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SEVENTY-EIGHTH CALENDAR DAY FORTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 26, 2001 The Senate met in regular session at 1:13 p.m., President Pro Tempore McKean presiding. Prayer was offered by the Reverend De Ann Klapp, pastor of the United Methodist Church in Pisgah, Iowa, guest of Senator Boettger. The Journal of Thursday, March 22, 2001, was approved. 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 22, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 567, a bill for an act providing for a legal risk waiver in interstate adoptions. Read first time and referred to committee on Human Resources. House File 630, a bill for an act relating to campaign finance law and providing penalties. Read first time and attached to similar Senate File 375. House File 637, a bill for an act relating to the responsibilities and duties of the department of education, area education agencies, and the commission of libraries, including the renaming of the regional library system, the appointment of trustees for the unified library service area, and development of a biennial unified plan of service and service delivery in consultation with unified library service areas and area education agency media centers. Read first time and referred to committee on Education. House File 643, a bill for an act providing statutory revisions relating to the department of education, school districts, and the kindergarten through grade twelve educational program. Read first time and referred to committee on Education. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Flynn, until he arrives, on request of Senator Fink; Senators Rehberg and Tinsman, until they arrive, on request of Senator Boettger; and Senator Redfern, until he arrives, on request of Senator Angelo. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate File 449. Senate File 449 On motion of Senator Redwine, Senate File 449, a bill for an act exempting property owned and operated by an Indian housing authority from property tax and including an effective date, 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. 449), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Redwine Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn Redfern Rehberg Tinsman 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 File 375, House File 194, and Senate File 452. Senate File 375 On motion of Senator Rittmer, Senate File 375, a bill for an act relating to campaign finance law and providing penalties, was taken up for consideration. Senator Rittmer asked and received unanimous consent that action on Senate File 375 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Soukup, until she returns, on request of Senator Harper. House File 194 On motion of Senator Holveck, House File 194, a bill for an act relating to nonsubstantive Code corrections and including effective and retroactive applicability provisions, with report of committee recommending passage, was taken up for consideration. Senator Holveck 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. 194), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Redwine Rittmer Schuerer Sexton Shearer Veenstra Zieman Nays, none. Absent or not voting, 5: Flynn Redfern Rehberg Soukup Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 452 On motion of Senator Redwine, Senate File 452, 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, was taken up for consideration. Senator Johnson offered amendment S-3219, filed by her on March 21, 2001, to page 2 of the bill, and moved its adoption. Amendment S-3219 was adopted by a voice vote. Senator Johnson withdrew amendment S-3218, filed by her on March 21, 2001, to page 2 of the bill. Senator Johnson offered amendment S-3220, filed by her on March 21, 2001, to page 2 of the bill, and moved its adoption. Amendment S-3220 was adopted by a voice vote. 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. 452), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Redwine Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn Redfern Rehberg Tinsman 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 449 and 452 and House File 194 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 323, 407, and 410. Senate File 323 On motion of Senator Drake, Senate File 323, a bill for an act relating to the standard for investment of retirement funds by municipal utilities, with report of committee recommending passage, was taken up for consideration. Senator Drake withdrew amendment S-3215, filed by him on March 21, 2001, to page 1 of the bill. Senator Drake offered amendment S-3229, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S-3229 was adopted by a voice vote. 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. 323), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 3: Flynn Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 1:57 p.m. Senate File 407 On motion of Senator Fink, Senate File 407, a bill for an act relating to the regulatory authority and procedures of the department of natural resources by providing for the issuance of limited quota licenses and the issuance of licenses and permits by electronic means, 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. 407), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn McCoy Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 410 On motion of Senator Sexton, Senate File 410, a bill for an act relating to the application of certain air quality requirements to indoor emission units or air contaminant sources, was taken up for consideration. Senator Sexton offered amendment S-3228, filed by him from the floor to pages 1 and 2 of the bill, and moved its adoption. Amendment S-3228 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. 410), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 3: Flynn Rehberg Tinsman 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 323, 407, and 410 be immediately messaged to the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy, until he returns, on request of Senator Gronstal. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 228 and Senate File 263. House File 228 On motion of Senator Angelo, House File 228, a bill for an act relating to the duties of the department of public safety, with report of committee recommending passage, was taken up for consideration. Senator Angelo 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. 228), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn McCoy Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 263 On motion of Senator Freeman, Senate File 263, a bill for an act relating to balloon payments on consumer loans secured by a certificate of title in a motor vehicle, was taken up for consideration. Senator Freeman asked and received unanimous consent that House File 269 be substituted for Senate File 263. House File 269 On motion of Senator Freeman, 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, was taken up for consideration. Senator Fiegen asked and received unanimous consent that action on House File 269 be deferred. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 466 and 462. Senate File 466 On motion of Senator Miller, Senate File 466, a bill for an act relating to child care and protection public policy provisions involving children, 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. 466), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 3: Flynn Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 462 On motion of Senator Sexton, Senate File 462, a bill for an act relating to the energy loan fund administered by the department of natural resources, was taken up for consideration. 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. 462), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink 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 Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 3: Flynn Rehberg Tinsman 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 462 and 466 and House File 228 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 446 and 84. Senate File 446 On motion of Senator Zieman, Senate File 446, a bill for an act providing an exception to motor vehicle lighting requirements for drivers of police vehicles, was taken up for consideration. Senator Zieman offered amendment S-3231, filed by him from the floor to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3231 be adopted?" (S.F. 446), the vote was: Ayes, 33: Angelo Bartz Behn Boettger Dearden Deluhery Drake Fink Freeman Gaskill Greiner Gronstal Hansen Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rittmer Schuerer Sexton Veenstra Zieman Nays, 14: Black Bolkcom Connolly Dvorsky Fiegen Fraise Hammond Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 3: Flynn Rehberg Tinsman Amendment S-3231 was adopted. Senator Hammond asked and received unanimous consent that action on Senate File 446 be deferred. Senate File 84 On motion of Senator Johnson, Senate File 84, a bill for an act prohibiting the sale or distribution of purple loosestrife, was taken up for consideration. Senator Greiner offered amendment S-3008, filed by her on January 30, 2001, to page 1 of the bill. Senator Greiner offered amendment S-3236, filed by her from the floor to page 1 of amendment S-3008. Senator Greiner withdrew amendments S-3236 and S-3008. The Senate stood at ease at 3:15 p.m. until the fall of the gavel. The Senate resumed session at 3:17 p.m., President Kramer presiding. Senator Greiner offered amendment S-3232, filed by her from the floor to page 1 and to the title page of the bill. Senator Greiner called for a division of amendment S-3232: Division S-3232A: Lines 2-3; and Division S-3232B: Lines 4-32. Senator Greiner withdrew division S-3232A. Senator Johnson asked and received unanimous consent that action on division S-3232B and Senate File 84 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 3:40 p.m. until 5:30 p.m. EVENING SESSION The Senate reconvened at 5:47 p.m., President Pro Tempore McKean presiding. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 39 present, 11 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 26, 2001, adopted the following resolution in which the concurrence of the House was asked: 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. ALSO: That the House has on March 26, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 73, a bill for an act relating to the powers and duties of the executive director of the commission of veterans affairs by providing for the recognition of honor guard units of veterans organizations to perform honor guard services. Read first time and referred to committee on State Government. House File 384, a bill for an act relating to the elimination of programs and duties of the department of economic development. Read first time and referred to committee on Small Business, Economic Development, and Tourism. House File 535, a bill for an act allowing cities to issue general obligation bonds, revenue bonds, or loan agreements to fund the construction and equipping of child care centers and providing an effective date. Read first time and referred to committee on Local Government. House File 579, a bill for an act relating to the administration and management of the department of personnel. Read first time and referred to committee on State Government. House File 590, a bill for an act relating to the testing of individuals and the release of the results of tests for communicable and infectious diseases and for the human immunodeficiency virus and making penalties applicable. Read first time and referred to committee on Human Resources. House File 669, a bill for an act relating to the acceptance and administration of trusts by a school corporation board of directors. Read first time and referred to committee on Education. House File 674, a bill for an act relating to the reorganization or dissolution of an area education agency. Read first time and referred to committee on Education. House File 678, a bill for an act relating to child custody and visitation including the requirement of mediation when a custody arrangement is disputed. Read first time and referred to committee on Judiciary. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Kramer, until she returns, on request of Senator Iverson; and Senator Redwine, until he returns, on request of Senator Hansen. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 179 and Senate Files 224 and 470. House File 179 On motion of Senator Zieman, House File 179, a bill for an act relating to excluding from confinement dogs used by police or correctional officers, with report of committee recommending passage, was taken up for consideration. Senator Zieman 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. 179), the vote was: Ayes, 46: 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 Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Kramer Redwine Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 224 On motion of Senator Lamberti, Senate File 224, a bill for an act relating to exceptions to the required participation in a court- approved course prior to the granting of a final dissolution of marriage decree or the entering of a final custody order, was taken up for consideration. Senator Lamberti offered amendment S-3177, filed by him on March 13, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3177 was adopted by a voice vote. Senator Lamberti asked and received unanimous consent that action on Senate File 224 be deferred. Senate File 470 On motion of Senator Greiner, Senate File 470, a bill for an act relating to the regulation of infectious and contagious diseases in animals, and providing for penalties, was taken up for consideration. Senator Greiner 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. 470), the vote was: Ayes, 46: 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 Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Kramer Redwine Rehberg Tinsman 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 470 and House File 179 be immediately messaged to the House. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 461, 459, and 339. Senate File 461 On motion of Senator Freeman, Senate File 461, a bill for an act relating to advertising devices placed along interstate highways, 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. 461), the vote was: Ayes, 46: 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 Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Kramer Redwine Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 459 On motion of Senator King, Senate File 459, a bill for an act providing for the protection of proprietary rights and collection of fees and revenue for software, network designs, and technology applications of the Iowa communications network, was taken up for consideration. Senator King offered amendment S-3234, filed by him from the floor to page 1 and to the title page of the bill, and moved its adoption. Amendment S-3234 was adopted by a voice vote. Senator King asked and received unanimous consent that House File 470 be substituted for Senate File 459. House File 470 On motion of Senator King, 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, was taken up for consideration. Senator King 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. 470), the vote was: Ayes, 46: 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 Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Kramer Redwine Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator King asked and received unanimous consent that Senate File 459 be withdrawn from further consideration of the Senate. Senate File 339 On motion of Senator Sexton, Senate File 339, a bill for an act relating to scheduled fines for hunting and fishing violations, was taken up for consideration. 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. 339), the vote was: Ayes, 46: 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 Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Kramer Redwine Rehberg Tinsman 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 339 and 461 and House File 470 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 456. Senate File 456 On motion of Senator Greiner, Senate File 456, a bill for an act relating to agricultural production, by prohibiting acts relating to facilities or operations, making penalties applicable, and providing penalties and civil liability, was taken up for consideration. Senator Greiner offered amendment S-3233, filed by her from the floor to pages 3, 4, 6, and 7 of the bill, and moved its adoption. Amendment S-3233 was adopted by a voice vote. Senator Greiner asked and received unanimous consent that House File 502 be substituted for Senate File 456. House File 502 On motion of Senator Greiner, House File 502, a bill for an act relating to agricultural production, by prohibiting acts relating to facilities or operations, making penalties applicable, and providing penalties and civil liability, was taken up for consideration. Senator Fiegen asked and received unanimous consent that action on House File 502 be deferred. BUSINESS PENDING House File 269 The Senate resumed consideration of 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, previously deferred. Senator Bartz took the chair at 6:45 p.m. 