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EIGHTY-FIFTH CALENDAR DAY FORTY-NINTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 2, 2001 The Senate met in regular session at 1:12 p.m., President Kramer presiding. Prayer was offered by the Honorable Ken Veenstra, member of the Senate from Sioux County, Orange City, Iowa. The Journal of Thursday, March 29, 2001, was approved. RECESS On motion of Senator Iverson, the Senate recessed at 1:15 p.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 1:16 p.m., President Kramer presiding. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Fraise, until he arrives, on request of Senator Soukup; and Senator McLaren, until he arrives, on request of Senator Jensen. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 289. Senate File 289 On motion of Senator Bartz, Senate File 289, a bill for an act relating to open burn notifications and providing a penalty, with report of committee recommending amendment and passage, was taken up for consideration. Senator Bartz offered amendment S-3175, filed by the committee on Local Government on March 8, 2001, to page 1 of the bill. Senator Bartz offered amendment S-3225, filed by him on March 22, 2001, to page 1 of amendment S-3175, and moved its adoption. Amendment S-3225 was adopted by a voice vote. Senator Bartz moved the adoption of amendment S-3175, as amended, which motion prevailed by a voice vote. Senator Tinsman offered amendment S-3252, filed by her on March 27, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3252 was adopted by a voice vote. Senator Bartz moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 289), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Fiegen Flynn Freeman Gaskill Hansen Harper Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKibben Redfern Redwine Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Greiner Gronstal Hammond Holveck Lundby McKean McKinley Miller Rehberg Shearer Soukup Absent or not voting, 2: Fraise McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONFIRMATION OF GOVERNOR'S APPOINTMENTS (Individual Confirmation Calendar) Senator Iverson called up the appointment of Walter L. Kautzky, as Director of the Department of Corrections, placed on the Individual Confirmation Calendar on March 5, 2001, and found on page 508 of the Senate Journal. Senator Angelo moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 1: Shearer Absent or not voting, 2: Fraise McLaren The appointee, having received a two-thirds vote, was declared to have been confirmed by the Senate. Senator Iverson called up the appointment of Allan Thoms, as Chair of the Utilities Board, placed on the Individual Confirmation Calendar on March 28, 2001, and found on page 891 of the Senate Journal. Senator Johnson moved that the foregoing appointment be confirmed by the Senate. On the question "Shall the appointee be confirmed?" the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Drake Fiegen Flynn Freeman Gaskill Greiner Gronstal Hammond Harper Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 7: Bolkcom Dvorsky Fink Hansen Holveck Shearer Soukup Absent or not voting, 2: Fraise McLaren The appointee, having received a two-thirds vote, was declared to have been confirmed by the Senate. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Joint Resolution 3. Senate Joint Resolution 3 On motion of Senator McKean, Senate Joint Resolution 3, a joint resolution authorizing the sixth judicial district department of correctional services to extend a lease-purchase agreement and providing an effective date, was taken up for consideration. Senator McKean moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the resolution was read the last time. Senate Joint Resolution 3, a joint resolution authorizing the sixth judicial district department of correctional services to extend a lease-purchase agreement and providing an effective date. WHEREAS, the sixth judicial district department of correctional services entered into a lease-purchase agreement with Merchants National Bank of Cedar Rapids on April 1, 1991, for real property located in Johnson and Linn counties where the current community- based correctional facilities are now located; and WHEREAS, the lease-purchase agreement was assigned to Firstar Bank of Milwaukee; and WHEREAS, the sixth judicial district department of correctional services is desirous to exercise an option in the lease-purchase agreement to acquire approximately ten acres of real property located next to the community-based correctional facility in Cedar Rapids, Iowa; and WHEREAS, the current lease-purchase agreement is for a term commencing on April 25, 1991, and ending on June 1, 2006; and WHEREAS, the sixth judicial district department of correctional services requests authorization from the general assembly