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SIXTY-FIFTH CALENDAR DAY THIRTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 14, 2000 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by the Reverend Bernie Grady, pastor of St. Mary's Church of Marshalltown, Iowa, guest of Senator McKibben. The Journal of Monday March 13, 2000, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McCoy, until he arrives, on request of Senator Dvorsky; and Senator McLaren, until he arrives, on request of Senator Rife. UNFINISHED BUSINESS (Deferred March 13, 2000) Senate File 2367 The Senate resumed consideration of Senate File 2367, a bill for an act relating to the information collected through termination of pregnancy reporting, deferred March 13, 2000. 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. 2367), the vote was: Ayes, 34: Angelo Bartz Behn Black Boettger Connolly Deluhery Drake Flynn Freeman Gaskill Hansen Hedge Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Nays, 14: Bolkcom Dearden Dvorsky Fink Fraise Gronstal Hammond Harper Horn Rife Shearer Soukup Szymoniak Tinsman Absent or not voting, 2: McCoy McLaren 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 2367 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:27 a.m., until 4:00 p.m. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Eric Shook, from Dunkerton, who has earned his Eagle Scout award. He was accompanied by his grandfather Tom Delong from Dunkerton, who is also an Eagle Scout, and other family members. They were guests of Senator Rehberg. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Iowa Valley Community College District, Marshalltown - For receiving a prestigious Bellwether Finalist Award in the category of planning, governance, and finance. Senator McKibben (03/14/00). Coach Matt Klemesrud and the Blue and White Wolverines, Dike-New Hartford - For winning the first round of the Boys' Basketball Class 2A Tournament. Senator Jensen (03/14/00). Andrea Meyer, Perry - For winning the E. Wayne Cooley Scholarship Award. Senator Johnson (03/14/00). Zachary Rudolph - For achieving the rank of Eagle Scout. Senator Dvorsky (03/14/00). Dowling High School Girls' Basketball Team, West Des Moines - For winning the State Class 4A Championship. Senator Maddox (03/14/00). BILL 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 bill has 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 14th day of March, 2000: Senate File 2373. MICHAEL E. MARSHALL Secretary of the Senate REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 2367, the following corrections were made: 1. Page 1, line 14, the letters " c. g. " were changed to the letter "c". 2. Page 1, line 18, the letters " d. h. " were changed to the letter "d.". 3. Page 1, line 19, the letters " e. k. " were changed to the letter "e.". 4. Page 1, line 20, the letters " f. l. " were changed to the letter "f.". 5. Page 1, line 21, the letters " g. m. " were changed to the letter "g.". 6. Page 1, line 22, the letters " h. n. " were changed to the letter "h.". 7. Page 1, line 25, the letters " i. o. " were changed to the letter "i.". 8. Page 1, line 26, the letter " p. " was changed to the letter " j. ". 9. Page 1, line 27, the letters " j. q. " were changed to the letters " j. k. ". MICHAEL E. MARSHALL Secretary of the Senate GOVERNOR'S WITHDRAWAL OF APPOINTEE The following letter from the Governor was received in the office of the Secretary of the Senate on March 14, 2000: I respectfully withdraw the name of Douglas W. Larche from consideration by the Senate for appointment as Director of Department of Cultural Affairs. Sincerely, THOMAS J. VILSACK Governor EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on March 13, 2000, when the votes were taken on Senate Files 2111, 2141, 2213, 2257, 2326, 2364, and 2375. Had I been present, I would have voted "Aye" on all. TOM FLYNN REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: March 13, 2000, 11:05 a.m. Members Present: King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: None. Committee Business: Passed subcommittee appropriations bill. Recessed: 11:07 a.m. Reconvened: 12:23 p.m. Recessed: 1:16 p.m. Reconvened: 7:25 p.m. Adjourned: 8:08 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: March 14, 2000, 7:40 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Passed the subcommittee appropriations bill (LSB 5374JA), as amended. Adjourned: 9:00 a.m. HUMAN RESOURCES Convened: March 14, 2000, 1:07 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: None. Committee Business: Passed HFs 2080, 2362, and 2377. Adjourned: 1:52 p.m. JUDICIARY Convened: March 14, 2000, 11:36 a.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Members Absent: None. Committee Business: Subcommittee assignments. Passed HFs 683 (as amended), 2170, 2173, 2240, 2253, 2331, and 2419. Adjourned: 12:18 p.m. LOCAL GOVERNMENT Convened: March 14, 2000, 10:37 a.