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NINETY-NINTH CALENDAR DAY FIFTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 17, 2000 The Senate met in regular session at 10:05 a.m., Senator Boettger presiding. Prayer was offered by Nikki Peters, a junior from Marshalltown High School, who sang "They Could Not" and "The Lord's Prayer." She is the guest of Senator McKibben and recently released her first CD "Take It Away." The Journal of Friday, April 14, 2000, was approved. SPECIAL GUESTS Senator Szymoniak introduced Mr. Joachim Herrmann, member of the Bavarian Parliament, visiting Iowa with the International Relations Committee. Mr. Herrmann is a member of the Bavarian majority party, which is the Christian Social Union. Senator Kibbie introduced Dr. Fritz and Christa Lauritsch, from Austria, and their four daughters. Daughter, Lisa, was a foreign exchange student in Emmetsburg, Iowa. QUORUM CALL Senator Black requested a non-record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Zieman, until he arrives, on request of Senator Redwine. The Senate stood at ease at 10:52 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:26 a.m., President Kramer presiding. RECESS On motion of Senator Harper, the Senate recessed at 11:27 a.m., until 1:00 p.m. APPENDIX BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 14, 2000, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 324 - Relating to certain franchise agreements and the rights and responsibilities of the parties under such agreements. S.F. 2158 - Relating to the limitation on deposits which may be held by a depository institution or holding company and establishment of a procedure for determining compliance with such limitation, providing for the Act's applicability, and providing an effective date. S.F. 2248 - Relating to the college student aid commission's membership, duties, and authority, and related federal employment reports. S.F. 2254 - Relating to child support, immunity from liability for financial institutions relating to data matching and levies against accounts, including medical support and payment of costs to financial institutions for data matching and automation program development and providing for retroactive applicability. S.F. 2307 - Relating to public and workplace safety and wage collection laws administered by the labor commissioner, including changes in the regulation of boilers in places of public assembly and of elevator installers, and of employers under the wage payment collection law. S.F. 2416 - Relating to energy conservation including making appropriations of petroleum overcharge funds. GOVERNOR'S VETO MESSAGE April 14, 2000 Michael Marshall Secretary of the Senate State Capitol Building LOCAL Dear Mr. Marshall: I hereby transmit: I hereby transmit Senate File 2274, an Act declaring Executive Order number 7 and Executive Order number 11, enacted by this office on September 14, 1999, null and void. I am unable to approve Senate File 2274 and hereby transmit it to you in accordance with Article III, Section 16, of the Constitution of the State of Iowa. I am profoundly disappointed that the legislature has chosen to invest valuable state resources to draft, debate, and pass this bill. I have made it very clear from the outset that Executive Order number 7 and Executive Order number 11 constitute good state policy and are constitutionally sound. Both orders constitute the appropriate exercise of gubernatorial authority under Iowa law. Executive Order number 7 does not depart from the policy expressly stated in the Iowa Code, which states that "[i]t is the policy of this state to provide equal opportunity in state employment to all persons." It is unnecessary to submit the provisions set out in Executive Order number 7 to the general assembly for legislative approval. Any attempt by the legislature to portray this order as clandestine legislation fails to recognize that the executive branch may adopt policies that administer state statutes when such administration does not contravene those statutes. It also ignores the fact that the Iowa Senate followed a similar legal interpretation when it redrafted the Legislative Council's Affirmative Action Policy to provide protection to persons, regardless of sexual orientation, without presenting the new policy to the governor for approval through the ordinary course of the legislative process. Executive Order number 11 also constitutes a valid exercise of gubernatorial authority. Iowa law permits state agencies to waive their