Senate Journal: Thursday, April 13, 2000

  NINETY-FIFTH CALENDAR DAY
  FIFTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, April 13, 2000

  The Senate met in regular session at 9:18 a.m., President Kramer
  presiding.

  Prayer was offered by Father James Miller, pastor of St. Mary's
  Church of Waverly, Iowa, guest of Senator Jensen.

  The Journal of Wednesday, April 12, 2000, was approved.

  QUORUM CALL

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

  The vote revealed 47 present, 3 absent, and a quorum present.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 2548.

  House File 2548

  On motion of Senator Lamberti, House File 2548, a bill for an act
  relating to the administration of the tax and related laws by the
  department of revenue and finance, including administration of state
  individual income, corporate income, sales and use, hotel and motel,
  real estate transfer, environmental protection charge on petroleum
  diminution, property, motor fuel, special fuel, cigarette and tobacco
  products, and inheritance taxes, treatment of motor fuel under the
  local option taxes, and authorizing tax agreements with Indian
  tribes, and including effective and retroactive applicability date
  provisions, with report of committee recommending amendment and
  passage, was taken up for consideration.

  Senator Lamberti offered amendment S-5348, filed by the
  committee on Ways and Means on April 5, 2000, to pages 2, 17, and
  19-22, and called for a division:

  Lines 1-37 and 42-49 as division S-5348A; and

  Lines 38-41 as division S-5348B.

  Senator Bolkcom asked and received unanimous consent that
  action on divisions S-5348A and S-5348B and House File 2548 be
  deferred.

  UNFINISHED BUSINESS

  House File 2378

  On motion of Senator Gaskill, House File 2378, a bill for an act
  relating to requirements of and authorizations for schools and area
  education agencies, and providing an effective date, with report of
  committee recommending passage, placed on the Unfinished
  Business Calendar on March 23, 2000, was taken up for
  consideration.

  Senator Tinsman offered amendment S-5259, filed by Senators
  Tinsman and Gaskill on March 28, 2000, to page 1 of the bill, and
  moved its adoption.

  Amendment S-5259 was adopted by a voice vote.

  Senator Flynn offered amendment S-5264, filed by Senators
  Flynn, et al., on March 28, 2000, to page 1 of the bill, and moved its
  adoption.

  Amendment S-5264 was adopted by a voice vote.
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Deluhery, until he returns, on request of Senator Fraise; and
  Senator
  Hammond, until she returns, on request of Senator Flynn.

  BUSINESS PENDING

  House File 2378

  The Senate resumed consideration of House File 2378.

  Senator Schuerer offered amendment S-5303, filed by Senators
  Schuerer and Kibbie on March 29, 2000, to pages 2-5 of the bill,
  moved its adoption, and requested a record roll call.

  On the question "Shall amendment S-5303 be adopted?"
  (H.F. 2378) the vote was:

  Ayes, 23:

  Angelo	Bartz	Behn	Fink
  Fraise	Freeman	Gaskill	Gronstal
  Hedge	Horn	Jensen	Johnson
  Kibbie	King	Lamberti	Lundby
  Maddox	Miller	Rife	Schuerer
  Sexton	Veenstra	Zieman	

  Nays, 23:

  Black	Boettger	Bolkcom	Connolly
  Dearden	Drake	Dvorsky	Flynn
  Hansen	Harper	Iverson	Judge
  Kramer	McKean	McKibben	Redfern
  Redwine	Rehberg	Rittmer	Shearer
  Soukup	Szymoniak	Tinsman	

  Absent or not voting, 4:

  Deluhery	Hammond	McCoy	McLaren	

  Amendment S-5303 lost.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-5174 filed by him on March 20, 2000, to
  page 3 of the bill.
  Senator Gaskill offered amendment S-5402, filed by him from the
  floor to pages 3 and 5 of the bill, and moved its adoption.

  Amendment S-5402 was adopted by a voice vote.

  Senator Gaskill offered amendment S-5403, filed by him from the
  floor to pages 3, 5, and to the title page of the bill.

  The Chair called for the following division:

  Lines 1-2 and 5-7 as division S-5403A; and

  Lines 3 and 4 as division S-5403B.

  Senator Gaskill asked and received unanimous consent to
  withdraw division S-5403B.

  Senator Gaskill moved the adoption of division S-5403A.

  Division S-5403A was adopted by a voice vote.

  Senator Lamberti asked and received unanimous consent that
  action on House File 2378 be deferred.

  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 April 12, 2000, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 466, a bill for an act relating to the remediation of
  agrichemical sites, providing for fees, and providing for the repeal of
  a section relating to cleanup prioritization.(S-5398)

  ALSO:  That the House has on April 13, 2000, adopted the following
  resolutions in
  which the concurrence of the Senate is asked:

  House Joint Resolution 2014, a joint resolution authorizing the
  temporary use and consumption of wine in the State Capitol in
  conjunction with the awards ceremony of the World Food Prize
  Foundation.

