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Senate Journal: Tuesday, February 6, 2001

  THIRTIETH CALENDAR DAY
  EIGHTEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 6, 2001

  The Senate met in regular session at 9:00 a.m., President
  Pro Tempore McKean presiding.

  Prayer was offered by the Reverend Jeffrey Frese, pastor of the
  Grace United Methodist Church in Marshalltown, Iowa, guest of
  Senator McKibben.

  The Journal of Monday, February 5, 2001, was approved.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:17 a.m.
  until the completion of a meeting of the committee on Rules and
  Administration.

  The Senate reconvened at 9:20 a.m., President Pro Tempore
  McKean presiding.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:21 a.m.
  until 11:30 a.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  February 5, 2001, 4:05 p.m.

  Members Present:  Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member; Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby,
  Maddox,
  McCoy, Redfern, and Redwine.

  Members Absent:  None.

  Committee Business:  Approved SSB 1009 (as amended).  Presentation by Lisa
  Stamp, Iowa Utilities Board.

  Adjourned:  5:05 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 6, 2001, 9:45 a.m.

  Members Present:  Redfern, Chair; Horn, Ranking Member; Kibbie and McLaren.

  Members Absent:  Rehberg, Vice Chair (excused).

  Committee Business:  Presentation by Department of Economic Development and
  Des Moines Area Community College on the ACE program.

  Adjourned:  10:45 a.m.

  RULES AND ADMINISTRATION

  Convened:  February 6, 2001, 9:18 a.m.

  Members Present:  Iverson, Chair; Gronstal, Ranking Member; Dvorsky, Fink,
  Gaskill, Harper, Johnson, and McKean.

  Members Absent:  Kramer, Vice Chair; Boettger and Rittmer (all excused).

  Committee Business:  Passed SR 7.  Discussed SR 4.

  Adjourned:  9:20 a.m.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 7, by Dvorsky, Bolkcom, Drake, Kramer,
  Iverson, Tinsman, Rittmer, Greiner, McKibben, Redfern, Johnson,
  Lundby, Angelo, Maddox, Boettger, Rehberg, Behn, King, Veenstra,
  Lamberti, Gaskill, Miller, Redwine, McKinley, Sexton, Schuerer,
  Jensen, Freeman, Bartz, Zieman, Kibbie, Fink, Horn, Connolly,
  Deluhery, Fraise, Gronstal, Hansen, Flynn, McCoy, Harper, and
  Soukup, a resolution recognizing the achievements of Nancy Coover
  Andreasen.

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

  SUBCOMMITTEE ASSIGNMENTS

  Senate Concurrent Resolution 7

  STATE GOVERNMENT:  McLaren, Chair; Dearden and Sexton

  Senate File 101

  EDUCATION:  Rehberg, Chair; Connolly and Veenstra

  Senate File 105

  STATE GOVERNMENT:  Jensen, Chair; Bolkcom and Maddox

  Senate File 108

  EDUCATION:  Boettger, Chair; Dvorsky and Rehberg

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 7, a resolution recognizing the
  achievements of Nancy Coover Andreasen.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 8:  Iverson, Gronstal, Dvorsky, Fink, Gaskill, Harper,
  Johnson, and
  McKean.  Nays, none.  Absent or not voting, 3:  Kramer, Boettger, and
  Rittmer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  SECOND MORNING SESSION

  The Senate reconvened at 11:33 a.m., President Kramer presiding.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 7.

  Senate Resolution 7

  On motion of Senator Dvorsky, Senate Resolution 7, a resolution
  recognizing the achievements of Dr. Nancy Coover Andreasen, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Dvorsky moved the adoption of Senate Resolution 7, which
  motion prevailed by a voice vote.

  Senator Dvorsky welcomed Dr. Andreasen and presented her with
  an enrolled copy of Senate Resolution 7.

  Dr. Andreasen addressed the Senate with brief remarks and
  presented the Senate with The American Journal of Psychiatry,
  Sesquicentennial Anniversary Edition 1844-1994.