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Fraise, Gaskill, Hammond, Judge, McKean, McKibben, Miller, Rife, and Zieman. Members Absent: McCoy (excused). Committee Business: Subcommittee assignments. Passed HF 2528, as amended. Adjourned: 11:06 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: March 14, 2000, 9:40 a.m. Members Present: Lundby, Chair; Behn, Vice Chair; Shearer, Ranking Member; Boettger, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, and Veenstra. Members Absent: Flynn and Zieman (both excused). Committee Business: Passed HFs 2179 and 2424. Adjourned: 9:53 a.m. STATE GOVERNMENT Convened: March 14, 2000, 10:38 a.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Members Absent: McLaren (excused). Committee Business: Subcommittee assignments. Passed HF 2431. Adjourned: 10:52 a.m. TRANSPORTATION Convened: March 14, 2000, 1:05 p.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, McKibben, Rittmer, and Zieman. Members Absent: None. Committee Business: Passed HF 2512. Adjourned: 1:45 p.m. SUBCOMMITTEE ASSIGNMENTS Senate File 2121 WAYS AND MEANS: Johnson, Chair; Bolkcom and McLaren House File 2321 HUMAN RESOURCES: Hammond, Chair; Dvorsky and Tinsman House File 2368 TRANSPORTATION: Sexton, Chair; Drake and Judge House File 2442 STATE GOVERNMENT: Szymoniak, Chair; Rittmer and Schuerer House File 2458 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Tinsman, Chair; Behn and Shearer House File 2477 TRANSPORTATION: McCoy, Chair; Drake and Kibbie House File 2480 TRANSPORTATION: Freeman, Chair; Drake and Judge House File 2505 HUMAN RESOURCES: Tinsman, Chair; Harper and Veenstra House File 2522 HUMAN RESOURCES: Bartz, Chair; Harper and Tinsman House File 2531 LOCAL GOVERNMENT: Miller, Chair; Hammond and McKibben COMMITTEE REPORTS SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Final Bill Action: HOUSE FILE 2179 (Formerly HF 2055), a bill for an act relating to the certified school to career program. Recommendation: DO PASS. Final Vote: Ayes, 11: Lundby, Behn, Shearer, Boettger, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, 2: Flynn and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2424, a bill for an act creating an Iowa Lewis and Clark bicentennial commission, an Iowa Lewis and Clark bicentennial fund, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Lundby, Behn, Shearer, Boettger, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, 2: Flynn and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE FILE 2431, a bill for an act relating to ethics and campaign disclosure board procedures and to conflicts of interest of public officers and employees. Recommendation: DO PASS. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5136 S.F. 2258 Robert E. Dvorsky S-5137 S.F. 2341 Nancy Boettger Maggie Tinsman Elaine Szymoniak Jerry Behn Ken Veenstra Patricia Harper John Redwine Neal Schuerer Mark Shearer Robert E. Dvorsky David P. Miller S-5138 S.F. 2338 Mike Sexton AFTERNOON SESSION The Senate reconvened at 4:12 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 47 present, 3 absent, and a quorum present. President Kramer took the chair at 4:26 p.m. The Senate stood at ease at 4:27 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:30 p.m., Senator Hedge presiding. QUORUM CALL Senator Angelo requested a non-record roll call to determine that a quorum was present. The vote revealed 39 present, 11 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McLaren, until he arrives, on request of Senator Jensen; and Senator McCoy, until he arrives, on request of Senator Dvorsky. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2350, 2389, 2369, and 2214. Senate File 2350 On motion of Senator Veenstra, Senate File 2350, a bill for an act relating to dental services under the medical assistance program and providing an effective date, 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. 2350), 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 McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2389 On motion of Senator Sexton, Senate File 2389, a bill for an act relating to contracts and agreements entered into by the Iowa lottery board and commissioner of the lottery, was taken up for consideration. 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. 2389), the vote was: Ayes, 27: Bartz Connolly Dearden Deluhery Fink Flynn Gaskill Gronstal Harper Horn Iverson Jensen Judge Kibbie Kramer Lamberti Lundby Maddox McCoy Miller Rife Rittmer Sexton Soukup Szymoniak Tinsman Zieman Nays, 22: Angelo Behn Black Boettger Bolkcom Drake Dvorsky Fraise Freeman Hammond Hansen Hedge Johnson King McKean McKibben Redfern Redwine Rehberg Schuerer Shearer Veenstra Absent or not voting, 1: McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2369 On motion of Senator Miller, Senate File 2369, a bill for an act relating to the sharing of juvenile court social records or child abuse records pursuant to an interagency agreement, was taken up for consideration. Senator Miller 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. 