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SIXTY-FIFTH CALENDAR DAY THIRTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 13, 2001 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by Father Kevin Cameron of the Catholic Pastoral Center in Des Moines, Iowa, guest of Senator Dearden. Father Cameron introduced Mr. Jose Wilson, originally from Honduras, who provided inspirational music. He was accompanied by Representative Ed Fallon. HOUSE MESSAGES RECEIVED 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 bill in which the concurrence of the House was asked: 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. ALSO: That the House has on March 12, 2001, passed the following bill in which the concurrence of the House was asked: Senate File 279, a bill for an act relating to allocation and payment of expenses arising from performance of duties by the Iowa utilities board and the consumer advocate, providing for a report by the Iowa utilities board, and providing an effective date. The Journal of Monday, March 12, 2001, was approved. President Pro Tempore McKean took the chair at 9:47 a.m. President Kramer took the chair at 9:54 a.m. ADJOURNMENT On motion of Senator McKean, the Senate adjourned at 10:02 a.m. until 9:00 a.m. Wednesday, March 14, 2001. APPENDIX CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Joseph John Lueck, Dyersville - For achieving the rank of Eagle Scout. Senator Flynn (03/13/01). 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: HUMAN RESOURCES Rebecca Burgart - Iowa Empowerment Board Kermit Dahlen - Commission on Tobacco Use Prevention and Control Paul Pomrehn - Commission on Tobacco Use Prevention and Control Sharon Wellendorf - Commission on Tobacco Use Prevention and Control JUDICIARY Pamela Dettmann - Iowa Drug Policy Advisory Council NATURAL RESOURCES AND ENVIRONMENT Karen Andersen-Schank - Renewable Fuels and Coproducts Advisory Committee SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Nicholas Henderson - Small Business Advisory Council EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 8, 2001, when the votes were taken on Senate Files 81, 169, 198, and House File 154. Had I been present, I would have voted "Aye" on all. I was also necessarily absent from the Senate chamber on March 8, 2001, when the vote was taken on Senate File 278. Had I been present, I would have voted "Nay." TOM FLYNN REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: March 13, 2001, 2:13 p.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Freeman, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. Members Absent: Gronstal (excused). Committee Business: Passed SF 232 (as amended). Adjourned: 2:25 p.m. HUMAN RESOURCES Convened: March 13, 2001, 1:10 p.m. Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking Member; Bartz, Behn, Boettger, Dvorsky, Harper, Miller, Schuerer, Shearer, and Veenstra. Members Absent: Holveck (excused). Committee Business: Approved SSB 1124 (as amended) and SF 353 (as amended). Adjourned: 1:40 p.m. JUDICIARY Convened: March 13, 2001, 3:05 p.m. Members Present: Maddox, Chair; Redfern, Vice Chair; Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Members Absent: Holveck, Ranking Member (excused). Committee Business: Approved SSBs 1219 and 1222. Approved Governor's appointee. Adjourned: 3:55 p.m. LOCAL GOVERNMENT Convened: March 13, 2001, 11:20 a.m. Members Present: Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member; Bartz, Black, Fraise, Johnson, McKibben, Schuerer, and Zieman. Members Absent: Gaskill, Horn, and McCoy (all excused). Committee Business: Approved SSB 1209 (as amended). Adjourned: 11:25 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 13, 2001, 10:28 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: Approved SSB 1084 (as amended). Approved Governor's appointee. Adjourned: 11:08 a.m. RULES AND ADMINISTRATION Convened: March 13, 2001, 8:33 a.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gaskill, Harper, Johnson, McKean, and Rittmer. Members Absent: Gronstal, Ranking Member; Boettger, Dvorsky, and Fink (all excused). Committee Business: Passed SJR 7, SCRs 13, 15, SRs 16, 17, and HCR 8. Adjourned: 8:38 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: March 13, 2001, 10:31 a.m. Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member; Behn, Dvorsky, Fiegen, Flynn, Greiner, Holveck, and Lamberti. Members Absent: Gaskill, McKinley, and Veenstra (all excused). Committee Business: Approved Governor's appointee. Adjourned: 10:34 a.m. STATE GOVERNMENT Convened: March 13, 2001, 11:21 a.