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Senate Journal: Wednesday, April 18, 2001

  ONE-HUNDRED FIRST CALENDAR DAY
  FIFTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, April 18, 2001

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Clayton George, pastor of the
  Apostolic Assembly Church in Anamosa, Iowa, guest of Senator
  McKean.

  The Journal of Tuesday, April 17, 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 17, 2001, amended and passed the following bills in which
  the
  concurrence of the Senate is asked:

  Senate File 222, a bill for an act relating to the statute of
  limitations in civil actions arising out of the unsafe or defective
  condition of an improvement to real property. (S-3380)

  Senate File 242, a bill for an act relating to the rules regarding
  the authentication of practitioners' verbal orders in hospitals.
  (S-3379)

  Senate File 342, a bill for an act requiring voters to present
  identification containing a photograph to poll workers prior to voting.
  (S-3381)

  ALSO:  That the House has on April 17, 2001, passed the following bill in
  which
  the concurrence of the Senate is asked:
  House File 696, a bill for an act relating to the employment
  security administrative contribution surcharge, and providing an
  effective date.

  Read first time and attached to similar Senate File 491.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Kibbie, until he arrives, on request of Senator Gronstal; Senator
  Lundby,
  until she arrives, on request of Senator Freeman; Senator McKibben, until he
  arrives,
  on request of Senator Gaskill; and Senator Bartz, until he arrives, on
  request of
  Senator Iverson.

  HOUSE AMENDMENT CONSIDERED

  Senate File 452

  Senator Redwine called up for consideration Senate File 452, a
  bill for an act requiring the use of a uniform prescription drug
  information card by providers of third-party payment or prepayment
  of prescription drug expenses, amended by the House, and moved
  that the Senate concur in House amendment S-3350, filed April 12,
  2001.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Redwine 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. 452), the vote was:

  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 4:

  Bartz	Kibbie	Lundby	McKibben		

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

  UNFINISHED BUSINESS

  House File 180

  On motion of Senator Lamberti, House File 180, a bill for an act
  relating to exceptions to the required participation in a court-
  approved course prior to the granting of a final dissolution of
  marriage decree or the entering of a final custody order, with report
  of committee recommending passage, placed on the Unfinished
  Business Calendar on April 12, 2001, was taken up for consideration.

  Senator Johnson offered amendment S-3355, filed by her on
  April 16, 2001, to page 1 and to the title page of the bill, and moved
  its adoption.

  Amendment S-3355 was adopted by a voice vote.

  Senator Johnson withdrew amendment S-3316, filed by her on
  April 9, 2001, to page 1 and to the title page of the bill.

  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. 180), the vote was:
  Ayes, 48:

  Angelo	Behn	Black	Boettger
  Bolkcom	Connolly	Dearden	Deluhery
  Drake	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Freeman	Gaskill
  Greiner	Gronstal	Hammond	Hansen
  Harper	Holveck	Horn	Iverson
  Jensen	Johnson	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, 2:

  Bartz	Kibbie			

  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 452 and House File 180 be immediately messaged to
  the House.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 529.

  Senate File 529

  On motion of Senator Rehberg, Senate File 529, a bill for an act
  relating to mandates imposed on political subdivisions by the state,
  was taken up for consideration.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 529 be deferred.
  The Senate stood at ease at 9:30 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 10:43 a.m., Senator Tinsman
  presiding.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:44 a.m.
  until 2:00 p.m.
  APPENDIX

  SIMILAR BILL RECEIVED

  On April 18, 2001, House File 696 was received and attached to
  similar Senate File 491 on the Senate calendar.

  REPORT OF COMMITTEE MEETING

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  April 18, 2001, 11:15 a.m.

  Members Present:  Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Harper and Redwine.

  Members Absent:  None.

  Committee Business:  Passed subcommittee appropriations bill.

  Adjourned:  11:55 a.m.