pursuant to Code section 905.4, subsection 5, for an extension of the lease- purchase agreement with Firstar Bank of Milwaukee; and WHEREAS, the requested extension of the lease-purchase agreement is for a term commencing on June 1, 2006, and ending on June 1, 2008; and WHEREAS, current funding is adequate to meet the extension of the lease-purchase obligation and no general fund moneys need to be appropriated to extend the lease-purchase agreement; NOW THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. AUTHORIZATION BY GENERAL ASSEMBLY. The general assembly pursuant to Code section 905.4, subsection 5, authorizes the sixth judicial district department of correctional services to extend for a period of two years, from June 1, 2006, through June 1, 2008, the lease-purchase agreement entered into with Merchants National Bank of Cedar Rapids on April 1, 1991, and assigned to Firstar Bank of Milwaukee. The general assembly acknowledges that the sixth judicial district department of correctional services has adequate funding to meet the extension of the lease-purchase agreement and that no state general fund appropriations need to be made to extend the lease-purchase agreement. Section 2. EFFECTIVE DATE. This joint resolution, being deemed of immediate importance, takes effect upon enactment. On the question "Shall the resolution be adopted?" (S.J.R. 3), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Fraise McLaren The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Joint Resolution 3 and Senate File 289 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 2:01 p.m. until 5:00 p.m. APPENDIX COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: April 2, 2001 CAPITOL PLANNING COMMISSION 2000 Annual Report, pursuant to Iowa Code section 18A.3. DEPARTMENT OF PUBLIC HEALTH Organized Delivery Systems in Iowa: A Report to the General Assembly, pursuant to 1993 Acts, chapter 158. 2000 Iowa Termination of Pregnancy Report, pursuant to Iowa Code chapter 144.29A. Vital Statistics 1999, pursuant to Iowa Code chapter 144.5(5). CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Rosalina Wilhelmina Hermina Krause Meyers - For celebrating your 102nd birthday on April 1, 2001. Senator Gaskill (04/01/01). 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": Allan Thoms - Utilities Board JOHN P. KIBBIE REPORTS OF COMMITTEE MEETINGS RULES AND ADMINISTRATION Convened: March 29, 2001, 9:16 a.m. Members Present: Kramer, Vice Chair; Gronstal, Ranking Member; Boettger, Dvorsky, Fink, Gaskill, Harper, and Rittmer. Members Absent: Iverson, Chair; Johnson and McKean (all excused). Committee Business: Passed SCR 21. Adjourned: 9:18 a.m. ALSO: Convened: April 2, 2001, 1:16 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and Rittmer. Members Absent: Gronstal, Ranking Member; and McKean (both excused). Committee Business: Passed HCRs 13 and 14. Adjourned: 1:17 p.m. AGRICULTURE Convened: April 2, 2001, 4:10 p.m. Members Present: Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Veenstra, and Zieman. Members Absent: McLaren, Chair; and Soukup (both excused). Committee Business: Passed HF 469. Adjourned: 4:16 p.m. COMMERCE Convened: April 2, 2001, 4:05 p.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, Redfern, and Redwine. Members Absent: McCoy (excused). Committee Business: Passed HF 400. Adjourned: 4:15 p.m. STATE GOVERNMENT Convened: April 2, 2001, 3:19 p.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Members Absent: Connolly and McLaren (both excused). Committee Business: Passed HFs 73 (as amended), 259, 481, and 579. Adjourned: 3:49 p.m. SUBCOMMITTEE ASSIGNMENTS Senate File 515 COMMERCE: Gronstal, Chair; Johnson and Redwine House File 598 HUMAN RESOURCES: Veenstra, Chair; Harper and Miller House File 629 AGRICULTURE: McLaren, Chair; Fraise and Veenstra House File 662 HUMAN RESOURCES: Boettger, Chair; Behn and Shearer House File 681 COMMERCE: Johnson, Chair; Flynn and Redwine RESOLUTION ENROLLED, SIGNED, AND SENT TO THE SECRETARY OF STATE The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following resolution has been enrolled, signed by the President of the Senate and the Speaker of the House, and submitted to the Secretary of State for deposit on this 2nd day of April, 2001: Senate Joint Resolution 6. MICHAEL E. MARSHALL Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on March 30, 2001, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 146 - Relating to the tobacco master settlement agreement and providing an effective date. S.F. 509 - Making a supplemental appropriation to the state department of transportation from the primary road fund for the purchase of salt and including an effective date. GOVERNOR'S VETO MESSAGE March 30, 2001 The Honorable Mary Kramer President of the Senate State Capitol Building L O C A L Dear President