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FIFTY-NINTH CALENDAR DAY THIRTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, March 7, 2001 The Senate met in regular session at 9:09 a.m., President Kramer presiding. Prayer was offered by Bishop Dinardo, Diocese of Sioux City, Iowa, guest of Senator Redwine. The Journal of Tuesday, March 6, 2001, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lundby, until she arrives, on request of Senator Iverson. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 12. Senate Resolution 12 On motion of Senator Maddox, Senate Resolution 12, a Senate resolution honoring Theresa J. Uchytil, with report of committee recommending passage, was taken up for consideration. Senator Maddox moved the adoption of Senate Resolution 12, which motion prevailed by a voice vote. SPECIAL GUEST Senator Maddox welcomed Miss Theresa Uchytil, Miss Iowa 2000. Miss Uchytil is an accomplished baton twirler and a national spokesperson for the Shriners Hospitals for Children. She is educating the public with her pageant platform "Facing the Challenge." LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Angelo and McKibben, until they arrive, on request of Senator Iverson; and Senator McCoy, until he arrives, on request of Senator Gronstal. UNFINISHED BUSINESS (Deferred March 6, 2001) Senate Concurrent Resolution 14 The Senate resumed consideration of 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, deferred March 6, 2001. Senator Gronstal offered amendment S-3140, filed by him on March 6, 2001, to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3140 be adopted?" (S.C.R. 14), the vote was: Ayes, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Kibbie Shearer Soukup Nays, 28: Bartz Behn Boettger Drake Freeman Gaskill Greiner Horn Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 4: Angelo Lundby McCoy McKibben Amendment S-3140 lost. Senator Iverson moved the adoption of Senate Concurrent Resolution 14, which motion prevailed by a voice vote. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Files 341 and 343 be referred from the Regular Calendar to the committee on Ways and Means. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 14 be immediately messaged to the House. 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 6, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 341, a bill for an act relating to informed consent to an abortion and providing a criminal penalty, and providing an effective date. Read first time and referred to committee on Human Resources. RECESS On motion of Senator Iverson, the Senate recessed at 9:35 a.m. until 3:15 p.m. 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 7, 2001 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP FY 2001 Semi-Annual Report of the Office of Renewable Fuels and Co-Products. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: May Handy, Shenandoah - For celebrating your 102nd birthday on March 17, 2001. Senator Angelo (03/07/01). REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: March 7, 2001, 1:10 p.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Hansen, Jensen, King, Lundby, Redfern, and Redwine. Members Absent: Freeman, Maddox, and McCoy (all excused). Committee Business: Approved SSB 1145. Adjourned: 1:15 p.m. EDUCATION Convened: March 7, 2001, 9:45 a.m. Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Dvorsky, Fink, Harper, Kramer, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Members Absent: Angelo (excused). Committee Business: Passed SSB 1197. Adjourned: 9:47 a.m. HUMAN RESOURCES Convened: March 7, 2001, 10:40 a.m. Members Present: Redwine, Chair; Tinsman, Vice Chair; Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Members Absent: Hammond, Ranking Member (excused). Committee Business: Passed SF 36 (as amended) and approved SSBs 1017 (as amended) and 1187. Adjourned: 11:52 a.m. INTRODUCTION OF BILLS Senate File 374, by committee on State Government, a bill for an act relating to the qualifications and authorization of therapeutically certified optometrists engaged in the practice of optometry. Read first time under Rule 28 and placed on calendar. Senate File 375, by committee on State Government, a bill for an act relating to campaign finance law and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 376, by committee on Education, a bill for an act relating to a bona fide retirement for teachers and nurses under the Iowa public employees' retirement system. Read first time under Rule 28 and placed on calendar. Senate File 377, by Johnson, a bill for an act relating to the statute of limitations and burden of proof in petitions to correct, vacate, or modify a final judgment or order, or grant a new trial, based upon irregularity or fraud. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 378, by Soukup, a bill for an act relating to the authorization of a school district board of directors to impose the instructional support levy. Read first time under Rule 28 and referred to committee on Education. SUBCOMMITTEE ASSIGNMENTS Senate File 331 TRANSPORTATION: Rittmer, Chair; Kibbie and McLaren Senate File 338 AGRICULTURE: Gaskill, Chair; Shearer and Zieman Senate File 340 APPROPRIATIONS: Gaskill, Chair; Angelo and Soukup Senate File 341 WAYS AND MEANS: Drake, Chair; Connolly and Rehberg Senate File 343 WAYS AND MEANS: Drake, Chair; Bolkcom and Miller Senate File 352 TRANSPORTATION: Rittmer, Chair; Dearden and Freeman Senate File 356 EDUCATION: Boettger, Chair; Connolly and Rehberg Senate File 357 EDUCATION: Boettger, Chair; Connolly and Rehberg Senate File 364 JUDICIARY: Redfern, Chair; Fraise and Miller Senate File 365 WAYS AND MEANS: Rehberg, Chair; Holveck and Lamberti Senate File 367 EDUCATION: Fink, Chair; Tinsman and Veenstra Senate File 369 EDUCATION: Fink, Chair; Tinsman and Veenstra Senate File 373 COMMERCE: Johnson, Chair; Flynn and Jensen Senate File 378 EDUCATION: Redfern, Chair; Boettger and Soukup House File 383 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Lamberti, Chair; Behn and Dvorsky NOTICE OF HEARING Jeffrey R. Vonk, appointed by the Governor as the Director of the Department of Natural Resources, will appear before the investigating subcommittee of the Senate Natural Resources and Environment Committee on March 20, 2001, at 1:00 p.m., Room 22, State Capitol Building. MIKE SEXTON, Subcommittee Chair GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation: LOCAL GOVERNMENT Kevin Wynn - County Finance Committee Mark Monson - Iowa Lewis and Clark Bicentennial Commission Kari Sliva - Iowa Lewis and Clark Bicentennial Commission COMMITTEE REPORTS EDUCATION Final Bill Action: *SENATE FILE 376 (formerly SF 300), a bill for an act relating to a bona fide retirement for teachers and nurses under the Iowa public employees' retirement system. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Boettger, Rehberg, Angelo, Dvorsky, Fink, Harper, Kramer, McKinley, Redwine, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 3: Connolly, Redfern, and Soukup. 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 376, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: *SENATE FILE 374 (SSB 1155), a bill for an act relating to the qualifications and authorization of therapeutically certified optometrists engaged in the practice of optometry. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: King, Lamberti, Kibbie, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, 2: Bolkcom and Dearden. Absent or not voting, 1: Connolly. 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 374, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 375 (SSB 1093), a bill for an act relating to campaign finance law and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: King, Lamberti, Dearden, Drake, Fink, Jensen, Maddox, McKean, McLaren, and Rittmer. Nays, 4: Kibbie, Bolkcom, Deluhery, and Sexton. Absent or not voting, 1: Connolly. 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 375, and they were attached to the committee report. AFTERNOON SESSION The Senate reconvened at 3:40 p.m., President Kramer presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen, until he returns, on request of Senator McKean. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 45 present, 5 absent, and a quorum present. UNFINISHED BUSINESS (Deferred February 27, 2001) Senate File 165 The Senate resumed consideration of Senate File 165, a bill for an act enacting the Iowa English language reaffirmation Act of 2001, deferred February 27, 2001. The Senate stood at ease at 4:01 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 5:09 p.m., President Kramer presiding. Senator Bolkcom offered amendment S-3154, filed by him from the floor to pages 1-3 of the bill, and moved its adoption. Amendment S-3154 lost by a voice vote. Senator Connolly offered amendment S-3157, filed by him from the floor to pages 1-3 and to the title page of the bill. Senator Connolly moved the adoption of amendment S-3157. Amendment S-3157 lost by a voice vote. Senator King offered amendment S-3073, filed by the committee on State Government on February 22, 2001, to page 2 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3073 and Senate File 165 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 196. Senate File 196 On motion of Senator Drake, Senate File 196, a bill for an act relating to conflicts of interest of public officers and employees, including lobbyist and clients reports, and review of documents related to campaign finance disclosure reports, was taken up for consideration. Senator Drake offered amendment S-3128, filed by Senators Drake and Deluhery on March 5, 2001, to pages 1 and 2 of the bill and moved its adoption. Amendment S-3128 was adopted by a voice vote. 