 lost. Senator Iverson offered amendment S-3531 filed by him from the floor, to pages 1-3, 7-9, 14 and 18 of the bill. Senator Iverson asked and received unanimous consent that action on amendment S-3531 be deferred. Senator Connolly offered amendment S-3521 filed by him from the floor, to page 2 of the bill and moved its adoption. Amendment S-3521 was adopted by a voice vote. The Senate resumed consideration of amendment S-3531. Senator Bolkcom offered amendment S-3540 filed by Senators Bolkcom and Freeman from the floor, to amendment S-3531, moved its adoption and requested a record roll call. On the question "Shall amendment S-3540 to amendment S-3531 be adopted?" (H.F. 772) the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Deluhery Rife Sexton Szymoniak Amendment S-3540 was adopted. Senator Iverson moved adoption of amendment S-3531, which motion prevailed by a voice vote. With the adoption of amendment S-3531, the Chair ruled amendment S-3515, filed by Senators Bolkcom and Freeman from the floor, to pages 2 and 3 of the bill, out of order. Senator Lamberti offered amendment S-3516 filed by him from the floor, to pages 3 and 4 of the bill and moved its adoption. Amendment S-3516 was adopted by a voice vote. Senator Hedge took the chair at 4:36 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer until she returns, on request of Senator Iverson. BUSINESS PENDING House File 772 The Senate resumed consideration of House File 772. Senator Harper offered amendment S-3500 filed by Senators Harper, et al., on April 27, 1999, to page 5 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3500 be adopted?" (H.F. 772), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black Bolkcom Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Jensen Judge Kibbie McCoy Redfern Rehberg Schuerer Shearer Soukup Szymoniak Zieman Nays, 27: Angelo Bartz Behn Boettger Connolly Dearden Drake Freeman Gaskill Hedge Horn Iverson Johnson King Lamberti Lundby Maddox McKean McKibben McLaren Miller Redwine Rife Rittmer Sexton Tinsman Veenstra Absent or not voting, 2: Deluhery Kramer Amendment S-3500 lost. Senator Harper offered amendment S-3501 filed by Senators Harper and Redfern on April 27, 1999, to page 11 of the bill and moved its adoption. A non-record roll call was requested. The ayes were 19, nays 27. Amendment S-3501 lost. Senator Black asked and received unanimous consent to withdraw amendment S-3520 filed by him from the floor, to page 12 of the bill. Senator Maddox offered amendment S-3533 filed by Senators Maddox, Lamberti and McCoy from the floor, to page 12 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3533 be adopted?" (H.F. 772), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 21: Black Bolkcom Connolly Dearden Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lamberti Maddox McCoy Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Lundby McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Deluhery Kramer Amendment S-3533 lost. Senator McLaren offered amendment S-3506 filed by him from the floor, to page 16 of the bill and moved its adoption. Amendment S-3506 was adopted by a voice vote. Senator McCoy asked and received unanimous consent to withdraw amendment S-3534 filed by him from the floor, to page 18 of the bill. Senator Rehberg offered amendment S-3512 filed by her from the floor, to page 19 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3512 be adopted?" (H.F. 772), the vote was: Ayes, 18: Behn Boettger Flynn Fraise Freeman Gronstal Hansen Kibbie King Lamberti Lundby McCoy McKean Miller Rehberg Soukup Tinsman Zieman Nays, 31: Angelo Bartz Black Bolkcom Connolly Dearden Drake Dvorsky Fink Gaskill Hammond Harper Hedge Horn Iverson Jensen Johnson Judge Kramer Maddox McKibben McLaren Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Szymoniak Veenstra Absent or not voting, 1: Deluhery Amendment S-3512 lost. Senator Black offered amendment S-3523 filed by Senators Black, et al., from the floor, to pages 20 and 21 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3523 be adopted?" (H.F. 772), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McKean Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen King Kramer Lamberti Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Deluhery Johnson McCoy Amendment S-3523 lost. President Kramer took the chair at 6:03 p.m. Senator McLaren offered amendment S-3507 filed by him from the floor, to page 20 of the bill and moved its adoption. Amendment S-3507 was adopted by a voice vote. Senator Judge offered amendment S-3528 filed by Senators Judge, et al., from the floor, to pages 21 and 23 of the bill. Senator Freeman raised the point of order that amendment S-3528 was not germane to the bill. The Chair ruled the point well taken and amendment S-3528 out of order. Senator Gronstal offered amendment S-3526 filed by Senators Gronstal, et al., from the floor, to pages 21 and 29 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3526 be adopted?" (H.F. 772), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 29: Angelo Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Bartz Deluhery Amendment S-3526 lost. Senator McLaren offered amendment S-3508 filed by him from the floor, to pages 22 and 23 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3508 be adopted?" (H.F. 772), the vote was: Ayes, 34: Angelo Bartz Behn Boettger Connolly Drake Fraise Freeman Gaskill Hedge Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 15: Black