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ONE-HUNDREDTH CALENDAR DAY FIFTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 17, 2001 The Senate met in regular session at 9:05 a.m., President Pro Tempore McKean presiding. Prayer was offered by the Honorable Gene Fraise, member of the Senate from Lee County, Fort Madison, Iowa. The Journal of Monday, April 16, 2001, was approved. 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 16, 2001, passed the following bills in which the concurrence of the House was asked: Senate File 497, a bill for an act relating to the governance of the Iowa public employees' retirement system and providing an effective date. Senate File 500, a bill for an act relating to insurance, by addressing the operation and regulation of insurance companies, mutual insurance associations, the Iowa insurance guaranty association, and other insurance or risk-assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner; by establishing jurisdiction and venue requirements for actions against the Iowa insurance guaranty association; and providing penalties, repeals, and effective dates. ALSO: That the House has on April 16, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 168, a bill for an act relating to the granting of additional cable television franchises by a city. (S-3359) LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fink, until he arrives, on request of Senator Gronstal. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolutions 3 and 19 and Senate Resolutions 29 and 23. Senate Concurrent Resolution 3 On motion of Senator Dvorsky, Senate Concurrent Resolution 3, a concurrent resolution urging the Governor to appoint a commission to develop design proposals for Iowa's participation in the United States Mint's 50 state quarters program and to direct the commission to develop designs incorporating the Old Capitol as a symbol for the state, with report of committee recommending passage, was taken up for consideration. Senator Dvorsky moved the adoption of Senate Concurrent Resolution 3, which motion prevailed by a voice vote. Senate Concurrent Resolution 19 On motion of Senator Gaskill, Senate Concurrent Resolution 19, a concurrent resolution urging the Congress of the United States and the United States Department of Agriculture to provide increased federal moneys for purposes of supporting enhanced surveillance expenses as part of a pseudorabies eradication program, with report of committee recommending passage, was taken up for consideration. Senator Angelo took the chair at 9:15 a.m. Senator Gaskill moved the adoption of Senate Concurrent Resolution 19, which motion prevailed by a voice vote. Senate Resolution 29 On motion of Senator McKean, Senate Resolution 29, a resolution relating to a nonsubstantive redrafting of Iowa's campaign finance laws, with report of committee recommending passage, was taken up for consideration. Senator McKean moved the adoption of Senate Resolution 29, which motion prevailed by a voice vote. Senate Resolution 23 On motion of Senator Veenstra, Senate Resolution 23, a resolution designating May 3, 2001, as statewide Prayer Day, with report of committee recommending passage, was taken up for consideration. President Pro Tempore McKean took the chair at 9:20 a.m. Senator Veenstra moved the adoption of Senate Resolution 23, which motion prevailed by a voice vote. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Rittmer, until he arrives, on request of Senator Tinsman; and Senator Fiegen, until he arrives, on request of Senator Shearer. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 520. Senate File 520 On motion of Senator Drake, Senate File 520, a bill for an act relating to the property tax exemption for methane gas and other gas conversion property and providing a retroactive applicability date and an effective date, was taken up for consideration. 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. 520), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fiegen Fink Rittmer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT DEFERRED Senate File 410 Senator Sexton called up for consideration Senate File 410, a bill for an act relating to the application of certain air quality requirements to indoor emission units or air contaminant sources, amended by the House in House amendment S-3335, filed April 10, 2001. Senator Gronstal asked and received unanimous consent that action on House amendment S-3335 and Senate File 410 be deferred. HOUSE AMENDMENT CONSIDERED Senate File 355 Senator Boettger called up for consideration Senate File 355, a bill for an act providing for the transfer of custody and termination of parental rights for a newborn infant whose parent voluntarily surrenders physical custody at certain health facilities and providing for immunity from prosecution for child abandonment crimes for such parent, establishing confidentiality protections and a penalty, and providing an effective date, amended by the House, and moved that the Senate concur in House amendment S-3347, filed April 12, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Boettger moved that the bill, as amended by the House and concurred in by the Senate, 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. 355), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Fink 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 King, until he returns, on request of Senator Freeman. UNFINISHED BUSINESS House File 694 On motion of Senator Zieman, House File 694, a bill for an act relating to housing by creating a housing trust fund and a housing trust commission, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Zieman offered amendment S-3351, filed by Senators Zieman and Rehberg on April 12, 2001, to page 2 of the bill, and moved its adoption. Amendment S-3351 was adopted by a voice vote. Senator Zieman 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. 694), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Fink King 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 Resolutions 3 and 19, Senate Files 355 and 520, and House File 694 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:49 a.m. until 1:00 p.m. AFTERNOON SESSION The Senate reconvened at 3:13 p.m., President Pro Tempore McKean presiding. UNFINISHED BUSINESS (Deferred April 12, 2001) Senate File 514 The Senate resumed consideration of Senate File 514, a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability, deferred April 12, 2001. With the previous adoption of amendment S-3343, the Chair ruled amendment S-3353, filed by Senator Hammond on April 12, 2001, striking everything after the enacting clause of the bill, out of order. President Kramer took the chair at 3:18 p.m. Senator Rehberg withdrew amendment S-3346, filed by her on April 11, 2001, to page 1 of the bill. Senator Harper offered amendment S-3360, filed by Senators Harper and Hammond from the floor to pages 1, 5-21, and to the title page of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3360 be adopted?" (S.F. 514), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Jensen Kibbie Lundby Maddox McCoy Soukup Tinsman Nays, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Johnson King Kramer Lamberti McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3360 lost. Senator Harper offered amendment S-3340, filed by her on April 11, 2001, to pages 11-15 of the bill, and moved its adoption. Amendment S-3340 lost by a voice vote. Senator Bartz offered amendment S-3345, filed by him on April 11, 2001, to page 13 of the bill. Senator McKibben raised the point of order that amendment S-3345 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3345 out of order. Senator McKibben offered amendment S-3284, filed by him on April 2, 2001, to page 15 of the bill. Senator Bartz raised the point of order that amendment S-3284 was not germane to the bill. The Chair ruled the point not well-taken and amendment S-3284 in order. Senator McKibben moved the adoption of amendment S-3284, which motion prevailed by a voice vote. Senator Maddox offered amendment S-3342, filed by him on April 11, 2001, to page 21 and to the title page of the bill. Senator McKibben raised the point of order that amendment S-3342 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3342 out of order. Senator Kibbie withdrew amendment S-3344, filed by him on April 11, 2001, to page 21 and to the title page of the bill. Senator Fiegen offered amendment S-3368, filed by him from the floor to pages 16 and 17 of the bill, and moved its adoption. A nonrecord roll call was requested. The ayes were 20, nays 29. Amendment S-3368 lost. With the adoption of amendment S-3284, the Chair ruled amendment S-3369, filed by Senators Dvorsky and Horn from the floor to pages 1 and 5-21 of the bill, out of order. Senator Dvorsky asked and received unanimous consent that action on Senate File 514 be deferred. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 519. Senate File 519 On motion of Senator Bolkcom, Senate File 519, a bill for an act relating to the assessment for property tax purposes of certain affordable housing for low-income individuals and families, was taken up for consideration. Senator Bolkcom 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. 519), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 526 On motion of Senator Rittmer, House File 526, a bill for an act providing an apprenticeship program for Illinois barbers in lieu of existing Iowa barber licensure requirements, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Rittmer 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. 526), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 590 On motion of Senator Boettger, 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, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Boettger offered amendment S-3299, filed by the committee on Human Resources on April 3, 2001, to pages 1, 2, 5, and 6 of the bill, and moved its adoption. Amendment S-3299 was adopted by a voice vote. 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. 590), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 310 On motion of Senator Miller, House File 310, a bill for an act relating to child support enforcement, including disclosure of certain juvenile court records to the child support recovery unit, waiting periods for administrative review and adjustment of orders, and federal tax and nontax setoff payments for accrued support, and providing effective dates, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Miller 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. 310), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 229 On motion of Senator Maddox, House File 229, a bill for an act relating to judicial district departments of correctional services by providing for a judgment lien for supervision fees and for the establishment of a reserve peace officer force, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Maddox offered amendment S-3305, filed by the committee on Judiciary on April 5, 2001, to pages 3-7 and to the title page of the bill, and moved its adoption. Amendment S-3305 was adopted by a voice vote. 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. 229), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 519 and House Files 229, 310, 526, and 590 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 114 Senator Holveck called up for consideration Senate File 114, a bill for an act relating to the composition of the medical assistance advisory council, amended by the House, and moved that the Senate concur in House amendment S-3348, filed April 12, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Holveck moved that the bill, as amended by the House and concurred in by the Senate, 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. 114), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen, until he returns, on request of Senator McKean. UNFINISHED BUSINESS House File 598 On motion of Senator Veenstra, House File 598, a bill for an act establishing a child protection center grant program, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Veenstra offered amendment S-3303, filed by the committee on Human Resources on April 5, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3303 was adopted by a voice vote. 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. 598), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Jensen McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 579 On motion of Senator King, House File 579, a bill for an act relating to the administration and management of the department of personnel, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Bolkcom offered amendment S-3319, filed by him on April 9, 2001, to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3319 be adopted?" (H.F. 579), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Tinsman Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Absent or not voting, none. Amendment S-3319 lost. Senator King offered amendment S-3366, filed by him from the floor to page 1 of the bill. Senator Fiegen raised the point of order that amendment S-3366 was not germane to the bill. Senator Fiegen withdrew his point of order. Senator King moved the adoption of amendment S-3366, which motion prevailed by a voice vote. Senator King offered amendment S-3371, filed by Senator King, et al., from the floor to page 1 and to the title page of the bill. Senator Dvorsky raised the point of order that amendment S-3371 was not germane to the bill. The Chair ruled the point not well-taken and amendment S-3371 in order. President Pro Tempore McKean took the chair at 5:20 p.m. Senator King moved the adoption of amendment S-3371. A record roll call was requested. On the question "Shall amendment S-3371 be adopted?" (H.F. 579), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Angelo Bartz Behn Boettger Freeman Gaskill Greiner Iverson Jensen Johnson Kramer Lamberti McKean McKibben McKinley McLaren Miller Redwine Rehberg Schuerer Sexton Veenstra Zieman Nays, 26: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie King Lundby Maddox McCoy Redfern Rittmer Shearer Soukup Tinsman Absent or not voting, 1: Flynn Amendment S-3371 lost. Senator King asked and received unanimous consent that action on House File 579 be deferred. Senator Angelo took the chair at 5:30 p.m. UNFINISHED BUSINESS House File 384 On motion of Senator Fiegen, House File 384, a bill for an act relating to the elimination of programs and duties of the department of economic development, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Fiegen 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. 384), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Lamberti and Veenstra, until they return, on request of Senator Iverson. UNFINISHED BUSINESS House File 403 On motion of Senator McKean, House File 403, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and providing effective and applicability dates, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, 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. 403), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Zieman Nays, none. Absent or not voting, 3: Flynn Lamberti 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 Senate File 114 and House Files 384 and 598 be immediately messaged to the House. BUSINESS PENDING Senate File 514 The Senate resumed consideration of Senate File 514, a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability, previously deferred. Senator Dvorsky offered amendment S-3373, filed by him from the floor to pages 5-21 of the bill, and moved its adoption. Amendment S-3373 lost by a voice vote. Senator Iverson withdrew his motion to reconsider the vote by which amendment S-3343 to Senate File 514 was adopted by the Senate on April 11, 2001, filed by him on April 12, 2001, and found on page 1116 of the Senate Journal. President Pro Tempore McKean took the chair at 5:57 p.m. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 514), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Angelo Behn Black Boettger Drake Freeman Gaskill Greiner Horn Jensen Johnson King Lamberti McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Zieman Nays, 26: Bartz Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Fraise Gronstal Hammond Hansen Harper Holveck Iverson Kibbie Kramer Lundby Maddox McCoy McLaren Rittmer Shearer Soukup Tinsman Veenstra Absent or not voting, 1: Flynn The bill, having not received a constitutional majority, was declared to have failed to pass the Senate. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Boettger, Redwine, and Veenstra, until they return, on request of Senator Maddox; and Senator Flynn, until he returns, on request of Senator Harper. CONSIDERATION OF BILLS (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 525 and 524. Senate File 525 On motion of Senator Tinsman, Senate File 525, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, 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. 525), the vote was: Ayes, 46: Angelo Bartz Behn Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Zieman Nays, none. Absent or not voting, 4: Boettger Flynn Redwine Veenstra The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 524 On motion of Senator Gaskill, Senate File 524, a bill for an act providing assistance regarding the development of grapes and wine, was taken up for consideration. Senator Soukup asked and received unanimous consent that action on Senate File 524 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 525 be immediately messaged to the House. The Senate stood at ease at 6:39 p.m. until the fall of the gavel. The Senate resumed session at 7:20 p.m., Senator Iverson presiding. 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 17, 2001, passed the following bills in which the concurrence of the House was asked: Senate File 449, a bill for an act exempting property owned and operated by an Indian housing authority from property tax and including an effective date. Senate File 462, a bill for an act relating to the energy loan fund administered by the department of natural resources. ALSO: That the House has on April 17, 2001, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 292, a bill for an act relating to the financial operations and transactions of the information technology department. House File 458, a bill for an act extending the statute of limitations period for filing a criminal charge of incest. ALSO: That the House has on April 17, 2001, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 62, a bill for an act relating to the processing and distribution of honey in residences. (S-3378) Senate File 346, a bill for an act relating to the department of corrections by providing for the use of deadly force by correctional or peace officers, for submission of presentence investigation reports to the department, for establishing a training fund in the department, for transcription and recording of testimony for certain investigations conducted by the department of corrections, and for purchases by a department or agency from Iowa state industries. (S-3376) Senate File 349, a bill for an act relating to information concerning contested case proceedings of the ethics and campaign disclosure board. (S-3374) Senate File 458, a bill for an act relating to children's program and juvenile court provisions involving the department of human services in regard to the foster home insurance fund, group child care providers, juvenile delinquency and child in need of assistance dispositions, and termination of parental rights. (S-3377) ALSO: That the House has on April 17, 2001, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: House File 356, a bill for an act relating to administrative and corrective changes to the workers' compensation law. (S-3375) ADJOURNMENT On motion of Senator Veenstra, the Senate adjourned at 7:22 p.m. until 9:00 a.m. Wednesday, April 18, 2001. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Ron Turk, Seymour - For 50 years of dedicated service as a 4-H leader. Senator McKinley (04/17/01). Roger Winslow, Corydon - For your years of dedicated service to the Boy Scouts. Senator McCoy (04/17/01). BILL SIGNED BY THE GOVERNOR A communication was received announcing that on April 17, 2001, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 479 - Relating to wastewater systems, establishing a fund, appropriating moneys from the fund, and providing an effective date. MOTIONS TO RECONSIDER FILED MADAM PRESIDENT: I move to reconsider the vote by which Senate File 514 failed to pass the Senate on April 17, 2001. MERLIN E. BARTZ MADAM PRESIDENT: I move to reconsider the vote by which Senate File 514 failed to pass the Senate on April 17, 2001. STEWART IVERSON, JR. MADAM PRESIDENT: I move to reconsider the vote by which Senate File 514 failed to pass the Senate on April 17, 2001. MARK SHEARER MADAM PRESIDENT: I move to reconsider the vote by which House File 403 passed the Senate on April 17, 2001. STEWART IVERSON, JR. MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3371 to House File 579 failed to be adopted by the Senate on April 17, 2001. STEVE KING REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 17, 2001, 12:35 p.m. Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: None. Committee Business: Approved SSBs 1261, 1262, and 1263 (as amended). Adjourned: 2:05 p.m. WAYS AND MEANS Convened: April 17, 2001, 10:30 a.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Members Absent: None. Committee Business: Approved SSBs 1078 and 1265 (as amended). Adjourned: 11:10 a.m. INTRODUCTION OF BILLS Senate File 526, by committee on Ways and Means, a bill for an act excluding certain business property from being considered abandoned property under the state's disposition of unclaimed property law. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 527, by committee on Appropriations, a bill for an act relating to and making appropriations to the judicial branch. Read first time under Rule 28 and placed on Appropriations calendar. Senate File 528, by committee on Appropriations, a bill for an act relating to and making transportation and other infrastructure- related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, and discontinuing driver's license renewal by mail. Read first time under Rule 28 and placed on Appropriations calendar. Senate File 529, by committee on Ways and Means, a bill for an act relating to mandates imposed on political subdivisions by the state. Read first time under Rule 28 and placed on Ways and Means calendar. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 527 (SSB 1262), a bill for an act relating to and making appropriations to the judicial branch. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen, King, McKibben, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 10: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Hammond, Horn, and Soukup. Absent or not voting, 1: Lundby. 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 Appropriations Committee on Senate File 527, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 528 (SSB 1263), a bill for an act relating to and making transportation and other infrastructure-related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, and discontinuing driver's license renewal by mail. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Lamberti, Kramer, Angelo, Behn, Gaskill, Hammond, Jensen, King, McKibben, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 9: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Horn, and Soukup. Absent or not voting, 1: Lundby. 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 Appropriations Committee on Senate File 528, and they were attached to the committee report. WAYS AND MEANS Final Bill Action: SENATE FILE 526 (SSB 1078), a bill for an act excluding certain business property from being considered abandoned property under the state's disposition of unclaimed property law. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: McKibben, McKinley, Drake, Flynn, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, 3: Harper, Deluhery, and Holveck. Absent or not voting, 2: Bolkcom and Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 529 (SSB 1265), a bill for an act relating to mandates imposed on political subdivisions by the state. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3359 S.F. 168 House S-3360 S.F. 514 Patricia Harper Johnie Hammond S-3361 H.F. 271 Neal Schuerer Matt McCoy S-3362 H.F. 643 Tom Flynn Dennis H. Black Steve King Jeff Lamberti David Miller Wally E. Horn S-3363 H.F. 502 Merlin E. Bartz S-3364 S.F. 478 Jack Holveck Andy McKean S-3365 H.F. 502 Derryl McLaren S-3366 H.F. 579 Steve King S-3367 H.F. 502 Thomas Fiegen S-3368 S.F. 514 Thomas Fiegen S-3369 S.F. 514 Robert E. Dvorsky Wally E. Horn S-3370 H.F. 656 O. Gene Maddox S-3371 H.F. 579 Steve King David Miller Kitty Rehberg Mark Zieman Neal Schuerer Jeff Angelo Larry McKibben Jeff Lamberti Paul McKinley Nancy Boettger Jerry Behn S-3372 H.F. 502 Sandra Greiner S-3373 S.F. 514 Robert E. Dvorsky S-3374 S.F. 349 House S-3375 H.F. 356 House S-3376 S.F. 346 House S-3377 S.F. 458 House S-3378 S.F. 62 House 1140 JOURNAL OF THE SENATE 100th Day 100th Day TUESDAY, APRIL 17, 2001 1141
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