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Senate Journal: Wednesday, March 14, 2001

  SIXTY-SIXTH CALENDAR DAY
  THIRTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 14, 2001

  The Senate met in regular session at 9:02 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Realff Ottesen, pastor of the
  United Methodist Church of Shell Rock, Iowa, guest of Senator
  Jensen.

  The Journal of Tuesday, March 13, 2001, was approved.

  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 13, 2001, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 451, a bill for an act regulating the practice of
  accounting, establishing fees, providing penalties, and providing an
  effective date.

  Read first time and referred to committee on State Government.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 13.
  Senate Concurrent Resolution 13

  On motion of Senator Iverson, Senate Concurrent Resolution 13,
  a concurrent resolution requesting the congressional delegation of the
  state of Iowa support President Bush's tax relief proposal, with report
  of committee recommending passage, was taken up for consideration.

  (Action on Senate Concurrent Resolution 13 was deferred.)

  The Senate stood at ease at 9:08 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 9:48 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 14, 2001, adopted the following resolution in which the
  concurrence of the Senate is asked:

  House Concurrent Resolution 19, a concurrent resolution
  requesting the congressional delegation of the state of Iowa support
  President Bush's tax relief proposal.

  Read first time and attached to companion Senate Concurrent
  Resolution 13.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators McCoy and Holveck, until they arrive, on request of Senator
  Bolkcom.

  BUSINESS PENDING

  Senate Concurrent Resolution 13

  The Senate resumed consideration of Senate Concurrent Resolution 13.
  Senator Fiegen offered amendment S-3179, filed by Senator
  Fiegen, et al., from the floor to pages 1 and 2 of the resolution, and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3179 be adopted?"
  (S.C.R. 13), the vote was:

  Ayes, 18:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Horn	Kibbie
  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, 2:

  Holveck	McCoy

  Amendment S-3179 lost.

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 19 be substituted for Senate
  Concurrent Resolution 13.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Rittmer and Zieman, until they return, on request of Senator
  Iverson.
  House Concurrent Resolution 19

  On motion of Senator Iverson, House Concurrent Resolution 19, a
  concurrent resolution requesting the congressional delegation of the
  state of Iowa support President Bush's tax relief proposal, was taken
  up for consideration.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 19.

  A record roll call was requested.

  On the question "Shall the resolution be adopted?" (H.C.R 19), the
  vote was:

  Ayes, 28:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Greiner
  Iverson	Jensen	Johnson	King
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McKinley	McLaren
  Miller	Redfern	Redwine	Rehberg
  Schuerer	Sexton	Tinsman	Veenstra

  Nays, 18:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Horn	Kibbie
  Shearer	Soukup

  Absent or not voting, 4:

  Holveck	McCoy	Rittmer	Zieman

  The motion prevailed and the resolution was adopted.

  WITHDRAWN

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 13 be withdrawn from further
  consideration of the Senate.
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 19 be immediately messaged to
  the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:45 a.m.
  until 9:00 a.m. Thursday, March 15, 2001.
  APPENDIX

  COMPANION RESOLUTION RECEIVED

  On March 14, 2001, House Concurrent Resolution 19 was
  received and attached to companion Senate Concurrent
  Resolution 13 on the Senate calendar.

  GOVERNOR'S APPOINTEE PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointee, assigned to standing committee for
  investigation, was placed on the Individual Confirmation Calendar
  with recommendation for confirmation:

  WAYS AND MEANS

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

  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:

  WAYS AND MEANS

  Richard Wright - Iowa Finance Authority

  Courtney Kay-Decker - State Board of Tax Review

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened:  March 13, 2001, 5:38 p.m.

  Members Present:  McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Veenstra,
  and
  Zieman.

  Members Absent:  Black and Soukup (both excused).

  Committee Business:  Approved SSBs 1226, 1228, and 1237.
  Adjourned:  6:15 p.m.

  HUMAN RESOURCES

  Convened:  March 14, 2001, 10:50 a.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 1205 and passed SFs 302 and 322 (as
  amended).

  Recessed:  11:17 a.m.

  Reconvened:  11:41 a.m.

  Adjourned:  11:47 a.m.

  LOCAL GOVERNMENT

  Convened:  March 14, 2001, 1:10 p.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 1238 (as amended) and passed SF 313.

  Adjourned:  1:40 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  March 14, 2001, 2:18 p.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 SSBs 1233, 1234, and 1245.

  Adjourned:  2:35 p.m.