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

  House Concurrent Resolution 121, a concurrent resolution to
  urge and petition the United States Department of Agriculture to
  make lands which are under the conservation reserve program
  eligible for grazing by livestock.

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

  ALSO:  I am directed to inform your honorable body that the members of the
  Conference Committee, appointed April 13, 2000, on House File 711, a bill
  for an act
  concerning the imposition of a drug abuse resistance education surcharge for
  criminal
  alcohol beverage control offenses, on the part of the House are:  The
  Representative
  from Black Hawk, Representative Jager, Chair; the Representative from Adair,
  Representative Baudler; the Representative from Jasper, Representative Bell;
  the
  Representative from Wapello, Representative Davis; and the Representative
  from
  Warren, Representative Richardson.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:36 a.m.,
  until 1:00 p.m.
  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:

  April 13, 2000

  STATE LIBRARY OF IOWA

  Iowa Public Library Statistics for 1998-1999.

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:

  Students from Westwood Elementary School, Ankeny.  Senator
  Lamberti.

  REPORT OF COMMITTEE MEETING

  APPROPRIATIONS

  Convened:  April 12, 2000, 2:00 p.m.

  Members Present:  McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge,
  Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg,
  Rife,
  Schuerer, Soukup, and Tinsman.

  Members Absent:  None.

  Committee Business:  Approved SSBs 3230 (as amended) and 3231 (as amended).

  Recessed:  3:40 p.m.

  Reconvened:  3:55 p.m.

  Adjourned:  5:40 p.m.
  RESOLUTION ASSIGNED TO COMMITTEE

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

  S.C.R.	118	Rules and Administration

  INTRODUCTION OF BILL

  Senate File 2453, by committee on Appropriations, a bill for an
  act relating to and making appropriations from the rebuild Iowa
  infrastructure fund to state departments and agencies, including the
  department for the blind, the department of corrections, the
  department of cultural affairs, the department of economic
  development, the department of general services, the judicial branch,
  the department of public safety, the state board of regents, the state
  department of transportation, the office of treasurer of state, and the
  commission of veterans affairs, creating an environment first fund
  and making appropriations from that fund for environmental
  purposes, making related Code language changes, and providing
  effective dates.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  SUBCOMMITTEE ASSIGNMENT

  House File 2561

  WAYS AND MEANS:  Hedge, Chair; Flynn and Johnson

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 2453 (SSB 3230), a bill for an act relating
  to and
  making appropriations from the rebuild Iowa infrastructure fund to state
  departments
  and agencies, including the department for the blind, the department of
  corrections,
  the department of cultural affairs, the department of economic development,
  the
  department of general services, the judicial branch, the department of
  public safety,
  the state board of regents, the state department of transportation, the
  office of
  treasurer of state, and the commission of veterans affairs, creating an
  environment
  first fund and making appropriations from that fund for environmental
  purposes,
  making related Code language changes, and providing effective dates.
  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 16:  McLaren, Kramer, Behn, Connolly, Freeman, Hedge,
  Jensen,
  Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Rife, Schuerer, and
  Tinsman.
  Nays, 9:  Flynn, Black, Bolkcom, Deluhery, Dvorsky, Hammond, Horn, McCoy,
  and
  Soukup.  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 Appropriations Committee on Senate File 2453,
  and
  they were attached to the committee report.

  MOTION TO RECONSIDER

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-5303
  to House File 2378 failed to be adopted by the Senate on April 13, 2000.

  KITTY REHBERG

  AMENDMENTS FILED

  S-5398	S.F.	466	House
  S-5399	S.F.	2449	Michael W. Connolly
  S-5400	S.F.	2450	Robert E. Dvorsky
  Eugene Fraise
  Dick Dearden
  S-5401	H.F.	2548	Joe Bolkcom
  S-5402	H.F.	2378	E. Thurman Gaskill
  S-5403	H.F.	2378	E. Thurman Gaskill
  S-5404	S.F.	2448	Merlin E. Bartz
  S-5405	S.F.	2448	Merlin E. Bartz
  S-5406	H.F.	2378	Jeff Lamberti
  S-5407	S.F.	2450	Robert E. Dvorsky
  Joe Bolkcom
  Johnie Hammond
  S-5408	H.F.	2548	Joe Bolkcom
  S-5409	H.F.	2548	Joe Bolkcom
  AFTERNOON SESSION

  The Senate reconvened at 1:16 p.m., Senator Hedge presiding.

  QUORUM CALL

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

  The vote revealed 38 present, 12 absent, and a quorum present.

