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EIGHTY-SIXTH CALENDAR DAY FIFTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 3, 2001 The Senate met in regular session at 9:11 a.m., President Kramer presiding. Prayer was offered by Don Hodson, pastor of the United Methodist Church in Coralville, Iowa, guest of Senator Dvorsky. The Journal of Monday, April 2, 2001, was approved. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 2, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 577, a bill for an act relating to electric power generation and transmission, by addressing the criteria for construction of an electric generating facility; waivers; approval of power purchase contracts; management of regulated emissions from facilities fueled by coal; providing for the development of a state electric energy policy; providing for joint agreements for acquisition of ownership of a joint facility for electric power generation and transmission, and for the planning, financing, operation, and maintenance of the joint facility; providing for the bonding authority of electric power agencies; and making certain other changes and requirements related to electric generation and transmission. Read first time and referred to committee on Commerce. President Pro Tempore McKean took the chair at 9:26 a.m. RECESS On motion of Senator Boettger, the Senate recessed at 9:56 a.m. until 4:00 p.m. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Justin Appenzeller, Boone - For achieving the rank of Eagle Scout. Senator Behn (04/03/01). LaVon Brashaw, Monticello - For celebrating your 80th birthday on April 23, 2001. Senator McKean (04/03/01). Matthew Walker Morgan, Kalona - For achieving the rank of Eagle Scout. Senator Greiner (04/03/01). Adam Noelck, Boone - For achieving the rank of Eagle Scout. Senator Behn (04/03/01). Joe Rausch, Guttenberg - For achieving the rank of Eagle Scout. Senator Zieman (04/03/01). Doug and Linda Svendsen, Green Mountain - For receiving the Master Farmer Award. Senator McKibben (04/03/01). Jim and Shirley Svendsen, Green Mountain - For receiving the Master Farmer Award. Senator McKibben (04/03/01). Erik Warnecke, Walcott - For achieving the rank of Eagle Scout. Senator Fiegen (04/03/01). REPORTS OF COMMITTEE MEETINGS BUSINESS AND LABOR RELATIONS Convened: April 3, 2001, 10:03 a.m. Members Present: Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking Member; Behn, Fraise, Hammond, Horn, King, Lundby, McKibben, and Schuerer. Members Absent: None. Committee Business: Passed HF 635. Adjourned: 10:30 a.m. EDUCATION Convened: April 3, 2001, 10:02 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 HFs 643 and 674. Adjourned: 11:00 a.m. HUMAN RESOURCES Convened: April 3, 2001, 11:10 a.m. Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking Member; Bartz, Behn, Boettger, Dvorsky, Harper, Miller, Schuerer, Shearer, and Veenstra. Members Absent: Holveck (excused). Committee Business: Passed HFs 567 and 590 (as amended). Approved Governor's appointees. Adjourned: 11:30 a.m. JUDICIARY Convened: April 3, 2001, 3:05 p.m. Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member; Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, Lamberti, and Tinsman. Members Absent: King, McKean, and Miller (all excused). Committee Business: Passed HF 180. Approved Governor's appointee. Adjourned: 3:10 p.m. LOCAL GOVERNMENT Convened: April 3, 2001, 2:05 p.m. Members Present: Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member; Bartz, Black, Fraise, Gaskill, McCoy, McKibben, Schuerer, and Zieman. Members Absent: Horn and Johnson (both excused). Committee Business: Passed HFs 535 and 624. Approved Governor's appointee. Adjourned: 2:20 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: April 3, 2001, 1:05 p.m. Members Present: Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Drake, Freeman, Johnson, Kibbie, Lundby, McLaren, Miller, and Rittmer. Members Absent: Deluhery (excused). Committee Business: Passed HF 561 (as amended). Adjourned: 1:27 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: April 3, 2001, 1:10 p.m. Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member; Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Lamberti, McKinley, and Veenstra. Members Absent: Holveck (excused). Committee Business: Passed HFs 612 and 694. Approved Governor's appointees. Adjourned: 1:22 p.m. STATE GOVERNMENT Convened: April 3, 2001, 2:05 p.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Members Absent: McLaren (excused). Committee Business: Passed HFs 256 and 566. Adjourned: 2:16 p.m. TRANSPORTATION Convened: April 3, 2001, 11:10 a.m. Members Present: Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member; Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, McLaren, Sexton, and Zieman. Members Absent: None. Committee Business: Approved Governor's appointees. Adjourned: 11:20 a.m. WAYS AND MEANS Convened: April 3, 2001, 11:39 a.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Members Absent: Holveck (excused). Committee Business: Approved SSBs 1252 and 1253 (as amended) and passed SF 320 (as amended). Approved Governor's appointee. Adjourned: 12:55 p.m. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 22, by Lundby, a concurrent resolution requesting the legislative council to authorize the personal privacy issues study committee to continue deliberations during the 2001 legislative interim. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 33, by Horn, a resolution urging the Iowa Department of Public Health to compile and maintain records regarding autism. Read first time under Rule 28 and referred to committee on Rules and Administration. SUBCOMMITTEE ASSIGNMENTS House File 526 STATE GOVERNMENT: Rittmer, Chair; Connolly and Drake House File 561 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Black and Freeman House File 577 COMMERCE: Jensen, Chair; Deluhery, Gronstal, Johnson, and Redwine House File 624 LOCAL GOVERNMENT: Schuerer, Chair; Hansen and Miller House File 686 STATE GOVERNMENT: Maddox, Chair; Connolly and McKean COMMITTEE REPORT AGRICULTURE Final Bill Action: HOUSE FILE 581, a bill for an act relating to the size of drainage or levee districts having election districts and requesting an interim study. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3295. Final Vote: Ayes, 12: McLaren, Behn, Fraise, Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Shearer, Soukup, and Veenstra. Nays, none. Absent or not voting, 3: Black, Sexton, and Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 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: JUDICIARY Rogers Kirk - Board of Parole LOCAL GOVERNMENT Ralph Kremer - Mental Health Risk Pool Board SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Jack Sickler - Iowa Economic Development Board Allison Deluhery - Small Business Advisory Council TRANSPORTATION Thomas Lillquist - Iowa Law Enforcement Academy Council Patty Link - Iowa Law Enforcement Academy Council Patricia Crawford - State Transportation Commission Thomas Hart - State Transportation Commission WAYS AND MEANS Nancy Evans - Iowa Finance Authority AFTERNOON SESSION The Senate reconvened at 4:37 p.m., Senator Maddox presiding. QUORUM CALL Senator Boettger requested a nonrecord roll call to determine that a quorum was present. The vote revealed 35 present, 15 absent, and a quorum present. The Senate stood at ease at 4:40 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 5:45 p.m., President Kramer presiding. QUORUM CALL Senator Boettger requested a nonrecord roll call to determine that a quorum was present. The vote revealed 32 present, 18 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 April 2, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 670, a bill for an act relating to nontraditional practitioner preparation instruction programs, including the licensure of individuals who are participating in or have successfully completed a program. Read first time and referred to committee on Education. ALSO: That the House has on April 3, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 582, a bill for an act relating to the division and development of land by amending provisions relating to subdivision plats and plats of survey and relating to annexation and other boundary adjustments, and providing for the Act's applicability. Read first time and referred to committee on Local Government. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 32. Senate File 32 On motion of Senator Rittmer, Senate File 32, a bill for an act relating to the discontinuation of gambling operations after a referendum of disapproval and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Gronstal asked and received unanimous consent that action on Senate File 32 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Bartz and McKibben, until they return, on request of Senator Angelo. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 497. Senate File 497 On motion of Senator Drake, Senate File 497, a bill for an act relating to the governance of the Iowa public employees' retirement system and providing an effective date, was taken up for consideration. Senator Kibbie offered amendment S-3258, filed by Senators Kibbie, et al., on March 27, 2001, to pages 3, 4, 8, 12-16, and 19 of the bill, and moved its adoption. Amendment S-3258 was adopted by a voice vote. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 497), the vote was: Ayes, 48: Angelo 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 McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Bartz McKibben 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 497 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:38 p.m. until 9:00 a.m. Wednesday, April 4, 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: HUMAN RESOURCES Lori Clayton - Board of Examiners for Athletic Training James Anastasi - Board of Behavioral Science Examiners Catherine Whitfield - Commission on Community Action Agencies Harold Davis - Commission of Elder Affairs Larry Nuss - State Citizen Foster Care Review Board Teresa Rohret - State Citizen Foster Care Review Board Cynthia Beauman - Health Facilities Council Richard Campbell - Mental Health and Developmental Disabilities Commission James Cunningham - Board of Physician Assistant Examiners Sharon Wellendorf - Commission on Tobacco Use Prevention and Control 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": HUMAN RESOURCES Teresa Rohret - State Citizen Foster Care Review Board Cynthia Beauman - Health Facilities Council STEWART IVERSON, JR. INTRODUCTION OF BILLS Senate File 516, by committee on Ways and Means, a bill for an act establishing a small business growth initiative by adjusting the allocation to Iowa of income earned by an S corporation for purposes of the state individual income tax and including a retroactive applicability date provision. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 517, by committee on Ways and Means, a bill for an act establishing an interstate distribution center initiative by identifying an activity of a foreign corporation for which a return is not required for state income tax purposes and including effective and retroactive applicability date provisions. Read first time under Rule 28 and placed on Ways and Means calendar. COMMITTEE REPORTS BUSINESS AND LABOR RELATIONS Final Bill Action: HOUSE FILE 635, a bill for an act providing that certain employees are not entitled to compensation for time spent traveling to and from the worksite. Recommendation: DO PASS. Final Vote: Ayes, 6: Freeman, Greiner, Behn, King, McKibben, and Schuerer. Nays, 5: Dearden, Fraise, Hammond, Horn, and Lundby. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: HOUSE FILE 643, a bill for an act providing statutory revisions relating to the department of education, school districts, and the kindergarten through grade twelve educational program. Recommendation: DO PASS. Final Vote: Ayes, 15: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper, Kramer, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 674, a bill for an act relating to the reorganization or dissolution of an area education agency. Recommendation: DO PASS. Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: HOUSE FILE 567, a bill for an act providing for a legal risk waiver in interstate adoptions. Recommendation: DO PASS. Final Vote: Ayes, 12: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *HOUSE FILE 590, a bill for an act relating to the testing of individuals and the release of the results of tests for communicable and infectious diseases and for the human immunodeficiency virus and making penalties applicable. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3299. Final Vote: Ayes, 12: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on House File 590, and they were attached to the committee report. JUDICIARY Final Bill Action: HOUSE FILE 180, a bill for an act relating to exceptions to the required participation in a court-approved course prior to the granting of a final dissolution of marriage decree or the entering of a final custody order. Recommendation: DO PASS. Final Vote: Ayes, 9: Maddox, Holveck, Angelo, Boettger, Fiegen, Hammond, Horn, Lamberti, and Tinsman. Nays, none. Absent or not voting, 6: Redfern, Fraise, Hansen, King, McKean, and Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 535, a bill for an act allowing cities to issue general obligation bonds, revenue bonds, or loan agreements to fund the construction and equipping of child care centers and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Miller, Angelo, Hansen, Bartz, Black, Fraise, Gaskill, McCoy, McKibben, Schuerer, and Zieman. Nays, none. Absent or not voting, 2: Horn and Johnson. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Miller, Angelo, Hansen, Bartz, Black, Fraise, Gaskill, McCoy, McKibben, Schuerer, and Zieman. Nays, none. Absent or not voting, 2: Horn and Johnson. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: 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. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3296. Final Vote: Ayes, 13: Sexton, Bartz, Fink, Bolkcom, Dearden, Drake, Freeman, Johnson, Kibbie, Lundby, McLaren, Miller, and Rittmer. Nays, 1: Black. Absent or not voting, 1: Deluhery. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Final Bill Action: HOUSE FILE 612, a bill for an act relating to highway improvement assistance from the revitalize Iowa's sound economy fund for brownfield sites. Recommendation: DO PASS. Final Vote: Ayes, 12: Rehberg, Zieman, Shearer, Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Lamberti, McKinley, and Veenstra. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 694, a bill for an act relating to housing by creating a housing trust fund and a housing trust commission. Recommendation: DO PASS. Final Vote: Ayes, 12: Rehberg, Zieman, Shearer, Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Lamberti, McKinley, and Veenstra. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: *HOUSE FILE 73, a bill for an act relating to the powers and duties of the executive director of the commission of veterans affairs by providing for the recognition of honor guard units of veterans organizations to perform honor guard services. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3297. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the State Government Committee on House File 73, and they were attached to the committee report. ALSO: Final Bill Action: HOUSE FILE 256, a bill for an act relating to health care facility regulation, including information to be included in a notice of a deficiency and including the collaboration of the department of inspections and appeals and the state fire marshal in promulgating rules. Recommendation: DO PASS. Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 566, a bill for an act relating to the terms "registered voter", "eligible elector", and "qualified voter" for purposes of elections, voter registration, statutory petition requirements, absentee voting by armed forces, and drainage district elections. Recommendation: DO PASS. Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 516 (SSB 1252), a bill for an act establishing a small business growth initiative by adjusting the allocation to Iowa of income earned by an S corporation for purposes of the state individual income tax and including a retroactive applicability date provision. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: McKibben, McKinley, Deluhery, Drake, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, 3: Harper, Bolkcom, and Connolly. Absent or not voting, 2: Flynn and Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 517 (SSB 1253), a bill for an act establishing an interstate distribution center initiative by identifying an activity of a foreign corporation for which a return is not required for state income tax purposes and including effective and retroactive applicability date provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3295 H.F. 581 Agriculture S-3296 H.F. 561 Natural Resources and Environment S-3297 H.F. 73 State Government S-3298 H.F. 341 Jack Holveck S-3299 H.F. 590 Human Resources 952 JOURNAL OF THE SENATE 86th Day 86th Day TUESDAY, APRIL 3, 2001 951
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