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Senate Journal: Thursday, March 9, 2000

  SIXTIETH CALENDAR DAY
  THIRTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, March 9, 2000

  The Senate met in regular session at 9:06 a.m., Senator Redfern
  presiding.

  Prayer was offered by the Reverend Russ Burnett, pastor of the
  Colo United Methodist Church of Colo, Iowa, guest of Senator
  McKibben.

  SPECIAL GUESTS

  Senator Szymoniak presented Marian Wright Edelman, President
  of Children's Defense Fund.

  Ms. Edelman addressed the Senate with brief remarks regarding
  the welfare of children.	

  Senator Boettger presented Ken Burger, accompanied by his
  daughter Dana.  Mr. Burger is the warden at the Mt. Pleasant
  Treatment Center.  Senator Boettger "job shadowed" Mr. Burger
  previously in their work with the Institute of Public Leadership, and
  today Mr. Burger is "shadowing" Senator Boettger.

  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 8, 2000, passed the following bill in which the
  concurrence of
  the Senate is asked:
  House File 2323, a bill for an act relating to the retention of
  private attorneys by the state.

  Read first time and referred to committee on Judiciary.

  House File 2420, a bill for an act relating to the statute of
  limitations for filing a sexual abuse or sexual exploitation criminal
  indictment or information.

  Read first time and referred to committee on Judiciary.

  House File 2519, a bill for an act relating to the repeal of the
  sixth judicial district pilot project concerning probation revocation
  hearings, and providing an effective date.

  Read first time and referred to committee on Judiciary.

  House File 2521, a bill for an act relating to mandatory
  mediation of certain farm disputes prior to initiation of related
  litigation.

  Read first time and referred to committee on Judiciary.

  House File 2522, a bill for an act relating to addresses used by
  persons seeking relief from domestic abuse.

  Read first time and referred to committee on Human Resources.

  House File 2525, a bill for an act relating to limitations on
  recoverable noneconomic damages in legal actions arising out of
  motor vehicle accidents.

  Read first time and referred to committee on Judiciary.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:26 a.m.,
  until 3:00 p.m.
  APPENDIX

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Melissa Puls, Dubuque - For being a first place winner in the "Write Women
  Back
  into History" Essay Contest.  Senator Connolly (03/09/00).

  Lela G. Quinlan, Ankeny - For celebrating your 88th birthday on March 13,
  2000.
  Senator Lamberti (03/09/00).

  REPORTS OF COMMITTEE MEETINGS

  JUDICIARY

  Convened:  March 9, 2000, 1:43 p.m.

  Members Present:  McKean, Chair; Lamberti, Vice Chair; Angelo, Boettger,
  Dvorsky,
  Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and
  Tinsman.

  Members Absent:  Hansen, Ranking Member (excused).

  Committee Business:  Subcommittee assignments.  Passed HFs 2172 (as amended)
  and 2239.

  Adjourned:  2:11 p.m.

  LOCAL GOVERNMENT

  Convened:  March 9, 2000, 10:37 a.m.

  Members Present:  Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member;
  Fraise, Gaskill, Hammond, Judge, McCoy, McKibben, Rife, and Zieman.

  Members Absent:  McKean and Miller (both excused).

  Committee Business:  Subcommittee assignments.  Passed HF 2315.

  Adjourned:  10:55 a.m.

  WAYS AND MEANS

  Convened:  March 9, 2000, 11:35 a.m.

  Members Present:  Johnson, Chair; McKibben, Vice Chair; Harper, Ranking
  Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti,
  Maddox, Redwine, and Soukup.
  Members Absent:  McLaren (excused).

  Committee Business:  Passed SF 2239 (as amended).  Approved SSBs 3036, 3211
  (as
  amended), 3212, and 3214.

