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SEVENTY-FIRST CALENDAR DAY FORTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 19, 2001 The Senate met in regular session at 1:15 p.m., President Kramer presiding. Prayer was offered by Father Ben Jensen, pastor of the Sacred Heart Church in Ruthven, Iowa, guest of Senator Kibbie. The Journal of Thursday, March 15, 2001, was approved. SPECIAL GUESTS Senator Hammond introduced Dr. Dorothee Stapelfeldt, President of Parliament of the Free and Hanseatic City of Hamburg, Germany. She is accompanied by Johnsy Middleton from the State Department. RECESS On motion of Senator Iverson, the Senate recessed at 1:19 p.m. until the completion of a meeting of the committee on Rules and Administration. The Senate reconvened at 1:21 p.m., President Kramer presiding. SPECIAL GUESTS Senator Redfern introduced the following University of Northern Iowa concert chorale members who performed the school's Alma Mater: Dyan Baker (Conductor), Dane Barner, Nicole Birkland, Marylee Camp, Boe Hodnefield, Austin Kness, Chungwon Pack, Kathryn Wanek, and Kara Breitbach. Senator Redfern introduced the following University of Northern Iowa attendees for the adoption of Senate Resolution 21: CAMPUS AND BOARD OF REGENTS REPRESENTATIVES: Robert Koob, President; Owen Newlin, President, Board of Regents, State of Iowa; Aaron Podolefsky, Provost; Carol Bodensteiner, Special Assistant to the President for Marketing; Pat Geadelmann, Special Assistant to the President for Board and Governmental Relations; Noreen Hermansen, Director, Alumni Relations; Cheryl Gaston, Assistant Vice President for Marketing and Public Relations; Jim O'Connor, Director, Media Relations; Gerald Anglum, Associate Director, University Marketing and Public Relations; James Kelly, Chair, University Faculty; Randy Hayes, Chair, Professional and Scientific Council; Lauren Nelson, Chair, UNI Faculty Senate; and Ronnie Bankston, Chair, Graduate Faculty. UNI STUDENT REPRESENTATIVES: Dan Sterenchuk, President, Northern Iowa Student Government; Mike Russell, Vice President, Northern Iowa Student Government; Adam Briddell, President-elect, Northern Iowa Student Government; and Kellie Greiner, Vice President-elect, Northern Iowa Student Government. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 21, a resolution honoring and commemorating the one hundred twenty-fifth anniversary of the University of Northern Iowa. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and Rittmer. Nays, none. Absent or not voting, 2: Gronstal and McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 21. Senate Resolution 21 On motion of Senator Redfern, Senate Resolution 21, a resolution honoring and commemorating the one hundred twenty- fifth anniversary of the University of Northern Iowa, with report of committee recommending passage, was taken up for consideration. Senator Redfern moved the adoption of Senate Resolution 21, which motion prevailed by a voice vote. University of Northern Iowa President Koob addressed the Senate with brief remarks. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Gronstal, until he arrives, on request of Senator Kibbie; and Senator McKean, until he arrives, on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 57, 209, and 221. Senate File 57 On motion of Senator Gaskill, Senate File 57, a bill for an act relating to approval of city ordinances granting certain utility franchises, with report of committee recommending amendment and passage, was taken up for consideration. Senator Gaskill offered amendment S-3112, filed by the committee on Local Government on February 27, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3112 was adopted by a voice vote. Senator Gaskill 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. 57), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Gronstal McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 209 On motion of Senator Kibbie, Senate File 209, a bill for an act providing for the control of paratuberculosis, and providing for penalties, with report of committee recommending passage, was taken up for consideration. Senator Kibbie asked and received unanimous consent that action on Senate File 209 be deferred. Senate File 221 On motion of Senator Maddox, Senate File 221, a bill for an act establishing the interstate compact for adult criminal offender supervision and providing a contingent effective date, was taken up for consideration. Senator Maddox asked and received unanimous consent that House File 287 be substituted for Senate File 221. House File 287 On motion of Senator Maddox, House File 287, a bill for an act establishing the interstate compact for adult criminal offender supervision and providing a contingent effective date, was taken up for consideration. Senator Maddox 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. 287), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Gronstal McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Maddox asked and received unanimous consent that Senate File 221 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate File 241. Senate File 241 On motion of Senator Dvorsky, Senate File 241, a bill for an act relating to the confidentiality of certain domestic abuse records, was taken up for consideration. Senator Dvorsky offered amendment S-3182, filed by Senators Dvorsky and Bolkcom on March 15, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3182 was adopted by a voice vote. Senator Dvorsky 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. 241), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Gronstal McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate Files 242, 344, and 347. Senate File 242 On motion of Senator Bartz, Senate File 242, a bill for an act relating to the rules regarding the authentication of practitioners' verbal orders in hospitals, was taken up for consideration. Senator Bartz asked and received unanimous consent to withdraw amendment S-3127, filed by Senators Redwine and Bartz on March 5, 2001, to page 1 of the bill. Senator Bartz offered amendment S-3185, filed by Senators Redwine and Bartz from the floor to page 1 and to the title page of the bill, and moved its adoption. Amendment S-3185 was adopted by a voice vote. Senator Bartz 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. 242), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hansen Harper Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 3: Dvorsky Hammond Holveck Absent or not voting, 2: Gronstal McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. Senate File 344 On motion of Senator Drake, Senate File 344, a bill for an act restricting the exemption in the public records law for communications made to government bodies, was taken up for consideration. 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. 344), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Gronstal McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 347 On motion of Senator Redfern, Senate File 347, a bill for an act eliminating court costs and filing and service fees for plaintiffs seeking relief from domestic abuse, was taken up for consideration. Senator Redfern 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. 347), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Gronstal McKean The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Hammond, until she returns, on request of Senator Connolly; and Senator Shearer, until he returns, on request of Senator Dvorsky. CONSIDERATION OF BILL (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate File 304. Senate File 304 On motion of Senator Miller, Senate File 304, a bill for an act relating to the application procedure for variances for open burning, was taken up for consideration. Senator Miller 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. 304), the vote was: Ayes, 39: Angelo Bartz Behn Boettger Drake Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hansen Harper Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 7: Black Bolkcom Connolly Dearden Deluhery Dvorsky Holveck Absent or not voting, 4: Gronstal Hammond McKean Shearer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate File 265. Senate File 265 On motion of Senator Freeman, Senate File 265, a bill for an act prohibiting the installation, distribution, or sale of nonoperative air bags and providing a penalty, 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?" (S.F. 265), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Gronstal Hammond McKean 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 Files 57, 241, 242, 265, 304, 344, and 347 and House File 287 be immediately messaged to the House. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 335 be referred from the Regular Calendar to the committee on Ways and Means and Senate File 395 be referred from the Regular Calendar to the committee on Appropriations. RECESS On motion of Senator Iverson, the Senate recessed at 2:38 p.m. until the completion of a meeting of the committee on Appropriations. RECONVENED The Senate reconvened at 3:09 p.m., President Kramer presiding. The Senate stood at ease at 3:10 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:06 p.m., Senator Angelo presiding. QUORUM CALL Senator Gaskill requested a nonrecord roll call to determine that a quorum was present. The vote revealed 40 present, 10 absent, and a quorum present. 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 19, 2001, passed the following bill in which the concurrence of the House was asked: Senate File 125, a bill for an act relating to membership in an interstate wildlife violators compact by the department of natural resources. ALSO: That the House has on March 19, 2001, adopted the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 11, a joint resolution to nullify administrative rules of the department of natural resources requiring a harvest report of wild turkeys by resident and nonresident hunters, and providing an effective date. Read first time and referred to committee on Natural Resources and Environment. ALSO: That the House has on March 19, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 256, a bill for an act relating to health care facility regulation, including information to be included in a notice of a deficiency and including the collaboration of the department of inspections and appeals and the state fire marshal in promulgating rules. Read first time and referred to committee on State Government. House File 269, a bill for an act relating to balloon payments on consumer loans secured by a certificate of title in a motor vehicle. Read first time and attached to companion Senate File 263. House File 301, a bill for an act establishing a rural fire protection program and limiting the liability of rural water districts and associations in connection with the provision of water for fire protection. Read first time and referred to committee on Local Government. House File 309, a bill for an act to legalize participation in an instructional support program by the West Bend-Mallard Community School District and providing an effective and retroactive applicability date. Read first time and referred to committee on Education. House File 353, a bill for an act relating to the amount of classroom instruction offered in an approved driver education course as programmed by the department of education. Read first time and referred to committee on Education. House File 356, a bill for an act relating to administrative and corrective changes to the workers' compensation law. Read