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EIGHTIETH CALENDAR DAY FORTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, March 28, 2001 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by the Reverend Ray A. Holmquist, pastor of St. Mark Lutheran Church in Storm Lake, Iowa, guest of Senator Freeman. The Journal of Tuesday, March 27, 2001, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McKibben, until he arrives, on request of Senator Iverson. BILL RE-REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 71 be re-referred from the Regular Calendar to the committee on Ways and Means. RECESS On motion of Senator Iverson, the Senate recessed at 9:15 a.m. until 5:00 p.m. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Rusty Donnelly, Independence - For receiving the WaMaC all-academic award. Senator Rehberg (03/28/01). Independence High School All-State Jazz Band, Independence - For being selected to the All-State Jazz Band. Senator Rehberg (03/28/01). Mercy Hospital of Franciscan Sisters, Oelwein - For 75 years of dedicated service to the community of Oelwein. Senator Rehberg (03/28/01). REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 28, 2001, 3:06 p.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Shearer, Soukup, and Veenstra. Members Absent: Black, Sexton, and Zieman (all excused). Committee Business: Passed HFs 581 (as amended) and 628. Adjourned: 4:06 p.m. COMMERCE Convened: March 28, 2001, 3:05 p.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. Members Absent: None. Committee Business: Passed HFs 271 and 569. Approved Governor's appointees. Adjourned: 3:20 p.m. EDUCATION Convened: March 28, 2001, 10:08 a.m. Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Dvorsky, Fink, Harper, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Members Absent: Kramer (excused). Committee Business: Passed HF 270. Approved Governor's appointees. Adjourned: 10:29 a.m. HUMAN RESOURCES Convened: March 28, 2001, 10:40 a.m. Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking Member; Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Members Absent: None. Committee Business: Passed HFs 178, 310, 341 (as amended), and 560. Approved Governor's appointees. Adjourned: 11:30 a.m. LOCAL GOVERNMENT Convened: March 28, 2001, 2:05 p.m. Members Present: Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member; Bartz, Black, Fraise, Gaskill, Johnson, McKibben, and Schuerer. Members Absent: Horn, McCoy, and Zieman (all excused). Committee Business: Passed HF 301. Approved Governor's appointee. Adjourned: 2:13 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: March 28, 2001, 1:08 p.m. Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member; Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Holveck, Lamberti, McKinley, and Veenstra. Members Absent: None. Committee Business: Passed HF 383. Approved Governor's appointees. Adjourned: 1:15 p.m. STATE GOVERNMENT Convened: March 28, 2001, 2:08 p.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, and Rittmer. Members Absent: Sexton (excused). Committee Business: Passed HFs 225 and 451. Adjourned: 2:35 p.m. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 21, by King, McKinley, Behn, Veenstra, Rittmer, Jensen, Drake, Zieman, Rehberg, Angelo, Johnson, Lamberti, Freeman, McKean, Miller, McKibben, Sexton, Gaskill, Redwine, Schuerer, Iverson, Kramer, McLaren, Boettger, Maddox, and Kibbie, a concurrent resolution to call upon the President and the Congress of the United States to intervene on behalf of the cattle industry in Iowa prior to the United States Environmental Protection Agency's implementation of the agency's interpretation of the 1972 Clean Water Act. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILL Senate File 514, by committee on Ways and Means, a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability. Read first time under Rule 28 and placed on Ways and Means calendar. SUBCOMMITTEE ASSIGNMENTS Senate File 139 APPROPRIATIONS: Angelo, Chair; Dvorsky and Lamberti Senate File 379 APPROPRIATIONS: Kramer, Chair; Connolly and Lamberti Senate File 457 APPROPRIATIONS: Lamberti, Chair; Connolly and Lundby House File 575 EDUCATION: Redwine, Chair; Connolly and Rehberg House File 635 BUSINESS AND LABOR RELATIONS: King, Chair; Dearden and Schuerer House File 637 EDUCATION: Rehberg, Chair; Dvorsky and McKinley House File 643 EDUCATION: Boettger, Chair; Dvorsky and Veenstra House File 655 HUMAN RESOURCES: Veenstra, Chair; Boettger and Harper House File 669 EDUCATION: Redfern, Chair; Harper and Veenstra House File 674 EDUCATION: Redwine, Chair; Rehberg and Soukup House File 680 HUMAN RESOURCES: Tinsman, Chair; Harper and Miller COMMITTEE REPORTS EDUCATION Final Bill Action: HOUSE FILE 270, a bill for an act striking certain filing requirements related to campus crime statistics and sexual abuse policies. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, McKinley, Redfern, Redwine, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 3: Harper, Kramer, and Soukup. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Final Bill Action: HOUSE FILE 383, a bill for an act relating to the designation of model communities in projects, pilot projects, or similar initiatives undertaken by the governor or the executive branch. Recommendation: DO PASS. Final Vote: Ayes, 13: Rehberg, Zieman, Shearer, Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Holveck, Lamberti, McKinley, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 514 (formerly SF 226), a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: McKibben, McKinley, Bolkcom, Deluhery, Drake, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, 3: Harper, Connolly, and Holveck. Absent or not voting, 1: Flynn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILLS 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 bills have 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 28th day of March, 2001: Senate Files 146 and 509. MICHAEL E. MARSHALL Secretary of the Senate BILL SIGNED BY THE GOVERNOR A communication was received announcing that on March 28, 2001, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 276 - Relating to the licensure of persons acting as insurance producers, providing an effective date, and applying penalties. GOVERNOR'S APPOINTEE PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the Individual Confirmation Calendar with recommendation for confirmation: COMMERCE Allan Thoms - Chair of Utilities Board GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation: COMMERCE James E. Forney - Superintendent of Credit Unions Becky Hansen - Credit Union Review Board Diane Kollasch - Credit Union Review Board Mark Schouten - Iowa Telecommunications and Technology Commission Berneil Preul - Title Guaranty Division Board Lynn Smith - Title Guaranty Division Board Allan Thoms - Utilities Board EDUCATION Hector Ibarra - Board of Educational Examiners Amir Arbisser - State Board of Regents Sue Nieland - State Board of Regents Clark Yeager - School Budget Review Committee LOCAL GOVERNMENT Nate Parker - Iowa Lewis and Clark Bicentennial Commission SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Usha Balakrishnan - Iowa Economic Development Board Nicholas Henderson - Small Business Advisory Council Douglas LaBounty - Small Business Advisory Council AFTERNOON SESSION The Senate reconvened at 5:06 p.m., Senator Angelo presiding. QUORUM CALL Senator Jensen requested a nonrecord roll call to determine that a quorum was present. The vote revealed 35 present, 15 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 28, 2001, adopted the following resolutions in which the concurrence of the Senate is asked: House Concurrent Resolution 13, a concurrent resolution relating to a biennial memorial session. Read first time and referred to committee on Rules and Administration. House Concurrent Resolution 14, a concurrent resolution relating to Pioneer Lawmakers. Read first time and referred to committee on Rules and Administration. ALSO: That the House has on March 28, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 519, a bill for an act relating to the qualifications and duties of the clerk of court. Read first time and passed on file. House File 598, a bill for an act establishing a child protection center grant program. Read first time and referred to committee on Human Resources. House File 629, a bill for an act providing for a weed-free certification program for forage or mulch, and establishing fees. Read first time and referred to committee on Agriculture. House File 662, a bill for an act relating to Iowa's community empowerment initiative and providing an effective date. Read first time and referred to committee on Human Resources. House File 681, a bill for an act requiring the pledging of collateral in relation to the deposit of uninsured public funds, making related changes, making penalties applicable, and providing for applicability. Read first time and referred to committee on Commerce. House File 692, a bill for an act relating to mandatory disclosures in certain political telephone communications, and applying a penalty. Read first time and referred to committee on State Government. House File 697, a bill for an act relating to an Iowa new economy council. Read first time and referred to committee on Small Business, Economic Development, and Tourism. The Senate stood at ease at 5:11 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 5:27 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Zieman, until he arrives, on request of Senator Iverson; and Senator Flynn, until he arrives, on request of Senator Hansen. CONSIDERATION OF BILLS (Regular Calendar) Senator Veenstra asked and received unanimous consent to take up for consideration Senate Files 486 and 485. Senate File 486 On motion of Senator Angelo, Senate File 486, a bill for an act relating to the assessment of a law enforcement initiative surcharge on certain criminal offenses, 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?" (S.F. 486), the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Connolly 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 McKinley McLaren Redfern Redwine Rittmer Shearer Soukup Tinsman Veenstra Nays, 7: Bolkcom Dearden McKibben Miller Rehberg Schuerer Sexton Absent or not voting, 2: Flynn Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 485 On motion of Senator Lamberti, Senate File 485, a bill for an act relating to jurisdiction in criminal forfeiture proceedings, was taken up for consideration. Senator Lamberti offered amendment S-3260, filed by him on March 27, 2001, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-3260 was adopted by a voice vote. 