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. 196), 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. 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 7, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 271, a bill for an act adding specified document preparation and modification to the list of acts defining the activities of a real estate broker. Read first time and referred to committee on Commerce. House File 370, a bill for an act creating new criminal offenses related to the drug 3,4-methylenedioxymethamphetamine. Read first time and referred to committee on Judiciary. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 376 be referred from the Regular Calendar to the committee on State Government. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 103. Senate File 103 On motion of Senator Jensen, Senate File 103, 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, was taken up for consideration. Senator Jensen offered amendment S-3072, filed by him on February 20, 2001, to page 2 of the bill and moved its adoption. Amendment S-3072 was adopted by a voice vote. Senator Jensen asked and received unanimous consent that House File 286 be substituted for Senate File 103. House File 286 On motion of Senator Jensen, 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, was taken up for consideration. Senator Jensen 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. 286), 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. WITHDRAWN Senator Jensen asked and received unanimous consent that Senate File 103 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 196 and House File 286 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 325. Senate File 325 On motion of Senator Freeman, Senate File 325, a bill for an act relating to regulation of multiple employer welfare arrangements by the commissioner of insurance, repealing the future repeal date for such regulation, and providing an effective date, was taken up for consideration. Senator Freeman asked and received unanimous consent that House File 325 be substituted for Senate File 325. House File 325 On motion of Senator Freeman, House File 325, a bill for an act relating to regulation of multiple employer welfare arrangements by the commissioner of insurance, repealing the future repeal date for such regulation, and providing an effective date, was taken up for consideration. Senator Freeman 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. 325), 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. WITHDRAWN Senator Freeman asked and received unanimous consent that Senate File 325 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 257. Senate File 257 On motion of Senator Behn, Senate File 257, a bill for an act amending the strategic planning duties of the Iowa economic development board, was taken up for consideration. Senator Behn asked and received unanimous consent that House File 230 be substituted for Senate File 257. House File 230 On motion of Senator Behn, House File 230, a bill for an act amending the strategic planning duties of the Iowa economic development board, was taken up for consideration. Senator Behn 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. 230), 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. WITHDRAWN Senator Behn asked and received unanimous consent that Senate File 257 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Files 230 and 325 be immediately messaged to the House. BUSINESS PENDING Senate File 165 The Senate resumed consideration Senate File 165, a bill for an act enacting the Iowa English language reaffirmation Act of 2001, and amendment S-3073, previously deferred. Senator King moved the adoption of amendment S-3073, which motion prevailed by a voice vote. Senator Gronstal offered amendment S-3171, filed by Senator Gronstal, et al., from the floor to pages 1, 3, and to the title page of the bill. Senator King raised the point of order that amendment S-3171 was not germane to the bill. The Chair ruled the point well-taken and the amendment S-3171 out of order. President Pro Tempore McKean took the chair at 6:35 p.m. Senator Hansen offered amendment S-3121, filed by him on February 27, 2001, to pages 1-3 and to the title page of the bill, and moved its adoption. Amendment S-3121 lost by a voice vote. Senator Hansen offered amendment S-3122, filed by him on February 27, 2001, to pages 