Senate Journal: Tuesday, February 27, 2001

  FIFTY-FIRST CALENDAR DAY
  THIRTIETH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 27, 2001

  The Senate met in regular session at 9:05 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend David Loy, pastor of the
  Community of Christ Church in Hiawatha, Iowa, guest of Senator
  Horn.

  The Journal of Monday, February 26, 2001, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Sexton, until he arrives, on request of Senator Gaskill.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:20 a.m.
  until 1:00 p.m.
  APPENDIX

  REPORT OF THE COMMITTEE ON
  RULES AND ADMINISTRATION

  The committee on Rules and Administration referred the following
  Governor's appointments to state boards, commissions, and
  departments to Senate standing committees, as indicated for
  investigation on February 27, 2001:

  AGRICULTURE

  Thomas Kaldenberg - Iowa Grain Indemnity Fund Board

  COMMERCE

  Holmes Foster - Superintendent of Banking

  EDUCATION

  Anita Walker Jessen - Director of the Department of Cultural Affairs

  Veronica Stalker - Board of Educational Examiners

  HUMAN RESOURCES

  Elizabeth Shannahan - Board of Behavioral Science Examiners

  Rebecca Burgart - Iowa Empowerment Board

  Sylvia Schoer - Council on Human Services

  Gilda Bettis - Commission on Tobacco Use Prevention and Control
  Kermit Dahlen - Commission on Tobacco Use Prevention and Control
  Dixie Daugherty - Commission on Tobacco Use Prevention and Control
  Randy Meyer - Commission on Tobacco Use Prevention and Control
  Frank O'Connor - Commission on Tobacco Use Prevention and Control
  Paul Pomrehn - Commission on Tobacco Use Prevention and Control
  Sharon Wellendorf - Commission on Tobacco Use Prevention and Control

  JUDICIARY

  Walter L. Kautzky - Director of the Department of Corrections

  Ed Barnes - Iowa Drug Policy Advisory Council
  Douglas Book - Iowa Drug Policy Advisory Council
  Pamela Dettmann - Iowa Drug Policy Advisory Council
  Diane Thomas - Iowa Drug Policy Advisory Council
  LOCAL GOVERNMENT

  LaVon Griffieon - City Development Board
  James Halverson - City Development Board

  Kevin Wynn - County Finance Committee

  Mark Monson - Iowa Lewis and Clark Bicentennial Commission
  Kari Sliva - Iowa Lewis and Clark Bicentennial Commission

  NATURAL RESOURCES AND ENVIRONMENT

  Lisa Davis Cook - Environmental Protection Commission

  Richard Francisco - Natural Resource Commission

  Jeffrey R. Vonk - Director of the Department of Natural Resources

  Karen Andersen-Schank - Renewable Fuels and Coproducts Advisory Committee

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Alison Doyle - Small Business Advisory Council
  Nicholas Henderson - Small Business Advisory Council

  STATE GOVERNMENT

  Steven Kraus - Board of Chiropractic Examiners

  Forrest Holly, Jr. - Engineering and Land Surveying Examining Board

  Mary Brandsgard - Information Technology Council
  Cynthia Eisenhauer - Information Technology Council
  Sandra Glenn - Information Technology Council
  Diane Kolmer - Information Technology Council
  Timothy Lapointe - Information Technology Council
  Sharman Smith - Information Technology Council
  Rose Vasquez - Information Technology Council

  Richard J. Varn - Director of the Information Technology Department

  Sandra L. Dell - Administrator of the Administration Division of the
  Department of
  Information Technology

  Sharon K. Sperry - Administrator of the Customer Liaison Division of the
  Department of Information Technology

  Daniel A. Combs - Administrator of the Digital Government Bureau of the
  Department of Information Technology

  Russell F. Rozinek - Administrator of the Operations Division of the
  Department of
  Information Technology
  Deborah A. O'Leary - Administrator of the Policy and Planning Division of
  the
  Department of Information Technology