  Adjourned:  12:20 p.m.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2240

  WAYS AND MEANS:  Bartz, Chair; Deluhery and Johnson

  Senate File 2269

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM:  Shearer, Chair;
  Lundby and Soukup

  Senate File 2353

  WAYS AND MEANS:  McKibben, Chair; Flynn and Hedge

  Senate File 2423

  APPROPRIATIONS:  Freeman, Chair; McCoy and McLaren

  House File 2419

  JUDICIARY:  Maddox, Chair; Hammond and McKean

  House File 2421

  JUDICIARY:  Miller, Chair; Lamberti and McCoy

  House File 2423

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM:  Lundby, Chair;
  Sexton and Shearer

  House File 2424

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM:  Veenstra,
  Chair; Boettger and Hansen

  House File 2470

  JUDICIARY:  Angelo, Chair; Fraise and Lamberti

  House File 2520

  JUDICIARY:  Hammond, Chair; Redfern and Tinsman
  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in engrossing
  Senate File 2411, the following corrections were made:

  1.	Page 53, line 23, the number "97B.80A" was changed to the number
  "97B.80B".

  2. Page 55, line 24, the word and number "section 44" were changed to the
  word and
  number "section 48".

  3. Page 55, line 33, the word and number "section 48" were changed to the
  word and
  number "section 52".

  4. Page 56, line 11, the word and number "section 48" were changed to the
  word and
  number "section 52".

  5. Page 56, line 21, the word and number "section 60" were changed to the
  word and
  number "section 70".

  6. Page 80, line 30, the words and numbers "Sections 70, 73, 74, 87, and 90"
  were
  changed to the words and numbers "Sections 81, 84, 85, 98, and 101".

  7. Page 81, line 1, the word and number "Section 69" were changed to the
  word and
  number "Section 80".

  8. Page 81, line 2, the word and number "section 76" were changed to the
  word and
  number "section 87".

  MICHAEL E. MARSHALL
  Secretary of the Senate

  AMENDMENTS FILED

  S-5112	S.F.	2126	JoAnn Johnson
  S-5113	H.F.	2145	Michael W. Connolly
  AFTERNOON SESSION

  The Senate reconvened at 3:18 p.m., Senator Boettger presiding.

  QUORUM CALL

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

  The vote revealed 39 present, 11 absent, and a quorum present.

  The Journal of Wednesday, March 8, 2000, 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 March 8, 2000, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 2437, a bill for an act relating to disclosure by a
  postsecondary education institution of information to the parent or
  guardian of a student.

  Read first time and referred to committee on Education.

  House File 2513, a bill for an act providing for secured
  transactions under the uniform commercial code, by adopting new
  Article 9, eliminating conflicting provisions, and providing an
  effective date.

  Read first time and referred to committee on Judiciary.

  ALSO:  That the House has on March 9, 2000, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 2378, a bill for an act relating to requirements of and
  authorizations for schools and area education agencies, and providing
  an effective date.
  Read first time and referred to committee on Education.

  House File 2422, a bill for an act relating to funding of the local
  housing assistance program and providing an effective date.

  Read first time and referred to committee on Small Business,
  Economic Development, and Tourism.

  House File 2435, a bill for an act repealing a provision
  authorizing the raising of an additional enrichment amount to fund
  asbestos removal projects.

  Read first time and referred to committee on Education.

  House File 2506, a bill for an act relating to the provision of
  police protection in cities having a population of less than one
  thousand two hundred.

  Read first time and passed on file.

  House File 2512, a bill for an act relating to certain violations
  attributed to motor vehicles rented from motor vehicle rental
  companies.

  Read first time and referred to committee on Transportation.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Kramer, for the day, on request of Senator Freeman.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 2349, 2390, 2307, House File 2099, and
  Senate File 2213.
  Senate File 2349

  On motion of Senator Kibbie, Senate File 2349, a bill for an act
  prohibiting a processor from contracting for the care and feeding of
  swine in this state, making penalties applicable, and providing an
  effective date, was taken up for consideration.

  Senator Kibbie offered amendment S-5108, filed by Senators
  Gaskill and Kibbie on March 8, 2000, to pages 1 and 2 of the bill, and
  moved its adoption.

  Amendment S-5108 was adopted by a voice vote.