1-3 and to the title page of the bill. Senator Hansen asked and received unanimous consent to withdraw amendment S-3122. Senator Hansen offered amendment S-3159, filed by him from the floor to pages 1 and 3 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3159 be adopted?" (S.F. 165), the vote was: Ayes, 18: Black Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 32: Angelo Bartz Behn Boettger Bolkcom Drake Dvorsky 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-3159 lost. Senator Hansen offered amendment S-3164, filed by him from the floor to pages 1 and 3 of the bill, and moved its adoption. Amendment S-3164 lost by a voice vote. Senator Hansen offered amendment S-3163, filed by him from the floor to page 1 of the bill. Senator Veenstra took the chair at 7:33 p.m. Senator Connolly called for the following division of amendment S-3163: Division S-3163A: Lines 2 and 3; and Division S-3163B: Lines 4-6. Senator Hansen asked and received unanimous consent to withdraw division S-3163A. Senator Hansen moved the adoption of division S-3163B. Division S-3163B lost by a voice vote. Senator Hansen offered amendment S-3162, filed by him from the floor to page 1 of the bill. Senator Hansen asked and received unanimous consent to withdraw amendment S-3162. Senator Hansen offered amendment S-3160, filed by him from the floor to page 1 of the bill. Senator King raised the point of order that amendment S-3160 was not germane to the bill. The Chair ruled the point not well-taken and the amendment S-3160 in order. Senator Hansen asked and received unanimous consent to withdraw amendment S-3160. Senator Hammond offered amendment S-3165, filed by her from the floor to page 1 of the bill. Senator Hammond asked and received unanimous consent to withdraw amendment S-3165. Senator Hansen offered amendment S-3161, filed by him from the floor to page 2 of the bill. Senator Hansen asked and received unanimous consent to withdraw amendment S-3161. President Kramer took the chair at 8:10 p.m. Senator Hansen offered amendment S-3131, filed by him on March 6, 2001, to page 2 of the bill. Senator Hansen asked and received unanimous consent to withdraw amendment S-3131. Senator Gronstal offered amendment S-3156, filed by him from the floor to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3156 be adopted?" (S.F. 165), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 24: Black Boettger Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby Maddox McCoy Shearer Soukup Tinsman Nays, 26: Angelo Bartz Behn Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Absent or not voting, none. Amendment S-3156 lost. Senator Shearer offered amendment S-3169, filed by him from the floor to page 2 of the bill, and moved its adoption. Amendment S-3169 lost by a voice vote. Senator Hammond offered amendment S-3166, filed by her from the floor to page 2 of the bill, and moved its adoption. Amendment S-3166 lost by a voice vote. Senator Hansen offered amendment S-3130, filed by him on March 6, 2001, to page 3 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3130 be adopted?" (S.F. 165), the vote was: Ayes, 17: Black Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Shearer Soukup Nays, 33: Angelo Bartz Behn Boettger Bolkcom Drake Dvorsky Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3130 lost. Senator Hansen offered amendment S-3158, filed by him from the floor to page 3 of the bill. Senator Hansen asked and received unanimous consent to withdraw amendment S-3158. Senator Fiegen offered amendment S-3167, filed by him from the floor to page 3 and to the title page of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3167 be adopted?" (S.F. 165), 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-3167 lost. Senator Gronstal offered amendment S-3168, filed by him from the floor to page 3 of the bill, and moved its adoption. Amendment S-3168 lost by a voice vote. Senator Connolly offered amendment S-3172, filed by him from the floor to page 1 of the bill. Senator Connolly called for the following division of amendment S-3172: Division S-3172A: Lines 2-4; and Division S-3172B: Lines 5 and 6. Senator Connolly asked and received unanimous consent to withdraw division S-3172B. Senator Connolly moved the adoption of division S-3172A. A record roll call was requested. On the question "Shall division S-3172A be adopted?" (S.F. 165), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Tinsman Nays, 28: Angelo Bartz Behn Boettger Drake Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Absent or not voting, none. Division S-3172A lost. Senator Dvorsky offered amendment S-3170, filed by him from the floor to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3170 be adopted?" (S.F. 165), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Maddox McCoy Shearer Soukup Nays, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3170 lost. Senator Behn took the chair at 10:33 p.m. President Kramer took the chair at 10:45 p.m. Senator King 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. 