Senate Journal: Thursday, January 25, 2001

  EIGHTEENTH CALENDAR DAY
  TWELFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, January 25, 2001

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Neal Cross, pastor of the New
  Hope United Methodist Church in Des Moines, Iowa, guest of Senator
  Maddox.

  The Journal of Wednesday, January 24, 2001, was approved.

  The Senate stood at ease at 9:06 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 9:45 a.m., President Kramer
  presiding.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 5.

  Senate Concurrent Resolution 5

  On motion of Senator Iverson, Senate Concurrent Resolution 5,
  a concurrent resolution relating to the compensation of chaplains,
  officers and employees of the seventy-ninth general assembly, was
  taken up for consideration.

  Senator Iverson moved the adoption of Senate Concurrent
  Resolution 5, which motion prevailed by a voice vote.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 43.

  House File 43

  On motion of Senator Dearden, House File 43, a bill for an act
  relating to the rulemaking authority of the natural resource
  commission regarding the taking and possession of migratory birds,
  with report of committee recommending passage, was taken up for
  consideration.

  Senator Holveck offered amendment S-3006, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3006 lost by a voice vote.

  Senator Dearden 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. 43), the vote was:

  Ayes, 26:

  Angelo	Bartz	Behn	Boettger
  Dearden	Deluhery	Fiegen	Flynn
  Fraise	Gaskill	Gronstal	Iverson
  Johnson	Kibbie	King	Kramer
  Lamberti	McCoy	McKinley	McLaren
  Miller	Redwine	Rittmer	Schuerer
  Sexton	Veenstra	

  Nays, 24:

  Black	Bolkcom	Connolly	Drake
  Dvorsky	Fink	Freeman	Greiner
  Hammond	Hansen	Harper	Holveck
  Horn	Jensen	Lundby	Maddox
  McKean	McKibben	Redfern	Rehberg
  Shearer	Soukup	Tinsman	Zieman

  Absent or not voting, none.
  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 58.

  Senate File 58

  On motion of Senator McKibben, Senate File 58, a bill for an act
  relating to the exemption from the sales and use taxes of the gross
  receipts from the sale, furnishing, or service of metered gas and of
  fuel used in residential-type dwellings and including an effective
  date, was taken up for consideration.

  Senator McKibben offered amendment S-3001, filed by him on
  January 24, 2001, striking everything after the enacting clause and to
  the title page of the bill, and moved its adoption.

  Amendment S-3001 was adopted by a voice vote.

  Senator McKibben asked and received unanimous consent that
  House File 1 be substituted for Senate File 58.

  House File 1

  On motion of Senator McKibben, House File 1, a bill for an act
  relating to the exemption during a certain period from the sales and
  use taxes of the gross receipts from the sale, furnishing, or service of
  metered gas and of fuel used in residential-type dwellings and
  including an effective date, was taken up for consideration.

  Senator McKibben offered amendment S-3002, filed by Senators
  McKibben, Connolly, and Lamberti on January 24, 2001, to page 1
  and to the title page of the bill.

  Senator Gronstal offered amendment S-3007, filed by Senators
  Gronstal, et al., from the floor striking everything after the enacting
  clause and to the title provisions of amendment S-3002.
  Senator Gronstal moved the adoption of amendment S-3007 and
  requested a record roll call.

  On the question "Shall amendment S-3007 to amendment S-3002
  be adopted?" (H.F. 1), the vote was:

  Ayes, 18:

  Black	Bolkcom	Dearden	Deluhery
  Fiegen	Fink	Flynn	Fraise
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Kibbie	McCoy
  Shearer	Soukup	

  Nays, 32:

  Angelo	Bartz	Behn	Boettger
  Connolly	Drake	Dvorsky	Freeman
  Gaskill	Greiner	Iverson	Jensen
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McKean	McKibben
  McKinley	McLaren	Miller	Redfern
  Redwine	Rehberg	Rittmer	Schuerer
  Sexton	Tinsman	Veenstra	Zieman

  Absent or not voting, none.

  Amendment S-3007 lost.

  The Senate resumed consideration of amendment S-3002.

  Senator Gronstal raised the point of order that amendment S-3002
  was not germane to the bill.

  The Chair ruled the point not well-taken and amendment S-3002
  in order.

  Senator McKibben moved the adoption of amendment S-3002,
  which motion prevailed by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Jensen, until he returns, on request of Senator Iverson.
  BUSINESS PENDING

  House File 1

  The Senate resumed consideration of House File 1.

  Senator McKibben moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 1), the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Iverson	Johnson	Kibbie	King
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McKinley
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Jensen

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title, as amended, was agreed to.

  WITHDRAWN

  Senator McKibben asked and received unanimous consent that
  Senate File 58 be withdrawn from further consideration of the
  Senate.
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 5 and House Files 1 and 43 be
  immediately messaged to the House.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 4, by Committee on Ethics, a resolution
  relating to the Senate Code of Ethics governing the conduct of
  members of the Senate in relation to their senatorial duties during
  the Seventy-ninth General Assembly.