Bolkcom Dearden Dvorsky Fink Flynn Gronstal Hammond Hansen Harper Horn Judge Shearer Soukup Szymoniak Absent or not voting, 1: Deluhery Amendment S-3508 was adopted. Senator Gronstal offered amendment S-3537 filed by him from the floor, to pages 4-9 of the bill and called for a division: lines 18 and 21-26 as division S-3537A; lines 3-17 and 19-20 as division S-3537B. Senator Gronstal asked and received unanimous consent to withdraw division S-3537A. Senator Gronstal moved adoption of division S-3537B, which motion prevailed by a voice vote. Senator Redwine asked and received unanimous consent to withdraw amendment S-3539 filed by Senators Redwine and Hansen from the floor, to page 4 of the bill. Senator Szymoniak offered amendment S-3542 filed by her from the floor, to page 10 of the bill and moved its adoption. Amendment S-3542 was adopted by a voice vote. Senator McCoy offered amendment S-3541 filed by Senators McCoy and Jensen from the floor, to page 29 of the bill and moved its adoption. Amendment S-3541 was adopted by a voice vote. Senator Gronstal offered amendment S-3545 filed by him from the floor, to page 30 of the bill and moved its adoption. Amendment S-3545 was adopted by a voice vote. Senator Freeman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 772), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Miller Absent or not voting, 1: Deluhery 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 House File 772 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 28, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 782, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing effective dates. ALSO: That the House has on April 28, 1999, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 470, a bill for an act relating to campaign finance disclosure, including the study of campaign finance disclosure and related laws, by regulating express advocacy of candidates and ballot issues, requiring annual authorization for political representation financed from deductions from wages, dues, and fees, establishing a commission to study campaign finance disclosure and related laws, providing and applying penalties, providing an effective date and for applicability, and providing for severability. (S-3547) INTRODUCTION OF BILL Senate File 481, by committee on Appropriations, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. Read first time and placed on Appropriations Calendar. HOUSE AMENDMENT CONSIDERED Senate File 468 Senator Maddox called up for consideration Senate File 468, a bill for an act relating to and making appropriations to the justice system and providing effective date, amended by the House in House amendment S-3442 filed April 20, 1999. Senator Boettger took the chair at 7:34 p.m. Senator Maddox offered amendment S-3544 filed by him from the floor to pages 1, 3, 5, 6, 11, 12, 15, 17, 19, 23 and 24 to amendment S-3442 and moved its adoption. Amendment S-3544 was adopted by a voice vote. Senator Maddox 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 Maddox 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. On the question "Shall the bill pass?" (S.F. 468), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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, 1: Deluhery 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 468 be immediately messaged to the House. The Senate stood at ease at 7:58 p.m. until the fall of the gavel. The Senate resumed session at 9:21 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 28, 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 189, a bill for an act to change the penalty for and to reclassify certain misdemeanors. ALSO: That the House has on April 28, 1999, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 767, a bill for an act relating to certified capital companies and providing for a certified capital company insurance premium tax credit. HOUSE AMENDMENT CONSIDERED Senate File 439 Senator Boettger called up for consideration Senate File 439, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date, amended by the House in House amendment S-3509 filed April 28, 1999. Senator Boettger asked and received unanimous consent to withdraw amendment S-3525 filed by Senators Boettger, Szymoniak and Tinsman from the floor to House amendment S-3509. Senator Boettger 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 Bartz took the chair at 9:37 p.m. Senator Boettger 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. 439), 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. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 761. House File 761 On motion of Senator Tinsman, 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, with report of committee recommending passage, was taken up for consideration. Senator Angelo asked and received unanimous consent to withdraw amendment S-3465 filed by him on April 22, 1999, to pages 3, 4, 6-8, 14-16 and 26-28 of the bill. Senator Angelo asked and received unanimous consent to withdraw amendment S-3466 filed by him on April 22, 1999, to pages 3, 4, 6-8, 14-16 and 26-28 of the bill. Senator Angelo asked and received unanimous consent to withdraw amendment S-3464 filed by him on April 22, 1999, to pages 7 and 13 of the bill. Senator Angelo asked and received unanimous consent to withdraw amendment S-3477 filed by him on April 26, 1999, to pages 3, 4, 6-8, 14-16, 26 and 28 of the bill. Senator Flynn asked and received unanimous consent that action on House File 