Senate Journal: Monday, April 3, 2000

  EIGHTY-FIFTH CALENDAR DAY
  FORTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, April 3, 2000

  The Senate met in regular session at 1:15 p.m., President Kramer
  presiding.

  Prayer was offered by Father Paul Weis, pastor of Saint Clement's
  Church of Bankston, Iowa, guest of Senator Flynn.

  The Journal of Thursday, March 30, 2000, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Maddox, until he returns, on request of Senator Angelo; Senator
  McCoy,
  until he arrives, on request of Senator Gronstal; and Senator Zieman, until
  he arrives,
  on request of Senator Schuerer.

  UNFINISHED BUSINESS

  House File 2362

  On motion of Senator Miller, House File 2362, a bill for an act
  relating to the establishment of a domestic abuse death review team
  and providing a penalty, with report of committee recommending
  passage, placed on the Unfinished Business Calendar on March 23,
  2000, was taken up for consideration.

  Senator Miller offered amendment S-5190, filed by him on
  March 21, 2000, to pages 3 and 4 of the bill, and moved its adoption.

  Amendment S-5190 was adopted by a voice vote.
  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?" (H.F. 2362), the vote was:

  Ayes, 46:

  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	McKibben
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rife	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	

  Nays, none.

  Absent or not voting, 4:

  Maddox	McCoy	McKean	Zieman	

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

  UNFINISHED BUSINESS

  House File 2153

  On motion of Senator Fraise, House File 2153, a bill for an act
  relating to drug policy coordination, including establishment of a
  drug policy coordinator, the governor's office of drug control policy,
  and a drug policy advisory council, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on March 23, 2000, was taken up for consideration.

  Senator Bartz took the chair at 1:38 p.m.

  Senator Fraise 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. 2153), 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.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2538.

  House File 2538

  On motion of Senator Freeman, House File 2538, a bill for an act
  relating to and making transportation and other infrastructure-
  related appropriations to the state department of transportation,
  including allocation and use of moneys from the general fund of the
  state, road use tax fund, and primary road fund, and including fees
  for certain registration plates, allowing the department to conduct a
  pilot project, and providing for the nonreversion of certain moneys,
  with report of committee recommending amendment and passage,
  was taken up for consideration.

  Senator McLaren offered amendment S-5307, filed by the
  committee on Appropriations on March 29, 2000, to page 6 and to the
  title page of the bill, and moved its adoption.
  Amendment S-5307 was adopted by a voice vote.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-5228 filed by him on March 23, 2000, to
  page 5 of the bill.

  The Senate stood at ease at 1:47 p.m. until the fall of the gavel for
  the purpose of amendment distribution.

  The Senate resumed session at 1:52 p.m., Senator Bartz presiding.

  Senator Flynn offered amendment S-5321, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-5321 lost by a voice vote.

  Senator Miller offered amendment S-5319, filed by him from the
  floor to page 5 and to the title page of the bill, and moved its
  adoption.

  Amendment S-5319 lost by a voice vote.

  Senator Freeman 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. 2538), 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, as amended, was agreed to.

  UNFINISHED BUSINESS

  House File 2511

  On motion of Senator Drake, 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, with
  report of committee recommending passage, placed on the Unfinished
  Business Calendar on March 23, 2000, was taken up for
  consideration.

  Senator Drake asked and received unanimous consent to withdraw
  amendment S-5206 filed by Senators Drake and Kibbie on March 22,
  2000, striking everything after the enacting clause and to the title
  page of the bill.

  With the withdrawal of amendment S-5206, the Chair ruled
  amendment S-5263, filed by Senators Redfern and King on
  March 28, 2000, to pages 1, 2, and to the title provisions of
  amendment S-5206, out of order.

  President Kramer took the chair at 2:12 p.m.

  Senator Drake offered amendment S-5227, filed by Senators
  Drake and Kibbie on March 23, 2000, striking everything after the
  enacting clause and to the title page of the bill.

  Senator Redfern offered amendment S-5274, filed by Senators
  Redfern and King on March 28, 2000, to pages 1, 2, and to the title
  provisions of amendment S-5227, and asked and received unanimous
  consent that action on amendment S-5274 be deferred.

