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ONE-HUNDRED AND EIGHTH CALENDAR DAY SIXTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 26, 2000 The Senate met in regular session at 8:06 a.m., President Kramer presiding. Prayer was offered by Senator H. Kay Hedge from Fremont, Iowa. The Journal of Tuesday, April 25, 2000, was approved. QUORUM CALL Senator Boettger requested a non-record roll call to determine that a quorum was present. The vote revealed 37 present, 13 absent, and a quorum present. The Senate stood at ease at 8:19 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 9:10 a.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators McCoy and Dearden, until they arrive, on request of Senator Fink; and Senator McKibben, until he arrives, on request of Senator Iverson. HOUSE AMENDMENT CONSIDERED Senate File 2241 Senator McKean called up for consideration Senate File 2241, a bill for an act relating to the consolidation of certain criminal offenses concerning computer access, damage, or theft, video rental theft, election bribery, and voting duress, amended by the House in House amendment S-5562, filed April 24, 2000. Senator Hammond asked and received unanimous consent to withdraw amendment S-5611, filed by Senators Hammond and McKean on April 25, 2000, to page 1 of House amendment S-5562. Senator McKean offered amendment S-5647, filed by him from the floor to pages 1-3 of House amendment S-5562, and moved its adoption. Amendment S-5647 was adopted by a voice vote. Senator McKean offered amendment S-5648, filed by him from the floor to page 3 of House amendment S-5562, and moved its adoption. Amendment S-5648 was adopted by a voice vote. Senator McKean 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 McKean 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. 2241), 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 McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Dearden McCoy McKibben The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 2549. House File 2549 On motion of Senator Rehberg, 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, with report of committee recommending passage, was taken up for consideration. Senator Rehberg offered amendment S-5622, filed by her on April 25, 2000, striking everything after the enacting clause of the bill. Senator Connolly offered amendment S-5623, filed by Senators Connolly and Kibbie from the floor to pages 1-4, 6, 11, 15, 21, 25, 27, and 29 of amendment S-5622, and deferred to Senator Flynn. Senator Flynn moved the adoption of amendment S-5623. A record roll call was requested. On the question "Shall amendment S-5623 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Dearden McKibben Amendment S-5623 lost. Senator Hedge asked and received unanimous consent that action on amendment S-5622 and House File 2549 be deferred. MOTION TO RECONSIDER WITHDRAWN Senate File 2241 Senator McKean withdrew the following motion to reconsider filed from the floor: MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2241 passed the Senate on April 26, 2000. ANDY McKEAN IMMEDIATELY MESSAGED Senator Hedge asked and received unanimous consent that Senate File 2241 be immediately messaged to the House. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 25, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 441, a bill for an act providing an exemption from certain requirements of self-insured accident and health insurance plans provided by school corporations.(S-5650) ALSO: That the House has on April 25, 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 2552, a bill for an act relating to and making appropriations to the justice system, making related statutory changes, and providing an effective date.(S-5652) BUSINESS PENDING House File 2549 The Senate resumed consideration of 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, and amendment S-5622, previously deferred. Senator Connolly offered amendment S-5624, filed by Senators Connolly and Kibbie from the floor to pages 1 and 9 of amendment S-5622, and deferred to Senator Fink. Senator Fink moved the adoption of amendment S-5624. A record roll call was requested. On the question "Shall amendment S-5624 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 Jensen Johnson King Kramer Lundby Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Lamberti McKibben Amendment S-5624 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lamberti, until he returns, on request of Senator Iverson. BUSINESS PENDING House File 2549 The Senate resumed consideration of House File 2549. Senator Connolly offered amendment S-5625, filed by Senators Connolly and Kibbie from the floor to pages 1 and 28 of amendment S-5622 and deferred to Senator Shearer. Senator Shearer moved the adoption of amendment S-5625. A record roll call was requested. On the question "Shall amendment S-5625 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 Jensen Johnson King Kramer Lundby Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Lamberti McKibben Amendment S-5625 lost. Senator Harper offered amendment S-5643, filed by Senators Harper and Redfern from the floor to page 2 of amendment S-5622, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5643 be adopted?" (H.F. 2549), the vote was: Ayes, 20: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Redfern Shearer Soukup Szymoniak Nays, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Maddox McKean McLaren Miller Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 4: Dearden Lamberti Lundby McKibben Amendment S-5643 lost. Senator Kibbie offered amendment S-5626, filed by him from the floor to pages 5, 6, and 26 of amendment S-5622, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5626 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 Jensen Johnson King Kramer Lundby Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Lamberti McKibben Amendment S-5626 lost. Senator Connolly offered amendment S-5627, filed by Senators Connolly and Kibbie from the floor to page 6 of amendment S-5622, and deferred to Senator Bolkcom. Senator Bolkcom asked and received unanimous consent to withdraw amendment S-5627. Senator Szymoniak asked and received unanimous consent to withdraw amendment S-5644, filed by her from the floor to page 6 of amendment S-5622. Senator Rife offered amendment S-5646, filed by him from the floor to page 6 of amendment S-5622. Senator Rife asked and received unanimous consent to withdraw amendment S-5646. Senator Kibbie offered amendment S-5628, filed by him from the floor to page 6 of amendment S-5622, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5628 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 Jensen Johnson King Kramer Lundby Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Lamberti McKibben Amendment S-5628 lost. Senator Connolly offered amendment S-5629, filed by Senators Connolly and Kibbie from the floor to page 9 of amendment S-5622, and deferred to Senator Hammond. Senator Hammond moved the adoption of amendment S-5629. A record roll call was requested. On the question "Shall amendment S-5629 be adopted?" (H.F. 2549), the vote was: Ayes, 20: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy McLaren Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lundby Maddox McKean Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Lamberti McKibben Amendment S-5629 lost. Senator Iverson asked and received unanimous consent that action on amendment S-5622 and House File 2549 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 10:17 a.m., until 10:20 a.m.. RECONVENED The Senate reconvened at 10:19 a.m., President Kramer presiding. BUSINESS PENDING House File 2549 The Senate resumed consideration of House File 2549 and amendment S-5622, previously deferred. Senator Kibbie offered amendment S-5630, filed by Senators Kibbie and Connolly from the floor to pages 9 and 10 of amendment S-5622, and deferred to Senator Harper. Senator Harper moved the adoption of amendment S-5630. A record roll call was requested. On the question "Shall amendment S-5630 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Dearden McKibben Amendment S-5630 lost. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Jensen, until he returns, on request of Senator Iverson; and Senator McCoy, until he returns, on request of Senator Dvorsky. BUSINESS PENDING House File 2549 The Senate resumed consideration of House File 2549. Senator Connolly offered amendment S-5631, filed by Senators Connolly and Kibbie from the floor to pages 10 and 26 of amendment S-5622, and deferred to Senator Shearer. Senator Shearer moved the adoption of amendment S-5631. A record roll call was requested. On the question "Shall amendment S-5631 be adopted?" (H.F. 2549), the vote was: Ayes, 18: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 4: Dearden Jensen McCoy McKibben Amendment S-5631 lost. Senator Connolly offered amendment S-5632, filed by him from the floor to pages 11, 27, and 30 of amendment S-5622, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5632 be adopted?" (H.F. 2549), the vote was: Ayes, 20: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Jensen McKibben Amendment S-5632 lost. Senator Connolly offered amendment S-5633, filed by him from the floor to pages 11, 12, 30, and 31 of amendment S-5622, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5633 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Jensen McKibben Amendment S-5633 lost. Senator Connolly offered amendment S-5634, filed by Senators Connolly and Kibbie from the floor to page 11 of amendment S-5622, and deferred to Senator Horn. Senator Rehberg raised the point of order that amendment S-5634 was not germane to the bill. The Chair ruled the point well taken and amendment S-5634 out of order. Senator Connolly offered amendment S-5635, filed by Senators Connolly and Kibbie from the floor to pages 11, 26, 30, and 31 of amendment S-5622, and deferred to Senator Gronstal. Senator Rehberg raised the point of order that amendment S-5635 was not germane to the bill. The Chair ruled the point well taken and amendment S-5635 out of order. Senator Kibbie offered amendment S-5636, filed by him from the floor to pages 11 and 12 of amendment S-5622, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5636 be adopted?" (H.F. 2549), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Schuerer Shearer Soukup Szymoniak Veenstra Nays, 25: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Sexton Tinsman Zieman Absent or not voting, 3: Dearden Maddox McKibben Amendment S-5636 lost. Senator Connolly offered amendment S-5637, filed by Senators Connolly and Kibbie from the floor to pages 16 and 19-21 of amendment S-5622, and deferred to Senator Dvorsky. Senator Dvorsky asked and received unanimous consent that action on amendment S-5637 be deferred. Senator Connolly offered amendment S-5638, filed by Senators Connolly and Kibbie from the floor to page 16 of amendment S-5622, and deferred to Senator Dvorsky. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5638. Senator Kibbie offered amendment S-5639, filed by Senators Kibbie and Connolly from the floor to page 19 of amendment S-5622, and deferred to Senator Bolkcom. Senator Bolkcom moved the adoption of amendment S-5639. A record roll call was requested. On the question "Shall amendment S-5639 be adopted?" (H.F. 2549), the vote was: Ayes, 20: Black Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Gronstal Hammond Harper Horn Judge Kibbie McCoy Rife Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Freeman Gaskill Hansen Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Dearden McKibben Amendment S-5639 lost. Senator Boettger offered amendment S-5645, filed by Senators Boettger and Szymoniak from the floor to page 25 of amendment S-5622, and moved its adoption. Amendment S-5645 was adopted by a voice vote. Senator Connolly offered amendment S-5640, filed by Senators Connolly and Kibbie from the floor to page 27 of amendment S-5622, and deferred to Senator Hammond. Senator Hammond moved the adoption of amendment S-5640. A record roll call was requested. On the question "Shall amendment S-5640 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Redwine Shearer Soukup Szymoniak Nays, 29: Angelo Bartz Behn Black Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McLaren Miller Redfern Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Dearden McKibben Amendment S-5640 lost. Senator Connolly offered amendment S-5641, filed by Senators Connolly and Kibbie from the floor to page 27 of amendment S-5622, and deferred to Senator Fink. Senator Fink moved the adoption of amendment S-5641. A record roll call was requested. On the question "Shall amendment S-5641 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly 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 McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Dearden McKibben Amendment S-5641 lost. Senator Kibbie offered amendment S-5642, filed by him from the floor to page 29 of amendment S-5622, moved its adoption, and requested a record roll call. On the question "Shall amendment S-5642 be adopted?" (H.F. 2549), the vote was: Ayes, 20: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Dearden McKibben Amendment S-5642 lost. Senator Rife offered amendment S-5649, filed by him from the floor to page 30 of amendment S-5622. Senator Rehberg raised the point of order that amendment S-5649 was not germane to the bill. The Chair ruled the point well taken and amendment S-5649 out of order. Senator Horn offered amendment S-5659, filed by Senators Horn and Dvorsky from the floor to page 3 of amendment S-5622. A record roll call was requested. On the question "Shall amendment S-5659 be adopted?" (H.F. 2549), the vote was: Ayes, 19: Black Bolkcom Connolly Deluhery Dvorsky Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie Lundby McCoy Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Dearden Fink McKibben Amendment S-5659 lost. Senator Boettger offered amendment S-5654, filed by Senators Boettger and Gronstal from the floor to pages 7 and 8 of amendment S-5622, and moved its adoption. Amendment S-5654 was adopted by a voice vote. Senator Rehberg offered amendment S-5651, filed by her from the floor to page 10 of amendment S-5622, and moved its adoption. Amendment S-5651 was adopted by a voice vote. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5653, filed by Senators Dvorsky and Bolkcom from the floor to page 16 of amendment S-5622. Senator Dvorsky offered amendment S-5656, filed by Senators Dvorsky and Bolkcom from the floor to pages 16-19 of amendment S-5622. Senator Dvorsky asked and received unanimous consent that action on amendment S-5656 be deferred. Senator Veenstra offered amendment S-5655, filed by Senators Veenstra, et al., from the floor to page 29 of amendment S-5622, and moved its adoption. Amendment S-5655 lost by a voice vote. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-5637, previously deferred. Senator Dvorsky offered amendment S-5660, filed by Senators Dvorsky, et al., from the floor to pages 16 and 19-21 of amendment S-5622. Senator Redfern took the chair at 12:21 p.m. Senator Dvorsky moved the adoption of amendment S-5660. A record roll call was requested. On the question "Shall amendment S-5660 be adopted?" (H.F. 2549), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Redfern Rife Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Boettger Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: Dearden Amendment S-5660 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Boettger, for the remainder of the day, on request of Senator Johnson. BUSINESS PENDING House File 2549 The Senate resumed consideration of House File 2549. The Senate resumed consideration of amendment S-5656, previously deferred. Senator Dvorsky moved the adoption of amendment S-5656. A record roll call was requested. On the question "Shall amendment S-5656 be adopted?" (H.F. 2549), the vote was: Ayes, 21: Black Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Rife Shearer Soukup Szymoniak Nays, 27: Angelo Bartz Behn Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Boettger Dearden Amendment S-5656 lost. Senator Rehberg moved the adoption of amendment S-5622, as amended. A record roll call was requested. On the question "Shall amendment S-5622 be adopted?" (H.F. 2549), the vote was: Ayes, 46: Angelo Bartz Behn Black Connolly 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 Zieman Nays, 2: Bolkcom Hammond Absent or not voting, 2: Boettger Dearden Amendment S-5622 was adopted. With the adoption of amendment S-5622, the Chair ruled the following amendments out of order: Amendment S-5479, filed by Senator Szymoniak on April 18, 2000, to page 7 of the bill; Amendment S-5526, filed by Senators Veenstra, et al., on April 19, 2000, to page 39 of the bill; and Amendment S-5617, filed by Senator Veenstra on April 25, 2000, to page 39 of the bill. The following motions to reconsider filed from the floor were withdrawn: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5622 to House File 2549 was adopted by the Senate on April 26, 2000. BILL FINK MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5622 to House File 2549 was adopted by the Senate on April 26, 2000. KITTY REHBERG Senator Hedge took the chair at 1:10 p.m. President Kramer took the chair at 1:25 p.m. Senator Rehberg 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. 2549), the vote was: Ayes, 44: Angelo Bartz Behn Black Connolly Deluhery Drake 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 Zieman Nays, 4: Bolkcom Dvorsky Fink Hammond Absent or not voting, 2: Boettger 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 House File 2549 be immediately messaged to the House. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 128, a resolution congratulating members of the Denison, Iowa, Academic Decathlon Team. 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. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 128. Senate Resolution 128 On motion of Senator King, Senate Resolution 128, a resolution congratulating members of the Denison, Iowa, Academic Decathlon Team, with report of committee recommending passage, was taken up for consideration. Senator King introduced the following members of the Denison Academic Decathlon Team: Kerri Bilsten, Jessica Boland, Emily Collins, Tony Crabb, David Franck, Alex Kipp, Brij Patnaik, Jason Pope, and Matt Swanson. They were accompanied by their coaches: Larry Petersen, Crystal Snitker, and Arron Ratliff. Senator King moved the adoption of Senate Resolution 128, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 120, a concurrent resolution requesting the legislative council to establish one or more interim committees to study human services issues. 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. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 120. Senate Concurrent Resolution 120 On motion of Senator Tinsman, Senate Concurrent Resolution 120, a concurrent resolution requesting the legislative council to establish one or more interim committees to study human services issues, with report of committee recommending passage, was taken up for consideration. Senator Tinsman moved the adoption of Senate Concurrent Resolution 120, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 120 be immediately messaged to the House. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Kibbie and Szymoniak, until they return, on request of Senator Fraise; and Senator Harper, until she returns, on request of Senator Gronstal. HOUSE AMENDMENT CONSIDERED Senate File 2246 Senator McKean called up for consideration Senate File 2246, a bill for an act relating to the accumulation of credit upon an inmate's sentence for Iowa inmates incarcerated in another jurisdiction, amended by the House, and moved that the Senate concur in House amendment S-5588, filed April 24, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKean 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. 2246), the vote was: Ayes, 45: Angelo Bartz Behn Black Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Boettger Dearden Harper Kibbie Szymoniak The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dvorsky, until he returns, on request of Senator Harper. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2440. Senate File 2440 On motion of Senator Lamberti, Senate File 2440, a bill for an act relating to the title guaranty program, mortgage release certificates, and the issuance of closing protection letters by the Iowa finance authority, was taken up for consideration. Senator Lamberti offered amendment S-5620, filed by him on April 25, 2000, to page 1 and to the title page of the bill, and moved its adoption. Amendment S-5620 was adopted by a voice vote. Senator Lamberti asked and received unanimous consent that House File 2373 be substituted for Senate File 2440. House File 2373 On motion of Senator Lamberti House File 2373, a bill for an act relating to the Iowa finance authority by providing for the issuance of closing protection letters and providing for the allocation of the state ceiling of federally tax-exempt private activity bonds, was taken up for consideration. Senator Lamberti offered amendment S-5621, filed by him on April 25, 2000, to pages 1-3, 5, and to the title page of the bill, and moved its adoption. Amendment S-5621 was adopted by a voice vote. 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?" (H.F. 2373), the vote was: Ayes, 45: Angelo Bartz Behn Black Bolkcom Connolly Deluhery Drake Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Boettger Dearden Dvorsky Gaskill Rehberg The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. WITHDRAWN Senator Lamberti asked and received unanimous consent that Senate File 2440 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 2246 and House File 2373 be immediately messaged to the House. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 25, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2245, a bill for an act relating to penalties for city and county ordinances and to scheduled violations.(S-5658) ALSO: That the House has on April 26, 2000, concurred in the Senate amendment to the House amendment, and passed the following bills in which the concurrence of the House was asked: Senate File 2241, a bill for an act relating to the consolidation of certain criminal offenses concerning computer access, damage, or theft, video rental theft, election bribery, and voting duress. Senate File 2252, a bill for an act eliminating the future repeal of the school finance formula and providing for periodic legislative review. ALSO: That the House has on April 26, 2000, passed the following bills in which the concurrence of the House was asked: Senate File 2265, a bill for an act to provide an additional sentence of parole or work release for certain persons who commit the crime of lascivious acts with a child. Senate File 2276, a bill for an act relating to the application of earned time credits against a criminal sentence and providing an effective date. ALSO: That the House has on April 26, 2000, refused to concur in the Senate amendment to the following bill in which the concurrence of the House was asked: House File 2519, a bill for an act relating to probation and parole by extending the repeal of the sixth judicial district pilot project concerning probation revocation hearings and by establishing the position of vice chairperson of the board of parole, and providing an effective date. ALSO: That the House has on April 26, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2576, a bill for an act providing a death benefit for certain volunteer emergency services providers killed in the line of duty and providing a standing appropriation. Read first time and referred to committee on Appropriations. ALSO: That the House has on April 26, 2000, receded from the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the House was 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. ALSO: That the House has on April 26, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: 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, providing for contingent effectiveness, and providing effective dates.