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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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