Kramer: I hereby transmit Senate File 66, an Act relating to state general fund expenditure limitation requirements for transmission of the state budget by the Governor and passage of the state budget by the General Assembly. I am unable to approve Senate File 66. This bill makes changes to the state expenditure limitation even though the present limitation accomplishes the purposes for which it was created. This is an unnecessary and, in some instances, unworkable revision to Iowa's original budget reform legislation. A key part of Iowa's 1992 budget reform law was creating a mechanism for filling the state's two reserve funds. One of those reserve funds, the economic emergency fund, pre-dated the 1992 changes, but it had never been adequately maintained. The expenditure limitation, which provides that only 99% of estimated revenues may be spent, created a mechanism for filling those reserve funds. That original expenditure limitation has worked very well. Both of the state's reserves are filled to their statutory maximum. Combined, they contain nearly half a billion dollars. Given that the present law has worked so well, there is no reason for change. Senate File 66 would change that original expenditure limitation by stipulating that reversions (which are appropriated but unspent funds) not be considered in calculating the expenditure limitation. This is an unnecessary alteration of the expenditure limitation. Every year, there are appropriated but unspent funds that are returned to the state general fund at the end of the fiscal year. The expenditure limitation is meant to limit expenditures. Reversions are, by their very nature, not expenditures. Reversions are a very real aspect of budgeting, and it makes little sense to not recognize that fact. According to the legislative fiscal bureau, over the last twenty years reversions have averaged over $26 million a year. Senate File 66 flies in the face of the legislature's own practice. The $26 million in average unspent funds each year would be higher but for the fact that the legislature has often chosen to fund technology projects with reversions. The state's successful Y2K effort was started with a legislative appropriation of $15 million of anticipated reversions in FY 1997. It makes no sense to assume that reversions will not exist for the purpose of calculating the expenditure limit but then assume that they will exist for purposes of making technology appropriations. Iowa's 1992 budget reform effort has been successful because it was a workable approach to limiting spending. This new limitation would also remove needed flexibility in the budgeting process. I have, for example, recommended salary savings in the FY 2002 budget through workforce attrition. It is not possible to determine at this point exactly where this $4.3 million savings will be achieved; that will depend on which employees leave state government over the course of that fiscal year. As a consequence, that savings is shown as a reversion. To not reflect that savings in the calculation of the expenditure limit takes away many of the tools that are necessary to make enterprise wide decisions about expenditures. For the above reasons, I hereby respectfully disapprove Senate File 66. Sincerely, THOMAS J. VILSACK Governor 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, 339, 407, 410, 449, 452, 461, 462, 466, and 470 and House Files 194, 228, and 470. Had I been present, I would have voted "Aye" on all. MAGGIE TINSMAN EVENING SESSION The Senate reconvened at 5:07 p.m., President Pro Tempore McKean presiding. The Senate stood at ease at 5:08 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:56 p.m., Senator Bartz presiding. QUORUM CALL Senator Johnson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 34 present, 16 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 29, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 526, a bill for an act providing an apprenticeship program for Illinois barbers in lieu of existing Iowa barber licensure requirements. Read first time and referred to committee on State Government. House File 561, a bill for an act repealing the requirement to fly a flag or pennant on an all-terrain vehicle or snowmobile when operating on a public road or street. Read first time and referred to committee on Natural Resources and Environment. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox, until he returns, on request of Senator Iverson. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 494. Senate File 494 On motion of Senator Veenstra, Senate File 494, a bill for an act relating to disputes in mediation involving agricultural operations, was taken up for consideration. Senator Veenstra 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. 