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Senate Journal: Wednesday, March 21, 2001

  SEVENTY-THIRD CALENDAR DAY
  FORTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 21, 2001

  The Senate met in regular session at 9:00 a.m., President
  Pro Tempore McKean presiding.

  Prayer was offered by the Reverend Damon Hall, pastor of the
  Grace Baptist Church in Waverly, Iowa, guest of Senator Jensen.

  The Journal of Tuesday, March 20, 2001, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Bartz, Boettger, King, Kramer, and McKinley, until they arrive, on
  request of Senator Iverson; and Senators Connolly and McCoy, until they
  arrive, on
  request of Senator Gronstal.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Joint Resolution 7.

  Senate Joint Resolution 7

  On motion of Senator Iverson, 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, with report of committee
  recommending passage, was taken up for consideration.
  Senator Iverson moved that the resolution be read the last time
  now and placed upon its passage, which motion prevailed by a voice
  vote, and the resolution was read the last time.

  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.
  WHEREAS, the State of Iowa has the honor of being the home of
  the World Food Prize Foundation which annually presents an
  international award recognizing outstanding individual achievement
  in improving the quality, quantity, or availability of food in the world;
  and
  WHEREAS, Iowa's unique State Capitol is an optimal location for
  this awards ceremony of the World Food Prize Foundation and was
  the location of the ceremony in October 2000; and
  WHEREAS, wine is customarily served as an accompaniment to
  the food and entertainment provided at this type of awards ceremony
  and wine was served at this ceremony in October 2000; and
  WHEREAS, under 401 IAC 1.6(6), which prohibits the
  consumption of alcoholic beverages on the capitol complex, it is not
  possible to serve wine at this type of awards ceremony in the State
  Capitol; NOW THEREFORE,
  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE
  OF IOWA:
  Section 1.  Notwithstanding 401 IAC 1.6(6) and any contrary
  provisions of chapter 123, prohibiting the use and consumption of
  alcoholic beverages in public places, wine may be used and  consumed
  within the State Capitol at an awards ceremony, to be held on or
  around October 18, 2001, hosted and organized in whole or in part by
  the World Food Prize Foundation if the person providing the food and
  wine at the awards ceremony possesses an appropriate valid liquor
  control license.  For the purpose of this section and section 123.95, the
  State Capitol is a private place.

  On the question "Shall the resolution be adopted?" (S.J.R. 7), the
  vote was:

  Yeas, 40:

  Angelo	Behn	Bolkcom	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	Hansen
  Harper	Horn	Iverson	Jensen
  Johnson	Kibbie	Lamberti	Lundby
  Maddox	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, 3:

  Black	Hammond	Holveck	

  Absent or not voting, 7:

  Bartz	Boettger	Connolly	King
  Kramer	McCoy	McKinley			

  The resolution, having received a constitutional majority, was
  declared to have been adopted by the Senate and the title was agreed
  to.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Jensen, until he returns, on request of Senator Rittmer.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 337 and 428.

  Senate File 337

  On motion of Senator Redfern, Senate File 337, a bill for an act
  relating to transfers of structured settlement payment rights for tort
  and workers' compensation claims, providing civil remedies, and an
  applicability date, was taken up for consideration.

  Senator Redfern offered amendment S-3205, filed by him on
  March 20, 2001, to pages 5 and 7 of the bill, and moved its adoption.

  Amendment S-3205 was adopted by a voice vote.
  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. 337), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Bolkcom	Dearden	Deluhery	Drake
  Dvorsky	Fiegen	Fink	Flynn
  Fraise	Freeman	Gaskill	Greiner
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Iverson	Johnson
  Kibbie	King	Lamberti	Lundby
  Maddox	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 6:

  Boettger	Connolly	Jensen	Kramer
  McCoy	McKinley			

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  Senate File 428

  On motion of Senator Redwine, Senate File 428, a bill for an act
  requiring the department of human services to establish a statewide
  central intake unit for receiving reports of child abuse, was taken up
  for consideration.

  Senator Redwine 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. 428), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Iverson	Johnson	Kibbie	King
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McKinley	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Jensen	McCoy			

  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:

  Senators Boettger, Kramer, and McKinley, until they return, on request of
  Senator
  Bartz; and Senator Connolly, until he returns, on request of Senator Kibbie.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Joint Resolution 6.