(S-5663) ALSO: That the House has on April 26, 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 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.(S-5666) SENATE RECEDES House File 2519 Senator Angelo called up for consideration House File 2519, a bill for an act relating to probation and parole by extending the repeal of the sixth judicial district pilot project concerning probation revocation hearings and by establishing the position of vice chairperson of the board of parole, and providing an effective date, 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 Angelo 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. 2519), the vote was: Ayes, 47: Angelo Bartz Behn Black 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 McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Maddox Absent or not voting, 2: Boettger Dearden The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 119. Senate Concurrent Resolution 119 On motion of Senator Iverson, Senate Concurrent Resolution 119, a concurrent resolution relating to a study of the issues involving railroad rights-of-way crossings by utilities, with report of committee recommending passage, was taken up for consideration. Senator Iverson offered amendment S-5613, filed by him on April 25, 2000, to page 2 of the resolution, and moved its adoption. Amendment S-5613 was adopted by a voice vote. Senator Iverson moved the adoption of Senate Concurrent Resolution 119, as amended, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 2519 and Senate Concurrent Resolution 119 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 441 Senator Redfern called up for consideration Senate File 441, a bill for an act providing an exemption from certain requirements of self-insured accident and health insurance plans provided by school corporations, amended by the House, and moved that the Senate concur in House amendment S-5650, filed April 26, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Redfern 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. 441), the vote was: Ayes, 48: Angelo Bartz Behn Black 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, 2: Boettger 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 441 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 Resolution 119. Senate Resolution 119 On motion of Senator McLaren, Senate Resolution 119, a resolution recognizing the contribution of a singular farm employee for his contribution to the Senate during the 2000 Session of the Seventy-eighth General Assembly, with report of committee recommending passage, was taken up for consideration. Senator McLaren moved the adoption of Senate Resolution 119, which motion prevailed by a voice vote. Senator Rife approached the well and was presented with an enrolled copy of Senate Resolution 119. HOUSE AMENDMENT CONSIDERED Senate File 2245 Senator McKean called up for consideration Senate File 2245, a bill for an act relating to penalties for city and county ordinances and to scheduled violations, amended by the House in House amendment S-5658, filed April 26, 2000. Senator McKean offered amendment S-5665, filed by him from the floor to pages 2-6 of House amendment S-5658, and moved its adoption. Amendment S-5665 was adopted by a voice vote. Senator McKean 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 McKean 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. 2245), the vote was: Ayes, 42: Angelo Bartz Behn Bolkcom Connolly Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Horn Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 6: Black Fink Hedge Iverson Schuerer Sexton Absent or not voting, 2: Boettger Dearden The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2560 Senator McKibben called up for consideration 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, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5666 to Senate amendment H-9094, filed April 26, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator McKibben moved that the bill, as amended by the Senate, further 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?" (H.F. 2560), the vote was: Ayes, 48: Angelo Bartz Behn Black 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, 2: Boettger Dearden The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2496 Senator Redfern called up for consideration House File 2496, a bill for an act providing supplementary weighting for determining enrollment in school districts involved in district-to-district or district-to-community-college sharing programs, and at-risk programs, and providing an effective date, amended by the Senate and further amended by the House in House amendment S-5497 to Senate amendment H-8905, filed April 18, 2000. The Senate stood at ease at 3:30 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:47 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Szymoniak, until she returns, on request of Senator Connolly; and Senator Zieman, until he returns, on request of Senator Rehberg. BUSINESS PENDING House File 2496 The Senate resumed consideration of House File 2496. Senator Redfern moved that the Senate concur in House amendment S-5497 to Senate amendment H-8905. A record roll call was requested. On the question "Shall the motion to concur be adopted?" (H.F. 2496), the vote was: Ayes, 27: Angelo Bartz Behn Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Nays, 18: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Shearer Soukup Absent or not voting, 5: Boettger Dearden Rife Szymoniak Zieman The motion prevailed and the Senate concurred in the House amendment to the Senate amendment. Senator Redfern moved that the bill, as amended by the Senate, further 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?" (H.F. 2496), the vote was: Ayes, 45: Angelo Bartz Behn Black 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 Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Nays, none. Absent or not voting, 5: Boettger Dearden Rife Szymoniak 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 2245, House Files 2496, and 2560 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 2453 Senator Freeman called up for consideration 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, providing for contingent effectiveness, and providing effective dates, amended by the House in House amendment S-5663, filed April 26, 2000. Senator Freeman asked and received unanimous consent to withdraw amendment S-5668, filed by her from the floor to pages 1 and 2 of House amendment S-5663. Senator Black offered amendment S-5669, filed by him from the floor to pages 2 and 3 of House amendment S-5663. Senator Black asked and received unanimous consent to withdraw amendment S-5669. The Senate stood at ease at 5:20 p.m. until the fall of the gavel for the purpose of a Democratic caucus. The Senate resumed session at 5:54 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 37 present, 13 absent, and a quorum present. BUSINESS PENDING Senate File 2453 The Senate resumed consideration of Senate File 2453 and House amendment S-5663. Senator Redfern took the chair at 6:20 p.m. Senator Freeman 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 Freeman 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. 2453), the vote was: Ayes, 46: Angelo Bartz Behn Black 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 McCoy McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Boettger Dearden Maddox McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration House File 2579. House File 2579 On motion of Senator Lamberti, House File 2579, a bill for an act creating a tobacco settlement authority Act, authorizing the issuance of bonds, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator Angelo took the chair at 6:32 p.m. Senator Lamberti offered amendment S-5619, filed by the committee on Judiciary on April 25, 2000, striking everything after the enacting clause and to the title page of the bill, and deferred to Senator Redfern. Senator Redfern asked and received unanimous consent to withdraw amendment S-5619. Senator Lamberti offered amendment S-5675, filed by him from the floor to pages 1, 2, 6, 8, 9, 19, 20, and to the title page of the bill, and moved its adoption. Amendment S-5675 was adopted by a voice vote. With the adoption of amendment S-5675, the Chair ruled amendment S-5670, filed by Senator Lamberti from the floor to pages 6, 8, 9, 19, and 20 of the bill, out of order. 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?" (H.F. 2579), the vote was: Ayes, 29: Angelo Bartz Behn Drake Freeman Gaskill Hedge Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Szymoniak Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Jensen Judge Kibbie McCoy Shearer Soukup Absent or not voting, 2: Boettger 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 Hedge asked and received unanimous consent that Senate File 2453 and House File 2579 be immediately messaged to the House. LEADERSHIP RECOGNITION Senators Redwine and Hedge escorted Senator Iverson, Majority Leader, to the well of the Senate; Senators Szymoniak and Dvorsky escorted Senator Gronstal, Minority Leader, to the well of the Senate; Senators Maddox and Johnson escorted Senator Kramer, President of the Senate, to the well of the Senate; and Senators McKean and Bartz escorted Senator Redfern, President pro tempore, to the well of the Senate where they were presented with gifts on behalf of the members of the Senate in recognition of their service during the Seventy-eighth General Assembly. 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 11, 2000, passed the following bill in which the concurrence of the House was asked: Senate File 2439, a bill for an act relating to the accelerated career education program, providing a tax credit from withholding, creating an accelerated career education grant program and fund, relating to the transfer of job training withholding to the workforce development fund account, and providing an effective date. ALSO: That the House has on April 26, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2373, a bill for an act relating to the Iowa finance authority by providing for the issuance of closing protection letters and providing for the allocation of the state ceiling of federally tax- exempt private activity bonds. ALSO: That the House has on April 26, 2000, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 2433, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, and providing an effective date.(S-5678) HOUSE AMENDMENT CONSIDERED Senate File 2433 Senator King called up for consideration Senate File 2433, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, and providing an effective date, amended by the House, and moved that the Senate concur in House amendment S-5678, filed April 26, 2000. A record roll call was requested. On the question "Shall the motion to concur be adopted?" (S.F. 2433), the vote was: Ayes, 41: Angelo Bartz Behn Black Connolly Deluhery Drake Flynn Fraise Freeman Gaskill Gronstal Hansen Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Zieman Nays, 7: Bolkcom Dvorsky Fink Hammond Harper Rife Shearer Absent or not voting, 2: Boettger Dearden The motion prevailed 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. 