761 be deferred. The Senate stood at ease at 9:47 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:03 p.m., Senator Bartz presiding. MOTION TO RECONSIDER WITHDRAWN Senator Boettger asked and received unanimous consent to withdraw the following motion to reconsider filed by her from the floor: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3509 to Senate File 439 was adopted by the Senate and Senate File 439 passed the Senate on April 28, 1999. Senator Boettger asked and received unanimous consent that Senate File 439 be immediately messaged to the House. REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 172 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 172, a bill for an act relating to adoption procedural requirements including those related to investigation, reports, and counseling, respectfully make the following report: 1. That the House recedes from its amendment, S-3455. 2. That the Senate recedes from its amendment, H-1703. On the Part of the House: On the Part of the Senate: DAN BODDICKER, Chair NANCY BOETTGER, Chair GALEN DAVIS JOHNIE HAMMOND RO FOEGE JEFF LAMBERTI KEITH KREIMAN MATT McCOY CHUCK LARSON DAVID MILLER CONFERENCE COMMITTEE REPORT ADOPTED House File 172 Senator Boettger called up the conference committee report on House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, filed on April 28, 1999, and moved its adoption. The motion prevailed by a voice vote and the conference committee report and the recommendations and amendments contained therein was adopted. On the question "Shall the bill pass?" (H.F. 172), 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 Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Kramer 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 469 Senator Lamberti called up for consideration Senate File 469, a bill for an act relating to the state sales and use taxes by providing for the effective date for any rate increase or decrease, filing of consolidated sales tax returns by affiliated corporations, changing the statute of limitations for assessing tax and applying for refunds and relating to local sales and services taxes by providing the effective dates for imposing, repealing, or changing rates, allowing cities in more than one county to impose the tax, providing for refunds of tax payable to construction contractors, allowing for 28E agreements to be entered into between school districts and counties or other school districts, and providing for utilization of excess revenue for property tax reduction, and including retroactive applicability and effective dates, amended by the House, and moved that the Senate concur in House amendment S-3498 filed April 27, 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. 469), 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 Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Rife Rittmer 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. SIMILAR BILL RECEIVED On April 28, 1999, House File 781 was received and attached to similar Senate File 481 on the calendar. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 481. Senate File 481 On motion of Senator McLaren, Senate File 481, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions, with report of committee recommending passage, was taken up for consideration. Senator McLaren asked and received unanimous consent that House File 781 be substituted for Senate File 481. House File 781 On motion of Senator McLaren, House File 781, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions, was taken up for consideration. Senator Sexton asked and received unanimous consent to withdraw amendment S-3538 filed by Senator Sexton, et al., from the floor to pages 10 and 11 of the bill. 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?" (H.F. 781), 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. WITHDRAWN Senator McLaren asked and received unanimous consent that Senate File 481 be withdrawn from further consideration of the Senate. HOUSE AMENDMENT CONSIDERED Senate File 76 Senator Jensen called up for consideration Senate File 76, a bill for an act relating to the administration of the state department of transportation by allowing the reversion of operating funds for training and technology, making a standing appropriation, and providing for the nonreversion of certain railroad fund, amended by the House, and moved that the Senate concur in House amendment S-3536 filed April 28, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Jensen 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. 76), 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. SIMILAR BILL RECEIVED On April 28, 1999, House File 782 was received and attached to similar Senate File 480 on the calendar. