Senate Journal: Wednesday, March 22, 2000

  SEVENTY-THIRD CALENDAR DAY
  FORTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 22, 2000

  The Senate met in regular session at 9:07 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Clayton George, pastor of the
  Apostolic Assembly Church of Anamosa, Iowa, guest of Senator
  McKean.

  The Journal of Tuesday, March 21, 2000, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Fink, for the day, on request of Senator Black.

  BILLS SENT TO UNFINISHED BUSINESS CALENDAR

  Senator Iverson asked and received unanimous consent that the
  following bills be referred to the Unfinished Business Calendar:

  Senate File	2035
  Senate File	2345
  Senate File	2429
  Senate File	2430

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 102.
  Senate Resolution 102

  On motion of Senator Jensen, Senate Resolution 102, a
  resolution requesting that Congress grant states the authority to
  regulate automatic teller machine or satellite terminal charges
  assessed by financial institutions, with report of committee
  recommending amendment and passage, was taken up for
  consideration.

  Senator Jensen offered amendment S-5003, filed by the committee
  on Commerce on February 1, 2000, to pages 1 and 2 of the bill, and
  moved its adoption.

  Amendment S-5003 was adopted by a voice vote.

  Senator Jensen moved the adoption of Senate Resolution 102,
  which motion prevailed by a voice vote, and the resolution was
  adopted.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2085.

  House File 2085

  On motion of Senator Behn, House File 2085, a bill for an act
  relating to health certificate requirements for breeding bulls and
  making penalties applicable, 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. 2085), the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	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	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  Fink			

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 2085 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:04 a.m.,
  until 3:00 p.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened:  March 22, 2000, 8:49 a.m.

  Members Present:  Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking
  Member;
  Angelo, Bartz, Behn, Hedge, Judge, Kibbie, Sexton, Shearer, Soukup,
  Veenstra, and
  Zieman.

  Members Absent:  Black (excused).

  Committee Business:  Recommended confirmation of Governor's appointees.

  Adjourned:  8:55 a.m.

  JUDICIARY

  Convened:  March 22, 2000, 11:29 a.m.

  Members Present:  McKean, Chair; Angelo, Boettger, Dvorsky, Fraise, Hammond,
  Horn, McKibben, Miller, and Redfern.

  Members Absent:  Lamberti, Vice Chair; Hansen, Ranking Member; Maddox,
  McCoy,
  and Tinsman (all excused).

  Committee Business:  Subcommittee assignment.  Approved subcommittee
  assignments for Governor's appointees.  Recommended confirmation of
  Governor's
  appointee.

  Adjourned:  11:31 a.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  March 22, 2000, 10:52 a.m.

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

  Members Absent:  Fink, Ranking Member (excused).

  Committee Business:  Recommended confirmation of Governor's appointees for
  En
  Bloc Calendar; one appointee to Individual Calendar without recommendation.

  Adjourned:  11:08 a.m.
  SUBCOMMITTEE ASSIGNMENT

  House File 2439

  JUDICIARY:  McKibben, Chair; Angelo and McCoy

  COMPANION BILL RECEIVED

  On March 22, 2000, House File 2197 was received and attached
  to companion Senate File 2345 on the Senate calendar.

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate Chamber on
  March 20, 2000, when the votes were taken on Senate Files 2147, 2418, 2420,
  House
  Files 620, 683, 2136, 2173, 2179, 2218, 2220, 2239, 2240, 2277, 2329, and
  2330.  Had I
  been present, I would have voted "Aye" on all.

  JEFF ANGELO

  PETITION

  The following petition was presented and placed on file:

  From 792 residents of various counties in Iowa favoring legislation
  to establish an Iowa state commission on the status of Asian and
  Pacific Islanders.  Senator Bolkcom.

