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Senate Journal: Monday, April 9, 2001

  NINETY-SECOND CALENDAR DAY
  FIFTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, April 9, 2001

  The Senate met in regular session at 10:08 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Jim Morris, pastor of the
  United Methodist Church in Emmetsburg, Iowa, guest of Senator
  Kibbie.

  The Journal of Thursday, April 5, 2001, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Dvorsky, until he arrives, on request of Senator Fink; Senator
  McLaren,
  until he arrives, on request of Senator Jensen; Senators McKibben, Redwine,
  and
  Veenstra, until they arrive, on request of Senator Iverson; Senator
  Connolly, until he
  arrives, on request of Senator Deluhery; and Senator Schuerer, until he
  arrives, on
  request of Senator McKean.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:18 a.m.
  until the completion of a meeting of the committee on Rules and
  Administration.

  RECONVENED

  The Senate reconvened at 10:21 a.m., President Kramer presiding.
  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 8.

  Senate Concurrent Resolution 8

  On motion of Senator Iverson, Senate Concurrent Resolution 8,
  a concurrent resolution urging United States Congressional support
  for the Railroad Retirement and Survivors Improvement Act, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Iverson moved the adoption of Senate Concurrent
  Resolution 8, which motion prevailed by a voice vote.

  UNFINISHED BUSINESS

  Senate File 511

  On motion of Senator Tinsman, Senate File 511, a bill for an act
  to legalize certain ordinances and amendments considered and
  passed by the city of Davenport in accordance with procedures no
  longer valid, and providing an effective date and for retroactive
  applicability, with report of committee recommending passage, placed
  on the Unfinished Business Calendar on April 5, 2001, was taken up
  for consideration.

  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. 511), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Zieman

  Nays, none.

  Absent or not voting, 6:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine	Veenstra

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS
  (Deferred March 20, 2001)

  Senate File 259

  The Senate resumed consideration of Senate File 259, a bill for
  an act relating to the victim rights compensation fund, deferred
  March 20, 2001.

  President Pro Tempore McKean took the chair at 10:35 a.m.

  Senator King withdrew amendment S-3199, filed by him on
  March 20, 2001, to page 1 and to the title page of the bill.

  Senator King withdrew amendment S-3183, filed by him on
  March 19, 2001, to page 1 of the bill.

  Senator King withdrew amendment S-3184, filed by him on
  March 19, 2001, to page 1 of the bill.

  Senator Maddox 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. 259), the vote was:
  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House Files 225 and 353.

  House File 225

  On motion of Senator Jensen, 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, with report of
  committee recommending passage, was taken up for consideration.

  Senator Jensen 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. 225), the vote was:
  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 353

  On motion of Senator Rehberg, House File 353, a bill for an act
  relating to the amount of classroom instruction offered in an
  approved driver education course as programmed by the department
  of education, with report of committee recommending passage, was
  taken up for consideration.

  Senator Rehberg 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. 353), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	Fiegen	Flynn	Fraise
  Freeman	Gaskill	Greiner	Gronstal
  Hammond	Hansen	Harper	Holveck
  Horn	Iverson	Jensen	Johnson
  Kibbie	King	Kramer	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKinley	Miller	Redfern	Rehberg
  Rittmer	Schuerer	Sexton	Shearer
  Soukup	Tinsman	Veenstra	Zieman

  Nays, 1:

  Fink

  Absent or not voting, 5:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS
  (Deferred March 26, 2001)

  House File 502

  The Senate resumed consideration of House File 502, a bill for an
  act relating to agricultural production, by prohibiting acts relating to
  facilities or operations, making penalties applicable, and providing
  penalties and civil liability, deferred March 26, 2001.

  Senator Greiner withdrew amendment S-3279, filed by her on
  April 2, 2001, to page 4 of the bill.

  Senator Bartz asked and received unanimous consent that action
  on House File 502 be deferred.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for consideration House Files 400, 272, 462, and 293.