  The Senate stood at ease at 1:26 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 2:37 p.m., Senator Boettger
  presiding.

  SPECIAL GUESTS

  Senator Black introduced Daryl Branch, a Political Science
  graduate student at Drake University, and Andrea Hertermann from
  the University of Heidelburg, Germany.

  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 723

  Senator Miller called up for consideration House File 723, a bill
  for an act prohibiting the mistreatment of persons and animals and
  providing for penalties, amended by the Senate, further amended by
  the House, and moved that the Senate concur in House amendment
  S-5390 to Senate amendment H-8746, filed April 12, 2000.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment to the Senate amendment.

  Senator Miller moved that the bill, as amended by the Senate,
  further 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?" (H.F. 723), 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	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 723 be immediately messaged to the House.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration House Concurrent Resolution 118.

  House Concurrent Resolution 118

  On motion of Senator Iverson, House Concurrent Resolution 118,
  a concurrent resolution requesting the office of the attorney general
  to establish an operating while intoxicated (OWI) task force to review
  the clarity, complexity, and functionality of current operating while
  intoxicated Code provisions and to make recommendations to the
  general assembly, with report of committee recommending passage,
  was taken up for consideration.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 118, which motion prevailed by a voice vote.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Concurrent Resolution 115.

  Senate Concurrent Resolution 115

  On motion of Senator Iverson, Senate Concurrent Resolution 115,
  a concurrent resolution requesting the state department of
  transportation to review federal outdoor advertising bonus program
  restrictions on signing and advertising adjacent to the interstate
  highway system and to make recommendations to the general
  assembly, with report of committee recommending passage, was
  taken up for consideration.

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 119 be substituted for Senate
  Concurrent Resolution 115.

  House Concurrent Resolution 119

  On motion of Senator Iverson, House Concurrent Resolution 119,
  a concurrent resolution requesting the state department of
  transportation to review federal outdoor advertising bonus program
  restrictions on signing and advertising adjacent to the interstate
  highway system and to make recommendations to the general
  assembly, was taken up for consideration.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 119, which motion prevailed by a voice vote.
  WITHDRAWN

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 115 be withdrawn from further
  consideration of the Senate.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Shearer, until he returns, on request of Senator Dvorsky; and
  Senator
  Lundby, until she returns, on request of Senator Hedge.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2313

  Senator McKean called up for consideration Senate File 2313, a
  bill for an act relating to motor vehicles, including driver licensing,
  the use of child restraints and safety belts for children, and the
  designation of vehicles as authorized emergency vehicles, making a
  penalty applicable, and providing an effective date, amended by the
  House, and moved that the Senate concur in House amendment
  S-5352, filed April 5, 2000.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator McKean 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. 2313), 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	Lamberti	Maddox	McCoy
  McKean	McKibben	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Sexton	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Lundby	McLaren	Shearer

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

  IMMEDIATELY MESSAGED

  Senator Hedge asked and received unanimous consent that
  Senate File 2313 be immediately messaged to the House.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Redwine, until he returns, on request of Senator McKean.

  BUSINESS PENDING

  House File 2378

  The Senate resumed consideration of House File 2378, a bill for
  an act relating to requirements of and authorizations for schools and
  area education agencies, and providing an effective date, previously
  deferred.

  Senator Lamberti asked and received unanimous consent to
  withdraw amendment S-5406, filed by him from the floor to page 3 of
  the bill.

  MOTION TO RECONSIDER ADOPTED

  Senator Rehberg called up the motion to reconsider the vote by
  which amendment S-5303 to House File 2378 failed to be adopted by
  the Senate on April 13, 2000, filed by her on April 13, 2000, found on
  page 1142 of the Senate Journal, and moved its adoption.

  A record roll call was requested.

  On the question "Shall the motion to reconsider amendment
  S-5303 be adopted?" (H.F. 2378) the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 24:

  Angelo	Bartz	Behn	Boettger
  Deluhery	Drake	Fink	Fraise
  Freeman	Gaskill	Hansen	Hedge
  Horn	Jensen	Kibbie	King
  Lundby	Miller	Rehberg	Rife
  Schuerer	Sexton	Veenstra	Zieman	

  Nays, 23:

  Black	Bolkcom	Connolly	Dearden
  Dvorsky	Flynn	Gronstal	Hammond
  Harper	Iverson	Johnson	Judge
  Kramer	Lamberti	Maddox	McCoy
  McKean	McKibben	Redfern	Rittmer
  Soukup	Szymoniak	Tinsman	

  Absent or not voting, 3:

  McLaren	Redwine	Shearer		

  The motion prevailed and amendment S-5303 by Senators
  Schuerer and Kibbie to pages 2-5 of the bill, was taken up for
  reconsideration.