494), 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 McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Maddox The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 503. Senate File 503 On motion of Senator Sexton, Senate File 503, a bill for an act relating to the construction of facilities or installation of practices related to open feedlot manure control, and providing an effective date, was taken up for consideration. Senator Sexton offered amendment S-3259, filed by him on March 27, 2001, to pages 1 and 2 of the bill. Senator Kibbie offered amendment S-3278, filed by him from the floor to page 1 of amendment S-3259, and moved its adoption. Amendment S-3278 was adopted by a voice vote. Senator Sexton moved the adoption of amendment S-3259, as amended, which motion prevailed by a voice vote. Senator Lundby offered amendment S-3280, filed by her from the floor to page 1 of the bill. Senator Sexton raised the point of order that amendment S-3280 was not germane to the bill. The Chair ruled the point not well-taken and the amendment S-3280 in order. President Kramer took the chair at 7:39 p.m. Senator Lundby moved the adoption of amendment S-3280. A record roll call was requested. On the question "Shall amendment S-3280 be adopted?" (S.F. 503), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 3: Drake King McLaren Absent or not voting, none. Amendment S-3280 was adopted. 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. 503), the vote was: Ayes, 32: Angelo Bartz Behn Black Boettger Drake Fiegen Fraise Freeman Gaskill Greiner Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Soukup Veenstra Zieman Nays, 18: Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Hammond Hansen Harper Holveck Horn Maddox McCoy Redfern Shearer Tinsman Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 494 and 503 be immediately messaged to the House. MOTION TO RECONSIDER ADOPTED Senator Redwine called up the motion to reconsider Senate File 336, filed by him on March 21, 2001, found on page 778 of the Senate Journal, and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 336), 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 Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Jensen The motion prevailed. The motion to reconsider Senate File 336 filed by Senator Connolly on March 21, 2001, found on page 778 of the Senate Journal, was out of order. Senator Redwine moved to reconsider the vote by which Senate File 336 went to its last reading, which motion prevailed by a voice vote. Senate File 336 On motion of Senator Redwine, Senate File 336, a bill for an act relating to the authority of the state board of educational examiners to develop a code of professional rights and responsibilities, practices, and ethics for practitioners, was taken up for reconsideration. Senator Connolly offered amendment S-3223, filed by him on March 21, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3223 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. 336), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Drake Fiegen Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 7: Bolkcom Dvorsky Fink Harper Holveck Horn Rittmer Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 336 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred March 28, 2001) Senate File 429 The Senate resumed consideration of 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, deferred March 28, 2001. Senator Hansen offered amendment S-3285, filed by Senator Hansen, et al., from the floor to page 1 of the bill, and moved its adoption. A nonrecord roll call was requested. The ayes were 23, nays 25. Amendment S-3285 lost. Senator King offered amendment S-3292, filed by Senators King and Kibbie from the floor to pages 1 and 2 of the bill. Senator Gronstal offered amendment S-3293, filed by him from the floor to page 2 of amendment S-3292, and moved its adoption. Amendment S-3293 was adopted by a voice vote. Senator Redwine asked and received unanimous consent that action on amendment S-3292 and Senate File 429 be deferred. COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: HOUSE CONCURRENT RESOLUTION 13, a concurrent resolution relating to a biennial memorial session. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and Rittmer. Ayes, none. Absent or not voting, 2: Gronstal and McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE CONCURRENT RESOLUTION 14, a concurrent resolution relating to Pioneer Lawmakers. Recommendation: DO PASS. Final Vote: Ayes, 9: Iverson, Kramer, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and Rittmer. Ayes, none. Absent or not voting, 2: Gronstal and McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Concurrent Resolutions 8, 13, and 14. House Concurrent Resolution 8 On motion of Senator Iverson, House Concurrent Resolution 8, a concurrent resolution honoring Herb Plambeck, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 8, which motion prevailed by a voice vote. House Concurrent Resolution 13 On motion of Senator Iverson, House Concurrent Resolution 13, a concurrent resolution relating to a biennial memorial session, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 13, which motion prevailed by a voice vote. House Concurrent Resolution 14 On motion of Senator Iverson, House Concurrent Resolution 14, a concurrent resolution relating to Pioneer Lawmakers, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 14, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolutions 8, 13, and 14 be immediately messaged to the House. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Concurrent Resolution 9. House Concurrent Resolution 9 On motion of Senator Gaskill, House Concurrent Resolution 9, a concurrent resolution to request that the Congress of the United States maintain its commitment to clean air and the ethanol industry, by maintaining the oxygenate requirement in the federal Clean Air Act that promotes the use of ethanol in reformulated gasoline, and urging the United States Environmental Protection Agency to resist California's attempt to waive the oxygenate requirement in that state, with report of committee recommending passage, was taken up for consideration. Senator Gaskill moved the adoption of House Concurrent Resolution 9, which motion prevailed by a voice vote. The Senate stood at ease at 9:38 p.m. until the fall of the gavel. The Senate resumed session at 9:50 p.m., President Kramer presiding. CONSIDERATION OF RESOLUTION (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration House Joint Resolution 5. House Joint Resolution 5 On motion of Senator Maddox, House Joint Resolution 5, a joint resolution to nullify an administrative rule of the department of revenue and finance relating to the collection of a fee to recover direct costs in the administration of a local option sales and services tax and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Maddox moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the resolution was read the last time. House Joint Resolution 5, a joint resolution to nullify an administrative rule of the department of revenue and finance relating to the collection of a fee to recover direct costs in the administration of a local option sales and services tax and providing an effective date. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. 701 Iowa administrative code, rule 107.16, is nullified. Section 2. EFFECTIVE DATE. This joint resolution, being deemed of immediate importance, takes effect upon enactment. On the question "Shall the resolution be adopted?" (H.J.R. 5), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rittmer Schuerer Sexton Shearer Tinsman Veenstra Zieman Nays, 3: Johnson Rehberg Soukup Absent or not voting, 2: Gaskill McLaren The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Joint Resolution 5 and House Concurrent Resolution 9 be immediately messaged to the House. BUSINESS PENDING Senate File 429 The Senate resumed consideration of 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, and amendment S-3292, previously deferred. Senator Redwine offered amendment S-3294, filed by him from the floor to page 1 of amendment S-3292, and moved its adoption. A nonrecord roll call was requested. The ayes were 28, nays 20. Amendment S-3294 was adopted. Senator King moved the adoption of amendment S-3292, as amended, which motion prevailed by a voice vote. With the adoption of amendment S-3292, the Chair ruled amendment S-3289, filed by Senators Redwine, et al., from the floor to page 1 of the bill, out of order. 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?" (S.F. 429), the vote was: Ayes, 32: Angelo Bartz Behn Black Boettger Dearden Drake Fiegen Fraise Freeman Gaskill Greiner Gronstal Iverson Jensen Johnson Kibbie King Lundby Maddox McCoy McKibben McKinley McLaren Miller Rehberg Rittmer Schuerer Sexton Soukup Veenstra Zieman Nays, 18: Bolkcom Connolly Deluhery Dvorsky Fink Flynn Hammond Hansen Harper Holveck Horn Kramer Lamberti McKean Redfern Redwine Shearer Tinsman Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 429 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 11:02 p.m. until 9:00 a.m., Tuesday, April 3, 2001. APPENDIX 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: STATE GOVERNMENT Susan Loy - Accountancy Examining Board George North - Board of Dental Examiners Grace Nelson - Landscape Architectural Examining Board Robert Buchanan - Board of Massage Therapy Examiners John Brinkman - Board of Medical Examiners Michael Byrne - Board of Medical Examiners Matthew Wilber - Board of Podiatry Examiners Daniel Courtney - Board of Psychology Examiners Richard Koestner - Real Estate Appraiser Examining Board