  Senator Flynn offered amendment S-5243, filed by him on
  March 27, 2000, to pages 1, 2, and to the title provisions of
  amendment S-5227, and asked and received unanimous consent that
  action on amendment S-5243 be deferred.

  Senator Lamberti asked and received unanimous consent to
  withdraw amendment S-5277, filed by him on March 28, 2000, to
  pages 1, 2, and to the title provisions of amendment S-5227.

  Senator Redfern offered amendment S-5306, filed by Senators
  Redfern, King, and Flynn on March 29, 2000, to pages 1, 2, and to the
  title provisions of amendment S-5227, and moved its adoption.

  Amendment S-5306 was adopted by a voice vote.

  With the adoption of amendment S-5306, the Chair ruled the
  following amendments out of order:

  Amendment S-5274, filed by Senators Redfern and King on
  March 28, 2000, to pages 1, 2, and to the title provisions of
  amendment S-5227.
  Amendment S-5243, filed by Senator Flynn on March 27, 2000, to
  pages 1, 2, and to the title provisions of amendment S-5227.

  Senator Drake moved the adoption of amendment S-5227, as
  amended.

  Amendment S-5227 was adopted by a voice vote.

  With the adoption of amendment S-5227, the Chair ruled the
  following amendments out of order:

  Amendment S-5235, filed by Senator Flynn on March 23, 2000, to
  page 1 of the bill;
  Amendment S-5256, filed by Senator Lamberti on March 28, 2000,
  to page 1 and to the title page of the bill; and
  Amendment S-5167, filed by Senators Drake and Kibbie on
  March 6, 2000, to pages 1 and 2 of the bill.
  Senator Drake 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. 2511), the vote was:

  Ayes, 49:

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

  Nays, none.

  Absent or not voting, 1:

  Rife			

  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
  House Files 2153, 2362, 2511, and 2538 be immediately
  messaged to the House.

  HOUSE AMENDMENT CONSIDERED

  Senate File 324

  Senator Jensen called up for consideration Senate File 324, a bill
  for an act relating to certain franchise agreements and the rights and
  responsibilities of the parties under such agreements, amended by
  the House in House amendment S-5185, filed March 21, 2000.
  Senator Gronstal offered amendment S-5322, filed by Senators
  Gronstal and Jensen from the floor to pages 1 and 2 of amendment
  S-5185.

  The Senate stood at ease at 2:29 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 3:43 p.m., Senator Hedge
  presiding.

  President Kramer took the chair at 4:02 p.m.

  Senator Gronstal moved the adoption of amendment S-5322.

  A record roll call was requested.

  On the question "Shall amendment S-5322 be adopted?" (S.F. 324)
  the vote was:

  Ayes, 19:

  Bolkcom	Connolly	Dearden	Deluhery
  Dvorsky	Fraise	Freeman	Gronstal
  Hammond	Hedge	Jensen	Judge
  Miller	Rife	Rittmer	Sexton
  Shearer	Soukup	Szymoniak	

  Nays, 30:

  Angelo	Bartz	Behn	Black
  Boettger	Drake	Fink	Flynn
  Gaskill	Hansen	Harper	Horn
  Iverson	Johnson	Kibbie	King
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McLaren	Redfern
  Redwine	Rehberg	Schuerer	Tinsman
  Veenstra	Zieman	

  Absent or not voting, 1:

  McCoy			

  Amendment S-5322 lost.

  Senator Jensen moved that the Senate concur in the House
  amendment.
  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy, until he returns, on request of Senator Gronstal.

  BUSINESS PENDING

  Senate File 324

  The Senate resumed consideration of Senate File 324.

  Senator Jensen moved that the bill, as amended by the House and
  concurred in by the Senate, be read the last time now and placed
  upon its passage, which motion prevailed by a voice vote, and the bill
  was read the last time.

  On the question "Shall the bill pass?" (S.F. 324), the vote was:

  Ayes, 44:

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

  Nays, 5:

  Fraise	Hansen	Maddox	Rife
  Shearer	

  Absent or not voting, 1:

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

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2533.

  House File 2533

  On motion of Senator Tinsman, House File 2533, a bill for an act
  appropriating federal funds made available from federal block grants
  and other federal grants, allocating portions of federal block grants,
  and providing procedures if federal funds are more or less than
  anticipated or if federal block grants are more or less than
  anticipated and providing an effective date, with report of committee
  recommending amendment and passage, was taken up for
  consideration.