  Senator Schuerer moved the adoption of amendment S-5303 and
  requested a record roll call.

  On the question "Shall amendment S-5303 be adopted?"
  (H.F. 2378) the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.
  Ayes, 27:

  Angelo	Bartz	Behn	Black
  Boettger	Fink	Fraise	Freeman
  Gaskill	Gronstal	Hedge	Horn
  Jensen	Johnson	Kibbie	King
  Lamberti	Lundby	Maddox	McKibben
  Miller	Rehberg	Rife	Schuerer
  Sexton	Veenstra	Zieman	

  Nays, 22:

  Bolkcom	Connolly	Dearden	Deluhery
  Drake	Dvorsky	Flynn	Hammond
  Hansen	Harper	Iverson	Judge
  Kramer	McCoy	McKean	Redfern
  Redwine	Rittmer	Shearer	Soukup
  Szymoniak	Tinsman	

  Absent or not voting, 1:

  McLaren			

  Amendment S-5303 was adopted.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator McLaren, until he arrives, on request of Senator Bartz; and Senators
  Iverson and Kramer, until they return, on request of Senator Hedge.

  BUSINESS PENDING

  House File 2378

  The Senate resumed consideration of House File 2378.

  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. 2378), 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	Jensen	Johnson
  Judge	Kibbie	King	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKibben	Miller	Redfern	Redwine
  Rehberg	Rife	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Iverson	Kramer	McLaren		

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

  RECESS

  On motion of Senator Hedge, the Senate recessed at 3:47 p.m.,
  until the fall of the gavel.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  HUMAN RESOURCES

  Convened:  April 12, 2000, 10:04 a.m.

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

  Members Absent:  Shearer (excused).

  Committee Business:  Passed SF 2449, as amended.

  Recessed:  11:08 a.m.

  Reconvened:  April 13, 2000, 10:45 a.m.

  Adjourned:  11:04 a.m.

  WAYS AND MEANS

  Convened:  April 13, 2000, 11:15 a.m.

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

  Members Absent:  McLaren (excused).

  Committee Business:  Passed HFs 2540 (as amended) and 2561.

  Adjourned:  11:55 a.m.

  STUDY BILLS RECEIVED

  SSB 3232	Appropriations

  Relating to and making appropriations from the tobacco
  settlement fund.

  SSB 3233	Ways and Means

  Relating to an alternative method of computing the research
  activities credit for purposes of state income tax and including a
  retroactive applicability date provision.
  SUBCOMMITTEE ASSIGNMENTS

  SSB 3232

  APPROPRIATIONS:  Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman

  SSB 3233

  WAYS AND MEANS:  McKibben, Chair; Flynn and Johnson

  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate Chamber on
  April 13, 2000, when the vote was taken on the motion to reconsider
  amendment
  S-5303 to House File 2378.  Had I been present, I would have voted "Nay."

  JOHN REDWINE

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 13, 2000,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 428 - Relating to the authority of cities and counties to adopt rent
  control
  ordinances.

  S.F. 2047 - Relating to the powers and duties of county officers with
  respect to
  county warrants.

  S.F. 2253 - 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.F. 2326 - Relating to funding of certain household hazardous material
  collection
  efforts and events.

  S.F. 2342 - Relating to the creation of a real estate improvement district.

  S.F. 2368 - Relating to the family investment program and associated
  provisions.

  AMENDMENTS FILED

  S-5410	S.F.	2448	Merlin E. Bartz
  S-5411	S.F.	2452	Richard F. Drake
  John P. Kibbie
  S-5412	H.F.	2548	Joe Bolkcom
  RECONVENED

  The Senate reconvened at 4:49 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 38 present, 12 absent, and a quorum present.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolutions 118, 119, and House File 2378 be
  immediately messaged to the House.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 103.

  Senate Resolution 103

  On motion of Senator Freeman, Senate Resolution 103, a
  resolution honoring native Iowan and St. Louis Rams offensive
  lineman Adam Timmerman, with report of committee recommending
  passage, was taken up for consideration.

  Senator Freeman moved the adoption of Senate Resolution 103,
  which motion prevailed by a voice vote.

  CONSIDERATION OF RESOLUTIONS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 117 and Senate
  Concurrent Resolution 117.
  Senate Resolution 117

  On motion of Senator Szymoniak, Senate Resolution 117, a
  resolution congratulating the Drake Women's Basketball Team, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Szymoniak moved the adoption of Senate Resolution 117,
  which motion prevailed by a voice vote.

  Senate Concurrent Resolution 117

  On motion of Senator Dvorsky, Senate Concurrent
  Resolution 117, a concurrent resolution relating to racist activities
  intended to harass students and faculty at the University of Iowa,
  with report of committee recommending passage, was taken up for
  consideration.