Dorothy Woline - Real Estate Commission REFERRAL TO INDIVIDUAL CONFIRMATION CALENDAR MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the following names be removed from the "En Bloc Confirmation Calendar" and placed on the "Individual Confirmation Calendar": AGRICULTURE Edwin Hershberger - Iowa Grain Indemnity Fund Board EDUCATION Ying Ying Chen - Board of Educational Examiners HUMAN RESOURCES Yogesh Shah - Commission of Elder Affairs David Carlyle - Commission on Tobacco Use Prevention and Control JUDICIARY Gilberto Solivan - Iowa State Civil Rights Commission Timothy Tutt - Iowa State Civil Rights Commission SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Usha Balakrishnan - Iowa Economic Development Board STATE GOVERNMENT Susan Lagneaux - Iowa Emergency Response Commission Robert Buchanan - Board of Massage Therapy Examiners Dale Holdiman - Board of Medical Examiners Dorothy Woline - Real Estate Commission Laura Johnson - Board of Speech Pathology and Audiology Examiners Kenneth Lowder - Board of Speech Pathology and Audiology Examiners WAYS AND MEANS Courtney Kay-Decker - State Board of Tax Review STEWART IVERSON, JR. WITHDRAWAL OF GOVERNOR'S APPOINTEE The following letter from the Governor was received in the office of the Secretary of the Senate on April 2, 2001: On March 15 of this year, I submitted the name of Hector Ibarra of Johnson County to serve on the Board of Educational Examiners. Mr. Ibarra has asked to withdraw his name from further consideration of the Senate. Sincerely, THOMAS J. VILSACK Governor COMMITTEE REPORTS AGRICULTURE Final Bill Action: HOUSE FILE 469, a bill for an act requiring agricultural equipment suppliers to repurchase certain items upon termination of an agricultural equipment dealership agreement. Recommendation: DO PASS. Final Vote: Ayes, 13: Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: McLaren and Soukup. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: HOUSE FILE 400, a bill for an act relating to the regulation of real estate appraisers. Recommendation: DO PASS. Final Vote: Ayes, 14: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, Redfern, and Redwine. Nays, none. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: HOUSE FILE 560, a bill for an act relating to child foster care regulatory requirements and providing an effective date. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3283. 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. STATE GOVERNMENT Final Bill Action: HOUSE FILE 259, a bill for an act relating to the duties and office of the secretary of state in commissioning notarial officers. Recommendation: DO PASS. Final Vote: Ayes, 13: King, Lamberti, Kibbie, Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, none. Absent or not voting, 2: Connolly and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 481, a bill for an act relating to the establishment of city precincts and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 13: King, Lamberti, Kibbie, Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, none. Absent or not voting, 2: Connolly and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 579, a bill for an act relating to the administration and management of the department of personnel. Recommendation: DO PASS. Final Vote: Ayes, 12: King, Lamberti, Kibbie, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, 1: Bolkcom. Absent or not voting, 2: Connolly and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 429, the following correction was made: 1. Page 3, line 28, the word and number "section 100" were changed to the word and number "section 6". MICHAEL E. MARSHALL Secretary of the Senate AMENDMENTS FILED S-3278 S.F. 503 John P. Kibbie S-3279 H.F. 502 Sandra Greiner S-3280 S.F. 503 Mary A. Lundby S-3281 S.F. 353 Jack Holveck S-3282 S.F. 353 Jack Holveck S-3283 H.F. 560 Human Resources S-3284 S.F. 514 Larry McKibben S-3285 S.F. 429 Steven D. Hansen John Redwine O. Gene Maddox Robert E. Dvorsky Mark Shearer Joe Bolkcom S-3286 H.F. 341 Robert E. Dvorsky S-3287 H.F. 341 Patricia Harper S-3288 H.F. 341 Betty A. Soukup S-3289 S.F. 429 John Redwine Steven D. Hansen O. Gene Maddox Robert E. Dvorsky Joe Bolkcom Donald B. Redfern S-3290 S.F. 105 Steve King Mary Lou Freeman S-3291 S.F. 475 Steve King S-3292 S.F. 429 Steve King John P. Kibbie S-3293 S.F. 429 Michael E. Gronstal S-3294 S.F. 429 John Redwine MOTIONS TO RECONSIDER FILED MADAM PRESIDENT: I move to reconsider the vote by which the confirmation of Allan Thoms was approved by the Senate on April 2, 2001. JOHNIE HAMMOND MADAM PRESIDENT: I move to reconsider the vote by which the confirmation of Allan Thoms was approved by the Senate on April 2, 2001. JOHN P. KIBBIE 922 JOURNAL OF THE SENATE 85th Day 85th Day MONDAY, APRIL 2, 2001 921
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