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Senate Journal: Tuesday, February 13, 2001

  THIRTY-SEVENTH CALENDAR DAY
  TWENTY-SECOND SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 13, 2001

  The Senate met in regular session at 9:01 a.m., President
  Pro Tempore McKean presiding.

  Prayer was offered by the Reverend Joseph A. Lambert, pastor of
  Our Savior's Lutheran and Stratford Lutheran Churches in
  Stanhope, Iowa, guest of Senators Iverson and Sexton.

  The Journal of Monday, February 12, 2001, was approved.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  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 February 12, 2001, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 89, a bill for an act relating to the supervision of
  curriculum received via the Iowa communications network.

  Read first time and referred to the committee on Education.

  House File 179, a bill for an act relating to excluding from
  confinement dogs used by police or correctional officers.

  Read first time and referred to the committee on Local
  Government.

  House File 180, a bill for an act 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.

  Read first time and referred to the committee on Judiciary.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Holveck and Dearden, until they arrive, on request of Senator
  Gronstal.

  SPECIAL GUESTS

  The Chair welcomed former Doorkeepers of the Senate George C.
  Finkenauer and Everett A. "Sam" Samuelson.

  CONSIDERATION OF RESOLUTIONS

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 9.

  Senate Resolution 9

  On motion of Senator Iverson, Senate Resolution 9, a resolution
  honoring George C. Finkenauer, Doorkeeper of the Senate, was taken
  up for consideration.

  Senator Iverson moved the adoption of Senate Resolution 9, which
  motion prevailed by a voice vote.

  The Senate rose and expressed its tribute to Mr. Finkenauer.

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Resolution 10.

  Senate Resolution 10

  On motion of Senator Iverson, Senate Resolution 10, a
  resolution honoring Everett A. "Sam" Samuelson, Doorkeeper of the
  Senate, was taken up for consideration.
  Senator Iverson moved the adoption of Senate Resolution 10,
  which motion prevailed by a voice vote.

  The Senate rose and expressed its tribute to Mr. Samuelson.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:32 a.m.
  until 5:00 p.m.
  APPENDIX

  CERTIFICATES OF RECOGNITION

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

  Daniel Letsche, Remsen - For achieving the rank of Eagle Scout.  Senator
  Redwine (02/13/01).

  Oelwein Huskies, Oelwein - For winning your 1st Conference Title in 25
  years.
  Senator Rehberg (02/13/01).

  Catherine Withrow, Le Mars - For being named one of Iowa's top student
  volunteers in The Prudential Spirit of Community Awards Year 2001.  Senator
  Redwine (02/13/01).

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 13, 2001, 9:50 a.m.

  Members Present:  Schuerer, Chair; and Zieman.

  Members Absent:  Bartz, Vice Chair; Flynn, Ranking Member; and Hansen (all
  excused).

  Committee Business:  Discussion on requests for future information.

  Adjourned:  10:25 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 13, 2001, 9:58 a.m.

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

  Members Absent:  None.

  Committee Business:  Overview of the Department of Agriculture and Land
  Stewardship's operations, update on atrazine research, and discussion on the
  Hitchcock
  Nature Center in the Loess Hills.

  Adjourned:  11:19 a.m.
  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 13, 2001, 10:00 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentation by Anne Kruse, Executive Director of the
  Board
  of Educational Examiners.

  Adjourned:  11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 13, 2001, 9:51 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations on Toledo and Eldora training schools,
  decategorization, children's mental health issues, and PMIC.  Motion to pass
  the
  Governor's budget on Human Services failed to pass.

  Recessed:  11:55 a.m.

  Reconvened:  12:10 p.m.

  Adjourned:  12:20 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 13, 2001, 10:00 a.m.

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

  Members Absent:  McKean, Vice Chair (excused).

  Committee Business:  Budget presentation by the Judicial Branch.

  Adjourned:  11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 13, 2001, 10:00 a.m.