  Senator McLaren offered amendment S-5308, filed by the
  committee on Appropriations on March 29, 2000, to pages 9, 22, and
  25 of the bill, and moved its adoption.

  Amendment S-5308 was adopted by a voice vote.

  Senator Tinsman offered amendment S-5317, filed by her from the
  floor to page 21 of the bill, and moved its adoption.

  Amendment S-5317 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (H.F. 2533), the vote was:

  Ayes, 49:

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

  Nays, none.

  Absent or not voting, 1:

  McCoy			

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

  HOUSE AMENDMENT CONSIDERED

  Senate File 2348

  Senator King called up for consideration Senate File 2348, a bill
  for an act relating to the loess hills development and conservation
  authority by creating a hungry canyons alliance and providing
  membership guidelines for board of directors of the conservation
  authority and loess hills alliance, amended by the House in House
  amendment S-5248, filed March 27, 2000.

  Senator King offered amendment S-5304, filed by him on
  March 29, 2000, to page 1 of House amendment S-5248.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-5304 to House amendment S-5248, House
  amendment S-5248, and Senate File 2348 be deferred.

  UNFINISHED BUSINESS

  House File 2463

  On motion of Senator Rittmer, 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, with report of committee recommending
  amendment and passage, placed on the Unfinished Business
  Calendar on March 23, 2000, was taken up for consideration.

  Senator Rittmer offered amendment S-5173, filed by the
  committee on State Government on March 20, 2000, to pages 2 and 5
  of the bill, and moved its adoption.

  Amendment S-5173 was adopted by a voice vote.

  Senator Rittmer offered amendment S-5328, filed him from the
  floor to page 15 of the bill, and moved its adoption.

  Amendment S-5328 was adopted by a voice vote.

  Senator Szymoniak offered amendment S-5296, filed by her on
  March 28, 2000, to page 15 of the bill, and moved its adoption.

  Amendment S-5296 was adopted by a voice vote.

  Senator Rittmer 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. 2463), the vote was:

  Ayes, 49:

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

  Nays, none.
  Absent or not voting, 1:

  McCoy			

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

  UNFINISHED BUSINESS
  (Deferred March 28, 2000)

  House File 2198

  The Senate resumed consideration of House File 2198, a bill for
  an act directing the department of education to conduct a feasibility
  study of reorganization and sharing incentives for school districts,
  and amendment S-5135, deferred March 28, 2000.

  Senator Connolly offered amendment S-5288, filed by Senators
  Connolly, Kibbie, and Harper on March 28, 2000, to page 1 and to the
  title provisions of amendment S-5135.

  Senator Redfern raised the point of order that amendment S-5288
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-5288 out
  of order.

  Senator Rehberg offered amendment S-5320, filed by her from the
  floor to page 1 of amendment S-5135, and moved its adoption.

  Amendment S-5320 was adopted by a voice vote.

  Senator Redfern moved the adoption of amendment S-5135, as
  amended.

  Amendment S-5135 was adopted by a voice vote.

  With the adoption of amendment S-5135, the Chair ruled
  amendment S-5289, filed by Senators Connolly, Kibbie, and Harper
  on March 28, 2000, to page 1 and to the title page of the bill, out of
  order.
  Senator Rehberg asked and received unanimous consent to
  withdraw amendment S-5057 filed by her on March 2, 2000, to
  page 1 and to the title page of the bill.

  Senator Dvorsky offered amendment S-5142, filed by him on
  March 14, 2000, to page 1 of the bill, and moved its adoption.

  Amendment S-5142 was adopted by a voice vote.

  Senator Rehberg asked and received unanimous consent to
  withdraw amendment S-5261 filed by her on March 28, 2000, to
  page 1 of the bill.

  Senator Rehberg asked and received unanimous consent to
  withdraw amendment S-5262 filed by her on March 28, 2000, to
  page 1 of the bill.

  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?" (H.F. 2198), the vote was:

  Ayes, 46:

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

  Nays, 3:

  Connolly	Schuerer	Shearer	

  Absent or not voting, 1:

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

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2431.

  Senate File 2431

  On motion of Senator Johnson, Senate File 2431, 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, was taken up for
  consideration.