  Senator Kibbie 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. 2349), 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.
  Senate File 2390

  On motion of Senator Deluhery, Senate File 2390, a bill for an act
  relating to the duties of divisions within the department of
  inspections and appeals and codifying the establishment and duties
  of the existing health facilities division, was taken up for
  consideration.

  Senator Deluhery asked and received unanimous consent to
  withdraw amendment S-5058, filed by Senators Deluhery and
  Rittmer on March 2, 2000, to page 3 of the bill.

  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?" (S.F. 2390), 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.
  Senate File 2307

  On motion of Senator Dearden, Senate File 2307, a bill for an act
  relating to public and workplace safety and wage collection laws
  administered by the labor commissioner, including changes in the
  regulation of boilers in places of public assembly and of elevator
  installers, and of employers under the wage payment collection law,
  was taken up for consideration.

  Senator Dearden 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. 2307), 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 File 2099

  On motion of Senator Behn, House File 2099, a bill for an act
  affecting eligibility for the beginning farmer loan program, and
  providing an effective date, with report of committee recommending
  passage, was taken up for consideration.
  Senator Behn 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. 2099), 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.

  Senate File 2213

  On motion of Senator Rehberg, Senate File 2213, a bill for an act
  relating to on-site presence of a pipeline company representative
  during farmland improvements near pipelines, was taken up for
  consideration.

  Senator McKean took the chair at 3:52 p.m.

  Senator King asked and received unanimous consent to withdraw
  amendment S-5059, filed by him on March 6, 2000, to pages 1-3 of
  the bill.

  Senator Rehberg offered amendment S-5050, filed by her on
  March 1, 2000, to pages 1-3 of the bill, and moved its adoption.
  Amendment S-5050 was adopted by a voice vote.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 2213 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2349, 2390, 2307, and House File 2099 be
  immediately messaged to the House.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2256.

  Senate File 2256

  On motion of Senator Sexton, Senate File 2256, a bill for an act
  establishing a pilot project requiring that the state department of
  transportation purchase soydiesel fuel for use in some of its vehicles,
  and providing for contingent effectiveness, was taken up for
  consideration.

  Senator Sexton offered amendment S-5034, filed him on
  February 29, 2000, to page 1 of the bill, and moved its adoption.

  Amendment S-5034 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 2256), 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.

  The Senate stood at ease at 4:06 p.m. until the fall of the gavel for
  the purpose of a Democratic caucus.

  The Senate resumed session at 4:34 p.m., Senator McKean
  presiding.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 2256 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 2366 and 2303.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Angelo, for the remainder of the day, on request of Senator Hedge.

  Senate File 2366

  On motion of Senator Boettger, Senate File 2366, a bill for an act
  relating to the purchase, possession, and sale of cigarettes and
  tobacco products and providing penalties, was taken up for
  consideration.

  Senator Boettger asked and received unanimous consent to
  withdraw amendment S-5104, filed by Senators Boettger et al. on
  March 8, 2000, striking everything after the enacting clause of the
  bill.

  Senator Boettger offered amendment S-5114, filed by Senators
  Boettger et al. from the floor, striking everything after the enacting
  clause of the bill.

  Senator Lamberti offered amendment S-5116, filed by him from
  the floor to pages 1, 4, and 5 of amendment S-5114, and moved its
  adoption.

  Amendment S-5116 was adopted by a voice vote.

  Senator Boettger moved the adoption of amendment S-5114.

  Amendment S-5114 was adopted by a voice vote.

  Senator Boettger 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. 2366), the vote was:

  Ayes, 48:

  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, 2:

  Angelo	Kramer			

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

  Senate File 2303

  On motion of Senator Maddox, Senate File 2303, a bill for an act
  relating to judicial administration by providing for benefits applicable
  to judicial branch employees, the allocation of magistrates, and the
  manner of making certain noncourt and administrative
  appointments, was taken up for consideration.