165), the vote was: Ayes, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Nays, 23: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Maddox McCoy Redfern Shearer Soukup Tinsman 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 165 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 11:59 p.m. until 9:00 a.m. Thursday, March 8, 2001. APPENDIX COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: March 7, 2001 OFFICE OF THE GOVERNOR Task Force Report on the Future Structure and Governance of the Iowa Public Employees Retirement System - January 22, 2001. DEPARTMENT OF TRANSPORTATION Report of the Iowa Department of Transportation's review of the federal outdoor advertising bonus program restrictions - March 6, 2001. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Marshalltown Community Y Outreach Program, Marshalltown - For receiving the President's Daily Points of Light Award. Senator McKibben (03/07/01). 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: JUDICIARY Douglas Book - Iowa Drug Policy Advisory Council REPORTS OF COMMITTEE MEETINGS JUDICIARY Convened: March 7, 2001, 2:05 p.m. Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member; Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Members Absent: None. Committee Business: Approved SSBs 1112 and 1166. Passed SF 253 and HF 194. Approved Governor's appointee. Adjourned: 3:05 p.m. WAYS AND MEANS Convened: March 7, 2001, 3:10 p.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Members Absent: None. Committee Business: Passed HJR 5. Adjourned: 3:36 p.m. INTRODUCTION OF RESOLUTION Senate Joint Resolution 7, by Iverson and Gronstal, a joint resolution authorizing the temporary use and consumption of wine in the State Capitol in conjunction with the awards ceremony of the World Food Prize Foundation. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 379, by committee on Education, a bill for an act relating to and making an appropriation for the school ready children grants account in the Iowa community empowerment fund. Read first time under Rule 28 and placed on calendar. Senate File 380, by Redfern, a bill for an act providing for a decreasing enrollment rolling average budget adjustment. Read first time under Rule 28 and referred to committee on Education. Senate File 381, by Fiegen, a bill for an act to provide for the issuance of deer depredation permits to landowners and providing a penalty. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 382, by Fiegen, a bill for an act to increase the limits on the value of certain exempt property. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 383, by Fiegen, a bill for an act relating to forcible entry and detainer actions and improvements made by a mobile home tenant to a mobile home space. Read first time under Rule 28 and referred to committee on Commerce. Senate File 384, by committee on Commerce, a bill for an act relating to pay plans for certain employees of the credit union division of the department of commerce. Read first time under Rule 28 and placed on calendar. Senate File 385, by Angelo, a bill for an act relating to compensation of peace officers employed by the department of public safety. Read first time under Rule 28 and referred to committee on State Government. Senate File 386, by Connolly, a bill for an act relating to the establishment of a smaller learning communities pilot program for school districts and making an appropriation. Read first time under Rule 28 and referred to committee on Education. Senate File 387, by committee on State Government, a bill for an act relating to the regulation of auctions and the licensing of auctioneers and other auction personnel and providing fees, penalties, and an appropriation. Read first time under Rule 28 and placed on calendar. Senate File 388, by committee on Agriculture, a bill for an act relating to procedures for corporations associated with agriculture, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 389, by Deluhery, Hammond, Bolkcom, Dearden, Dvorsky, Connolly, Horn, Flynn, Harper, Black, Kibbie, Fraise, and Soukup, a bill for an act relating to the licensing and regulation of food establishments and food processing plants, establishing fees, and providing an effective date. Read first time under Rule 28 and referred to committee on Ways and Means. STUDY BILLS RECEIVED SSB 1206 Business and Labor Relations Relating to