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

  Committee Business:  Presentations by Southern Iowa Development and
  Conservation Authority, Loess Hills Hungry Canyons, and Lewis and Clark
  Rural
  Water System.

  Adjourned:  11:22 a.m.

  JUDICIARY

  Convened:  February 13, 2001, 3:10 p.m.

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

  Members Absent:  None.

  Committee Business:  Subcommittee assignments.

  Adjourned:  3:17 p.m.

  LOCAL GOVERNMENT

  Convened:  February 13, 2001, 2:13 p.m.

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

  Members Absent:  Black, Horn, and Zieman (all excused).

  Committee Business:  Approved SSB 1088.

  Adjourned:  2:25 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 13, 2001, 1:05 p.m.

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

  Members Absent:  Dearden (excused).

  Committee Business:  Dr. Dwaine Bundy from ISU spoke on air quality in the
  vicinity of swine facilities.

  Adjourned:  2:10 p.m.
  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Convened:  February 13, 2001, 1:07 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 regarding the ISU Pappajohn Center for
  Entrepreneurship.

  Adjourned:  1:48 p.m.

  STATE GOVERNMENT

  Convened:  February 13, 2001, 2:15 p.m.

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

  Members Absent:  Jensen (excused).

  Committee Business:  Approved SSB 1102 (as amended).

  Adjourned:  2:56 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 12, by Maddox, a resolution honoring Theresa J.
  Uchytil.

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

  INTRODUCTION OF BILLS

  Senate File 166, by McKean, a bill for an act creating the state
  strategic development council and providing an effective date.

  Read first time under Rule 28 and referred to committee on State
  Government.
  Senate File 167, by Dearden, a bill for an act authorizing the
  natural resource commission to allow wild turkey hunts by youths in
  state parks or parts of state parks.

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

  Senate File 168, by committee on Commerce, a bill for an act
  relating to the granting of additional cable television franchises by a
  city.

  Read first time under Rule 28 and placed on calendar.

  Senate File 169, by committee on Commerce, a bill for an act
  limiting the exemption from regulation of certain persons acting as
  an attorney in fact regarding certain real estate transactions.

  Read first time under Rule 28 and placed on calendar.

  Senate File 170, by committee on Business and Labor Relations,
  a bill for an act relating to training requirements for certain child
  laborers and providing an effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 171, by Connolly, a bill for an act establishing a
  school bond credit enhancement program.

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

  Senate File 172, by Connolly, a bill for an act relating to
  advanced placement award programs and providing for the
  appropriation of moneys.

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

  Senate File 173, by McKean, Lundby, Fink, and Fraise, a bill for
  an act relating to state and local land management and planning, and
  providing effective dates.
  Read first time under Rule 28 and referred to committee on Local
  Government.

  STUDY BILLS RECEIVED

  SSB 1129	Education

  Extending the regular program district cost guarantee for school
  districts, and providing an effective date.

  SSB 1130	Commerce

  Relating to allocation and payment of expenses arising from
  performance of duties by the Iowa utilities board and the consumer
  advocate, and providing an effective date.

  SSB 1131	Judiciary

  Increasing civil penalties for certain driver's license suspensions,
  revocations, or bars.

  SSB 1132	Judiciary

  Relating to the state inheritance tax by exempting intangible
  personal property owned by a person not domiciled in this state;
  determining the net market value of transfers made within three
  years of death as the net market value on the date of transfer;
  exempting the tax only upon the portion of retirement benefits and
  individual retirement accounts that will be subject to federal income
  tax when paid; applying compromised settlements for federal estate
  tax purposes in the same manner for state tax purposes; and
  requiring deferred estates to be recorded by the department of
  revenue and finance if tax is not paid when tax accrues; and including
  an applicability date provision.

  SSB 1133	Judiciary

  Relating to the victim rights compensation fund.
  SSB 1134	Judiciary

  Providing for increased penalties for successive violations of court
  orders for persons who are the subject of certain protective and no-
  contact orders and making conforming changes.

