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FIFTY-EIGHTH CALENDAR DAY THIRTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 6, 2001 The Senate met in regular session at 9:00 a.m., President Kramer presiding. Prayer was offered by the Reverend Dennis St. Lawrence, pastor of the Grace Baptist Church in Chariton, Iowa, guest of Senator McKinley. The Journal of Monday, March 5, 2001, was approved. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 14, by Iverson, a concurrent resolution providing for a reduction in the appropriations from the general fund of the state for the legislative branch for the fiscal year beginning July 1, 2000, and ending June 30, 2001. Read first time and referred to committee on Rules and Administration. Senate Resolution 18, by Iverson, Kramer, Boettger, and Veenstra, a Senate resolution declaring March 6, 2001, Marriage Day. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 9:04 a.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 9:07 a.m., President Kramer presiding. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 5, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 324, a bill for an act relating to transportation, including provisions on road projects, vehicle sales, movement, and reports, and mailing of notices, and providing a penalty and an effective date. Read first time and referred to committee on Transportation. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 18, a Senate resolution declaring March 6, 2001, Marriage Day. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 2: Gronstal and Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 18. Senate Resolution 18 On motion of Senator Iverson, Senate Resolution 18, a Senate resolution declaring March 6, 2001, Marriage Day, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 18, which motion prevailed by a voice vote. RECESS On motion of Senator Iverson, the Senate recessed at 9:19 a.m. until 1:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 5, 2001, 4:20 p.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Members Absent: Black (excused). Committee Business: Presentation regarding Foot and Mouth disease. Adjourned: 5:10 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 6, 2001, 10:05 a.m. Members Present: Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Lundby, McLaren, Miller, and Rittmer. Members Absent: None. Committee Business: Passed SF 233. Approved Governor's appointment. Presentation by DNR on self-audits. Adjourned: 10:41 a.m. RULES AND ADMINISTRATION Convened: March 6, 2001, 9:03 a.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Members Absent: Gronstal, Ranking Member; and Rittmer (both excused). Committee Business: Passed SCR 14 and SR 18. Adjourned: 9:06 a.m. INTRODUCTION OF BILLS Senate File 354, by committee on Judiciary, a bill for an act relating to limitations on filing medical assistance claims against a decedent's estate. Read first time under Rule 28 and placed on calendar. Senate File 355, by committee on Human Resources, a bill for an act providing for the transfer of custody and termination of parental rights for a newborn infant whose parent voluntarily surrenders physical custody at certain health facilities and providing for immunity from prosecution for child abandonment crimes for such parent, establishing confidentiality protections and a penalty, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 356, by Flynn, Hammond, Harper, Dvorsky, Fink, Shearer, Connolly, Deluhery, Kibbie, Horn, McCoy, Gronstal, Fraise, Black, Hansen, Bolkcom, Dearden, Soukup, Holveck, and Fiegen, a bill for an act relating to expenditure by school districts of Iowa early intervention block grant program moneys for teacher compensation reform and student achievement activities. Read first time under Rule 28 and referred to committee on Education. Senate File 357, by Hammond, a bill for an act providing for the utilization of cash reserves by a school district for increased utility costs, and providing effective dates. Read first time under Rule 28 and referred to committee on Education. Senate File 358, by Shearer, a bill for an act providing for the issuance of no-contact orders against persons who are arrested for the crime of sexual abuse. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 359, by Harper, a bill for an act relating to the issuance and renewal of resident hunting, fishing, and fur harvester licenses. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 360, by Hansen, a bill for an act relating to standby adoptions. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 361, by Hansen, a bill for an act relating to the deadline for filing a protest to a property tax assessment and providing an applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 5 STATE GOVERNMENT: King, Chair; Kibbie and Sexton Senate File 184 WAYS AND MEANS: Drake, Chair; Bolkcom and Miller Senate File 282 JUDICIARY: Lamberti, Chair; Horn and Miller Senate File 305 NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Bolkcom and Lundby Senate File 307 STATE GOVERNMENT: McLaren, Chair; Fink and King Senate File 308 STATE GOVERNMENT: Lamberti, Chair; Connolly and McLaren Senate File 316 STATE GOVERNMENT: Rittmer, Chair; Bolkcom and Sexton Senate File 320 WAYS AND MEANS: Greiner, Chair; Flynn and McKinley Senate File 323 STATE GOVERNMENT: Drake, Chair; Deluhery and Rittmer Senate File 330 STATE GOVERNMENT: King, Chair; Bolkcom and Lamberti Senate File 345 WAYS AND MEANS: Greiner, Chair; Deluhery and Miller House File 259 STATE GOVERNMENT: Maddox, Chair; Dearden and McKean COMMITTEE REPORTS HUMAN RESOURCES Final Bill Action: *SENATE FILE 355 (SSB 1148), a bill for an act providing for the transfer of custody and termination of parental rights for a newborn infant whose parent voluntarily surrenders physical custody at certain health facilities and providing for immunity from prosecution for child abandonment crimes for such parent, establishing confidentiality protections and a penalty, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 355, and they were attached to the committee report. JUDICIARY Final Bill Action: *SENATE FILE 354 (SSB 1037), a bill for an act relating to limitations on filing medical assistance claims against a decedent's estate. 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: NOT 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 354, and they were attached to the committee report. RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 14, a concurrent resolution providing for a reduction in the appropriations from the general fund of the state for the legislative branch for the fiscal year beginning July 1, 2000, and ending June 30, 2001. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 2: Gronstal and Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 1:05 p.m., President Kramer presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox, until he returns, on request of Senator Angelo. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 38 present, 12 absent, and a quorum present. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 14. Senate Concurrent Resolution 14 On motion of Senator Iverson, Senate Concurrent Resolution 14, a concurrent resolution providing for a reduction in the appropriations from the general fund of the state for the legislative branch for the fiscal year beginning July 1, 2000, and ending June 30, 2001, with report of committee recommending passage, was taken up for consideration. Senator Gronstal asked and received unanimous consent that action on Senate Concurrent Resolution 14 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 267. Senate File 267 On motion of Senator Lamberti, Senate File 267, a bill for an act relating to state budgetary matters by providing for reductions and supplementation of appropriations made for the fiscal year beginning July 1, 2000, and transferring, crediting, and appropriating certain moneys, and providing an effective date, was taken up for consideration. Senator Lamberti offered amendment S-3129, filed by him from the floor striking everything after the enacting clause of the bill. The Senate stood at ease at 1:32 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 2:06 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Fiegen, until he returns, on request of Senator Gronstal; and Senator Boettger, until she returns, on request of Senator Iverson. BUSINESS PENDING Senate File 267 The Senate resumed consideration of Senate File 267 and amendment S-3129. Senator Harper offered amendment S-3132, filed by her from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3132 to amendment S-3129 be adopted?" (S.F. 267) the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 29: Angelo Bartz Behn 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: Boettger Fiegen Amendment S-3132 lost. Senator Dvorsky offered amendment S-3133, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3133 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky 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: Fiegen Amendment S-3133 lost. Senator Hammond offered amendment S-3134, filed by her from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3134 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky 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: Fiegen Amendment S-3134 lost. Senator Kibbie offered amendment S-3135, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3135 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 