  Senator Dvorsky moved the adoption of Senate Concurrent
  Resolution 117, which motion prevailed by a voice vote.

  UNFINISHED BUSINESS
  (Deferred April 12, 2000)

  Senate File 2448

  The Senate resumed consideration of Senate File 2448, a bill for
  an act establishing a health enhancement and value-added energy
  initiative, providing for revenues, the expenditure of moneys, and
  providing for penalties, deferred April 12, 2000.

  MOTION TO RECONSIDER LOST

  Senator Bartz called up the motion to reconsider the vote by which
  amendment S-5388 to Senate File 2448 was adopted by the Senate
  on April 12, 2000, filed by him on April 12, 2000, found on page 1133
  of the Senate Journal.

  The Senate stood at ease at 5:23 p.m. until the fall of the gavel for
  the purpose of party caucuses.
  The Senate resumed session at 6:08 p.m., President Kramer
  presiding.

  Senator Bartz moved the motion to reconsider amendment S-5388
  and requested a record roll call.

  On the question "Shall the motion to reconsider amendment
  S-5388 be adopted?" (S.F. 2448) the vote was:

  Ayes, 22:

  Bartz	Behn	Boettger	Drake
  Dvorsky	Fink	Flynn	Fraise
  Freeman	Harper	Horn	Iverson
  Jensen	Judge	Kibbie	King
  McKean	Miller	Rehberg	Rife
  Schuerer	Szymoniak	

  Nays, 27:

  Angelo	Black	Bolkcom	Connolly
  Dearden	Deluhery	Gaskill	Gronstal
  Hammond	Hansen	Hedge	Johnson
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKibben	Redfern	Redwine
  Rittmer	Sexton	Shearer	Soukup
  Tinsman	Veenstra	Zieman	

  Absent or not voting, 1:

  McLaren			

  The motion lost.

  Senator Kibbie asked and received unanimous consent that action
  on Senate File 2448 be deferred.

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS

  In accordance with Senate Rule 59, Senator Iverson called up the
  following eligible appointees on the En Bloc Confirmation Calendar:

  Joyce McGlory, Commission on the Status of African-Americans

  Timothy Galm, Agricultural Development Authority
  George Price, Board of Dietetic Examiners

  John Krogh, Iowa Emergency Response Commission

  Susan Long, Engineering and Land Surveying Examining Board

  Barry Cleveland, Healthy and Well Kids in Iowa (HAWK-I) Board

  David Biehl, Landscape Architectural Examining Board

  Barbara Scheetz, Board of Optometry Examiners

  William Connet, Board of Physician Assistant Examiners

  William Niedert, State Board for Respiratory Care

  Theresa Wallace, Iowa Board of Veterinary Medicine

  Daniel Purcell, Iowa Workforce Development Board

  Senator Iverson moved that the foregoing appointees be confirmed
  by the Senate.

  On the question "Shall the appointees be confirmed?" 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	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  McLaren			
  The appointees, having received a two-thirds vote, were declared
  to have been confirmed by the Senate.

  CONFIRMATION OF GOVERNOR'S APPOINTMENT
  (Individual Confirmation Calendar)
  (Deferred April 11, 2000)

  The Senate resumed consideration of the appointment of Harold
  M. Thompson, as Executive Director of the Iowa Telecommunications
  and Technology Commission, deferred April 11, 2000.

  Senator Jensen moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?" 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	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  McLaren			

  The appointee having received a two-thirds vote was declared to
  have been confirmed by the Senate.

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS
  (Individual Confirmation Calendar)

  Senator Iverson called up the appointment of Kathleen H.
  Chapman, as Administrator of Professional Licensing and
  Regulation, placed on the Individual Confirmation Calendar on
  February 15, 2000, and found on page 287 of the Senate Journal.

  Senator King moved that the foregoing appointment be confirmed
  by the Senate.

  On the question "Shall the appointee be confirmed?" the vote was:

  Ayes, 45:

  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	Kramer	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKibben	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Szymoniak	Tinsman
  Veenstra	

  Nays, 3:

  Angelo	King	Zieman	

  Absent or not voting, 2:

  McLaren	Rife			

  The appointee having received a two-thirds vote was declared to
  have been confirmed by the Senate.

  Senator Iverson called up the appointment of Sally Stutsman, as a
  member of the Mental Health Risk Board, placed on the Individual
  Confirmation Calendar on March 29, 2000, and found on page 941 of
  the Senate Journal.

  Senator Bolkcom moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?" 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	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  McLaren			

  The appointee having received a two-thirds vote was declared to
  have been confirmed by the Senate.