2369), 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. Senate File 2214 On motion of Senator Gaskill, Senate File 2214, a bill for an act relating to residential landlord-tenant law, by allowing for notice of and a surcharge for rent paid with a check returned for insufficient funds, and making certain changes related to forcible entry and detainer actions, was taken up for consideration. Senator Gaskill offered amendment S-5056, filed by him on March 2, 2000, to pages 2 and 3 of the bill, and moved its adoption. Amendment S-5056 was adopted by a voice vote. Senator Gaskill 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. 2214), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Gronstal 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, 2: Dvorsky Hammond 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 2214, 2350, 2369, and 2389 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 2391, 2175, and 2267. Senate File 2391 On motion of Senator Sexton, Senate File 2391, a bill for an act relating to regulatory duties of the department of inspections and appeals related to games of skill or chance and raffles, was taken up for consideration. Senator Connolly asked and received unanimous consent to withdraw amendment S-5120 filed by him on March 9, 2000, to pages 1, 4, and 5 of the bill. Senator Connolly offered amendment S-5119, filed by him on March 9, 2000, to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5119 be adopted?" (S.F. 2391) the vote was: Ayes, 16: Bolkcom Connolly Dearden Deluhery Dvorsky Flynn Fraise Gronstal Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Nays, 34: Angelo Bartz Behn Black Boettger Drake Fink Freeman Gaskill Hammond Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Szymoniak Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-5119 lost. Senator Connolly offered amendment S-5117, filed by him on March 9, 2000, to page 5 of the bill. Senator Connolly asked and received unanimous consent that action on amendment S-5117 be deferred for the purpose of an amendment. Senator Connolly asked and received unanimous consent to withdraw amendment S-5121 filed by him on March 9, 2000, to page 8 and to the title page of the bill. Senator Connolly asked and received unanimous consent that action on Senate File 2391 be deferred. Senate File 2175 On motion of Senator Schuerer, Senate File 2175, a bill for an act providing for the establishment of a bank office in certain unincorporated areas, with report of committee recommending passage, was taken up for consideration. Senator Shearer offered amendment S-5130, filed by him on March 13, 2000, to page 1 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-5130 and Senate File 2175 be deferred. Senate File 2267 On motion of Senator Angelo, Senate File 2267, a bill for an act requiring the board of directors of a school district to adopt a contract with parents as part of a student promotion policy for grade three level students and providing for related matters, was taken up for consideration. President Kramer took the chair at 7:50 p.m. Senator Iverson asked and received unanimous consent that action on Senate File 2267 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Rehberg, until she arrives, on request of Senator Boettger. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2341. Senate File 2341 On motion of Senator Boettger, Senate File 2341, a bill for an act relating to community empowerment areas by revising the Iowa empowerment board membership and establishing a formula for distribution of school ready children grant funding and including related provisions and providing an effective date, was taken up for consideration. Senator Boettger offered amendment S-5137, filed by Senators Boettger et al. from the floor to pages 4, 5, and 6 of the bill, and moved its adoption. Amendment S-5137 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. 2341), 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 Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Rehberg Rife The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 2391 The Senate resumed consideration of Senate File 2391, a bill for an act relating to regulatory duties of the department of inspections and appeals related to games of skill or chance and raffles, previously deferred. Senator Connolly offered amendment S-5150, filed by him from the floor to page 2 of the bill, and moved its adoption. Amendment S-5150 was adopted by a voice vote. Senator Connolly asked and received unanimous consent to withdraw amendment S-5117 filed by him on March 9, 2000, to page 5 of the bill. 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. 