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Members Absent: None. Committee Business: Approved SSBs 1065 (as amended) and 1100. Passed SF 105. Adjourned: 12:12 p.m. TRANSPORTATION Convened: March 13, 2001, 1:18 p.m. Members Present: Rittmer, Chair; Drake, Vice Chair; Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, Sexton, and Zieman. Members Absent: McCoy, Ranking Member; and McLaren (both excused). Committee Business: Approved SSBs 1218 and 1180. Adjourned: 1:55 p.m. WAYS AND MEANS Convened: March 13, 2001, 12:17 p.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Redwine, and Rehberg. Members Absent: Connolly, Maddox, and Miller (all excused). Committee Business: Approved SSB 1113 and passed SFs 184, 341, and 343. Approved Governor's appointees. Adjourned: 12:45 p.m. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 16, by committee on Human Resources, a concurrent resolution requesting the Director of Public Health to review the effects of obesity, report on current state and local programs to enhance public awareness of obesity and its treatment, and make recommendations for improvements of the programs. Read first time under Rule 28 and placed on calendar. Senate Concurrent Resolution 17, by Bolkcom, a concurrent resolution providing for the establishment of a committee by the legislative council to conduct a study of predatory or subprime lending practices. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 19, by Schuerer, Veenstra, Miller, Greiner, King, Zieman, Bartz, Rehberg, Drake, Behn, McKinley, Boettger, Angelo, Lamberti, and Kramer, a Senate resolution to prominently display the Ten Commandments in the Iowa Senate chamber. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 20, by Veenstra, a Senate resolution designating May 1, 2001, as statewide Prayer Day. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 426, by Soukup, a bill for an act relating to juror compensation. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 427, by Holveck, Hammond, Bolkcom, and Kibbie, a bill for an act relating to the Iowa clean elections Act and providing an effective date. Read first time under Rule 28 and referred to committee on State Government. Senate File 428, by committee on Human Resources, a bill for an act requiring the department of human services to establish a statewide central intake unit for receiving reports of child abuse. Read first time under Rule 28 and placed on calendar. Senate File 429, by committee on Commerce, a bill for an act relating to price regulation for local exchange carriers, by changing certain definitions related to price regulation, permitting certain rate increases, requiring certain network infrastructure investments, and making related changes. Read first time under Rule 28 and placed on calendar. Senate File 430, by committee on Human Resources, a bill for an act relating to reimbursement of retailers participating in the electronic benefits transfer program through the department of human services. Read first time under Rule 28 and placed on calendar. Senate File 431, by committee on Agriculture, a bill for an act relating to agricultural seeds and making penalties applicable. Read first time under Rule 28 and placed on calendar. Senate File 432, by committee on Transportation, a bill for an act relating to motor vehicle child restraint requirements and providing a penalty. Read first time under Rule 28 and placed on calendar. Senate File 433, by committee on Human Resources, a bill for an act relating to certain programs and public health issues under the purview of the Iowa department of public health, and providing a penalty. Read first time under Rule 28 and placed on calendar. Senate File 434, by committee on Local Government, a bill for an act requiring Iowa state university to conduct a land use policies study. Read first time under Rule 28 and placed on calendar. Senate File 435, by committee on State Government, a bill for an act limiting the amount of contributions a candidate for office may accept from sources outside the candidate's election district, and providing a civil penalty. Read first time under Rule 28 and placed on calendar. Senate File 436, by committee on Agriculture, a bill for an act providing for agricultural liens. Read first time under Rule 28 and placed on calendar. Senate File 437, by committee on Natural Resources and Environment, a bill for an act relating to the registration and titling of all-terrain vehicles and snowmobiles, and subjecting violators to a penalty. Read first time under Rule 28 and placed on calendar. Senate File 438, by Fink, a bill for an act restricting the use of certain telemarketing equipment, and making a penalty applicable. Read first time under Rule 28 and referred to committee on Commerce. Senate File 439, by Lundby and Bolkcom, a bill for an act to allow for increased third-party ballot access. Read first time under Rule 28 and referred to committee on State Government. Senate File 440, by Connolly, a bill for an act relating to telephone solicitations, including establishing certain restrictions on telephone solicitors, providing for registration for persons choosing not to receive certain telephone solicitations, requiring consumer notification of rights, and providing penalties and remedies. Read first time under Rule 28 and referred to committee on Commerce. Senate File 441, by Lundby and Bolkcom, a bill for an act relating to the issuance or renewal of sanitary disposal project permits. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 442, by Tinsman, a bill for an act relating to enforcement actions against assisted living programs. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 443, by Fink, a bill for an act providing an enrollment adjustment for school districts participating in an alternative high school program offered by a community college under specified circumstances, and providing an effective date. Read first time under Rule 28 and referred to committee on Education. Senate File 444, by Hansen, a bill for an act relating to the authorization of an instant lottery game to fund student scholarships and providing an effective date. Read first time under Rule 28 and referred to committee on State Government. Senate File 445, by Gronstal, a bill for an act relating to energy by providing for creation of an energy commission; development of state energy policy, including increased energy efficiency; energy conservation projects for school corporations; construction of generation and transmission facilities, including joint financing and bonding provisions; reliability and adequacy of electric generation and transmission, including standards for disconnection of gas or electric service during winter months, deposits, meter reading and late charges; energy research and alternate energy production and use; and making an appropriation. Read first time under Rule 28 and referred to committee on Commerce. Senate File 446, by committee on Transportation, a bill for an act providing an exception to motor vehicle lighting requirements for drivers of police vehicles. Read first time under Rule 28 and placed on calendar. Senate File 447, by committee on Transportation, a bill for an act relating to the graduated driver's licensing system's requirements for full driver's licenses. Read first time under Rule 28 and placed on calendar. STUDY BILLS RECEIVED SSB 1225 Local Government Relating to annexing moratorium agreements, to voluntary and involuntary annexations, and providing for the Act's applicability. SSB 1226 Agriculture Relating to agricultural production, by prohibiting acts relating to facilities or operations, making penalties applicable, and providing penalties and civil liability. SSB 1227 Agriculture Relating to nuisance suits against animal feeding operations by providing for causes of action relating to nuisance suits. SSB 1228 Agriculture Relating to the regulation of infectious and contagious diseases in animals, and providing for penalties. SSB 1229 Natural Resources and Environment Relating to the construction of facilities or installation of practices related to open feedlot manure control, and providing an effective date. SSB 1230 State Government Requiring that persons standing for office and signing statutory petitions and nominations be registered voters. SSB 1231 State Government Relating to discrimination and preferential treatment in public employment, public education, and public contracting. SSB 1232 State Government To establish an interior design examining board, to provide for the registration of interior designers in order to use the title of registered interior designer, and to provide fees and penalties. SSB 1233 Natural Resources and Environment Relating to wastewater systems, establishing a fund, appropriating moneys from the fund, and providing an effective date. SSB 1234 Natural Resources and Environment Relating to the energy loan fund administered by the department of natural resources. SSB 1235 Judiciary Restricting the hours an adult arcade may be open for business. SSB 1236 Judiciary Limiting the liability of the department of education, school boards, school districts, area education agencies, or employees of the department, districts, or agencies. SSB 1237 Agriculture Providing for the regulation of genetically modified agricultural and vegetable seed and providing penalties and an effective date. SSB 1238 Local Government Relating to comprehensive zoning plans and prohibitions on certain annexation and development actions by counties and cities. SSB 1239 Commerce Relating to fair motor fuel marketing and providing penalties. SSB 