  The Senate rose and expressed its appreciation.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:40 a.m.
  until 6:00 p.m.
  APPENDIX

  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:

  Mykel Erickson, Maynard - For achieving the rank of Eagle Scout.  Senator
  Rehberg (02/06/01).

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 6, 2001, 9:36 a.m.

  Members Present:  Schuerer, Chair; Bartz, Vice Chair; Flynn, Ranking Member;
  Hansen and Zieman.

  Members Absent:  None.

  Committee Business:  Presentation by Department of Personnel on the IPERS
  budget, workers' compensation budget, the proposed insurance surcharge, and
  billings
  by the department.

  Adjourned:  11:24 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 6, 2001, 9:40 a.m.

  Members Present:  Gaskill, Chair; Sexton, Vice Chair; Fink and Greiner.

  Members Absent:  Black, Ranking Member (excused).

  Committee Business:  Update on the Total Maximum Daily Load (TMDL) Program.
  Update on the Johne's disease study.

  Adjourned:  10:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 6, 2001, 9:40 a.m.

  Members Present:  Behn, Chair; Miller, Vice Chair; Fiegen, Ranking Member;
  Holveck and McKinley.

  Members Absent:  None.
  Committee Business:  Work force training issues.

  Adjourned:  11:20 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 6, 2001, 9:38 a.m.

  Members Present:  Tinsman, Chair; Johnson, Vice Chair; Bolkcom, Ranking
  Member; Dearden and Rittmer.

  Members Absent:  None.

  Committee Business:  Review of the budget by Dr. Gleason, Department of
  Public
  Health.

  Adjourned:  11:41 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 6, 2001, 9:45 a.m.

  Members Present:  Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Harper and Redwine.

  Members Absent:  None.

  Committee Business:  Presentations by the Department of Human Services
  institutions and an update on the Sexual Predator Unit at Oakdale.

  Adjourned:  11:33 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 6, 2001, 9:38 a.m.

  Members Present:  Angelo, Chair; Dvorsky, Ranking Member; and Fraise.

  Members Absent:  McKean, Vice Chair; and Maddox (both excused).

  Committee Business:  Budget presentations by the Iowa Law Enforcement
  Academy,
  the Department of Public Defense, and the Office of the State Public
  Defender.

  Adjourned:  10:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 6, 2001, 9:36 a.m.

  Members Present:  Jensen, Chair; Soukup, Ranking Member; and McKibben.
  Members Absent:  Lamberti, Vice Chair; and Connolly (both excused).

  Committee Business:  Presentation by the director and staff of the
  Department of
  General Services.

  Adjourned:  10:45 a.m.

  EDUCATION

  Convened:  February 6, 2001, 11:45 a.m.

  Members Present:  Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member; Angelo, Dvorsky, Fink, Kramer, Redfern, Shearer, Soukup, Tinsman,
  and
  Veenstra.

  Members Absent:  Harper, McKinley, and Redwine (all excused).

  Committee Business:  Approved SSB 1097.

  Adjourned:  11:48 a.m.

  JUDICIARY

  Convened:  February 6, 2001, 3:10 p.m.

  Members Present:  Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking
  Member;
  Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, McKean, Miller, and
  Tinsman.

  Members Absent:  King and Lamberti (both excused).

  Committee Business:  Approved SSB 1034.

  Adjourned:  3:25 p.m.

  LOCAL GOVERNMENT

  Convened:  February 6, 2001, 2:10 p.m.

  Members Present:  Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member;
  Bartz, Black, Fraise, Gaskill, Johnson, McCoy, McKibben, Schuerer, and
  Zieman.

  Members Absent:  Horn.

  Committee Business:  Presentation on Iowa Property Tax System by David
  Swenson,
  ISU Department of Economics.

  Adjourned:  2:48 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 6, 2001, 1:07 p.m.
  Members Present:  Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member;
  Black,
  Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Lundby, and
  Miller.

  Members Absent:  McLaren and Rittmer (both excused).

  Committee Business:  Approved SSBs 1029 and 1082.

  Adjourned:  1:20 p.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Convened:  February 6, 2001, 1:03 p.m.

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

  Members Absent:  None.