  Senator Iverson called up the appointment of Eric Seuren, as a
  member of the Renewable Fuels and Coproducts Advisory
  Committee, placed on the Individual Confirmation Calendar on
  February 17, 2000, and found on page 318 of the Senate Journal.

  Senator Bartz moved that the foregoing appointment be confirmed
  by the Senate.

  On the question "Shall the appointee be confirmed?" 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	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	
  Nays, none.

  Absent or not voting, 1:

  McLaren			

  The appointee having received a two-thirds vote was declared to
  have been confirmed by the Senate.

  CONSIDERATION OF RESOLUTIONS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolutions 113, 114, and 115.

  Senate Resolution 113

  On motion of Senator Johnson, Senate Resolution 113, a
  resolution congratulating the Iowa State Cyclones Women's
  Gymnastics Team, with report of committee recommending passage,
  was taken up for consideration.

  Senator Johnson moved the adoption of Senate Resolution 113,
  which motion prevailed by a voice vote.

  Senate Resolution 114

  On motion of Senator Miller, Senate Resolution 114, a
  resolution honoring the Harper Brush Works for its 100 years of
  continuing business, with report of committee recommending
  passage, was taken up for consideration.

  Senator Miller moved the adoption of Senate Resolution 114,
  which motion prevailed by a voice vote.

  Senate Resolution 115

  On motion of Senator Johnson, Senate Resolution 115, a
  resolution congratulating the Iowa State Cyclones Women's
  Basketball Team, with report of committee recommending passage,
  was taken up for consideration.
  Senator Johnson moved the adoption of Senate Resolution 115,
  which motion prevailed by a voice vote.

  CONSIDERATION OF RESOLUTIONS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House Concurrent Resolution 111 and Senate
  Resolution 118.

  House Concurrent Resolution 111

  On motion of Senator Lundby, 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, with report of committee recommending passage, was
  taken up for consideration.

  Senator Lundby moved the adoption of House Concurrent
  Resolution 111, which motion prevailed by a voice vote.

  Senate Resolution 118

  On motion of Senator Kibbie, Senate Resolution 118, a
  resolution congratulating members of the All-Iowa Community
  College Academic Team, with report of committee recommending
  passage, was taken up for consideration.

  Senator Kibbie moved the adoption of Senate Resolution 118 and
  requested the resolution be read,. which motion prevailed by a voice
  vote.

  UNFINISHED BUSINESS

  House File 2496

  On motion of Senator Rehberg, House File 2496, a bill for an act
  providing supplementary weighting for determining enrollment in
  school districts involved in district-to-district or district-to-
  community-college sharing programs, and at-risk programs, and
  providing an effective date, with report of committee recommending
  passage, placed on the Unfinished Business Calendar on March 23,
  2000, was taken up for consideration.

  Senator Redfern offered amendment S-5417, filed by him from the
  floor to pages 6 and 7 of the bill.

  Senator Connolly offered amendment S-5424, filed by Senators
  Connolly, et al., from the floor to pages 1-3 of amendment S-5417,
  and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5424 be adopted?"
  (H.F. 2496) the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 22:

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

  Nays, 27:

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

  Absent or not voting, 1:

  McLaren			

  Amendment S-5424 lost.
  Senator Fink offered amendment S-5423, filed by him from the
  floor to page 1 of amendment S-5417, and moved its adoption.

  Amendment S-5423 was adopted by a voice vote.

  Senator Connolly offered amendment S-5422, filed by him from
  the floor to pages 2 and 3 of amendment S-5417, moved its adoption,
  and requested a record roll call.

  On the question "Shall amendment S-5422 be adopted?"
  (H.F. 2496) the vote was:

  Ayes, 22:

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

  Nays, 27:

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

  Absent or not voting, 1:

  McLaren			

  Amendment S-5422 lost.

  Senator Iverson asked and received unanimous consent that action
  on House File 2496 be deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2126

  Senator Johnson called up for consideration 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,
  amended by the House, and moved that the Senate concur in House
  amendment S-5383, filed April 11, 2000.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Johnson 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. 2126), the vote was:

  Ayes, 44:

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

  Nays, 5:

  Behn	Flynn	King	Lamberti
  Schuerer	

  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.

  Senator Boettger took the chair at 7:55 p.m.
  BUSINESS PENDING

  House File 2496

  The Senate resumed consideration of House File 2496, a bill for
  an act providing supplementary weighting for determining
  enrollment in school districts involved in district-to-district or
  district-to-community-college sharing programs, and at-risk
  programs, and providing an effective date, previously deferred.

  Senator Fink offered amendment S-5429, filed by him from the
  floor to page 1 of amendment S-5417, and moved its adoption.

  Amendment S-5429 was adopted by a voice vote.

