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EIGHTY-FIRST CALENDAR DAY FORTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, March 30, 2000 The Senate met in regular session at 9:13 a.m., President Kramer presiding. Prayer was offered by the Reverend Lola M. Rosenberger, pastor of St. John's United and Zion United Church of Christ in Peterson and Calumet, Iowa, guest of Senator Freeman. The Journal of Wednesday, March 29, 2000, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Kibbie and Fraise, for the day, on request of Senator Gronstal; and Senator McKean, for the day, on request of Senator Iverson. SPECIAL PRESENTATION TO SENATE PAGE Senate Page Keturah Moretz was invited to the well of the Senate for a special presentation and was thanked by Senators Iverson and Gronstal for her service to the Senate. A Certificate of Recognition for serving with honor and distinction as a Senate Page during the 2000 Regular Session of the Seventy- eighth General Assembly was presented to her. The Senate rose and expressed its appreciation. UNFINISHED BUSINESS House File 2522 On motion of Senator Bartz, House File 2522, a bill for an act relating to addresses used by persons seeking relief from domestic abuse, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, 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. 2522), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Kibbie McCoy McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy, until he arrives, on request of Senator Harper. UNFINISHED BUSINESS House File 2393 On motion of Senator Miller, House File 2393, a bill for an act relating to the certification of persons as confinement site manure applicators, providing for fees, and making penalties applicable, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, 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?" (H.F. 2393), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Kibbie McCoy McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2502 On motion of Senator Bartz, House File 2502, a bill for an act relating to fee-supported services provided by a county including the payment of county law enforcement salaries and expenses, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Bartz asked and received unanimous consent that action on House File 2502 be deferred. CONSIDERATION OF RESOLUTION (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Joint Resolution 2005. Senate Joint Resolution 2005 On motion of Senator Maddox, Senate Joint Resolution 2005, a joint resolution nullifying amendments to administrative rules of the department of revenue and finance concerning the classification of condominiums for property tax purposes and providing an effective date, was taken up for consideration. Senator Maddox moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the resolution was read the last time. Senate Joint Resolution 2005, a joint resolution nullifying amendments to administrative rules of the department of revenue and finance concerning the classification of condominiums for property tax purposes and providing an effective date. Section 1. The amendments to 701 Iowa administrative code, rule 71.1, subrules 4 and 5, as appearing in ARC 8725A, as published in the Iowa administrative bulletin, volume XXI, number 19, dated March 10, 1999, pp. 1858 and 1859, are nullified. Section 2. This joint resolution, being deemed of immediate importance, takes effect upon enactment. On the question "Shall the resolution be adopted?" (S.J.R. 2005), the vote was: Yeas, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Fraise Kibbie King McCoy McKean The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 2522, 2393, and Senate Joint Resolution 2005 be immediately messaged to the House. UNFINISHED BUSINESS House File 2485 On motion of Senator Bartz, House File 2485, a bill for an act relating to the allocation of funds within the soil and water enhancement account of the resource enhancement and protection fund, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, 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. 2485), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Fraise Kibbie King McCoy McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2377 On motion of Senator Miller, 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, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Miller offered amendment S-5154, filed by the committee on Human Resources on March 15, 2000, to pages 1-3, 6, 7, and to the title page of the bill, and moved its adoption. Amendment S-5154 was adopted by a voice vote. Senator Miller offered amendment S-5186, filed by him on March 21, 2000, to pages 1, 2, and 5 of the bill, and moved its adoption. Amendment S-5186 was adopted by a voice vote. Senator King asked and received unanimous consent that action on House File 2377 be deferred. UNFINISHED BUSINESS House File 2424 On motion of Senator Veenstra, House File 2424, a bill for an act creating an Iowa Lewis and Clark bicentennial commission, an Iowa Lewis and Clark bicentennial fund, 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 Boettger took the chair at 10:06 a.m. Senator Veenstra 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. 2424), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Kibbie McCoy McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS Senate File 2427 On motion of Senator Drake, Senate File 2427, a bill for an act relating to the definition of factory-built structures, the certification of installers of manufactured homes and providing for a fee, an appropriation, and a civil penalty, placed on the Unfinished Business Calendar on March 16, 2000, was taken up for consideration. Senator Johnson offered amendment S-5133, filed her on March 13, 2000, to page 1 and to the title page of the bill, and called for a division: Lines 1-31 as division S-5133A; Lines 32-48 as division S-5133B. Senator Johnson withdrew her request for a division and asked and received unanimous consent that action on amendment S-5133 and Senate File 2427 be deferred. UNFINISHED BUSINESS House File 2521 On motion of Senator Tinsman, House File 2521, a bill for an act relating to mandatory mediation of certain farm disputes prior to initiation of related litigation, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, 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?" (H.F. 2521), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Kibbie McCoy McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 2008 On motion of Senator Bartz, House File 2008, a bill for an act providing residency status to certain members of the armed forces for purposes of hunting, fishing, and fur harvesting, 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-5123, filed by the committee on Natural Resources and Environment on March 9, 2000, to page 1 of the bill, and moved its adoption. Amendment S-5123 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. 