  Read first time and placed on calendar.

  INTRODUCTION OF BILLS

  Senate File 77, by Johnson, a bill for an act relating to the
  department of revenue and finance assuming the duties of the child
  support recovery unit of the department of human services.

  Read first time and referred to committee on State Government.

  Senate File 78, by Lundby, a bill for an act relating to the birth
  certificate of a fetus which is designated a fetal death.

  Read first time and referred to committee on Human Resources.

  Senate File 79, by Hansen, a bill for an act relating to the time
  and the criteria for filing of claims for refund under the state
  individual income tax by retired federal employees as a result of the
  unconstitutional taxation of federal pensions and including an
  effective date.

  Read first time and referred to committee on Ways and Means.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 11:42 a.m.
  until 1:00 p.m. Monday, January 29, 2001.
  APPENDIX

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  January 25, 2001

  DEPARTMENT OF NATURAL RESOURCES

  Report of the State Preserves Advisory Board for the Biennium 1999-2000,
  pursuant to Iowa Code chapter 465C, and A Strategic Plan for the Future of
  Iowa's
  State Preserves.

  STATE LIBRARY OF IOWA

  Library System Priorities of the Iowa Commission of Libraries-January 22,
  2001.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 24, 2001, 9:35 a.m.

  Members Present:  Tinsman, Chair; and Johnson, Vice Chair.

  Members Absent:  Bolkcom, Ranking Member; Dearden and Rittmer (all excused).

  Committee Business:  Tour of the Iowa Veterans' Home in Marshalltown.

  Adjourned:  12:40 p.m.

  JUDICIARY

  Convened:  January 25, 2001, 3:03 p.m.

  Members Present:  Maddox, Chair; Holveck, Ranking Member; Angelo, Fiegen,
  Fraise, Hammond, Hansen, King, Lamberti, and Miller.

  Members Absent:  Redfern, Vice Chair; Boettger, Horn, McKean, and Tinsman
  (all
  excused).

  Committee Business:  Approved SSB 1005.

  Adjourned:  3:15 p.m.
  LOCAL GOVERNMENT

  Convened:  January 25, 2001, 2:10 p.m.

  Members Present:  Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member;
  Bartz, Fraise, Hammond, Johnson, Schuerer, and Zieman.

  Members Absent:  Gaskill, Horn, McCoy, and McKibben (all excused).

  Committee Business:  Presentation on property tax by Mark Edelman, ISU.

  Adjourned:  2:45 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  January 25, 2001, 1:07 p.m.

  Members Present:  Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member;
  Black,
  Bolkcom, Deluhery, Drake, Johnson, Kibbie, Lundby, McLaren, Miller, and
  Rittmer.

  Members Absent:  Dearden and Freeman (both excused).

  Committee Business:  Passed SF 50.  Presentation on water quality initiative
  by
  Mike Valde, Administrator of Environmental Protection Division, and Jim
  Gulliford,
  Soil Conservation Director for the Department of Agriculture.

  Adjourned:  2:02 p.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Convened:  January 25, 2001, 1:05 p.m.

  Members Present:  Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking
  Member;
  Behn, Dvorsky, Fiegen, Flynn, Greiner, Holveck, Lamberti, and Veenstra.

  Members Absent:  Gaskill and McKinley (both excused).

  Committee Business:  Presentation regarding "clustering" by the Department
  of
  Economic Development.

  Adjourned:  1:46 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 5, by Dvorsky and Bolkcom, a resolution
  recognizing the achievements of Nancy Coover Andreasen.

  Read first time under Rule 28 and referred to committee on Rules
  and Administration.
  INTRODUCTION OF BILLS

  Senate File 80, by committee on Agriculture, a bill for an act
  relating to contamination by certain genetically modified grain crops,
  providing for liability, and making penalties applicable.

  Read first time under Rule 28 and placed on calendar.

  Senate File 81, by Miller, a bill for an act relating to limitations
  on the disbursement of economic development financial assistance
  moneys by state agencies.

  Read first time under Rule 28 and referred to committee on Local
  Government.

  Senate File 82, by Rehberg, a bill for an act relating to casting
  and certification of the votes for United States president and vice
  president by the presidential electors of Iowa.

  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 83, by committee on Judiciary, a bill for an act
  relating to the verification of a uniform citation and complaint issued
  by a law enforcement agency.

  Read first time under Rule 28 and placed on calendar.

  Senate File 84, by committee on Natural Resources and
  Environment, a bill for an act prohibiting the sale or distribution of
  purple loosestrife.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 1050	Judiciary

  Providing for protection from domestic abuse for persons in an
  intimate relationship.
  SSB 1051	Judiciary

  Relating to the physician-patient privilege to allow disclosure of
  certain medical information.

  SSB 1052	Judiciary

  Relating to exceptions to the required participation in a court-
  approved course prior to the granting of a final dissolution of
  marriage decree or the entering of a final custody order.