  SSB 1135	Judiciary

  Creating new criminal offenses related to the drug 3,4-
  methylendioxymethamphetamine.

  SSB 1136	Judiciary

  Relating to the crime of forgery and entry into the United States.

  SSB 1137	State Government

  Relating to a recount of votes cast in an election.

  SSB 1138	State Government

  Relating to campaign finance law, including electronic filing of
  disclosure reports by certain candidates, requiring certain
  supplemental reports, providing for disclosures in relation to certain
  political telephone communications, requiring disclosure of certain
  information in conjunction with certain contributions, providing an
  effective date, and applying a penalty.

  SSB 1139	State Government

  Relating to the township property tax levy for fire protection
  service and emergency medical services and providing an
  applicability date.

  SSB 1140	State Government

  Providing for the protection of proprietary rights and collection of
  fees and revenue for software, network designs, and technology
  applications of the Iowa communications network.
  SSB 1141	State Government

  Requesting that the United States Congress create a standard
  nationwide time for poll closings in general and congressional
  elections.

  SSB 1142	Commerce

  Relating to transfers of structured settlement payment rights for
  tort and workers' compensation claims, providing civil remedies, and
  an applicability date.

  SSB 1143	Commerce

  Relating to balloon payments on consumer loans secured by a
  certificate of title in a motor vehicle.