  Senator Redfern moved the adoption of amendment S-5417, as
  amended.

  Amendment S-5417 was adopted by a voice vote.

  With the adoption of amendment S-5417, the Chair ruled
  amendment S-5171, filed by Senators Fink and Connolly on March 6,
  2000, to page 7 of the bill, out of order.

  Senator Redfern offered amendment S-5426, filed by him from the
  floor to page 7 of the bill, and moved its adoption.

  Amendment S-5426 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (H.F. 2496), the vote was:

  Ayes, 47:

  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	McCoy
  McKean	McKibben	Miller	Redfern
  Redwine	Rehberg	Rife	Rittmer
  Schuerer	Sexton	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman	

  Nays, 2:

  Connolly	Shearer	

  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.

  IMMEDIATELY MESSAGED

  Senator Hedge asked and received unanimous consent that
  Senate Concurrent Resolution 117, House Concurrent
  Resolution 111, Senate File 2126, and House File 2496 be
  immediately messaged to the House.

  BUSINESS PENDING

  House File 2548

  The Senate resumed consideration of House File 2548, a bill for
  an act relating to the administration of the tax and related laws by
  the department of revenue and finance, including administration of
  state individual income, corporate income, sales and use, hotel and
  motel, real estate transfer, environmental protection charge on
  petroleum diminution, property, motor fuel, special fuel, cigarette
  and tobacco products, and inheritance taxes, treatment of motor fuel
  under the local option taxes, and authorizing tax agreements with
  Indian tribes, and including effective and retroactive applicability
  date provisions, previously deferred.

  Senator Lamberti offered amendment S-5428, filed by him from
  the floor striking everything after the enacting clause and to the title
  page of the bill, and moved its adoption.
  Amendment S-5428 was adopted by a voice vote.

  With the adoption of amendment S-5428, the Chair ruled the
  following amendments out of order:

  Amendment S-5348 divisions A and B, filed by the committee on
  Ways and Means on April 5, 2000, to pages 2, 17, and 19-22 of the
  bill, previously deferred;
  Amendment S-5401, filed by Senator Bolkcom from the floor to
  page 1 of amendment S-5348;
  Amendment S-5425, filed by Senator Redwine from the floor to
  page 3 of the bill;
  Amendment S-5412, filed by Senator Bolkcom from the floor to
  pages 19 and 22 of the bill;
  Amendment S-5409, filed by Senator Bolkcom from the floor to
  pages 20-22 of the bill; and
  Amendment S-5408, filed by Senator Bolkcom from the floor to
  pages 20 and 21 of the bill.

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

  On the question "Shall the bill pass?" (H.F. 2548), 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	Miller
  Redfern	Redwine	Rehberg	Rife
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Szymoniak	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  McLaren			
  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 Hedge asked and received unanimous consent that House
  File 2548 be immediately messaged to the House.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Hedge asked and received unanimous consent to take up
  for consideration Senate File 2450.

  Senate File 2450

  On motion of Senator Kramer, Senate File 2450, a bill for an act
  relating to the compensation and benefits for public officials and
  employees, providing for related matters, and making appropriations,
  was taken up for consideration.

  Senator Kramer offered amendment S-5391, filed by her on
  April 12, 2000, to page 5 of the bill, and moved its adoption.

  Amendment S-5391 was adopted by a voice vote.

  Senator Dvorsky offered amendment S-5400, filed by Senators
  Dvorsky, Fraise, and Dearden from the floor to pages 7 and 8 of the
  bill, and moved its adoption.

  Amendment S-5400 lost by a voice vote.

  Senator Dvorsky offered amendment S-5407, filed by Senators
  Dvorsky, Bolkcom, and Hammond from the floor to pages 7 and 9 of
  the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-5407 be adopted?"
  (H.F. 2450) the vote was:
  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 19:

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

  Nays, 27:

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

  Absent or not voting, 4:

  Dearden	Lundby	McLaren	Rife	

  Amendment S-5407 lost.

  Senator Kramer 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. 2450), the vote was:

  Ayes, 47:

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

  Nays, 2:

  Hansen	Redwine	
  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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 2450 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 April 13, 2000, concurred in the Senate amendment and passed
  the
  following bill in which the concurrence of the House was asked:

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

  ALSO:  That the House has on April 13, 2000, amended and passed the
  following
  bill in which the concurrence of the Senate is asked:

  Senate File 2429, a bill for an act relating to and making
  appropriations to the department for the blind, the Iowa state civil
  rights commission, the department of elder affairs, the Iowa
  department of public health, the department of human rights, the
  governor's alliance on substance abuse, and the commission of
  veterans affairs, and providing effective dates and retroactive
  applicability provisions.(S-5415)

  ALSO:  That the House has on April 13, 2000, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 2565, a bill for an act relating to tobacco use
  prevention and control and providing an effective date.