  House File 400

  On motion of Senator Freeman, House File 400, a bill for an act
  relating to the regulation of real estate appraisers, with report of
  committee recommending passage, was taken up for consideration.
  Senator Freeman moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 400), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 272

  On motion of Senator Angelo, House File 272, a bill for an act
  relating to felonious misconduct by a public officer or employee and
  providing a penalty, with report of committee recommending passage,
  was taken up for consideration.

  Senator Angelo moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 272), the vote was:
  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 462

  On motion of Senator Boettger, House File 462, a bill for an act
  relating to the reimbursement of administrative costs of an area
  education agency for services provided by the agency under part C of
  the federal Individuals With Disabilities Education Act, and
  providing an effective date, with report of committee recommending
  passage, was taken up for consideration.

  Senator Boettger 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. 462), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Connolly	Dvorsky	McKibben	McLaren
  Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 293

  On motion of Senator Tinsman, House File 293, a bill for an act
  relating to the duties of the board of directors of a school district prior
  to a regular school election, with report of committee recommending
  passage, was taken up for consideration.

  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?" (H.F. 293), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.
  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine

  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 Concurrent Resolution 8, Senate Files 259 and 511, and
  House Files 225, 272, 293, 353, 400, and 462 be immediately
  messaged to the House.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House Files 560, 451, 567, and 481.

  House File 560

  On motion of Senator Bartz, House File 560, a bill for an act
  relating to child foster care regulatory requirements and providing an
  effective date, with report of committee recommending amendment
  and passage, was taken up for consideration.

  Senator Bartz offered amendment S-3283, filed by the committee
  on Human Resources on April 2, 2001, to page 1 of the bill, and
  moved its adoption.

  Amendment S-3283 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?" (H.F. 560), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 451

  On motion of Senator Lamberti, House File 451, a bill for an act
  regulating the practice of accounting, establishing fees, providing
  penalties, and providing an effective date, with report of committee
  recommending passage, was taken up for consideration.

  Senator Angelo took the chair at 11:20 a.m.

  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?" (H.F. 451), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 567

  On motion of Senator Behn, House File 567, a bill for an act
  providing for a legal risk waiver in interstate adoptions, with report
  of committee recommending passage, was taken up for consideration.

  Senator Behn asked and received unanimous consent that action
  on House File 567 be deferred.

  House File 481

  On motion of Senator Maddox, House File 481, a bill for an act
  relating to the establishment of city precincts and providing an
  effective date, with report of committee recommending passage, was
  taken up for consideration.

  Senator Maddox 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. 481), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Johnson asked and received unanimous consent to take up
  for consideration House Files 566, 624, and 612.

  House File 566

  On motion of Senator McKean, 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, with report of committee recommending passage,
  was taken up for consideration.

  Senator McKean 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. 566), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 624

  On motion of Senator Schuerer, 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, with report of
  committee recommending passage, was taken up for consideration.

  Senator Schuerer moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 624), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine
  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  House File 612

  On motion of Senator Gaskill, House File 612, a bill for an act
  relating to highway improvement assistance from the revitalize
  Iowa's sound economy fund for brownfield sites, with report of
  committee recommending passage, was taken up for consideration.

  Senator Rittmer asked and received unanimous consent that
  action on House File 612 be deferred.

  UNFINISHED BUSINESS

  Senate File 515

  On motion of Senator Gronstal, Senate File 515, a bill for an act
  providing for the crossing of railroad rights-of-way by public utilities,
  and providing applicability dates, with report of committee
  recommending passage, placed on the Unfinished Business Calendar
  on April 5, 2001, was taken up for consideration.

  Senator Gronstal offered amendment S-3310, filed by Senators
  Gronstal and Iverson from the floor to pages 1-4 of the bill, and
  moved its adoption.

  Amendment S-3310 was adopted by a voice vote.

  Senator Gronstal 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. 515), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Dearden	Deluhery
  Drake	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	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra	Zieman

  Nays, none.