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. 485), the vote was: Ayes, 48: 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 Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Nays, none. Absent or not voting, 2: Flynn Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred March 27, 2001) House File 324 The Senate resumed consideration of House File 324, a bill for an act relating to transportation, including provisions on road projects, vehicle sales, movement, and reports, and mailing of notices, and providing a penalty and an effective date, deferred March 27, 2001. Senator Drake filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3221 to House File 324 was adopted by the Senate on March 27, 2001. The motion prevailed by a voice vote and amendment S-3221, by the committee on Transportation to pages 6 and 7 of the bill, was taken up for reconsideration. Senator Drake filed the following motion to reconsider from the floor and moved its adoption: MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3244 to amendment S-3221 to House File 324 was adopted by the Senate on March 27, 2001. The motion prevailed by a voice vote and amendment S-3244, by Senators Drake and Kibbie to page 1 of amendment S-3221, was taken up for reconsideration. Senator Drake offered amendment S-3275, filed by Senators Drake, et al., from the floor to pages 2-7 of the bill, and moved its adoption. Amendment S-3275 was adopted by a voice vote. With the adoption of amendment S-3275, the Chair ruled amendment S-3244 to amendment S-3221, and amendment S-3221, out of order. Senator Shearer asked and received unanimous consent to withdraw amendment S-3276, filed by him from the floor to page 23 of the bill. 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?" (H.F. 324), the vote was: Ayes, 49: 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 Nays, none. Absent or not voting, 1: Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 313, 429, and 335. Senate File 313 On motion of Senator McKibben, Senate File 313, a bill for an act relating to removal of county board of supervisor appointees, with report of committee recommending passage, was taken up for consideration. Senator McKibben 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. 313), the vote was: Ayes, 49: 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 Nays, none. Absent or not voting, 1: Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 429 On motion of Senator King, Senate File 429, a bill for an act relating to price regulation for local exchange carriers, by changing certain definitions related to price regulation, permitting certain rate increases, requiring certain network infrastructure investments, and making related changes, with report of committee without recommendation, was taken up for consideration. Senator Bolkcom asked and received unanimous consent that action on Senate File 429 be deferred. Senate File 335 On motion of Senator Greiner, Senate File 335, a bill for an act relating to species of animals by classifying certain species as livestock and providing exemptions from the sales and use tax for feed used to support the species, with report of committee on Ways and Means recommending passage, was taken up for consideration. Senator Fraise asked unanimous consent that action Senate File 335 be deferred. Senator Fraise withdrew his request to defer. 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. 335), the vote was: Ayes, 49: 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 Nays, none. Absent or not voting, 1: Zieman 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 313, 335, 485, and 486 and House File 324 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 500 and 505. Senate File 500 On motion of Senator Redfern, Senate File 500, 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, was taken up for consideration. Senator Redfern offered amendment S-3274, filed by him from the floor to page 4 of the bill, and moved its adoption. Amendment S-3274 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. 