2391), the vote was: Ayes, 37: Angelo Bartz Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Horn Iverson Johnson Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McLaren Redfern Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Nays, 12: Behn Boettger Hedge Jensen King McKean McKibben Miller Redwine Schuerer Veenstra Zieman Absent or not voting, 1: Rehberg 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 2341 and 2391 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 2126. Senate File 2126 On motion of Senator Johnson, Senate File 2126, a bill for an act relating to third-party payment of health care coverage costs for prescription contraceptive drugs, devices, and services, with report of committee recommending passage, was taken up for consideration. Senator Johnson offered amendment S-5112, filed by her on March 9, 2000, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5112 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lamberti, until he arrives, on request of Senator Iverson. BUSINESS PENDING Senate File 2126 The Senate resumed consideration of Senate File 2126. Senator Schuerer offered amendment S-5144, filed by him from the floor to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5144 be adopted?" (S.F. 2126) the vote was: Ayes, 9: Behn Flynn Iverson King McKibben Miller Redwine Schuerer Veenstra Nays, 39: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Jensen Johnson Judge Kibbie Kramer Lundby Maddox McCoy McKean McLaren Redfern Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Zieman Absent or not voting, 2: Lamberti Rehberg Amendment S-5144 lost. Senator King offered amendment S-5145, filed by him from the floor to page 1 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 10, nays 37. Amendment S-5145 lost. Senator King offered amendment S-5146, filed by him from the floor to page 1 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5146 be adopted?" (S.F. 2126) the vote was: Ayes, 13: Behn Flynn Freeman Hedge Iverson King Lamberti McKibben Miller Redwine Schuerer Sexton Veenstra Nays, 34: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Gaskill Gronstal Hammond Hansen Harper Horn Jensen Johnson Judge Kibbie Kramer Lundby Maddox McCoy McKean Redfern Rittmer Shearer Soukup Szymoniak Tinsman Zieman Absent or not voting, 3: McLaren Rehberg Rife Amendment S-5146 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lamberti, until he returns, on request of Senator Iverson. BUSINESS PENDING Senate File 2126 The Senate resumed consideration of Senate File 2126. Johnson moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2126), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 41: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Jensen Johnson Judge Kibbie Kramer Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Shearer Soukup Szymoniak Tinsman Zieman Nays, 7: Behn Flynn Iverson King Schuerer Sexton Veenstra Absent or not voting, 2: Lamberti Rehberg 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 2126 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Schuerer, until he returns, on request of Senator Freeman. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2327. Senate File 2327 On motion of Senator Angelo, Senate File 2327, a bill for an act relating to certain procedures for the purchase or condemnation of interest in private property by a utility subject to the jurisdiction of the Iowa utilities board, was taken up for consideration. Senator Angelo offered amendment S-5089, filed by him on March 8, 2000, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5089 was adopted by a voice vote. Senator Bartz took the chair at 9:41 p.m. Senator Angelo 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. 2327), the vote was: Ayes, 47: 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 Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Lamberti Rehberg Schuerer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred March 13, 2000) Senate File 2144 The Senate resumed consideration of Senate File 2144, a bill for an act relating to regulation and inspection of health care facilities including the establishment of a quality-based inspections system, deferred March 13, 2000. Senator Szymoniak 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. 2144), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hansen Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redwine Rife Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Zieman Nays, 7: Dearden Fink Hammond Harper McCoy Redfern Shearer Absent or not voting, 1: Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2365 and 2299. Senate File 2365 On motion of Senator Tinsman, Senate File 2365, a bill for an act relating to family investment program requirements regarding the time period allowed for supported postsecondary education assistance and including an applicability provision, was taken up for consideration. 