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SEVENTY-EIGHTH CALENDAR DAY FORTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 27, 2000 The Senate met in regular session at 1:10 p.m., President Kramer presiding. Prayer was offered by Father John Hemann, pastor of the St. Wenceslaus Catholic and St. Boniface Catholic Church of Duncan and Garner, Iowa, guest of Senator Gaskill. The Journal of Thursday, March 22, 2000, was approved. SPECIAL GUEST Senator Iverson welcomed renowned singer Simon Estes. Mr. Estes addressed the Senate with brief remarks. The Senate rose and expressed its appreciation. 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 23, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2079, a bill for an act relating to the prohibition of shipping or importing into the state, or the offering for sale, selling, transporting, distributing, or possessing within the state, of cigarettes and tobacco products which were previously exported from or which are manufactured for use outside the United States, making penalties applicable, and providing an effective date.(S-5242) ALSO: That the House has on March 27, 2000, passed the following bill in which the concurrence of the House was asked: Senate File 2215, a bill for an act 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. ALSO: That the House has on March 27, 2000, passed the following bill in which the concurrence of the Senate is asked: 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. Read first time and referred to committee on Ways and Means. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Rehberg, for the day, on request of Senator Zieman; and Senator McCoy, until he arrives, on request of Senator Dvorsky. UNFINISHED BUSINESS House File 2438 On motion of Senator Fink, House File 2438, a bill for an act extending a partial suspension of permitting requirements of facilities that deal with hazardous waste, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Fink 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. 2438), 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 Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Jensen McCoy McLaren Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2435 On motion of Senator Dvorsky, House File 2435, a bill for an act repealing a provision authorizing the raising of an additional enrichment amount to fund asbestos removal projects, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Dvorsky 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. 2435), 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 Lundby Maddox McKean McKibben Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy McLaren Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2279 On motion of Senator Harper, House File 2279, a bill for an act relating to the renewal date for a license issued by the board of educational examiners, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Harper 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. 2279), 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 Lundby Maddox McKean McKibben Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy McLaren Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2422 On motion of Senator Soukup, House File 2422, a bill for an act relating to funding of the local housing assistance program 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 Soukup 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. 2422), 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 Lundby Maddox McKean McKibben Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy McLaren Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2254 On motion of Senator Redfern, House File 2254, a bill for an act relating to actions on certain older claims to real estate, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. 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. 2254), 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 Lundby Maddox McKean McKibben Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy McLaren Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2494 On motion of Senator Hedge, House File 2494, a bill for an act providing for the application of compost material to land for use for the production of organic agricultural products, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Hedge 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. 2494), 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 Lundby Maddox McKean McKibben McLaren Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy Miller Rehberg 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 2314 Senator Redwine called up for consideration Senate File 2314, a bill for an act relating to communicable and infectious diseases and providing penalties, amended by the House, and moved that the Senate concur in House amendment S-5203, filed March 21, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Redwine 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. 2314), 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 Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Shearer Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2314, House Files 2254, 2279, 2422, 2435, 2438, 2494, and 2512 be immediately messaged to the House. The Senate stood at ease at 2:35 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:53 p.m., Senator Redfern presiding. HOUSE AMENDMENT CONSIDERED (Deferred March 23, 2000) Senate File 2111 The Senate resumed consideration of Senate File 2111, a bill for an act providing for a one hundred percent budget guarantee for school districts, and providing an effective date, amended by the House in House amendment S-5202, filed March 21, 2000, and deferred March 23, 2000. Senator Angelo offered amendment S-5234, filed by him on March 23, 2000, to pages 1 and 2 of amendment S-5202, and moved its adoption. Amendment S-5234 was adopted by a voice vote. Senator Angelo moved that the Senate concur in the House amendment, as amended. The motion prevailed by a voice vote and the Senate concurred in the House amendment, as amended. Senator Angelo moved that the bill, as amended by the House, further amended 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. 2111), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg 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 2089 Senator Johnson called up for consideration Senate File 2089, a bill for an act relating to collection of the physical plant and equipment property tax levy in certain urban renewal areas and providing an applicability date, amended by the House, and moved that the Senate concur in House amendment S-5180, filed March 21, 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. 