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ONE-HUNDRED AND FIRST CALENDAR DAY SIXTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 19, 2000 The Senate met in regular session at 9:02 a.m., President Kramer presiding. Prayer was offered by Senator Mike Connolly from Dubuque, Iowa. The Journal of Tuesday, April 18, 2000, was approved. SPECIAL PRESENTATION Senator Jensen presented Senator Drake with a 50 mile per hour speed limit sign in appreciation of his dedication to highway safety in Iowa and in recognition of the 50th wedding anniversary of Senator Drake and his wife, Shirley Drake. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy, until he arrives, on request of Senator Fraise. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2455. Senate File 2455 On motion of Senator Drake, Senate File 2455, a bill for an act relating to eligibility for United States armed forces retired special motor vehicle license plates, 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?" (S.F. 2455), 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 Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 2: McCoy Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS Senate File 2345 On motion of Senator King, Senate File 2345, a bill for an act relating to the determination of fair value of the shares of dissenting shareholders of a bank or bank holding company, placed on the Unfinished Business Calendar on March 22, 2000, was taken up for consideration. Senator King asked and received unanimous consent that House File 2197 be substituted for Senate File 2345. House File 2197 On motion of Senator King, House File 2197, a bill for an act relating to the determination of fair value of the shares of dissenting shareholders of a bank or bank holding company, was taken up for consideration. Senator King 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. 2197), 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 Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 2: McCoy Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator King asked and received unanimous consent that Senate File 2345 be withdrawn from further consideration of the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Zieman, for the day, on request of Senator Hedge. IMMEDIATELY MESSAGED Senator Hedge asked and received unanimous consent that Senate File 2455 and House File 2197 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen, until he returns, on request of Senator Redfern. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2453. Senate File 2453 On motion of Senator Freeman, Senate File 2453, a bill for an act relating to and making appropriations from the rebuild Iowa infrastructure fund to state departments and agencies, including the department for the blind, the department of corrections, the department of cultural affairs, the department of economic development, the department of general services, the judicial branch, the department of public safety, the state board of regents, the state department of transportation, the office of treasurer of state, and the commission of veterans affairs, creating an environment first fund and making appropriations from that fund for environmental purposes, making related Code language changes, and providing effective dates, was taken up for consideration. The Senate stood at ease at 9:34 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:25 a.m., President Kramer presiding. Senator Lamberti asked and received unanimous consent to withdraw amendment S-5435, filed by him on April 17, 2000, to pages 1, 7, and 8 of the bill. Senator Connolly offered amendment S-5490, filed by him on April 18, 2000, to page 1 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5490 be adopted?" (S.F. 2453) the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5490 lost. Senator Connolly offered amendment S-5504, filed by him from the floor to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5504 be adopted?" (S.F. 2453), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5504 lost. Senator Lamberti asked and received unanimous consent to withdraw amendment S-5436, filed by him on April 17, 2000, to pages 2 and 7-9 of the bill. Senator Kibbie offered amendment S-5491, filed by Senators Kibbie and Deluhery on April 18, 2000, to page 3 of the bill. Senator Kibbie asked and received unanimous consent to withdraw amendment S-5491. Senator Freeman asked and received unanimous consent to withdraw amendment S-5498, filed by her from the floor to pages 3, 4, 6, and 9 of the bill. Senator Deluhery offered amendment S-5489, filed by Senators Deluhery, et al., on April 18, 2000, to page 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5489 be adopted?" (S.F. 2453), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5489 lost. Senator Deluhery offered amendment S-5486, filed by Senators Deluhery, et al., on April 18, 2000, to pages 3 and 4 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5486 be adopted?" (S.F. 2453), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5486 