  Quentin Boyken - IowAccess Advisory Council
  Marsha Carter - IowAccess Advisory Council
  Gail Flagel - IowAccess Advisory Council
  Jane Ginapp - IowAccess Advisory Council
  Kelly Hayworth - IowAccess Advisory Council
  Craig Hiemstra - IowAccess Advisory Council
  Carol Johnson - IowAccess Advisory Council
  Corlis Moody - IowAccess Advisory Council
  Richard Neri - IowAccess Advisory Council
  Julie Newby - IowAccess Advisory Council
  Bob Skow - IowAccess Advisory Council
  Herbert Strentz - IowAccess Advisory Council
  John Wellman - IowAccess Advisory Council

  Debra Brooks - Board of Massage Therapy Examiners
  Justin Fisher - Board of Massage Therapy Examiners

  Michael Byrne - Board of Medical Examiners
  Susan Johnson - Board of Medical Examiners

  Susan Frey - State Board of Examiners for Nursing Home Administrators
  Judy Weller - State Board of Examiners for Nursing Home Administrators

  Terrance Lillis - Peace Officers' Retirement, Accident, and Disability
  System
  Trustee

  Paul Abramowitz - Board of Pharmacy Examiners

  Angela Langrehr - Board of Podiatry Examiners

  Cindy Hansen - Real Estate Appraiser Examining Board

  Michael Gartner - Chairperson of the Vision Iowa Board

  Dianne Paca - Vice Chairperson of the Vision Iowa Board

  Marvin Berenstein - Vision Iowa Board
  Mary Ellen Chamberlin - Vision Iowa Board
  Gregg Connell - Vision Iowa Board
  Swati Dandekar - Vision Iowa Board
  Sharon Juon - Vision Iowa Board
  Jerry Kearns - Vision Iowa Board
  Bradford Parks - Vision Iowa Board
  LaMetta Wynn - Vision Iowa Board

  WAYS AND MEANS

  Michael L. Tramontina - Executive Director of the Iowa Finance Authority
  Richard Wright - Iowa Finance Authority

  Courtney Kay-Decker - State Board of Tax Review

  CERTIFICATES OF RECOGNITION

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

  Denise Carlson, Gilbert Elementary School, Gilbert - For being the recipient
  of the
  Milken Family Foundation National Educator Award.  Senator McKibben
  (02/27/01).

  Colo-Nesco Senior Physics Class - For receiving second place in the Drake
  Physics
  Olympics.  Senator McKibben (02/27/01).

  Melissa Dunlap, Colo-Nesco Middle School - For being a second-place winner
  in
  the "Write Women Back Into History" Essay Contest for 6th and 7th grades.
  Senator
  McKibben (02/27/01).

  Bart Little, Tri-County School, Thornburg - For attaining runner-up in the
  2001
  1-A Wrestling State Championship 140 Pound Class.  Senator Greiner
  (02/27/01).

  REPORTS OF COMMITTEE MEETINGS

  LOCAL GOVERNMENT

  Convened:  February 27, 2001, 10:45 a.m.

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

  Members Absent:  Hansen, Ranking Member; Horn and McCoy (all excused).

  Committee Business:  Passed SF 57 (as amended).

  Adjourned:  10:55 a.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 27, 2001, 9:35 a.m.

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

  Members Absent:  Sexton, Chair (excused).

  Committee Business:  Passed SF 246.

  Adjourned:  10:30 a.m.
  RULES AND ADMINISTRATION

  Convened:  February 27, 2001, 9:23 a.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Boettger, Dvorsky,
  Fink,
  Gaskill, Johnson, McKean, and Rittmer.

  Members Absent:  Gronstal, Ranking Member; and Harper (both excused).

  Committee Business:  Governor's appointee subcommittees assigned.  Passed
  SRs 8,
  12, and 13 and SCRs 3, 8, and 10.

  Adjourned:  9:27 a.m.

  INTRODUCTION OF BILLS

  Senate File 292, by Black, a bill for an act relating to the
  disposition of unclaimed deer venison processed by a meat and
  poultry processing establishment.

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

  Senate File 293, by Rehberg, a bill for an act relating to the
  testing of certain herds for pseudorabies infection.

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

  Senate File 294, by Soukup, a bill for an act relating to the
  eligibility of counties to designate an enterprise zone under the
  enterprise zone program.

  Read first time under Rule 28 and referred to committee on Small
  Business, Economic Development, and Tourism.

