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ONE-HUNDRED AND SEVENTH CALENDAR DAY SIXTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 25, 2000 The Senate met in regular session at 9:05 a.m., Senator Boettger presiding. Prayer was offered by Kristofer Lyons, Senate Clerk, from Anamosa. He was the guest of Senator McKean. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Dearden, until he arrives, on request of Senator Fink; Senator Lundby, until she arrives, on request of Senator Freeman; Senator McCoy, until he arrives, on request of Senator Fink; Senator Zieman, until he arrives, on request of Senator Kramer; and Senator McLaren, until he arrives, on request of Senator Freeman. HOUSE AMENDMENT CONSIDERED Senate File 2010 Senator Sexton called up for consideration Senate File 2010, a bill for an act relating to the traditional livestock producer's linked investment loan program by modifying eligibility requirements, amended by the House, and moved that the Senate concur in House amendment S-5569, filed April 24, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Sexton 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. 2010), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 5: Dearden Lundby McCoy McLaren Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 2327 Senator Angelo called up for consideration Senate File 2327, a bill for an act relating to certain procedures for the purchase or condemnation of interest in private property by a utility subject to the jurisdiction of the Iowa utilities board, amended by the House, and moved that the Senate concur in House amendment S-5568, filed April 24, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Angelo moved that the bill, as amended by the House and concurred in by the Senate, be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 2327), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 3: Dearden 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 Hedge asked and received unanimous consent that Senate Files 2010 and 2327 be immediately messaged to the House. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2562 Senator Lamberti called up for consideration House File 2562, a bill for an act relating to the treatment for sales and use tax purposes of sales where the substance of the transactions is delivered by electromagnetic waves, digitally, or by way of cable or fiber optics, the exemption from the sales and use taxes of the furnishing, sale, or rental of information services, providing of refunds, and including an effective and retroactive applicability date provision, amended by the Senate, further amended by the House, and moved that the Senate refuse to concur in House amendment S-5605 to Senate amendment H-9048, filed April 25, 2000. The motion prevailed by a voice vote and the Senate refused to concur in the House amendment to the Senate amendment. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Hedge asked and received unanimous consent to take up for consideration House File 2351. House File 2351 On motion of Senator Drake, House File 2351, a bill for an act relating to a sales and use tax exemption for the sales of clothing and footwear for a limited time period annually and including an effective date, with report of committee recommending passage, was taken up for consideration. Senator Schuerer asked and received unanimous consent to withdraw amendment S-5442, filed by Senators Schuerer and Dvorsky on April 17, 2000, to page 1 and to the title page of the bill. Senator Hansen offered amendment S-5475, filed by him on April 18, 2000, to page 1 and to the title page of the bill. Senator Drake raised the point of order that amendment S-5475 was not germane to the bill. The Chair ruled the point well taken and amendment S-5475 out of order. Senator Hammond asked and received unanimous consent to withdraw amendment S-5581, filed by Senators Hammond, et al., on April 24, 2000, to page 1 and to the title page of the bill. Senator Johnson offered amendment S-5433, filed by her on April 17, 2000, to page 1 of the bill. Senator Johnson asked and received unanimous consent that action on amendment S-5433 be deferred. Senator Hansen offered amendment S-5474, filed by him on April 18, 2000, to page 1 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5474 be adopted?" (H.F. 2351), the vote was: Ayes, 17: Black Deluhery Fink Flynn Fraise Gronstal Hansen Harper Horn Judge Kibbie King McCoy McLaren Miller Rehberg Soukup Nays, 31: Angelo Bartz Behn Boettger Bolkcom Connolly Drake Dvorsky Freeman Gaskill Hammond Hedge Iverson Jensen Johnson Kramer Lamberti Lundby Maddox McKean McKibben Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Szymoniak Tinsman Veenstra Absent or not voting, 2: Dearden Zieman Amendment S-5474 lost. Senator Johnson moved the adoption of amendment