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ONE-HUNDRED NINTH CALENDAR DAY SIXTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 29, 1999 The Senate met in regular session at 9:38 a.m., President Kramer presiding. Prayer was offered by the Senate Pages who sang "Friends." The Journal of Wednesday, April 28, 1999, was approved. SPECIAL PRESENTATION TO SENATE PAGES The Senate Pages were invited to the well of the Senate by President Kramer for a special presentation and were thanked by Senators Iverson and Gronstal for their service to the Senate. A Certificate of Excellence for serving with honor and distinction as a Senate Page during the 1999 Regular Session of the Seventy- eighth General Assembly, and an individual and Page group picture were presented to each of the following pages: John Bazal, Noelle DeBoef, Joe Earle, Sara Eighmey, Tyson Fast, Mary Jo Hommer, Scott Iverson, Lizzie Jenkins, Jennifer Johnson, Emily Kinser, Erin Leonard, Staci Lowman, Keturah Moretz, Paul Nichols, Chas Olson, Kyle Palmer, Audey Veach, Jaqui Waddell and Kara Wilber. The Senate rose and expressed its appreciation to the Pages. Bill Kreig and Tom Sheldahl were invited to the Senate Well by the Senate Pages and presented with framed pictures of the 1999 Senate Pages. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 748. House File 748 On motion of Senator McKibben, House File 748, a bill for an act exempting internet from the state sales, services, and use taxes, 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. 748), the vote was: Ayes, 39: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Flynn Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rife Rittmer Schuerer Sexton Tinsman Veenstra Nays, 10: Dearden Fink Fraise Hammond Kibbie McKean Rehberg Soukup Szymoniak Zieman Absent or not voting, 1: 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 748 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Shearer until he returns, on request of Senator Fraise. The Senate stood at ease at 10:14 a.m. until the fall of the gavel. The Senate resumed session at 10:24 a.m., President Kramer presiding. UNFINISHED BUSINESS (Deferred April 28, 1999) House File 761 The Senate resumed consideration of 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, deferred April 28, 1999. Senator Tinsman offered amendment S-3517 filed by Senators Tinsman, et al., on April 28, 1999, to pages 3, 4, 6-8, 14-16, 22 and 26-28 of the bill. Senator Boettger took the chair at 10:41 a.m. Senator Flynn offered amendment S-3553 filed by him on April 28, 1999, to pages 1-7 of amendment S-3517 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3553 to amendment S-3517 be adopted?" (H.F. 761) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 15: Black Bolkcom Connolly Dearden Fink Flynn Fraise Gronstal Hansen Horn Judge Kibbie McCoy Shearer Soukup Nays, 32: Angelo Bartz Behn Boettger Deluhery Drake Freeman Gaskill Hammond Harper Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Szymoniak Tinsman Veenstra Zieman Absent or not voting, 3: Dvorsky Lundby Rife Amendment S-3553 lost. Senator Tinsman moved adoption of amendment S-3517 to pages 3, 4, 6-8, 14-16, 22 and 26-28 of the bill, which motion prevailed by a voice vote. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 761), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Lundby Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that House File 761 be immediately messaged to the House. PRESENTATION OF VISITORS The Chair welcomed seventy-five fifth grade students from Edmonds Academy of Fine Arts, Des Moines, Iowa, accompanied by Mr. Jones. Senator Szymoniak UNFINISHED BUSINESS (Deferred April 28, 1999) House File 762 The Senate resumed consideration of 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, deferred on April 28, 1999. Senator McLaren offered amendment S-3552 filed by the committee on Appropriations on April 28, 1999, to pages 2, 6-8, 12-15, 17 and 18 of the bill and moved its adoption. Amendment S-3552 was adopted by a voice vote. Senator Flynn asked and received unanimous consent to withdraw amendment S-3554 filed by him on April 28, 1999, to pages 11 and 12 of the bill. Senator McLaren offered amendment S-3555 filed by him from the floor, to page 18 of the bill and moved its adoption. Amendment S-3555 was adopted by a voice vote. Senator King moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 762), the vote was: Ayes, 42: Angelo Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti McKean McKibben McLaren Miller Redfern Redwine Rehberg Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 7: Bartz Fink Hansen Maddox McCoy Rife Rittmer Absent or not voting, 1: Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that House File 762 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 29, 1999, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 21, a concurrent resolution requesting establishment of a legislative interim study committee to review legal, budget, and financial aspects of volunteer fire protection services, emergency medical services, and other vital services provided under the auspices of townships. Read first time and referred to committee on Rules and Administration. ALSO: That the House has on April 29, 1999, passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 29, 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 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. INTRODUCTION OF RESOLUTIONS Senate Resolution 18, by committee on Rules and Administration, a resolution relating to daily operations of the Senate. Read first time and placed on calendar. Senate Concurrent Resolution 25, by committee on Rules and Administration, a concurrent resolution to provide for adjournment sine die. Read first time and placed on calendar. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE FILE 482, a bill for an act relating to tobacco product manufacturers, providing penalties, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 482. Senate File 482 On motion of Senator Iverson, Senate File 482, a bill for an act relating to tobacco product manufacturers, providing penalties, 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?" (S.F. 482), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 482 be immediately messaged to the House. MOTION TO RECONSIDER ADOPTED Senator Johnson called up the motion to reconsider House File 779 filed by her on April 28, 1999, found on page 1393 of the Senate Journal and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (H.F. 779) the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Rife Absent or not voting, none. The motion prevailed. Senator Johnson moved to reconsider the vote by which House File 779 went to its last reading, which motion prevailed by a voice vote. 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, was taken up for reconsideration. Senator Johnson filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3549 to House File 779 was adopted by the Senate on April 28, 1999. The motion prevailed by a voice vote and amendment S-3549 filed by Senators Johnson, Rehberg and McCoy on April 28, 1999, to pages 1-5 and to the title page of the bill, was taken up for reconsideration. Senator Johnson called for a division of amendment S-3549: pages 1, 2 and page 3 lines 1-7 and 19-50 and page 4 as division S-3549A: and page 3, lines 8-18 as division S-3549B. Senator Johnson asked and received unanimous consent to withdraw division S-3549B. Senator Johnson moved adoption of division S-3549A, 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. RECESS On motion of Senator Iverson, the Senate recessed at 12:30 p.m., until 1:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS RULES AND ADMINISTRATION Convened: April 29, 1999, 10:20 a.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Members Absent: None. Committee Business: Passed HCR 23, SR 17, SCR 24, SF 482, and Senate Resolutions relating to the Senate budget and adjournment sine die. Adjourned: 10:29 a.m. ALSO: Convened: April 29, 1999, 12:25 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Members Absent: None. Committee Business: Passed HCR 21. Adjourned: 12:26 p.m. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 28, 1999, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 8 - Relating to coverage under a policy or contract providing for third-party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes. S.F. 186 - Providing that a county enterprise includes housing for persons who are elderly or persons with physical disabilities and certain county hospitals. S.F. 192 - Relating to open containers in motor vehicles and providing a penalty. S.F. 309 - Relating to the interception of communications and providing penalties. S.F. 429 - Relating to notification of forfeited and cancelled mechanic's liens, challenging a mechanic's lien, and providing a remedy. COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 24, a concurrent resolution requesting that the Legislative Council authorize a legislative interim study to plan for the growing long-term needs of Iowans. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 25, a concurrent resolution to provide for adjournment sine die. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 17, a resolution paying tribute to the memory of Elizabeth M. Osenbaugh and recognizing her many contributions to state government. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 18, a resolution relating to daily operations of the Senate. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENT FILED S-3555 H.F. 762 Derryl McLaren AFTERNOON SESSION The Senate reconvened at 2:16 p.m., President Kramer presiding. PRESENTATION OF VISITORS The Chair welcomed sixty eighth grade students from Urbandale Middle School, Urbandale, Iowa, accompanied by Mrs. Van Why and Mrs. Walter. Senator Maddox 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 29, 1999, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 761, a bill for an act relating to child care provisions administered by the department of human services and to the terminology used to describe child care, and including effective dates and applicability provisions. 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. ADOPTION OF RESOLUTIONS Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 12, Senate Concurrent Resolution 24 and House Concurrent Resolution 21. Senate Resolution 12 On motion of Senator Dvorsky, Senate Resolution 12, a resolution honoring University of Iowa Basketball Coach Tom Davis, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky moved adoption of Senate Resolution 12, which motion prevailed by a voice vote. Senate Concurrent Resolution 24 On motion of Senator Iverson, Senate Concurrent Resolution 24, a concurrent resolution requesting that the Legislative Council authorize a legislative interim study to plan for the growing long- term care needs of Iowans, with report of committee recommending passage, was taken up for consideration. Senator Kramer moved the adoption of Senate Concurrent Resolution 24, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: HOUSE CONCURRENT RESOLUTION 21, a concurrent resolution requesting establishment of a legislative interim study committee to review legal, budget, and financial aspects of volunteer fire protection services, emergency medical services, and other vital services provided under the auspices of townships. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. House Concurrent Resolution 21 On motion of Senator Iverson, House Concurrent Resolution 21, a concurrent resolution requesting the establishment of a legislative interim study committee to review legal, budget, and financial aspects of volunteer fire protection services, emergency medical services, and other vital services provided under the auspices of townships, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 21, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 24 and House Concurrent Resolution 21 be immediately messaged to the House. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 776. House File 776 On motion of Senator Johnson, House File 776, a bill for an act relating to urban renewal, 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. 776), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Gronstal Hammond 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, 2: Dvorsky Hansen 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. HOUSE AMENDMENT CONSIDERED Senate File 150 Senator Miller called up for consideration Senate File 150, a bill for an act concerning judicial administration, amended by the House, and moved that the Senate concur in House amendment S-3510 filed April 28, 1999. The motion lost by a voice vote and the Senate refused to concur in the House amendment. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 150 and House Files 776 and 779 be immediately messaged to the House. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McCoy until he returns, on request of Senator Fraise; Senator Iverson until he returns, on request of Senator Bartz. UNFINISHED BUSINESS Senate File 286 On motion of Senator Flynn, Senate File 286, a bill for an act relating to the new investment tax credit under the new jobs and income program, placed on the Unfinished Business Calendar on March 31, 1999, was taken up for consideration. Senator Flynn asked and received unanimous consent to withdraw amendment S-3339 filed by him on April 12, 1999, to pages 1 and 2 of the bill. Senator Flynn offered amendment S-3518 filed by him on April 28, 1999, to pages 1, 2 and to the title page of the bill and moved its adoption. Amendment S-3518 was adopted by a voice vote. Senator Flynn asked and received unanimous consent that House File 733 be substituted for Senate File 286. House File 733 On motion of Senator Flynn, 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, was taken up for consideration. Senator Flynn 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. 733), 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 Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Iverson McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Flynn asked and received unanimous consent that Senate File 286 be withdrawn from further consideration of the Senate. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 737 Senator Rife called up for consideration House File 737, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing an effective date, amended by the Senate, further amended by the House and moved that the Senate concur in House amendment S-3369 to Senate amendment H-1526 filed April 14, 1999. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Rife 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. 737), the vote was: Ayes, 48: Angelo Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Bartz McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Bartz until he returns, on request of Senator Lamberti. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 769. House File 769 On motion of Senator McLaren, House File 769, a bill for an act relating to the classification of apartments in condominiums for purposes of property taxation, with report of committee recommending passage, was taken up for consideration. Senator Bolkcom asked and received unanimous consent to withdraw amendment S-3485 filed by Senator Bolkcom and Dvorsky on April 26, 1999, to page 1 of the bill. Senator Hedge asked and received unanimous consent to withdraw amendment S-3504 filed by him on April 27, 1999, to page 1 of the bill. Senator Hedge offered amendment S-3557 filed by him from the floor, to page 1 of the bill and moved its adoption. Amendment S-3557 was adopted by a voice vote. 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. 769), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Szymoniak Tinsman Veenstra Zieman Nays, 3: Harper McKean Soukup 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 733, 737 and 769 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 470 Senator Lamberti called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3547 filed April 28, 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. 470), the vote was: Ayes, 44: 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 Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 6: Angelo Bartz King McLaren Rife Sexton 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. HOUSE AMENDMENT CONSIDERED Senate File 458 Senator McKibben called up for consideration Senate File 458, a bill for an act relating to information required to be placed on property tax statements, amended by the House, and moved that the Senate concur in House amendment S-3535 filed April 28, 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. 