first time and referred to committee on Business and Labor Relations. House File 462, a bill for an act relating to the reimbursement of administrative costs of an area education agency for services provided by the agency under part C of the federal Individuals With Disabilities Education Act, and providing an effective date. Read first time and referred to committee on Education. House File 469, a bill for an act requiring agricultural equipment suppliers to repurchase certain items upon termination of an agricultural equipment dealership agreement. Read first time and referred to committee on Agriculture. House File 470, a bill for an act providing for the protection of proprietary rights and collection of fees for software, network designs, and technology applications of the Iowa communications network. Read first time and attached to similar Senate File 459. House File 481, a bill for an act relating to the establishment of city precincts and providing an effective date. Read first time and referred to committee on State Government. House File 581, a bill for an act relating to the size of drainage or levee districts having election districts and requesting an interim study. Read first time and referred to committee on Agriculture. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren, until he returns, on request of Senator Iverson. UNFINISHED BUSINESS (Deferred February 27, 2001) Senate File 170 The Senate resumed consideration of Senate File 170, a bill for an act relating to training requirements for certain child laborers and providing an effective date, deferred February 27, 2001. Senator Hammond offered amendment S-3187, filed by her from the floor to page 1 and to the title page of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3187 be adopted?" (S.F. 170), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Tinsman Nays, 26: Angelo Bartz Behn Boettger Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Absent or not voting, 2: McKean McLaren Amendment S-3187 lost. Senator Dearden asked and received unanimous consent that action on Senate File 170 be deferred. UNFINISHED BUSINESS (Deferred February 27, 2001) Senate File 168 The Senate resumed consideration of Senate File 168, a bill for an act relating to the granting of additional cable television franchises by a city, deferred February 27, 2001. Senator Lundby 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. 168), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Gronstal Hansen Iverson Jensen Johnson King Kramer Lamberti Lundby McCoy McKibben McKinley Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Nays, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Hammond Harper Holveck Horn Kibbie Maddox Miller Redfern Shearer Soukup Zieman Absent or not voting, 2: McKean McLaren 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 168 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:00 p.m. until 9:00 a.m. Tuesday, March 20, 2001. APPENDIX COMPANION BILL RECEIVED On March 19, 2001, House File 269 was received and attached to companion Senate File 263 on the Senate calendar. SIMILAR BILL RECEIVED On March 19, 2001, House File 470 was received and attached to similar Senate File 459 on the Senate calendar. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Brett Buehler, Lake View - For achieving the rank of Eagle Scout. Senator King (03/15/01). Dora Parrot, Manchester - For celebrating your 100th birthday on April 15, 2001. Senator Rehberg (03/19/01). Dan Rehberg, Independence Boys' Basketball Team - For receiving the WaMaC all-academic award. Senator Rehberg (03/19/01). PETITIONS The following petitions were presented and placed on file: From residents of the state of Iowa opposing legislation to expand Iowa's beverage container law. Senators Bolkcom, Dvorsky, Harper, and Horn. From residents of Polk, Story, and Warren counties opposing legislation relating to the establishment of a student achievement and teacher quality program (SSB 1190). Senator Fink. REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 15, 2001, 8:10 a.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Veenstra, and Zieman. Members Absent: Shearer and Soukup (both excused). Committee Business: Approved SSBs 1227 (as amended), 1243, and 1249 (as amended). Passed SF 292 (as amended) and LSB 3348xc (as amended). Adjourned: 9:15 a.m. APPROPRIATIONS Convened: March 19, 2001, 2:42 p.m. Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Gaskill and Hammond (both excused). Committee Business: Approved SSB 1224 (as amended). Adjourned: 2:46 p.m. RULES AND ADMINISTRATION Convened: March 19, 2001, 1:20 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and Rittmer. Members Absent: Gronstal, Ranking Member; and McKean (both excused). Committee Business: Passed SR 21. Adjourned: 1:21 p.m. INTRODUCTION OF RESOLUTIONS Senate Resolution 24, by Dvorsky, Horn, Hammond, Bolkcom, Shearer, Harper, and Holveck, a resolution honoring Iowa's collegiate athletes, coaches, and coaching staff. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 25, by McLaren, a resolution honoring the Iowa State University football team and Coach Dan McCarney. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 26, by Redwine and Kibbie, a resolution urging that attention be focused on the potential shortage of qualified nurses in the health care profession. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 482, by committee on Judiciary, a bill for an act relating to forcible entry and detainer actions in small claims court following a default on a contract for deed and when a defendant continues in possession after forfeiture. Read first time under Rule 28 and placed on calendar. Senate File 483, by committee on Judiciary, a bill for an act relating to the uniform athlete agents Act and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 484, by committee on Judiciary, a bill for an act relating to the limitation on products liability of wholesalers, retailers, distributors, and sellers of products. Read first time under Rule 28 and placed on calendar. Senate File 485, by committee on Judiciary, a bill for an act relating to jurisdiction in criminal forfeiture proceedings. Read first time under Rule 28 and placed on calendar. Senate File 486, by committee on Judiciary, a bill for an act relating to the assessment of a law enforcement initiative surcharge on certain criminal offenses. Read first time under Rule 28 and placed on calendar. Senate File 487, by committee on Judiciary, a bill for an act creating alternative criminal sentences. Read first time under Rule 28 and placed on calendar. Senate File 488, by committee on Judiciary, a bill for an act relating to the sale or transfer of firearms between unlicensed persons at a gun show and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 489, by committee on Agriculture, a bill for an act providing for an income tax credit for making capital investments in an agricultural cooperative association organized to operate a development facility or a renewable fuel production facility, establishing fees and making an appropriation of fee proceeds, and including effective and retroactive applicability date provisions. Read first time under Rule 28 and placed on calendar. Senate File 490, by committee on Commerce, a bill for an act relating to delayed deposit service transaction fees and notices. Read first time under Rule 28 and placed on calendar. Senate File 491, by committee on Business and Labor Relations, a bill for an act relating to the employment security administrative contribution surcharge, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 492, by committee on State Government, a bill for an act relating to voter registration forms, voter identification numbers, and voter registration lists. Read first time under Rule 28 and placed on calendar. Senate File 493, by committee on Agriculture, a bill for an act relating to the disposition of unclaimed deer venison processed by a meat and poultry processing establishment. Read first time under Rule 28 and placed on calendar. Senate File 494, by committee on Agriculture, a bill for an act relating to disputes in mediation involving agricultural operations. Read first time under Rule 28 and placed on calendar. Senate File 495, by committee on Agriculture, a bill for an act relating to conflicts of interests by a corporation's board of directors financing agricultural industry ventures and providing applicability and effective dates. Read first time under Rule 28 and placed on calendar. Senate File 496, by committee on Commerce, a bill for an act relating to fair motor fuel marketing and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 497, by committee on State Government, a bill for an act relating to the governance of the Iowa public employees' retirement system and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 498, by committee on Judiciary, a bill for an act relating to the limitation on income tax refund checkoffs, reenacting the income tax checkoff for domestic abuse services, and providing a retroactive applicability date. Read first time under Rule 28 and placed on calendar. Senate File 499, by committee on Judiciary, a bill for an act making changes to and reorganizing scheduled fines. Read first time under Rule 28 and placed on calendar. Senate File 500, by committee on Commerce, a bill for an act relating to insurance, by addressing the operation and regulation of insurance companies, mutual insurance associations, the Iowa insurance guaranty association, and other insurance or risk- assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner; by establishing jurisdiction and venue requirements for actions against the Iowa insurance guaranty association; and providing penalties, repeals, and effective dates. Read first time under Rule 28 and placed on calendar. Senate File 501, by committee on Local Government, a bill for an act relating to voluntary and involuntary annexations, and providing for the Act's applicability. Read first time under Rule 28 and placed on calendar. Senate File 502, by committee on Agriculture, a bill for an act relating to agricultural contracts and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 503, by committee on Natural Resources and Environment, a bill for an act relating to the construction of facilities or installation of practices related to open feedlot manure control, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 504, by committee on Local Government, a bill for an act relating to the creation of a multimodal authority and granting the authority the power to issue bonds and notes. Read first time under Rule 28 and placed on calendar. Senate File 505, by committee on Human Resources, a bill for an act requiring establishment of community review committees and county child protection assistance teams. Read first time under Rule 28 and placed on calendar. Senate File 506, by Fiegen, a bill for an act relating to the regulation of the siting of animal feeding operations and related structures by counties. Read first time under Rule 28 and referred to committee on Agriculture. Senate File 507, by Connolly, a bill for an act relating to funding for the arts by providing an Iowa individual income tax checkoff for the arts, making an appropriation, and providing a retroactive applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 508, by Fiegen, a bill for an act relating to the definition of homestead for purposes of the protection from claims of creditors and the homestead exemption waiver. Read