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FIFTY-THIRD CALENDAR DAY THIRTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, March 2, 2000 The Senate met in regular session at 9:12 a.m., Senator Boettger presiding. Prayer was offered by the Reverend Craig Peters, pastor of the Christ United Methodist Church of Davenport, Iowa, guest of Senator Rife. The Journal of Wednesday, March 1, 2000, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Flynn, for the day, on request of Senator Gronstal; Senator Shearer, until he arrives, on request of Senator Gronstal; and Senator Sexton, for the day, on request of Senator Gaskill. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 1, 2000, passed the following bill in which the concurrence of the Senate is asked: 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. Read first time and referred to committee on Education. RECESS On motion of Senator Iverson, the Senate recessed at 9:23 a.m., until 1:00 p.m. APPENDIX PETITION The following petition was presented and placed on file by: Senator Dvorsky, from 175 residents of Johnson County favoring legislation to allow a second Powerball lottery machine in Tiffin, Iowa, at the Tiffin General Store. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 22, 2000, 9:47 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Judge and Lamberti. Members Absent: None. Committee Business: Presentations by UNI, ISU, and U of Iowa. Adjourned: 11:50 a.m. ALSO: Convened: February 23, 2000, 10:48 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Judge and Lamberti. Members Absent: None. Committee Business: Presentation by the Legislative Fiscal Bureau. Adjourned: 11:30 a.m. ALSO: Convened: February 24, 2000, 10:47 a.m. Members Present: Boettger, Vice Chair; and Soukup, Ranking Member. Members Absent: Schuerer, Chair; Judge and Lamberti (all excused). Committee Business: Presentations by Iowa Workforce Development and Dept. of Economic Development. Adjourned: 11:16 a.m. INTRODUCTION OF BILLS Senate File 2418, by committee on Ways and Means, a bill for an act relating to certification of property taxes by townships and providing an effective date. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 2419, by committee on Ways and Means, a bill for an act providing for limitations on investments by city hospitals. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 2420, by committee on Ways and Means, 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. Read first time under Rule 28 and placed on Ways and Means calendar. COMMITTEE REPORTS WAYS AND MEANS Final Bill Action: SENATE FILE 2418 (SSB 3117), a bill for an act relating to certification of property taxes by townships and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. 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. ALSO: Final Bill Action: SENATE FILE 2419 (Formerly SF 2186), a bill for an act providing for limitations on investments by city hospitals. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Johnson, McKibben, Harper, Bartz, Bolkcom, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, 2: Connolly and Deluhery. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2420 (SSB 3114), 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. Recommendation: APPROVED COMMITTEE BILL. 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. AMENDMENT FILED S-5055 S.F. 2245 Michael E. Gronstal AFTERNOON SESSION The Senate reconvened at 1:07 p.m., Senator Boettger presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Behn and Gaskill, until they arrive, on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2246, 2241, 2245, 2276, and 2243. Senate File 2246 On motion of Senator McKean, Senate File 2246, a bill for an act relating to the accumulation of credit upon an inmate's sentence for Iowa inmates incarcerated in another jurisdiction, was taken up for consideration. Senator McKean 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. 2246), the vote was: Ayes, 46: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Behn Flynn Gaskill Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2241 On motion of Senator McKean, Senate File 2241, a bill for an act relating to the consolidation of certain criminal offenses concerning computer access, damage, or theft, video rental theft, election bribery, and voting duress, was taken up for consideration. Senator Hammond 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. 2241), the vote was: Ayes, 46: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Behn Flynn Gaskill Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2245 On motion of Senator McKean, Senate File 2245, a bill for an act relating to reclassifying certain simple misdemeanors as scheduled violations, was taken up for consideration. Senator Maddox offered amendment S-5033, filed by him on February 29, 2000, to page 3 and to the title page of the bill and moved its adoption. Amendment S-5033 was adopted by a voice vote. Senator Maddox offered amendment S-5032, filed by him on February 29, 2000, to page 5 of the bill and moved its adoption. Senator Fraise asked and received unanimous consent that action on amendment S-5032 be deferred. Senator Gronstal offered amendment S-5055, filed by him from the floor, to page 6 and to the title page of the bill and moved its adoption. Amendment S-5055 was adopted by a voice vote. The Senate resumed consideration of S-5032. Senator Maddox moved the adoption of amendment S-5032. Amendment S-5032 was adopted by a voice vote. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2245), the vote was: Ayes, 46: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Behn Flynn Rittmer Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2276 On motion of Senator McKean, Senate File 2276, a bill for an act relating to the application of earned time credits against a criminal sentence, was taken up for consideration. Senator McKean offered amendment S-5054, filed by him on March 1, 2000, to pages 1, 6, and to the title page of the bill and moved its adoption. Amendment S-5054 was adopted by a voice vote. Senator McKean 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. 2276), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2243 On motion of Senator McKean, Senate File 2243, a bill for an act relating to the placement in treatment programs of offenders sentenced for operating while intoxicated violations, was taken up for consideration. Senator Hammond 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. 2243), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton 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 Files 2246, 2241, 2245, 2276, and 2243 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate Files 2282, 2265, 2325, and 2078. Senate File 2282 On motion of Senator McKean, Senate File 2282, a bill for an act relating to a criminal sentence subject to the maximum accumulation of good time credits of fifteen percent of the total sentence of confinement, was taken up for consideration. Senator McKean 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. 