500), the vote was: Ayes, 49: 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 Nays, none. Absent or not voting, 1: Zieman The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 505 On motion of Senator Tinsman, Senate File 505, a bill for an act requiring establishment of community review committees and county child protection assistance teams, was taken up for consideration. Senator Tinsman offered amendment S-3273, filed by Senators Tinsman, et al., from the floor to pages 1, 2, and 4 of the bill, and moved its adoption. Amendment S-3273 was adopted by a voice vote. Senator Tinsman 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. 505), 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 Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Sexton Shearer Soukup Tinsman Veenstra Nays, 1: Schuerer Absent or not voting, 1: Zieman 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 500 and 505 be immediately messaged to the House. 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 28, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 583, a bill for an act relating to the certification of persons providing water pump services. Read first time and referred to committee on Natural Resources and Environment. House File 624, a bill for an act relating to the appointment and dismissal of a police chief or marshal under a mayor-council form of city government. Read first time and referred to committee on Local Government. House File 656, a bill for an act relating to the licensing and regulation of manufactured or mobile homes and providing coordinating amendments. Read first time and attached to companion Senate File 478. House File 686, a bill for an act relating to provision of notice prior to the provision of products or services by state agencies or political subdivisions. Read first time and referred to committee on State Government. House File 694, a bill for an act relating to housing by creating a housing trust fund and a housing trust commission. Read first time and referred to committee on Small Business, Economic Development, and Tourism. House File 695, a bill for an act relating to the school-to-career program. Read first time and referred to committee on Education. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:32 p.m. until 9:00 a.m. Thursday, March 29, 2001. APPENDIX COMPANION BILL RECEIVED On March 28, 2001, House File 656 was received and attached to companion Senate File 478 on the Senate calendar. REPORT OF COMMITTEE MEETING JUDICIARY Convened: March 28, 2001, 4:05 p.m. Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member; Angelo, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Members Absent: Boettger (excused). Committee Business: Passed HFs 272 and 550. Approved Governor's appointees. Adjourned: 4:55 p.m. COMMITTEE REPORTS AGRICULTURE Final Bill Action: HOUSE FILE 628, a bill for an act relating to the regulation of grain dealers by providing an exception for limited liability companies that produce renewable fuel. Recommendation: DO PASS. Final Vote: Ayes, 10: McLaren, Behn, Angelo, Bartz, Gaskill, Greiner, Kibbie, Shearer, Soukup, and Veenstra. Nays, 2: Fraise and Fiegen. Absent or not voting, 3: Black, Sexton, and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: HOUSE FILE 271, a bill for an act adding specified document preparation and modification to the list of acts defining the activities of a real estate broker. Recommendation: DO PASS. 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. ALSO: Final Bill Action: HOUSE FILE 569, a bill for an act relating to the proposed uniform computer information transactions Act. Recommendation: DO PASS. 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. HUMAN RESOURCES Final Bill Action: HOUSE FILE 178, a bill for an act applying child in need of assistance and child abuse provisions to a child whose parent or guardian or the person responsible for the child's care has manufactured or possessed a dangerous substance in a child's presence. Recommendation: DO PASS. Final Vote: Ayes, 13: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 310, a bill for an act relating to child support enforcement, including disclosure of certain juvenile court records to the child support recovery unit, waiting periods for administrative review and adjustment of orders, and federal tax and nontax setoff payments for accrued support, and providing effective dates. Recommendation: DO PASS. Final Vote: Ayes, 13: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 341, a bill for an act relating to informed consent to an abortion and providing a criminal penalty, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 7: Redwine, Bartz, Behn, Boettger, Miller, Schuerer, and Veenstra. Nays, 6: Tinsman, Hammond, Dvorsky, Harper, Holveck, and Shearer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: HOUSE FILE 272, a bill for an act relating to felonious misconduct by a public officer or employee and providing a penalty. Recommendation: DO PASS. Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 1: Boettger. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 550, a bill for an act adding the offense of criminal transmission of human immunodeficiency virus to the list of criminal offenses that require registration under the sex offender registry and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 1: Boettger. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 10: Miller, Angelo, Hansen, Bartz, Black, Fraise, Gaskill, Johnson, McKibben, and Schuerer. Nays, none. Absent or not voting, 3: Horn, McCoy, and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE FILE 225, a bill for an act providing for the reorganization of districts for the election of Iowa state fair board directors, and providing for an election. Recommendation: DO PASS. Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, and Rittmer. Nays, none. Absent or not voting, 1: Sexton. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 451, a bill for an act regulating the practice of accounting, establishing fees, providing penalties, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, and Rittmer. Nays, none. Absent or not voting, 1: Sexton. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March 28, 2001, when the votes were taken on Senate Files 485 and 486. Had I been present, I would have voted "Aye" on both. TOM FLYNN GOVERNOR'S APPOINTEE PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the Individual Confirmation Calendar with recommendation for confirmation: JUDICIARY Richard G. Moore - Administrator of the Division of Criminal and Juvenile Justice Planning GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation: HUMAN RESOURCES Judith Roddy - Board of Behavioral Science Examiners Vilia Tarvydas - Board of Behavioral Science Examiners Clemmie Hightower - Commission of Elder Affairs Yogesh Shah - Commission of Elder Affairs Matthew Mohrfeld - Iowa Empowerment Board Elaine Szymoniak - Iowa Empowerment Board Lil Perry - State Citizen Foster Care Review Board Gary Butz - Health Facilities Council Roger Hartman - Council on Human Services James Miller - Council on Human Services Sally Alt - Mental Health and Developmental Disabilities Commission Michael Bergan - Mental Health and Developmental Disabilities Commission Murlean Hall - Mental Health and Developmental Disabilities Commission David Carlyle - Commission on Tobacco Use Prevention and Control JUDICIARY Timothy Tutt - Iowa State Civil Rights Commission Gilberto Solivan - Iowa State Civil Rights Commission Monica Murray - Criminal and Juvenile Justice Planning Advisory Council Pamela Dettmann - Iowa Drug Policy Advisory Council STATE GOVERNMENT Linda Hopkins - Accountancy Examining Board Wesley Stille - Accountancy Examining Board Robert Tyson - Commission on the Status of African-Americans Gayle Collins - Alcoholic Beverages Commission Dale McKinney - Architectural Examining Board Susan McKinney - Architectural Examining Board Rod Rebarcak - Board of Chiropractic Examiners Mary Myers - Board of Cosmetology Arts and Sciences Examiners Richard Reay - Board of Dental Examiners Jean Anderson - Board of Dietetic Examiners Susan Lagneaux - Iowa Emergency Response Commission Diana Hoogestraat - Engineering and Land Surveying Examining Board Michael Smith - Board for the Licensing and Regulation of Hearing Aid Dealers Michael Wolnerman - Board for the Licensing and Regulation of Hearing Aid Dealers Ann Hutchinson - Investment Board of the IPERS Bruce Kelley - Investment Board of the IPERS Joanne Stockdale - Investment Board of the IPERS Jon Crose - Landscape Architectural Examining Board Jeanine Grady - Board of Massage Therapy Examiners Dale Holdiman - Board of Medical Examiners Ronald Hofbauer - Board of Mortuary Science Examiners Ricard Porter - Board of Mortuary Science Examiners Linda Brady - Board of Nursing Examiners William Miller - Board of Nursing Examiners Claudia Boeding - State Board of Examiners for Nursing Home Administrators Judy Weller - State Board of Examiners for Nursing Home Administrators Christopher Olson - Board of Optometry Examiners G. Kay Bolton - Board of Pharmacy Examiners Michael Seifert - Board of Pharmacy Examiners Cheryl Stewart - Board of Physical and Occupational Therapy Examiners Martin Ungs - Board of Physical and Occupational Therapy Examiners Kurt Walderbach - Board of Physical and Occupational Therapy Examiners Eric Jensen - Board of Podiatry Examiners Kim Lozier - Board of Podiatry Examiners Richard Bruce - Real Estate Appraiser Examining Board Lance Clemsen - Board of Social Work Examiners Janice McCoy - Board of Social Work Examiners Jennifer Oman - Board of Social Work Examiners Joyce Westphal - Board of Social Work Examiners Laura Johnson - Board of Speech Pathology and Audiology Examiners Kenneth Lowder - Board of Speech Pathology and Audiology Examiners Gregg Connell - Vision Iowa Board Jerry Kearns - Vision Iowa Board AMENDMENTS FILED S-3273 S.F. 505 Maggie Tinsman David Miller Nancy Boettger John Redwine Johnie Hammond S-3274 S.F. 500 Donald B. Redfern S-3275 H.F. 324 Richard F. Drake John P. Kibbie Sheldon Rittmer Dick L. Dearden S-3276 H.F. 324 Mark Shearer 886 JOURNAL OF THE SENATE 80th Day 80th Day WEDNESDAY, MARCH 28, 2001 885
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