  Committee Business:  Presentation by representatives of Council of
  Governments
  (COGS).

  Adjourned:  2:00 p.m.

  STATE GOVERNMENT

  Convened:  February 6, 2001, 2:10 p.m.

  Members Present:  King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member;
  Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean,
  McLaren, Rittmer, and Sexton.

  Members Absent:  None.

  Committee Business:  Approved SSB 1062.

  Adjourned:  2:23 p.m.

  COMPANION BILL RECEIVED

  On February 6, 2001, House File 191 was received and attached
  to companion Senate File 115 on the Senate Calendar.

  INTRODUCTION OF BILLS

  Senate File 114, by committee on Human Resources, a bill for an
  act relating to the composition of the medical assistance advisory
  council.
  Read first time under Rule 28 and placed on calendar.

  Senate File 115, by committee on Education, a bill for an act
  relating to establishing the state percent of growth for purposes of the
  state school foundation program and providing an applicability date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 116, by Dvorsky and Bolkcom, a bill for an act
  relating to the confidentiality of certain domestic abuse records.

  Read first time under Rule 28 and referred to committee on
  Human Resources.

  Senate File 117, by Kibbie, a bill for an act relating to sales of
  motor vehicles at auction and providing a penalty.

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

  Senate File 118, by Miller, a bill for an act relating to prisoner
  labor at county jails.

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

  Senate File 119, by Connolly, a bill for an act relating to third-
  party payment of health care coverage costs for mental health
  conditions, including substance abuse treatment services.

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

  Senate File 120, by Hansen, a bill for an act giving the county
  commissioner of elections authority to allow elections in certain cities
  to be conducted by mail ballots and providing penalties.

  Read first time under Rule 28 and referred to committee on State
  Government.
  Senate File 121, by Hansen, a bill for an act relating to
  destruction of ballots not voted and providing for the Act's
  applicability.

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

  Senate File 122, by Hansen, a bill for an act relating to
  determining the number of ballots to be delivered to polling places for
  primary and general elections.

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

  Senate File 123, by Hansen, a bill for an act relating to absentee
  voting at the commissioner's office on election day in certain elections.

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

  Senate File 124, by committee on Natural Resources and
  Environment, a bill for an act renaming the waste management
  assistance division of the department of natural resources.

  Read first time under Rule 28 and placed on calendar.

  Senate File 125, by committee on Natural Resources and
  Environment, a bill for an act relating to membership in an interstate
  wildlife violators compact by the department of natural resources.

  Read first time under Rule 28 and placed on calendar.

  Senate File 126, by committee on Commerce, a bill for an act
  permitting state banks to establish additional bank offices, and
  containing effective dates.

  Read first time under Rule 28 and placed on calendar.

  Senate File 127, by committee on State Government, a bill for an
  act authorizing certain criminal history and abuse record and registry
  access to the department of inspections and appeals for purposes of
  data verification and record checks of applicants for employment with
  the department.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 1094	State Government

  Relating to the duties and office of the secretary of state in
  commissioning notarial officers.

  SSB 1095	Ways and Means

  Exempting from sales and use taxes the sales and rentals made
  and services furnished to licensed nonprofit nursing facilities.

  SSB 1096	Agriculture

  Relating to agricultural production, by prohibiting acts relating to
  facilities or operations, making penalties applicable, and providing
  penalties and civil liability.

  SSB 1097	Education

  Relating to establishing the state percent of growth for purposes of
  the state school foundation program and providing an applicability
  date.

  SSB 1098	Education

  Providing for a school investment partnership pilot program.

  SSB 1099	State Government

  Relating to the financial operations and transactions of the
  information technology department.
  SSB 1100	State Government

  Limiting the amount of contributions a candidate for office may
  accept from sources outside the candidate's election district, and
  providing a civil penalty.

  SSB 1101	State Government

  Requiring voters to present identification containing a photograph
  to poll workers prior to voting.

  SSB 1102	State Government

  Relating to conflicts of interest of public officers and employees,
  including lobbyist and clients reports, and review of documents
  related to campaign finance disclosure reports.