21: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Nays, 27: Angelo Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Fiegen McKinley Amendment S-3135 lost. Senator Hammond offered amendment S-3138, filed by Senators Hammond and Dvorsky from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3138 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Miller Shearer Soukup Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Fiegen Jensen Amendment S-3138 lost. Senator Dvorsky offered amendment S-3136, filed by him from the floor to page 2 of amendment S-3129. Senator Dvorsky called for the following division of amendment S-3136: Division S-3136A: Lines 3-10 and 25-36; Division S-3136B: Lines 11-17; and Division S-3136C: Lines 18-24. Senator Dvorsky moved the adoption of division S-3136A to amendment S-3129. A record roll call was requested. On the question "Shall division S-3136A to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 29: Angelo Bartz Behn Boettger 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: Drake Fiegen Division S-3136A lost. Senator Fraise moved the adoption of division S-3136B to amendment S-3129. A record roll call was requested. On the question "Shall division S-3136B to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 28: Angelo Bartz Behn Boettger Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Fiegen Schuerer Division S-3136B lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Rehberg, until she returns, on request of Senator Iverson. BUSINESS PENDING Senate File 267 The Senate resumed consideration of Senate File 267 and division S-3136C to amendment S-3129. Senator Gronstal moved the adoption of division S-3136C. A record roll call was requested. On the question "Shall division S-3136C to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Fiegen Rehberg Division S-3136C lost. President Pro Tempore McKean took the chair at 4:18 p.m. Senator Fink offered amendment S-3139, filed by him from the floor to page 3 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3139 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky 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: Fiegen Amendment S-3139 lost. Senator Shearer offered amendment S-3137, filed by him from the floor to page 7 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3137 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky 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: Fiegen Amendment S-3137 lost. Senator Gronstal offered amendment S-3141, filed by him from the floor to page 2 of amendment S-3129. Senator Gronstal asked and received unanimous consent that action on amendment S-3141 to amendment S-3129 be deferred. Senator Connolly offered amendment S-3142, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3142 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky 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: Fiegen Amendment S-3142 lost. Senator Bolkcom offered amendment S-3145, filed by him from the floor to page 2 of amendment S-3129. Senator Bolkcom called for the following division of amendment S-3145: Division S-3145A: Lines 3-7; Division S-3145B: Lines 8-12; Division S-3145C: Lines 13-17; and Division S-3145D: Lines 18-22. Senator Bolkcom moved the adoption of division S-3145A to amendment S-3129. A record roll call was requested. On the question "Shall division S-3145A to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 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, none. Division S-3145A lost. Senator Deluhery moved the adoption of division S-3145B to amendment S-3129. A record roll call was requested. On the question "Shall division S-3145B to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 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, none. Division S-3145B lost. Senator McCoy moved the adoption of division S-3145C to amendment S-3129. A record roll call was requested. On the question "Shall division S-3145C to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 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, none. Division S-3145C lost. Senator Hammond moved the adoption of division S-3145D to amendment S-3129. A record roll call was requested. On the question "Shall division S-3145D to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Schuerer Shearer Soukup Nays, 29: 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 Sexton Tinsman Veenstra Zieman Absent or not voting, none. Division S-3145D lost. Senator Gronstal offered amendment S-3151, filed by him from the floor to pages 1-8 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3151 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 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, none. Amendment S-3151 lost. Senator Black offered amendment