2433), the vote was: Ayes, 42: Angelo Bartz Behn Black Connolly Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Gronstal Hansen Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Zieman Nays, 6: Bolkcom Fink Hammond Harper Rife Shearer Absent or not voting, 2: Boettger Dearden 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 2433 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2452. Senate File 2452 On motion of Senator McLaren, Senate File 2452, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and providing an effective date, was taken up for consideration. President Kramer took the chair at 7:29 p.m. Senator McLaren offered amendment S-5657, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S-5657 was adopted by a voice vote. With the adoption of amendment S-5657, the Chair ruled amendment S-5664, filed by Senators Judge and Hammond from the floor to page 1 of the bill, out of order. Senator Schuerer offered amendment S-5427, filed by him on April 13, 2000, to page 2 and to the title page of the bill, and moved its adoption. Amendment S-5427 was adopted by a voice vote. Senator McLaren asked and received unanimous consent to withdraw amendment S-5661, filed by him from the floor to pages 2, 3, 9, 11-13, 16, 17, and to the title page of the bill. With the withdrawal of amendment S-5661, the Chair ruled amendment S-5667, filed by Senator McLaren from the floor to page 8 of amendment S-5661, out of order. Senator McLaren offered amendment S-5673, filed by him from the floor to pages 2, 3, 9, 11-13, 16, 17, and to the title page of the bill. Senator Iverson offered amendment S-5674, filed by him from the floor to page 7 of amendment S-5673, and moved its adoption. Amendment S-5674 was adopted by a voice vote. Senator Maddox asked and received unanimous consent to withdraw amendment S-5676, filed by him from the floor to page 11 of amendment S-5673. Senator McLaren offered amendment S-5680, filed by him from the floor to pages 13 and 14 of amendment S-5673, and moved its adoption. Amendment S-5680 was adopted by a voice vote. Senator McLaren offered amendment S-5677, filed by him from the floor to page 14 of amendment S-5673, and moved its adoption. Amendment S-5677 was adopted by a voice vote. Senator Flynn asked and received unanimous consent to withdraw amendment S-5679, filed by him from the floor to page 14 of amendment S-5673. Senator Flynn offered amendment S-5682, filed by him from the floor to page 14 of amendment S-5673, and called for a division: Division S-5682A: Lines 3-23. Division S-5682B: Lines 24-34. Senator Flynn asked and received unanimous consent that action on division S-5682A be deferred. Senator Flynn moved the adoption of division S-5682B, which motion prevailed by a voice vote. Senator Flynn moved the adoption of division 5682A. Division S-5682A lost by a voice vote. Senator Lamberti offered amendment S-5683, filed by him from the floor to page 3 of amendment S-5673, and moved its adoption. Amendment S-5683 was adopted by a voice vote. Senator Connolly asked and received unanimous consent that action on amendment S-5673 be deferred. Senator Connolly asked and received unanimous consent to withdraw amendment S-5609, filed by him on April 25, 2000, to page 2 of the bill. Senator Connolly offered amendment S-5671, filed by him from the floor to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-5671 be adopted?" (S.F. 2452), the vote was: Ayes, 21: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Miller Redwine Shearer Soukup Szymoniak Nays, 26: Angelo Bartz Behn Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Redfern Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Boettger Dearden Rife Amendment S-5671 lost. With the deferral of amendment S-5673, the Chair deferred the following amendments: Amendment S-5551, filed by Senator McLaren on April 20, 2000, to page 2 of the bill; Amendment S-5411, filed by Senators Drake and Kibbie on April 13, 2000, to page 11 of the bill; Amendment S-5459, filed by Senator McLaren on April 17, 2000, to page 13 of the bill; and Amendment S-5573, filed by Senators Drake and Gronstal on April 24, 2000, to page 17 of the bill. Senator Bartz offered amendment S-5457, filed by him on April 17, 2000, to page 13 of the bill, and moved its adoption. Amendment S-5457 was adopted by a voice vote. Senator Rehberg offered amendment S-5662, filed by Senators Rehberg, et al., from the floor to page 17 of the bill, and moved its adoption. Amendment S-5662 was adopted by a voice vote. Senator Iverson offered amendment S-5672, filed by Senators Iverson and Gronstal from the floor to page 17 of the bill, and moved its adoption. Amendment S-5672 was adopted by a voice vote. Senator Flynn filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which division S-5682B to amendment S-5673 of Senate File 2452 was adopted by the Senate on April 26, 2000. The motion prevailed by a voice vote and division S-5682B, by Senator Flynn to page 14 of amendment S-5673, was taken up for consideration. Senator Flynn withdrew division S-5682B. Senator Connolly offered amendment S-5684, filed by him from the floor to page 11 of amendment S-5673. Senator Hammond asked unanimous consent that action on amendment S-5684 and Senate File 2452 be deferred. Senator Hammond withdrew her motion to defer. Senator Connolly moved the adoption of amendment S-5684. A record roll call was requested. On the question "Shall amendment S-5684 be adopted?" (S.F. 2452), the vote was: Ayes, 19: Black Bolkcom Connolly Deluhery Dvorsky Fink Flynn Gronstal Hansen Harper Judge Lundby McKean Redfern Redwine Shearer Soukup Szymoniak Tinsman Nays, 26: Angelo Behn Drake Fraise Freeman Gaskill Hedge Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKibben McLaren Miller Rehberg Rife Rittmer Sexton Veenstra Zieman Absent or not voting, 5: Bartz Boettger Dearden Hammond Schuerer Amendment S-5684 lost. Senator McLaren moved the adoption of amendment S-5673, as amended, which motion prevailed by a voice vote. With the adoption of amendment S-5673, the Chair ruled the following amendments, previously deferred, out of order: Amendments S-5551, S-5411, S-5459, and S-5573. Senator McLaren 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. 2452), the vote was: Ayes, 48: Angelo Bartz Behn Black 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, 2: Boettger 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 Senate File 2452 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 8:45 p.m., until the completion of a meeting of the committee on Rules and Administration. EVENING SESSION The Senate reconvened at 8:55 p.m., President Kramer presiding. 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 26, 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 2245, a bill for an act relating to penalties for city and county ordinances and to scheduled violations. ALSO: That the House has on April 26, 2000, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 108, a concurrent resolution recognizing the accomplishments of John Fletcher Lacey and commemorating the one-hundredth-year anniversary of the Lacey Act. ALSO: That the House has on April 26, 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 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.(S-5681) ALSO: That the House has on April 26, 2000, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 2579, a bill for an act creating a tobacco settlement authority Act, authorizing the issuance of bonds, and providing an effective date. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2552 Senator Maddox called up for consideration 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, amended by the Senate, further amended by the House, and moved that the Senate concur in the House amendment S-5652 to Senate amendment H-9077, filed April 26, 2000. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Maddox moved that the bill, as amended by the Senate, further 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?" (H.F. 2552), the vote was: Ayes, 48: Angelo Bartz Behn Black 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, 2: Boettger 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 House File 2552 be immediately messaged to the House. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 2549 Senator Rehberg called up for consideration 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, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-5681 to Senate amendment H-9105, filed April 26, 2000. A non-record roll call was requested. The ayes were 26, nays 22. The motion prevailed and the Senate concurred in the House amendment to the Senate amendment. Senator Rehberg moved that the bill, as amended by the Senate, further 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?" (H.F. 2549), the vote was: Ayes, 41: Angelo Bartz Behn Black Connolly Deluhery Drake Flynn Fraise Freeman Gaskill Gronstal 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 Soukup Szymoniak Tinsman Veenstra Nays, 7: Bolkcom Dvorsky Fink Hammond McCoy Shearer Zieman Absent or not voting, 2: Boettger 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 House File 2549 be immediately messaged to the House. The Senate stood at ease at 9:10 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 9:28 p.m., President Kramer presiding. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 129, a resolution relating to daily operations of the Senate. Recommendation: APPROVED COMMITTEE BILL. 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. INTRODUCTION OF RESOLUTION Senate Resolution 129, by committee on Rules and Administration, a resolution relating to daily operations of the Senate. Read first time and placed on calendar. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 129. Senate Resolution 129 On motion of Senator Iverson, Senate Resolution 129, a resolution relating to daily operations of the Senate, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 129, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 121, a concurrent resolution to provide for adjournment sine die. Recommendation: APPROVED COMMITTEE BILL.. 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. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 121, by committee on Rules and Administration, a concurrent resolution to provide for adjournment sine die. Read first time and placed on calendar. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Concurrent Resolution 121. Senate Concurrent Resolution 121 On motion of Senator Iverson, Senate Concurrent Resolution 121, a concurrent resolution to provide for adjournment sine die, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 121, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 121 be immediately messaged to the House. APPENDIX REPORT OF COMMITTEE MEETING RULES AND ADMINISTRATION Convened: April 26, 2000, 10:18 a.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Dvorsky, Fink, Harper, Jensen, Lundby, Redfern, Rehberg, and Rittmer. Members Absent: None. Committee Business: Passed SCRs 120, 121, SRs 128, and 129. Recessed: 10:19 a.m. Reconvened: 8:45 p.m. Adjourned: 8:46 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Martina Graber, Wayland - For your nomination to Academic All-State. Senator Shearer (04/26/00). Miranda Johnston, Riverside - For your nomination to Academic All-State. Senator Shearer (04/26/00). Erin Lyles, New London - For your nomination to Academic All-State. Senator Shearer (04/26/00). Rebecca Monger, Washington - For your nomination to Academic All-State. Senator Shearer (04/26/00). Kinsey Olson, Winfield-Mount Union - For your nomination to Academic All-State. Senator Shearer (04/26/00). Erin Orozco, Keokuk - For your nomination to Academic All-State. Senator Shearer (04/26/00). Sarah Warren, Mount Pleasant - For your nomination as a member to the 2000 Academic All-State Regional Team. Senator Shearer (04/26/00). Tara Wellman, Donnellson - For your nomination to Academic All-State. Senator Shearer (04/26/00). Andrea Wilson, Columbus Junction - For your nomination to Academic All-State. Senator Shearer (04/26/00). Jessica Wilson, Kalona - For your nomination to Academic All-State. Senator Shearer (04/26/00). The Denison Academic Decathlon Team, Denison - For representing the state of Iowa at the National Academic Decathlon Competition in San Antonio, Texas. Senator King (04/26/00). Robert K. Folkestad, Carlisle - For your 25 years of service in the Navy and Naval Reserve. Senator Fink (04/26/00). The Royal Scottish Country Dance Society of Central Iowa - For becoming a branch of the Royal Society after many years of affiliate status and for bringing fun and exercise to many members of the society. Senator Hammond (04/26/00). 