lost. Senator Judge offered amendment S-5493, filed by Senators Judge, et al., on April 18, 2000, to page 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5493 be adopted?" (S.F. 2453), the vote was: Ayes, 20: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Shearer Soukup Szymoniak Nays, 28: Angelo Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5493 lost. Senator Connolly offered amendment S-5505, filed by him from the floor to pages 3 and 6 of the bill. Senator Connolly asked and received unanimous consent that action on amendment S-5505 be deferred. Senator Connolly asked and received unanimous consent to withdraw amendment S-5503, filed by him from the floor to page 4 of the bill. Senator Harper offered amendment S-5488, filed by Senators Harper and Bolkcom on April 18, 2000, to page 8 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5488 be adopted?" (S.F. 2453), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5488 lost. Senator Lamberti asked and received unanimous consent to withdraw amendment S-5496, filed by him on April 18, 2000, to pages 9, 17, 19, and to the title page of the bill. With the withdrawal of amendment S-5496, the Chair ruled amendment S-5500, filed by Senator Lamberti from the floor to page 1 of amendment S-5496, out of order. Senator Lamberti offered amendment S-5512, filed by him from the floor to pages 9, 17, 19, and to the title page of the bill. Senator Lamberti asked and received unanimous consent to withdraw amendment S-5513, filed by him from the floor to page 1 of amendment S-5512. Senator Lamberti moved the adoption of amendment S-5512. Amendment S-5512 was adopted by a voice vote. Senator Dvorsky offered amendment S-5494, filed by Senators Dvorsky, Hammond, and Bolkcom on April 18, 2000, to page 10 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5494 be adopted?" (S.F. 2453), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Redfern Rife Shearer Soukup Szymoniak Nays, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5494 lost. Senator Fink offered amendment S-5487, filed by Senators Fink, et al., on April 18, 2000, to pages 11 and 16 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5487 be adopted?" (S.F. 2453), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Jensen Zieman Amendment S-5487 lost. Senator Boettger took the chair at 12:33 p.m. Senator Black offered amendment S-5492, filed by Senators Black, et al., on April 18, 2000, to page 17 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5492 be adopted?" (S.F. 2453), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie King Lundby McCoy McKean Shearer Soukup Szymoniak Nays, 25: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson Kramer Lamberti Maddox McKibben McLaren Miller Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Redfern Zieman Amendment S-5492 lost. Senator Connolly offered amendment S-5506, filed by him from the floor to page 17 of the bill, and moved its adoption. Amendment S-5506 lost by a voice vote. Senator Connolly offered amendment S-5502, filed by him from the floor to page 17 of the bill, and moved its adoption. Amendment S-5502 lost by a voice vote. The Senate resumed consideration of amendment S-5505, previously deferred. Senator Connolly offered amendment S-5519, filed by him from the floor to page 1 of amendment S-5505, and moved its adoption. Amendment S-5519 was adopted by a voice vote. Senator Connolly moved the adoption of amendment S-5505, as amended. Amendment S-5505 was adopted by a voice vote. Senator Freeman offered amendment S-5516, filed by her from the floor to pages 3, 4, and 6, and called for a division: Lines 2-32, and lines 36 and 37 as division S-5516A; and Lines 33-35 as division S-5516B. Senator Freeman withdrew division S-5516B. Senator Freeman moved the adoption of division S-5516A. Division S-5516A was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer, until she returns, on request of Senator Iverson. BUSINESS PENDING Senate File 2453 The Senate resumed consideration of Senate File 2453. Senator Freeman 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. 2453), the vote was: Ayes, 39: Angelo Bartz Behn Boettger Connolly Dearden Drake Flynn Fraise Freeman Gaskill Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Nays, 9: Black Bolkcom Deluhery Dvorsky Fink Gronstal Hammond Hansen Shearer Absent or not voting, 2: Kramer Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. 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 19, 2000, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 109, a concurrent resolution requesting that the Governor annually designate the week in June beginning with Father's Day, as prostate cancer awareness week. Read first time and referred to committee on Rules and Administration. ALSO: That the House has on April 19, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on April 19, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2144, a bill for an act relating to regulation and inspection of health care facilities including the establishment of a quality-based inspections system.