2089), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2442 On motion of Senator Szymoniak, House File 2442, a bill for an act relating to international relations including the creation of an international relations advisory council and the designation of legislative and executive branch protocol officers, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Szymoniak moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2442), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg 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 2031 Senator Angelo called up for consideration Senate File 2031, a bill for an act relating to violations of the sex offender registry requirements and providing an effective date, amended by the House, and moved that the Senate concur in House amendment S-5011, filed February 17, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Angelo 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. 2031), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2031, 2089, 2111, and House File 2442 be immediately messaged to the House. UNFINISHED BUSINESS House File 2423 On motion of Senator Lundby, House File 2423, a bill for an act creating a brownfield redevelopment program and fund and a brownfield redevelopment advisory council, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Lundby 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. 2423), 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 Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy Rehberg Rife The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 4:25 p.m. UNFINISHED BUSINESS (Deferred March 20, 2000) House File 2317 The Senate resumed consideration of House File 2317, a bill for an act relating to the regulation of the sale of viatical settlements, deferred March 20, 2000. Senator Gronstal offered amendment S-5178, filed by him on March 20, 2000, to page 1 and to the title page of the bill and moved its adoption. Amendment S-5178 was adopted by a voice vote. Senator Gronstal offered amendment S-5177, filed by him on March 20, 2000, to page 2 of the bill and moved its adoption. Amendment S-5177 was adopted by a voice vote. Senator Deluhery 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. 2317), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Schuerer, until he returns, on request of Senator Iverson. UNFINISHED BUSINESS House File 2327 On motion of Senator Bolkcom, House File 2327, a bill for an act relating to county levy and expenditure authority involving the risk pool and county mental health, mental retardation, and developmental disabilities services fund by authorizing appropriations from the fund for capital assets used exclusively for purposes of the services fund, authorizing associated county general fund levies and expenditures, and including transition, effective, and applicability dates, and other related provisions, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Bolkcom asked and received unanimous consent to withdraw amendment S-5204, filed by him on March 22, 2000, to pages 1, 3, 4, and to the title page of the bill. Senator Bolkcom 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. 2327), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy Rehberg Schuerer 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 2317, 2327, and 2423 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2344 Senator Bartz called up for consideration Senate File 2344, a bill for an act relating to child and family services administered by the department of human services, amended by the House, and moved that the Senate concur in House amendment S-5210, filed March 22, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Bartz 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. 2344), 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 Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McCoy Rehberg Schuerer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2146 On motion of Senator Sexton, House File 2146, a bill for an act relating to the authority of the board of educational examiners over certification and licensing of para-educators and practitioners, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Sexton offered amendment S-5244, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S-5244 was adopted by a voice vote. Senator Sexton moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2146), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg 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 2303 Senator Maddox called up for consideration Senate File 2303, a bill for an act relating to judicial administration by providing for benefits applicable to judicial branch employees, the allocation of magistrates, and the manner of making certain noncourt and administrative appointments, amended by the House, and moved that the Senate concur in House amendment S-5241, filed March 23, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Maddox 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. 2303), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2135 On motion of Senator Miller, 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, 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-5205, filed by him on March 22, 2000, to page 1 and to the title page of the bill. Senator Lundby offered amendment S-5215, filed by her on March 22, 2000, to page 1 of amendment S-5205, and moved its adoption. Amendment S-5215 was adopted by a voice vote. Senator Miller moved the adoption of amendment S-5205. Amendment S-5205 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. 2135), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2303, 2344, House Files 2135 and 2146 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 182 Senator Szymoniak called up for consideration Senate File 182, a bill for an act requiring licensure to practice acupuncture, amended by the House, and moved that the Senate concur in House amendment S-5019, filed February 22, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Szymoniak 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. 182), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2492 On motion of Senator Bartz, House File 2492, a bill for an act relating to certain state and municipal agencies by making changes relating to the provision of and training for fire protection service and emergency medical service and by amending the powers and duties of townships and township officers, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Bartz offered amendment S-5168, filed by the committee on Local Government on March 16, 2000, to pages 9 and 10 of the bill, and moved its adoption. Amendment S-5168 was adopted by a voice vote. Senator Bartz offered amendment S-5247, filed by him from the floor to page 14 of the bill, and moved its adoption. Amendment S-5247 was adopted by a voice vote. Senator Bartz 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. 