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FIFTY-SEVENTH CALENDAR DAY THIRTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 5, 2001 The Senate met in regular session at 1:05 p.m., President Kramer presiding. Prayer was offered by Father Ouderkirk of St. Bridget's Catholic Church in Postville, Iowa, guest of Senator Zieman. The Senate observed a moment of silence in regard to the shootings at Santana High School in Santee, California. The Journal of Thursday, March 1, 2001, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Greiner, until she arrives, on request of Senator Jensen. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Files 184 and 320 be referred from the Regular Calendar to the committee on Ways and Means, and Senate File 340 be referred from the Regular Calendar to the committee on Appropriations. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 1:22 p.m. until 9:00 a.m. Tuesday, March 6, 2001. APPENDIX COMMUNICATION RECEIVED The following communication was received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: March 5, 2001 DEPARTMENT OF EDUCATION Early Intervention Class Size Survey Results 2000-2001, as pursuant to Iowa Code section 256D.3. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Iman El Khatib, Jefferson Junior High School, Dubuque - For receiving the Edith Rose Murphy Sackett Award for the best essay on a woman volunteer. Senator Connolly (03/01/01). Mitchell Stephenson, Davenport - For achieving the rank of Eagle Scout. Senator Tinsman (03/05/01). Brian Van Hoosier, Davenport - For achieving the rank of Eagle Scout. Senator Tinsman (03/05/01). PETITION The following petition was presented and placed on file: From 269 residents of Allamakee, Clayton, and Howard counties, Iowa, favoring legislation to expand Iowa's beverage container law (SF 97 and HF 69). Senator Zieman. INTRODUCTION OF BILLS Senate File 346, by committee on Judiciary, a bill for an act relating to the department of corrections by providing for the use of deadly force by correctional or peace officers, for submission of presentence investigation reports to the department, for establishing a training fund in the department, for transcription and recording of testimony for certain investigations conducted by the department of corrections, and for purchases by a department or agency from Iowa state industries. Read first time under Rule 28 and placed on calendar. Senate File 347, by committee on Judiciary, a bill for an act eliminating court costs and filing and service fees for plaintiffs seeking relief from domestic abuse. Read first time under Rule 28 and placed on calendar. Senate File 348, by committee on Education, a bill for an act relating to the establishment of Iowa charter schools. Read first time under Rule 28 and placed on calendar. Senate File 349, by committee on State Government, a bill for an act relating to information concerning contested case proceedings of the ethics and campaign disclosure board. Read first time under Rule 28 and placed on calendar. Senate File 350, by committee on Transportation, a bill for an act making transportation-related Code changes relating to temporary restricted permits and temporary entry and exit permits, railroad crossings, the content of driver's licenses and nonoperator's identification cards, child restraint devices in motor vehicles, hours of service, unsatisfied judgments, and bulk liquid transport. Read first time under Rule 28 and placed on calendar. Senate File 351, by committee on Judiciary, a bill for an act relating to the criminal offenses of enticing a minor away and sexual exploitation of a minor and providing a penalty. Read first time under Rule 28 and placed on calendar. Senate File 352, by Schuerer, a bill for an act relating to safe driving provisions, including road lane markings, motor vehicle headlight use, and safe driving refresher courses, and making a penalty applicable. Read first time under Rule 28 and referred to committee on Transportation. Senate File 353, by Schuerer, a bill for an act establishing covenant marriages and providing an effective date. Read first time under Rule 28 and referred to committee on Human Resources. SUBCOMMITTEE ASSIGNMENTS Senate File 315 NATURAL RESOURCES AND ENVIRONMENT: McLaren, Chair; Fink and Lundby Senate File 324 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Gaskill, Chair; Behn and Fiegen Senate File 326 WAYS AND MEANS: Flynn, Chair; Drake and Miller Senate File 327 WAYS AND MEANS: Harper, Chair; McKinley and Redwine Senate File 328 WAYS AND MEANS: Greiner, Chair; Deluhery and Maddox Senate File 329 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Bolkcom and McLaren Senate File 332 NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Deluhery and McLaren Senate File 334 EDUCATION: McKinley, Chair; Angelo and Fink House File 294 EDUCATION: Tinsman, Chair; Dvorsky and Veenstra House File 349 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Greiner, Chair; Shearer and Veenstra House File 354 HUMAN RESOURCES: Redwine, Chair; Boettger and Harper BILL SIGNED BY THE GOVERNOR A communication was received announcing that on March 2, 2001, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 83 - Relating to the verification of a uniform citation and complaint issued by a law enforcement agency. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 1, 2001, when the votes were taken on Senate Files 125, 276, and 279 and House File 192. Had I been present, I would have voted "Aye" on all. MICHAEL W. CONNOLLY GOVERNOR'S APPOINTEE PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the Individual Confirmation Calendar with recommendation for confirmation: JUDICIARY Walter L. Kautzky - Director of the Department of Corrections COMMITTEE REPORTS EDUCATION Final Bill Action: *SENATE FILE 348 (SSB 1086), a bill for an act relating to the establishment of Iowa charter schools. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Boettger, Rehberg, Angelo, McKinley, Redfern, Redwine, Tinsman, and Veenstra. Nays, 6: Connolly, Dvorsky, Fink, Harper, Shearer, and Soukup. Absent or not voting, 1: Kramer. 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 Education Committee on Senate File 348, and they were attached to the committee report. JUDICIARY Final Bill Action: *SENATE FILE 346 (SSB 1152), a bill for an act relating to the department of corrections by providing for the use of deadly force by correctional or peace officers, for submission of presentence investigation reports to the department, for establishing a training fund in the department, for transcription and recording of testimony for certain investigations conducted by the department of corrections, and for purchases by a department or agency from Iowa state industries. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Maddox, Redfern, Holveck, Angelo, Fiegen, Fraise, Hammond, Hansen, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 2: Boettger and Horn. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 346, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 347 (SSB 1106), a bill for an act eliminating court costs and filing and service fees for plaintiffs seeking relief from domestic abuse. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Maddox, Redfern, Holveck, Angelo, Fiegen, Fraise, Hammond, Hansen, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 2: Boettger and Horn. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 347, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 351 (SSB 1104), a bill for an act relating to the criminal offenses of enticing a minor away and sexual exploitation of a minor and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 1: Horn. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 351, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: *SENATE FILE 349 (SSB 1059), a bill for an act relating to information concerning contested case proceedings of the ethics and campaign disclosure board. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: King, Lamberti, Kibbie, Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, none. Absent or not voting, 2: Connolly and McLaren. 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 State Government Committee on Senate File 349, and they were attached to the committee report. TRANSPORTATION Final Bill Action: *SENATE FILE 350 (SSB 1046), a bill for an act making transportation-related Code changes relating to temporary restricted permits and temporary entry and exit permits, railroad crossings, the content of driver's licenses and nonoperator's identification cards, child restraint devices in motor vehicles, hours of service, unsatisfied judgments, and bulk liquid transport. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Rittmer, Drake, Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, Sexton, and Zieman. Nays, none. Absent or not voting, 3: McCoy, McKinley, and McLaren. 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 Transportation Committee on Senate File 350, and they were attached to the committee report. AMENDMENTS FILED S-3127 S.F. 242 John Redwine Merlin E. Bartz S-3128 S.F. 196 Richard F. Drake Patrick J. Deluhery 504 JOURNAL OF THE SENATE 57th Day 57th Day MONDAY, MARCH 5, 2001 505
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