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 480. Senate File 480 On motion of Senator Rife, Senate File 480, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing effective dates, was taken up for consideration. Senator Connolly asked and received unanimous consent to withdraw amendment S-3532 filed by him from the floor, to page 13 of the bill. Senator McLaren offered amendment S-3543 filed by him from the floor, to pages 9, 12 and 13 of the bill and moved its adoption. Amendment S-3543 was adopted by a voice vote. Senator Rife asked and received unanimous consent that House File 782 be substituted for Senate File 480. House File 782 On motion of Senator Rife, House File 782, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing effective dates, was taken up for consideration. Senator Connolly offered amendment S-3546 filed by him from the floor, to pages 15 and 16 of the bill. Senator Rife raised the point of order that amendment S-3546 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3546 in order. Senator Connolly moved adoption of amendment S-3546 and requested a record roll call. On the question "Shall amendment S-3546 be adopted?" (H.F. 782), the vote was: Ayes, 24: Black Boettger Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lamberti McCoy Redwine Sexton Shearer Soukup Szymoniak Nays, 26: Angelo Bartz Behn Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lundby Maddox McKean McKibben McLaren Miller Redfern Rehberg Rife Rittmer Schuerer Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3546 lost. Senator Fink offered amendment S-3548 filed by him from the floor, to page 16 of the bill. Senator Rife raised the point of order that amendment S-3548 was not germane to the bill. The Chair ruled the point well taken and amendment S-3548 out of order. Senator Rife moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 782), 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 Files 76, 469 and House Files 172, 781 and 782 be immediately messaged to the House. COMMITTEE REPORT APPROPRIATIONS Final Bill Action: HOUSE FILE 779 , a bill for an act providing for linked investment loan programs and providing effective dates. Recommendation: DO PASS. Final Vote: Ayes, 23: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Dvorsky, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2: Deluhery and Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 779. House File 779 On motion of Senator Johnson, House File 779, a bill for an act providing for linked investment loan programs and providing effective dates, with report of committee recommending passage, was taken up for consideration. Senator Johnson offered amendment S-3549 filed by Senators Johnson, Rehberg and McCoy from the floor, to pages 1-5 and to the title page of the bill. Senator Johnson offered amendment S-3550 filed by her from the floor, to amendment S-3549 and moved its adoption. Amendment S-3550 was adopted by a voice vote. Senator Johnson moved adoption of amendment S-3549, which motion prevailed by a voice vote. 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. 779), 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 Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Rife Sexton Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the Senate and the title, as amended, was agreed to. 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 28, 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 468, a bill for an act relating to and making appropriations to the justice system and providing effective dates. ALSO: That the House has on April 28, 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 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. (S-3551) HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 772 Senator Freeman called up for consideration 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, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3551 to Senate amendment H-1887 filed April 28, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Freeman 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. 772), 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 pro tempore Redfern took the chair at 11:24 p.m. Senator Iverson asked and received unanimous consent that House File 772 be immediately messaged to the House. WITHDRAWN Senator Rife asked and received unanimous consent that Senate File 480 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 773. House File 773 On motion of Senator Redwine, House File 773, a bill for an act relating to child support enforcement, including child support recovery in instances of guardianships, income withholding, and payments to financial institutions for record matches, with report of committee recommending passage, was taken up for consideration. Senator Judge offered amendment S-3527 filed by Senators Judge and Kramer from the floor, to page 3 and to the title page of the bill. Senator Bartz raised the point of order that amendment S-3527 was not germane to the bill. The Chair ruled the point well taken and amendment S-3527 out of order. Senator Redwine 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. 773), 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. Senator Iverson asked and received unanimous consent that House File 773 be immediately messaged to the House. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 23. Senate Concurrent Resolution 23 On motion of Senator Rittmer, Senate Concurrent Resolution 23, a concurrent resolution encouraging Congress to rescind Health Care Financing Administration rules requiring onerous home health agency reporting, with report of committee recommending passage, was taken up for consideration. Senator Rittmer asked and received unanimous consent that House Concurrent Resolution 24 be substituted for Senate Concurrent Resolution 23. House Concurrent Resolution 24 On motion of Senator Rittmer, House Concurrent Resolution 24, a concurrent resolution encouraging Congress to rescind Health Care Financing Administration rules requiring onerous home health agency reporting, was taken up for consideration. Senator Rittmer moved the adoption of House Concurrent Resolution 24, which motion prevailed by a voice vote. WITHDRAWN