S-3146, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. Amendment S-3146 lost by a voice vote. Senator Flynn offered amendment S-3147, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. Amendment S-3147 lost by a voice vote. Senator Dvorsky offered amendment S-3143, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3143 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 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, none. Amendment S-3143 lost. Senator Black offered amendment S-3144, filed by him from the floor to page 4 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3144 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: Rehberg Amendment S-3144 lost. The Senate resumed consideration of amendment S-3141, previously deferred. Senator Gronstal moved the adoption of amendment S-3141 to amendment S-3129. A record roll call was requested. On the question "Shall amendment S-3141 to amendment S-3129 be adopted?" (S.F. 267), 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. Amendment S-3141 was adopted. Senator Flynn offered amendment S-3150, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. Amendment S-3150 lost by a voice vote. Senator Holveck offered amendment S-3149, filed by him from the floor to page 2 of amendment S-3129, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3149 to amendment S-3129 be adopted?" (S.F. 267), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 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, none. Amendment S-3149 lost. Senator Flynn offered amendment S-3152, filed by him from the floor to page 3 of amendment S-3129, and moved its adoption. Amendment S-3152 lost by a voice vote. Senator Gronstal offered amendment S-3148, filed by him from the floor to page 8 of amendment S-3129, and moved its adoption. Amendment S-3148 lost by a voice vote. Senator Lamberti moved the adoption of amendment S-3129, as amended. A record roll call was requested. On the question "Shall amendment S-3129 be adopted?" (S.F. 267), 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, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, none. Amendment S-3129 was adopted. With the adoption of amendment S-3129, the Chair ruled the following amendments out of order: S-3126, filed by Senator Hansen on March 1, 2001, to pages 2-4 of the bill; S-3124, filed by Senator Hansen on February 28, 2001, to page 4 of the bill; S-3123, filed by Senator Hansen on February 28, 2001, to pages 4-6 of the bill; S-3125, filed by Senator Hansen on March 1, 2001, to page 7 of the bill; S-3104, filed by Senator Connolly on February 27, 2001, to page 15 of the bill; S-3101, filed by Senator Connolly on February 27, 2001, to page 15 of the bill; S-3109, filed by Senator Fink on February 27, 2001, to page 15 of the bill; S-3098, filed by Senator Connolly on February 27, 2001, to pages 15-17 of the bill; S-3099, filed by Senator Deluhery on February 27, 2001, to pages 15 and 16 of the bill; S-3103, filed by Senators Kibbie and Hansen on February 27, 2001, to pages 15, 17, and 18 of the bill; S-3102, filed by Senator Dvorsky on February 27, 2001, to page 18 of the bill; S-3100, filed by Senator Connolly on February 27, 2001, to page 18 of the bill; S-3107, filed by Senators Dvorsky and Bolkcom on February 27, 2001, to pages 18 and 19 of the bill; S-3106, filed by Senator Hammond on February 27, 2001, to page 19 of the bill; S-3105, filed by Senator Harper on February 27, 2001, to pages 19 and 20 of the bill; S-3108, filed by Senators Hansen and Deluhery on February 27, 2001, to page 20 of the bill; S-3094, filed by Senator Flynn on February 27, 2001, to page 27 of the bill; S-3095, filed by Senator Holveck on February 27, 2001, to page 28 of the bill; S-3087, filed by Senator Hammond on February 27, 2001, to page 28 of the bill; S-3096, filed by Senator Gronstal on February 27, 2001, to pages 28 and 29 of the bill; S-3085, filed by Senators Fraise and Shearer on February 27, 2001, to pages 29 and 30 of the bill; S-3076, filed by Senator Dvorsky on February 27, 2001, to page 30 of the bill; S-3077, filed by Senator Dvorsky on February 27, 2001, to page 30 of the bill; S-3075, filed by Senator Fiegen on February 27, 2001, to pages 30 and 31 of the bill; S-3078, filed by Senator Soukup on February 27, 2001 to page 30 of the bill; S-3082, filed by Senator Dvorsky on February 27, 2001, to pages 30 and 31 of the bill; S-3083, filed by Senator Shearer on February 27, 2001, to pages 30-32 of the bill; S-3086, filed by Senator Hansen on February 27, 2001, to pages 30 and 31 of the bill; S-3088, filed by Senators Hammond and Soukup on February 27, 2001, to page 30 of the bill; S-3091, filed by Senator Holveck on February 27, 2001, to pages 30 and 31 of the bill; S-3097, filed by