  SSB 1103	Judiciary

  Relating to the tobacco master settlement agreement and
  providing an effective date.

  SSB 1104	Judiciary

  Relating to the criminal offenses of enticing a minor away and
  sexual exploitation of a minor and providing a penalty.

  SSB 1105	Judiciary

  Relating to an indigent criminal defendant seeking postconviction
  relief and to the applicability of the Iowa administrative procedures
  Act to postconviction actions.

  SSB 1106	Judiciary

  Eliminating filing and service fees for plaintiffs seeking relief from
  domestic abuse.
  SSB 1107	Judiciary

  Providing for municipal tort liability in connection with claims
  based upon gross negligence in emergency response situations.

  SSB 1108	Judiciary

  Relating to policies and procedures regarding sexual offenses
  occurring on community college and university campuses and private
  postsecondary school premises.

  SSB 1109	Judiciary

  Relating to recovery of prejudgment interest in relation to an offer
  to confess judgment.

  SSB 1110	Judiciary

  Relating to public and private remedies for unfair and deceptive
  insurance trade practice, applying civil penalties, and providing for a
  private cause of action.

  SSB 1111	Judiciary

  Establishing the interstate compact for adult criminal offender
  supervision and providing a contingent effective date.

  SSB 1112	Judiciary

  Excepting certain acts constituting a simple assault from the
  criminal offense of robbery.

  SSB 1113	Ways and Means

  Exempting property owned and operated by an Indian housing
  authority from property tax and including an effective date.

  SSB 1114	Ways and Means

  Relating to a sales and use tax exemption for the purchase of
  certain appliances meeting the energy efficiency standards of the
  federal energy star program and providing an effective date.
  SSB 1115	Judiciary

  Relating to sales and possession of pistols and revolvers, by
  requiring a gun-locking device to be provided and related information
  to be posted in connection with the retail sale of a pistol or revolver.

  SSB 1116	Judiciary

  Eliminating the limitation on the reduction in damages awarded to
  plaintiffs who fail to wear a safety belt or safety harness.

  SSB 1117	Commerce

  Relating to price regulation for local exchange carriers, by
  changing certain definitions related to price regulation, permitting
  certain rate increases, requiring certain network infrastructure
  investments, and making related changes.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 107