  INTRODUCTION OF BILL

  Senate File 530, by committee on Appropriations, a bill for an act
  relating to and making appropriations to the justice system, making
  related statutory changes, and providing an effective date.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  STUDY BILLS RECEIVED

  SSB 1266	Appropriations

  Relating to and making appropriations to the tobacco settlement
  trust fund and providing a contingent effective date.

  SSB 1267	Appropriations

  Relating to matters related to the tobacco settlement including the
  tobacco settlement authority, the tobacco settlement trust fund, and
  the tobacco settlement endowment fund, and providing an effective
  date.
  SUBCOMMITTEE ASSIGNMENTS

  SSB 1266

  APPROPRIATIONS:  Lamberti, Chair; Flynn and Kramer

  SSB 1267

  APPROPRIATIONS:  Lamberti, Chair; Flynn and Kramer

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 530 (SSB 1261), a bill for an act relating
  to and
  making appropriations to the justice system, making related statutory
  changes, and
  providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen,
  King,
  Lundby, 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, none.

  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 530,
  and they
  were attached to the committee report.

  EXPLANATION OF VOTES

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  18,
  2001, when the votes were taken on Senate File 452 and House File 180.  Had
  I been
  present, I would have voted "Aye" on both.

  MERLIN E. BARTZ

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  18,
  2001, when the vote was taken on House File 694.  Had I been present, I
  would have
  voted "Aye."

  STEVE KING
  AFTERNOON SESSION

  The Senate reconvened at 3:05 p.m., President Pro Tempore
  McKean presiding.

  QUORUM CALL

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

  The vote revealed 35 present, 15 absent, and a quorum present.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McLaren, for the remainder of the day, on request of Senator Jensen.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

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

  Senate Resolution 8

  On motion of Senator Bolkcom, Senate Resolution 8, a resolution
  honoring Christine Grant, former Women's Athletic Director of the
  University of Iowa, with report of committee recommending passage,
  was taken up for consideration.

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

  SPECIAL GUEST

  Senator Bolkcom introduced Dr. Christine Grant, former Women's
  Athletic Director of the University of Iowa.  Dr. Grant addressed the
  Senate with brief remarks.  The Senate rose and expressed its
  appreciation.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Shearer, for the remainder of the day, on request of Senator
  Gronstal.

  BUSINESS PENDING

  Senate File 529

  The Senate resumed consideration of Senate File 529, a bill for
  an act relating to mandates imposed on political subdivisions by the
  state, previously deferred.

  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?" (S.F. 529), the vote was:

  Ayes, 47:

  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	King
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McKinley
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Soukup
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  Kibbie	McLaren	Shearer			

  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 529 be immediately messaged to the House.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 528.

  Senate File 528

  On motion of Senator Jensen, Senate File 528, 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, was taken up for consideration.

  (Action on Senate File 528 was deferred.)

  The Senate stood at ease at 3:34 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:21 p.m., President Kramer
  presiding.

  QUORUM CALL

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

  The vote revealed 32 present, 18 absent, and a quorum present.

  BUSINESS PENDING

  Senate File 528

  The Senate resumed consideration of Senate File 528, 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, previously deferred.

  Senator Lamberti offered amendment S-3388, filed by him from
  the floor to page 1 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3388 be adopted?" (S.F. 528),
  the vote was:

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

  Ayes, 1:

  Harper	

  Nays, 46:

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

  Absent or not voting, 3:

  Kibbie	McLaren	Shearer			

  Amendment S-3388 lost.

  Senator Connolly offered amendment S-3382, filed by him from
  the floor to page 1 of the bill.
  Senator Jensen raised the point of order that amendment
  S-3382 was not germane to the bill.

  The Chair ruled the point not well-taken and amendment S-3382
  in order.

  Senator Connolly moved the adoption of amendment S-3382.

  A record roll call was requested.

  On the question "Shall amendment S-3382 be adopted?" (S.F. 528),
  the vote was:

  Ayes, 18:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  McCoy	Soukup	

  Nays, 29:

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

  Absent or not voting, 3:

  Kibbie	McLaren	Shearer			

  Amendment S-3382 lost.