  SSB 1053	Commerce

  Limiting the exemption from regulation of certain persons acting
  as an attorney in fact regarding certain real estate transactions.

  SSB 1054	Commerce

  Relating to charitable gift annuities, by providing for notice and
  filing requirements and providing for penalties.

  SSB 1055	Commerce

  Permitting cooperative associations to deal with nonmembers, to
  use fictitious names, and to issue memberships without charge; to
  permit electric cooperatives to have multiple classes of members; and
  providing an effective date.

  SSB 1056	Local Government

  Relating to assessment and valuation of property for property tax
  purposes by removing assessment limitations for all classes of
  property, providing for a reduction in actual value for certain classes
  of property, requiring cost replacement valuation for certain
  residential property, and providing an applicability date.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 43

  EDUCATION:  Redfern, Chair; Harper and Rehberg
  Senate File 45

  EDUCATION:  Angelo, Chair; Fink and Redwine

  Senate File 48

  EDUCATION:  Rehberg, Chair; Boettger and Connolly

  Senate File 49

  HUMAN RESOURCES:  Tinsman, Chair; Behn and Dvorsky

  Senate File 54

  LOCAL GOVERNMENT:  Schuerer, Chair; Hammond and Zieman

  Senate File 55

  COMMERCE:  Redwine, Chair; Hansen and Maddox

  Senate File 60

  COMMERCE:  Maddox, Chair; Johnson and McCoy

  Senate File 67

  TRANSPORTATION:  Freeman, Chair; Fink and McKinley

  Senate File 69

  BUSINESS AND LABOR RELATIONS:  Schuerer, Chair; Behn and Hammond

  Senate File 70

  BUSINESS AND LABOR RELATIONS:  Lundby, Chair; Dearden and Freeman

  Senate File 71

  TRANSPORTATION:  Drake, Chair; Dearden and Jensen

  SSB 1050

  JUDICIARY:  Tinsman, Chair; Horn and King

  SSB 1051

  JUDICIARY:  Angelo, Chair; Holveck and McKean

  SSB 1052

  JUDICIARY:  Lamberti, Chair; Boettger and Hammond
  SSB 1053

  COMMERCE:  Maddox, Chair; Bolkcom and Freeman

  SSB 1054

  COMMERCE:  Deluhery, Chair; King and Redfern

  SSB 1055

  COMMERCE:  Jensen, Chair; Flynn and Freeman

  SSB 1056

  LOCAL GOVERNMENT:  Bartz, Chair; Angelo, Fraise, Horn, and Schuerer

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  *SENATE FILE 80 (SSB 1048), a bill for an act relating
  to
  contamination by certain genetically modified grain crops, providing for
  liability, and
  making penalties applicable.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McLaren, Behn, Fraise, Angelo, Bartz, Black,
  Gaskill, Greiner,
  Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman.  Nays, 1:  Fiegen.
  Absent or
  not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Agriculture Committee on Senate File 80, and
  they were
  attached to the committee report.

  ETHICS

  Final Bill Action:  SENATE RESOLUTION 4 (SSB 1010), a resolution relating to
  the
  Senate Code of Ethics governing the conduct of members of the Senate in
  relation to
  their senatorial duties during the Seventy-ninth General Assembly.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 6:  Drake, McKean, Kibbie, Connolly, Dearden, and
  Rittmer.  Nays,
  none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  JUDICIARY

  Final Bill Action:  SENATE FILE 83 (SSB 1005), a bill for an act relating to
  the
  verification of a uniform citation and complaint issued by a law enforcement
  agency.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Maddox, Holveck, Angelo, Fiegen, Fraise, Hammond,
  Hansen,
  King, Lamberti, and Miller.  Nays, none.  Absent or not voting, 5:  Redfern,
  Boettger,
  Horn, McKean, and Tinsman.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  *SENATE FILE 84 (formerly SF 50), a bill for an act
  prohibiting
  the sale or distribution of purple loosestrife.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 8:  Sexton, Bartz, Fink, Bolkcom, Drake, Johnson, Kibbie,
  and
  Rittmer.  Nays, none.  Absent or not voting, 7:  Black, Dearden, Deluhery,
  Freeman,
  Lundby, McLaren, and Miller.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Natural Resources and Environment Committee on
  Senate File 84, and they were attached to the committee report.

  AMENDMENTS FILED

  S-3005	S.F.	59	Steven D. Hansen
  S-3006	H.F. 	43	Jack Holveck
  S-3007	H.F. 	1	Michael E. Gronstal
  Betty A. Soukup
  Johnie Hammond
  Patricia Harper
  Tom Flynn
  Patrick J. Deluhery
  Mark Shearer
  Thomas Fiegen
  Dennis H. Black
  160	JOURNAL OF THE SENATE	18th Day
  18th Day	THURSDAY, JANUARY 25, 2001	159

© 2001 Cornell College and League of Women Voters of Iowa

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