S-5433, previously deferred. A record roll call was requested. On the question "Shall amendment S-5433 be adopted?" (H.F. 2351), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 28: Bartz Behn Boettger Bolkcom Connolly Drake Freeman Gaskill Hammond Hedge Iverson Jensen Johnson Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Sexton Szymoniak Tinsman Veenstra Nays, 20: Angelo Black Deluhery Dvorsky Fink Flynn Fraise Gronstal Hansen Harper Horn Judge Kibbie King McCoy Rife Rittmer Schuerer Shearer Soukup Absent or not voting, 2: Dearden Zieman Amendment S-5433 was adopted. Senator Hansen offered amendment S-5477, filed by him on April 18, 2000, to page 1 of the bill, and moved its adoption. Amendment S-5477 was adopted by a voice vote. Senator Hansen offered amendment S-5482, filed by him on April 18, 2000, to page 1 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5482 be adopted?" (H.F. 2351), the vote was: Ayes, 22: Bartz Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Hedge Horn Judge Kibbie McCoy McKean Shearer Soukup Szymoniak Nays, 26: Angelo Behn Boettger Drake Freeman Gaskill Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Absent or not voting, 2: Dearden Zieman Amendment S-5482 lost. Senator Deluhery offered amendment S-5606, filed by Senators Deluhery, et al., from the floor to page 1 of the bill. Senator Drake raised the point of order that amendment S-5606 was not germane to the bill. The Chair ruled the point well taken and amendment S-5606 out of order. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2351), the vote was: Ayes, 36: Angelo Bartz Behn Boettger Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redwine Rife Rittmer Schuerer Sexton Shearer Tinsman Veenstra Nays, 12: Black Bolkcom Connolly Gaskill Hammond Kibbie King McKean Redfern Rehberg Soukup Szymoniak Absent or not voting, 2: Dearden 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 Files 2351 and 2562 be immediately messaged to the House. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for immediate consideration Senate Resolution 127. Senate Resolution 127 On motion of Senator Bartz, Senate Resolution 127, a resolution requesting an interim study of issues relating to increasing the demand and availability of renewable reformulated fuel, was taken up for consideration. Senator Kibbie offered amendment S-5607, filed by Senators Kibbie, Rife, and King from the floor to pages 1 and 2 of the resolution, and moved its adoption. Amendment S-5607 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 Jensen. BUSINESS PENDING Senate Resolution 127 The Senate resumed consideration of Senate Resolution 127. Senator Bartz moved the adoption of Senate Resolution 127, as amended, and requested a record roll call. On the question "Shall the resolution be adopted?" (S.R. 127), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King 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, 3: Dearden Kramer Zieman The motion prevailed and the resolution was adopted. 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 24, 2000, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: House File 2562, a bill for an act relating to the treatment for sales and use tax purposes of sales where the substance of the transactions is delivered by electromagnetic waves, digitally, or by way of cable or fiber optics, the exemption from the sales and use taxes of the furnishing, sale, or rental of information services, providing of refunds, and including an effective and retroactive applicability date provision.(S-5605) ALSO: That the House has on April 25, 2000, passed the following bill in which the concurrence of the House was asked: Senate File 2427, a bill for an act relating to the definition of factory-built structures, the relocation of factory-built structures, the certification of installers of manufactured homes and providing for a fee, an appropriation, and a civil penalty. RECESS On motion of Senator Iverson, the Senate recessed at 11:42 a.m., until 1:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS RULES AND ADMINISTRATION Convened: April 25, 2000, 5:06 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, and Redfern,. Members Absent: Lundby, Rehberg, and Rittmer (all excused). Committee Business: Passed SRs 122 and 126. Adjourned: 5:08 p.m. ETHICS Convened: April 25, 2000, 8:50 a.m. Members Present: Hedge, Chair; Drake, Vice Chair; Szymoniak, Ranking Member; Connolly, Hammond, and McKean. Members Absent: None. Committee Business: Organizational meeting. Adjourned: 9:10 a.m. SUBCOMMITTEE ASSIGNMENTS House File 2578 WAYS AND MEANS: Lamberti, Chair; Drake and Flynn House File 2579 JUDICIARY: Lamberti, Chair; Hansen and Redfern House File 2581 WAYS AND MEANS: Redwine, Chair; Deluhery and Flynn AMENDMENTS FILED S-5605 H.F. 2562 House S-5606 H.F. 2351 Patrick J. Deluhery Michael W. Connolly