  Senator Hansen asked and received unanimous consent to
  withdraw the following motion to reconsider filed by him from the
  floor:

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-3388
  to Senate File 528 failed to be adopted by the Senate on April 18, 2001.
  Senator Lamberti asked and received unanimous consent to
  withdraw the following motion to reconsider filed by him from the
  floor:

  MADAM PRESIDENT:  I move to reconsider the vote by which amendment S-3388
  to Senate File 528 failed to be adopted by the Senate on April 18, 2001.

  The Senate stood at ease at 6:20 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 6:52 p.m., President Kramer
  presiding.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 528 be deferred.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator McCoy, until he returns, on request of Senator Dearden; and Senator
  Sexton, until he returns, on request of Senator Lundby.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 527.

  Senate File 527

  On motion of Senator Angelo, Senate File 527, a bill for an act
  relating to and making appropriations to the judicial branch, was
  taken up for consideration.

  Senator Dvorsky offered amendment S-3387, filed by him from the
  floor to pages 1 and 4 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3387 be adopted?" (S.F. 527),
  the vote was:
  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 17:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Soukup	

  Nays, 28:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Greiner
  Iverson	Jensen	Johnson	King
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McKinley	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Tinsman	Veenstra	Zieman	

  Absent or not voting, 5:

  Kibbie	McCoy	McLaren	Sexton
  Shearer			

  Amendment S-3387 lost.

  Senator Dvorsky asked and received unanimous consent that
  action on Senate File 527 be deferred.

  UNFINISHED BUSINESS
  (Deferred April 9, 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 April 9, 2001.

  Senator Bartz withdrew amendment S-3349, filed by him on
  April 12, 2001, to pages 1-6 of the bill.

  Senator Bartz offered amendment S-3363, filed by him on
  April 17, 2001, to pages 1-6 of the bill.
  Senator Bartz withdrew amendment S-3363.

  With the withdrawal of amendment S-3363, the Chair ruled
  amendment S-3365, filed by Senator McLaren on April 17, 2001, to
  pages 3 and 4 of amendment S-3363, out of order.

  Senator Greiner offered amendment S-3311, filed by her on
  April 9, 2001, to page 4 of the bill, and moved its adoption.

  Amendment S-3311 was adopted by a voice vote.

  Senator Fiegen offered amendment S-3367, filed by him on
  April 17, 2001, to pages 4-6 and to the title page of the bill.

  Senator Fiegen asked and received unanimous consent that action
  on amendment S-3367 and House File 502 be deferred.

  HOUSE AMENDMENT DEFERRED

  Senate File 346

  Senator McKean called up for consideration 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, amended by the House in House
  amendment S-3376, filed April 17, 2001.

  Senator Holveck asked and received unanimous consent that
  action on House amendment S-3376 and Senate File 346 be
  deferred.

  HOUSE AMENDMENT CONSIDERED

  Senate File 222

  Senator Maddox called up for consideration Senate File 222, a
  bill for an act relating to the statute of limitations in civil actions
  arising out of the unsafe or defective condition of an improvement to
  real property, amended by the House in House amendment S-3380,
  filed April 18, 2001.

  The Senate stood at ease at 7:44 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 8:09 p.m., President Kramer
  presiding.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Connolly, until he returns, on request of Senator Soukup.

  BUSINESS PENDING

  Senate File 222

  The Senate resumed consideration of Senate File 222.

  Senator Maddox moved that the Senate concur in the House
  amendment.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Maddox 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. 222), the vote was:

  Ayes, 35:

  Angelo	Bartz	Behn	Boettger
  Drake	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	Hansen
  Horn	Iverson	Jensen	Johnson
  Kibbie	King	Kramer	Lamberti
  Lundby	Maddox	McKean	McKibben
  McKinley	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Tinsman	Veenstra	Zieman	

  Nays, 11:

  Black	Bolkcom	Dearden	Deluhery
  Dvorsky	Fiegen	Fink	Hammond
  Harper	Holveck	Soukup	

  Absent or not voting, 4:

  Connolly	McCoy	McLaren	Shearer		

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

  BILL RE-REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  House File 577 be re-referred from the Unfinished Business
  Calendar to the committee on Commerce.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 526.