458), 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. 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 29, 1999, passed the following bill in which the concurrence of the House was asked: Senate File 482, a bill for an act relating to tobacco product manufacturers, providing penalties, and providing an effective date. 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 465, a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account. (S-3559) CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 744. House File 744 On motion of Senator Lamberti, House File 744, a bill for an act relating to reductions in the state individual income tax by increasing the deduction for pension income and increasing the personal and dependent credits, and including a retroactive applicability date provision, with report of committee recommending passage, was taken up for consideration. Senator McCoy offered amendment S-3556 filed by him from the floor, to page 1 of the bill and moved its adoption. Amendment S-3556 lost by a voice vote. Senator Bartz took the chair at 3:25 p.m. 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. 744), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Connolly Deluhery Drake Flynn Fraise Freeman Gaskill Gronstal Hansen 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, 7: Bolkcom Dearden Dvorsky Fink Hammond Harper 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. HOUSE AMENDMENT CONSIDERED Senate File 459 Senator Redfern called up for consideration 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, amended by the House in House amendment S-3513 filed April 28, 1999. Senator Redfern offered amendment S-3558 filed by him from the floor, to amendment S-3513 and moved its adoption. Amendment S-3558 was adopted by a voice vote. Senator Redfern 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 Redfern 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. 459), 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 458, 459, 470 and House File 744 be immediately messaged to the House. UNFINISHED BUSINESS House File 379 On motion of Senator Dvorsky, House File 379, a bill for an act changing the name of care review committee to resident advocate committee, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 8, 1999, was taken up for consideration. Senator Dvorsky moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 379), the vote was: Ayes, 32: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Jensen Judge Kibbie Lundby Maddox McCoy McKibben McLaren Miller Redfern Rife Rittmer Shearer Soukup Szymoniak Tinsman Zieman Nays, 16: Angelo Behn Boettger Drake Freeman Gaskill Hedge Johnson King Lamberti McKean Redwine Rehberg Schuerer Sexton Veenstra Absent or not voting, 2: Iverson 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 465 Senator McKibben called up for consideration Senate File 465, a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account, amended by the House, and moved that the Senate concur in House amendment S-3559 filed April 29, 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. 465), 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 Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: King 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. ADOPTION OF RESOLUTIONS Senator Iverson asked and received unanimous consent to take up for consideration House Concurrent Resolution 23, Senate Resolution 17 and House Joint Resolution 13. House Concurrent Resolution 23 On motion of Senator Lundby, 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, with report of committee recommending passage, was taken up for consideration. Senator Lundby moved the adoption of House Concurrent Resolution 23, which motion prevailed by a voice vote. Senate Resolution 17 On motion of Senator Gronstal, Senate Resolution 17, a resolution paying tribute to the memory of Elizabeth M. Osenbaugh and recognizing her many contributions to state government, with report of committee recommending passage, was taken up for consideration. Senator Gronstal moved the adoption of Senate Resolution 17, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Joint Resolution 13. House Joint Resolution 13 On motion of Senator Deluhery, House Joint Resolution 13, a joint resolution requesting the United States Department of Defense and the United States Army to place additional production work at the Rock Island Arsenal, with report of committee recommending passage, was taken up for consideration. Senator Deluhery 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. 13), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 465, House File 379, House Concurrent Resolution 23 and House Joint Resolution 13 be immediately messaged to the House. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 29, 1999, receded from the House amendment to, and passed the following bill in which the concurrence of the House was asked: Senate File 150, a bill for an act concerning judicial administration. The Senate stood at ease at 4:35 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 5:14 p.m., President Kramer presiding. 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 29, 1999, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 769, a bill for an act relating to the classification of apartments in condominiums for purposes of property taxation. House File 779, a bill for an act providing for linked investment loan programs and providing effective dates. ALSO: That the House has on April 29, 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 459, a bill for an act relating to state school aid for budget years beginning on and after July 1, 1999, and making appropriations and including effective and applicability date provisions. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 25. Senate Concurrent Resolution 25 On motion of Senator Iverson, Senate Concurrent Resolution 25, a concurrent resolution to provide for adjournment sine die, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 25, which motion prevailed by a voice vote. APPENDIX BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 29, 1999, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 160 - Relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date. S.F. 254 - Relating to the emergency management division of the department of public defense by authorizing fees for radiological detection equipment maintenance services, by authorizing financial assistance to local governments for emergency management purposes, by directing a report to the general assembly by the division director, and by providing an effective date. S.F. 305 - Relating to the payment by a county of the family farm tax credit and reimbursement to the county of its payment and including an effective date. S.F. 436 - Relating to practices involving the marketing of livestock concerning packers, by providing for the regulation of certain purchase information and contracting, and providing penalties and effective dates. 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 29th day of April, 1999: Senate Files 41, 76, 101, 102, 114, 136, 150, 189, 193, 194, 210, 221, 230, 249, 275, 282, 308, 323, 337, 352, 367, 393, 395, 398, 406, 407, 410, 413, 437, 439, 451, 457, 458, 459, 462, 464, 465, 468, 469, 470, 473, and 482. MICHAEL E. MARSHALL Secretary of the Senate REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 230, the following correction was made: 1. Page 2, line 26, the word "follow:" was changed to the word "follows:". ALSO: That in enrolling Senate File 406, the following corrections were made: 1. Title page, line 4, the word "cemeteries" was changed to the word "cemeteries,". 2. Page 5, line 1, the number "9" was changed to the number "(9)". ALSO: That in enrolling Senate File 413, the following correction was made: 1. Page 3, lines 6 and 7, the word and number "subsection 1 or 2" were changed to the word and number "subsection 1 or 3". MICHAEL E. MARSHALL Secretary of the Senate CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Jaydn Bonifas, LaMotte - For achieving the rank of Eagle Scout. Senator Flynn (05/03/99). Miss Jennifer Cuddeback, Cedar Rapids - For being All-State Winner in the State of Iowa in the "Voice of Democracy Scholarship Contest." Sponsored by the Veterans of Foreign Wars, Department of Iowa, and the Ladies Auxiliary. Senator Horn (04/29/99). Mildred Elliott, Mount Ayr - For over three decades of dedicated service to the State of Iowa. Senator Angelo (05/03/99). Matt Doughty, Washington - For being on the winning 1600 Relay Team at the Drake Relays. Senator Shearer (04/29/99). Wes Hunold, Central Lee High School - For being the winner of an Iowa Energy Center "Youth and Energy Scholarship." Senator Shearer (04/29/99). Alex Six, Washington - For being on the winning 1600 Relay Team at the Drake Relays. Senator Shearer (04/29/99). Andy Six, Washington - For being on the winning 1600 Relay Team at the Drake Relays. Senator Shearer (04/29/99). Brian Stegall, Washington - For being on the winning 1600 Relay Team at the Drake Relays. Senator Shearer (04/29/99). EXPLANATIONS OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 29, 1999, when the vote was taken on House File 737. Had I been present, I would have voted "Aye." MERLIN E. BARTZ MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 16, 1999, when the vote was taken on Senate File 368. Had I been present, I would have voted "Nay." Also, I was necessarily absent from the Senate chamber on March 16, 1999, when the votes were taken on Senate Files 187, 231, 298, 339, 367, and 376. Had I been present, I would have voted "Aye" on all. MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 17, 1999, when the vote was taken on Senate File 449. Had I been present, I would have voted "Nay." Also, I was necessarily absent from the Senate chamber on March 17, 1999, when the votes were taken on Senate Files 280, 398, 412, 429, and Senate amendments S-3085, S-3086, S-3091, and S-3098 to Senate File 449. Had I been present, I would have voted "Aye" on all. MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 28, 1999, when the votes were taken on Senate Files 462, 468, Senate amendment S-3522 to Senate File 462, House Files 322, 767, 772, 777, Senate amendments S-3500, S-3508, S-3523, S-3526, S-3531, S-3533, and S-3540 to House File 772. Had I been present, I would have voted "Aye" on all. Also, I was necessarily absent from the Senate chamber on April 28, 1999, when the votes were taken on Senate amendments S-3512 and S-3514 to House File 772. Had I been present, I would have voted "Nay" on both. PATRICK J. DELUHERY APPOINTMENTS TO ADMINISTRATIVE RULES COMMITTEE The following re-appointments were made to the Administrative Rules Review Committee: Senator H. Kay Hedge, Chair Senator Merlin E. Bartz Senator Sheldon Rittmer AMENDMENTS FILED S-3556 H.F. 744 Matt McCoy S-3557 H.F. 769 H. Kay Hedge S-3558 S.F. 459 Donald B. Redfern S-3559 S.F. 465 House The Senate stood at ease at 5:30 p.m. until the fall of the gavel. 1396 JOURNAL OF THE SENATE 109th Day 109th Day THURSDAY, APRIL 29, 1999 1397
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