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Senate Journal: Wednesday, March 28, 2001

  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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