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 26th day of April, 2000: Senate Files 419, 2010, 2144, 2243, 2427, 2430, 2438, 2455, and 2459. MICHAEL E. MARSHALL Secretary of the Senate REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2010, the following correction was made: 1. Page 2, line 1, the word and number "Section 101" were changed to the word and number "Section 1". ALSO: MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2430, the following corrections were made: 1. Page 20, line 33, the word and number "Section 18" were changed to the word and number "Section 16". 2. Page 21, line 2, the word and number "Section 19" were changed to the word and number "Section 20". 3. Page 21, line 5, the word and number "Section 21" were changed to the word and number "Section 22". ALSO: MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2459, the following corrections were made: 1. Page 31, line 28, the word and number "section 23" were changed to the word and number "section 25". 2. Page 31, line 29, the word and number "section 34" were changed to the word and number "section 36". MICHAEL E. MARSHALL Secretary of the Senate BILL 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 bill: S.F. 2395 - Relating to the creation of an information technology department and making related changes and providing an effective date. AMENDMENTS FILED S-5623 H.F. 2549 Michael W. Connolly John P. Kibbie S-5624 H.F. 2549 Michael W. Connolly John P. Kibbie S-5625 H.F. 2549 Michael W. Connolly John P. Kibbie S-5626 H.F. 2549 John P. Kibbie S-5627 H.F. 2549 Michael W. Connolly John P. Kibbie S-5628 H.F. 2549 John P. Kibbie S-5629 H.F. 2549 Michael W. Connolly John P. Kibbie S-5630 H.F. 2549 John P. Kibbie Michael W. Connolly S-5631 H.F. 2549 Michael W. Connolly John P. Kibbie S-5632 H.F. 2549 Michael W. Connolly S-5633 H.F. 2549 Michael W. Connolly S-5634 H.F. 2549 Michael W. Connolly John P. Kibbie S-5635 H.F. 2549 Michael W. Connolly John P. Kibbie S-5636 H.F. 2549 John P. Kibbie S-5637 H.F. 2549 Michael W. Connolly John P. Kibbie S-5638 H.F. 2549 Michael W. Connolly John P. Kibbie S-5639 H.F. 2549 John P. Kibbie Michael W. Connolly S-5640 H.F. 2549 Michael W. Connolly John P. Kibbie S-5641 H.F. 2549 Michael W. Connolly John P. Kibbie S-5642 H.F. 2549 John P. Kibbie S-5643 H.F. 2549 Patricia Harper Donald B. Redfern S-5644 H.F. 2549 Elaine Szymoniak S-5645 H.F. 2549 Nancy Boettger Elaine Szymoniak S-5646 H.F. 2549 Jack Rife S-5647 S.F. 2241 Andy McKean S-5648 S.F. 2241 Andy McKean S-5649 H.F. 2549 Jack Rife S-5650 S.F. 441 House S-5651 H.F. 2549 Kitty Rehberg S-5652 H.F. 2552 House S-5653 H.F. 2549 Robert E. Dvorsky Joe Bolkcom S-5654 H.F. 2549 Nancy Boettger Michael E. Gronstal S-5655 H.F. 2549 Ken Veenstra H. Kay Hedge Neal Schuerer Steve King S-5656 H.F. 2549 Robert E. Dvorsky Joe Bolkcom S-5657 S.F. 2452 Derryl McLaren S-5658 S.F. 2245 House S-5659 H.F. 2549 Wally E. Horn Robert E. Dvorsky S-5660 H.F. 2549 Robert E. Dvorsky Johnie Hammond Joe Bolkcom Patricia Harper S-5661 S.F. 2452 Derryl McLaren S-5662 S.F. 2452 Kitty Rehberg Jerry Behn Neal Schuerer Steve King Richard F. Drake Jack Rife Merlin E. Bartz Larry McKibben S-5663 S.F. 2453 House S-5664 S.F. 2452 John Judge Johnie Hammond S-5665 S.F. 2245 Andy McKean S-5666 H.F. 2560 House S-5667 S.F. 2452 Derryl McLaren S-5668 S.F. 2453 Mary Lou Freeman S-5669 S.F. 2453 Dennis H. Black S-5670 H.F. 2579 Jeff Lamberti S-5671 S.F. 2452 Michael W. Connolly S-5672 S.F. 2452 Stewart E. Iverson, Jr. Michael E. Gronstal S-5673 S.F. 2452 Derryl McLaren S-5674 S.F. 2452 Stewart E. Iverson, Jr. S-5675 H.F. 2579 Jeff Lamberti S-5676 S.F. 2452 Gene Maddox S-5677 S.F. 2452 Derryl McLaren S-5678 S.F. 2433 House S-5679 S.F. 2452 Tom Flynn S-5680 S.F. 2452 Derryl McLaren S-5681 H.F. 2549 House S-5682 S.F. 2452 Tom Flynn S-5683 S.F. 2452 Jeff Lamberti S-5684 S.F. 2452 Michael W. Connolly The Senate stood at ease at 9:49 p.m. until the fall of the gavel. The Senate resumed session, President Kramer presiding. 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 26, 2000, adopted the following resolutions in which the concurrence of the House was asked: Senate Joint Resolution 2005, a joint resolution nullifying amendments to administrative rules of the department of revenue and finance concerning the classification of condominiums for property tax purposes and providing an effective date. Senate Concurrent Resolution 121, a concurrent resolution to provide for adjournment sine die. ALSO: That the House has on April 26, 2000, passed the following bills in which the concurrence of the House was asked: Senate File 2331, a bill for an act relating to the interest a member of the board of directors of a school corporation may have in a contract with the director's school corporation. Senate File 2452, a bill for an act relating to public expenditure and regulatory matters, making appropriations, and including effective date and retroactive applicability provisions. ALSO: That the House has on April 26, 2000, concurred in the Senate amendments and passed the following bills in which the concurrence of the House was asked: House File 620, a bill for an act relating to persons with disabilities by providing for the use of wheelchair parking cones, providing for persons with disabilities registration plates for trailers, and providing for penalties. House File 2205, a bill for an act relating to electronic commerce by establishing requirements for electronic transactions and electronic records and providing penalties. FINAL DISPOSITION OF MOTIONS TO RECONSIDER Pursuant to Senate Rule 24, the following motions to reconsider, which remained on the Senate calendar upon the adjournment of the 2000 Regular Session of the Seventy-Eighth General Assembly, were determined to have failed: SENATE FILE 2428, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, and making related statutory changes (Senate passed April 17, 2000). Motion filed by Senator Iverson on April 17, 2000. SENATE FILE 2258, a bill for an act relating to the regulation of controlled substances and precursors to controlled substances (Senate passed February 28, 2000). Motion filed by Senator Bartz on February 28, 2000. HOUSE FILE 2548, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, sales and use, hotel and motel, real estate transfer, environmental protection charge on petroleum diminution, property, motor fuel, special fuel, cigarette and tobacco products, and inheritance taxes, treatment of motor fuel under the local option taxes, and authorizing tax agreements with Indian tribes, and including effective and retroactive applicability date provisions (Senate passed April 24, 2000). Motions filed by Senators Lamberti and Gronstal on April 24, 2000. 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 26th day of April, 2000: Senate Files 441, 466, 2241, 2245, 2246, 2252, 2265, 2276, 2327, 2331, 2428, 2429, 2433, 2435, 2439, 2452, and 2453. MICHAEL E. MARSHALL Secretary of the Senate RESOLUTION ENROLLED, SIGNED, AND SENT TO THE SECRETARY OF STATE The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following resolution has been enrolled, signed by the President of the Senate and the Speaker of the House, and submitted to the office of the Secretary of State on this 26th day of April, 2000: Senate Joint Resolution 2005. MICHAEL E. MARSHALL Secretary of the Senate REPORTS OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 466, the following corrections were made: 1. Page 9, line 5, the letter "a." was deleted. 2. Page 9, line 8, the letter "b." was changed to the letter "a." 3. Page 9, line 14, the letter "c." was changed to the letter "b." ALSO: That in enrolling Senate File 2428, the following correction was made: 1. Page 22, line 34, the word and number "Section 500" were changed to the word and number "Section 25". ALSO: That in enrolling Senate File 2429, the following corrections were made: 1. Page 23, line 16, the word and letter "paragraph "h"" were changed to the word and letter "paragraph "i"". 2. Page 23, line 22, the word and number "Section 9" were changed to the word and number "Section 10". 3. Page 23, line 25, the word and number "Section 11" were changed to the word and number "Section 13". 4. Page 23, line 30, the word and number "Section 100" were changed to the word and number "Section 14". 5. Page 23, line 33, the word and number "Section 13" were changed to the word and number "Section 16". ALSO: That in enrolling Senate File 2433, the following corrections were made: 1. Page 4, line 1, the word "Internet" was changed to the word "internet". 2. Page 9, line 33, the words "inserting the following" were changed to the words "inserting in lieu thereof the following:". 3. Page 6, line 8, the word and number "section 201" were changed to the word and number "section 27". 4. Page 20, line 21, the words and numbers "Sections 7 through 11" were changed to the words and numbers "Sections 8 through 12". 5. Page 20, line 25, the words and numbers "sections 7 through 11" were changed to the words and numbers "sections 8 through 12". 6. Page 21, lines 15 and 16, the words and numbers "Sections 5, 101, 102, 103, 12, 13, 14, 15, 16, 17, 104, and 105" were changed to the words and numbers "Sections 5, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, and 28". ALSO: That in enrolling Senate File 2435, the following corrections were made: 1. Page 68, line 17, the word and number "Section 15" were changed to the word and number "Section 16". 2. Page 68, line 20, the word and number "Section 15" were changed to the word and number "Section 16". 3. Page 68, line 22, the word and number "Section 15" were changed to the word and number "Section 16". 4. Page 68, line 24, the word and number "Section 26" were changed to the word and number "Section 27". 5. Page 68, line 27, the word and number "Section 35" were changed to the word and number "Section 36". 6. Page 68, line 29, the words and numbers "Sections 100 and 101" were changed to the words and numbers "Sections 37 and 40". 7. Page 68, line 32, the word and number "Section 39" were changed to the word and number "Section 42". 8. Page 69, line 1, the word and number "Section 40" were changed to the word and number "Section 43". ALSO: That in enrolling Senate File 2439, the following correction was made: 1. Page 8, line 10, the words "takes upon enactment" were changed to the words "takes effect upon enactment". ALSO: That in enrolling Senate File 2452, the following corrections were made: 1. Page 6, line 3, the words "Iowa Act" were changed to the words "Iowa Acts". 2. Page 6, line 12, the words "The section in" were changed to the words "The sections in". 3. Page 6, line 14, the words "takes effect" were changed to the words " take effect". 4. Page 6, line 17, the words "2000 session" were changed to the words "2000 Session". 5. Page 6, line 18, the words "general assembly" were changed to the words "General Assembly". 6. Page 9, line 1, the words "2000 Acts" were changed to the words "2000 Iowa Acts". 7. Page 10, line 28, the word "Section" was inserted before the figure "554D.104". 