(S-5517) IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2453 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 1:01 p.m., until 2:00 p.m. APPENDIX EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on April 18, 2000, when the votes were taken on Senate Files 2450, 2454, and House File 2550. Had I been present, I would have voted "Aye" on all. JEFF ANGELO PETITION The following petition was presented and placed on file: From 150 residents of Johnson and Linn counties favoring legislation that would discontinue the horsepower restrictions on Lake MacBride. Senator Bartz. INTRODUCTION OF BILLS Senate File 2459, by committee on Ways and Means, a bill for an act relating to the deadline for municipalities to file annual financial reports for urban renewal areas. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 2460, by committee on Ways and Means, a bill for an act relating to sales tax exemptions for fuel used in certain activities related to agriculture, providing an effective date, and making provisions retroactively applicable. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 2461, by Iverson, a bill for an act creating a tobacco settlement authority Act, authorizing the issuance of bonds, and providing an effective date. Read first time under Rule 28 and referred to committee on Judiciary. COMMITTEE REPORTS WAYS AND MEANS Final Bill Action: *SENATE FILE 2459 (SSB 3237), a bill for an act relating to the deadline for municipalities to file annual financial reports for urban renewal areas. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, none. Absent or not voting, none. 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 2459, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2460 (Formerly SF 2178), a bill for an act relating to sales tax exemptions for fuel used in certain activities related to agriculture, providing an effective date, and making provisions retroactively applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, none. Absent or not voting, none. 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 2460, and they were attached to the committee report. AMENDMENTS FILED S-5498 S.F. 2453 Mary Lou Freeman S-5499 H.F. 2565 Michael W. Connolly S-5500 S.F. 2453 Jeff Lamberti S-5501 H.F. 2205 Larry McKibben Donald B. Redfern Andy McKean Derryl McLaren Jeff Angelo Wally E. Horn Gene Maddox John P. Kibbie Matt McCoy Nancy Boettger S-5502 S.F. 2453 Michael W. Connolly S-5503 S.F. 2453 Michael W. Connolly S-5504 S.F. 2453 Michael W. Connolly S-5505 S.F. 2453 Michael W. Connolly S-5506 S.F. 2453 Michael W. Connolly S-5507 S.F. 2395 Robert E. Dvorsky S-5508 S.F. 2395 Robert E. Dvorsky S-5509 S.F. 2395 Robert E. Dvorsky S-5510 S.F. 2395 Patrick J. Deluhery S-5511 S.F. 2395 Patrick J. Deluhery S-5512 S.F. 2453 Jeff Lamberti S-5513 S.F. 2453 Jeff Lamberti S-5514 S.F. 2395 Robert E. Dvorsky S-5515 H.F. 2205 Steve King Joe Bolkcom S-5516 S.F. 2453 Mary Lou Freeman S-5517 S.F. 2144 House S-5518 H.F. 2565 Michael W. Connolly S-5519 S.F. 2453 Michael W. Connolly S-5520 H.F. 2540 Matt McCoy Bill Fink Joe Bolkcom Robert E. Dvorsky Betty A. Soukup Elaine Szymoniak Dick Dearden Patricia Harper S-5521 H.F. 2540 Matt McCoy Bill Fink Joe Bolkcom Mark Shearer Robert E. Dvorsky Elaine Szymoniak Betty A. Soukup Dick Dearden Patricia Harper S-5522 H.F. 2545 Matt McCoy S-5523 H.F. 2205 Steve King S-5524 H.F. 2205 JoAnn Johnson S-5525 H.F. 2555 Ken Veenstra S-5526 H.F. 2549 Ken Veenstra H. Kay Hedge Neal Schuerer Steve King AFTERNOON SESSION The Senate reconvened at 2:12 p.m., President Kramer presiding. QUORUM CALL Senator Freeman requested a non-record roll call to determine that a quorum was present. The vote revealed 31 present, 19 absent, and a quorum present. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House Joint Resolution 2014. House Joint Resolution 2014 On motion of Senator Iverson, 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, with report of committee recommending passage, was taken up for consideration. Senator Iverson 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. 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. Section 1. Notwithstanding 401 IAC 1.6(6) and any contrary provisions of chapter 123, prohibiting the use and consumption of alcoholic beverages in public places, wine may be used and consumed within the State Capitol at an awards ceremony, to be held on or around October 12, 2000, hosted and organized in whole or in part by the World Food Prize Foundation if the person providing the food and wine at the awards ceremony possesses an appropriate valid liquor control license. For the purpose of this section and section 123.95, the State Capitol is a private place. On the question "Shall the resolution be adopted?" (H.J.R. 2014), the vote was: Yeas, 43: Angelo Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, 2: Bartz McKean Absent or not voting, 5: Dearden Gaskill Gronstal Rittmer Zieman The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gaskill, until he arrives, on request of Senator Sexton. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2569. House File 2569 On motion of Senator Hedge, 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, 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. 2569), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Soukup Tinsman Veenstra Nays, 5: Dearden Lundby McCoy Shearer Szymoniak Absent or not voting, 2: Gaskill Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred April 17, 2000) House File 2557 The Senate resumed consideration of 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 and requiring the filing of rules setting requirements and conditions for hiring independent auditors, deferred April 17, 2000. Senator Redwine 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. 2557), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Flynn Freeman Gaskill Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Nays, 20: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Gronstal Hammond Hansen Harper Hedge Horn Kibbie Miller Shearer Soukup Szymoniak 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 Files 2557 and 2569 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred April 17, 2000) House File 2565 The Senate resumed consideration of House File 2565, a bill for an act relating to tobacco use prevention and control and providing an effective date, deferred April 17, 2000. With the previous ruling of germaneness on division S-5438A, the Chair ruled amendment S-5443, filed by Senator Connolly on April 17, 2000, to page 1 of the bill, out of order. Senator Connolly offered amendment S-5450, filed by him on April 17, 2000, to page 1 of the bill. Senator Boettger raised the point of order that amendment S-5450 was not germane to the bill. The Chair ruled the point well taken and amendment S-5450 out of order. Amendment S-5461, filed by Senator Miller on April 17, 2000, to amendment S-5450, was out of order. Senator Connolly offered amendment S-5499, filed by him from the floor to page 1 of the bill. Senator Boettger raised the point of order that amendment S-5499 was not germane to the bill. The Chair ruled the point well taken and amendment S-5499 out of order. Amendment S-5518, filed by Senator Connolly from the floor to amendment S-5499, was out of order. Senator Bolkcom offered amendment S-5446, filed by Senators Bolkcom and Dvorsky on April 17, 2000, to page 1 of the bill. Senator Redfern took the chair at 3:42 p.m. Senator Bolkcom moved the adoption of amendment S-5446. A record roll call was requested. On the question "Shall amendment S-5446 be adopted?" (H.F. 2565), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Horn Judge Kibbie McCoy Shearer Soukup Szymoniak Nays, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Harper 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-5446 lost. Senator Connolly asked and received unanimous consent to withdraw amendment S-5495, filed by him on April 18, 2000, to page 3 of the bill. Senator Miller asked and received unanimous consent to withdraw amendment S-5464, filed by him on April 17, 2000, to page 10 of the bill. Senator Boettger asked and received unanimous consent to withdraw amendment S-5439, filed by her on April 17, 2000, to pages 10 and 14 of the bill. Senator Maddox asked and received unanimous consent to withdraw amendment S-5456, filed by him on April 17, 2000, to page 14 of the bill. Senator Bolkcom asked and received unanimous consent to withdraw amendment S-5445, filed by him on April 17, 2000, to page 14 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Hammond, until she returns, on request of Senator Bolkcom. BUSINESS PENDING House File 2565 The Senate resumed consideration of House File 2565. Senator Boettger 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. 2565), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger 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, 1: Bolkcom 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. WITHDRAWN Senator Boettger asked and received unanimous consent that Senate File 2449 be withdrawn from further consideration of the Senate. SPECIAL GUESTS Senator Miller welcomed Svetlana Zadoya from Krasnodarsky Kray, in the southern region of Russia. She holds a four-year teaching degree from Russia and is now a second-year student at Iowa Central Community College in Fort Dodge, working towards a bachelor's degree in computer programming or computer design. Ms. Zadoya is accompanied by Dave Drissell, Chair of Social Sciences. IMMEDIATELY MESSAGED Senator Hedge asked and received unanimous consent that House File 2565 and House Joint Resolution 2014 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Redwine, until he returns, on request of Senator Schuerer. UNFINISHED BUSINESS House File 2206 On motion of Senator King, House File 2206, a bill for an act providing for the waiver or variance of administrative rules by state agencies, with report of committee recommending passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator King offered amendment S-5416, filed by Senators King and Lamberti on April 13, 2000, to page 3 of the bill. Senator Connolly raised the point of order that amendment S-5416 was not germane to the bill. Senator Connolly withdrew his point of order. Senator King asked and received unanimous consent to withdraw amendment S-5416. Senator King 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. 