  GOVERNOR'S APPOINTEES PLACED
  ON EN BLOC CALENDAR

  The following appointees, assigned to standing committees for
  investigation, were placed on the En Bloc Calendar with
  recommendations for confirmation:

  AGRICULTURE

  Frank Carroll - Agricultural Development Authority
  Timothy Galm - Agricultural Development Authority
  Fred Lundt - Agricultural Development Authority

  JUDICIARY

  Mary Curran - Commission on Judicial Qualifications
  NATURAL RESOURCES AND ENVIRONMENT

  Darrell Hanson - Environmental Protection Commission

  Greg Hayes - Renewable Fuels and Coproducts Advisory Committee
  David Holmes - Renewable Fuels and Coproducts Advisory Committee
  Yvonne Wente - Renewable Fuels and Coproducts Advisory Committee

  GOVERNOR'S APPOINTEE PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointee, assigned to standing committee for
  investigation, was placed on the Individual Confirmation Calendar
  without recommendation for confirmation:

  NATURAL RESOURCES AND ENVIRONMENT

  JoAnn Brincks - Renewable Fuels and Coproducts Advisory Committee

  AMENDMENTS FILED

  S-5204	H.F.	2327	Joe Bolkcom
  S-5205	H.F.	2135	David Miller
  S-5206	H.F.	2511	Richard F. Drake
  John P. Kibbie
  S-5207	S.F.	428	House
  S-5208	H.F.	2491	Ken Veenstra
  S-5209	H.F.	2331	Jeff Lamberti
  S-5210	S.F.	2344	House
  S-5211	S.F.	2430	Jerry Behn
  Derryl McLaren
  John P. Kibbie
  H. Kay Hedge
  AFTERNOON SESSION

  The Senate reconvened at 3:44 p.m., President Kramer presiding.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on March 22, 2000, adopted the following resolution in which the
  concurrence of the Senate is asked:

  House Concurrent Resolution 111, a concurrent resolution
  encouraging state and local governments, business interests, health
  care professionals, and individuals with interest in good health to
  help in educating the public to raise awareness regarding
  osteoporosis prevention, detection, and treatment.

  Read first time and referred to committee on Rules and
  Administration.

  ALSO:  That the House has on March 22, 2000, amended and passed the
  following
  bills in which the concurrence of the Senate is asked:

  Senate File 428, a bill for an act relating to the authority of cities
  and counties to adopt rent control ordinances.(S-5207)

  Senate File 2253, a bill for an act relating to certain county
  officers' duties relating to property transfer instruments, records of
  fees paid to a county, notice of certification of utility liens, and notice
  of mobile homes departing and entering mobile home parks.(S-5212)

  Senate File 2344, a bill for an act relating to child and family
  services administered by the department of human services.(S-5210)

  ALSO:  That the House has on March 22, 2000, passed the following bills in
  which
  the concurrence of the House was asked:

  Senate File 2048, a bill for an act providing for the appointment
  and length of terms for members added to a hospital board of
  trustees.
  Senate File 2061, a bill for an act relating to the registration and
  licensing duties of the county recorder and providing for other
  properly related matters.

  Senate File 2164, a bill for an act relating to expenditure of
  primary road fund moneys for dust control on certain municipal
  streets.

  Senate File 2200, a bill for an act providing for the establishment
  of protected cells by domestic insurers.

  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.

  Senate File 2372, a bill for an act relating to certain providers of
  consumer services by eliminating the registration requirement for
  physical exercise clubs, making social referral service providers
  subject to provisions relating to door-to-door sales, and making
  penalties applicable.

  Senate File 2388, a bill for an act relating to the filing of reports
  with the secretary of state by corporate entities.

  Senate File 2409, a bill for an act relating to the operation and
  regulation of insurance companies, mutual insurance associations,
  benevolent associations, health maintenance organizations, and other
  insurance or risk-assuming entities, including the rights and duties
  of such entities and the powers and authority of the insurance
  commissioner and providing effective dates.

  ALSO:  That the House has on March 22, 2000, passed the following bill in
  which
  the concurrence of the Senate is asked:

  House File 2197, a bill for an act relating to the determination of
  fair value of the shares of dissenting shareholders of a bank or bank
  holding company.
  Read first time and attached to companion Senate File 2345.

