Senate Journal: Monday, March 6, 2000

  FIFTY-SEVENTH CALENDAR DAY
  THIRTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, March 6, 2000

  The Senate met in regular session at 1:10 p.m., Senator Redfern
  presiding.

  Prayer was offered by the Reverend Steven Teske, pastor of the
  Trinity Lutheran Church of Shenandoah, Iowa, guest of Senator
  McLaren.

  The Journal of Thursday, March 2, 2000, was approved.

  HOUSE MESSAGE RECEIVED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on March 2, 2000, passed the following bill in which the
  concurrence of
  the Senate is asked:

  House File 2492, a bill for an act relating to certain state and
  municipal agencies by making changes relating to the provision of
  and training for fire protection service and emergency medical service
  and by amending the powers and duties of townships and township
  officers.

  Read first time and referred to committee on Local Government.

  SPECIAL GUESTS

  Senator Deluhery introduced Miss Iowa of 2000, Jennifer Caudle,
  accompanied by her parents Henry and Esther Caudle, from
  Davenport, Iowa.
  Miss Caudle addressed the Senate with brief remarks, expressing
  her platform on music appreciation.

  In observance of National Panhellenic Badge Day and Women's
  History Month, Senators Boettger and Johnson presented a group of
  Simpson College students representing the Delta Delta Delta, Alpha
  Chi Omega, Kappa Kappa Gamma, and Pi Beta Phi sororities.

  The sororities are distinguished in their fundraising efforts
  towards such charities as cystic fibrosis, children's cancer, breast
  cancer, rehabilitation, eating disorders, and other women's health
  issues.

  The women presented the Senate with an assortment of cookies.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 1:41 p.m.,
  until 2:30 p.m.

  AFTERNOON SESSION

  The Senate reconvened at 2:43 p.m., Senator Bartz presiding.

  QUORUM CALL

  Senator Johnson requested a non-record roll call to determine that
  a quorum was present.

  The vote revealed 36 present, 14 absent, and a quorum present.

  The Senate stood at ease at 2:52 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 4:00 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 37 present, 13 absent, and a quorum present.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Maddox, until he arrives, on request of Senator Iverson.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 2302, 2047, and 2200.

  Senate File 2302

  On motion of Senator Redwine, Senate File 2302, a bill for an act
  relating to programs and public health issues under the purview of
  the Iowa department of public health and the appropriation of certain
  fees to the department, was taken up for consideration.

  Senator Redwine offered amendment S-5041, filed by Senators
  Redwine and Hammond on March 1, 2000, to page 2 of the bill and
  moved its adoption.

  Amendment S-5041 was adopted by a voice vote.

  Senator Tinsman offered amendment S-5062, filed by her from the
  floor, to pages 5 and 9 of the bill and moved its adoption.

  Amendment S-5062 was adopted by a voice vote.

  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?" (S.F. 2302), 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	McCoy	McKean
  McKibben	McLaren	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, 1:

  Bartz	

  Absent or not voting, 1:

  Maddox			

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

  Senate File 2047

  On motion of Senator Judge, Senate File 2047, a bill for an act
  relating to the powers and duties of county officers with respect to
  county warrants, was taken up for consideration.

  Senator Judge 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. 2047), the vote was:

  Ayes, 50:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gronstal	Hammond	Hansen	Harper
  Hedge	Horn	Iverson	Jensen
  Johnson	Judge	Kibbie	King
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rife	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Szymoniak	Tinsman
  Veenstra	Zieman	
  Nays, none.

  Absent or not voting, none.

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy, until he returns, on request of President Kramer.

  Senate File 2200

  On request of Senator Lamberti, Senate File 2200, a bill for an
  act providing for the establishment of protected cells by domestic
  insurers, was taken up for consideration.

  Senator Lamberti offered amendment S-5037, filed by him on
  February 29, 2000, to pages 1 and 6 of the bill and moved its
  adoption.

  Amendment S-5037 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?" (S.F. 2200), 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 Files 2302, 2047, and 2200 be immediately messaged to
  the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 2300, 2146, 2251, 2336, and 2314.