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

  On the question "Shall the bill pass?" (S.F. 2431), 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	McLaren	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Veenstra	Zieman	

  Nays, 1:

  Tinsman	

  Absent or not voting, 1:

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 2198, 2463, 2533, and Senate File 2431 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 30, 2000, passed the following bill in which the
  concurrence of
  the Senate is asked:

  House File 2540, a bill for an act relating to economic
  development programs and related tax credits.

  Read first time and referred to committee on Ways and Means.

  ALSO:  That the House has on March 30, 2000, concurred in the Senate
  amendment and passed the following bill in which the concurrence of the
  House was
  asked:

  House File 2135, a bill for an act relating to the designated date
  of withholding of support by payors of income and providing an
  effective date.

  ALSO:  That the House has on March 30, 2000, passed the following bills in
  which
  the concurrence of the House was asked:

  Senate File 2047, a bill for an act relating to the powers and
  duties of county officers with respect to county warrants.

  Senate File 2158, a bill for an act relating to the limitation on
  deposits which may be held by a depository institution or holding
  company and establishment of a procedure for determining
  compliance with such limitation, providing for the Act's applicability,
  and providing an effective date.
  ALSO:  That the House has on March 30, 2000, amended and passed the
  following
  bills in which the concurrence of the Senate is asked:

  Senate File 2092, a bill for an act relating to statutory corrections
  which may adjust language to reflect current practices, insert earlier
  omissions, delete redundancies and inaccuracies, delete temporary
  language, resolve inconsistencies and conflicts, update ongoing
  provisions, or remove ambiguities and providing effective dates.
  (S-5315)

  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.(S-5316)

  Senate File 2366, a bill for an act relating to the purchase,
  possession, and sale of cigarettes and tobacco products and providing
  penalties.(S-5314)

  ALSO:  That the House has on April 3, 2000, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 2550, a bill for an act relating to the Iowa educational
  savings plan trust and providing an effective date.

  Read first time and referred to committee on Ways and Means.

  ALSO:  That the House has on April 3, 2000, passed the following bills in
  which the
  concurrence of the House was asked:

  Senate File 421, a bill for an act to extend the jurisdiction of the
  juvenile court to include adoption and termination of parental rights
  proceedings.

  Senate File 2141, a bill for an act creating a merchant marine
  bonus fund and making an appropriation.

  Senate File 2146, a bill for an act relating to the appearance in
  court and the release from custody of certain criminal defendants.

  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.

  Senate File 2294, a bill for an act relating to payment of
  education costs for certain juvenile facilities and providing an
  effective date.

  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.

  Senate File 2324, a bill for an act relating to DNA profiling.

  Senate File 2342, a bill for an act relating to the creation of a real
  estate improvement district.

  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.

  Senate File 2416, a bill for an act relating to energy conservation
  including making appropriations of petroleum overcharge funds.

  Senate File 2420, a bill for an act relating to the administration
  and enforcement of the replacement tax imposed on the generation,
  transmission, and delivery, consumption, and use of electricity and
  natural gas, providing for the Act's retroactive applicability, and
  providing an effective date.

  ALSO:  That the House has on April 3, 2000, concurred in the Senate
  amendment
  to the House amendment, and passed the following bills in which the
  concurrence of
  the House was asked:

  Senate File 2254, a bill for an act relating to child support
  including medical support and payment of costs to financial
  institutions for data matching and automation program development.

  Senate File 2308, a bill for an act relating to harassment via
  electronic communications and making penalties applicable.
  ALSO:  That the House has on April 3, 2000, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 2249, a bill for an act relating to a state agency
  purchasing preference for bio-based hydraulic fluids, greases, and
  other industrial lubricants.(S-5330)

  Senate File 2418, a bill for an act relating to certification of
  property taxes by townships and providing an effective date.(S-5329)
  APPENDIX

  REPORT OF COMMITTEE MEETING

  WAYS AND MEANS

  Convened:  March 30, 2000, 11:46 a.m.

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

  Members Absent:  None.

  Committee Business:  Passed SFs 2217, 2295, 2353, and HF 2542.

  Adjourned:  12:48 p.m.

  BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT:  The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  3rd day
  of April, 2000:

  Senate Files 2031, 2156, 2200, 2315, and 2349.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on March 30,
  2000, the Governor approved and transmitted to the Secretary of
  State the following bills:

  S.F. 2061 - Relating to the registration and licensing duties of the county
  recorder
  and providing for other properly related matters.

  S.F. 2266 - Relating to the department of public defense by changing the
  number
  and qualifications of general officers in the Iowa national guard and
  increasing the
  membership of the emergency response commission and providing an effective
  date.

  S.F. 2372 - 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.

  S.F. 2388 - Relating to the filing of reports with the secretary of state by
  corporate
  entities.

  S.F. 2409 - 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:

  A communication was received announcing that on March 31,
  2000, the Governor approved and transmitted to the Secretary of
  State the following bills:

  S.F. 174 - Changing a Code reference to the Iowa association of community
  providers and providing an effective date.

  S.F. 2015 - Relating to the enhanced criminal penalties associated with
  sexually
  predatory offenses and providing an effective date.

  S.F. 2036 - To repeal the upper Mississippi riverway compact.

  S.F. 2212 - Concerning the administration of clerk of court offices.

  S.F. 2215 - Striking a mandatory leave of absence for a civil service
  officer or
  employee, or a deputy sheriff who is a candidate for partisan public office,
  and
  providing an effective date.

  GOVERNOR'S VETO MESSAGE

  March 30, 2000

  The Honorable Chester Culver
  Secretary of State
  State Capitol Building
  L O C A L

  Dear Mr. Secretary:

  I hereby transmit Senate File 2203, an Act relating to assignment of
  benefits under
  an insurance policy or contract, or health benefit plan to the provider of
  health care
  services.

  I am unable to approve SF 2203 and hereby transmit it to you in accordance
  with
  Article III, Section 16, of the Constitution of the State of Iowa.
  Senate File 2203 requires health insurance carriers and organized delivery
  systems
  (ODS) to accept written assignment of benefits from individuals covered
  under health
  benefit contracts.  This assignment provides payment of benefits directly
  from the
  carrier or ODS to the health care provider.

  There are distinct, competing views of the impact of this legislation.  The
  proponent
  groups, which include physician and hospital associations, contend the bill
  provides
  consumer choice and efficiency in the billing process.  The opponent groups,
  which
  include insurers, labor organizations, and Iowa Farm Bureau, contend the
  bill will
  increase cost to consumers and will cause consumers to be balance billed -
  having to
  pay the difference between the total provider bill and the amount covered by
  insurance.

  I appreciate and support the need to improve efficiency and to ease the
  burden on
  consumers of dealing with what can be a very confusing billing process.  I
  am, however,
  concerned about the cost increases that consumers could experience and the
  potential
  increased burden to taxpayers.  I believe, based upon the information I have
  been
  provided, the potential cost of this bill outweighs the benefits of the
  billing efficiencies.

  I have reviewed information received from other states that have enacted
  legislation similar to SF 2203.  While that information is not conclusive,
  the potential
  adverse fiscal impact is troublesome.  It could also negatively impact a
  consumer's
  ability to access health care due to lack of adequate provider networks.

  I have also reviewed the fiscal note developed by the Legislative Fiscal
  Bureau as
  well as information developed by the Iowa Department of Management.  The
  fiscal
  note states that the fiscal impact on the state can not be determined due to
  a lack of
  sufficient information and concludes that the bill could encourage state
  employees to
  access providers outside of a network at a possible higher cost.  The
  Department of
  Management states that it is difficult to estimate the fiscal impact since
  it is unknown
  whether or not providers will continue their current contractual
  arrangements.  It's
  unfortunate that legislators did not consider or discuss with me prior to
  passing this
  legislation the potential fiscal impact to the state budget.

  Considering the demands on the general fund and the lack of information that
  can
  more accurately define the financial risk for both taxpayers and for
  consumers, it
  would not be prudent of me to sign this legislation.   I want to acknowledge
  the efforts
  that parties on both sides of this bill have made the past few days to craft
  a solution to
  the above mentioned concerns.  I remain open to discussing or reviewing
  legislation
  that will address the need for a more efficient billing system, would
  provide for a more
  equitable balance in the negotiation process between insurers and providers,
  and
  would eliminate the potential risks for consumers and the state budget.

  For the above reasons, I hereby respectfully disapprove Senate File 2203.