  Senator Maddox 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. 2303), the vote was:

  Ayes, 48:

  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, 2:

  Angelo	Kramer			

  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 2303 and 2366 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 2344, 2238, 2252, and 2395.

  Senate File 2344

  On motion of Senator Bartz, Senate File 2344, a bill for an act
  relating to child and family services administered by the department
  of human services, 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. 2344), the vote was:

  Ayes, 48:

  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, 2:

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

  Senate File 2238

  On motion of Senator Veenstra, Senate File 2238, a bill for an act
  relating to the use of school improvement technology program and
  school improvement technology block grant program moneys by
  school districts and area education agencies to employ or contract
  with information technology specialists, was taken up for
  consideration.

  Senator Veenstra 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. 2238), the vote was:

  Ayes, 48:

  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, 2:

  Angelo	Kramer			

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  Senate File 2252

  On motion of Senator Redfern, Senate File 2252, a bill for an act
  eliminating the future repeal of the school finance formula and
  providing for periodic legislative review, was taken up for
  consideration.

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

  On the question "Shall the bill pass?" (S.F. 2252), the vote was:

  Ayes, 48:

  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, 2:

  Angelo	Kramer			

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

  Senate File 2395

  On motion of Senator King, Senate File 2395, a bill for an act
  relating to the creation of an information technology department and
  making related changes, was taken up for consideration.
  Senator King offered amendment S-5118, filed by him from the
  floor to pages 1, 2, 5, 8, 9, 11, 13, and 16 of the bill, and called for a
  division of the amendment:

  Division S-5118A:  Page 1, lines 1-50; Page 2, lines 1-13 and
  33-50; and Page 3, lines 1-38.
  Division S-5118B:  Page 2, lines 14-32.

  Senator King moved the adoption of division S-5118A.

  Division S-5118A was adopted by a voice vote.

  Senator King asked and received unanimous consent that action
  on division S-5118B be deferred.

  Senator Redfern offered amendment S-5122, filed by Senators
  Redfern et al. from the floor to page 13 of the bill.

  Senator Lamberti offered amendment S-5124, filed by him from
  the floor to page 1 of amendment S-5122, and moved its adoption.

  Amendment S-5124 was adopted by a voice vote.

  Senator Redfern moved the adoption of amendment S-5122.

  A record roll call was requested.

  On the question "Shall amendment S-5122 be adopted?"
  (S.F. 2395) the vote was:

  Ayes, 32:

  Bartz	Black	Bolkcom	Connolly
  Dearden	Deluhery	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gronstal
  Hammond	Hansen	Harper	Horn
  Johnson	Judge	Kibbie	Lamberti
  Maddox	McCoy	McKean	McKibben
  McLaren	Miller	Redfern	Rife
  Shearer	Soukup	Szymoniak	Tinsman	

  Nays, 16:

  Behn	Boettger	Drake	Gaskill
  Hedge	Iverson	Jensen	King
  Lundby	Redwine	Rehberg	Rittmer
  Schuerer	Sexton	Veenstra	Zieman	

  Absent or not voting, 2:

  Angelo	Kramer		

  Amendment S-5122 was adopted.

  With the adoption of amendment S-5122, the Chair ruled division
  S-5118B, filed by Senator King from the floor to page 13 of the bill,
  out of order.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Bartz, for the remainder of the day, on request of Senator Hedge.

  BUSINESS PENDING

  Senate File 2395

  The Senate resumed consideration of Senate File 2395.

  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?" (S.F. 2395), the vote was:

  Ayes, 37:

  Behn	Boettger	Connolly	Dearden
  Deluhery	Drake	Flynn	Fraise
  Freeman	Gaskill	Hansen	Harper
  Hedge	Horn	Iverson	Jensen
  Johnson	Kibbie	King	Lamberti
  Lundby	Maddox	McCoy	McKibben
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rife	Rittmer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman	
  Nays, 10:

  Black	Bolkcom	Dvorsky	Fink
  Gronstal	Hammond	Judge	McKean
  Schuerer	Szymoniak	

  Absent or not voting, 3:

  Angelo	Bartz	Kramer		

  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 2238, 2252, 2344, and 2395 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 9, 2000, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 2316, a bill for an act relating to the regulation of
  health organizations for purposes of solvency and establishing a
  measure for the risk-based capital of a health organization.