2492), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 2: Dvorsky Gronstal Absent or not voting, 2: McCoy Rehberg 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 2419. Senate File 2419 On motion of Senator McKibben, Senate File 2419, a bill for an act providing for limitations on investments by city hospitals, 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. 2419), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Deluhery Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2394 On motion of Senator Kibbie, House File 2394, a bill for an act to eliminate the regulation of frozen food locker plants by the department of agriculture and land stewardship, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Kibbie 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. 2394), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 182, 2419, House Files 2394, and 2492 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 2114 On motion of Senator Bartz, Senate File 2114, a bill for an act relating to land restoration requirements for interstate natural gas pipeline construction projects, placed on the Unfinished Business Calendar on March 16, 2000, was taken up for consideration. Senator Bartz asked and received unanimous consent that House File 2247 be substituted for Senate File 2114. House File 2247 On motion of Senator Bartz, House File 2247, a bill for an act relating to land restoration requirements for interstate natural gas pipeline construction projects, was taken up for consideration. Senator Bartz 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. 2247), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Bartz asked and received unanimous consent that Senate File 2114 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2424. Senate File 2424 On motion of Senator McKibben, Senate File 2424, a bill for an act updating the Iowa Code references to the Internal Revenue Code, amending the earned income credit, amending requirements for nonresident taxpayers, providing tax benefits to military personnel in hazardous duty areas, and providing effective and retroactive applicability dates, 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. 2424), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS Senate File 2426 On motion of senator Maddox, Senate File 2426, a bill for an act relating to the designation, valuation, and taxation of property in a horizontal property regime and including an effective date, placed on the Unfinished Business Calendar on March 16, 2000, 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. 2426), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 2: Hammond Zieman Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. SPECIAL GUEST Senator McLaren welcomed James Yuen, Director of the Chicago Hong Kong Trade Development Council. UNFINISHED BUSINESS House File 2280 On motion of Senator Gaskill, House File 2280, a bill for an act requiring the director of the department of education to develop and administer an operation recognition program, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. 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. 2280), 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2424, 2426, House Files 2247, and 2280 be immediately messaged to the House. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of Lynn M. Walding, as Administrator of the Alcoholic Beverages Division, placed on the Individual Confirmation Calendar on February 10, 2000, and found on page 250 of the Senate Journal. Senator Dearden moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Holmes Foster, as Superintendent of Banking, placed on the Individual Confirmation Calendar on February 10, 2000, and found on page 250 of the Senate Journal. Senator Lamberti moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Marilyn Turner, as Administrator of the Division of Persons with Disabilities, placed on the Individual Confirmation Calendar on February 28, 2000, and found on page 453 of the Senate Journal. Senator Szymoniak moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: McCoy Rehberg The appointee having received a two-thirds vote was declared to have been confirmed by the Senate. 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 27, 2000, passed the following bills in which the concurrence of the House was asked: Senate File 2156, a bill for an act relating to the use of blue lights on authorized emergency vehicles. Senate File 2315, a bill for an act relating to the motor vehicle lemon law, making an administrative fine applicable, and providing an effective date. ALSO: That the House has on March 27, 2000, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 2194, a bill for an act relating to the vacation of roads and road rights-of-way.(S-5249) 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. (S-5248) APPENDIX REPORT OF COMMITTEE MEETING HUMAN RESOURCES Convened: March 27, 2000, 6:15 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, and Tinsman. Members Absent: Veenstra (excused). Committee Business: Recommended confirmation of Governor's appointees. Adjourned: 6:20 p.m. COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: March 27, 2000 IOWA COLLEGE STUDENT AID COMMISSION 1998-1999 Annual Report. DEPARTMENT OF PUBLIC SAFETY 1998 Iowa Uniform Crime Report, as pursuant to Iowa Code section 692.15. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Jaime Liljequist, Davenport - For achieving the highest award for Senior Girl Scouts, "The Gold Award." Senator Flynn (03/27/00). Rose Krause Meyers - For celebrating your 101st birthday on April 1, 2000, and for living in three centuries and two millenniums. Senator Gaskill (03/27/00). Matthew Ternus, Vinton - For being named one of Iowa's top youth volunteers in the Prudential Spirit of Community Awards for 2000. Senator Schuerer (03/27/00). 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 27th day of March, 2000: Senate Files 2048, 2147, 2164, 2203, and 2256. MICHAEL E. MARSHALL Secretary of the Senate REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2147, the following correction was made: 1. Page 18, line 6, the words " REGULAR ROUTE " were changed to the words " REGULAR-ROUTE ". MICHAEL E. MARSHALL Secretary of the Senate EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on March 27, 2000, when the votes were taken on Senate File 2344 and House File 2327. Had I been present, I would have voted "Aye" on both. NEAL SCHUERER AMENDMENTS FILED S-5242 S.F. 2079 House S-5243 H.F. 2511 Tom Flynn S-5244 H.F. 2146 Mike Sexton S-5245 S.F. 2427 Larry McKibben S-5246 S.F. 2435 John Redwine S-5247 H.F. 2492 Merlin E. Bartz S-5248 S.F. 2348 House S-5249 S.F. 2194 House ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:11 p.m., until 9:00 a.m., Tuesday, March 28, 2000. 880 JOURNAL OF THE SENATE 45th Day 45th Day MONDAY, MARCH 27, 2000 879
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