Senator Gronstal on February 27, 2001, to pages 30 and 31 of the bill; S-3081, filed by Senator Hammond on February 27, 2001, to page 32 of the bill; S-3084, filed by Senator Shearer on February 27, 2001, to page 33 of the bill; S-3090, filed by Senator Holveck on February 27, 2001, to page 33 of the bill; S-3110, filed by Senator Dvorsky on February 27, 2001, to page 33 of the bill; S-3089, filed by Senator Harper on February 27, 2001, to pages 33 and 34 of the bill; S-3093, filed by Senator Hansen on February 27, 2001, to page 34 of the bill; S-3074, filed by Senator Fiegen on February 27, 2001, to pages 34-36, of the bill; S-3092, filed by Senator Harper on February 27, 2001, to pages 34 and 35 of the bill; S-3079, filed by Senator Flynn on February 27, 2001, to pages 34 and 35 of the bill; S-3080, filed by Senator Flynn on February 27, 2001, to pages 34 and 35 of the bill; and S-3111, filed by Senator Dvorsky on February 27, 2001, to page 36 of the bill. 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. 267), 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, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, none. 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 March 6, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 77, a bill for an act relating to presidential electors' compensation. Read first time and referred to committee on State Government. House File 154, a bill for an act concerning paid time off for certain peace officer members of the department of public safety injured in the course of duty. Read first time and attached to companion Senate File 252. House File 272, a bill for an act relating to felonious misconduct by a public officer or employee and providing a penalty. Read first time and referred to committee on Judiciary. House File 310, a bill for an act relating to child support enforcement, including disclosure of certain juvenile court records to the child support recovery unit, waiting periods for administrative review and adjustment of orders, and federal tax and nontax setoff payments for accrued support, and providing effective dates. Read first time and referred to committee on Human Resources. House File 327, 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 and attached to similar Senate File 351. House File 383, a bill for an act relating to the designation of model communities in projects, pilot projects, or similar initiatives undertaken by the governor or the executive branch. Read first time and referred to committee on Small Business, Economic Development, and Tourism. House File 403, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and providing effective and applicability dates. Read first time and referred to committee on State Government. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 267 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:45 p.m. until 9:00 a.m. Wednesday, March 7, 2001. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Emily A. Nagle, Jefferson Junior High School, Dubuque - For being a second-place winner of the best essay on women in science and engineering for 6th and 7th grades in the "Write Women Back Into History" contest. Senator Connolly (03/06/01). Christopher M. Yeager, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (03/06/01). REPORTS OF COMMITTEE MEETINGS EDUCATION Convened: March 6, 2001, 12:07 p.m. Members Present: Boettger, Chair; Rehberg, Vice Chair; Angelo, Dvorsky, Fink, Harper, Kramer, McKinley, Redwine, Shearer, Tinsman, and Veenstra. Members Absent: Connolly, Ranking Member; Redfern and Soukup (all excused). Committee Business: Passed SF 300. Adjourned: 12:56 p.m. LOCAL GOVERNMENT Convened: March 6, 2001, 10:48 a.m. Members Present: Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member; Bartz, Black, Fraise, Gaskill, Johnson, McKibben, Schuerer, and Zieman. Members Absent: Horn and McCoy (both excused). Committee Business: Approved SSB 1091 and passed SF 81. Approved Governor's appointees. Adjourned: 11:10 a.m. STATE GOVERNMENT Convened: March 6, 2001, 10:51 a.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, none. Absent or not voting, none. Members Absent: Connolly (excused). Committee Business: Passed SCR 7. Approved SSBs 1093 (as amended), 1127 (as amended), and 1155 (as amended). Adjourned: 11:59 a.m. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 15, by Johnson, Redwine, Jensen, Maddox, Bolkcom, Horn, and Harper, a concurrent resolution declaring the month of May 2001 as Obesity Awareness Month. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 362, by committee on Natural Resources and Environment, a bill for an act relating to a scheduled fine for failure to complete a deer or wild turkey harvest report. Read first time under Rule 28 and placed on calendar. Senate File 363, by Holveck, Maddox, Harper, Lundby, Horn, Deluhery, Shearer, Fiegen, Dearden, Bolkcom, Fink, Hammond, and Dvorsky, a bill for an act relating to the designation of a "Juneteenth National Freedom Day". Read first time under Rule 28 and referred to committee on State Government. Senate File 364, by Johnson, a bill for an act relating to the discovery of certain trust information by a party which is relevant to the subject matter of a pending civil action. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 365, by Hansen, a bill for an act providing an elderly dependent care tax credit under the individual income tax for an individual who provides household services and care for certain dependents and including a retroactive applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 366, by Hansen, a bill for an act providing a flat annual motor vehicle registration fee for certain fuel-efficient motor vehicles. Read first time under Rule 28 and referred to committee on Transportation. Senate File 367, by Fink, a bill for an act relating to the compulsory attendance age of a child who has reached the age of sixteen. Read first time under Rule 28 and referred to committee on Education. Senate File 368, by Tinsman, a bill for an act establishing a pilot project in cooperation with counties for mandatory registration of family child care homes. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 369, by Fink, a bill for an act relating to the compulsory attendance age and attendance at school during the regular school calendar by a child who has reached the age of sixteen. Read first time under Rule 28 and referred to committee on Education. Senate File 370, by Rittmer and Bolkcom, a bill for an act relating to the establishment of a system of oversight for adult day services. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 371, by Connolly, a bill for an act establishing an energy conservation program for school districts. Read first time under Rule 28 and referred to committee on Education. Senate File 372, by committee on Local Government, a bill for an act relating to the powers and duties of the county recorder relating to the recording and keeping of documents. Read first time under Rule 28 and placed on calendar. Senate File 373, by Holveck, a bill for an act relating to required notices of health insurance premium increases. Read first time under Rule 28 and referred to committee on Commerce. STUDY BILLS RECEIVED SSB 1190 Education Relating to the establishment of a student achievement and teacher quality program. SSB 1191 State Government Creating a carbon monoxide alarm installation and inspection program, providing a penalty, and making an appropriation. SSB 1192 State Government Relating to the method of identifying precincts to be recounted for purposes of election recounts. SSB 1193 State Government Providing authority to participating agencies to establish pilot projects for the refund of fees associated with certain licenses and certifications. SSB 1194 State Government Relating to the filing of statements and organization of the contest court in election contests involving presidential electors and congresspersons. SSB 1195 State Government Relating to voter registration forms, voter identification numbers, and voter registration lists. SSB 1196 State Government Requiring certain voters to vote in person after registering to vote by mail. SSB 1197 Education Relating to and making an appropriation for the school ready children grants account in the Iowa community empowerment fund. SSB 1198 Commerce Relating to standards of and participation in the title guaranty program. SSB 1199 Business and Labor Relations Relating to public safety and child labor law administered by the labor commissioner, including amusement device, ride, and equipment regulation, and elevator facility regulation, and providing civil penalties for violations of related provisions. SSB 1200 Commerce Relating to cemetery and funeral merchandise and funeral services, establishing permit and purchase agreement requirements, establishing and appropriating fees, and providing administration, enforcement and liquidation procedures, and penalties. SSB 1201 Business and Labor Relations Relating to income, franchise, and gross premiums tax credits for businesses that provide child care employee benefits to their employees and including an applicability date provision. SSB 1202 Agriculture Relating to procedures for corporations associated with agriculture, and providing an effective date. SSB 1203 Agriculture Providing for a grain infrastructure assessment study, and making an appropriation. SSB 1204 Judiciary Relating to a criminal sentence subject to the maximum accumulation