  Senate File 2300

  On motion of Senator Bartz, Senate File 2300, a bill for an act
  relating to interference with lawful hunting, fishing, or fur
  harvesting and providing a penalty, was taken up for consideration.

  Senator Bartz moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 2300), the vote was:

  Ayes, 32:

  Angelo	Bartz	Behn	Black
  Dearden	Deluhery	Drake	Fink
  Flynn	Freeman	Gaskill	Gronstal
  Hedge	Horn	Iverson	Jensen
  Johnson	Judge	Kibbie	King
  Kramer	Lamberti	Lundby	McKibben
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Veenstra	Zieman	
  Nays, 17:

  Boettger	Bolkcom	Connolly	Dvorsky
  Fraise	Hammond	Hansen	Harper
  Maddox	McKean	McLaren	Rife
  Sexton	Shearer	Soukup	Szymoniak
  Tinsman	

  Absent or not voting, 1:

  McCoy		

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

  Senate File 2146

  On motion of Senator McKibben, Senate File 2146, a bill for an
  act relating to the appearance in court and the release from custody
  of certain criminal defendants, 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?" (S.F. 2146), the vote was:

  Ayes, 49:

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

  Nays, none.

  Absent or not voting, 1:

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

  Senate File 2251

  On motion of Senator Hammond, Senate File 2251, a bill for an
  act providing for county agricultural extension councils' use of
  moneys in the county agricultural extension education fund, was
  taken up for consideration.

  Senator Hammond 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. 2251), the vote was:

  Ayes, 49:

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

  Nays, none.

  Absent or not voting, 1:

  McCoy			

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

  Senate File 2336

  On motion of Senator King, Senate File 2336, a bill for an act
  relating to entities and subject matter under the regulatory authority
  of the insurance division, including motor vehicle service contracts,
  securities, business opportunities, residential service contracts,
  retirement care contracts, transfer on death probate provisions; and
  establishing penalties and making penalties applicable, was taken up
  for consideration.

  Senator Fink asked and received unanimous consent that action
  on Senate File 2336 be deferred.

  Senate File 2314

  On motion of Senator Redwine, Senate File 2314, a bill for an act
  relating to communicable and infectious diseases and providing
  penalties, was taken up for consideration.

  Senator Redwine offered amendment S-5052, filed by him on
  March 1, 2000, to pages 1, 11, 19, and 20 of the bill and moved its
  adoption.

  Amendment S-5052 was adopted by a voice vote.

  Senator Redwine offered amendment S-5065, filed by him from
  the floor, to pages 4, 16, and 21 of the bill and moved its adoption.

  Amendment S-5065 was adopted by a voice vote.

  Senator Boettger took the chair at 6:20 p.m.

  Senator Szymoniak offered amendment S-5053, filed by her on
  March 1, 2000, to pages 6 and 20 of the bill and moved its adoption.

  A non-record roll call was requested.

  The ayes were 12, nays 36.

  Amendment S-5053 lost.

  MOTION TO RECONSIDER ADOPTED

  Senator Redwine 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-5053
  to Senate File 2314 failed to be adopted by the Senate on March 6, 2000.

  A record roll call was requested.

  On the question "Shall the motion to reconsider be adopted?"
  (S-5053) the vote was:

  Ayes, 36:

  Angelo	Bartz	Behn	Black
  Boettger	Connolly	Dearden	Deluhery
  Flynn	Freeman	Gaskill	Hansen
  Harper	Hedge	Horn	Iverson
  Jensen	Johnson	Judge	Kibbie
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rife
  Schuerer	Soukup	Szymoniak	Tinsman	

  Nays, 13:

  Bolkcom	Drake	Dvorsky	Fink
  Fraise	Gronstal	Hammond	King
  Rittmer	Sexton	Shearer	Veenstra
  Zieman	

  Absent or not voting, 1:

  McCoy		

  The motion prevailed and amendment S-5053 by Senator
  Szymoniak was taken up for reconsideration.