  Senate File 295, by Bolkcom, a bill for an act providing an income
  tax credit for purchasing of new vehicles with high fuel economy
  ratings and including effective and retroactive applicability date
  provisions.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.
  Senate File 296, by Bolkcom, a bill for an act relating to the
  development of a plan to provide alternative housing to elders who
  are victims of abuse.

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

  Senate File 297, by Bolkcom, a bill for an act relating to
  pharmaceutical assistance, including the establishment of a
  pharmaceutical assistance program for the elderly, establishing a
  condition of participation in the medical assistance program for
  pharmacies, making an appropriation, and providing a penalty.

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

  Senate File 298, by Lamberti, a bill for an act establishing a tax
  credit against individual and corporate income tax liability for small
  business guaranty fees paid and including a retroactive applicability
  date provision.

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

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 142

  JUDICIARY:  Maddox, Chair; Horn and King

  Senate File 152

  JUDICIARY:  King, Chair; Angelo and Hammond

  Senate File 226

  WAYS AND MEANS:  McKibben, Chair; Bolkcom, Flynn, Greiner, and Miller

  Senate File 228

  JUDICIARY:  Miller, Chair; Hansen and Maddox

  Senate File 253

  JUDICIARY:  Angelo, Chair; Hammond and Maddox
  Senate File 271

  APPROPRIATIONS:  Angelo, Chair; Fiegen and Redfern

  Senate File 275

  APPROPRIATIONS:  Tinsman, Chair; Bolkcom and Zieman

  Senate File 280

  APPROPRIATIONS:  Lamberti, Chair; Bolkcom and Kramer

  Senate File 285

  APPROPRIATIONS:  Tinsman, Chair; Bolkcom and McKibben

  Senate File 290

  WAYS AND MEANS:  Drake, Chair; Connolly and Rehberg

  COMMITTEE REPORTS

  LOCAL GOVERNMENT

  Final Bill Action:  SENATE FILE 57, a bill for an act relating to approval
  of city
  ordinances granting certain utility franchises.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3112.

  Final Vote:  Ayes, 10:  Miller, Angelo, Bartz, Black, Fraise, Gaskill,
  Johnson,
  McKibben, Schuerer, and Zieman.  Nays, none.  Absent or not voting, 3:
  Hansen, Horn,
  and McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 3, a concurrent
  resolution urging the Governor to appoint a commission to develop design
  proposals for
  Iowa's participation in the United States Mint's 50 state quarters program
  and to
  direct the commission to develop designs incorporating the Old Capitol as a
  symbol for
  the state.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill,
  Johnson,
  McKean, and Rittmer.  Nays, none.  Absent or not voting, 2:  Gronstal and
  Harper.

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

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 8, a concurrent
  resolution urging United States Congressional support for the Railroad
  Retirement and
  Survivors Improvement Act.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill,
  Johnson,
  McKean, and Rittmer.  Nays, none.  Absent or not voting, 2:  Gronstal and
  Harper.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 10, a concurrent
  resolution designating March 2001 as Iowa Women's History Month.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill,
  Johnson,
  McKean, and Rittmer.  Nays, none.  Absent or not voting, 2:  Gronstal and
  Harper.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 8, a Senate resolution honoring
  Christine
  Grant, former Women's Athletic Director of the University of Iowa.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill,
  Johnson,
  McKean, and Rittmer.  Nays, none.  Absent or not voting, 2:  Gronstal and
  Harper.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 12, a Senate resolution honoring
  Theresa
  J. Uchytil.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill,
  Johnson,
  McKean, and Rittmer.  Nays, none.  Absent or not voting, 2:  Gronstal and
  Harper.

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

  Final Bill Action:  *SENATE RESOLUTION 13, a Senate resolution recognizing
  the
  Right Reverend C. Christopher Epting.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill,
  Johnson,
  McKean, and Rittmer.  Nays, none.  Absent or not voting, 2:  Gronstal and
  Harper.

  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 Rules and Administration Committee on Senate
  Resolution 13, and they were attached to the committee report.
  AFTERNOON SESSION

  The Senate reconvened at 1:07 p.m., President Pro Tempore
  McKean presiding.

  The Senate stood at ease at 1:08 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 2:20 p.m., President Kramer
  presiding.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy, until he arrives, on request of Senator Fink.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 114.