  AGRICULTURE:  Behn, Chair; Sexton and Shearer

  Senate File 109

  STATE GOVERNMENT:  McKean, Chair; Kibbie and King

  SSB 1094

  STATE GOVERNMENT:  Deluhery, Chair; Drake and McLaren

  SSB 1095

  WAYS AND MEANS:  Greiner, Chair; Deluhery and Lamberti

  SSB 1096

  AGRICULTURE:  Greiner, Chair; Fraise and Veenstra

  SSB 1097

  EDUCATION:  Boettger, Chair; Connolly and Rehberg

  SSB 1098

  EDUCATION:  Kramer, Chair; Redwine and Soukup
  SSB 1099

  STATE GOVERNMENT:  McLaren, Chair; Connolly and Drake

  SSB 1100

  STATE GOVERNMENT:  McKean, Chair; Kibbie and King

  SSB 1101

  STATE GOVERNMENT:  King, Chair; Kibbie and McKean

  SSB 1102

  STATE GOVERNMENT:  Drake, Chair; Connolly and Rittmer

  SSB 1103

  JUDICIARY:  Boettger, Chair; Horn and Tinsman

  SSB 1104

  JUDICIARY:  Maddox, Chair; Hansen and Miller

  SSB 1105

  JUDICIARY:  McKean, Chair; Fraise and Tinsman

  SSB 1106

  JUDICIARY:  Redfern, Chair; Hammond and King

  SSB 1107

  JUDICIARY:  Maddox, Chair; Fraise and Tinsman

  SSB 1108

  JUDICIARY:  Lamberti, Chair; Hammond and Miller

  SSB 1109

  JUDICIARY:  King, Chair; Fiegen and Miller

  SSB 1110

  JUDICIARY:  Angelo, Chair; Holveck and King

  SSB 1111

  JUDICIARY:  Maddox, Chair; Angelo and Fraise
  SSB 1112

  JUDICIARY:  Maddox, Chair; Hammond and McKean

  SSB 1113

  WAYS AND MEANS:  Redwine, Chair; Flynn and Greiner

  SSB 1114

  WAYS AND MEANS:  Lamberti, Chair; Bolkcom and McKibben

  SSB 1115

  JUDICIARY:  Redfern, Chair; Hansen and Tinsman

  SSB 1116

  JUDICIARY:  Lamberti, Chair; Horn and King

  SSB 1117

  COMMERCE:  King, Chair; Flynn, Hansen, Jensen, and Johnson

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action:  *SENATE FILE 126 (SSB 1009), a bill for an act
  permitting state
  banks to establish additional bank offices, and containing effective dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Johnson, Schuerer, Deluhery, Bolkcom, Flynn,
  Freeman,
  Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Commerce Committee on Senate File 126, and
  they
  were attached to the committee report.
  EDUCATION

  Final Bill Action:  SENATE FILE 115 (SSB 1097), a bill for an act relating
  to
  establishing the state percent of growth for purposes of the state school
  foundation
  program and providing an applicability date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink,
  Kramer,
  Redfern, Shearer, Soukup, Tinsman, and Veenstra.  Nays, none.  Absent or not
  voting, 3:
  Harper, McKinley, and Redwine.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  HUMAN RESOURCES

  Final Bill Action:  *SENATE FILE 114 (SSB 1023), a bill for an act relating
  to the
  composition of the medical assistance advisory council.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Redwine, Tinsman, Hammond, Bartz, Behn, Boettger,
  Dvorsky,
  Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra.  Nays, none.
  Absent or not
  voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Human Resources Committee on Senate File 114,
  and
  they were attached to the committee report.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 124 (SSB 1082), a bill for an act renaming
  the
  waste management assistance division of the department of natural resources.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Sexton, Bartz, Fink, Black, Bolkcom, Dearden,
  Deluhery,
  Drake, Freeman, Johnson, Kibbie, Lundby, and Miller.  Nays, none.  Absent or
  not
  voting, 2:  McLaren and Rittmer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  SENATE FILE 125 (SSB 1029), a bill for an act relating
  to
  membership in an interstate wildlife violators compact by the department of
  natural
  resources.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Sexton, Bartz, Fink, Black, Bolkcom, Dearden,
  Deluhery,
  Drake, Freeman, Johnson, Kibbie, Lundby, and Miller.  Nays, none.  Absent or
  not
  voting, 2:  McLaren and Rittmer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 127 (SSB 1062), a bill for an act
  authorizing
  certain criminal history and abuse record and registry access to the
  department of
  inspections and appeals for purposes of data verification and record checks
  of
  applicants for employment with the department.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden,
  Deluhery,
  Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton.  Nays,
  none.
  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  EVENING SESSION

  The Senate reconvened at 6:00 p.m., President Kramer presiding.

  QUORUM CALL

  Senator Iverson requested a nonrecord roll call to determine that a
  quorum was present.

  The vote revealed 41 present, 9 absent, and a quorum present.

  The Senate stood at ease at 6:17 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 6:50 p.m., President Kramer
  presiding.

  HOUSE MESSAGE RECEIVED AND CONSIDERED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on February 6, 2001, passed the following bill in which the
  concurrence of
  the Senate is asked:

  House File 191, a bill for an act providing for the establishment of
  the state percent of growth for purposes of the state school foundation
  program and providing an applicability date.

  Read first time and attached to companion Senate File 115.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 6.
  Senate Resolution 6

  On motion of Senator Iverson, Senate Resolution 6, a resolution
  relating to permanent rules of the Senate for the Seventy-ninth
  General Assembly, was taken up for consideration.

  Senator Gronstal asked and received unanimous consent to
  withdraw amendment S-3011, filed by him on February 5, 2001, to
  page 33 of the resolution.

  Senator Gronstal asked and received unanimous consent to
  withdraw amendment S-3012, filed by him on February 5, 2001, to
  page 33 of the resolution.