  Senator Szymoniak moved the adoption of amendment S-5053.

  A record roll call was requested.

  On the question "Shall amendment S-5053 be adopted?"
  (S.F. 2314) the vote was:

  Ayes, 13:

  Bartz	Deluhery	Hedge	Lundby
  Maddox	McKean	McLaren	Miller
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	
  Nays, 36:

  Angelo	Behn	Black	Boettger
  Bolkcom	Connolly	Dearden	Drake
  Dvorsky	Fink	Flynn	Fraise
  Freeman	Gaskill	Gronstal	Hammond
  Hansen	Harper	Horn	Iverson
  Jensen	Johnson	Judge	Kibbie
  King	Kramer	Lamberti	McKibben
  Redfern	Redwine	Rehberg	Sexton
  Shearer	Soukup	Veenstra	Zieman	

  Absent or not voting, 1:

  McCoy			

  Amendment S-5053 lost.

  Senator Harper offered amendment S-5063, filed by her from the
  floor, to page 7 of the bill and moved its adoption.

  A non-record roll call was requested.

  The ayes were 10, nays 35.

  Amendment S-5063 lost.

  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?" (S.F. 2314), the vote was:

  Ayes, 46:

  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	McKibben
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rife	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Szymoniak
  Veenstra	Zieman	
  Nays, 3:

  Bartz	McKean	Tinsman	

  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 Files 2300, 2146, 2251, and 2314 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 March 6, 2000, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 2277, a bill for an act relating to hunting preserves by
  eliminating regulations applicable to certain animals classified as
  livestock.

  Read first time and referred to committee on Agriculture.

  House File 2280, a bill for an act requiring the director of the
  department of education to develop and administer an operation
  recognition program.

  Read first time and referred to committee on Education.

  House File 2333, a bill for an act relating to authorization to
  provide emergency and nonemergency medical care services.

  Read first time and attached to companion Senate File 2346.
  House File 2385, a bill for an act providing for establishment of a
  statewide organ and tissue donor registry.

  Read first time and referred to committee on Human Resources.

  ALSO:  That the House has on March 6, 2000, passed the following bills in
  which
  the concurrence of the House was asked:

  Senate File 2091, a bill for an act relating to procedures for
  discontinuance of a city.

  Senate File 2330, a bill for an act relating to the regulation of
  certain low-speed vehicles and making a penalty applicable.
  APPENDIX

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate Chamber on
  March 2, 2000, when the votes were taken on Senate Files 2078, 2241, 2243,
  2245,
  2246, 2265, 2276, 2282, 2325, 2360, 2368, 2372, 2373, and 2409.  Had I been
  present, I
  would have voted "Aye" on all.

  JERRY BEHN

  MADAM PRESIDENT:  I was necessarily absent from the Senate Chamber on
  March 2, 2000, when the votes were taken on Senate Files 2078, 2241, 2243,
  2245,
  2246, 2265, 2276, 2282, 2325, 2360, 2368, 2372, 2373, and 2409.  Had I been
  present, I
  would have voted "Aye" on all.

  TOM FLYNN

  COMPANION BILL RECEIVED

  On March 6, 2000, House File 2333 was received and attached to
  companion Senate File 2346 on the Senate calendar.

  SIMILAR BILL RECEIVED

  On March 2, 2000, House File 754 was received and attached to
  similar Senate File 2408 on the Senate calendar.

  BILL ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of the following bill
  to committee:

  H.F. 	2331	Judiciary

  REPORTS OF COMMITTEE MEETINGS

  EDUCATION

  Convened:  March 6, 2000, 1:45 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer,
  Szymoniak, Tinsman, and Veenstra.

  Members Absent:  None.
  Committee Business:  Subcommittee assignments.  Passed HF 2279.

  Adjourned:  1:50 p.m.

  HUMAN RESOURCES

  Convened:  March 6, 2000, 2:00 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Tinsman, and
  Veenstra.

  Members Absent:  Bartz and Shearer (both excused).

  Committee Business:  Passed HF 2135.

  Adjourned:  2:09 p.m.