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?" (H.F. 269), the vote was: Ayes, 46: 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 Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Shearer Soukup Veenstra Zieman Nays, none. Absent or not voting, 4: Kramer Redwine Rehberg Tinsman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Freeman asked and received unanimous consent that Senate File 263 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 346. Senate File 346 On motion of Senator McKean, Senate File 346, a bill for an act relating to the department of corrections by providing for the use of deadly force by correctional or peace officers, for submission of presentence investigation reports to the department, for establishing a training fund in the department, for transcription and recording of testimony for certain investigations conducted by the department of corrections, and for purchases by a department or agency from Iowa state industries, was taken up for consideration. Senator Holveck asked and received unanimous consent that action on Senate File 346 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 269 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred March 20, 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 March 20, 2001. Senator Dearden offered amendment S-3198, filed by him on March 20, 2001, to page 2 and to the title page of the bill, and moved its adoption. Amendment S-3198 lost by a voice vote. Senator Gronstal offered amendment S-3208, filed by him on March 21, 2001, to page 2 and to the title page of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3208 be adopted?" (S.F. 170), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Miller Shearer Soukup Nays, 24: Angelo Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley McLaren Redfern Rittmer Schuerer Sexton Veenstra Zieman Absent or not voting, 4: Kramer Redwine Rehberg Tinsman Amendment S-3208 lost. Senator Schuerer 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. 170), 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 Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Rittmer Schuerer Sexton Veenstra Zieman Nays, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 3: Redwine Rehberg Tinsman 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 170 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:08 p.m. until 9:00 a.m. Tuesday, March 27, 2001. APPENDIX SIMILAR BILL RECEIVED On March 22, 2001, House File 630 was received and attached to similar Senate File 375 on the Senate calendar. BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 26th day of March, 2001: Senate File 276. MICHAEL E. MARSHALL Secretary of the Senate REFERRAL TO INDIVIDUAL CONFIRMATION CALENDAR MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the following name be removed from the "En Bloc Confirmation Calendar" and placed on the "Individual Confirmation Calendar": Diane Kolmer - Information Technology Council STEWART E. IVERSON, JR. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 26, 2001, when the votes were taken on Senate Files 323, 407, 410, 449, 452, 462, and 466 and House Files 194 and 228. Had I been present, I would have voted "Aye" on all. TOM FLYNN STUDY BILLS RECEIVED SSB 1252 Ways and Means Establishing a small business growth initiative by adjusting the allocation to Iowa of income earned by an S corporation for purposes of the state individual income tax and including a retroactive applicability date provision. SSB 1253 Ways and Means Establishing an interstate distribution center initiative by identifying an activity of a foreign corporation which does not constitute doing business in or deriving income from sources within the state and for which a return is not required for state income tax purposes and including effective and retroactive applicability date provisions. SSB 1254 Ways and Means Establishing a new economy employment initiative by providing for a partial deduction under the individual income tax for the capital gain from the sale or exchange of capital stock of a corporation which was acquired by an individual on account of employment with the corporation, limiting the fiscal impact of the partial deductions, and including an effective and retroactive applicability date provision. SSB 1255 Ways and Means Relating to a community renewal initiative by establishing a community development program to provide tax credits for income tax, franchise tax, and premiums tax for businesses contributing to community development projects to aid certain neighborhoods and communities or contributing to child care benefits for employees and including effective and applicability date provisions. SUBCOMMITTEE ASSIGNMENTS House File 458 JUDICIARY: Boettger, Chair; Angelo and Hansen House File 518 JUDICIARY: Miller, Chair; Holveck and McKean House File 550 JUDICIARY: Angelo, Chair; Horn and Miller House File 560 HUMAN RESOURCES: Bartz, Chair; Boettger and Hammond House File 587 JUDICIARY: Redfern, Chair; Fraise and Tinsman SSB 1252 WAYS AND MEANS: McKibben, Chair; Deluhery and McKinley SSB 1253 WAYS AND MEANS: Redwine, Chair; Bolkcom and Maddox SSB 1254 WAYS AND MEANS: McKibben, Chair; Deluhery and Redwine SSB 1255 WAYS AND MEANS: McKinley, Chair; Drake and Harper AMENDMENTS FILED S-3228 S.F. 410 Mike Sexton S-3229 S.F. 323 Richard F. Drake S-3230 S.F. 478 Andy McKean Thomas Fiegen S-3231 S.F. 446 Mark Zieman S-3232 S.F. 84 Sandra Greiner S-3233 S.F. 456 Sandra Greiner S-3234 S.F. 459 Steve King S-3235 S.F. 348 Bill Fink S-3236 S.F. 84 Sandra Greiner S-3237 S.F. 348 Jeff Angelo S-3238 S.F. 465 Mike Sexton S-3239 S.F. 478 Andy McKean S-3240 S.F. 375 Andy McKean John P. Kibbie S-3241 H.F. 630 Andy McKean John P. Kibbie S-3242 S.F. 84 JoAnn Johnson Merlin E. Bartz Dennis H. Black Mary Lou Freeman S-3243 S.F. 84 Sandra Greiner S-3244 H.F. 324 Richard F. Drake John P. Kibbie S-3245 S.F. 375 Sheldon Rittmer Patrick J. Deluhery S-3246 H.F. 630 Sheldon Rittmer Patrick J. Deluhery 806 JOURNAL OF THE SENATE 78th Day 78th Day MONDAY, MARCH 26, 2001 807
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