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EIGHTY-SIXTH CALENDAR DAY FIFTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 4, 2000 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by the Reverend Doug Pfeiffer, pastor of the Altoona Christian Church of Altoona, guest of Senator Lamberti. The Journal of Monday, April 3, 2000, was approved. SPECIAL GUESTS Senator Hedge appeared before the rostrum and presented Jessie Kraayenbrink, Queen of the Sixty-fifth Annual Tulip Time Festival from Pella, Iowa. Queen Kraayenbrink introduced the members of her court: Kimberly De Bruin, Stephanie Roozeboom, Amy Jones, and Melanie De Nooy. The girls were accompanied by their parents. Queen Kraayenbrink invited the members of the Senate to attend the Tulip Time Festival in Pella on May 11, 12, and 13, 2000. The Queen, her attendants, and their parents distributed the famous Dutch cookies to the Senators and staff. Senator Boettger took the chair at 9:17 a.m. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Lamberti and Kramer, until they return, on request of Senator Bartz. HOUSE AMENDMENT CONSIDERED Senate File 2371 Senator Bartz called up for consideration Senate File 2371, a bill for an act relating to the establishment of a water quality initiative program by the department of agriculture and land stewardship and the department of natural resources, defining and providing for the use of credible data for quality control and assurance procedures, and providing for other properly related matters, and providing an applicability date, amended by the House in House amendment S-5239, filed March 23, 2000. Senator Bartz offered amendment S-5331, filed by him on April 3, 2000, to pages 1-3 of House amendment S-5239, and moved its adoption. Amendment S-5331 was adopted by a voice vote. Senator Bartz 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 Bartz 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. 2371), 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 Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Kramer Lamberti 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 Iverson, the Senate recessed at 10:30 a.m., until 2:00 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 4, 2000 DEPARTMENT OF HUMAN SERVICES January 2000 Second Baseline Report-Baseline Survey Results for Children in the Healthy and Well Kids in Iowa Program. REPORT OF COMMITTEE MEETING BUSINESS AND LABOR RELATIONS Convened: March 30, 2000, 1:07 p.m. Members Present: McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking Member; Behn, Hansen, Hedge, Horn, King, Rife, and Schuerer. Members Absent: Fraise (excused). Committee Business: Recommended confirmation of Governor's appointees. Adjourned: 1:15 p.m. INTRODUCTION OF BILL Senate File 2443, by Iverson and Gronstal, a bill for an act relating to compacts or agreements entered into by the Iowa lottery board and commissioner of the lottery. Read first time under Rule 28 and referred to committee on State Government. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 112 WAYS AND MEANS: Drake, Chair; Harper and Hedge Senate File 2443 STATE GOVERNMENT: Sexton, Chair; Connolly and Fink House File 2550 WAYS AND MEANS: Redwine, Chair; Connolly and Maddox REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursant to Senate Rule 21, I report that in enrolling Senate File 2221, the following correction was made: 1. Page 1, line 16, the word "judgement" was changed to the word "judgment". MICHAEL E. MARSHALL Secretary of the Senate 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 4th day of April, 2000: Senate Files 182, 2089, 2111, 2221, and 2303. MICHAEL E. MARSHALL Secretary of the Senate MOTIONS TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2371 passed the Senate on April 4, 2000. MERLIN E. BARTZ MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2371 passed the Senate on April 4, 2000. WILLIAM "BILL" FINK AFTERNOON SESSION The Senate reconvened at 2:19 p.m., President Kramer presiding. QUORUM CALL Senator Jensen requested a non-record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent, and a quorum present. UNFINISHED BUSINESS (Deferred March 28, 2000) House File 2519 The Senate resumed consideration of House File 2519, a bill for an act relating to the repeal of the sixth judicial district pilot project concerning probation revocation hearings, and providing an effective date, amendment S-5238B to amendment S-5165 and amendment S-5165, deferred March 28, 2000. Senator Angelo asked and received unanimous consent to withdraw division S-5238B. Senator Angelo offered amendment S-5310, filed by him on March 30, 2000, to pages 2-6 and 10 of amendment S-5165. Senator Szymoniak asked and received unanimous consent that action on amendment S-5310 and House File 2519 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McCoy, until he returns, on request of Senator Gronstal; and Senator Connolly, until he returns, on request of Senator Deluhery. UNFINISHED BUSINESS House File 475 On motion of Senator Lundby, House File 475, a bill for an act concerning nonsubstantive gender-related provisions in the Code, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Lundby offered amendment S-5004, filed by the committee on State Government on February 2, 2000, to pages 1-3 and 4 of the bill, and moved its adoption. Amendment S-5004 was adopted by a voice vote. 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. 475), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Connolly McCoy The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2542. House File 2542 On motion of Senator Drake, House File 2542, a bill for an act relating to distributions made to and income from missing property of certain persecuted victims of World War II and their heirs, including effective and retroactive applicability dates, with report of committee recommending passage, was taken up for consideration. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2542), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Connolly McCoy The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF MOTION TO RECONSIDER Senator Bartz called up the motion to reconsider Senate File 2371, filed by him on April 4, 2000, found on page 989 of the Senate Journal. Senator Gronstal asked and received unanimous consent that action on the motion to reconsider Senate File 2371 be deferred. The Senate stood at ease at 2:52 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:52 p.m., President Kramer presiding. BUSINESS PENDING Senate File 2371 The Senate resumed consideration of Senate File 2371, previously deferred. MOTIONS TO RECONSIDER WITHDRAWN Senate File 2371 Senators Bartz and Fink withdrew the motions to reconsider Senate File 2371, a bill for an act relating to the establishment of a water quality initiative program by the department of agriculture and land stewardship and the department of natural resources, defining and providing for the use of credible data for quality control and assurance procedures, and providing for other properly related matters, and providing an applicability date, filed by them on April 4, 2000, found on page 989 of the Senate Journal. IMMEDIATELY MESSAGED Senator Bartz asked and received unanimous consent that Senate File 2371 be immediately messaged to the House. UNFINISHED BUSINESS House File 2170 On motion of Senator McKibben, House File 2170, a bill for an act regarding application of the margin of error for chemical test evidence used in operating while intoxicated prosecutions, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, 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?" (H.F. 2170), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF RESOLUTION Senator Bartz asked and received unanimous consent to take up for immediate consideration House Concurrent Resolution 106. House Concurrent Resolution 106 On motion of Senator Tinsman, House Concurrent Resolution 106, a concurrent resolution relating to support of the State of Minnesota's lawsuit against the federal government and the United States Secretary of Health and Human Services regarding disparate funding under the federal Medicare program, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved the adoption of House Concurrent Resolution 106, which motion prevailed by a voice vote. UNFINISHED BUSINESS House File 2429 On motion of Senator McKibben, House File 2429, a bill for an act relating to the publication and recordkeeping duties of county officers by providing for the maintenance of permanent records by electronic means and the determination of publication rates, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator McKibben offered amendment S-5327, filed by him on April 3, 2000, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-5327 was adopted by a voice vote. 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?" (H.F. 2429), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 475, 2170, 2429, 2542, and House Concurrent Resolution 106 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 4, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2373, a bill for an act relating to the issuance of closing protection letters by the Iowa finance authority. Read first time and attached to similar Senate File 2440. ALSO: That the House has on April 4, 2000, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 2113, a bill for an act relating to the licensing of individuals engaged in the healing art of massage therapy.(S-5335) Senate File 2252, a bill for an act eliminating the future repeal of the school finance formula and providing for periodic legislative review.(S-5336) ALSO: That the House has on April 4, 2000, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 2362, a bill for an act relating to the establishment of a domestic abuse death review team and providing a penalty. House File 2538, a bill for an act relating to and making transportation and other infrastructure-related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, and including fees for certain registration plates, allowing the department to conduct a pilot project, and providing for the nonreversion of certain moneys. 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 4, 2000 AUDITOR OF STATE Single Audit Report of the State of Iowa for the fiscal year ended June 30, 1999. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Forty-five fifth graders from Cody Elementary School, Pleasant Valley Community Schools, accompanied by their teacher, Sandra Vogel, and chaperones. One of the chaperones is Betty Clausen from LeClaire, who is in the U. S. Basketball Hall of Fame and was a member of the first women's Olympic basketball team. This team won the gold medal. Senator Rittmer. SIMILAR BILL RECEIVED On April 4, 2000, House File 2373 was received and attached to similar Senate File 2440 on the Senate calendar. REPORTS OF COMMITTEE MEETINGS RULES AND ADMINISTRATION Convened: April 4, 2000, 4:20 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Members Absent: None. Committee Business: Passed SR 112 and HCRs 111, 115, and 116. Adjourned: 4:24 p.m. STATE GOVERNMENT Convened: April 4, 2000, 1:00 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Members Absent: Connolly and McLaren (both excused). Committee Business: Passed SF 2443. Recommended confirmation of Governor's appointee. Adjourned: 1:20 p.m. WAYS AND MEANS Convened: April 4, 2000, 11:20 a.