8. Page 21, line 21, a comma was inserted after the number "232.8". ALSO: That in enrolling Senate File 2453, the following correction was made: 1. Page 21, lines 34 and 35, the words and numbers "Sections 17, 29, 30, 31, and 36" were changed to the words and numbers "Sections 18, 30, 31, 32, and 37". MICHAEL E. MARSHALL Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 26, 2000, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 421 - To extend the jurisdiction of the juvenile court to include adoption and termination of parental rights proceedings. S.F. 2424 - Updating the Iowa Code references to the Internal Revenue Code, amending the earned income credit, amending requirements for nonresident taxpayers, providing tax benefits to military personnel in hazardous duty areas, and providing effective and retroactive applicability dates. COMMITTEE TO NOTIFY THE GOVERNOR Senator Maddox moved that a committee be appointed to notify the Governor that the Senate was ready to adjourn sine die, in accordance with Senate Concurrent Resolution 121. The motion prevailed by a voice vote and the Chair appointed as such committee Senators Hedge, Boettger, and Gronstal. COMMITTEE TO NOTIFY THE HOUSE Senator Maddox moved that a committee be appointed to notify the House that the Senate was ready to adjourn sine die, in accordance with Senate Concurrent Resolution 121. The motion prevailed by a voice vote and the Chair appointed as such committee Senators Lamberti and Shearer. COMMITTEE FROM THE HOUSE A committee from the House appeared and announced that the House was ready to adjourn sine die. REPORT OF COMMITTEE TO NOTIFY THE HOUSE Senator Lamberti reported that the committee appointed to notify the House that the Senate was ready to adjourn sine die had performed its duty. The report was received and the committee was discharged. REPORT OF COMMITTEE TO NOTIFY THE GOVERNOR Senator Hedge reported that the committee appointed to notify the Governor that the Senate was ready to adjourn sine die had performed its duty. The report was received and the committee was discharged. FINAL ADJOURNMENT By virtue of Senate Concurrent Resolution 121, duly adopted, the day of April 26, 2000, having arrived, President Kramer declared the 2000 Regular Session of the Seventy-Eighth General Assembly adjourned sine die. MESSAGE FROM THE GOVERNOR June 6, 2000 The Honorable Brent Siegrist Speaker of the House State Capitol Des Moines, IA 50319 The Honorable Mary Kramer President of the Senate State Capitol Des Moines, IA 50319 Speaker Siegrist and President Kramer, Lt. Governor Sally Pederson and I are pleased that many of the Leadership Agenda items that we proposed for this session were approved by the Legislature. We took progressive steps toward reaching our goal of realizing Iowa's promise by ensuring that we have more Iowans, younger Iowans, and better-paid Iowans. When the Legislature worked with us in a bipartisan way, we accomplished great things for the people of Iowa. The Legislature passed many of our proposals that will help Iowa grow, retain, and recruit a skilled workforce, including the New Economic Opportunities Fund and Jobs for America's Graduates. One of the quality of life items that we proposed that was passed by the Legislature was the Millennium Fund. This program will help Iowa by providing financial support for developing major commercial attractions. At our insistence, this program will also provide state funds to help many of Iowa's smaller school districts repair and replace aging or unsafe schools buildings. Over the past month, we signed into law a fiscally responsible and balanced state budget. This new budget, like the one we proposed, will have the lowest percentage increase in state spending in recent memory. The Vilsack/Pederson Administration has worked hard and creatively to leverage federal dollars to provide more long-term care options for Iowa's senior citizens; improve water quality; and provide a health care system that ensures access to comprehensive care, especially preventive medical and dental care for Iowa children. However, we are disappointed that the Legislature neglected many other critical needs of Iowans. Several good, common sense, pro-Iowa issues as increasing ethanol use, lowering the standard for drunk driving to .08, simplifying Iowa's tax code, creating local control of hog lot siting, and requiring child safety locks for hand-guns failed to pass the Legislature. These are issues that Iowans expect to be addressed as we make our state a better place to live, work, and raise a family. We are pleased that many of our initiatives that passed this session will improve the quality of life for Iowa's working families. We hope to build on these successes in the years ahead. Sincerely, THOMAS J. VILSACK Governor JOURNAL OF THE SENATE WEDNESDAY, APRIL 26, 2000 Page 1455 SUPPLEMENT TO THE SENATE JOURNAL Seventy-Eighth General Assembly 2000 Regular Session SENATE BILLS APPROVED, VETOED, AND ITEM VETOED SUBSEQUENT TO ADJOURNMENT The following is a record of action on Senate bills by the Governor and transmitted to the Secretary of State after the close of the 2000 Regular Session: SENATE BILLS APPROVED S.F. 228 - Authorizing school districts and nonpublic schools to perform certain abuse record checks. Approved 5-3-00. S.F. 292 - Providing for the designation of investigative information possessed by the board of educational examiners as privileged and confidential. Approved 5-19-00. S.F. 419 - Applying certain veterinary practice requirements to persons providing veterinary medical services, owning a veterinary clinic, or practicing veterinary medicine. Approved 5-15-00. S.F. 441 - Providing an exemption from certain requirements of self-insured dental insurance plans provided by school corporations. Approved 5-19-00. S.F. 466 - Relating to the remediation of agrichemical sites, and establishing a fund. Approved 5-15-00. S.F. 2010 - Relating to the traditional livestock producer's linked investment loan program by modifying eligibility requirements, and providing for a temporary preference in executing agreements. Approved 5-9-00. S.F. 2092 - Relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates. Approved 5-3-00. S.F. 2113 - Relating to the licensing of individuals engaged in the healing art of massage therapy. Approved 5-15-00. S.F. 2144 - Relating to regulation and inspection of health care facilities including the establishment of a quality-based inspections system. Approved 5-11-00. S.F. 2214 - Relating to residential landlord-tenant law, by making certain changes related to forcible entry and detainer actions. Approved 5-23-00. S.F. 2241 - Relating to penalties and regulations concerning certain criminal offenses and liquor licenses and permits. Approved 5-19-00. S.F. 2243 - Relating to the placement in treatment programs of offenders sentenced for operating while intoxicated violations. Approved 5-19-00. S.F. 2245 - Relating to law enforcement agencies, and to the enforcement of criminal offenses and local ordinances, and making penalties applicable. Approved 5-19-00. S.F. 2246 - Relating to the accumulation of credit upon an inmate's sentence for Iowa inmates incarcerated in another jurisdiction. Approved 5-19-00. S.F. 2252 - Eliminating the future repeal of the school finance formula and providing for periodic legislative review. Approved 5-15-00. S.F. 2265 - To provide an additional sentence of parole or work release for certain persons who commit the crime of lascivious acts with a child. Approved 5-4-00. S.F. 2276 - Relating to the application of earned time credits against a criminal sentence and providing an effective date. Approved 5-9-00. S.F. 2327 - 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. Approved 5-10-00. S.F. 2331 - Relating to the interest a member of the board of directors of a school corporation may have in a contract with the director's school corporation. Approved 5-15-00. S.F. 2390 - Relating to the duties of divisions within the department of inspections and appeals and codifying the establishment and duties of the existing health facilities division. Approved 5-3-00. S.F. 2419 - Providing for limitations on investments by city hospitals. Approved 5-3-00. S.F. 2429 - 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 office of drug control policy, and the commission of veterans affairs, and providing effective dates and retroactive applicability provisions. Approved 5-8-00. S.F. 2430 - Relating to and making appropriations involving state government, including provisions affecting agriculture and natural resources and providing effective dates. Approved 5-11-00. S.F. 2438 - Relating to the creation of a water quality district, providing for the levy of a tax, and providing for other properly related matters. Approved 5-11-00. S.F. 2439 - Relating to the accelerated career education program, providing a tax credit from withholding, creating an accelerated career education grant program and fund, relating to the transfer of job training withholding to the workforce development fund account, and providing an effective date. Approved 5-18-00. S.F. 2444 - Relating to the taxation of property used by the Iowa national guard. Approved 5-19-00. S.F. 2447 - Relating to public improvements and providing financial assistance to communities and school districts by creating a school infrastructure program and fund, continuing the community attraction and tourism program and fund, creating a vision Iowa board, creating a vision Iowa program and fund, providing bonding authority to the treasurer of state, and exempting certain income from taxation. Approved 5-9-00. S.F. 2455 - Relating to eligibility for United States armed forces retired special motor vehicle license plates. Approved 5-3-00. S.F. 2459 - Relating to the deadline for municipalities to file annual financial reports for urban renewal areas. Approved 5-3-00. GOVERNOR'S VETO MESSAGE May 23, 2000 The Honorable Chester Culver Secretary of State of Iowa State Capitol LOCAL Dear Mr. Secretary: I hereby transmit Senate File 2427, 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. I am unable to approve Senate File 2427 and hereby transmit it to you in accordance with Article III, Section 16, of the Constitution of the State of Iowa. Senate File 2427 amends Iowa Code chapter 103A dealing with the State Building Code. It expands the definition of factory-built structures to include mobile homes, manufactured homes and modular homes and requires installers of these structures to be certified by the Commissioner of Public Safety. It also provided for the assessment of a civil penalty for violations of the act. The act also contains a provision which reads: A person who is injured in person or property by reason of another person's violation of any of the standards adopted pursuant to this chapter for the installation of a manufactured home may bring a civil action for actual damages against the violator. While I am supportive of the provisions requiring certification of installers and enforcement of this process, I am unable to approve the bill as a whole. The above language is ambiguous. Based upon prior court decisions, it is reasonable to believe that a court would interpret this language to preclude an award of punitive damages. This bill was intended to increase consumer protection and I do not want to put consumers at risk of losing the ability to pursue remedies that currently exist under law by signing it into law. For this reason, I hereby respectfully disapprove Senate File 2427. Sincerely, THOMAS J. VILSACK Governor GOVERNOR'S ITEM VETO MESSAGES May 18, 2000 The Honorable Chester Culver Secretary of State State Capitol L O C A L Dear Mr. Secretary: I hereby transmit Senate File 2428, an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making related statutory changes, and providing an effective date. Economic development touches all Iowans, and I am pleased that this bill seeks to provide