  Senate Joint Resolution 6

  On motion of Senator Sexton, Senate Joint Resolution 6, a joint
  resolution nullifying an amendment to an administrative rule of the
  department of natural resources eliminating the unprotected
  nongame status of reptiles and providing an effective date, was taken
  up for consideration.

  Senator Sexton moved that the resolution be read the last time
  now and placed upon its passage, which motion prevailed by a voice
  vote, and the resolution was read the last time.
  Senate Joint Resolution 6, a joint resolution nullifying an
  amendment to an administrative rule of the department of natural
  resources eliminating the unprotected nongame status of reptiles and
  providing an effective date.
  BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE
  OF IOWA:
  Section 1.  The amendment to 571 Iowa administrative code, rule
  76.1, subrule 2, as appearing in ARC 0099B, as published in the Iowa
  administrative bulletin, volume XXIII, number 5, dated September 6,
  2000, p. 478, is nullified.
  Sec. 2.  EFFECTIVE DATE.  This joint resolution, being deemed of
  immediate importance, takes effect upon enactment.

  On the question "Shall the resolution be adopted?" (S.J.R 6), the
  vote was:

  Yeas, 34:

  Angelo	Bartz	Behn	Deluhery
  Drake	Fiegen	Fink	Flynn
  Fraise	Freeman	Gaskill	Greiner
  Harper	Iverson	Jensen	Johnson
  Kibbie	King	Lamberti	Maddox
  McKean	McKibben	McLaren	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Sexton	Soukup	Tinsman
  Veenstra	Zieman	

  Nays, 12:

  Black	Bolkcom	Dearden	Dvorsky
  Gronstal	Hammond	Hansen	Holveck
  Horn	Lundby	McCoy	Shearer	

  Absent or not voting, 4:

  Boettger	Connolly	Kramer	McKinley		

  The resolution, having received a constitutional majority, was
  declared to have been adopted by the Senate and the title was agreed
  to.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:
  Senators King and Iverson, until they return, on request of Senator Redwine.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Bartz asked and received unanimous consent to take up
  for consideration Senate Files 372 and 354.

  Senate File 372

  On motion of Senator Hansen, Senate File 372, a bill for an act
  relating to the powers and duties of the county recorder relating to
  the recording and keeping of documents, was taken up for
  consideration.

  Senator Hansen 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. 372), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Bolkcom	Dearden	Deluhery	Drake
  Dvorsky	Fiegen	Fink	Flynn
  Fraise	Freeman	Gaskill	Greiner
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Jensen	Johnson
  Kibbie	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 6:

  Boettger	Connolly	Iverson	King
  Kramer	McKinley			

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Holveck, until he returns, on request of Senator Soukup.

  Senate File 354

  On motion of Senator Redfern, Senate File 354, a bill for an act
  relating to limitations on filing medical assistance claims against a
  decedent's estate, 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. 354), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Bolkcom	Dearden	Deluhery	Drake
  Dvorsky	Fiegen	Fink	Flynn
  Fraise	Freeman	Gaskill	Greiner
  Gronstal	Hammond	Hansen	Harper
  Horn	Jensen	Johnson	Kibbie
  King	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 6:

  Boettger	Connolly	Holveck	Iverson
  Kramer	McKinley			

  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 Veenstra asked and received unanimous consent to take
  up for consideration Senate Files 336 and 415.

  Senate File 336

  On motion of Senator Redwine, Senate File 336, a bill for an act
  relating to the authority of the state board of educational examiners
  to develop a code of professional rights and responsibilities, practices,
  and ethics for practitioners, was taken up for consideration.

  Senator Redwine 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. 336), the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 29:

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

  Nays, 21:

  Black	Bolkcom	Dearden	Deluhery
  Dvorsky	Fiegen	Fink	Flynn
  Fraise	Gronstal	Hammond	Hansen
  Harper	Holveck	Horn	Kibbie
  Lundby	McCoy	Rittmer	Shearer
  Soukup	

  Absent or not voting, none.	

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  Senate File 415

  On motion of Senator Lamberti, Senate File 415, a bill for an act
  relating to the jurisdiction of district associate judges, was taken up
  for consideration.

  President Kramer took the chair at 10:10 a.m.

  Senator Lamberti 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. 415), the vote was:

  Ayes, 50:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Iverson	Jensen	Johnson	Kibbie
  King	Kramer	Lamberti	Lundby
  Maddox	McCoy	McKean	McKibben
  McKinley	McLaren	Miller	Redfern
  Redwine	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman	

  Nays, none.

  Absent or not voting, none.