  Senate File 114

  On motion of Senator Holveck, Senate File 114, a bill for an act
  relating to the composition of the medical assistance advisory council,
  was taken up for consideration.

  Senator Holveck 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. 114), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  McCoy	McLaren	Sexton

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

  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 27, 2001, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 293, a bill for an act relating to the duties of the board
  of directors of a school district prior to a regular school election.

  Read first time and referred to committee on Education.

  House File 326, a bill for an act relating to the mediation process
  in civil rights cases.

  Read first time and referred to committee on Judiciary.

  House File 352, a bill for an act relating to the administration
  and care of the Iowa battle flag collection.

  Read first time and attached to similar Senate File 164.

  President Pro Tempore McKean took the chair at 2:36 p.m.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 170.

  Senate File 170

  On motion of Senator Schuerer, Senate File 170, a bill for an act
  relating to training requirements for certain child laborers and
  providing an effective date, was taken up for consideration.

  Senator Schuerer offered amendment S-3113, filed by him from
  the floor to page 1 of the bill.

  The Senate stood at ease at 2:43 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 3:12 p.m., President Pro Tempore
  McKean presiding.

  Senator Schuerer asked and received unanimous consent that
  action on amendment S-3113 and Senate File 170 be deferred.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 185.

  Senate File 185

  On motion of Senator Drake, Senate File 185, a bill for an act
  relating to the definition of factory-built structures, the relocation of
  factory-built structures, the certification of installers of manufactured
  homes, and providing a fee, an appropriation, and a civil penalty, was
  taken up for consideration.

  Senator Drake 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. 185), the vote was:

  Ayes, 49:

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

  Nays, none.

  Absent or not voting, 1:

  Sexton

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

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 222.

  Senate File 222

  On motion of Senator Maddox, Senate File 222, a bill for an act
  relating to the statute of limitations in civil actions arising out of the
  unsafe or defective condition of an improvement to real property, was
  taken up for consideration.

  Senator Fiegen offered amendment S-3116, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  A nonrecord roll call was requested.

  The ayes were 22, nays 25.
  Amendment S-3116 lost.

  Senator Fiegen asked and received unanimous consent that action
  on Senate File 222 be deferred.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 164.

  Senate File 164

  On motion of Senator McKinley, Senate File 164, a bill for an act
  relating to the administration and care of the Iowa battle flag
  collection, was taken up for consideration.

  Senator McKinley offered amendment S-3115, filed by him from
  the floor to page 1 of the bill, and moved its adoption.

  A nonrecord roll call was requested.

  The ayes were 38, nays 12.

  Amendment S-3115 was adopted.

  Senator McKinley asked and received unanimous consent that
  House File 352 be substituted for Senate File 164.

  House File 352

  On motion of Senator McKinley, House File 352, a bill for an act
  relating to the administration and care of the Iowa battle flag
  collection, was taken up for consideration.

  Senator Drake offered amendment S-3119, filed by Senator Drake,
  et al., from the floor to page 1 of the bill.

  Senator Drake asked and received unanimous consent that action
  on amendment S-3119 and House File 352 be deferred.
  BUSINESS PENDING

  Senate File 170

  The Senate resumed consideration of Senate File 170, a bill for
  an act relating to training requirements for certain child laborers and
  providing an effective date, and amendment S-3113, previously
  deferred.

  Senator Schuerer asked and received unanimous consent to
  withdraw amendment S-3113.

  Senator Schuerer offered amendment S-3118, filed by Senators
  Schuerer and Fiegen from the floor to page 1 of the bill, and moved its
  adoption.

  Amendment S-3118 was adopted by a voice vote.

  Senator Hammond asked and received unanimous consent that
  action on Senate File 170 be deferred.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 104.

  Senate File 104

  On motion of Senator Connolly, Senate File 104, a bill for an act
  relating to a study of the Iowa communications network as a school
  district instructional tool for students enrolled in kindergarten
  through grade twelve, was taken up for consideration.

  Senator Connolly 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. 104), the vote was:
  Ayes, 50:

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

  Nays, none.

  Absent or not voting, none.

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

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 165.

  Senate File 165

  On motion of Senator King, Senate File 165, a bill for an act
  enacting the Iowa English language reaffirmation Act of 2001, with
  report of committee recommending amendment and passage, was
  taken up for consideration.