  Read first time and referred to committee on Commerce.

  House File 2430, a bill for an act providing for a study of
  undergraduate tuition and fees applicable to certain individuals who
  were placed in foster care or another out-of-home placement.

  Read first time and referred to committee on Education.

  House File 2436, a bill for an act delaying the repeal of the school
  finance formula.

  Read first time and referred to committee on Education.
  House File 2471, a bill for an act directing the department of
  education to implement and establish criteria for recognition of
  performance excellence exemplified by outstanding comprehensive
  school improvement plans submitted by school districts.

  Read first time and referred to committee on Education.

  House File 2502, a bill for an act relating to fee-supported
  services provided by a county including the payment of county law
  enforcement salaries and expenses.

  Read first time and referred to committee on Local Government.

  House File 2505, a bill for an act relating to mental health and
  developmental disabilities service funding and administrative
  provisions and providing an effective date.

  Read first time and passed on file.
  APPENDIX

  COMMUNICATION RECEIVED

  The following communication was received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  March 9, 2000

  IOWA WORKFORCE DEVELOPMENT

  Draft copy of the Memorandum of Understanding Between the Region 15 Chief
  Elected Officials and Region 15 Regional Workforce Investment Board and
  Region 15
  Workforce Development Delivery System Partners - an attachment to the
  Customer
  Service Plan dated February 25, 2000.

  REPORT OF COMMITTEE MEETING

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  March 9, 2000, 2:15 p.m.

  Members Present:  Bartz, Chair; King, Vice Chair; Fink, Ranking Member;
  Black,
  Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie,
  Miller,
  Rehberg, and Rife.

  Members Absent:  None.

  Committee Business:  Passed HF 2008.  Approved SSB 3139.

  Adjourned:  3:10 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Joint Resolution 2005, by committee on 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.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.
  INTRODUCTION OF BILLS

  Senate File 2424, by committee on Ways and Means, a bill for an
  act updating the Iowa Code references to the Internal Revenue Code,
  amending the earned income credit, amending requirements for
  nonresident taxpayers, providing tax benefits to military personnel in
  hazardous duty areas, and providing effective and retroactive
  applicability dates.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  Senate File 2425, by committee on Ways and Means, a bill for an
  act providing an assistive device tax credit under the individual and
  corporate taxes for the acquisition or modification of assistive
  technology or the modification of the workplace in order to assist
  persons with a disability in the workplace, limiting the total amount
  of credits allowed, and including an effective and retroactive
  applicability date provision.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  STUDY BILLS RECEIVED

  SSB 3215	Ways and Means

  Providing for a tax levy for a county hospital fund in certain
  counties and providing an applicability and effective date.

  SSB 3216	Appropriations

  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 effective dates and
  retroactive applicability provisions.
  SSB 3217	Appropriations

  Relating to Iowa agricultural industry finance corporations, by
  providing for the expenditure of public moneys and related matters
  voted upon by the corporation's initial board of directors, providing
  for the election of a permanent board of directors, and providing an
  effective date.

  SUBCOMMITTEE ASSIGNMENTS

  House File 2387

  STATE GOVERNMENT:  Rittmer, Chair; Dearden and Lundby

  House File 2431

  STATE GOVERNMENT:  Lamberti, Chair; Connolly and Drake

  House File 2491

  AGRICULTURE:  Veenstra, Chair; Angelo and Fraise

  SSB 3215

  WAYS AND MEANS:  Johnson, Chair; Deluhery and Lamberti

  SSB 3216

  APPROPRIATIONS:  Rife, Chair; Bolkcom and McLaren

  SSB 3217

  APPROPRIATIONS:  McLaren, Chair; Rehberg and Soukup

  COMMITTEE REPORTS

  JUDICIARY

  Final Bill Action:  HOUSE FILE 2172, a bill for an act relating to polygraph
  examinations of applicants for certain law enforcement or correctional
  facility
  positions.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT
  S-5115.