  Absent or not voting, 4:

  Connolly	Dvorsky	McLaren	Redwine

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Bartz asked and received unanimous consent that Senate
  File 515 and House Files 451, 481, 560, 566, and 624 be
  immediately messaged to the House.

  RECESS

  On motion of Senator Bartz, the Senate recessed at 12:01 p.m.
  until 1:00 p.m.

  AFTERNOON SESSION

  The Senate reconvened at 1:01 p.m., Senator Veenstra presiding.

  QUORUM CALL

  Senator Schuerer requested a nonrecord roll call to determine that
  a quorum was present.

  The vote revealed 34 present, 16 absent, and a quorum present.

  President Pro Tempore McKean took the chair at 1:08 p.m.
  SPECIAL GUESTS

  The Grant Wood All City Drum Corp from Cedar Rapids, Iowa,
  appeared at the rostrum and led the Senate in the Pledge of
  Allegiance.  A member then presented President Kramer with a
  friendship medal.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Angelo asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 16.

  Senate Concurrent Resolution 16

  On motion of Senator Tinsman, Senate Concurrent Resolution 16,
  a concurrent resolution requesting the Director of Public Health to
  review the effects of obesity, report on current state and local
  programs to enhance public awareness of obesity and its treatment,
  and make recommendations for improvements of the programs, was
  taken up for consideration.

  Senator Boettger asked and received unanimous consent that
  action on Senate Concurrent Resolution 16 be deferred.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Angelo asked and received unanimous consent to take up
  for consideration House File 643.

  House File 643

  On motion of Senator Boettger, 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, with report of committee recommending
  passage, was taken up for consideration.

  Senator Connolly asked and received unanimous consent that
  action on House File 643 be deferred.
  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 31, a resolution congratulating the
  Men's
  and Women's Basketball Teams of Northwestern College of Orange City.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Boettger, Fink, Gaskill,
  Harper,
  Johnson, McKean, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Dvorsky.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Angelo asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 31.

  Senate Resolution 31

  On motion of Senator Veenstra, a resolution congratulating the
  Men's and Women's Basketball Teams of Northwestern College of
  Orange City, with report of committee recommending passage, was
  taken up for consideration.

  Senator Veenstra moved the adoption of Senate Resolution 31,
  which motion prevailed by a voice vote.

  SPECIAL GUESTS

  Senator Veenstra introduced the Northwestern College Men's and
  Women's Basketball Teams, Coach Kris Korver, and Coach Earl
  Woudstra.  The following persons representing the college were also
  in attendance:  Dr. Bruce Murphy, President; Barry Brandt, Athletic
  Director; and Duane Beeson, Director of Public Relations.

  Dr. Murphy addressed the Senate with brief remarks. The Senate
  rose and expressed its welcome.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:
  Senator Jensen, until he returns, on request of Senator Greiner; and
  Senators
  Gronstal and Kibbie, until they return, on request of Senator Fink.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Angelo asked and received unanimous consent to take up
  for consideration House File 636.

  House File 636

  On motion of Senator Fink, House File 636, a bill for an act
  relating to the reporting of underground storage tanks and to benefits
  provided through funds administered by the Iowa comprehensive
  petroleum underground storage tank fund board, with report of
  committee recommending passage, was taken up for consideration.

  Senator Fink moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 636), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Hammond	Hansen
  Harper	Holveck	Horn	Iverson
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKibben	McKinley	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Gronstal	Jensen	Kibbie	McLaren
  Redwine
  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Johnson asked and received unanimous consent to take up
  for consideration House Files 309 and 569.

  House File 309

  On motion of Senator Veenstra, House File 309, a bill for an act
  to legalize participation in an instructional support program by the
  West Bend-Mallard Community School District and providing an
  effective and retroactive applicability date, with report of committee
  recommending passage, 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?" (H.F. 309), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Hammond	Hansen
  Harper	Holveck	Horn	Iverson
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKibben	McKinley	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Gronstal	Jensen	Kibbie	McLaren
  Redwine
  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Veenstra, until he returns, on request of Senator Iverson.