1240 Judiciary Relating to agreements to arbitrate. SSB 1241 Commerce Relating to the regulation of securities, by defining the terms "agent" and "security", providing registration requirements, providing for disciplinary actions, imposing fees and civil penalties, providing for testimony and the production of evidence, authorizing cooperation with law enforcement entities, providing criminal penalties, and eliminating reporting requirements. SSB 1242 Business and Labor Relations Relating to the employment security administrative contribution surcharge, and providing an effective date. SSB 1243 Agriculture Relating to conflicts of interests by a corporation's board of directors financing agricultural industry ventures and providing applicability and effective dates. SUBCOMMITTEE ASSIGNMENTS Senate File 359 NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Black and McLaren Senate File 376 STATE GOVERNMENT: Drake, Chair; Kibbie and Rittmer Senate File 377 JUDICIARY: McKean, Chair; Fiegen and Miller Senate File 381 NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Black and McLaren Senate File 385 STATE GOVERNMENT: Drake, Chair; Kibbie and Rittmer Senate File 396 STATE GOVERNMENT: Drake, Chair; Kibbie and Rittmer Senate File 398 JUDICIARY: Maddox, Chair; Angelo and Fraise Senate File 421 COMMERCE: Redwine, Chair; Flynn and King Senate File 423 EDUCATION: Rehberg, Chair; Dvorsky and McKinley Senate File 424 HUMAN RESOURCES: Veenstra, Chair; Bartz and Shearer House File 77 STATE GOVERNMENT: McLaren, Chair; Dearden and King House File 403 STATE GOVERNMENT: McKean, Chair; Connolly and King SSB 1225 LOCAL GOVERNMENT: Johnson, Chair; McCoy and McKibben SSB 1226 AGRICULTURE: Greiner, Chair; Fraise and Sexton SSB 1227 AGRICULTURE: Sexton, Chair; Kibbie and Veenstra SSB 1228 AGRICULTURE: Greiner, Chair; Behn and Shearer SSB 1229 NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Kibbie and McLaren SSB 1230 STATE GOVERNMENT: Lamberti, Chair; Drake and Fink SSB 1231 STATE GOVERNMENT: King, Chair; Dearden and McLaren SSB 1232 STATE GOVERNMENT: Maddox, Chair; Connolly and Rittmer SSB 1233 NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Bartz and Bolkcom SSB 1234 NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Fink and Johnson SSB 1235 JUDICIARY: King, Chair; Hansen and Miller SSB 1236 JUDICIARY: Redfern, Chair; Horn and Lamberti SSB 1237 AGRICULTURE: McLaren, Chair; Behn and Fiegen SSB 1238 LOCAL GOVERNMENT: Miller, Chair; Hansen and McKibben SSB 1239 COMMERCE: Johnson, Chair; Deluhery and Lundby SSB 1240 JUDICIARY: Redfern, Chair; Fiegen and Maddox SSB 1241 COMMERCE: Johnson, Chair; Deluhery and Jensen SSB 1242 BUSINESS AND LABOR RELATIONS: Behn, Chair; Fraise, Freeman, Horn, and Schuerer SSB 1243 AGRICULTURE: Kibbie, Chair; Fraise and McLaren COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 431 (SSB 1215), a bill for an act relating to agricultural seeds and making penalties applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McLaren, Behn, Fraise, Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 1: Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 436 (SSB 1162), a bill for an act providing for agricultural liens. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McLaren, Behn, Fraise, Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 1: Black. 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 Agriculture Committee on Senate File 436, and they were attached to the committee report. COMMERCE Final Bill Action: SENATE FILE 429 (SSB 1117), a bill for an act relating to price regulation for local exchange carriers, by changing certain definitions related to price regulation, permitting certain rate increases, requiring certain network infrastructure investments, and making related changes. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 9: Johnson, Schuerer, Freeman, Gronstal, Jensen, King, Lundby, Maddox, and McCoy. Nays, 4: Deluhery, Bolkcom, Hansen, and Redwine. Absent or not voting, 2: Flynn and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: SENATE CONCURRENT RESOLUTION 16 (formerly SCR 12), a concurrent resolution requesting the Director of Public Health to review the effects of obesity, report on current state and local programs to enhance public awareness of obesity and its treatment, and make recommendations for improvements of the programs. 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. ALSO: Final Bill Action: SENATE FILE 428 (SSB 1213), a bill for an act requiring the department of human services to establish a statewide central intake unit for receiving reports of child abuse. 