  TRANSPORTATION

  Convened:  March 14, 2001, 10:55 a.m.
  Members Present:  Rittmer, Chair; Drake, Vice Chair; Dearden, Fink, Fraise,
  Freeman, Jensen, Kibbie, McKinley, McLaren, Sexton, and Zieman.

  Members Absent:  McCoy, Ranking Member (excused).

  Committee Business:  Approved SSB 1221 and SFs 9 and 16.  Subcommittee
  assignments.

  Adjourned:  11:32 a.m.

  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 21, by Redfern, Harper, Kramer, Iverson, and
  Gronstal, a Senate resolution honoring and commemorating the one
  hundred twenty-fifth anniversary of the University of Northern Iowa.

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

  Senate Resolution 22, by Dvorsky, Horn, Hammond, Bolkcom,
  Shearer, Harper, and Holveck, a Senate resolution honoring Iowa's
  collegiate athletes, coaches, and coaching staff.

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

  INTRODUCTION OF BILLS

  Senate File 448, by committee on Judiciary, a bill for an act
  relating to the establishment by the Iowa department of public health
  of a substance abuse treatment facility for persons on probation due
  to the commission of a criminal offense.

  Read first time under Rule 28 and placed on calendar.

  Senate File 449, by committee on Ways and Means, a bill for an
  act exempting property owned and operated by an Indian housing
  authority from property tax and including an effective date.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.
  Senate File 450, by committee on Ways and Means, a bill for an
  act extending veterans benefits, preferences, and tax exemptions to
  certain members of reserve forces of the United States and the Iowa
  national guard, and providing an effective date for property tax
  exemption claims.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  Senate File 451, by Connolly, a bill for an act relating to the
  penalties for the criminal offenses of false reports and threats.

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

  Senate File 452, by committee on Commerce, a bill for an act
  requiring the use of a uniform prescription drug information card by
  providers of third-party payment or prepayment of prescription drug
  expenses.

  Read first time under Rule 28 and placed on calendar.

  Senate File 453, by committee on Local Government, a bill for an
  act relating to the administrative procedures of certain county officers
  by authorizing the issuance of checks, providing for the cancellation
  of warrants and checks, the disposal of tax lists, and the receipt of
  electronic payments, specifying tax sale costs and the mailing address
  for changes of titles and deeds, providing for other properly related
  matters, and providing an effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 454, by committee on Agriculture, a bill for an act
  providing for the regulation of genetically modified agricultural and
  vegetable seed and providing penalties and an effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 455, by Shearer, Hammond, Harper, Horn, Flynn,
  Fiegen, Connolly, Kibbie, Fraise, McCoy, Soukup, Holveck, Bolkcom,
  Fink, Deluhery, Dvorsky, Dearden, Black, and Gronstal, a bill for an
  act establishing a new economy council.

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

  STUDY BILLS RECEIVED

  SSB 1244	Business and Labor Relations

  Relating to the employment security administrative contribution
  surcharges, and providing an effective date.

  SSB 1245	Natural Resources and Environment

  Prohibiting the construction of animal feeding operation structures
  in certain floodplains, and making penalties applicable.

  SSB 1246	Judiciary

  Relating to the uniform athlete agents Act and providing
  penalties.

  SSB 1247	State Government

  Relating to the governance of the Iowa public employees'
  retirement system and providing an effective date.

  SSB 1248	Local Government

  Relating to the creation of a multimodal authority and granting
  the authority the power to issue bonds and notes.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 266

  TRANSPORTATION:  McKinley, Chair; Jensen and McCoy

  Senate File 281

  JUDICIARY:  Lamberti, Chair; Holveck and Miller
  Senate File 366

  TRANSPORTATION:  Rittmer, Chair; Fink and Sexton

  Senate File 404

  TRANSPORTATION:  Rittmer, Chair; Dearden and McLaren

  Senate File 420

  STATE GOVERNMENT:  Drake, Chair; Jensen and Kibbie

  Senate File 422

  WAYS AND MEANS:  Rehberg, Chair; Bolkcom and McKinley

  Senate File 427

  STATE GOVERNMENT:  King, Chair; Bolkcom and McKean

  Senate File 439

  STATE GOVERNMENT:  McLaren, Chair; Bolkcom and Maddox

  Senate File 444

  STATE GOVERNMENT:  McKean, Chair; Deluhery and King

  SSB 1244

  BUSINESS AND LABOR RELATIONS:  Behn, Chair; Fraise, Freeman, Horn, and
  Schuerer