2206), 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 Hedge asked and received unanimous consent that House File 2206 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 2425 On motion of Senator Lamberti, Senate File 2425, a bill for an act providing an assistive device tax credit under the individual and corporate taxes for the acquisition or modification of assistive technology or the modification of the workplace in order to assist persons with a disability in the workplace, limiting the total amount of credits allowed, and including an effective and retroactive applicability date provision, placed on the Unfinished Business Calendar on March 16, 2000, was taken up for consideration. 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. 2425), 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 2425 be immediately messaged to the House. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 114. Senate Concurrent Resolution 114 On motion of Senator Iverson, Senate Concurrent Resolution 114, 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, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 114, which motion prevailed by a voice vote. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 116. Senate Concurrent Resolution 116 On motion of Senator Iverson, Senate 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 Old Capitol as a symbol for the state, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 116, which motion prevailed by a voice vote. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Concurrent Resolution 15. House Concurrent Resolution 15 On motion of Senator Iverson, House Concurrent Resolution 15, 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, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 15, which motion prevailed by a voice vote. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Concurrent Resolution 116. House Concurrent Resolution 116 On motion of Senator Iverson, 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, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 116, which motion prevailed by a voice vote. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Concurrent Resolution 103. House Concurrent Resolution 103 On motion of Senator Iverson, House Concurrent Resolution 103, a concurrent resolution relating to the fair treatment of women in the drafting of wills and trusts by estate planners, trust officers, investment advisers, and other financial planners and advisers, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 103, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolutions 114, 116, House Concurrent Resolutions 15, 103, and 116 be immediately messaged to the House. President Kramer took the chair at 5:14 p.m. UNFINISHED BUSINESS House File 2205 On motion of Senator King, House File 2205, a bill for an act relating to electronic commerce by establishing requirements for electronic transactions and electronic records and providing penalties, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on March 23, 2000, was taken up for consideration. Senator King offered amendment S-5162, filed by the committee on Commerce on March 15, 2000, to pages 4, 15, and 17 of the bill. Senator McKibben asked and received unanimous consent that action on amendment S-5162 and House File 2205 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 5:23 p.m., until 6:15 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 19, 2000 IOWA CIVIL RIGHTS COMMISSION FY 1999 Annual Report of the Civil Rights Commission, as pursuant to Iowa Code section 216. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Alison Mostrom, West Des Moines - For receiving a 2000 Prudential Spirit of Community Award and for your outstanding volunteer service to your community. Senator Kramer (04/19/00). Matthew Ternus, Vinton - For receiving a 2000 Prudential Spirit of Community Award and for your outstanding volunteer service to your community. Senator Kramer (04/19/00). REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 19, 2000, 1:35 p.m. Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Members Absent: Kramer, Vice Chair (excused). Committee Business: Passed HFs 2545, 2549, 2552, 2554, and 2555. Adjourned: 1:55 p.m. SUBCOMMITTEE ASSIGNMENT House File 2555 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 2545, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. Recommendation: DO PASS. Final Vote: Ayes, 14: McLaren, Behn, Freeman, Hedge, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Rife, Schuerer, and Tinsman. Nays, 9: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Horn, McCoy, and Soukup. Absent or not voting, 2: Kramer and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2549, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing for retroactive applicability and effective dates. Recommendation: DO PASS. Final Vote: Ayes, 14: McLaren, Behn, Freeman, Hedge, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Rife, Schuerer, and Tinsman. Nays, 9: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Horn, McCoy, and Soukup. Absent or not voting, 2: Kramer and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 14: McLaren, Behn, Freeman, Hedge, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Rife, Schuerer, and Tinsman. Nays, 9: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Horn, McCoy, and Soukup. Absent or not voting, 2: Kramer and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2554, a bill for an act relating to and making appropriations to the judicial branch. Recommendation: DO PASS. Final Vote: Ayes, 23: McLaren, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2: Kramer and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2555, a bill for an act relating to and making appropriations from the tobacco settlement fund, providing an effective date, and providing for retroactive applicability. Recommendation: DO PASS. Final Vote: Ayes, 24: McLaren, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 1: Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 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 19th day of April, 2000: Senate Files 2143, 2146, 2308, 2313, 2329, and 2450. 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 engrossing Senate File 2453, the following corrections were made: 1. Page 21, line 30, the words and numbers "Sections 100, 101, 102, 103, and 104" were changed to the words and numbers "Sections 17, 29, 30, 31, and 36". MICHAEL E. MARSHALL Secretary of the Senate AMENDMENTS FILED S-5527 H.F. 2545 Jack Rife Dennis H. Black Matt McCoy S-5528 H.F. 2540 Bill Fink S-5529 H.F. 2205 JoAnn Johnson S-5530 S.F. 419 Richard F. Drake S-5531 H.F. 2554 Gene Maddox Derryl McLaren EVENING SESSION The Senate reconvened at 6:21 p.m., President Kramer presiding. QUORUM CALL Senator Angelo requested a non-record roll call to determine that a quorum was present. The vote revealed 29 present, 21 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Drake, McLaren, and Rife, until they arrive, on request of Senator Freeman; and Senator Miller, until he arrives, on request of Senator Johnson. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate File 2457. Senate File 2457 On motion of Senator Johnson, Senate File 2457, a bill for an act 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, was taken up for consideration. Senator Johnson 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. 2457), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery 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 Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 5: Drake McLaren Miller 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 Hedge asked and received unanimous consent that Senate File 2457 be immediately messaged to the House. BUSINESS PENDING House File 2205 The Senate resumed consideration of House File 2205, a bill for an act relating to electronic commerce by establishing requirements for electronic transactions and electronic records and providing penalties, and amendment S-5162, previously deferred. Senator McKibben offered amendment S-5501, filed by Senators McKibben, et al., from the floor to pages 1 and 2 of amendment S-5162, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5501 be adopted?" (H.F. 2205), the vote was: Ayes, 16: Angelo Boettger Dearden Hansen Horn Iverson Kibbie Maddox McCoy McKean McKibben McLaren Miller Redfern Rife Soukup Nays, 33: Bartz Behn Black Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Harper Hedge Jensen Johnson Judge King Kramer Lamberti Lundby Redwine Rehberg Rittmer Schuerer Sexton Shearer Szymoniak Tinsman Veenstra Absent or not voting, 1: Zieman Amendment S-5501 lost. Senator King offered amendment S-5481, filed by Senators King and Lamberti on April 18, 2000, to pages 1 and 2 of amendment S-5162. Senator McKibben asked and received unanimous consent that action on amendment S-5481 to amendment S-5162 and House File 2205 be deferred. HOUSE AMENDMENT DEFERRED (Deferred April 18, 2000) Senate File 2395 The Senate resumed consideration of Senate File 2395, a bill for an act relating to the creation of an information technology department and making related changes, and House amendment S-5380, previously deferred. Senator Boettger took the chair at 7:44 p.m. Senator Deluhery asked and received unanimous consent to withdraw amendment S-5511, filed by him from the floor to pages 1 and 6 of House amendment S-5380. Senator Deluhery offered amendment S-5510, filed by him from the floor to pages 1 and 2 of House amendment S-5380, and moved its adoption. Amendment S-5510 lost by a voice vote. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5509, filed by him from the floor to page 2 of House amendment S-5380. Senator Dvorsky offered amendment S-5508, filed by him from the floor to page 2 of House amendment S-5380, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5508 be adopted?" (S.F. 2395), the vote was: 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-5508 lost. Senator Dvorsky offered amendment S-5507, filed by him from the floor to page 2 of House amendment S-5380, and moved its adoption. Amendment S-5507 lost by a voice vote. Senator Dvorsky offered amendment S-5535, filed by him from the floor to page 2 of House amendment S-5380, and moved its adoption. Amendment S-5535 lost by a voice vote. Senator Dvorsky offered amendment S-5514, filed by him from the floor to page 6 of House amendment S-5380, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5514 be adopted?" (S.F. 2395), the vote was: 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-5514 lost. Senator Hansen asked and received unanimous consent that action on House amendment S-5380 and Senate File 2395 be deferred. The Senate stood at ease at 8:20 p.m. until the fall of the gavel, for the purpose of party caucuses. The Senate resumed session at 8:44 p.m., President Kramer presiding. BUSINESS PENDING Senate File 2395 The Senate resumed consideration of Senate File 2395, a bill for an act relating to the creation of an information technology department and making related changes, and House amendment S-5380, previously deferred. Senator King moved that the Senate concur in the House amendment. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator King 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. 2395), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 26: Angelo Bartz Behn Boettger Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Sexton Tinsman Veenstra Nays, 22: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Schuerer Shearer Soukup Szymoniak Absent or not voting, 2: McLaren 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 2395 be immediately messaged to the House. BUSINESS PENDING House File 2205 The Senate resumed consideration of House File 2205, a bill for an act relating to electronic commerce by establishing requirements for electronic transactions and electronic records and providing penalties, and amendment S-5481 to amendment S-5162, previously deferred. Senator King moved the adoption of amendment S-5481. Amendment S-5481 was adopted by a voice vote. Senator McKibben offered amendment S-5539, filed by him from the floor to page 1 of amendment S-5162, and moved its adoption. Amendment S-5539 was adopted by a voice vote. Senator King moved the adoption of amendment S-5162, as amended, which motion prevailed by a voice vote. Senator King offered amendment S-5523, filed by him from the floor to page 5 of the bill, and moved its adoption. Amendment S-5523 was adopted by a voice vote. Senator King offered amendment S-5515, filed by Senators King and Bolkcom from the floor to page 16 of the bill, and moved its adoption. Amendment S-5515 was adopted by a voice vote. Senator Johnson offered amendment S-5524, filed by her from the floor to page 17 and to the title page of the bill. Senator Johnson offered amendment S-5529, filed by her from the floor to page 2 of amendment S-5524, and moved its adoption. Amendment S-5529 was adopted by a voice vote. Senator Johnson moved the adoption of amendment S-5524, as amended, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren, until he returns, on request of Senator Bartz. BUSINESS PENDING House File 2205 The Senate resumed consideration of House File 2205. Senator King 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. 2205), 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 Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Szymoniak Tinsman Veenstra Nays, 2: Rife Soukup Absent or not voting, 2: McLaren 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 House File 2205 be immediately messaged to the House. APPENDIX INTRODUCTION OF RESOLUTION Senate Resolution 120, by Redfern, Horn, and Lundby, a resolution honoring native Iowan and St. Louis Rams quarterback Kurt Warner. Read first time under Rule 28 and referred to committee on Rules and Administration. SUBCOMMITTEE ASSIGNMENT Senate File 2461 JUDICIARY: Lamberti, Chair; Hansen and Redfern AMENDMENTS FILED S-5532 H.F. 2563 Mark Shearer Patricia Harper S-5533 H.F. 2545 Johnie Hammond Patricia Harper S-5534 H.F. 2555 Johnie Hammond S-5535 S.F. 2395 Robert E. Dvorsky S-5536 H.F. 2555 Michael E. Gronstal S-5537 H.F. 2555 Betty A. Soukup S-5538 H.F. 2552 Patricia Harper S-5539 H.F. 2205 Larry McKibben S-5540 H.F. 2552 Mark Shearer S-5541 S.F. 466 Mike Sexton S-5542 H.F. 2552 Gene Maddox S-5543 H.F. 2562 JoAnn Johnson S-5544 H.F. 2552 Mark Shearer Eugene Fraise ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:10 p.m., until 9:00 a.m., Thursday, April 20, 2000. 1238 JOURNAL OF THE SENATE 60th Day 60th Day WEDNESDAY, APRIL 19, 2000 1237
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