  Senator Bartz offered amendment S-3015, filed by Senators Bartz,
  et al., on February 5, 2001, to page 48 of the resolution, and moved its
  adoption.

  Amendment S-3015 was adopted by a voice vote.

  Senator Iverson moved the adoption of Senate Resolution 6, as
  amended, which motion prevailed by a voice vote.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 6.

  Senate Concurrent Resolution 6

  On motion of Senator Iverson, Senate Concurrent Resolution 6,
  a concurrent resolution relating to joint rules of the Senate and
  House of Representatives for the Seventy-ninth General Assembly,
  was taken up for consideration.

  Senator Bartz offered amendment S-3014, filed by Senators Bartz,
  et al., on February 5, 2001, to page 16 of the resolution, and moved its
  adoption.

  Amendment S-3014 was adopted by a voice vote.
  Senator Iverson moved the adoption of Senate Concurrent
  Resolution 6, as amended, which motion prevailed by a voice vote.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 6 be immediately messaged to
  the House.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 30.

  Senate File 30

  On motion of Senator Rehberg, Senate File 30, a bill for an act
  relating to information included in written promotional materials
  distributed by the department of economic development, with report
  of committee recommending passage, was taken up for consideration.

  Senator Hansen asked and received unanimous consent to
  withdraw amendment S-3013, filed by him on February 5, 2001, to
  page 1 of the bill.

  Senator Rehberg asked and received unanimous consent that
  House File 103 be substituted for Senate File 30.

  House File 103

  On motion of Senator Rehberg, House File 103, a bill for an act
  relating to information included in written promotional materials
  distributed by the department of economic development, was taken
  up for consideration.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Miller, for the remainder of the day, on request of Senator Freeman.
  BUSINESS PENDING

  House File 103

  The Senate resumed consideration of House File 103.

  Senator Hansen offered amendment S-3020, filed by him on
  February 5, 2001, to page 1 of the bill, moved its adoption, and
  requested a record roll call.

  On the question "Shall amendment S-3020 be adopted?"
  (H.F. 103), the vote was:

  Ayes, 19:

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

  Nays, 30:

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

  Absent or not voting, 1:

  Miller			

  Amendment S-3020 lost.

  Senator Gronstal offered amendment S-3023, filed by Senators
  Gronstal, et al., from the floor to page 1 of the bill.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-3023 be deferred.
  Senator Shearer offered amendment S-3024, filed by Senators
  Shearer, et al., from the floor to page 1 and to the title page of the
  bill.

  Senator Rehberg raised the point of order that amendment S-3024
  was not germane to the bill.

  The Chair ruled the point well-taken and amendment S-3024 out
  of order.

  Senator McCoy offered amendment S-3025, filed by Senators
  McCoy, et al., from the floor to page 1 and to the title page of the bill.

  Senator Rehberg raised the point of order that amendment S-3025
  was not germane to the bill.

  The Chair ruled the point well-taken and amendment S-3025 out
  of order.

  The Senate resumed consideration of amendment S-3023,
  previously deferred.

  Senator Gronstal moved the adoption of amendment S-3023 and
  requested a record call.

  On the question "Shall amendment S-3023 be adopted?"
  (H.F. 103), the vote was:

  Ayes, 19:

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

  Nays, 30:

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

  Absent or not voting, 1:

  Miller		

  Amendment S-3023 lost.

  President Pro Tempore McKean took the chair at 8:05 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. 103), the vote was:

  Ayes, 29:

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

  Nays, 20:

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

  Absent or not voting, 1:

  Miller		

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

  President Kramer took the chair at 8:55 p.m.
  WITHDRAWN

  Senator Rehberg asked and received unanimous consent that
  Senate File 30 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 103 be immediately messaged to the House.

  SPECIAL GUEST

  Senator McCoy welcomed Vincenzo Delicato of Rome, Italy,
  Minister of Internal Affairs, Immigration Services.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 4.

  Senate Resolution 4

  On motion of Senator Drake, Senate Resolution 4, 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, was taken up for consideration.