  Final Vote:  Ayes, 11:  McKean, Lamberti, Angelo, Boettger, Fraise, Horn,
  Maddox,
  McCoy, McKibben, Miller, and Redfern.  Nays, 3:  Dvorsky, Hammond, and
  Tinsman.
  Absent or not voting, 1:  Hansen.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 2239, a bill for an act relating to limited
  partnerships by providing for such partnerships to become limited liability
  limited
  partnerships, providing for related matters, and providing an effective
  date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  McKean, Lamberti, Angelo, Boettger, Dvorsky, Fraise,
  Hammond, Horn, Maddox, McKibben, Miller, Redfern, and Tinsman.  Nays, none.
  Absent or not voting, 2:  Hansen and McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  LOCAL GOVERNMENT

  Final Bill Action:  HOUSE FILE 2315, a bill for an act concerning the
  payment of
  health and medical insurance coverage costs by cities to retired employees.

  Recommendation:  DO PASS.

  Final Vote:  Ayes. 11:  Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond,
  Judge,
  McCoy, McKibben, Rife, and Zieman.  Nays, none.  Absent or not voting, 2:
  McKean
  and Miller.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  HOUSE FILE 2008, a bill for an act providing residency
  status to
  certain members of the armed forces for purposes of hunting, fishing, and
  fur
  harvesting.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT
  S-5123.

  Final Vote:  Ayes, 15:  Bartz, King, Fink, Black, Bolkcom, Dearden,
  Deluhery, Drake,
  Freeman, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife.  Nays, none.
  Absent or
  not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  SENATE JOINT RESOLUTION 2005 (SSB 3212), a bill for 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.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 15:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and
  Soukup.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2424 (SSB 3036), a bill for an act updating
  the
  Iowa Code references to the Internal Revenue Code, amending the earned
  income
  credit, amending requirements for nonresident taxpayers, providing tax
  benefits to
  military personnel in hazardous duty areas, and providing effective and
  retroactive
  applicability dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and
  Soukup.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2425 (SSB 3214), a bill for an act providing
  an
  assistive device tax credit under the individual and corporate taxes for the
  acquisition
  or modification of assistive technology or the modification of the workplace
  in order to
  assist persons with a disability in the workplace, limiting the total amount
  of credits
  allowed, and including an effective and retroactive applicability date
  provision.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and
  Soukup.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on March 9, 2000,
  the Governor approved and transmitted to the Secretary of State the
  following bill:

  S.F. 2330 - A bill for an act relating to the regulation of certain
  low-speed vehicles
  and making a penalty applicable.
  AMENDMENTS FILED

  S-5114	S.F.	2366	Nancy Boettger
  Michael E. Gronstal
  Stewart E. Iverson, Jr.
  Matt McCoy
  S-5115	H.F.	2172	Judiciary
  S-5116	S.F.	2366	Jeff Lamberti
  S-5117	S.F.	2391	Michael W. Connolly
  S-5118	S.F.	2395	Steve King
  S-5119	S.F.	2391	Michael W. Connolly
  S-5120	S.F.	2391	Michael W. Connolly
  S-5121	S.F.	2391	Michael W. Connolly
  S-5122	S.F.	2395	Donald Redfern
  JoAnn Johnson
  Jeff Lamberti
  Patricia M. Harper
  Matt McCoy
  Patrick J. Deluhery
  Larry McKibben
  Robert E. Dvorsky
  Tom Flynn
  Michael E. Gronstal
  S-5123	H.F.	2008	Natural Resources and Environment
  S-5124	S.F.	2395	Jeff Lamberti

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:35 p.m.,
  until 1:00 p.m., Monday, March 13, 2000.

  592	JOURNAL OF THE SENATE	36th Day
  36th Day	THURSDAY, MARCH 9, 2000	591

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