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?" (S.F. 2365), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2299 On motion of Senator King, Senate File 2299, a bill for an act relating to the state list of endangered and threatened fish, plants, and wildlife, was taken up for consideration. 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. 2299), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Drake Dvorsky 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Bolkcom Fink Absent or not voting, 1: Rehberg 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 2144, 2299, 2327, and 2365 be immediately messaged to the House. President Kramer took the chair at 10:21 p.m. BUSINESS PENDING Senate File 2267 The Senate resumed consideration of Senate File 2267, a bill for an act requiring the board of directors of a school district to adopt a contract with parents as part of a student promotion policy for grade three level students and providing for related matters, previously deferred. Senator Connolly offered amendment S-5149, filed by him from the floor striking everything after the enacting clause and to the title page of the bill. Senator Angelo raised the point of order that amendment S-5149 was not germane to the bill. Senator Angelo asked and received unanimous consent to withdraw his question of germaneness. Senator Connolly moved the adoption of amendment S-5149. A record roll call was requested. On the question "Shall amendment S-5149 be adopted?" (S.F. 2267) the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Rife Shearer Soukup Szymoniak Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-5149 lost. Senator Angelo offered amendment S-5070, filed by him on March 7, 2000, to pages 1-4 and to the title page of the bill, and moved its adoption. Amendment S-5070 was adopted by a voice vote. Senator Gronstal offered amendment S-5148, filed by him from the floor to page 4 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-5148 be deferred. Senator Angelo offered amendment S-5151, filed by him from the floor to page 4 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 26, nays 18. Amendment S-5151 was adopted. With the adoption of amendment S-5151, the Chair ruled amendment S-5148, filed by Senator Gronstal from the floor to page 4 of the bill, out of order. Senator Angelo 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. 2267), the vote was: Ayes, 26: Angelo Bartz Behn Boettger Drake Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 24: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy McLaren Rife Shearer Soukup Szymoniak Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2267 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 2338 and 2203. Senate File 2338 On motion of Senator Sexton, Senate File 2338, a bill for an act providing for a school investment partnership pilot program, was taken up for consideration. Senator Connolly offered amendment S-5125, filed by him on March 13, 2000, to pages 1, 3, and to the title page of the bill. Senator Sexton raised the point of order that amendment S-5125 was not germane to the bill. The Chair ruled the point well taken and amendment S-5125 out of order. Senator Connolly asked and received unanimous consent to withdraw amendment S-5126 filed by him on March 13, 2000, to pages 1 and 3 of the bill. Senator Sexton offered amendment S-5138, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S-5138 was adopted by a voice vote. Senator Hedge took the chair at 12:05 a.m. President Kramer took the chair at 12:14 a.m. 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. 2338), the vote was: Ayes, 39: Angelo Bartz Behn Boettger Drake Freeman Gaskill Gronstal 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, 10: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Hammond 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. Senate File 2203 On motion of Senator King, Senate File 2203, a bill for an act to allow the assignment of benefits under an insurance policy or contract, or health benefit plan to the provider of health care services, with report of committee recommending passage, was taken up for consideration. Senator Szymoniak offered amendment S-5147, filed by her from the floor, to page 1 of the bill. Senator King raised the point of order that amendment S-5147 was not germane to the bill. The Chair ruled the point not well taken and amendment S-5147 in order. Senator Szymoniak moved the adoption of amendment S-5147. A non-record roll call was requested. The ayes were 18, nays 28. Amendment S-5147 lost. 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. 