Patricia Harper Johnie Hammond John Judge Betty A. Soukup Eugene Fraise Michael E. Gronstal Dennis H. Black Robert E. Dvorsky Mark Shearer Bill Fink Tom Flynn John P. Kibbie Wally E. Horn Steve Hansen Matt McCoy S-5607 S.R. 127 John P. Kibbie Jack Rife Steve King S-5608 H.F. 2560 Merlin E. Bartz S-5609 S.F. 2452 Michael W. Connolly S-5610 S.F. 2435 Maggie Tinsman S-5611 S.F. 2241 Johnie Hammond Andy McKean S-5612 H.F. 2560 Patrick J. Deluhery Patricia Harper Michael W. Connolly Wally E. Horn John Judge Joe Bolkcom Michael E. Gronstal Eugene Fraise Johnie Hammond Matt McCoy Mark Shearer Tom Flynn Steve Hansen Bill Fink Dennis H. Black Robert E. Dvorsky Betty A. Soukup John P. Kibbie S-5613 S.C.R. 119 Stewart E. Iverson, Jr. AFTERNOON SESSION The Senate reconvened at 1:05 p.m., Senator Boettger presiding. QUORUM CALL Senator Redwine requested a non-record roll call to determine that a quorum was present. The vote revealed 35 present, 15 absent, and a quorum present. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate Resolution 120. Senate Resolution 120 On motion of Senator Redfern, Senate Resolution 120, a resolution honoring native Iowan and St. Louis Rams quarterback Kurt Warner, with report of committee recommending passage, was taken up for consideration. Senator Redfern moved the adoption of Senate Resolution 120, which motion prevailed by a voice vote. The Journal of Monday, April 24, 2000, was approved. HOUSE AMENDMENT CONSIDERED Senate File 2435 Senator Tinsman called up for consideration Senate File 2435, a bill for an act relating to appropriations for the department of human services and including other provisions and appropriations involving human services and health care, providing effective dates, and providing for retroactive applicability, amended by the House in House amendment S-5387, filed April 12, 2000. Senator Tinsman offered amendment S-5610, filed by her from the floor to pages 1, 2, and 5-10 of House amendment S-5387. Senator Tinsman asked and received unanimous consent that action on amendment S-5610 be deferred. Senator Rife asked and received unanimous consent to withdraw amendment S-5602, filed by him on April 24, 2000, to page 1 of House amendment S-5387. The Senate resumed consideration of amendment S-5610 to House amendment S-5387. Senator Rife offered amendment S-5614, filed by him from the floor to page 1 of amendment S-5610 to House amendment S-5387, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5614 be adopted?" (S.F. 2435), the vote was: Ayes, 34: Bartz Black Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Jensen Judge Kibbie King Lamberti Lundby Maddox McCoy McKean McLaren Rehberg Rife Rittmer Schuerer Soukup Zieman Nays, 15: Angelo Behn Boettger Iverson Johnson Kramer McKibben Miller Redfern Redwine Sexton Shearer Szymoniak Tinsman Veenstra Absent or not voting, 1: Dearden Amendment S-5614 was adopted. Senator Tinsman moved the adoption of amendment S-5610 to House amendment S-5387, which motion prevailed by a voice vote. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators McLaren, Jensen, and Rife, until they return, on request of Senator Iverson; and Senator Redwine, until he returns, on request of Senator Johnson. BUSINESS PENDING Senate File 2435 The Senate resumed consideration of Senate File 2435. Senator Tinsman 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 Tinsman 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. 2435), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Dearden Jensen McLaren Redwine Rife 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 2435 be immediately messaged to the House. CONSIDERATION OF RESOLUTION (Regular Calendar) Senate Resolution 123 Senator Iverson asked and received unanimous consent to take up the following resolution: 1 SENATE RESOLUTION NO. 123 2 By Committee on Rules and Administration 3 A Senate Resolution honoring Senator H. Kay Hedge. 4 WHEREAS, Senator Hedge is retiring from legislative 5 office after completing three terms in office as a 6 State Senator; and 7 WHEREAS, Senator Hedge's distinguished career as a 8 state legislator has included service as an Assistant 9 Majority Leader in the Seventy-seventh and Seventy- 10 eighth sessions of the General Assembly and as an 11 Assistant Minority Leader during the Seventy-fifth and 12 Seventy-sixth sessions of the General Assembly; and 13 WHEREAS, Senator Hedge has also served as a member 14 of the Seventy-third and Seventy-fourth General 15 Assemblies; and 16 WHEREAS, Senator Hedge's distinguished career has 17 also included service as Chairperson of the Ethics 18 Committee and the Agriculture and Natural Resources 19 Appropriations Subcommittee; as Vice Chairperson of 20 the Agriculture and Natural Resources Appropriations 21 Subcommittee; and as a member and as Chairperson of 22 the Administrative