  SUBCOMMITTEE ASSIGNMENTS

  Senate Concurrent Resolution 9

  COMMERCE:  Johnson, Chair; Gronstal and Lundby

  Senate Resolution 11

  STATE GOVERNMENT:  McKean, Chair; Kibbie and McLaren

  Senate File 120

  STATE GOVERNMENT:  King, Chair; Deluhery and Maddox

  Senate File 121

  STATE GOVERNMENT:  McKean, Chair; Drake and Kibbie

  Senate File 122

  STATE GOVERNMENT:  McLaren, Chair; Connolly and King

  Senate File 123

  STATE GOVERNMENT:  McKean, Chair; Bolkcom and King

  Senate File 134

  STATE GOVERNMENT:  King, Chair; Fink and McKean
  Senate File 135

  STATE GOVERNMENT:  King, Chair; Fink and McKean

  Senate File 138

  STATE GOVERNMENT:  Drake, Chair; Jensen and Kibbie

  Senate File 143

  STATE GOVERNMENT:  King, Chair; Bolkcom and Sexton

  Senate File 151

  BUSINESS AND LABOR RELATIONS:  King, Chair; Greiner and Horn

  Senate File 153

  APPROPRIATIONS:  Redfern, Chair; Horn and Jensen

  Senate File 155

  APPROPRIATIONS:  Kramer, Chair; Connolly and Redfern

  Senate File 158

  APPROPRIATIONS:  Redfern, Chair; Angelo and Horn

  Senate File 161

  APPROPRIATIONS:  Redfern, Chair; Bolkcom and Jensen

  Senate File 162

  APPROPRIATIONS:  Veenstra, Chair; Hammond and Tinsman

  Senate File 165

  STATE GOVERNMENT:  King, Chair; Kibbie and Lamberti

  SSB 1129

  EDUCATION:  Boettger, Chair; Connolly and Redfern

  SSB 1130

  COMMERCE:  Johnson, Chair; Deluhery and Freeman

  SSB 1131

  JUDICIARY:  McKean, Chair; Hansen and Tinsman
  SSB 1132

  JUDICIARY:  Miller, Chair; Fraise and King

  SSB 1133

  JUDICIARY:  Maddox, Chair; Angelo and Hammond

  SSB 1134

  JUDICIARY:  Angelo, Chair; Holveck and Tinsman

  SSB 1135

  JUDICIARY:  McKean, Chair; Horn and Lamberti

  SSB 1136

  JUDICIARY:  Angelo, Chair; Hammond and McKean

  SSB 1137

  STATE GOVERNMENT:  King, Chair; Kibbie and McKean

  SSB 1138

  STATE GOVERNMENT:  Lamberti, Chair; Deluhery and King

  SSB 1139

  STATE GOVERNMENT:  Sexton, Chair; Kibbie and King

  SSB 1140

  STATE GOVERNMENT:  King, Chair; Bolkcom and Lamberti

  SSB 1141

  STATE GOVERNMENT:  King, Chair; Kibbie and Maddox

  SSB 1142

  COMMERCE:  Redfern, Chair; Deluhery and Schuerer

  SSB 1143

  COMMERCE:  Freeman, Chair; Maddox and McCoy
  COMMITTEE REPORTS

  BUSINESS AND LABOR RELATIONS

  Final Bill Action:  *SENATE FILE 170 (SSB 1120), a bill for an act relating
  to
  training requirements for certain child laborers and providing an effective
  date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Freeman, Greiner, Behn, Hammond, Horn, King, Lundby,
  McKibben, and Schuerer.  Nays, 1:  Dearden.  Absent or not voting, 1:
  Fraise.

  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 Business and Labor Relations Committee on
  Senate
  File 170, and they were attached to the committee report.

  COMMERCE

  Final Bill Action:  SENATE FILE 168 (formerly SF 47), a bill for an act
  relating to
  the granting of additional cable television franchises by a city.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Johnson, Schuerer, Deluhery, Bolkcom, Freeman,
  Gronstal,
  King, Lundby, Maddox, McCoy, and Redwine.  Nays, none.  Absent or not
  voting, 4:
  Flynn, Hansen, Jensen, and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 169 (SSB 1053), a bill for an act limiting
  the
  exemption from regulation of certain persons acting as an attorney in fact
  regarding
  certain real estate transactions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Johnson, Schuerer, Deluhery, Bolkcom, Freeman,
  Gronstal,
  King, Lundby, Maddox, McCoy, and Redwine.  Nays, none.  Absent or not
  voting, 4:
  Flynn, Hansen, Jensen, and Redfern.

  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 169, and
  they
  were attached to the committee report.
  AFTERNOON SESSION

  The Senate resumed session at 5:04 p.m., President Kramer
  presiding.

  QUORUM CALL

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

  The vote revealed 40 present, 10 absent, and a quorum present.

  CONSIDERATION OF BILL
  (Appropriation Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 66.

  Senate File 66

  On motion of Senator Lamberti, Senate File 66, a bill for an act
  relating to state general fund expenditure limitation requirements for
  transmission of the state budget by the governor and passage of the
  state budget by the general assembly, was taken up for consideration.

  The Senate stood at ease at 5:08 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 6:06 p.m., President Kramer
  presiding.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Dearden, until he returns, on request of Senator Hansen.

  BUSINESS PENDING

  Senate File 66

  The Senate resumed consideration of Senate File 66.
  Senator Gronstal offered amendment S-3032, filed by him from
  the floor striking everything after the enacting clause of the bill, and
  moved its adoption.

  A record roll call was requested.

  On the question, "Shall amendment S-3032 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 11:

  Bolkcom	Connolly	Deluhery	Flynn
  Fraise	Gronstal	Hammond	Harper
  Holveck	Kibbie	Soukup

  Nays, 38:

  Angelo	Bartz	Behn	Black
  Boettger	Drake	Dvorsky	Fiegen
  Fink	Freeman	Gaskill	Greiner
  Hansen	Horn	Iverson	Jensen
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKibben	McKinley	McLaren	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Sexton	Shearer	Tinsman
  Veenstra	Zieman

  Absent or not voting, 1:

  Dearden

  Amendment S-3032 lost.

  Senator Gronstal offered amendment S-3033, filed by him from
  the floor to page 1 of the bill.