  Senator King asked and received unanimous consent that action
  on Senate File 165 be deferred.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 11.
  Senate Concurrent Resolution 11

  On motion of Senator King, Senate Concurrent Resolution 11,
  a concurrent resolution requesting that the United States Congress
  create a standard nationwide time for poll closings in general and
  congressional elections, was taken up for consideration.

  Senator King moved the adoption of Senate Concurrent Resolution 11,
  which motion prevailed by a voice vote.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 168 and 211.

  Senate File 168

  On motion of Senator Lundby, Senate File 168, a bill for an act
  relating to the granting of additional cable television franchises by a
  city, was taken up for consideration.

  Senator Lundby asked and received unanimous consent that action
  on Senate File 168 be deferred.

  Senate File 211

  On motion of Senator Greiner, Senate File 211, a bill for an act
  relating to the powers and duties of the department of agriculture
  and land stewardship, was taken up for consideration.

  Senator Greiner offered amendment S-3071, filed by her on
  February 19, 2001, to page 1 of the bill, and moved its adoption.

  Amendment S-3071 was adopted by a voice vote.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Harper, until she returns, on request of Senator Hammond; and
  Senator
  Redfern, until he returns, on request on Senator Iverson.
  BUSINESS PENDING

  Senate File 211

  The Senate resumed consideration of Senate File 211.

  Senator Greiner 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. 211), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Harper	Redfern

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

  BUSINESS PENDING

  House File 352

  The Senate resumed consideration of House File 352, a bill for an
  act relating to the administration and care of the Iowa battle flag
  collection, and amendment S-3119, previously deferred.

  Senator Drake asked and received unanimous consent to withdraw
  amendment S-3119.
  Senator Drake offered amendment S-3120, filed by Senator Drake,
  et al., from the floor to page 1 of the bill, and moved its adoption.

  Amendment S-3120 was adopted by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Dearden, for the remainder of the day, on request of Senator
  Holveck.

  BUSINESS PENDING

  House File 352

  The Senate resumed consideration of House File 352.

  Senator McKinley 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. 352), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

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

  WITHDRAWN

  Senator McKinley asked and received unanimous consent that
  Senate File 164 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 11, Senate Files 104, 114, 185,
  and 211, and House File 352 be immediately messaged to the
  House.

  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 27, 2001, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 259, a bill for an act relating to the duties and office of
  the secretary of state in commissioning notarial officers.

  Read first time and referred to committee on State Government.

  House File 270, a bill for an act striking certain filing
  requirements related to campus crime statistics and sexual abuse
  policies.

  Read first time and referred to committee on Education.

  House File 286, a bill for an act permitting cooperative
  associations to deal with nonmembers, to use fictitious names, and to
  issue memberships without charge; to permit electric cooperatives to
  have multiple classes of members; and providing an effective date.

  Read first time and attached to similar Senate File 103.
  House File 287, a bill for an act establishing the interstate
  compact for adult criminal offender supervision and providing a
  contingent effective date.

  Read first time and attached to companion Senate File 221.

  House File 355, a bill for an act relating to the school year
  beginning date.

  Read first time and referred to committee on Education.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:31 p.m.
  until 9:00 a.m. Wednesday, February 28, 2001.
  APPENDIX

  COMPANION BILL RECEIVED

  On February 27, 2001, House File 287 was received and attached
  to companion Senate File 221 on the Senate calendar.

  SIMILAR BILLS RECEIVED

  On February 27, 2001, House File 352 was received and attached
  to similar Senate File 164 on the Senate calendar.

  On February 27, 2001, House File 286 was received and attached
  to similar Senate File 103 on the Senate calendar.

  REPORT OF COMMITTEE MEETING

  WAYS AND MEANS

  Convened:  February 27, 2001, 11:38 a.m.

  Members Present:  McKibben, Chair; Bolkcom, Connolly, Deluhery, Drake,
  Flynn,
  Greiner, Holveck, Maddox, Miller, and Redwine.

  Members Absent:  McKinley, Vice Chair; Harper, Ranking Member; Lamberti and
  Rehberg (all excused).

  Committee Business:  Subcommittee assignments.

