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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legalize certain ordinances and amendments considered and passed by the city of Davenport in accordance with procedures no longer valid, and providing an effective date and for retroactive applicability, with report of committee recommending passage, placed on the Unfinished Business Calendar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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