Rules Review Committee; and 23 WHEREAS, Senator Hedge has served on many other 24 standing committees throughout his 12 years of 25 legislative service and has been an influential and 26 devoted legislator in this state; and 27 WHEREAS, Senator Hedge has sponsored and been 28 instrumental in the passage of legislation pertinent 29 to Iowa relating to ethics; corporate farming; animal 30 production; and administrative rules review; and Page 2 1 WHEREAS, Senator Hedge has served honorably and has 2 unselfishly given of his time and efforts to further 3 the interests of the State of Iowa and to provide 4 beneficial programs for the citizens of Iowa; NOW 5 THEREFORE, 6 BE IT RESOLVED BY THE SENATE, That the Senate pay 7 tribute to Senator H. Kay Hedge for his devoted 8 service to the Iowa General Assembly and the citizens 9 of this state and wish him the very best in the years 10 ahead; and 11 BE IT FURTHER RESOLVED, That an official copy of 12 this Resolution be prepared and presented to Senator 13 Hedge. President Kramer took the chair at 2:13 p.m. Senator Hedge addressed the Senate with brief remarks. The Senate rose and expressed its tribute to Senator Hedge. Senator Iverson moved the adoption of Senate Resolution 123, which motion prevailed by a voice vote. Senator Hedge approached the well of the Senate and he was presented with a plaque in appreciation of his years of service and an enrolled copy of Senate Resolution 123. SPECIAL PRESENTATION Senators Rife and McLaren welcomed members of the Alpha Gamma Rho fraternity from Iowa State. Governor Vilsack issued a proclamation declaring April 25, 2000, Alpha Gamma Rho Day, in honor of the fraternity's efforts to help a fallen brother's family. Senator Bartz took the chair at 3:02 p.m. CONSIDERATION OF RESOLUTION (Regular Calendar) Senate Resolution 125 Senator Kramer asked and received unanimous consent to take up the following resolution: 1 SENATE RESOLUTION NO. 125 2 By Committee on Rules and Administration 3 A Senate Resolution honoring Senator Lyle Zieman. 4 WHEREAS, Senator Zieman is retiring from 5 legislative office after completing two terms in 6 office as a State Senator; and 7 WHEREAS, Senator Zieman has served as a member of 8 the Seventy-fifth through Seventy-eighth General 9 Assemblies; and 10 WHEREAS, Senator Zieman's distinguished career has 11 also included service as Chairperson of the Senate 12 Local Government Committee and as Vice Chairperson of 13 the Senate Health and Human Rights Appropriations 14 Subcommittee, as well as service on the Agriculture; 15 Business and Labor; Human Resources; Local Government; 16 Natural Resources and Environment; and Small Business, 17 Economic Development and Tourism Committees; and the 18 Economic Development Appropriations Subcommittee; and 19 WHEREAS, Senator Zieman's dedication, leadership, 20 and expertise in the areas of local government, 21 unfunded mandates directed to local governments, and 22 dairy farming are well recognized; and 23 WHEREAS, Senator Zieman has been involved with, and 24 has served as a member of, many governmental, civic, 25 community, and service organizations, including 26 serving as a member of the Postville Community School 27 Board for 25 years and as an Allamakee County 28 Supervisor for 14 years; and as a member of the 29 Regional Planning Commission of Northeast Iowa, the 30 Iowa State Association of Counties, the Allamakee Page 2 1 County Substance Abuse Board, and the Allamakee County 2 Civil Defense Board; and 3 WHEREAS, Senator Zieman has served honorably and 4 has unselfishly given of his time and efforts to 5 further the interests of the State of Iowa and to 6 provide beneficial programs for the citizens of Iowa; 7 NOW THEREFORE, 8 BE IT RESOLVED BY THE SENATE, That the Senate pay 9 tribute to Senator Lyle Zieman for his devoted service 10 to the Iowa General Assembly and the citizens of this 11 state, and wish him the very best in the years ahead; 12 and 13 BE IT FURTHER RESOLVED, That an official copy of 14 this Resolution be prepared and presented to Senator 15 Zieman. Senator Zieman addressed the Senate with brief remarks. The Senate rose and expressed its tribute to Senator Zieman. Senator Kramer moved the adoption of Senate Resolution 125, which motion prevailed by a voice vote. Senator Kramer presented Senator Zieman with a plaque in appreciation of his years of service and an enrolled copy of Senate Resolution 125. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2560. House File 2560 On motion of Senator McKibben, House File 2560, a bill for an act providing an individual and corporate income tax credit for the rehabilitation of certain eligible commercial and residential property and barns, an alternative method for computing the individual and corporate income tax credit for increasing research and development, an assistive device tax credit under the individual and corporate taxes for assisting persons with a disability in the workplace, and an increase in the deduction for pension and retirement income for income tax purposes, and including applicability dates, with report of committee recommending amendment and passage, was taken up for consideration. Senator Johnson offered amendment S-5577, filed by the committee on Ways and Means on April 24, 2000, to pages 4, 5, 7, 8, 11, 12, 16, 17, and to the title page of the bill. Senator McKibben asked and received unanimous consent that action on amendment S-5577 be deferred. Senator McKibben asked and received unanimous consent to withdraw amendment S-5563, filed by Senators Rehberg, King, and McKibben on April 24, 2000, to pages 4, 9, and to the title page of the bill. Senator Johnson asked and received unanimous consent to withdraw amendment S-5601, filed by her on April 24, 2000, to pages 4 and 7 of the bill. Senator McKibben offered amendment S-5615, filed by him from the floor to pages 4-8, 11, 12, 16, 17, and to the title page of the bill, and moved its adoption. Amendment S-5615 was adopted by a voice vote. With the adoption of amendment S-5615, the Chair ruled the following amendments out of order: Amendment S-5577, filed by the committee on Ways and Means, previously deferred; and Amendment S-5608, filed by Senator Bartz from the floor to page 2 of amendment S-5577. Senator Hammond asked and received unanimous consent to withdraw amendment S-5582, filed by Senators Hammond, et al., on April 24, 2000, to page 17 and to the title page of the bill. Senator Connolly offered amendment S-5603, filed by him on April 24, 2000, to page 17 and to the title page of the bill, and moved its adoption. Amendment S-5603 was adopted by a voice vote. Senator Hansen offered amendment S-5600, filed by him on April 24, 2000, to page 17 of the bill, and moved its adoption. A non-record roll call was requested. The ayes were 20, nays 27. Amendment S-5600 lost. President Kramer took the chair at 4:36 p.m. Senator Deluhery offered amendment S-5612, filed by Senators Deluhery, et al., from the floor to page 17 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5612 be adopted?" (H.F. 2560), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Bartz Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Rife Rittmer Shearer Soukup Szymoniak Tinsman Nays, 25: Angelo Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Schuerer Veenstra Zieman Absent or not voting, 2: Dearden Sexton Amendment S-5612 lost. Senator Black offered amendment S-5616, filed by Senators Black, Redfern, and Rittmer from the floor to page 17 and to the title page of the bill. Senator Gronstal raised the point of order that amendment S-5616 was not germane to the bill. The Chair ruled the point well taken and amendment S-5616 out of order. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 2560), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Dearden 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 2560 be immediately messaged to the House. SENATE RECEDES 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 Senate, and moved that the Senate recedes from its amendment. The motion prevailed by a voice vote and the Senate receded from its amendment. Senator Rife 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. 2429), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Dearden 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 2429 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 5:07 p.m., until 6:15 p.m. APPENDIX REPORT OF COMMITTEE MEETING WAYS AND MEANS Convened: April 25, 2000, 11:40 a.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Members Absent: None. Committee Business: Passed HF 2581. Adjourned: 11:50 a.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Jeremy Andrew Kippley, Denison - For achieving the rank of Eagle Scout on June 4, 2000. Senator King (04/25/00). Jeffrey Ohman, Ames - For achieving the rank of Eagle Scout on May 7, 2000. Senator McKibben (04/25/00). EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on April 20, 2000, when the vote was taken on Senate File 466. Had I been present, I would have voted "Aye." MARY A. LUNDBY MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on April 25, 2000, when the vote was taken on Senate File 2435. Had I been present, I would have voted "Aye." JOHN REDWINE INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 120, by Tinsman, a concurrent resolution requesting the legislative council to establish one or more interim committees to study human services issues. Read first time under Rule 28 and referred to committee on Rules and Administration. COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 122, a resolution honoring Senator John P. "Jack" Kibbie for his years of legislative service. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 126, a resolution honoring Senator Richard F. Drake for his years of legislative service. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 2581, a bill for an act relating to the authorization of the Iowa higher education loan authority to make loans and issue obligations to make loans to entities other than educational institutions, and to finance projects to be leased to educational institutions, and providing that the obligations and income from obligations are exempt from taxation. Recommendation: DO PASS. 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. 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 25th day of April, 2000: Senate Files 292, 2092, 2214, 2419, and 2444. 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 2092, the following corrections were made: 1. Page 1, line 1, after the number "12C.6A" a comma was added. 2. Page 9, line 28, the underline was taken out between the word Sec. and the number 27. MICHAEL E. MARSHALL Secretary of the Senate AMENDMENTS FILED S-5614 S.F. 2435 Jack Rife S-5615 H.F. 2560 Larry McKibben S-5616 H.F. 2560 Dennis H. Black Donald B. Redfern Sheldon Rittmer EVENING SESSION The Senate reconvened at 6:24 p.m., President Kramer presiding. QUORUM CALL Senator Lundby requested a non-record roll call to determine that a quorum was present. The vote revealed 39 present, 11 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Miller, Redfern, Rehberg, and Zieman, until they return, on request of Senator Redwine. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2581. House File 2581 On motion of Senator Redwine, House File 2581, a bill for an act relating to the authorization of the Iowa higher education loan authority to make loans and issue obligations to make loans to entities other than educational institutions, and to finance projects to be leased to educational institutions, and providing that the obligations and income from obligations are exempt from taxation, with report of committee recommending passage, was taken up for consideration. 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. 2581), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 7: Dearden Hammond McCoy Miller Redfern Rehberg 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 2581 be immediately messaged to the House. CONSIDERATION OF RESOLUTION (Regular Calendar) Senate Resolution 126 Senator Iverson asked and received unanimous consent to take up the following resolution: 1 SENATE RESOLUTION NO. 126 2 By Iverson and Gronstal 3 A Senate Resolution honoring Senator Richard F. Drake 4 for his years of legislative service. 5 WHEREAS, Senator Richard F. Drake will this year 6 complete more than thirty years of service in the 7 General Assembly, including six terms in the Senate; 8 and 9 WHEREAS, Senator Drake has served honorably and has 10 unselfishly given his time and efforts to further the 11 interests of the state of Iowa and to provide 12 beneficial programs for the citizens of Iowa; and 13 WHEREAS, it is proper that Senator Drake be honored 14 for his many years of service to the state of Iowa; 15 NOW THEREFORE, 16 BE IT RESOLVED BY THE SENATE, That the Senate pay 17 tribute to Senator Drake and express its gratitude for 18 the service rendered by him; and 19 BE IT FURTHER RESOLVED, That the Senate present to 20 Senator Drake his Senate desk in appreciation for his 21 service. Senator Drake addressed the Senate with brief remarks. The Senate rose and expressed its tribute to Senator Drake. Senator Iverson moved the adoption of Senate Resolution 126, which motion prevailed by a voice vote. Senator Drake was presented with an authentic replication of his Senate desk in honor of his 32 years of service and an enrolled copy of Senate Resolution 126. SPECIAL PRESENTATION TO SENATE PAGES The Senate pages were invited to the well of the Senate for a special presentation and were thanked by Senators Iverson and Gronstal for their service to the Senate. A Certificate of Recognition for serving with honor and distinction as a Senate Page during the 2000 Regular Session of the Seventy- eighth General Assembly and individual and Page group pictures were presented to each of the following Pages: Mandy Besler, Angela Boggess, Kara Breitbach, Sarah Carlson, Charise Carstensen, Sarah Falb, Elizabeth Gauger, Julie Gehling, Heidi Gesche, Michael Lindseth, Stacey Lyon, Justin Manifold, Samantha Morrison, Matthew Nappe, Laura Pfeffer, Jesse Schradle, Elizabeth Whims, and Alicia Young. The Senate rose and expressed its appreciation to the Pages. Senator Redfern took the chair at 7:17 p.m. CONSIDERATION OF RESOLUTION (Regular Calendar) Senate Resolution 122 Senator Iverson asked and received unanimous consent to take up the following resolution: 1 SENATE RESOLUTION NO. 122 2 By Iverson and Gronstal 3 A Senate Resolution honoring Senator John P. "Jack" 4 Kibbie for his years of legislative service. 