2282), the vote was: Ayes, 46: Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Angelo Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2265 On motion of Senator McKean, Senate File 2265, a bill for an act to provide an additional sentence of parole or work release for certain persons who commit the crime of lascivious acts with a child, was taken up for consideration. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2265), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2325 On motion of Senator McKean, Senate File 2325, a bill for an act relating to the crimes of burglary and forgery, was taken up for consideration. Senator McKean 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. 2325), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2078 On motion of Senator Maddox, Senate File 2078, a bill for an act relating to the definition of theft, with report of committee recommending passage, was taken up for consideration. Senator Maddox moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2078), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2282, 2265, 2325, and 2078 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2360, 2372, 2373, 2375, 2409, and 2368. Senate File 2360 On motion of Senator Tinsman, Senate File 2360, a bill for an act relating to the authority of the department of human services involving state institutions and employee and volunteer background checks, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2360), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2372 On motion of Senator Miller, Senate File 2372, a bill for an act relating to certain providers of consumer services by eliminating the registration requirement for physical exercise clubs, making social referral service providers subject to provisions relating to door-to-door sales, and making penalties applicable, was taken up for consideration. Senator Miller moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2372), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2373 On motion of Senator McKibben, Senate File 2373, a bill for an act relating to workers' compensation concerning service of notices on nonresident employers, the calculation of weekly earnings, and the approval of related liens, was taken up for consideration. Senator McKibben 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. 2373), the vote was: Ayes, 47: 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 King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Behn Flynn Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2375 On motion of Senator Rehberg, Senate File 2375, a bill for an act relating to the taking of deer within a city, the use of artificial light while hunting, and subjecting violators to an existing penalty, was taken up for consideration. Senator Rife offered amendment S-5030, filed by him on February 29, 2000, to page 1 of the bill and moved its adoption. Amendment S-5030 was adopted by a voice vote. Senator King asked and received unanimous consent that action on Senate File 2375 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Freeman, for the day, on request of Senator Lundby. Senate File 2409 On motion of Senator Gronstal, Senate File 2409, a bill for an act relating to the operation and regulation of insurance companies, mutual insurance associations, benevolent associations, health maintenance organizations, and other insurance or risk-assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner and providing effective dates, was taken up for consideration. Senator Gronstal 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. 2409), the vote was: Ayes, 46: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Behn Flynn Freeman Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2368 On motion of Senator Tinsman, Senate File 2368, a bill for an act relating to the family investment program and associated provisions, was taken up for consideration. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2368), the vote was: Ayes, 46: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise 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 Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Behn Flynn Freeman Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2360, 2372, 2373, 2409, and 2368 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 2, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 754, a bill for an act relating to individual and group accident and sickness insurance, nonprofit health service plans, health maintenance organizations, and Medicare supplemental insurance policies, by mandating coverage for anesthesia and certain hospital charges associated with the provision of dental care services. Read first time and passed on file. House File 2253, a bill for an act relating to state criminal jurisdiction and to the crimes of escape and absence from custody. Read first time and referred to committee on Judiciary. House File 2374, a bill for an act relating to the reversion to the Iowa finance authority of unencumbered moneys received by certain nonprofit corporations from the Iowa finance authority and providing an effective date. Read first time and referred to committee on Small Business, Economic Development, and Tourism. House File 2377, a bill for an act providing for access to certain child abuse information by the governor and the general assembly, making penalties and remedies applicable, and including an effective date and applicability provision. Read first time and referred to committee on Human Resources. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Students from North High School, Sioux City. Senator Redwine. REPORT OF COMMITTEE MEETING APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: March 1, 2000, 9:50 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentation by DHS and Legislative Fiscal Bureau. Adjourned: 12:05 p.m. SUBCOMMITTEE ASSIGNMENTS Senate File 2335 AGRICULTURE: Hedge, Chair; Shearer and Veenstra House File 2080 HUMAN RESOURCES: Redwine, Chair; Boettger and Harper House File 2291 EDUCATION: Rehberg, Chair; Redwine and Shearer House File 2362 HUMAN RESOURCES: Miller, Chair; Boettger and Szymoniak House File 2365 HUMAN RESOURCES: Miller, Chair; Boettger and Szymoniak House File 2377 HUMAN RESOURCES: Miller, Chair; Boettger and Szymoniak AMENDMENTS FILED S-5056 S.F. 2214 E. Thurman Gaskill S-5057 H.F. 2198 Kitty Rehberg S-5058 S.F. 2390 Patrick J. Deluhery Sheldon Rittmer ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 3:35 p.m., until 1:00 p.m., Monday, March 6, 2000. 502 JOURNAL OF THE SENATE 32nd Day 32nd Day THURSDAY, MARCH 2, 2000 503
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