  ALSO:  That the House has on March 22, 2000, concurred in the Senate
  amendment and passed the following bills in which the concurrence of the
  House
  was asked:

  House File 2113, a bill for an act relating to eligibility for United
  States armed forces retired special motor vehicle license plates.

  House File 2136, a bill for an act relating to nonsubstantive Code
  corrections.

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

  QUORUM CALL

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

  The vote revealed 40 present, 10 absent, and a quorum present.

  The Senate stood at ease at 3:58 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:09 p.m., President Kramer
  presiding.

  UNFINISHED BUSINESS

  Senate File 2430

  On motion of Senator Behn, Senate File 2430, a bill for an act
  relating to and making appropriations for agriculture and natural
  resources and providing effective dates, placed on the Unfinished
  Business Calendar on March 22, 2000, was taken up for
  consideration.
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Flynn, until he arrives, on request of Senator Dvorsky; and Senator
  Rife,
  for the remainder of the day, on request of Senator Jensen.

  BUSINESS PENDING

  Senate File 2430

  The Senate resumed consideration of Senate File 2430.

  Senator Black offered amendment S-5221, filed by Senators Black,
  et al., 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-5221 be adopted?"
  (S.F. 2430) the vote was:

  Ayes, 19:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fraise	Gronstal
  Hammond	Hansen	Harper	Horn
  Judge	Kibbie	McCoy	Redfern
  Shearer	Soukup	Szymoniak	

  Nays, 28:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Hedge
  Iverson	Jensen	Johnson	King
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McLaren	Miller
  Redwine	Rehberg	Rittmer	Schuerer
  Sexton	Tinsman	Veenstra	Zieman	

  Absent or not voting, 3:

  Fink	Flynn	Rife		

  Amendment S-5221 lost.
  Senator Behn offered amendment S-5211, filed by Senators Behn,
  et al., from the floor to pages 2, 3, 18, and 19 of the bill, and moved its
  adoption.

  Amendment S-5211 was adopted by a voice vote.

  Senator Black offered amendment S-5222, filed by Senators Black,
  et al., from the floor to pages 6, 7, 9, and 12-14 of the bill, and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5222 be adopted?"
  (S.F. 2430) the vote was:

  Ayes, 19:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Flynn	Fraise
  Gronstal	Hammond	Hansen	Harper
  Horn	Judge	Kibbie	McCoy
  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, 2:

  Fink	Rife			

  Amendment S-5222 lost.

  Senator Behn offered amendment S-5216, filed by him from the
  floor to pages 6, 10, and 13 of the bill, and moved its adoption.

  Amendment S-5216 was adopted by a voice vote.
  President Kramer called up amendment S-5213, filed by Senator
  Rife from the floor to pages 16 and 19 of the bill.

  Senator Iverson asked and received unanimous consent that action
  on amendment S-5213 be deferred.

  Senator Zieman asked and received unanimous consent to
  withdraw amendment S-5217 filed by Senators Zieman and Fraise
  from the floor to pages 16 and 19 of the bill.

  Senator Iverson offered amendment S-5219, filed by him from the
  floor to pages 16 and 19 of the bill.

  Senator Behn raised the point of order that amendment S-5219
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5219 out
  of order.

  With the ruling of germaneness on amendment S-5219, the Chair
  ruled amendment S-5213, filed by Senator Rife from the floor to
  pages 16 and 19 of the bill, out of order.

  Senator Fraise offered amendment S-5220, filed by him from the
  floor to pages 16 and 19 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5220 be adopted?"
  (S.F. 2430) the vote was:

  Ayes, 20:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Flynn	Fraise
  Gronstal	Hammond	Hansen	Harper
  Horn	Judge	Kibbie	McCoy
  Shearer	Soukup	Szymoniak	Zieman	

  Nays, 28:

  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	

  Absent or not voting, 2:

  Fink	Rife			

  Amendment S-5220 lost.

  Senator Soukup asked and received unanimous consent to
  withdraw amendment S-5223 filed by Senators Soukup, et al., from
  the floor to pages 16 and 19 of the bill.