2203), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Bolkcom Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Iverson Jensen Johnson Judge Kibbie King Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 7: Connolly Dearden Fink Hedge Horn Shearer Szymoniak Present, 1: Kramer 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 2203 and 2338 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 14, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2027, a bill for an act relating to the construction or acquisition of infrastructure by rural water districts by providing for financing and exempting certain debt instruments from taxation. Read first time and referred to committee on Local Government. House File 2206, a bill for an act providing for the waiver or variance of administrative rules by state agencies. Read first time and referred to committee on State Government. House File 2254, a bill for an act relating to actions on certain older claims to real estate. Read first time and referred to committee on Judiciary. House File 2292, a bill for an act requesting a legislative study to review the mission, structure, responsiveness, and funding of the area education agencies. Read first time and referred to committee on Education. House File 2327, a bill for an act relating to county levy and expenditure authority involving the risk pool and county mental health, mental retardation, and developmental disabilities services fund by authorizing appropriations from the fund for capital assets used exclusively for purposes of the services fund, authorizing associated county general fund levies and expenditures, and including transition, effective, and applicability dates, and other related provisions. Read first time and referred to committee on Local Government. House File 2329, a bill for an act extending the time period to qualify for certain linked investment programs and providing an effective date. Read first time and referred to committee on Agriculture. House File 2368, a bill for an act relating to weight restrictions on certain implements of husbandry and providing for a study. Read first time and referred to committee on Transportation. House File 2376, a bill for an act relating to veterans preference in public employment. Read first time and referred to committee on State Government. House File 2391, a bill for an act establishing a criminal offense relating to theft detection shielding devices and theft detection devices and providing a penalty. Read first time and referred to committee on Judiciary. House File 2393, a bill for an act relating to the certification of persons as confinement site manure applicators, providing for fees, and making penalties applicable. Read first time and referred to committee on Agriculture. House File 2461, a bill for an act relating to redistricting by providing for senatorial elections subsequent to redistricting, the relationship of legislative and congressional district boundaries, and multi- director school district terms. Read first time and referred to committee on State Government. House File 2463, a bill for an act relating to the department of personnel by providing for the duties of the department, the administration of the department, and benefits provided state employees, and providing effective and retroactive applicability dates. Read first time and referred to committee on State Government. House File 2480, a bill for an act relating to motor vehicle registration periods and providing an effective date. Read first time and referred to committee on Transportation. House File 2486, a bill for an act relating to the taking of fish and game by establishing residency requirements and methods of taking fish and subjecting violators to an existing penalty. Read first time and referred to committee on Natural Resources and Environment. House File 2494, a bill for an act providing for the application of compost material to land for use for the production of organic agricultural products. Read first time and referred to committee on Agriculture. House File 2510, a bill for an act relating to operating while intoxicated, including ignition interlock provisions. Read first time and referred to committee on Transportation. House File 2511, a bill for an act providing that the course for drinking drivers shall be taught by community colleges and licensed substance abuse programs, requiring participation in substance abuse awareness programs by all persons under the age of twenty- one who drive with a blood alcohol concentration level of .02 or more, and making related changes. Read first time and referred to committee on Transportation. House File 2518, a bill for an act relating to probate law, including assessment of court costs, certain notification provisions, certain distributions to minors, the effect of dissolution of marriage on will provisions, and powers of attorney. Read first time and referred to committee on Judiciary. ALSO: That the House has on March 14, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2300, a bill for an act relating to interference with lawful hunting, fishing, or fur harvesting and providing a penalty. (S-5143) APPENDIX REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: March 14, 2000, 2:04 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Members Absent: Black (excused). Committee Business: Approved SSB 3218. Adjourned: 3:40 p.m. BILL SIGNED BY THE GOVERNOR A communication was received announcing that on March 14, 2000, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 2091 - A bill for an act relating to procedures for discontinuance of a city. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 2126, the following correction was made: 1. Page 3, line 9, the words and numbers "subsections 1 through 4A" were changed to the words and numbers "subsections 1 through 5". MICHAEL E. MARSHALL Secretary of the Senate INTRODUCTION OF BILL Senate File 2428, by committee on Appropriations, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, and making related statutory changes, and providing an effective date provision. Read first time under Rule 28 and placed on Appropriations calendar. SUBCOMMITTEE ASSIGNMENTS House File 2027 LOCAL GOVERNMENT: Rife, Chair; Angelo and Judge House File 2254 JUDICIARY: Redfern, Chair; Horn and McKibben House File 2329 AGRICULTURE: Sexton, Chair; Bartz and Fraise House File 2393 AGRICULTURE: Miller, Chair; Behn and Kibbie House File 2425 JUDICIARY: Lamberti, Chair; Dvorsky and McKibben House File 2433 EDUCATION: Sexton, Chair; Redwine and Szymoniak House File 2474 EDUCATION: Tinsman, Chair; Harper and Redfern House File 2494 AGRICULTURE: Hedge, Chair; Black and Zieman COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 2428 (SSB 3218), a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, and making related statutory changes, and providing an effective date provision. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: McLaren, Kramer, Behn, Freeman, Hedge, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Rife, Schuerer, and Tinsman. Nays, 9: Flynn, Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Horn, McCoy, and Soukup. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: HOUSE FILE 683 (Formerly HF 297), a bill for an act relating to mediation services related to custody, visitation, and support of a child. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5139. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2173 (Formerly HF 2030), a bill for an act providing for inheritance by great-grandparents, great-aunts and uncles, and second cousins of intestate decedents. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2240, a bill for an act relating to notice and the appointment of counsel in guardianship and conservatorship proceedings. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2253, a bill for an act relating to state criminal jurisdiction and to the crimes of escape and absence from custody. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2331 (Formerly HF 2034), a bill for an act relating to operating a motorboat or sailboat while intoxicated and providing penalties. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2419, a bill for an act changing the criminal penalties relating to possession, manufacture, or delivery of amphetamines. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 2528, a bill for an act relating to the condemnation of private property for certain public purposes and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5140. Final Vote: Ayes, 11: Angelo, Bartz, Fraise, Gaskill, Hammond, Judge, McKean, McKibben, Miller, Rife, and Zieman. Nays, 1: Bolkcom. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: HOUSE FILE 2512 (Formerly HF 2222), a bill for an act relating to certain violations attributed to motor vehicles rented from motor vehicle rental companies. Recommendation: DO PASS. Final Vote: Ayes, 10: Drake, Sexton, Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, and McKibben. Nays, none. Absent or not voting, 3: McCoy, Rittmer, and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on March 14, 2000, when the vote was taken on Senate File 2327. Had I been present, I would have voted "Aye." NEAL SCHUERER AMENDMENTS FILED S-5139 H.F. 683 Judiciary S-5140 H.F. 2528 Local Government S-5141 S.F. 2318 Nancy Boettger Elaine Szymoniak S-5142 H.F. 2198 Robert E. Dvorsky S-5143 S.F. 2300 House S-5144 S.F. 2126 Neal Schuerer S-5145 S.F. 2126 Steve King S-5146 S.F. 2126 Steve King S-5147 S.F. 2203 Elaine Szymoniak S-5148 S.F. 2267 Michael E. Gronstal S-5149 S.F. 2267 Michael W. Connolly S-5150 S.F. 2391 Michael W. Connolly S-5151 S.F. 2267 Jeff Angelo S-5152 S.F. 2332 Elaine Szymoniak ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 12:54 a.m., until 9:00 a.m., Wednesday, March 15, 2000. 642 JOURNAL OF THE SENATE 39th Day 38th Day TUESDAY, MARCH 14, 2000 643 39th Day WEDNESDAY, MARCH 15, 2000 669
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