  TRANSPORTATION

  Convened:  March 6, 2000, 2:04 p.m.

  Members Present:  Drake, Chair; Sexton, Vice Chair; Fraise, Freeman, Jensen,
  Judge, Kibbie, McKean, McKibben, Rittmer, and Zieman.

  Members Absent:  McCoy, Ranking Member; and Fink (both excused).

  Committee Business:  Passed HF 2113.

  Adjourned:  2:09 p.m.

  INTRODUCTION OF BILL

  Senate File 2421, by Judge, Black, Bolkcom, Connolly, Dearden,
  Deluhery, Dvorsky, Fink, Flynn, Fraise, Hammond, Hansen, Harper,
  Kibbie, McCoy, Shearer, Soukup, and Gronstal, a bill for an act
  creating an Iowa education infrastructure program and fund, an
  education infrastructure review committee, and providing authority
  to issue bonds and refunding bonds to fund the Iowa education
  infrastructure fund and bond reserve funds, and making
  appropriations to the Iowa education infrastructure fund.

  Read first time under Rule 28 and referred to committee on
  Appropriations.
  STUDY BILL RECEIVED

  SSB 3212	Ways and Means

  A joint resolution nullifying amendments to administrative rules
  of the department of revenue and finance concerning the
  classification of condominiums for property tax purposes and
  providing an effective date.

  SUBCOMMITTEE ASSIGNMENTS

  House File 2179

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM:  Hansen, Chair;
  Lundby and Rittmer

  House File 2239

  JUDICIARY:  McKibben, Chair; Hansen and Redfern

  House File 2240

  JUDICIARY:  Miller, Chair; McCoy and Redfern

  House File 2252

  JUDICIARY:  Maddox, Chair; Hansen and McKean

  House File 2253

  JUDICIARY:  Lamberti, Chair; Hansen and Redfern

  House File 2492

  LOCAL GOVERNMENT:  Bartz, Chair; Angelo and Judge

  House File 2496

  EDUCATION:  Redfern, Chair; Connolly and Gaskill

  SSB 3212

  WAYS AND MEANS:  Maddox, Chair; Bolkcom and Johnson
  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  HOUSE FILE 2279, a bill for an act relating to the
  renewal date
  for a license issued by the board of educational examiners.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra.
  Nays,
  none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  HOUSE FILE 2113, a bill for an act relating to
  eligibility for
  United States armed forces retired special motor vehicle license plates.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Drake, Fraise, Freeman, Jensen, Judge, Kibbie,
  McKean,
  McKibben, Rittmer, and Zieman.  Nays, 1:  Sexton.  Absent or not voting, 2:
  McCoy
  and Fink.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-5053
  to S.F. 2314 failed to be adopted by the Senate on March 6, 2000.

  JOHN REDWINE

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-5053
  to S.F. 2314 failed to be adopted by the Senate on March 6, 2000.

  NEAL SCHUERER

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-5053
  to S.F. 2314 failed to be adopted by the Senate on March 6, 2000.

  ELAINE SZYMONIAK

  AMENDMENTS FILED

  S-5059	S.F.	2213	Steve King
  S-5060	S.F.	2375	Steve King
  Kitty Rehberg
  S-5061	S.F.	2315	Richard F. Drake
  S-5062	S.F.	2302	Maggie Tinsman
  S-5063	S.F.	2314	Patricia Harper
  S-5064	S.J.R.	2003	Tom Flynn
  S-5065	S.F.	2314	John Redwine
  S-5066	S.F.	2315	Richard F. Drake
  S-5067	S.F.	2336	Johnie Hammond

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 7:00 p.m.,
  until 9:00 a.m., Tuesday, March 7, 2000.

  CORRECTION:  SJ 467.  The Final Vote for SF 2410 under HUMAN RESOURCES
  Committee Report should also read "Nays, none.  Absent or not voting, none."
  524	JOURNAL OF THE SENATE	33rd Day
  33rd Day	MONDAY, MARCH 6, 2000	523

© 2000 Cornell College and League of Women Voters of Iowa

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