  Senate File 526

  On motion of Senator McKibben, Senate File 526, a bill for an act
  excluding certain business property from being considered abandoned
  property under the state's disposition of unclaimed property law, was
  taken up for consideration.

  Senator Bolkcom asked and received unanimous consent that
  action on Senate File 526 be deferred.
  HOUSE AMENDMENT CONSIDERED

  Senate File 168

  Senator Lundby called up for consideration Senate File 168, a bill
  for an act relating to the granting of additional cable television
  franchises by a city, amended by the House, and moved that the
  Senate concur in House amendment S-3359, filed April 17, 2001.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Lundby 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. 168), the vote was:

  Ayes, 47:

  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	McKean	McKibben	McKinley
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Soukup
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  McCoy	McLaren	Shearer			

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

  Senator Iverson asked and received unanimous consent that
  Senate Files 168 and 222 be immediately messaged to the House.

  BUSINESS PENDING

  Senate File 346

  The Senate resumed consideration of 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, and House amendment S-3376, previously deferred.

  Senator McKean moved that the Senate refuse to concur in the
  House amendment.

  The motion prevailed by a voice vote and the Senate refused to
  concur in the House amendment.

  HOUSE AMENDMENT CONSIDERED

  Senate File 62

  Senator Zieman called up for consideration Senate File 62, a bill
  for an act relating to the processing and distribution of honey in
  residences, amended by the House, and moved that the Senate concur
  in House amendment S-3378, filed April 17, 2001.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Zieman 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. 62), the vote was:

  Ayes, 47:

  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	McKean	McKibben	McKinley
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Soukup
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  McCoy	McLaren	Shearer			

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

  UNFINISHED BUSINESS

  House File 674

  On motion of Senator Redwine, House File 674, a bill for an act
  relating to the reorganization or dissolution of an area education
  agency, with report of committee recommending passage, placed on
  the Unfinished Business Calendar on April 12, 2001, was taken up
  for consideration.

  Senator Redwine offered amendment S-3389, filed by Senators
  Redwine and Hansen from the floor to page 1 and to the title page of
  the bill, and moved its adoption.

  Amendment S-3389 was adopted by a voice vote.

  Senator Redwine moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.
  On the question "Shall the bill pass?" (H.F. 674), the vote was:

  Ayes, 47:

  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	McKean	McKibben	McKinley
  Miller	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Soukup
  Tinsman	Veenstra	Zieman	

  Nays, none.

  Absent or not voting, 3:

  McCoy	McLaren	Shearer			

  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 Files 62 and 346 and House File 674 be immediately
  messaged to the House.

  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 bill in which the
  concurrence of the
  House was asked:

  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.
  ALSO:  That the House has on April 18, 2001, amended and adopted the
  following resolution in which the concurrence of the Senate is asked:

  Senate Concurrent Resolution 24, a concurrent resolution
  marking the completion of the exterior restoration of the Iowa State
  Capitol and honoring the contractors, subcontractors, artisans, skilled
  workers, and state employees who contributed to the effort to
  complete the restoration. (S-3385)

  ALSO:  That the House has on April 18, 2001, passed the following bills in
  which
  the concurrence of the House was asked:

  Senate File 169, a bill for an act limiting the exemption from
  regulation of certain persons acting as an attorney in fact regarding
  certain real estate transactions.

  Senate File 186, a bill for an act providing for a tax levy for the
  county hospital fund in certain counties and providing an effective
  date.

  Senate File 259, a bill for an act relating to the victim rights
  compensation fund.

  Senate File 337, a bill for an act relating to transfers of
  structured settlement payment rights for tort and workers'
  compensation claims, providing civil remedies, and an applicability
  date.

  Senate File 384, a bill for an act relating to pay plans for certain
  employees of the credit union division of the department of commerce.

  ALSO:  That the House has on April 18, 2001, concurred in the Senate
  amendment and passed the following bills in which the concurrence of the
  House was
  asked:

  House File 352, a bill for an act relating to the administration
  and care of the Iowa battle flag collection.