  Senator Lamberti raised the point of order that amendment
  S-3033 was not germane to the bill.

  The Chair ruled the point well-taken and amendment S-3033 out
  of order.

  Senator Connolly offered amendment S-3034, filed by him from
  the floor to page 1 and to the title page of the bill.
  Senator Lamberti raised the point of order that amendment
  S-3034 was not germane to the bill.

  The Chair ruled the point well-taken and amendment S-3034 out
  of order.

  Senator Harper offered amendment S-3035, filed by her from the
  floor to page 1 and to the title page of the bill.

  Senator Lamberti raised the point of order that amendment
  S-3035 was not germane to the bill.

  The Chair ruled the point well-taken and amendment S-3035 out
  of order.

  Senator Fiegen offered amendment S-3036, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3036 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 1:

  Dearden
  Amendment S-3036 lost.

  Senator Deluhery offered amendment S-3037, filed by him from
  the floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3037 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 1:

  Dearden

  Amendment S-3037 lost.

  Senator Dvorsky offered amendment S-3038, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3038 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 1:

  Dearden

  Amendment S-3038 lost.

  Senator Harper offered amendment S-3039, filed by her from the
  floor to page 1 of the bill.

  The Senate stood at ease at 6:47 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 6:54 p.m., President Kramer
  presiding.

  Senator Harper moved the adoption of amendment S-3039.

  A record roll call was requested.

  On the question "Shall amendment S-3039 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 17:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 3:

  Dearden	Fraise	Holveck

  Amendment S-3039 lost.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Fraise, until he returns, on request of Senator Kibbie.

  BUSINESS PENDING

  Senate File 66

  The Senate resumed consideration of Senate File 66.

  Senator Hammond offered amendment S-3040, filed by her from
  the floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3040 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 19:

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

  Nays, 29:

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

  Absent or not voting, 2:

  Dearden	Fraise

  Amendment S-3040 lost.

  Senator McCoy offered amendment S-3041, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3041 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 17:

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

  Nays, 31:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Greiner
  Hansen	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, 2:

  Dearden	Fraise

  Amendment S-3041 lost.

  Senator Hammond offered amendment S-3043, filed by her from
  the floor to page 1 of the bill, and moved its adoption.
  A record roll call was requested.

  On the question "Shall amendment S-3043 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 18:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 2:

  Dearden	Fraise

  Amendment S-3043 lost.

  Senator Soukup offered amendment S-3044, filed by her from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3044 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 18:

  Black	Bolkcom	Connolly	Deluhery
  Dvorsky	Fiegen	Fink	Flynn
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Kibbie	McCoy
  Shearer	Soukup
  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 2:

  Dearden	Fraise

  Amendment S-3044 lost.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Shearer, until he returns, on request of Senator Gronstal.

  BUSINESS PENDING

  Senate File 66

  The Senate resumed consideration of Senate File 66.

  Senator Fiegen offered amendment S-3045, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3045 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 17:

  Black	Bolkcom	Connolly	Deluhery
  Dvorsky	Fiegen	Fink	Flynn
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Kibbie	McCoy
  Soukup
  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 3:

  Dearden	Fraise	Shearer

  Amendment S-3045 lost.

  Senator Black offered amendment S-3046, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3046 lost by a voice vote.

  Senator Black offered amendment S-3047, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3047 lost by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Horn, until he returns, on request of Senator Gronstal.

  BUSINESS PENDING

  Senate File 66

  The Senate resumed consideration of Senate File 66.

  Senator Holveck offered amendment S-3048, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.
  On the question "Shall amendment S-3048 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 16:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 4:

  Dearden	Fraise	Horn	Shearer

  Amendment S-3048 lost.

  Senator Hammond offered amendment S-3049, filed by her from
  the floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3049 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 16:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 4:

  Dearden	Fraise	Horn	Shearer

  Amendment S-3049 lost.