of earned time credits of fifteen percent of the total sentence of confinement. SSB 1205 Human Resources Relating to cigarettes and tobacco products, including permits for retailers of cigarettes, appropriating fees, providing penalties, and providing effective dates. SUBCOMMITTEE ASSIGNMENTS Senate File 312 LOCAL GOVERNMENT: Schuerer, Chair; Gaskill and McCoy Senate File 313 LOCAL GOVERNMENT: McKibben, Chair; Angelo and Fraise Senate File 333 BUSINESS AND LABOR RELATIONS: Behn, Chair; Fraise, Freeman, Horn, and Schuerer Senate File 353 HUMAN RESOURCES: Schuerer, Chair; Dvorsky and Veenstra Senate File 360 HUMAN RESOURCES: Behn, Chair; Holveck and Schuerer Senate File 361 WAYS AND MEANS: Maddox, Chair; Holveck and Lamberti Senate File 363 STATE GOVERNMENT: King, Chair; Bolkcom and Lamberti House File 326 JUDICIARY: Redfern, Chair; Holveck and Miller SSB 1190 EDUCATION: Kramer, Chair; Boettger, Connolly, McKinley, and Soukup SSB 1191 STATE GOVERNMENT: King, Chair; Kibbie and Lamberti SSB 1192 STATE GOVERNMENT: McKean, Chair; Drake and Fink SSB 1193 STATE GOVERNMENT: Maddox, Chair; Connolly and McLaren SSB 1194 STATE GOVERNMENT: McKean, Chair; Fink and King SSB 1195 STATE GOVERNMENT: King, Chair; Deluhery and McLaren SSB 1196 STATE GOVERNMENT: Drake, Chair; Dearden and King SSB 1197 EDUCATION: Boettger, Chair; Connolly and Rehberg SSB 1198 COMMERCE: Jensen, Chair; Deluhery and Schuerer SSB 1199 BUSINESS AND LABOR RELATIONS: Greiner, Chair; Dearden and King SSB 1200 COMMERCE: Maddox, Chair; Deluhery and Freeman SSB 1201 BUSINESS AND LABOR RELATIONS: McKibben, Chair; Behn and Hammond SSB 1202 AGRICULTURE: Kibbie, Chair; Fraise and McLaren SSB 1203 AGRICULTURE: Behn, Chair; Gaskill and Kibbie SSB 1204 JUDICIARY: McKean, Chair; Hammond and Maddox SSB 1205 HUMAN RESOURCES: Hammond, Chair; Schuerer and Tinsman GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the En Bloc Calendar with recommendation for confirmation: NATURAL RESOURCES AND ENVIRONMENT Richard Francisco - Natural Resource Commission C0MPANION BILL RECEIVED On March 6, 2001, House File 154 was received and attached to companion Senate File 252 on the Senate calendar. SIMILAR BILL RECEIVED On March 6, 2001, House File 327 was received and attached to similar Senate File 351 on the Senate calendar. COMMITTEE REPORTS LOCAL GOVERNMENT Final Bill Action: SENATE FILE 81, a bill for an act relating to limitations on the disbursement of economic development financial assistance moneys by state agencies. Recommendation: DO PASS. Final Vote: Ayes, 11: Miller, Angelo, Hansen, Bartz, Black, Fraise, Gaskill, Johnson, McKibben, Schuerer, and Zieman. Nays, none. Absent or not voting, 2: Horn and McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 372 (SSB 1091), a bill for an act relating to the powers and duties of the county recorder relating to the recording and keeping of documents. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Miller, Angelo, Hansen, Bartz, Fraise, Gaskill, Johnson, McKibben, Schuerer, and Zieman. Nays, none. Absent or not voting, 3: Black, Horn, and McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 362 (formerly SF 233), a bill for an act relating to a scheduled fine for failure to complete a deer or wild turkey harvest report. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Sexton, Bartz, Fink, Black, Bolkcom, Dearden, Deluhery, Freeman, Johnson, Kibbie, Lundby, Miller, and Rittmer. Nays, none. Absent or not voting, 2: Drake and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 7, a concurrent resolution requesting that the United States Congress adopt daylight saving time as the national standard of keeping time throughout the year. Recommendation: DO PASS. Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, none. Absent or not voting, 1: Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3129 S.F. 267 Jeff Lamberti S-3130 S.F. 165 Steven D. Hansen S-3131 S.F. 165 Steven D. Hansen S-3132 S.F. 267 Patricia Harper S-3133 S.F. 267 Robert E. Dvorsky S-3134 S.F. 267 Johnie Hammond S-3135 S.F. 267 John P. Kibbie S-3136 S.F. 267 Robert E. Dvorsky S-3137 S.F. 267 Mark Shearer S-3138 S.F. 267 Johnie Hammond Robert E. Dvorsky S-3139 S.F. 267 Bill Fink S-3140 S.C.R. 14 Michael E. Gronstal S-3141 S.F. 267 Michael E. Gronstal S-3142 S.F. 267 Mike Connolly S-3143 S.F. 267 Robert E. Dvorsky S-3144 S.F. 267 Dennis H. Black S-3145 S.F. 267 Joe Bolkcom S-3146 S.F 267 Dennis H. Black S-3147 S.F. 267 Tom Flynn S-3148 S.F. 267 Michael E. Gronstal S-3149 S.F. 267 Jack Holveck S-3150 S.F. 267 Tom Flynn S-3151 S.F. 267 Michael E. Gronstal S-3152 S.F. 267 Tom Flynn S-3153 S.F. 184 Richard F. Drake 512 JOURNAL OF THE SENATE 58th Day 58th Day TUESDAY, MARCH 6, 2001 513
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