  House File 569

  On motion of Senator Schuerer, House File 569, a bill for an act
  relating to the proposed uniform computer information transactions
  Act, with report of committee recommending passage, was taken up
  for consideration.

  Senator Schuerer moved that the bill be read the last time now
  and placed upon its passage, which motion prevailed by a voice vote,
  and the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 569), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Hammond	Hansen
  Harper	Holveck	Horn	Iverson
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McCoy	McKean
  McKibben	McKinley	Miller	Redfern
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Zieman

  Nays, none.

  Absent or not voting, 6:

  Gronstal	Jensen	Kibbie	McLaren
  Redwine	Veenstra

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  UNFINISHED BUSINESS

  Senate File 417

  On motion of Senator Holveck, Senate File 417, a bill for an act
  relating to the qualifications and duties of the clerk of court, placed
  on the Unfinished Business Calendar on April 5, 2001, was taken up
  for consideration.

  Senator Johnson asked and received unanimous consent that
  action on Senate File 417 be deferred.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Johnson asked and received unanimous consent to take up
  for consideration House Files 635, 628, and 256.

  House File 635

  On motion of Senator King, 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, with report of
  committee recommending passage, was taken up for consideration.

  Senator Dearden asked and received unanimous consent that
  action on House File 635 be deferred.

  House File 628

  On motion of Senator Bartz, 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, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Angelo took the chair at 2:06 p.m.

  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?" (H.F. 628), the vote was:

  Rule 23, requiring all senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 29:

  Angelo	Bartz	Behn	Boettger
  Drake	Flynn	Freeman	Gaskill
  Greiner	Hansen	Iverson	Johnson
  King	Kramer	Lamberti	Lundby
  Maddox	McKean	McKibben	McKinley
  Miller	Redfern	Rehberg	Rittmer
  Schuerer	Sexton	Soukup	Tinsman
  Zieman

  Nays, 15:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	Fink
  Fraise	Hammond	Harper	Holveck
  Horn	McCoy	Shearer

  Absent or not voting, 6:

  Gronstal	Jensen	Kibbie	McLaren
  Redwine	Veenstra

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Lamberti, until he returns, on request of Senator Iverson.

  House File 256

  On motion of Senator McKean, 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, with report of committee recommending
  passage, was taken up for consideration.
  Senator McKean 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. 256), the vote was:

  Ayes, 45:

  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	Lundby	Maddox	McCoy
  McKean	McKibben	McKinley	Miller
  Redfern	Rehberg	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Jensen	Lamberti	McLaren	Redwine
  Veenstra

  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
  House Files 256, 309, 569, 628, and 636 be immediately
  messaged to the House.

  BUSINESS PENDING

  House File 567

  The Senate resumed consideration of House File 567, a bill for an
  act providing for a legal risk waiver in interstate adoptions,
  previously deferred.
  Senator Hansen offered amendment S-3314, filed by Senators
  Hansen and Behn from the floor to page 2 and to the title page of the
  bill, and moved its adoption.

  Amendment S-3314 was adopted by a voice vote.

  Senator Behn 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. 567), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Iverson	Jensen	Johnson	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McKinley
  Miller	Redfern	Rehberg	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Tinsman	Zieman

  Nays, none.

  Absent or not voting, 4:

  Lamberti	McLaren	Redwine	Veenstra

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title, as amended, was agreed to.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 561.

  House File 561

  On motion of Senator Bartz, 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, with
  report of committee recommending amendment and passage, was
  taken up for consideration.

  Senator Bartz offered amendment S-3296, filed by the committee
  on Natural Resources and Environment on April 3, 2001, to page 1
  and to the title page of the bill.

  Senator Bartz offered amendment S-3309, filed by him from the
  floor to page 1 of amendment S-3296.

  Senator Bartz asked and received unanimous consent that action
  on amendment S-3309 to amendment S-3296, amendment S-3296,
  and House File 561 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 567 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 2:41 p.m.
  until 9:00 a.m. Tuesday, April 10, 2001.
  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 6, 2001

  AUDITOR OF STATE

  Iowa's Single Audit Report for the fiscal year ended June 30, 2000.