  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?" (S.F. 2430), the vote was:

  Ayes, 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	

  Nays, 19:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Flynn	Fraise
  Gronstal	Hammond	Hansen	Harper
  Horn	Judge	Kibbie	McCoy
  Shearer	Soukup	Szymoniak	

  Absent or not voting, 2:

  Fink	Rife		

  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 2430 be immediately messaged to the House.

  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 22, 2000

  IOWA DEPARTMENT OF PUBLIC HEALTH

  February 2000 Scope of Practice Review Committee Pilot Project Final Report,
  pursuant to 1997 Iowa Acts, chapter 203.

  REPORT OF COMMITTEE MEETING

  WAYS AND MEANS

  Convened:  March 22, 2000, 1:10 p.m.

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

  Members Absent:  Drake (excused).

  Committee Business:  Approved SSBs 3046 (as amended), 3215, and 3221.
  Recommended confirmation of Governor's appointees.

  Adjourned:  1:55 p.m.

  INTRODUCTION OF BILLS

  Senate File 2431, by committee on Ways and Means, a bill for an
  act providing for a tax levy for a county hospital fund in certain
  counties and providing an applicability and effective date.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.
  Senate File 2432, by committee on Ways and Means, a bill for an
  act exempting from the state sales and use taxes certain equipment
  used in transmitting telecommunications services and including an
  effective date.

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

  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action:  SENATE FILE 2431 (SSB 3215), a bill for an act providing
  for a
  tax levy for a county hospital fund in certain counties and providing an
  applicability
  and effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup.
  Nays,
  none.  Absent or not voting, 1:  Drake.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2432 (SSB 3221), a bill for an act exempting
  from
  the state sales and use taxes certain equipment used in transmitting
  telecommunications services and including an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup.
  Nays,
  none.  Absent or not voting, 1:  Drake.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  GOVERNOR'S APPOINTEES PLACED
  ON EN BLOC CALENDAR

  The following appointees, assigned to standing committees for
  investigation, were placed on the En Bloc Calendar with
  recommendations for confirmation:

  WAYS AND MEANS

  Susan Cosner - Iowa Railway Finance Authority
  Catherine Johnson - Iowa Railway Finance Authority
  AMENDMENTS FILED

  S-5212	S.F.	2253	House
  S-5213	S.F.	2430	Jack Rife
  S-5214	S.F.	2429	Elaine Szymoniak
  S-5215	H.F.	2135	Mary A. Lundby
  S-5216	S.F.	2430	Jerry Behn
  S-5217	S.F.	2430	Lyle E. Zieman
  Eugene Fraise
  S-5218	H.F.	2391	Jeff Angelo
  S-5219	S.F.	2430	Stewart E. Iverson, Jr.
  S-5220	S.F.	2430	Eugene Fraise
  S-5221	S.F.	2430	Dennis H. Black
  Michael W. Connolly
  Tom Flynn
  Joe Bolkcom
  Patricia Harper
  S-5222	S.F.	2430	Dennis H. Black
  Mark Shearer
  John Judge
  Betty A. Soukup
  Patrick J. Deluhery
  Michael W. Connolly
  Tom Flynn
  Joe Bolkcom
  Patricia Harper
  Johnie Hammond
  Robert E. Dvorsky
  Elaine Szymoniak
  Eugene Fraise
  Michael E. Gronstal
  John P. Kibbie
  Dick Dearden
  S-5223	S.F.	2430	Betty A.Soukup
  Eugene Fraise
  Johnie Hammond
  Patricia Harper
  Joe Bolkcom
  Michael W. Connolly
  Tom Flynn
  Mark Shearer
  John Judge
  S-5224	H.F.	723	Mary A. Lundby
  Matt McCoy
  S-5225	H.F.	2477	Jeff Angelo

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:45 p.m.,
  until 9:00 a.m., Thursday, March 23, 2000.
  804	JOURNAL OF THE SENATE	43rd Day
  43rd Day	WEDNESDAY, MARCH 22, 2000	805

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