2008), the vote was: Ayes, 32: Angelo Bartz Behn Boettger Dearden Drake Fink Freeman Gaskill Hansen Hedge Iverson Jensen Johnson Judge King Kramer Lamberti Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 14: Black Bolkcom Connolly Deluhery Dvorsky Flynn Gronstal Hammond Harper Horn Lundby Shearer Soukup Szymoniak Absent or not voting, 4: Fraise Kibbie McCoy McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer, until she returns, on request of Senator Jensen; and Senator Gronstal, until he returns, on request of Senator Dvorsky. BUSINESS PENDING House File 2377 The Senate resumed consideration of 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, previously deferred. Senator King offered amendment S-5311, filed by him from the floor to page 4 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5311 be adopted?" (H.F. 2377) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 14: Angelo Behn Freeman Hedge Jensen Judge King Lundby Miller Rehberg Schuerer Sexton Shearer Veenstra Nays, 31: Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Gaskill Hammond Hansen Harper Horn Iverson Johnson Lamberti Maddox McCoy McKibben McLaren Redfern Redwine Rife Rittmer Soukup Szymoniak Tinsman Zieman Absent or not voting, 5: Fraise Gronstal Kibbie Kramer McKean Amendment S-5311 lost. 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. 2377), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Kibbie Kramer McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. BUSINESS PENDING Senate File 2427 The Senate resumed consideration of Senate File 2427, a bill for an act relating to the definition of factory-built structures, the certification of installers of manufactured homes and providing for a fee, an appropriation, and a civil penalty, and amendment S-5133, previously deferred. Senator Johnson offered amendment S-5313, filed by her from the floor to page 1 of amendment S-5133, and moved its adoption. Amendment S-5313 was adopted by a voice vote. Senator Johnson moved the adoption of amendment S-5133, as amended. Amendment S-5133 was adopted by a voice vote. Senator McKibben offered amendment S-5245, filed by him on March 27, 2000, to page 2 of the bill, and moved its adoption. Amendment S-5245 was adopted by a voice vote. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2427), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Kibbie Kramer McKean 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 2377, 2424, 2485, 2521 and Senate File 2427 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 29, 2000, concurred in the Senate amendments and passed the following bills in which the concurrence of the House was asked: 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. House File 2331, a bill for an act relating to operating a motorboat or sailboat while intoxicated and providing penalties. House File 2391, a bill for an act establishing a criminal offense relating to theft detection shielding devices and theft detection devices and providing a penalty. 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. House File 2510, a bill for an act relating to operating while intoxicated, including ignition interlock provisions. ALSO: That the House has on March 29, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2552, a bill for an act relating to and making appropriations to the justice system, making related statutory changes, and providing an effective date. Read first time and referred to committee on Appropriations. House File 2554, a bill for an act relating to and making appropriations to the judicial branch. Read first time and referred to committee on Appropriations. ALSO: That the House has on March 30, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2376, a bill for an act relating to veterans preference in public employment. ALSO: That the House has on March 30, 2000, passed the following bill in which the concurrence of the House was asked: Senate File 2368, a bill for an act relating to the family investment program and associated provisions. APPENDIX CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Milton Van Gundy, Marshalltown - For being named "Preceptor of the Year" by University of Iowa College of Medicine students. Senator McKibben (03/30/00). PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Students from Moulton Elementary School in Des Moines. Senator Szymoniak. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation: BUSINESS AND LABOR RELATIONS Elizabeth Seiser - Employment Appeal Board Mary Spicer - Employment Appeal Board James Riordan - Public Employment Relations Board M. Sue Warner - Public Employment Relations Board Denise Baldwin - Iowa Workforce Development Board (Appointment) Denise Baldwin - Iowa Workforce Development Board (Reappointment) Sarah Falb - Iowa Workforce Development Board Daniel Purcell - Iowa Workforce Development Board Ken Sagar - Iowa Workforce Development Board John Watson - Iowa Workforce Development Board MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which House File 2008 passed the Senate on March 30, 2000. STEVE HANSEN SUBCOMMITTEE ASSIGNMENT House File 2549 APPROPRIATIONS: Rehberg, Chair; Horn and McLaren 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 30th day of March, 2000: Senate Files 174 and 2015. MICHAEL E. MARSHALL Secretary of the Senate AMENDMENTS FILED S-5309 H.F. 2545 Andy McKean S-5310 H.F. 2519 Jeff Angelo S-5311 H.F. 2377 Steve King S-5312 H.F. 2502 John Judge S-5313 S.F. 2427 JoAnn Johnson ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 11:43 a.m., until 1:00 p.m., Monday, April 3, 2000. 942 JOURNAL OF THE SENATE 48th Day 48th Day THURSDAY, MARCH 30, 2000 943
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