  April 9, 2001

  DEPARTMENT OF TRANSPORTATION

  Quadrennial Need Study - Report on Highways, Roads, and Streets for Study
  Years 1998-2017, pursuant to Iowa Code section 307A.2(14A).

  GOVERNOR'S APPOINTEE PLACED ON
  EN BLOC CALENDAR

  The following appointee, assigned to standing committee for
  investigation, was placed on the En Bloc Calendar with
  recommendation for confirmation:

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Terrance Duggan - Iowa Economic Development Board

  REPORTS OF COMMITTEE MEETINGS

  RULES AND ADMINISTRATION

  Convened:  April 9, 2001, 10:21 a.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Boettger, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer.

  Members Absent:  Dvorsky (excused).

  Committee Business:  Passed SR 31.

  Adjourned:  10:22 a.m.
  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Convened:  April 9, 2001, 12:37 p.m.

  Members Present:  Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking
  Member;
  Behn, Flynn, Gaskill, Greiner, Holveck, and Lamberti.

  Members Absent:  Dvorsky, Fiegen, McKinley, and Veenstra (all excused).

  Committee Business:  Approved Governor's appointee.

  Adjourned:  12:40 p.m.

  STUDY BILL RECEIVED

  SSB 1259	Appropriations

  Relating to the establishment of a substance abuse treatment
  facility for criminal offenders and a substance abuse treatment
  facility advisory council and making an appropriation.

  SUBCOMMITTEE ASSIGNMENT

  SSB 1259

  APPROPRIATIONS:  Lamberti, Chair; Dvorsky and Kramer

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  9,
  2001, when the votes were taken on Senate Concurrent Resolution 8, Senate
  Files 259
  and 511, and House Files 225, 272, 293, 353, 400, 451, 462, 481, 560, 566,
  and 624.
  Had I been present, I would have voted "Aye" on all.

  MICHAEL W. CONNOLLY

  ALSO:

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  9,
  2001, when the votes were taken on House Files 309, 569, 636.  Had I been
  present, I
  would have voted "Aye" on all.  Also, I was necessarily absent from the
  Senate chamber
  on April 9, 2001, when the vote was taken on House File 628.  Had I been
  present, I
  would have voted "Nay" on House File 628.

  JOHN P. KIBBIE

  AMENDMENTS FILED

  S-3307	S.F. 	417	Jack Holveck
  S-3308	H.F.	519	Jack Holveck
  S-3309	H.F.	561	Merlin E. Bartz
  S-3310	S.F.	515	Michael E. Gronstal
  Stewart Iverson, Jr.
  S-3311	H.F.	502	Sandra Greiner
  S-3312	H.F.	519	Jack Holveck
  S-3313	H.F.	637	Patricia Harper
  Johnie Hammond
  Robert E. Dvorsky
  Matt McCoy
  Steven D. Hansen
  Bill Fink
  Eugene S. Fraise
  John P. Kibbie
  Betty A. Soukup
  E. Thurman Gaskill
  Jack Holveck
  Mary Lou Freeman
  Mary A. Lundby
  Wally E. Horn
  Mike Connolly
  Merlin E. Bartz
  Mark Shearer
  Michael E. Gronstal
  Dick L. Dearden
  Derryl McLaren
  O. Gene Maddox
  Thomas Fiegen
  Tom Flynn
  Dennis H. Black
  Patrick J. Deluhery
  Joe Bolkcom
  Maggie Tinsman
  S-3314	H.F.	567	Steven D. Hansen
  Jerry Behn
  S-3315	H.F.	643	Mike Connolly
  S-3316	H.F.	180	JoAnn Johnson
  S-3317	H.F.	356	Larry McKibben
  S-3318	H.F.	643	Wally E. Horn
  S-3319	H.F.	579	Joe Bolkcom
  1008	JOURNAL OF THE SENATE	92nd Day
  92nd Day	MONDAY, APRIL 9, 2001	1007

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