additional opportunities throughout our state. It is notable that several initiatives the Lieutenant Governor and I developed to create more Iowans, younger Iowans, and better paid Iowans are contained within this bill. Our state will benefit from additional worker training opportunities at community colleges through the ACE program, assistance to businesses that provide new employment opportunities for Iowans with disabilities and minority population, additional immigration services, and worker safety. These are quality of life issues that better our state and make it more attractive to those looking for a place to live and work. Senate File 2428 is, therefore, approved on this date with the following exceptions, which I hereby disapprove. I am unable to approve section 1, subsection 2a, unnumbered paragraph 3. This would require the department of economic development and the small business development centers develop a written report on services provided by each and identify the distinct services to be provided by the department and the small business development centers and recommend actions that would eliminate any duplication of services. The department and the small business development centers undertook this exercise prior to the last legislative session. It would be more appropriate for them to continue working on resolving issues under consideration from that report than to restart the process from the beginning. I am unable to approve the designated portion of section 12, subsection 5, unnumbered paragraph 2. This prevents the department of workforce development from allocating additional penalty and interest revenues prior to January 30, 2001. In the past, the department has had the flexibility to identify projects or target areas that would receive funding and report these expenditures to the legislature. The language contained in this bill is unduly prescriptive, usurps normal executive branch functions, and could hamper administration of the fund. I am unable to approve section 19 in its entirety. This would expand the acceptable uses of the physical infrastructure fund to include program capital costs for the accelerated career education program. Senate File 2453 already provides $5.3 million for accelerated career education program capital projects; the $2.5 million for the physical infrastructure assistance fund should be targeted toward community infrastructure improvement projects, such as, for example, child care facilities, that do not have an alternative funding source. I am unable to approve section 27 in its entirety. Subsection 1 would require the information technology services division of the department of general services to study the workforce investment one-stop program and submit a report by January 15, 2001. This issue has already received thorough study, and I believe that there are more productive uses for the division and the department's time. Subsection 2 would require the department of workforce development to submit a written report by August 10, 2000 for a plan for financing the state's system of workforce development centers after the administrative contribution surcharge is repealed. The short timeframe provided for the completion of the study will make it difficult for the department to adequately address these issues as well as those involved in meeting their statutory requirements under Iowa Code Chapter 8.23. For the above reasons, I hereby respectfully approve Senate File 2428 with the exceptions noted above. Sincerely, THOMAS J. VILSACK Governor May 13, 2000 The Honorable Chester Culver Secretary of State State Capitol L O C A L Dear Mr. Secretary: I hereby transmit Senate File 2433, an act relating to state government technology and operations, by making and relating to appropriations to the Iowa Communications Network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, and providing an effective date. Senate File 2433 is a bill I will approve reluctantly, as it contains a number of useful provisions which will begin to upgrade and modernize technology operations in state government, but falls far short of meeting the identified needs. If we are to truly run our state government "like a business," the legislature must do much better, in the future, to provide an adequate, dedicated funding stream for technology projects, just as many businesses do. In this electronic day and age, as we are attempting to manage the large enterprise of state government and provide easier, round the clock access to government services to all Iowans, we must have adequate resources to upgrade technology. This bill provides needed operational funding for information technology, but at levels notably below my recommendations. This bill provides needed funding for technology projects that will allow services to be more efficiently delivered to Iowans, but at levels greatly below-perhaps as much as 50% below-the level needed. I am hopeful that legislators will understand the need for us to work together in the coming year, as we begin to implement both the new Information Technology Department, and the provisions of this bill, to do significantly better next year on providing the necessary adequate, dedicated funding for technology. We will only succeed at providing the greatest management efficiencies and access to government services for Iowa taxpayers when we have done so. This bill does not fully accomplish those goals. I hereby approve Senate File 2433, with the following exceptions, which I hereby disapprove. I am unable to approve the item designated as Section 4, unnumbered paragraph, in its entirety. This item requires the approval of the Department of Management prior to any possible fee increases by the new Information Technology Department. Given the underfunding of the ITD operations budget by the legislature, there is a distinct possibility that fee increases may be necessary. I have received assurances that the two departments will work cooperatively to examine any proposed fee or rate increases, without the necessity of this legislative mandate. I am unable to approve the item designated as Section 5, subsection 2d, in its entirety. This item allocated $200,000 to the Department of Management to develop an automated budget program for Township Trustees. This request was not submitted for review by the Information Technology Infrastructure Advisory Committee, and to my knowledge was not even a part of any committee discussion during the legislative process. For these reasons, I believe it is premature to earmark funds for this project, or to elevate it above other worthy projects already evaluated. If this project is submitted for review later this year by the advisory committee, I will give it further consideration at that time. I am unable to approve the items designated as Sections 23, 24, 25, and 26 in their entirety. These items amend portions of Senate File 2395, the Information Technology Department bill, which was previously passed. These sections deal with the development and implementation of technology standards in state government. I appreciate the efforts of legislators to improve the language in these sections by amendment late in the process. Upon further review, however, I have come to the conclusion that the language in these sections, even as amended, is not needed. For the above reasons, I hereby respectfully approve Senate File 2433 with the exceptions noted above. Sincerely, THOMAS J. VILSACK Governor May 17, 2000 The Honorable Chester Culver Secretary of State State Capitol L O C A L Dear Mr. Secretary: I hereby transmit Senate File 2435, 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. The human services appropriations bill is a vitally important measure for literally hundreds of thousands of Iowans. For many of our neighbors, family members, and friends, it provides the services they most need to assist families, assure basic health care for children, nursing home care for senior citizens, treatment for those with mental illness, and assistance for those with mental retardation or developmental disabilities. I am grateful that we, legislators and myself, were able to work together in several areas to bring about funding for needed services. This includes an additional $650,000 to expand the number of school liaisons to an additional 25 schools and expand the family support subsidy program so that an additional 50 youngsters with mental retardation may remain in their own homes. Senate File 2435 also includes the addition of $3.55 million to assist low income, working parents with child care and an additional $2.55 to community empowerment programs to assist communities with their efforts in child care and helping families reach self sufficiency. While I am supportive of some efforts this Legislature made, Senate File 2435 also provides funding that is $3.6 million below the level that I recommended at the beginning of the session. It also contains sections that are either flawed or negatively impact the Department of Human Services efforts to carry out its duties in an effective manner. Therefore, I am unable to approve Senate File 2435 in its entirety. Senate File 2435 is, therefore, approved on this date with the following exceptions, which I hereby disapprove. I am unable to approve the item designated as Section 4, subsection 1f, in its entirety. This language would put restrictions on implementing electronic benefit transfer in the most cost effective manner as required by federal regulations. I am unable to approve the designated portion of Section 8, subsection 11. This item purports to encourage the department to implement an adult mental health rehabilitation option under the medical assistance program. While I am supportive of this effort, this language relates to scheduling meetings for the next session and may have the opposite effect of the intended language by slowing down the process. For this reason, I am unable to support the designated portion of this item. I am unable to approve the item designated as Section 8, subsection 15, in its entirety. This language proposes that the department pursue options to provide additional medical services that are not permitted under federal regulations to adults with special needs. While I am sympathetic to the intent of this section, no funding has been provided for this purpose. Without adequate resources, additional options are not viable. I am unable to approve the item designated as Section 8, subsection 17, in its entirety. This language directs the department to study and provide options for personal assistance services. This same topic is addressed in subsection 14 which directs the Department of Human Services to pursue options for personal assistance services. The language in subsection 17 is very prescriptive, and additional funds were not added to the Medical Assistance program for this purpose. Striking this language allows us to retain the proposed $100,000 for its original intended purpose of providing services to people for their health needs, rather than diverting these dollars to this proposed study. I am unable to approve the item designated as Section 11, subsection 5, in its entirety. Here again, the bill contains language scheduling a meeting for the next legislative session. In this case, it applies to community action agencies that are not part of the department. I am unable to approve the item designated as Section 16, unnumbered paragraph three. This item supports the department's initiatives in the area of revising reimbursement methodologies. However, it ties the language to a methodology that has been pending and may be under consideration by the federal government for an undetermined period of time. While this is pending, I am directing the department to proceed with the pilot proposal in the most effective manner possible. I am unable to approve the item