  House File 560, a bill for an act relating to child foster care
  regulatory requirements and providing an effective date.
  House File 581, a bill for an act relating to the size of drainage or
  levee districts having election districts and requesting an interim
  study.

  ALSO:  That the House has on April 18, 2001, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 707, a bill for an act establishing an interstate
  distribution center initiative by identifying an activity of a foreign
  corporation for which a return is not required for state income tax
  purposes and including effective and retroactive applicability date
  provisions.

  Read first time and attached to companion Senate File 517.

  House File 711, a bill for an act relating to the levy of tax
  assessments for drainage or levee districts.

  Read first time and referred to committee on Ways and Means.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 8:46 p.m.
  until 9:00 a.m. Thursday, April 19, 2001.
  APPENDIX

  COMPANION BILL RECEIVED

  On April 18, 2001, House File 707 was received and attached to
  companion Senate File 517 on the Senate calendar.

  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:

  Matthew McNeece, Marshalltown - For achieving the rank of Eagle Scout.
  Senator McKibben (04/18/01).

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 18, 2001,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 372 - Relating to the powers and duties of the county recorder relating
  to the
  recording and keeping of documents.

  S.F. 453 - Relating to the administrative procedures of certain county
  officers by
  authorizing the issuance of checks, providing for the cancellation of
  warrants and
  checks, the disposal of tax lists, and the receipt of electronic payments,
  specifying tax
  sale costs and the mailing address for changes of titles and deeds,
  providing for other
  properly related matters, and providing an effective date.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  April 18, 2001, 11:10 a.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Horn, Ranking Member;
  and McLaren.

  Members Absent:  Kibbie (excused).

  Committee Business:  Amended and passed subcommittee appropriations bill.

  Adjourned:  12:35 p.m.
  APPROPRIATIONS

  Convened:  April 18, 2001, 1:05 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 SSB 1264 (as amended).

  Adjourned:  2:05 p.m.

  INTRODUCTION OF BILL

  Senate File 531, by committee on Appropriations, a bill for an act
  relating to and making appropriations to certain state departments,
  agencies, funds, and certain other entities, providing for regulatory
  authority, and other properly related matters.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  STUDY BILL RECEIVED

  SSB 1268	Appropriations

  Relating to the funding of, operation of, and appropriation of
  moneys to the college student aid commission, the department of
  cultural affairs, the department of education, and the state board of
  regents.

  SUBCOMMITTEE ASSIGNMENT

  SSB 1268

  APPROPRIATIONS:  Redfern, Chair; Horn and Lamberti
  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 531 (SSB 1264), a bill for an act relating
  to and
  making appropriations to certain state departments, agencies, funds, and
  certain other
  entities, providing for regulatory authority, and other properly related
  matters.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen,
  King,
  Lundby, 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, none.

  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 531,
  and they
  were attached to the committee report.

  AMENDMENTS FILED

  S-3379	S.F.	242	House
  S-3380	S.F.	222	House
  S-3381	S.F.	342	House
  S-3382	S.F.	528	Mike Connolly
  S-3383	H.F.	696	Mary Lou Freeman
  S-3384	H.F.	687	Jeff Lamberti
  S-3385	S.C.R.	24	House
  S-3386	S.F.	491	Jerry Behn
  S-3387	S.F.	527	Robert E. Dvorsky
  S-3388	S.F.	528	Jeff Lamberti
  S-3389	H.F.	674	John Redwine
  Steven D. Hansen
  S-3390	H.F.	656	Jack Holveck
  Andy McKean
  S-3391	S.F.	530	Eugene S. Fraise
  Johnie Hammond
  S-3392	H.F.	687	Jeff Lamberti
  S-3393	S.F.	530	Jeff Angelo
  S-3394	S.F.	530	Jeff Angelo
  1170	JOURNAL OF THE SENATE	101st Day
  101st Day	WEDNESDAY, APRIL 18, 2001	1171

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