  Adjourned:  11:52 a.m.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 12, by Tinsman, a concurrent
  resolution requesting the Director of Public Health to review the
  effects of obesity, report on current state and local programs to
  enhance public awareness of obesity and its treatment, and make
  recommendations for improvements of the programs.

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

  Senate File 299, by Bartz, a bill for an act relating to the property
  tax levy for the maintenance of the office of assessor and other
  assessment procedures and including effective and applicability date
  provisions.

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

  Senate File 300, by Harper, a bill for an act relating to a bona
  fide retirement for teachers under the Iowa public employees'
  retirement system.

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

  Senate File 301, by Rehberg, a bill for an act relating to the
  determination of the jurisdiction in which local option sales and
  services taxes are to be imposed.

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

  Senate File 302, by King, a bill for an act relating to child care
  and protection public policy provisions involving children.

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

  Senate File 303, by King, a bill for an act providing
  supplementary weighting for pupils attending classes taught via the
  Iowa communications network.

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

  Senate File 304, by committee on Natural Resources and
  Environment, a bill for an act relating to the application procedure
  for variances for open burning.
  Read first time under Rule 28 and placed on calendar.

  Senate File 305, by Freeman, a bill for an act relating to personal
  computers as household hazardous waste.

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

  Senate File 306, by Kibbie, a bill for an act authorizing a political
  subdivision to impose a local income surtax, in addition to property
  taxes, to partially fund certain bonds, and providing for the Act's
  applicability.

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

  Senate File 307, by Redfern, a bill for an act allowing certain
  state employees to use accrued sick leave for purposes relating to the
  adoption of a child.

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

  STUDY BILLS RECEIVED

  SSB 1165	Judiciary

  Creating the criminal offense of bestiality and providing a penalty.

  SSB 1166	Judiciary

  Relating to appeals filed in juvenile court proceedings.

  SSB 1167	Judiciary

  Establishing the Iowa electronic recording system, establishing
  fees, and providing for the Act's applicability.
  SSB 1168	Judiciary

  Requiring E911 surcharges remitted by a provider to be reported
  in a standard format.

  SSB 1169	Judiciary

  Relating to the qualifications and duties of the clerk of court.

  SSB 1170	Judiciary

  Relating to penalties for theft of motor vehicle fuel.

  SSB 1171	State Government

  Providing title restrictions relating to the practice of physical
  therapy, and providing a penalty.

  SSB 1172	State Government

  Relating to professional employer organizations.

  SSB 1173	State Government

  Restricting the filing of civil actions or the joining of civil actions
  as a party by governmental entities against firearms manufacturers.

  SSB 1174	State Government

  Relating to licensure requirements for physician assistants and
  providing an effective date.

  SSB 1175	State Government

  Eliminating preferential treatment in state employment,
  contracts, and services.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 261

