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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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