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Redwine, and Soukup. Members Absent: Bartz, Maddox, and McLaren (all excused). Committee Business: Approved SSB 3225 and passed SF 2121. Adjourned: 11:50 a.m. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 113, by Drake, Johnson, Judge, Harper, Fraise, Rittmer, and Redfern, a concurrent resolution establishing a special commission to study and make recommendations concerning the impact of current and future state replacement funds paid to local governments to mitigate the effects of the elimination of the property tax on industrial machinery, equipment, and computers. Read first time under Rule 28 and referred to committee on Ways and Means. Senate Concurrent Resolution 114, by McKean and Lamberti, 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. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 2444, by committee on Ways and Means , a bill for an act relating to the taxation of property used by the Iowa national guard. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 2445, by committee on Ways and Means, a bill for an act providing for additional local funding authority under the instructional support levy for school districts. Read first time under Rule 28 and placed on Ways and Means calendar. STUDY BILLS RECEIVED SSB 3226 Way and Means Establishing a healthy environmental and value-added energy initiative, providing for revenues, the expenditure of moneys, and providing for penalties. SSB 3227 Ways and Means A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the power of the people to affirm or reject Acts of the General Assembly relating to the individual income tax or sales or use tax. SSB 3228 Ways and Means Relating to the state's disposition of unclaimed property law by setting a limit on the retention of abandoned property records, excluding certain property from being considered abandoned property, and setting requirements and conditions for hiring independent auditors. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 113 WAYS AND MEANS: Drake, Chair; Harper and Hedge SSB 3226 WAYS AND MEANS: Bartz, Chair; Harper and McKibben SSB 3227 WAYS AND MEANS: McKibben, Chair; Bartz and Deluhery SSB 3228 WAYS AND MEANS: Redwine, Chair; Maddox and Soukup COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 112, a resolution honoring the Story City firefighter who died in the line of duty. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 115, a concurrent resolution urging citizen participation in and cooperation with the conducting of the year 2000 census. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 116, a concurrent resolution urging the Governor to appoint a commission to develop design proposals for Iowa's participation in the United States Mint's 50 state quarters program and to direct the commission to develop designs incorporating the Loess Hills as a symbol for the state. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2443, a bill for an act relating to compacts or agreements entered into by the Iowa lottery board and commissioner of the lottery. Recommendation: DO PASS. Final Vote: Ayes, 10: Rittmer, Lamberti, Kibbie, Dearden, Deluhery, Fink, Lundby, Maddox, Sexton, and Szymoniak. Nays, 3: Drake, King, and Schuerer. Absent or not voting, 2: Connolly and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 2444 (SSB 3225), a bill for an act relating to the taxation of property used by the Iowa national guard. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Johnson, McKibben, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Redwine, and Soukup. Nays, none. Absent or not voting, 3: Bartz, Maddox, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2445 (Formerly SF 2121), a bill for an act providing for additional local funding authority under the instructional support levy for school districts. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 12: Johnson, McKibben, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Redwine, and Soukup. Nays, none. Absent or not voting, 3: Bartz, Maddox, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 2445, and they were attached to the committee report. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on April 4, 2000, when the votes were taken on House Files 475 and 2542. Had I been present, I would have voted "Aye" on both. MICHAEL E. CONNOLLY GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the En Bloc Calendar with recommendation for confirmation: STATE GOVERNMENT Glen Meier - Board for the Licensing and Regulation of Hearing Aid Dealers AMENDMENTS FILED S-5332 S.F. 2436 JoAnn Johnson S-5333 H.F. 2502 Merlin E. Bartz S-5334 H.F. 2519 Robert E. Dvorsky Jeff Angelo S-5335 S.F. 2113 House S-5336 S.F. 2252 House S-5337 H.F. 2528 Jeff Angelo Joe Bolcom Richard F. Drake Andy McKean Steve King Matt McCoy ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:17 p.m., until 9:00 a.m., Wednesday, April 5, 2000. 986 JOURNAL OF THE SENATE 50th Day 50th Day TUESDAY, APRIL 4, 2000 985
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