enforcement of agency rules in compliance with state and federal law. A number of state agencies currently issue waivers under certain circumstances. As the supreme executive magistrate for the state, the holder of this office possesses the legal authority to direct executive branch agencies to adopt a common waiver provision. By signing Senate File 2274 into law, I would disrupt the balance between our two branches of government by relinquishing authority vested within the executive branch. The executive orders send a clear message that all persons within the executive branch of state government will be afforded an equal opportunity in employment. They also ensure that individuals and businesses will benefit from an efficient, economical, and responsive state government. For the above reasons, I hereby respectfully disapprove of Senate File 2274. Sincerely, Thomas J. Vilsack Governor PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Middle school students from Oelwein, Iowa. Senator Rehberg. AFTERNOON SESSION The Senate reconvened at 1:17 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 39 present, 11 absent, and a quorum present. UNFINISHED BUSINESS (Deferred April 13, 2000) Senate File 2448 The Senate resumed consideration of Senate File 2448, a bill for an act establishing a health enhancement and value-added energy initiative, providing for revenues, the expenditure of moneys, and providing for penalties, deferred April 13, 2000. Senator Drake asked and received unanimous consent to withdraw amendment S-5392, filed by Senators Drake, et al., on April 12, 2000, to pages 1 and 9 of the bill. Senator Bartz offered amendment S-5432, filed him from the floor to pages 3, 11, and 12 of the bill, and moved its adoption. Amendment S-5432 was adopted by a voice vote. Senator Bartz and received unanimous consent to withdraw amendments S-5404, S-5405, and S-5410, filed by him on April 12, 2000, to page 4 of the bill. POINT OF PARLIAMENTARY INQUIRY (Senate File 2448) Senator Kibbie rose on a point of parliamentary inquiry that Senate File 2448, by the committee on Ways and Means, should be re-referred to the committee on Appropriations, pursuant to Senate Rule 38. The Chair ruled that the point was well taken. Senator Iverson asked and received unanimous consent that Senate File 2448 be re-referred from the Unfinished Business Calendar to the committee on Appropriations for the time certain period of ten minutes. RECESS On motion of Senator Iverson, the Senate recessed at 1:52 p.m., for the purpose of a meeting of the committee on Appropriations. RECONVENED The Senate reconvened at 2:18 p.m., President Kramer presiding. BILL RETURNED TO CALENDAR Pursuant to Senate Rule 13, Senate File 2448, re-referred to the committee on Appropriations on April 17, 2000, was returned to the Unfinished Business Calendar. The Senate stood at ease at 2:21 p.m. until the fall of the gavel for the purpose of a Democratic caucus. The Senate resumed session at 3:00 p.m., President Kramer presiding. POINT OF PARLIAMENTARY INQUIRY (Senate File 2448) Senator Hansen rose on a point of parliamentary inquiry requesting that research be done regarding "time certain referrals" and an explanation given to the body. The Chair stated that the subject will be researched and a future explanation given. BUSINESS PENDING Senate File 2448 The Senate resumed consideration of Senate File 2448, a bill for an act establishing a health enhancement and value-added energy initiative, providing for revenues, the expenditure of moneys, and providing for penalties. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Hammond, for the remainder of the day, on request of Senator Dvorsky. BUSINESS PENDING Senate File 2448 The Senate resumed consideration of Senate File 2448. 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?" (S.F. 2448), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 28: Angelo Bartz Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Nays, 20: Behn Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Absent or not voting, 2: Hammond Zieman 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 2448 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2428 Senator Schuerer called up for consideration Senate File 2428, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, and making related statutory changes, amended by the House, and moved that the Senate concur in House amendment S-5430, filed April 14, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Schuerer 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. 