occupational safety and health standards violations which cause or contribute to the death of an employee and providing penalties. SSB 1207 Business and Labor Relations Relating to the confidentiality of files, exemption from compulsory process, and execution of search warrants by the labor commissioner and division of labor services, and providing penalties. SSB 1208 Local Government Relating to the appointment and dismissal of a police chief or marshal under a mayor-council form of city government. SSB 1209 Local Government Requiring Iowa state university to conduct a land use policies study. SSB 1210 State Government Relating to voting marks on ballots cast in an election or recounted after an election and the manner in which the votes are to be recounted. SSB 1211 Judiciary Relating to the limitation on products liability of wholesalers, retailers, distributors, and sellers of products. SUBCOMMITTEE ASSIGNMENTS Senate File 371 EDUCATION: Rehberg, Chair; Boettger and Connolly SSB 1206 BUSINESS AND LABOR RELATIONS: King, Chair; Dearden and Schuerer SSB 1207 BUSINESS AND LABOR RELATIONS: McKibben, Chair; Behn and Horn SSB 1208 LOCAL GOVERNMENT: Zieman, Chair; Bartz and Fraise SSB 1209 LOCAL GOVERNMENT: Miller, Chair; Angelo and Hansen SSB 1210 STATE GOVERNMENT: Sexton, Chair; Kibbie and McKean SSB 1211 JUDICIARY: Lamberti, Chair; Holveck and McKean COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 388 (SSB 1202), a bill for an act relating to procedures for corporations associated with agriculture, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McLaren, Behn, Angelo, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Fraise and Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: *SENATE FILE 384 (SSB 1145), a bill for an act relating to pay plans for certain employees of the credit union division of the department of commerce. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Jensen, King, Lundby, Redfern, and Redwine. Nays, none. Absent or not voting, 3: Freeman, Maddox, and McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Commerce Committee on Senate File 384, and they were attached to the committee report. EDUCATION Final Bill Action: SENATE FILE 379 (SSB 1197), a bill for an act relating to and making an appropriation for the school ready children grants account in the Iowa community empowerment fund. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Dvorsky, Fink, Harper, Kramer, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Angelo. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: HOUSE FILE 194, a bill for an act relating to nonsubstantive Code corrections and including effective and retroactive applicability provisions. Recommendation: DO PASS. Final Vote: Ayes, 15: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: *SENATE FILE 387 (SSB 1127), a bill for an act relating to the regulation of auctions and the licensing of auctioneers and other auction personnel and providing fees, penalties, and an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: King, Lamberti, Kibbie, Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, McLaren, Rittmer, and Sexton. Nays, none. Absent or not voting, 3: Connolly, Maddox, and McKean. 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 387, and they were attached to the committee report. WAYS AND MEANS Final Bill Action: HOUSE JOINT RESOLUTION 5, a joint resolution to nullify an administrative rule of the department of revenue and finance relating to the collection of a fee to recover direct costs in the administration of a local option sales and services tax and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 196, the following correction was made: Amendment S-3128: 1. Page 1, line 5, the number "31" was changed to the number "32". MICHAEL E. MARSHALL Secretary of the Senate AMENDMENTS FILED S-3154 S.F. 165 Joe Bolkcom S-3155 S.F. 349 Steve King John P. Kibbie Andy McKean S-3156 S.F. 165 Michael E. Gronstal S-3157 S.F. 165 Mike Connolly S-3158 S.F. 165 Steven D. Hansen S-3159 S.F. 165 Steven D. Hansen S-3160 S.F. 165 Steven D. Hansen S-3161 S.F. 165 Steven D. Hansen S-3162 S.F. 165 Steven D. Hansen S-3163 S.F. 165 Steven D. Hansen S-3164 S.F. 165 Steven D. Hansen S-3165 S.F. 165 Johnie Hammond S-3166 S.F. 165 Johnie Hammond S-3167 S.F. 165 Thomas Fiegen S-3168 S.F. 165 Michael E. Gronstal S-3169 S.F. 165 Mark Shearer S-3170 S.F. 165 Robert E. Dvorsky S-3171 S.F. 165 Michael E. Gronstal Betty A. Soukup Tom Flynn Dennis H. Black Mark Shearer Steven D. Hansen Eugene S. Fraise Patrick J. Deluhery Thomas Fiegen S-3172 S.F. 165 Mike Connolly 552 JOURNAL OF THE SENATE 59th Day 59th Day WEDNESDAY, MARCH 7, 2001 553
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