  SSB 1245

  NATURAL RESOURCES AND ENVIRONMENT:  Sexton, Chair; Bartz and Fink

  SSB 1246

  JUDICIARY:  Maddox, Chair; Hammond and Redfern

  SSB 1247

  STATE GOVERNMENT:  Drake, Chair; Kibbie and Rittmer

  SSB 1248

  LOCAL GOVERNMENT:  Miller, Chair; Fraise and Gaskill
  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  SENATE FILE 454 (SSB 1237), a bill for an act providing
  for the
  regulation of genetically modified agricultural and vegetable seed and
  providing
  penalties and an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  McLaren, Behn, Fraise, Angelo, Bartz, Fiegen,
  Gaskill,
  Greiner, Kibbie, Sexton, Shearer, Veenstra, and Zieman.  Nays, none.  Absent
  or not
  voting, 2:  Black and Soukup.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  COMMERCE

  Final Bill Action:  *SENATE FILE 452 (formerly SF 232), a bill for an act
  requiring
  the use of a uniform prescription drug information card by providers of
  third-party
  payment or prepayment of prescription drug expenses.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Johnson, Schuerer, Deluhery, Bolkcom, Flynn,
  Freeman,
  Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine.  Nays,
  none.
  Absent or not voting, 1:  Gronstal.

  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 452, and
  they
  were attached to the committee report.

  JUDICIARY

  Final Bill Action:  SENATE FILE 448 (SSB 1219), a bill for an act relating
  to the
  establishment by the Iowa department of public health of a substance abuse
  treatment
  facility for persons on probation due to the commission of a criminal
  offense.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Maddox, Redfern, Angelo, Boettger, Fiegen, Fraise,
  Hammond,
  Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, none.
  Absent or
  not voting, 1:  Holveck.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.
  LOCAL GOVERNMENT

  Final Bill Action:  SENATE FILE 313, a bill for an act relating to removal
  of county
  board of supervisor appointees.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Miller, Hansen, Bartz, Black, Gaskill, Johnson,
  McKibben,
  Schuerer, and Zieman.  Nays, none.  Absent or not voting, 4:  Angelo,
  Fraise, Horn, and
  McCoy.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 453 (SSB 1147), a bill for an act relating
  to the
  administrative procedures of certain county officers by authorizing the
  issuance of
  checks, providing for the cancellation of warrants and checks, the disposal
  of tax lists,
  and the receipt of electronic payments, specifying tax sale costs and the
  mailing
  address for changes of titles and deeds, providing for other properly
  related matters,
  and providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Miller, Angelo, Hansen, Bartz, Black, Fraise,
  Gaskill, Johnson,
  and Zieman.  Nays, none.  Absent or not voting, 4:  Horn, McCoy, McKibben,
  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 453,
  and
  they were attached to the committee report.

  WAYS AND MEANS

  Final Bill Action:  SENATE FILE 184, a bill for an act relating to duties of
  the county
  sheriff by increasing the fees and expenses collected by the county sheriff
  for various
  services and the release of a garnishment.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3180.

  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.
  ALSO:

  Final Bill Action:  SENATE FILE 449 (SSB 1113), a bill for an act exempting
  property owned and operated by an Indian housing authority from property tax
  and
  including an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  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.

  ALSO:

  Final Bill Action:  SENATE FILE 450 (formerly SF 343), a bill for an act
  extending
  veterans benefits, preferences, and tax exemptions to certain members of
  reserve forces
  of the United States and the Iowa national guard, and providing an effective
  date for
  property tax exemption claims.

  Recommendation:  APPROVED COMMITTEE BILL.

  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.

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on March 14,
  2001, the Governor approved and transmitted to the Secretary of
  State the following bill:

  S.F. 279 - 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.

  AMENDMENTS FILED

  S-3178	S.F.	418	Patricia Harper
  S-3179	S.C.R.	13	Thomas Fiegen
  Tom Flynn
  Michael E. Gronstal
  Dennis H. Black
  Betty A. Soukup
  Patricia Harper
  Mark Shearer
  John P. Kibbie
  Eugene S. Fraise
  Wally E. Horn
  Patrick J. Deluhery
  Mike Connolly
  Jack Holveck
  Dick L. Dearden
  Joe Bolkcom
  Robert E. Dvorsky
  Johnie Hammond
  Matt McCoy
  Steven D. Hansen
  Bill Fink
  S-3180	S.F.	184	Ways and Means
  S-3181	S.F.	348	Jeff Angelo

  644	JOURNAL OF THE SENATE	66th Day
  66th Day	WEDNESDAY, MARCH 14, 2001	643

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