Senator Rittmer asked and received unanimous consent that Senate Concurrent Resolution 23 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 762. House File 762 On motion of Senator King, House File 762, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, providing for electronic access to public information by creating an Iowa Access network, authorizing fees, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator King asked and received unanimous consent that action on House File 762 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolution 24 be immediately messaged to the House. APPENDIX REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 28, 1999, 1:12 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Members Absent: Freeman (excused). Recessed: 1:32 p.m. Reconvened: April 28, 1999, 8:05 p.m. Committee Business: Approved SSB 1226. Passed HF 762, as amended. Passed HF 779. Adjourned: 9:20 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Daniel Llewellyn, Truro - For achieving the rank of Eagle Scout. Senator Johnson (04/28/99). Jim Tussy, Orient - For serving Orient-Macksburg School District for 28 years. Senator Johnson (04/28/99). Charlene Wallace, Bethany Home, Dubuque - For celebrating your 100th Birthday on July 11, 1999. Senator Flynn (04/28/99). PETITIONS The following petition was presented and placed on file by: Senator Bartz, from eleven residents of Worth County, Iowa, favoring legislation establishing a Fuel Quality Standard. Senator Judge, from twenty residents of Davis County, Iowa, favoring legislation in support of a Fuel Quality Standard to be established. Senator Kibbie, from fifty-three residents of Palo Alto and Emmet Counties, Iowa, favoring legislation supporting a Fuel Quality Standard for Iowa. Senator McKean, from twenty residents of Linn County, Iowa, favoring legislation supporting a Fuel Quality Standard for Iowa. Senator McLaren, from twenty-seven residents of Cass and Fremont Counties, Iowa, favoring legislation supporting a Fuel Quality Standard for Iowa. Senator Rife, from seventeen residents of Scott County, Iowa, favoring legislation supporting a Fuel Quality Standard for Iowa. Senator Rittmer, from twenty-nine residents of Senate District 19, favoring legislation in support of a Fuel Quality Standard for Iowa. Senator Schuerer, from eleven residents of Benton and Tama Counties, Iowa, favoring legislation establishing a Fuel Quality Standard. Senator Shearer, from forty residents of Henry, Lee, and Washington Counties, Iowa, favoring legislation supporting a Fuel Quality Standard for Iowa. Senator Soukup, from ninety-eight residents of Chickasaw and Howard Counties, Iowa, favoring legislation to mandate ethanol. Senator Zieman, from ten residents of Allamakee, Clayton, and Winneshiek Counties, Iowa, favoring legislation supporting a Fuel Quality Standard for Iowa. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 24, by Boettger and Kramer, a concurrent resolution requesting that the Legislative Council authorize a legislative interim study to plan for the growing long- term care needs of Iowans. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILL Senate File 482, by Iverson and Gronstal, a bill for an act relating to tobacco product manufacturers, providing penalties, and providing an effective date. Read first time under Rule 28 and referred to committee on Rules and Administration. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which House File 779 passed the Senate on April 28, 1999. JOANN JOHNSON COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 481 (SSB 1226), a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 23: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Dvorsky, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2: Deluhery and Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Appropriations Committee on Senate File 481, and they were attached to the committee report. ALSO: Final Bill Action: HOUSE FILE 762, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, providing for electronic access to public information by creating an IowAccess network, authorizing fees, and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3552. Final Vote: Ayes, 24: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 1: Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3530 H.F. 433 Steve King Jerry Behn Mary A. Lundby S-3531 H.F. 772 Stewart E. Iverson, Jr. S-3532 S.F. 480 Michael W. Connolly S-3533 H.F. 772 Gene Maddox Jeff Lamberti Matt McCoy S-3534 H.F. 772 Matt McCoy S-3535 S.F. 458 House S-3536 S.F. 76 House S-3537 H.F. 772 Michael E. Gronstal S-3538 H.F. 781 Mike Sexton Jerry Behn Kitty Rehberg Steve King Kenneth Veenstra Larry McKibben S-3539 H.F. 772 John Redwine Steven D. Hansen S-3540 H.F. 772 Joe Bolkcom Mary Lou Freeman S-3541 H.F. 772 Matt McCoy John W. Jensen S-3542 H.F. 772 Elaine Szymoniak S-3543 S.F. 480 Derryl McLaren S-3544 S.F. 468 Gene Maddox S-3545 H.F. 772 Michael E. Gronstal S-3546 H.F. 782 Michael W. Connolly S-3547 S.F. 470 House S-3548 H.F. 782 Bill Fink S-3549 H.F. 779 JoAnn Johnson Kitty Rehberg Matt McCoy S-3550 H.F. 779 JoAnn Johnson S-3551 H.F. 772 House S-3552 H.F. 762 Appropriations S-3553 H.F. 761 Tom Flynn S-3554 H.F. 762 Tom Flynn ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 11:46 p.m., until 9:00 a.m., Thursday, April 29, 1999. 1342 JOURNAL OF THE SENATE 108th Day 108th Day WEDNESDAY, APRIL 28, 1999 1341
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