5 WHEREAS, Senator John P. "Jack" Kibbie will this 6 year complete his fourth term of office in the Senate 7 and his twentieth year of office in the Iowa General 8 Assembly; and 9 WHEREAS, Senator Kibbie has served honorably and 10 has unselfishly given his time and efforts to further 11 the interests of the State of Iowa and to provide 12 beneficial programs for the citizens of Iowa; and 13 WHEREAS, it is proper that Senator Kibbie be 14 honored for his many years of service to the State of 15 Iowa; NOW THEREFORE, 16 BE IT RESOLVED BY THE SENATE, That the Senate pay 17 tribute to Senator Kibbie and express its gratitude 18 for the service rendered by him; and 19 BE IT FURTHER RESOLVED, That the Senate present to 20 Senator Kibbie his Senate chair in appreciation for 21 his service. Senator Kibbie addressed the Senate with brief remarks. The Senate rose and expressed its tribute to Senator Kibbie. Senator Gronstal moved the adoption of Senate Resolution 122, which motion prevailed by a voice vote. Senator Kibbie was presented with his Senate chair in honor of his 20 years of service and an enrolled copy of Senate Resolution 122. Senator Iverson took the chair at 7:45 p.m. HOUSE AMENDMENT CONSIDERED Senate File 2252 Senator Redfern called up for consideration Senate File 2252, a bill for an act eliminating the future repeal of the school finance formula and providing for periodic legislative review, amended by the House in House amendment S-5336, filed April 4, 2000. Senator Redfern offered amendment S-5618, filed by him from the floor to page 1 of House amendment S-5336, and moved its adoption. Amendment S-5618 was adopted by a voice vote. Senator Redfern 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 Redfern 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. 2252), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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, 2: Dearden Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Redfern asked and received unanimous consent that Senate File 2252 be immediately messaged to the House. The Senate stood at ease at 7:52 p.m. until the fall of the gavel. 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 25, 2000, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 2351, a bill for an act relating to a sales and use tax exemption for the sales of clothing and footwear for a limited time period annually and including an effective date. 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. House File 2554, a bill for an act relating to and making appropriations to the judicial branch. ALSO: That the House has on April 25, 2000, concurred in the Senate amendment to the House amendment, and passed the following bill in which the concurrence of the House was asked: Senate File 2435, a bill for an act relating to appropriations for the department of human services and including other provisions and appropriations involving human services and health care, providing effective dates, and providing for retroactive applicability. APPENDIX REPORT OF COMMITTEE MEETING JUDICIARY Convened: April 25, 2000, 5:11 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Members Absent: None. Committee Business: Passed HF 2579, as amended. Adjourned: 5:45 p.m. INTRODUCTION OF RESOLUTION Senate Resolution 128, by King, a resolution congratulating members of the Denison, Iowa, Academic Decathlon Team. Read first time under Rule 28 and referred to committee on Rules and Administration. COMMITTEE REPORT JUDICIARY Final Bill Action: HOUSE FILE 2579, a bill for an act creating a tobacco settlement authority Act, authorizing the issuance of bonds, and providing an effective date. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5619. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 25, 2000, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2213 - Relating to on-site presence of a pipeline company representative during farmland improvements near pipelines. S.F. 2302 - Relating to programs and public health issues under the purview of the Iowa department of public health and the appropriation of certain fees to the department and providing an effective date. S.F. 2426 - Relating to the designation, valuation, and taxation of property in a horizontal property regime and including an effective date. AMENDMENTS FILED S-5617 H.F. 2549 Ken Veenstra S-5618 S.F. 2252 Donald B. Redfern S-5619 H.F. 2579 Judiciary S-5620 S.F. 2440 Jeff Lamberti S-5621 H.F. 2373 Jeff Lamberti S-5622 H.F. 2549 Kitty Rehberg ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 8:41 p.m., until 8:00 a.m., Wednesday, April 26, 2000. 1350 JOURNAL OF THE SENATE 63rd Day 63rd Day TUESDAY, APRIL 25, 2000 1349
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