2428), the vote was: Ayes, 48: 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 McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 2: Hammond Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2449. Senate File 2449 On motion of Senator Boettger, Senate File 2449, a bill for an act relating to tobacco use prevention and control and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator Boettger asked and received unanimous consent to withdraw amendment S-5413, filed by the committee on Human Resources on April 13, 2000, to pages 1 and 3-14 of the bill. Senator Boettger offered amendment S-5440, filed by her from the floor to pages 1-14 of the bill. Senator Bolkcom asked and received unanimous consent that action on amendment S-5440 and Senate File 2449 be deferred. Senator Bolkcom withdrew his motion to defer. Senator Boettger moved the adoption of amendment S-5440. Amendment S-5440 was adopted by a voice vote. Senator Connolly asked and received unanimous consent to withdraw amendment S-5399, filed by him on April 13, 2000, to page 14 of the bill. Senator Boettger asked and received unanimous consent that House File 2565 be substituted for Senate File 2449. House File 2565 On motion of Senator Boettger, House File 2565, a bill for an act relating to tobacco use prevention and control and providing an effective date, was taken up for consideration. Senator Connolly offered amendment S-5438, filed by him from the floor to pages 1 and 15, and called for a division: Lines 1-9 as division S-5438A; and Lines 10-18 as division S-5438B. Senator Connolly withdrew division S-5438B. Senator Miller offered amendment S-5441, filed by him from the floor to page 1 of amendment S-5438. Senator Connolly raised the point of order that amendment S-5441 was not germane to the bill. The Chair ruled the point well taken and amendment S-5441 out of order. Senator Connolly moved the adoption of division S-5438A. Senator Boettger raised the point of order that division S-5438A was not germane to the bill. The Chair ruled the point well taken and division S-5438A out of order. Senator Connolly asked and received unanimous consent that action on House File 2565 be deferred. UNFINISHED BUSINESS House File 2474 On motion of Senator Tinsman, House File 2474, a bill for an act providing for the adoption of administrative rules requiring school districts and accredited nonpublic schools to adopt policies relating to health services, media services programs and guidance programs as part of the accreditation standards applicable to school districts, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator Connolly asked and received unanimous consent to withdraw amendment S-5166, filed by him on March 16, 2000, striking everything after the enacting clause and to the title page of the bill. With the withdrawal of amendment S-5166, the Chair ruled amendment S-5287, filed by Senator Connolly on March 28, 2000, to pages 1 and 2 of amendment S-5166, out of order. 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. 2474), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 1: Fink Absent or not voting, 3: Hammond Rife Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 2474 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 4:35 p.m., until 6:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 17, 2000, 1:53 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, and Soukup. Members Absent: Tinsman (excused). Committee Business: Discussed SF 2448. Adjourned: 2:09 p.m. RULES AND ADMINISTRATION Convened: April 17, 2000, 4:40 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, Redfern, Rehberg, and Rittmer. Members Absent: Lundby (excused). Committee Business: Passed SCR 119, SF 2454, HJR 2014, and HCR 121. Adjourned: 4:45 p.m. 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 17th day of April, 2000: Senate Files 2249, 2312, 2348, 2360, 2418, and 2420. 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 2348, the following correction was made: 1. Page 1, line 23, the words ""land form"" were changed to the word "landform". MICHAEL E. MARSHALL Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 17, 2000, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2079 - 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.F. 2366 - Relating to the purchase, possession, and sale of cigarettes and tobacco products and providing penalties. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fifth grade students from Pleasant View School, Pleasant Valley, accompanied by Mr. Mark Wilson. Senators Rittmer and Tinsman. INTRODUCTION OF BILL Senate File 2454, by Iverson and Gronstal, a bill for an act relating to the designation of a "Bill of Rights Day". Read first time under Rule 28 and referred to committee on Rules and Administration. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2428 passed the Senate on April 17, 2000. STEWART E. IVERSON, JR. AMENDMENTS FILED S-5432 S.F. 2448 Merlin E. Bartz S-5433 H.F. 2351 JoAnn Johnson S-5434 S.F. 2447 Jeff Lamberti S-5435 S.F. 2453 Jeff Lamberti S-5436 S.F. 2453 Jeff Lamberti S-5437 S.F. 2447 Neal Schuerer Mary A. Lundby John W. Jensen David Miller Jerry Behn H. Kay Hedge Steve King John P. Kibbie John Judge Bill Fink Ken Veenstra Nancy Boettger Kitty Rehberg Richard F. Drake Patricia Harper Steve Hansen S-5438 H.F. 2565 Michael W. Connolly S-5439 H.F. 2565 Nancy Boettger S-5440 S.F. 2449 Nancy Boettger S-5441 H.F. 2565 David Miller S-5442 H.F. 2351 Neal Schuerer Robert E. Dvorsky S-5443 H.F. 2565 Michael W. Connolly S-5444 H.F. 2557 John Redwine Betty A. Soukup S-5445 H.F. 2565 Joe Bolkcom S-5446 H.F. 2565 Joe Bolkcom Robert E. Dvorsky EVENING SESSION The Senate reconvened at 6:43 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 42 present, 8 absent, and a quorum present. HOUSE AMENDMENT DEFERRED Senate File 2430 Senator Behn called up for consideration Senate File 2430, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates, amended by the House in House amendment S-5431, filed April 14, 2000. Senator Behn offered amendment S-5448, filed by Senators Behn, McLaren, and Black from the floor to pages 1-6 of House amendment S-5431, and moved its adoption. Amendment S-5448 was adopted by a voice vote. Senator Fink offered amendment S-5451, filed by him from the floor to page 1 of House amendment S-5431. Senator Fink asked and received unanimous consent that action on amendment S-5451 to House amendment S-5431 and Senate File 2430 be deferred. HOUSE AMENDMENT DEFERRED Senate File 2429 Senator Rife called up for consideration Senate File 2429, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates and retroactive applicability provisions, amended by the House in House amendment S-5415, filed April 13, 2000. Senator Rife offered amendment S-5452, filed by him from the floor to page 1 of House amendment S-5415. Senator Hansen called for a division of amendment S-5452: Lines 1-25 as division S-5452A; and Lines 26-49 as division S-5452B. Senator Rife moved the adoption of division S-5452A. Division S-5452A was adopted by a voice vote. Senator Hansen raised the point of order that division S-5452B was not germane to the bill. The Chair ruled the point well taken and division S-5452B out of order. Senator Rife asked and received unanimous consent that action on House amendment S-5415 and Senate File 2429 be deferred. BUSINESS PENDING Senate File 2430 The Senate resumed consideration of Senate File 2430, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates, and amendment S-5451 to House amendment S-5431, previously deferred. Senator Fink asked and received unanimous consent to withdraw amendment S-5451, filed by him from the floor to page 1 of House amendment S-5431. Senator Behn 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 Behn 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. 2430), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 1: Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Files 2557 and 2561. House File 2557 On motion of Senator Redwine, House File 2557, a bill for an act 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, with report of committee recommending amendment and passage, was taken up for consideration. Senator Redwine offered amendment S-5396, filed by the committee on Ways and Means on April 12, 2000, to page 1 of the bill, and moved its adoption. Amendment S-5396 was adopted by a voice vote. Senator Redwine offered amendment S-5444, filed by Senators Redwine and Soukup from the floor to page 1 of the bill, and moved its adoption. Amendment S-5444 was adopted by a voice vote. Senator Lundby asked and received unanimous consent that action on House File 2557 be deferred. House File 2561 On motion of Senator Hedge, House File 2561, a bill for an act providing for interest on delinquent assessments payable to the Iowa egg council, with report of committee recommending passage, 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. 2561), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 1: Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 2561 be immediately messaged to the House. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2438. Senate File 2438 On motion of Senator Bartz, Senate File 2438, a bill for an act relating to the creation of a water quality district, providing for the levy of a tax, and providing for other properly related matters, was taken up for consideration. Senator Bartz offered amendment S-5343, filed by him on April 5, 2000, to pages 1-3 of the bill, and moved its adoption. Amendment S-5343 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?" (S.F. 2438), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 1: Zieman 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 2541. House File 2541 On motion of Senator Bartz, House File 2541, a bill for an act expanding the number of counties that may designate unincorporated areas containing private lakes as rural improvement zones and setting the limits for the standby taxes imposed in those zones, with report of committee recommending passage, 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. 2541), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 1: Zieman 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 2438 and House File 2541 be immediately messaged to the House. Senator Boettger took the chair at 8:10 p.m. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2447. Senate File 2447 On motion of Senator Lamberti, Senate File 2447, a bill for an act providing financial assistance to communities and school districts by creating a school infrastructure program and fund, continuing the community attraction and tourism development program and fund, creating a vision Iowa board, creating a vision Iowa program and fund, providing bonding authority to the treasurer of state, and exempting certain income from taxation, with report of committee recommending amendment and passage, was taken up for consideration. Senator Lamberti offered amendment S-5371, filed by the committee on Ways and Means on April 6, 2000, to pages 16-18 and 20 of the bill, and moved its adoption. Amendment S-5371 was adopted by a voice vote. Senator Lamberti offered amendment S-5434, filed by him from the floor to pages 1-5, 7-16, 21-23, and to the title page of the bill, and moved its adoption. Amendment S-5434 was adopted by a voice vote. Senator McLaren offered amendment S-5458, filed by him from the floor to page 3 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5458 be adopted?" (S.F. 2447) the vote was: Ayes, 34: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Jensen Judge Kibbie King Lamberti McCoy McKean McLaren Miller Redfern Redwine Rehberg Rife Shearer Soukup Szymoniak Nays, 15: Angelo Behn Boettger Drake Iverson Johnson Kramer Lundby Maddox McKibben Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 1: Zieman Amendment S-5458 was adopted. Senator Rehberg offered amendment S-5447, filed by her from the floor to pages 4-6, and called for a division: Page 1, lines 2-18 and page 2, lines 5-9, as division S-5447A; and Page 1, lines 19-50 and page 2, lines 1-4, and 10 as division S-5447B. Senator Rehberg withdrew division S-5447A. Senator Rehberg moved the adoption of division S-5447B. Division S-5447B lost by a voice vote. Senator Schuerer offered amendment S-5437, filed by Senators Schuerer, et al., from the floor to page 6 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5437 be adopted?" (S.F. 2447) the vote was: Ayes, 16: Bartz Behn Boettger Fink Hansen Harper Hedge Jensen Judge Kibbie King Lundby McLaren Miller Rehberg Veenstra Nays, 33: Angelo Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Horn Iverson Johnson Kramer Lamberti Maddox McCoy McKean McKibben Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Absent or not voting, 1: Zieman Amendment S-5437 lost. With the adoption of amendment S-5434, the Chair ruled amendment S-5418, filed by Senators Lundby, et al., on April 13, 2000, to pages 6, 9, and 13 of the bill, out of order. Senator Lundby offered amendment S-5420, filed by Senators Lundby, et al., on April 13, 2000, to page 7 of the bill, and moved its adoption. Amendment S-5420 lost by a voice vote. Senator Redfern offered amendment S-5453, filed by him from the floor to page 7 of the bill, and moved its adoption. Amendment S-5453 lost by a voice vote. Senator Redfern offered amendment S-5460, filed by him from the floor to pages 8 and 9 of the bill, and moved its adoption. Amendment S-5460 was adopted by a voice vote. Senator Lundby asked and received unanimous consent to withdraw amendment