designated as Section 16, subsection 16, in its entirety. This section allocates $50,000 for a child welfare services work group. However, no additional funds were added to the appropriation for this purpose. While appropriations for this work group's operation have been requested, its funding over the past several years have largely been the result of diverting funds from other purposes. The state would benefit more from utilizing appropriations, as originally intended, for services that directly affect Iowa children and families. I am unable to approve the item designated as Section 20, subsection 7, in its entirety. This would require each mental health institute to continue the net budgeting accounting test of managing revenues and expenditures attributable to the mental health institutes, and submit a status report in October 2000 that identifies the advantages and disadvantages of utilizing this budget approach. The institutes have previously conducted this test and reported the results. Given that Legislature's budgets for mental health institutions were significantly reduced below my recommendations and absent an appropriation to accomplish these tasks, the state will benefit more from utilizing appropriations for services that directly assist Iowa children and families. I am unable to approve the item designated as Section 24, subsection 2, in its entirety. This item would reimburse certain intermediate care facilities for the mentally retarded that predominantly care for persons with a head or brain injury in a different manner than other similar facilities. I am sensitive to the need for services for people with brain or head injuries. I had initially proposed new funding for programs that included brain injury which the legislature chose not to fund. This provision does not provide additional funding, but rather, it takes funds from state cases which serve persons with mental illness or developmental disabilities. It also gives the appearance of expanding services to additional people when it does not. Therefore, rather than implementing this section, I am directing the department to evaluate the system to determine if resources can be spent in a more efficient and effective manner. I am unable to approve the item designated as Section 29, subsection 4, in its entirety. This would require the department to redirect state-county technical support staff. The result would be dramatically reduced services to counties. The department must retain the flexibility necessary to make staffing decisions based upon the need to provide services to Iowa children and families. I am unable to approve the item designated as Section 29, subsection 5, in its entirety. This language addresses the department's efforts to seek and or revise reimbursement methodologies that would best provide the results needed for Iowa's families and children. While the thrust of the language is supportive of the department's efforts, this language appears to be flawed, and therefore, I am unable to support this item. However, the department will continue to work with the legislative branch in developing methodologies that will bring about the best results for Iowa's families. I am unable to approve the item designated as Section 31, subsection 2d, in its entirety. Here again, the bill contains language scheduling a meeting for next legislative session, in this case, with persons in the nursing industry. I am unable to approve the item designated as Section 36 in its entirety. This item requires the department to conduct an evaluation of the child protection system, including "a determination of whether the system changes have improved the safety of children and the support of families in the community, and should identify indicators of increased community involvement in child protection." This study has been requested, but no funds have been appropriated to complete the study for the last three years. The department will contract with consultants from nationally respected child welfare organizations, using funds from private sources to complete an assessment of the child protection system. However, the requirements of Section 36 would increase the scope of that assessment and increase the cost. Rather than using state funding intended for other programs to meet this requirement, the state would benefit more from utilizing current appropriations for services that directly affect Iowa children and families. I am unable to approve the items designated as Section 46, subsections 2, 3 and 8. These items, relating to effective dates, are not approved to be consistent with other actions disapproved in this bill. For the above reasons, I hereby respectfully disapprove these items in accordance with Amendment IV of the Amendments of 1968 to the Constitution of the State of Iowa. All other items in Senate File 2435 are hereby approved as of this date. Sincerely, THOMAS J. VILSACK Governor May 23, 2000 The Honorable Chester Culver Secretary of State State Capitol L O C A L Dear Mr. Secretary: I hereby transmit Senate File 2452, an act relating to public expenditure and regulatory matters, making appropriations, and including effective date and retroactive applicability provisions. Senate File 2452 is the annual standing appropriation bill and provides for many technical changes and corrections in numerous bills passed during this session. The bill provides for a two percent increase in fiscal year 2002 for county mental health/mental retardation/developmental disabilities appropriation. The bill also provides for a new program to pay death benefit claims for volunteer fire fighters, emergency medical care providers, and emergency rescue technicians who are killed in the line of duty. I am unable to approve the item designated as Section 19 in its entirety. This section establishes a Microsoft Settlement Fund and requires that the state's portion of any monies paid to the state by Microsoft in settlement of its federal antitrust lawsuit be deposited into this fund and used only as appropriated by the general assembly. In previous years, including the current year, the legislature has authorized the Department, in the Department of Justice appropriation bill, to retain damages, costs and attorney fees awarded to the state in antitrust cases. These monies are held in a nonreverting fund that is to be used exclusively for the enforcement of the Iowa competition law. While the state's antitrust litigation against Microsoft does not include a request for monetary damages, the Department of Justice has incurred significant costs in the case, and the Department will seek to recover these costs and attorneys fees for this time from Microsoft. These costs should be placed in the antitrust fund like all other antitrust cases - not in a separate fund. I am unable to approve the item designated as Section 30 in its entirety. This section strikes, in Senate File 2453, the opportunity for the Department of General Services to include a recommendation of long-term leases from the study for additional facilities for state agencies. This elimination unnecessarily limits the options available for the Department to include in the study. I am unable to approve the item designated as Section 78 in its entirety. This section makes a technical amendment to House File 2486 that deals with residency requirements to obtain fishing and hunting licenses. However, HF 2008, which was approved by the Legislature, corrected the deficiency. Therefore, the amendment in Senate File 2452, Section 78, is inaccurate and should be removed. For the above reasons, I hereby respectfully approve Senate File 2452 with the exceptions noted above. Sincerely, THOMAS J. VILSACK Governor May 11, 2000 The Honorable Chester Culver Secretary of State State Capitol L O C A L Dear Mr. Secretary: I hereby transmit Senate File 2453, an act relating to and making appropriations from the rebuild Iowa infrastructure fund to state departments and agencies, including the department of natural resources, the department of agriculture and land stewardship, 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, providing for contingent effectiveness, and providing effective dates. I appreciate the efforts of Republicans and Democrats in allocating approximately $11.2 million toward the creation of the Clean Water Initiative. This investment will create a comprehensive set of initiatives aimed at improving Iowa's water resources. The package includes the establishment of buffer strips, efforts to restore and construct wetlands, and expansion of water quality monitoring and watershed programs. These projects not only provide cleaner and safer water, but they will protect our natural resources, protect our public infrastructure - like roads and bridges - from flood damage, and protect our aquatic wildlife. Most importantly, we need to make sure that our commitment to clean, safe drinking water does not end this year. For these reasons, Senate File 2453 is, therefore, approved on this date with the following exceptions, which I hereby disapprove. I am unable to approve the designated portion of section 18. This item prohibits any of the community attraction and tourism funds from being expended for development and promotional purposes. The Legislature specifically authorized the use of these funds for these purposes in last year's infrastructure appropriations bill. I believe it is appropriate to allow the new Vision Iowa Board to determine if they want to continue that practice. I am unable to approve the designated portion of section 22, subsection 2. This item would carry unused balances of the environment first fund appropriation to the subsequent fiscal year. Because the legislature has overspent from the infrastructure budget this year, it is necessary to develop a mechanism to balance it. The effect of this item veto, coupled with those below, will be to allow unspent resources in the environment first fund to return to the rebuild Iowa infrastructure fund at the end of the fiscal year. This will help correct the Legislature's infrastructure budget deficit. I am unable to approve section 24 in its entirety. This item would extend the restore the outdoors program through fiscal year 2004. The restore the outdoors program is a statutory appropriation that is already funded in the coming fiscal year. It makes more sense to deal with extending the program next year, when all other FY 2002 budget issues are being discussed. I am unable to approve section 25, subsection 6 in its entirety. This item appropriates $1,300,000 for the agricultural drainage well system assistance program. This is an important program, and I regret that the Legislature's overspending requires me to make an item veto of these funds. However, there is currently $5.5 million available from previous appropriations for this assistance which will sustain the fund for FY '01. If the Legislature will submit a properly balanced infrastructure budget next year, I would be willing to restore funding for this purpose. I am unable to approve section 28 in its entirety. This item would carry unused balances of appropriations made from the environment first fund to the subsequent fiscal year. Once again, this is necessary to ensure that the infrastructure budget deficit presented to me by the legislature is eliminated. I am unable to approve section 33 in its entirety. This item relates to the billing of services by the department of general services. This is an executive branch function that should not be legislatively imposed. For the above reasons, I hereby respectfully approve Senate File 2453 with the exceptions noted above. Sincerely, THOMAS J. VILSACK Governor 1384 JOURNAL OF THE SENATE 108th Day 1385 108th Day WEDNESDAY, APRIL 26, 2000 1454 1456 SUPPLEMENT 1455 1454 1457 SUPPLEMENT 1468
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