first time under Rule 28 and referred to committee on Commerce. Senate File 509, by committee on Appropriations, a bill for an act making a supplemental appropriation to the state department of transportation from the primary road fund for the purchase of salt and including an effective date. Read first time under Rule 28 and placed on Appropriations calendar. SUBCOMMITTEE ASSIGNMENT Senate File 472 COMMERCE: Jensen, Chair; Gronstal and Johnson COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 489 (SSB 1249), a bill for an act providing for an income tax credit for making capital investments in an agricultural cooperative association organized to operate a development facility or a renewable fuel production facility, establishing fees and making an appropriation of fee proceeds, and including effective and retroactive applicability date provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McLaren, Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Sexton and Shearer. 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 489, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 493 (formerly SF 292), a bill for an act relating to the disposition of unclaimed deer venison processed by a meat and poultry processing establishment. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McLaren, Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Shearer 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 Agriculture Committee on Senate File 493, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 494 (SSB 1227), a bill for an act relating to disputes in mediation involving agricultural operations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McLaren, Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Shearer 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 Agriculture Committee on Senate File 494, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 495 (SSB 1243), a bill for an act relating to conflicts of interests by a corporation's board of directors financing agricultural industry ventures and providing applicability and effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McLaren, Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Shearer and Soukup. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 502 (LSB 3348xc), a bill for an act relating to agricultural contracts and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McLaren, Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Shearer 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 Agriculture Committee on Senate File 502, and they were attached to the committee report. APPROPRIATIONS Final Bill Action: *SENATE FILE 509 (SSB 1224), a bill for an act making a supplemental appropriation to the state department of transportation from the primary road fund for the purchase of salt and including an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 23: Lamberti, Kramer, Flynn, Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Gaskill and Hammond. 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 Appropriations Committee on Senate File 509, and they were attached to the committee report. BUSINESS AND LABOR RELATIONS Final Bill Action: *SENATE FILE 491 (SSB 1244), a bill for an act relating to the employment security administrative contribution surcharge, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Freeman, Greiner, Dearden, Behn, Fraise, Hammond, King, and McKibben. Nays, 2: Lundby and Schuerer. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Business and Labor Relations Committee on Senate File 491, and they were attached to the committee report. COMMERCE Final Bill Action: *SENATE FILE 490 (formerly SF 274), a bill for an act relating to delayed deposit service transaction fees and notices. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. 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 Commerce Committee on Senate File 490, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 496 (SSB 1239), a bill for an act relating to fair motor fuel marketing and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. 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 Commerce Committee on Senate File 496, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 500 (SSB 1123), a bill for an act relating to insurance, by addressing the operation and regulation of insurance companies, mutual insurance associations, the Iowa insurance guaranty association, and other insurance or risk-assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner; by establishing jurisdiction and venue requirements for actions against the Iowa insurance guaranty association; and providing penalties, repeals, and effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. 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 Commerce Committee on Senate File 500, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: *SENATE FILE 505 (formerly SF 322), a bill for an act requiring establishment of community review committees and county child protection assistance teams. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Miller, Shearer, and Veenstra. Nays, 1: Schuerer. Absent or not voting, 1: Holveck. 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 505, and they were attached to the committee report. JUDICIARY Final Bill Action: *SENATE FILE 482 (formerly SF 68), a bill for an act relating to forcible entry and detainer actions in small claims court following a default on a contract for deed and when a defendant continues in possession after forfeiture. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Maddox, Redfern, Angelo, Boettger, Hansen, King, Lamberti, and Tinsman. Nays, 4: Fiegen, Fraise, Hammond, and Horn. Absent or not voting, 3: Holveck, McKean, and Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 482, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 483 (SSB 1246), a bill for an act relating to the uniform athlete agents Act and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Maddox, Redfern, Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent or not voting, 2: Holveck and McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 484 (SSB 1211), a bill for an act relating to the limitation on products liability of wholesalers, retailers, distributors, and sellers of products. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Maddox, Redfern, Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, and Tinsman. Nays, none. Absent or not voting, 3: Holveck, McKean, and Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 485 (formerly SF 281), a bill for an act relating to jurisdiction in criminal forfeiture proceedings. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Maddox, Angelo, Boettger, Fiegen, Fraise, Hammond, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent or not voting, 4: Redfern, Holveck, Hansen, and McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 486 (SSB 1150), a bill for an act relating to the assessment of a law enforcement initiative surcharge on certain criminal offenses. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Maddox, Redfern, Angelo, Boettger, Fiegen, Fraise, Hammond, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent or not voting, 3: Holveck, Hansen, and McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 487 (SSB 1223), a bill for an act creating alternative criminal sentences. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Maddox, Redfern, Boettger, Fiegen, Fraise, Hammond, Hansen, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 3: Holveck, Angelo, and Horn. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 487, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 488 (SSB 1184), a bill for an act relating to the sale or transfer of firearms between unlicensed persons at a gun show and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Maddox, Redfern, Fiegen, Fraise, Hammond, Hansen, McKean, and Tinsman. Nays, 3: Angelo, King, and Miller. Absent or not voting, 4: Holveck, Boettger, Horn, and Lamberti. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 488, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 498 (SSB 1212), a bill for an act relating to the limitation on income tax refund checkoffs, reenacting the income tax checkoff for domestic abuse services, and providing a retroactive applicability date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Maddox, Redfern, Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent or not voting, 2: Holveck 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 Judiciary Committee on Senate File 498, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 499 (SSB 1080), a bill for an act making changes to and reorganizing scheduled fines. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Maddox, Redfern, Angelo, Boettger, Fiegen, Fraise, Hammond, King, Lamberti, McKean, Miller, and Tinsman. Nays, 1: Hansen. Absent or not voting, 2: Holveck and Horn. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 499, and they were attached to the committee report. LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 501 (SSB 1225), a bill for an act relating to voluntary and involuntary annexations, and providing for the Act's applicability. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Miller, Hansen, Bartz, Black, Fraise, Gaskill, Johnson, McCoy, McKibben, Schuerer, and Zieman. Nays, none. Absent or not voting, 2: Angelo and Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Local Government Committee on Senate File 501, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 504 (SSB 1248), a bill for an act relating to the creation of a multimodal authority and granting the authority the power to issue bonds and notes. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Miller, Angelo, Hansen, Bartz, Black, Gaskill, Johnson, McCoy, McKibben, Schuerer, and Zieman. Nays, 1: Fraise. Absent or not voting, 1: Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Local Government Committee on Senate File 504, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE FILE 503 (SSB 1229), a bill for an act relating to the construction of facilities or installation of practices related to open feedlot manure control, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. 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 503, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 492 (SSB 1195), a bill for an act relating to voter registration forms, voter identification numbers, and voter registration lists. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Drake, Jensen, Maddox, McLaren, Rittmer, and Sexton. Nays, 2: Deluhery and Fink. Absent or not voting, 1: McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 497 (SSB 1247), a bill for an act relating to the governance of the Iowa public employees' retirement system and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McLaren, Rittmer, and Sexton. Nays, none. Absent or not voting, 1: McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. PROOF OF PUBLICATION Verified proof of publication of House File 309, in accordance with Iowa Code section 585.1, was filed with the Secretary of the Senate on March 19, 2001. AMENDMENTS FILED S-3183 S.F. 259 Steve King S-3184 S.F. 259 Steve King S-3185 S.F. 242 John Redwine Merlin E. Bartz S-3186 S.F. 240 Mary E. Kramer Nancy Boettger John Redwine Betty A. Soukup S-3187 S.F. 170 Johnie Hammond S-3188 S.F. 209 John P. Kibbie John W. Jensen 678 JOURNAL OF THE SENATE 71st Day 71st Day MONDAY, MARCH 19, 2001 677
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