  Read first time and attached to companion Senate File 2449.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  EDUCATION

  Convened:  April 13, 2000, 3:50 p.m.

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

  Members Absent:  None.

  Committee Business:  Discussion on HF 2496.

  Adjourned:  4:30 p.m.

  COMPANION BILL RECEIVED

  On April 13, 2000, House File 2565 was received and attached to
  companion Senate File 2449 on the Senate calendar.

  GOVERNOR'S VETO MESSAGE

  April 13, 2000

  Michael Marshall
  Secretary of the Senate
  State Capitol Building
  L O C A L

  Dear Mr. Marshall:

  I hereby transmit Senate File 2220, an act relating to forcible entry and
  detainer
  actions in small claims court following a default on a contract for deed,
  pursuant to
  Article III, section 16, of the Constitution of Iowa.

  I have a number of concerns with the impact of this legislation on Iowa
  consumers
  utilizing real estate contracts that compel me to disapprove it.  This
  legislation is
  inconsistent with current practices regarding the involvement of the
  district courts in
  disputed forfeiture claims.  I am not persuaded that changing current small
  claims
  court jurisdiction levels is appropriate.  I feel that current requirements
  for a
  completed forfeiture action in real estate contract cases provides broader
  procedural
  protections for consumers than the provisions of this bill.  As an example,
  the current
  forfeiture process allows those representing consumers in these cases to use
  a
  "discovery" process to obtain more information for their clients.  Such
  would not be
  allowed under the provisions of Senate File 2220.  In consultation with the
  Attorney
  General, I have also found that this legislation also could expose unwary
  Iowans to
  other unscrupulous practices which could result in some individuals losing
  both their
  equity and their homes.  In short, this legislation proposes to reduce a
  number of
  current legal protections extended to Iowans who are purchasing real estate
  on
  contract.

  For the above reasons, I hereby respectfully disapprove Senate File 2220.

  Sincerely,
  THOMAS J. VILSACK
  Governor

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 119, by Iverson and Gronstal, a
  concurrent resolution relating to a study of the issues involving
  railroad rights-of-way crossings by utilities.

  Read first time under Rule 28 and referred to committee on Rules
  and Administration.

  COMMITTEE REPORTS

  HUMAN RESOURCES

  Final Bill Action:  SENATE FILE 2449, a bill for an act relating to tobacco
  use
  prevention and control and providing an effective date.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5413.

  Final Vote:  Ayes, 12:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Miller, Schuerer, Tinsman, and Veenstra.  Nays, none.
  Absent or
  not voting, 1:  Shearer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  *HOUSE FILE 2540, a bill for an act relating to economic
  development programs and related tax credits and including effective and
  retroactive
  applicability date provisions.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5414.

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

  Fiscal Note:  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 2540,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  HOUSE FILE 2561, a bill for an act providing for
  interest on
  delinquent assessments payable to the Iowa egg council.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5413	S.F.	2449	Human Resources
  S-5414	H.F.	2540	Ways and Means
  S-5415	S.F.	2429	House
  S-5416	H.F.	2206	Steve King
  Jeff Lamberti
  S-5417	H.F.	2496	Donald B. Redfern
  S-5418	S.F.	2447	Mary A. Lundby
  Andy McKean
  Wally E. Horn
  Robert E. Dvorsky
  S-5419	S.F.	2447	Mary A. Lundby
  Andy McKean
  Wally E. Horn
  Robert E. Dvorsky
  Joe Bolkcom
  S-5420	S.F.	2447	Mary A. Lundby
  Andy McKean
  Wally E. Horn
  Robert E. Dvorsky
  Joe Bolkcom
  S-5421	S.F.	2447	Mary A. Lundby
  Andy McKean
  Wally E. Horn
  Joe Bolkcom
  Robert E. Dvorsky
  S-5422	H.F.	2496	Michael W. Connolly
  S-5423	H.F.	2496	Bill Fink
  S-5424	H.F.	2496	Michael W. Connolly
  Michael E. Gronstal
  Bill Fink
  Robert E. Dvorsky
  Betty A. Soukup
  Patricia Harper
  Steve Hansen
  S-5425	H.F.	2548	John Redwine
  S-5426	H.F.	2496	Donald B. Redfern
  S-5427	S.F.	2452	Neal Schuerer
  S-5428	H.F.	2548	Jeff Lamberti
  S-5429	H.F.	2496	Bill Fink

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:10 p.m.,
  until 9:00 a.m., Friday, April 14, 2000.
  1136	JOURNAL OF THE SENATE	56th Day
  56th Day	THURSDAY, APRIL 13, 2000	1135

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