  Senator Dvorsky offered amendment S-3017, filed by Senators
  Dvorsky, et al., on February 5, 2001, to page 5 of the resolution,
  moved its adoption, and requested a record roll call.

  On the question "Shall amendment S-3017 be adopted?" (S.R. 4),
  the vote was:

  Ayes, 20:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Kibbie	McCoy	Shearer	Soukup	
  Nays, 29:

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

  Absent or not voting, 1:

  Miller			

  Amendment S-3017 lost.

  Senator Hansen offered amendment S-3019, filed by Senators
  Hansen, et al., on February 5, 2001, to page 5 of the resolution.

  Senator Hansen asked and received unanimous consent that
  action on amendment S-3019 be deferred.

  Senator Gronstal offered amendment S-3016, filed by him on
  February 5, 2001, to page 6 of the resolution, moved its adoption, and
  requested a record roll call.

  On the question "Shall amendment S-3016 be adopted?" (S.R. 4),
  the vote was:

  Ayes, 20:

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

  Nays, 29:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Greiner
  Iverson	Jensen	Johnson	King
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McKinley	McLaren
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Sexton	Tinsman	Veenstra
  Zieman	
  Absent or not voting, 1:

  Miller			

  Amendment S-3016 lost.

  Senator McCoy offered amendment S-3018, filed by Senators
  McCoy, et al., on February 5, 2001, to page 24 of the resolution,
  moved its adoption, and requested a record roll call.

  On the question "Shall amendment S-3018 be adopted?" (S.R. 4),
  the vote was:

  Ayes, 20:

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

  Nays, 29:

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

  Absent or not voting, 1:

  Miller			

  Amendment S-3018 lost.

  The Senate resumed consideration of amendment S-3019,
  previously deferred.

  Senator Hansen asked and received unanimous consent to
  withdraw amendment S-3019.

  Senator Drake moved the adoption of Senate Resolution 4, which
  motion prevailed by a voice vote.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 115.

  Senate File 115

  On motion of Senator Boettger, Senate File 115, a bill for an act
  relating to establishing the state percent of growth for purposes of the
  state school foundation program and providing an applicability date,
  was taken up for consideration.

  Senator Boettger offered amendment S-3021, filed by her from the
  floor to the title page of the bill, and moved its adoption.

  Amendment S-3021 was adopted by a voice vote.

  Senator Boettger asked and received unanimous consent that
  House File 191 be substituted for Senate File 115.

  House File 191

  On motion of Senator Boettger, House File 191, a bill for an act
  providing for the establishment of the state percent of growth for
  purposes of the state school foundation program and providing an
  applicability date, was taken up for consideration.

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

  On the question "Shall the bill pass?" (H.F. 191), the vote was:

  Ayes, 48:

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

  Nays, 1:

  Greiner	

  Absent or not voting, 1:

  Miller			

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

  WITHDRAWN

  Senator Boettger asked and received unanimous consent that
  Senate File 115 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 191 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:10 p.m.
  until 9:00 a.m. Wednesday, February 7, 2001.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  WAYS AND MEANS

  Convened:  February 6, 2001, 5:09 p.m.

  Members Present:  McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
  Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck,
  Lamberti,
  Maddox, Miller, Redwine, and Rehberg.

  Members Absent:  None.

  Committee Business:  Approved SSBs 1049 and 1077.

  Adjourned:  5:27 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 8, by Dvorsky and Bolkcom, a resolution
  honoring Christine Grant, former Women's Athletic Director of the
  University of Iowa.

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

  INTRODUCTION OF BILLS

  Senate File 128, by Hammond, a bill for an act relating to the
  consideration of the historical performance of caretaking functions in
  the awarding of custody of a child.

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

  Senate File 129, by Kibbie and Bartz, a bill for an act relating to
  a tax credit for pollution control and recycling property connected to
  property used for the care and feeding of livestock.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.
  Senate File 130, by Tinsman, a bill for an act prohibiting
  operators from allowing persons under sixteen years of age to ride in
  an unenclosed area of a motor