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 387, 406, and 412.
  Senate File 387

  On motion of Senator Sexton, Senate File 387, a bill for an act
  relating to the regulation of auctions and the licensing of auctioneers
  and other auction personnel and providing fees, penalties, and an
  appropriation, was taken up for consideration.

  Senator Deluhery offered amendment S-3209, filed by Senators
  Deluhery and Sexton from the floor to page 2 of the bill, and moved
  its adoption.

  Amendment S-3209 was adopted by a voice vote.

  Senator Sexton 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. 387), the vote was:

  Ayes, 45:

  Bartz	Black	Boettger	Bolkcom
  Connolly	Dearden	Deluhery	Drake
  Dvorsky	Fiegen	Fink	Flynn
  Fraise	Freeman	Gaskill	Greiner
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Iverson	Jensen
  Johnson	Kibbie	King	Kramer
  Lamberti	Lundby	Maddox	McCoy
  McKean	McKibben	Miller	Redfern
  Redwine	Rehberg	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman	

  Nays, 5:

  Angelo	Behn	McKinley	McLaren
  Rittmer	

  Absent or not voting, none.

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gronstal, until he returns, on request of Senator Hansen.

  Senate File 406

  On motion of Senator Miller, Senate File 406, a bill for an act
  relating to a review of revenue sources of local governments, 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. 406), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	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
  McKean	McKibben	McKinley	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	

  Nays, 1:

  Connolly	

  Absent or not voting, 1:

  Gronstal			

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  Senate File 412

  On motion of Senator Fink, Senate File 412, a bill for an act
  relating to the compulsory attendance age and attendance at school
  during the regular school calendar by a child who has reached the age
  of sixteen, was taken up for consideration.

  Senator Fink 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. 412), the vote was:

  Ayes, 49:

  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	McKean	McKibben	McKinley
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  Gronstal			

  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 Joint Resolutions 6 and 7 and Senate Files 337, 354, 372,
  387, 406, 412, 415, and 428 be immediately messaged to the
  House.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Schuerer, until he returns, on request of Senator Lundby.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 413.

  Senate File 413

  On motion of Senator McKean, Senate File 413, a bill for an act
  relating to a criminal sentence subject to the maximum accumulation
  of earned time credits of fifteen percent of the total sentence of
  confinement, was taken up for consideration.

  Senator McKean 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. 413), the vote was:

  Ayes, 47:

  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
  McKean	McKibben	McKinley	McLaren
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Sexton	Shearer	Soukup
  Tinsman	Veenstra	Zieman	

  Nays, 1:

  McCoy	
  Absent or not voting, 2:

  Gronstal	Schuerer			

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 140.

  Senate File 140

  On motion of Senator Deluhery, Senate File 140, a bill for an act
  updating the Iowa Code references to the Internal Revenue Code,
  increasing the minimum filing income requirement for dependents,
  lowering the threshold amount for making estimated payments for
  corporations and financial institutions, increasing the estimated tax
  payment standard for assessing a penalty for corporations and
  financial institutions, and providing retroactive applicability dates
  and an effective date, was taken up for consideration.

  Senator Deluhery 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. 140), 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	McKean	McKibben	McKinley
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rittmer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman	
  Nays, none.

  Absent or not voting, 2:

  Gronstal	Schuerer			

  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 140 and 413 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:20 a.m.
  until 1:00 p.m.

  AFTERNOON SESSION

  The Senate reconvened at 1:05 p.m., President Pro Tempore
  McKean presiding.

  QUORUM CALL

  Senator Johnson requested a nonrecord roll call to determine that
  a quorum was present.

  The vote revealed 29 present, 21 absent, and a quorum present.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 7.

  Senate Concurrent Resolution 7

  On motion of Senator Angelo, Senate Concurrent Resolution 7,
  a concurrent resolution requesting that the United States Congress
  adopt daylight saving time as the national standard of keeping time
  throughout the year, with report of committee recommending
  passage, was taken up for consideration.

  Senator Angelo moved the adoption of Senate Concurrent
  Resolution 7, which motion prevailed by a voice vote.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 1:13 p.m.
  until the completion of a meeting of the committee on Rules and
  Administration.

  RECONVENED

  The Senate reconvened at 1:28 p.m., President Kramer presiding.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Shearer, until he returns, on request of Senator Hammond; and
  Senator
  Jensen, until he returns, on request of Senator McKean.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 350 and 414.

  Senate File 350

  On motion of Senator Sexton, Senate File 350, a bill for an act