  STATE GOVERNMENT:  Bolkcom, Chair; King and Lamberti
  Senate File 268

  STATE GOVERNMENT:  McLaren, Chair; Deluhery and King

  Senate File 269

  STATE GOVERNMENT:  McKean, Chair; Kibbie and King

  Senate File 270

  COMMERCE:  Schuerer, Chair; Bolkcom and King

  Senate File 274

  COMMERCE:  Bolkcom, Chair; Jensen and Johnson

  Senate File 283

  STATE GOVERNMENT:  Bolkcom, Chair; King and Lamberti

  Senate File 284

  STATE GOVERNMENT:  King, Chair; Bolkcom and Lamberti

  Senate File 286

  COMMERCE:  Johnson, Chair; Flynn and Maddox

  SSB 1165

  JUDICIARY:  King, Chair; Fiegen and Redfern

  SSB 1166

  JUDICIARY:  Maddox, Chair; Holveck and Miller

  SSB 1167

  JUDICIARY:  Redfern, Chair; Angelo and Holveck

  SSB 1168

  JUDICIARY:  Tinsman, Chair; Hansen and Miller

  SSB 1169

  JUDICIARY:  Holveck, Chair; Maddox and Redfern

  SSB 1170

  JUDICIARY:  Tinsman, Chair; Horn and Redfern
  SSB 1171

  STATE GOVERNMENT:  Drake, Chair; Fink and Rittmer

  SSB 1172

  STATE GOVERNMENT:  Maddox, Chair; Connolly and Lamberti

  SSB 1173

  STATE GOVERNMENT:  McLaren, Chair; Kibbie and Sexton

  SSB 1174

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and McLaren

  SSB 1175

  STATE GOVERNMENT:  McLaren, Chair; Bolkcom and King

  COMMITTEE REPORT

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 304 (formerly SF 246), a bill for an act
  relating to
  the application procedure for variances for open burning.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Bartz, Fink, Black, Drake, Freeman, Johnson, Kibbie,
  Lundby,
  McLaren, Miller, and Rittmer.  Nays, 3:  Bolkcom, Dearden, and Deluhery.
  Absent or
  not voting, 1:  Sexton.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3074	S.F.	267	Thomas Fiegen
  S-3075	S.F.	267	Thomas Fiegen
  S-3076	S.F.	267	Robert E. Dvorsky
  S-3077	S.F.	267	Robert E. Dvorsky
  S-3078	S.F.	267	Betty A. Soukup
  S-3079	S.F.	267	Tom Flynn
  S-3080	S.F.	267	Tom Flynn
  S-3081	S.F.	267	Johnie Hammond
  S-3082	S.F.	267	Robert E. Dvorsky
  Wally E. Horn
  S-3083	S.F.	267	Mark Shearer
  S-3084	S.F.	267	Mark Shearer
  S-3085	S.F.	267	Eugene S. Fraise
  Mark Shearer
  S-3086	S.F.	267	Steven D. Hansen
  S-3087	S.F.	267	Johnie Hammond
  S-3088	S.F.	267	Johnie Hammond
  Betty A. Soukup
  S-3089	S.F.	267	Patricia Harper
  S-3090	S.F.	267	Jack Holveck
  S-3091	S.F.	267	Jack Holveck
  S-3092	S.F.	267	Patricia Harper
  S-3093	S.F.	267	Steven D. Hansen
  S-3094	S.F.	267	Tom Flynn
  S-3095	S.F.	267	Jack Holveck
  S-3096	S.F.	267	Michael E. Gronstal
  S-3097	S.F.	267	Michael E. Gronstal
  S-3098	S.F.	267	Mike Connolly
  S-3099	S.F.	267	Patrick J. Deluhery
  S-3100	S.F.	267	Mike Connolly
  S-3101	S.F.	267	Mike Connolly
  S-3102	S.F.	267	Robert E. Dvorsky
  S-3103	S.F.	267	John P. Kibbie
  Steven D. Hansen
  S-3104	S.F.	267	Mike Connolly
  S-3105	S.F.	267	Patricia Harper
  S-3106	S.F.	267	Johnie Hammond
  S-3107	S.F.	267	Robert E. Dvorsky
  Joe Bolkcom
  S-3108	S.F.	267	Steven D. Hansen
  Patrick J. Deluhery
  S-3109	S.F.	267	Bill Fink
  S-3110	S.F.	267	Robert E. Dvorsky
  S-3111	S.F.	267	Robert E. Dvorsky
  S-3112	S.F.	57	Local Government
  S-3113	S.F.	170	Neal Schuerer
  S-3114	S.F.	222	Jeff Angelo
  Tom Flynn
  Jeff Lamberti
  O. Gene Maddox
  S-3115	S.F.	164	Paul McKinley
  S-3116	S.F.	222	Thomas Fiegen
  S-3117	S.F.	276	JoAnn Johnson
  S-3118	S.F.	170	Neal Schuerer
  Thomas Fiegen
  S-3119	H.F.	352	Richard F. Drake
  John P. Kibbie
  Dick L. Dearden
  Mark Shearer
  John W. Jensen
  S-3120	H.F.	352	Richard F. Drake
  John P. Kibbie
  Dick L. Dearden
  Kitty Rehberg
  Mark Shearer
  John W. Jensen
  Paul McKinley
  Mike Connolly
  S-3121	S.F.	165	Steven D. Hansen
  S-3122	S.F.	165	Steven D. Hansen
  428	JOURNAL OF THE SENATE	51st Day
  51st Day	TUESDAY, FEBRUARY 27, 2001	429

© 2001 Cornell College and League of Women Voters of Iowa

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