S-5421, filed by Senators Lundby, et al., on April 13, 2000, to page 9 of the bill. Senator Lundby offered amendment S-5419, filed by Senators Lundby, et al., on April 13, 2000, to page 9 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 13, nays 32. Amendment S-5419 lost. Senator Redfern offered amendment S-5454, filed by him from the floor to page 13 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5454 be adopted?" (S.F. 2447) the vote was: Ayes, 20: Boettger Deluhery Drake Flynn Fraise Freeman Harper Hedge Jensen Judge Kibbie King McLaren Miller Redfern Redwine Rehberg Rife Soukup Veenstra Nays, 29: Angelo Bartz Behn Black Bolkcom Connolly Dearden Dvorsky Fink Gaskill Gronstal Hammond Hansen Horn Iverson Johnson Kramer Lamberti Lundby Maddox McCoy McKean McKibben Rittmer Schuerer Sexton Shearer Szymoniak Tinsman Absent or not voting, 1: Zieman Amendment S-5454 lost. Senator McLaren offered amendment S-5455, filed by him from the floor to page 13 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5455 be adopted?" (S.F. 2447) the vote was: Ayes, 20: Boettger Deluhery Flynn Fraise Freeman Hansen Harper Hedge Jensen Judge Kibbie King McLaren Miller Redfern Redwine Rehberg Rife Soukup Veenstra Nays, 29: Angelo Bartz Behn Black Bolkcom Connolly Dearden Drake Dvorsky Fink Gaskill Gronstal Hammond Horn Iverson Johnson Kramer Lamberti Lundby Maddox McCoy McKean McKibben Rittmer Schuerer Sexton Shearer Szymoniak Tinsman Absent or not voting, 1: Zieman Amendment S-5455 lost. Senator McKean offered amendment S-5470, filed by Senators McKean and Black from the floor to pages 5 and 8 of the bill, and moved its adoption. Amendment S-5470 lost by a voice vote. Senator Kibbie offered amendment S-5465, filed by Senators Kibbie and Fraise from the floor to page 6 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 16, nays 29. Amendment S-5465 lost. Senator McKean asked and received unanimous consent to withdraw amendment S-5463, filed by Senators McKean and Black from the floor to page 8 of the bill. Senator Redfern offered amendment S-5468, filed by him from the floor to page 9 of the bill, and moved its adoption. Amendment S-5468 lost by a voice vote. Senator Lundby asked and received unanimous consent to withdraw amendment S-5462, filed by Senators Lundby and Black from the floor to page 13 of the bill. Senator Lamberti offered amendment S-5467, filed by him from the floor to pages 16 and 22 of the bill. Senator Connolly asked and received unanimous consent to withdraw amendment S-5471, filed by him from the floor to page 1 of amendment S-5467. Senator Connolly offered amendment S-5472, filed by him from the floor to page 1 of amendment S-5467, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5472 be adopted?" (S.F. 2447) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 1: Zieman Amendment S-5472 lost. Senator Lamberti offered amendment S-5469, filed by him from the floor to page 3 of amendment S-5467, and moved its adoption. Amendment S-5469 was adopted by a voice vote. Senator Lamberti moved the adoption of amendment S-5467, as amended. Amendment S-5467 was adopted by a voice vote. Senator Lamberti offered amendment S-5466, filed by him from the floor to page 21 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 29, nays 14. Amendment S-5466 was adopted. Senator Schuerer withdrew the following motion to reconsider filed from the floor: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5437 to Senate File 2447 failed to be adopted by the Senate on April 17, 2000. Senator Lamberti moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2447), the vote was: Ayes, 40: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gaskill Gronstal Hammond Hansen Harper Horn Iverson Johnson Judge Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 9: Drake Freeman Hedge Jensen King McLaren Redwine Rehberg Rife Absent or not voting, 1: Zieman 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 File 2447 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 17, 2000, passed the following bills in which the concurrence of the House was asked: Senate File 2419, a bill for an act providing for limitations on investments by city hospitals. Senate File 2444, a bill for an act relating to the taxation of property used by the Iowa national guard. ALSO: That the House has on April 17, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2433, a bill for an act relating to community college governance. ALSO: That the House has on April 17, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2563, a