  Senator Dvorsky offered amendment S-3050, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3050 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 16:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 4:

  Dearden	Fraise	Horn	Shearer

  Amendment S-3050 lost.

  Senator Dvorsky offered amendment S-3051, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3051 lost by a voice vote.
  Senator Gronstal offered amendment S-3052, filed by him from
  the floor to page 1 of the bill, and moved its adoption.

  Amendment S-3052 lost by a voice vote.

  Senator Fiegen offered amendment S-3053, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3053 lost by a voice vote.

  Senator Kibbie offered amendment S-3054, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3054 lost by a voice vote.

  Senator Flynn offered amendment S-3055, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3055 lost by a voice vote.

  Senator Connolly offered amendment S-3056, filed by him from
  the floor to page 1 of the bill, and moved its adoption.

  Amendment S-3056 lost by a voice vote.

  Senator Flynn offered amendment S-3057, filed by Senators Flynn
  and Shearer from the floor to page 1 of the bill, and moved its
  adoption.

  Amendment S-3057 lost by a voice vote.

  Senator Dvorsky offered amendment S-3058, filed by Senators
  Dvorsky, Fraise, and Shearer from the floor to page 1 of the bill, and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3058 be adopted?" (S.F. 66),
  the vote was:
  Ayes, 17:

  Black	Bolkcom	Connolly	Deluhery
  Dvorsky	Fiegen	Fink	Flynn
  Gronstal	Hammond	Hansen	Harper
  Holveck	Kibbie	McCoy	McKean
  Soukup

  Nays, 29:

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

  Absent or not voting, 4:

  Dearden	Fraise	Horn	Shearer

  Amendment S-3058 lost.

  Senator Fink offered amendment S-3059, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3059 be adopted?" (S.F. 66),
  the vote was:

  Ayes, 16:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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, 4:

  Dearden	Fraise	Horn	Shearer

  Amendment S-3059 lost.

  Senator Harper offered amendment S-3060, filed by her from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3060 lost by a voice vote.

  Senator Bolkcom offered amendment S-3042, filed by him from the
  floor to page 1 of the bill.

  Senator Lamberti raised the point of order that amendment
  S-3042 was not germane to the bill.

  The Chair ruled the point well-taken and amendment S-3042 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?" (S.F. 66), the vote was:

  Ayes, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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	

  Nays, 17:

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

  Absent or not voting, 3:

  Dearden	Fraise	Horn

  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 66 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:15 p.m.
  until 9:00 a.m. Wednesday, February 14, 2001.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 13, 2001, 10:00 a.m.

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

  Members Absent:  Dearden (excused).

  Committee Business:  Department of Human Rights presented a department
  overview.  Presentations by the LIHEAP and HOPES programs.

  Adjourned:  11:55 a.m.

  WAYS AND MEANS

  Convened:  February 13, 2001, 4:36 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 1075 and 1076.

  Adjourned:  4:50 p.m.

  INTRODUCTION OF RESOLUTIONS

  Senate Concurrent Resolution 10, by Maddox and Harper, a
  concurrent resolution designating March 2001 as Iowa Women's
  History Month.

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

  Senate Resolution 13, by Tinsman, a resolution recognizing the
  Right Reverend C. Christopher Epting.

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

  Senate File 174, by Miller, a bill for an act relating to teacher
  licensing, including the qualifications for licensure, nontraditional
  practitioner preparation instruction programs, and the employment
  of an individual who possesses a conditional teaching license.

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

  Senate File 175, by Connolly, a bill for an act establishing a grant
  process to provide school districts with resources to implement
  volunteer student mentoring pilot projects, making an appropriation,
  and providing emergency rulemaking authority.

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

  Senate File 176, by Kibbie, Hammond, Harper, Dvorsky, Fink,
  Shearer, Connolly, Horn, Black, Flynn, McCoy, Gronstal, Fraise,
  Bolkcom, Dearden, Holveck, and Fiegen, a bill for an act providing for
  an increase in the community college equipment replacement and
  facilities levies.