  Sincerely,
  THOMAS J. VILSACK
  Governor
  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 112, by Drake, a concurrent
  resolution establishing a special commission to study and make
  recommendations concerning the impact of current and future state
  replacement funds paid to local governments to mitigate the effects of
  the elimination of the property tax on industrial machinery,
  equipment, and computers.

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

  INTRODUCTION OF BILLS

  Senate File 2440, by committee on Ways and Means, a bill for an
  act relating to the title guaranty program, mortgage release
  certificates, and the issuance of closing protection letters by the Iowa
  finance authority.

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

  Senate File 2441, by committee on Ways and Means, a bill for an
  act relating to the transferability of the investment tax credit under
  the new jobs and income program and including an effective date and
  applicability provision.

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

  Senate File 2442, by committee on Ways and Means, a bill for an
  act relating to the taxation of garages and other appurtenances
  located on mobile home sites.

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

  STUDY BILL RECEIVED

  SSB 3225	Ways and Means

  Relating to the taxtion of property used by the Iowa national
  guard.
  SUBCOMMITTEE ASSIGNMENTS

  House File 2540

  WAYS AND MEANS:  McKibben, Chair; Harper and Lamberti

  House File 2552

  APPROPRIATIONS:  Maddox, Chair; Dvorsky and McLaren

  House File 2554

  APPROPRIATIONS:  Maddox, Chair; Dvorsky and McLaren

  SSB 3225

  WAYS AND MEANS:  Johnson, Chair; Harper and McKibben

  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action:  *SENATE FILE 2440 (Formerly SF 2295), a bill for an act
  relating
  to the title guaranty program, mortgage release certificates, and the
  issuance of closing
  protection letters by the Iowa finance authority.

  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.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Ways and Means Committee on Senate File 2440,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 2441 (Formerly SF 2353), a bill for an act
  relating
  to the transferability of the investment tax credit under the new jobs and
  income
  program and including an effective date and applicability 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.
  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Ways and Means Committee on Senate File 2441,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 2442 (Formerly SF 2217), a bill for an act
  relating
  to the taxation of garages and other appurtenances located on mobile home
  sites.

  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.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Ways and Means Committee on Senate File 2442,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  HOUSE FILE 2542 (Formerly HF 2338), a bill for an act
  relating
  to distributions made to and income from missing property of certain
  persecuted
  victims of World War II and their heirs, including effective and retroactive
  applicability dates.

  Recommendation:  DO PASS.

  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.

  MOTIONS TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 324
  passed the Senate on April 3, 2000.

  RICHARD F. DRAKE

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-5185
  to Senate File 324 was adopted by the Senate on April 3, 2000.

  MICHAEL E. GRONSTAL

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 324
  passed the Senate on April 3, 2000.

  MICHAEL E. GRONSTAL
  AMENDMENTS FILED

  S-5314	S.F.	2366	House
  S-5315	S.F.	2092	House
  S-5316	S.F.	2214	House
  S-5317	H.F.	2533	Maggie Tinsman
  S-5318	H.F.	2491	Ken Veenstra
  John P. Kibbie
  S-5319	H.F.	2538	David Miller
  S-5320	H.F.	2198	Kitty Rehberg
  S-5321	H.F.	2538	Tom Flynn
  S-5322	S.F.	324	Michael E. Gronstal
  John W. Jensen
  S-5323	H.F.	2502	Merlin E. Bartz
  S-5324	S.F.	2436	John W. Jensen
  Tom Flynn
  John Judge
  E. Thurman Gaskill
  Gene Maddox
  Betty A. Soukup
  S-5325	S.F.	2432	Larry McKibben
  S-5326	H.F.	2519	Robert E. Dvorsky
  Jeff Angelo
  S-5327	H.F.	2429	Larry McKibben
  S-5328	H.F.	2463	Sheldon Rittmer
  S-5329	S.F.	2418	House
  S-5330	S.F.	2249	House
  S-5331	S.F.	2371	Merlin E. Bartz

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:53 p.m.,
  until 9:00 a.m., Tuesday, April 4, 2000.

  960	JOURNAL OF THE SENATE	49th Day
  49th Day	MONDAY, APRIL 3, 2000	959

© 2000 Cornell College and League of Women Voters of Iowa

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