bill for an act exempting from the sales and use taxes the gross receipts from all sales of goods and services used in fulfillment of a construction contract for a nonprofit hospital, providing for refunds, and including an effective and retroactive applicability date provision. Read first time and referred to committee on Ways and Means. House File 2569, a bill for an act exempting the sale of livestock ear tags by certain nonprofit organizations from the sales and use taxes. Read first time and referred to committee on Ways and Means. House File 2570, a bill for an act exempting the increase in assessed value of a farm structure due to improvements made to the structure to preserve it as a barn. Read first time and referred to committee on Ways and Means. House File 2573, a bill for an act relating to eligibility for United States armed forces retired special motor vehicle license plates. Read first time and referred to committee on Transportation. ALSO: That the House has on April 17, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2450, a bill for an act relating to the compensation and benefits for public officials and employees, providing for related matters, and making appropriations.(S-5449) ALSO: That the House has on April 17, 2000, refused to concur in the Senate amendment to the following bill in which the concurrence of the House was 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. 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 17, 2000 DEPARTMENT OF PUBLIC HEALTH Iowa Termination of Pregnancy Report, March 2000. MOTION TO RECONSIDER MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2430 passed the Senate on April 17, 2000. JACK RIFE INTRODUCTION OF RESOLUTION Senate Resolution 119, by McLaren, Iverson, and Gronstal, a resolution recognizing the contribution of a singular farm employee for his contribution to the Senate during the 2000 Session of the Seventy-eighth General Assembly. Read first time under Rule 28 and referred to committee on Rules and Administration. STUDY BILL RECEIVED SSB 3235 Ways and Means Relating to certification of the need for the physical plant and equipment property tax levy in certain urban renewal areas and providing an applicability date. SUBCOMMITTEE ASSIGNMENTS House File 2563 WAYS AND MEANS: Maddox, Chair; Flynn and Johnson House File 2569 WAYS AND MEANS: Hedge, Chair; Deluhery and Johnson House File 2570 WAYS AND MEANS: Bartz, Chair; McKibben and Soukup SSB 3235 WAYS AND MEANS: Johnson, Chair; Connolly and McKibben COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 119, a concurrent resolution relating to a study of the issues involving railroad rights-of-way crossings by utilities. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2454, a bill for an act relating to the designation of a "Bill of Rights Day". Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE JOINT RESOLUTION 2014, a joint resolution authorizing the temporary use and consumption of wine in the State Capitol in conjunction with the awards ceremony of the World Food Prize Foundation. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 121, a concurrent resolution to urge and petition the United States Department of Agriculture to make lands which are under the conservation reserve program eligible for grazing by livestock. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5447 S.F. 2447 Kitty Rehberg S-5448 S.F. 2430 Jerry Behn Derryl McLaren Dennis H. Black S-5449 S.F. 2450 House S-5450 H.F. 2565 Michael W. Connolly S-5451 S.F. 2430 Bill Fink S-5452 S.F. 2429 Jack Rife S-5453 S.F. 2447 Donald B. Redfern S-5454 S.F. 2447 Donald B. Redfern S-5455 S.F. 2447 Derryl McLaren S-5456 H.F. 2565 Gene Maddox S-5457 S.F. 2452 Merlin E. Bartz S-5458 S.F. 2447 Derryl McLaren S-5459 S.F. 2452 Derryl McLaren S-5460 S.F. 2447 Donald B. Redfern S-5461 H.F. 2565 David Miller S-5462 S.F. 2447 Mary A. Lundby Dennis H. Black S-5463 S.F. 2447 Andy McKean Dennis H. Black S-5464 H.F. 2565 David Miller S-5465 S.F. 2447 John P. Kibbie Eugene Fraise S-5466 S.F. 2447 Jeff Lamberti S-5467 S.F. 2447 Jeff Lamberti S-5468 S.F. 2447 Donald B. Redfern S-5469 S.F. 2447 Jeff Lamberti S-5470 S.F. 2447 Andy McKean Dennis H. Black S-5471 S.F. 2447 Michael W. Connolly S-5472 S.F. 2447 Michael W. Connolly ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 12:56 a.m., until 10:00 a.m., Tuesday, April 18, 2000. 1178 JOURNAL OF THE SENATE 59th Day 59th Day TUESDAY, APRIL 18, 2000 1179
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