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

  Senate File 177, by Hammond, Harper, Dvorsky, Fink, Shearer,
  Connolly, Deluhery, Kibbie, Horn, Hansen, McCoy, Gronstal, Fraise,
  Black, Bolkcom, Dearden, Soukup, Holveck, Fiegen, and Flynn, a bill
  for an act relating to healthy and safe families and communities in
  Iowa by providing for prevention of and response to acts of abuse,
  providing mental health and substance abuse treatment coverage
  benefits, modifying the elements of assault and applying penalties,
  and making appropriations.

  Read first time under Rule 28 and referred to committee on
  Appropriations.
  Senate File 178, by Bartz, a bill for an act relating to the
  contracting by a city of uniformed law enforcement services by the
  county sheriff.

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

  Senate File 179, by Bolkcom and Kibbie, a bill for an act
  providing for special late voter registration to enable an eligible
  elector to vote at the polling place on election day and providing a
  durational residency requirement for voting.

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

  Senate File 180, by Rehberg, a bill for an act relating to the
  property tax exemption for recycling property and including an
  applicability date.

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

  Senate File 181, by Dvorsky, Dearden, Flynn, Shearer, Harper,
  Kibbie, Fiegen, Fink, Horn, Deluhery, Hammond, Fraise, Soukup,
  McCoy, Black, Gronstal, Bolkcom, Holveck, Connolly, and Hansen, a
  bill for an act providing for county mental health, mental retardation,
  and developmental disabilities allowable growth factor, and making
  an appropriation.

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

  BILL 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 bill has 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 13th
  day of
  February, 2001:

  Senate File 63.

  MICHAEL E. MARSHALL
  Secretary of the Senate
  AMENDMENTS FILED

  S-3028	S.F.	100	Patricia Harper
  S-3029	S.F.	62	Mike Sexton
  S-3030	S.F.	62	Mike Sexton
  S-3031	S.F.	100	Johnie Hammond
  S-3032	S.F.	66	Michael E. Gronstal
  S-3033	S.F.	66	Michael E. Gronstal
  S-3034	S.F.	66	Mike Connolly
  S-3035	S.F.	66	Patricia Harper
  S-3036	S.F.	66	Thomas L. Fiegen
  S-3037	S.F.	66	Patrick J. Deluhery
  S-3038	S.F.	66	Robert E. Dvorsky
  S-3039	S.F.	66	Patricia Harper
  S-3040	S.F.	66	Johnie Hammond
  S-3041	S.F.	66	Matt McCoy
  S-3042	S.F.	66	Joe Bolkcom
  S-3043	S.F.	66	Johnie Hammond
  S-3044	S.F.	66	Betty A. Soukup
  S-3045	S.F.	66	Thomas Fiegen
  S-3046	S.F.	66	Dennis H. Black
  S-3047	S.F.	66	Dennis H. Black
  S-3048	S.F.	66	Jack Holveck
  S-3049	S.F.	66	Johnie Hammond
  S-3050	S.F.	66	Robert E. Dvorsky
  S-3051	S.F.	66	Robert E. Dvorsky
  S-3052	S.F.	66	Michael E. Gronstal
  S-3053	S.F.	66	Thomas Fiegen
  S-3054	S.F.	66	John P. Kibbie
  S-3055	S.F.	66	Tom Flynn
  S-3056	S.F.	66	Mike Connolly
  S-3057	S.F.	66	Tom Flynn
  Mark Shearer
  S-3058	S.F.	66	Robert E. Dvorsky
  Eugene S. Fraise
  Mark Shearer
  S-3059	S.F.	66	Bill Fink
  S-3060	S.F.	66	Patricia Harper
  S-3061	S.F.	126	Neal Schuerer
  286	JOURNAL OF THE SENATE	37th Day
  37th Day	TUESDAY, FEBRUARY 13, 2001	287

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