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: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 430 (SSB 1019), a bill for an act relating to reimbursement of retailers participating in the electronic benefits transfer program through the department of human services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Redwine, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, 1: Tinsman. 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 430, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 433 (SSB 1214), a bill for an act relating to certain programs and public health issues under the purview of the Iowa department of public health, and providing a penalty. 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 433, and they were attached to the committee report. LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 434 (SSB 1209), a bill for an act requiring Iowa state university to conduct a land use policies study. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Miller, Angelo, Hansen, Bartz, Black, Fraise, Johnson, McKibben, and Zieman. Nays, none. Absent or not voting, 4: Gaskill, Horn, McCoy, and Schuerer. 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 Local Government Committee on Senate File 434, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE FILE 437 (SSB 1084), a bill for an act relating to the registration and titling of all-terrain vehicles and snowmobiles, and subjecting violators to a penalty. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 15: Sexton, Bartz, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Lundby, McLaren, Miller, and Rittmer. 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 Natural Resources and Environment Committee on Senate File 437, and they were attached to the committee report. RULES AND ADMINISTRATION Final Bill Action: SENATE JOINT RESOLUTION 7, 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. Recommendation: DO PASS. Final Vote: Ayes, 7: Iverson, Kramer, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Boettger, Dvorsky, and Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 13, a concurrent resolution requesting the congressional delegation of the state of Iowa support President Bush's tax relief proposal. Recommendation: DO PASS. Final Vote: Ayes, 6: Iverson, Kramer, Gaskill, Johnson, McKean, and Rittmer. Nays, 1: Harper. Absent or not voting, 4: Gronstal, Boettger, Dvorsky, and Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 15, a concurrent resolution declaring the month of May 2001 as Obesity Awareness Month. Recommendation: DO PASS. Final Vote: Ayes, 7: Iverson, Kramer, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Boettger, Dvorsky, and Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 16, a Senate resolution designating the Grout Museum of History and Science as the official repository of artifacts related to the Sullivan Brothers. Recommendation: DO PASS. Final Vote: Ayes, 7: Iverson, Kramer, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Boettger, Dvorsky, and Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 17, a Senate resolution honoring Jacklyn Murray for achieving the 2001 Prudential Spirit of Community Award. Recommendation: DO PASS. Final Vote: Ayes, 7: Iverson, Kramer, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Boettger, Dvorsky, and Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 8, a concurrent resolution honoring Herb Plambeck. Recommendation: DO PASS. Final Vote: Ayes, 7: Iverson, Kramer, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Boettger, Dvorsky, and Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 105, a bill for an act relating to personnel information regarding the value of public employees' compensation. Recommendation: DO PASS. Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 435 (SSB 1100), a bill for an act limiting the amount of contributions a candidate for office may accept from sources outside the candidate's election district, and providing a civil penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: King, Lamberti, Kibbie, Bolkcom, Connolly, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, 3: Dearden, Deluhery, and Drake. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: *SENATE FILE 432 (formerly SF 291), a bill for an act relating to motor vehicle child restraint requirements and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Rittmer, Drake, McCoy, Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, Sexton, and Zieman. Nays, none. Absent or not voting, 1: 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 432, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 446 (SSB 1218), a bill for an act providing an exception to motor vehicle lighting requirements for drivers of police vehicles. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Rittmer, Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, Sexton, and Zieman. Nays, none. Absent or not voting, 3: Drake, McCoy, 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 446, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 447 (SSB 1180), a bill for an act relating to the graduated driver's licensing system's requirements for full driver's licenses. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rittmer, Drake, Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, Sexton, and Zieman. Nays, none. Absent or not voting, 2: McCoy 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 447, and they were attached to the committee report. WAYS AND MEANS Final Bill Action: SENATE FILE 341, a bill for an act making modifications to certain transportation-related fines, penalties, and salvage theft examination fees and registration fees for vehicles nine model years old or older, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: McKibben, McKinley, Harper, Bolkcom, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Redwine, and Rehberg. Nays, none. Absent or not voting, 3: Connolly, Maddox, and Miller. 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 enrolling Senate File 267, the following corrections were made: 1. Page 4, line 21, insert a comma after the figure "3". 2. Page 7, line 2, insert a comma after the figure "1". MICHAEL E. MARSHALL Secretary of the Senate BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 13th day of March, 2001: Senate Files 267 and 279. MICHAEL E. MARSHALL Secretary of the Senate GOVERNOR'S ITEM VETO MESSAGE March 13, 2001 The Honorable Mary Kramer President of the Senate State Capitol LOCAL Dear President Kramer: I hereby transmit Senate File 267, 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. We have some very difficult choices ahead of us as we determine next year's state budget. Rather than create chaos with the state's budget during the last months of this fiscal year, we need to get down to the serious business of focusing on next year's budget. With revenues down, we will need to aggressively address next year's budget in a thoughtful, planned, and bipartisan manner. Senate File 267 is, therefore, approved on this date with the following exceptions, which I hereby disapprove. I am unable to approve Division III, Section 3 in its entirety. This provision requires a one percent reduction for most general fund appropriations. Under this Section, education and human services programs would bear the brunt of the cuts. I made it very clear to Republicans that if they chose to move forward with budget cuts, they would assume the responsibility for determining which programs and services should be eliminated. Instead of thoughtfully studying how these cuts would effect Iowans, they chose to make an across the board cut mandating a reduction in services without specifying which services to reduce or eliminate. I am unable to approve the language contained in Division VIII, Sections 17 and 18. These provisions would reduce the state's contribution to the Judicial retirement system during the current fiscal year and future fiscal years. At this time, the judicial retirement system is not actuarially sound. Reducing the contributions to the fund, delays achievement of our long held goal of fully funding the judicial retirement system. In my continued effort to work in a bipartisan manner, I am approving a number of cuts to the FY 01 budget. The Republican controlled legislature rejected bipartisanship by passing rash and not well thought out cuts that were not agreed to and would have unnecessarily disrupted services to Iowans. I made it very clear to Republican legislative leaders that if they chose to move forward with budget cuts, they would need to identify which programs and services should be eliminated. Instead of thoughtfully studying how these cuts would affect Iowans, they chose a rash approach that would create chaos in the services on which Iowans rely. The State of Iowa has experienced a serious decline in revenues, a decline that is problem as the state will have adequate resources available to meet the needs of Iowans. This bill would have disrupted services to Iowans. The decisions of the past limit our flexibility in responding to the FY 02 budget. We will be fiscally responsible and we will deal with the challenge presented to us. In this challenge, we have an opportunity to find efficient and effective ways for delivering services to Iowans. For the above reasons, I hereby approve Senate File 267 with the exceptions noted above. Sincerely, THOMAS J. VILSACK Governor AMENDMENT FILED S-3177 S.F. 224 Jeff Lamberti 620 JOURNAL OF THE SENATE 65th Day 65th Day TUESDAY, MARCH 13, 2001 619
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