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ONE-HUNDRED SECOND CALENDAR DAY SIXTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 19, 2001 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by the Reverend Terry Amaan, pastor of the First Presbyterian Church in Creston, Iowa, guest of Senator Angelo. The Journal of Wednesday, April 18, 2001, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McLaren, for the remainder of the week, on request of Senator Jensen; Senator Shearer, until he arrives, on request of Senator Hansen; and Senator Lundby, until she arrives, on request of Senator Freeman. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 523. Senate File 523 On motion of Senator Miller, Senate File 523, a bill for an act relating to the size of an estate that may be distributed by affidavit, making related inheritance tax changes, and providing for the Act's applicability, 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?" (S.F. 523), 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 Lamberti Maddox McCoy McKean McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Lundby McKibben McLaren Shearer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 242 Senator Bartz called up for consideration Senate File 242, a bill for an act relating to the rules regarding the authentication of practitioners' verbal orders in hospitals, amended by the House, and moved that the Senate concur in House amendment S-3379, filed April 18, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Bartz 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. 242), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hansen Harper Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 3: Fiegen Hammond Holveck Absent or not voting, 2: McLaren Shearer The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. UNFINISHED BUSINESS House File 271 On motion of Senator Schuerer, House File 271, a bill for an act adding specified document preparation and modification to the list of acts defining the activities of a real estate broker, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Schuerer offered amendment S-3361, filed by Senators Schuerer and McCoy on April 17, 2001, to page 1 and to the title page of the bill, and moved its adoption. Amendment S-3361 was adopted by a voice vote. Senator Fiegen asked and received unanimous consent that action on House File 271 be deferred. UNFINISHED BUSINESS House File 654 On motion of Senator Maddox, House File 654, a bill for an act relating to the amount of contributions to and accumulated increases in the value of certain retirement plans which are exempt from creditors and providing an effective date, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, 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. 654), 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 Jensen Johnson Kibbie 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, 2: McLaren Shearer UNFINISHED BUSINESS House File 582 On motion of Senator Angelo, House File 582, a bill for an act relating to the division and development of land by amending provisions relating to subdivision plats and plats of survey and relating to annexation and other boundary adjustments, and providing for the Act's applicability, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Miller offered amendment S-3321, filed by the committee on Local Government on April 10, 2001, to pages 2 and 6 of the bill. Senator McKean asked and received unanimous consent that action on amendment S-3321 and House File 582 be deferred. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 356 Senator McKibben called up for consideration House File 356, a bill for an act relating to administrative and corrective changes to the workers' compensation law, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-3375 to Senate amendment H-1478, filed April 17, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator McKibben moved that the bill, as amended by the Senate, further 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?" (H.F. 356), 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 Jensen Johnson Kibbie 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, 2: McLaren Shearer The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. UNFINISHED BUSINESS Senate File 517 On motion of Senator Redwine, Senate File 517, 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, placed on the Unfinished Business Calendar on April 5, 2001, was taken up for consideration. Senator Redwine asked and received unanimous consent that House File 707 be substituted for Senate File 517. House File 707 On motion of Senator Redwine, 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, was taken up for consideration. Senator Redwine asked and received unanimous consent that action on House File 707 be deferred. UNFINISHED BUSINESS (Deferred April 18, 2001) Senate File 526 The Senate resumed consideration of 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, deferred April 18, 2001. Senator Holveck offered amendment S-3395, filed by him from the floor to page 1 of the bill. Senator Angelo took the chair at 10:00 a.m. Senator Holveck moved the adoption of amendment S-3395. A record roll call was requested. On the question "Shall amendment S-3395 be adopted?" (S.F. 526), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy McKean Shearer Soukup Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3395 lost. Senator Connolly asked and received unanimous consent that action on Senate File 526 be deferred. HOUSE AMENDMENT CONSIDERED Senate Concurrent Resolution 24 Senator Jensen called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3385, filed April 18, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Jensen moved the adoption of Senate Concurrent Resolution 24, as amended by the House and concurred in by the Senate, which motion prevailed by a voice vote. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolutions 35 and 32. Senate Resolution 35 On motion of Senator King, Senate Resolution 35, a resolution recognizing Task Force Charlie of the Iowa Army National Guard for its dedication and outstanding performance of duty, with report of committee recommending passage, was taken up for consideration. Senator King moved the adoption of Senate Resolution 35, which motion prevailed by a voice vote. Senate Resolution 32 On motion of Senator McKibben, Senate Resolution 32, a resolution congratulating Maytag Corporation on being named an Energy Star Partner of the Year, with report of committee recommending passage, was taken up for consideration. Senator McKibben moved the adoption of Senate Resolution 32, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 24, Senate Files 242 and 523, and House Files 356 and 654 be immediately messaged to the House. RECESS On motion of Senator Bartz, the Senate recessed at 10:20 a.m. until 1:30 p.m. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Erik Skjerseth, Bettendorf - For achieving the rank of Eagle Scout, Troop 82. Senator Tinsman (04/17/01). Andrew Vincent Young, Clear Lake - For achieving the rank of Eagle Scout, Troop 30. Senator Bartz (04/19/01). PETITIONS The following petitions were presented and placed on file: From 230 residents of Louisa, Henry, Washington, and Keokuk counties opposing proposed budget cuts to counties for mental health and developmental disabilities programs. Senator Shearer. From 61 residents of Iowa opposing legislation to eliminate funding for the neuromuscular program. Senator Tinsman. INTRODUCTION OF RESOLUTION Senate Resolution 39, by McKibben, a resolution designating April 14, 2001, as Pan American Day, and the week of April 8 through 14, 2001, as Pan American Week. Read first time under Rule 28 and referred to committee on Rules and Administration. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 18, 2001, when the votes were taken on Senate Files 62, 168, and 529 and House File 674. Had I been present, I would have voted "Aye" on all. I was also necessarily absent from the Senate chamber on April 18, 2001, when the vote was taken on Senate File 222. Had I been present, I would have voted "Nay" on Senate File 222. In addition, I was necessarily absent from the Senate chamber on April 19, 2001, when the votes were taken on Senate File 523 and House Files 356 and 654. Had I been present, I would have voted "Aye" on all. I was also necessarily absent from the Senate chamber on April 19, 2001, when the vote was taken on Senate File 242. Had I been present, I would have voted "Nay" on Senate File 242. MARK SHEARER BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 19th day of April, 2001: Senate Files 433, 449, and 462. MICHAEL E. MARSHALL Secretary of the Senate BILL 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 bill: S.F. 347 - Eliminating court costs and filing and service fees for plaintiffs seeking relief from domestic abuse. AFTERNOON SESSION The Senate reconvened at 3:26 p.m., President Pro Tempore McKean 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 19, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 705, a bill for an act relating to sales and use taxes on the delivery of electricity and natural gas and to the rate of tax for providing metered gas, electricity, and fuel to provide energy for residential customers. Read first time and referred to committee on Ways and Means. House File 706, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Read first time and referred to committee on Appropriations. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Dvorsky, until he returns, on request of Senator Hammond; and Senator McCoy, until he returns, on request of Senator Harper. UNFINISHED BUSINESS (Deferred April 18, 2001) Senate File 527 The Senate resumed consideration of Senate File 527, a bill for an act relating to and making appropriations to the judicial branch, deferred April 18, 2001. Senator Angelo offered amendment S-3398, filed by Senators Dvorsky and Angelo from the floor to page 4 of the bill, and moved its adoption. Amendment S-3398 was adopted by a voice vote. 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?" (S.F. 527), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Dvorsky McCoy McLaren 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 527 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred April 18, 2001) 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, deferred April 18, 2001. (Action on Senate File 528 was deferred.) The Senate stood at ease at 3:43 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:57 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 19, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 715, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, sales and use, franchise, hotel and motel, environmental protection charge on petroleum diminution, property, cigarette and tobacco products, and inheritance taxes, local option taxes, and including effective and retroactive applicability date provisions. Read first time and referred to committee on Ways and Means. House File 719, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, and providing an effective date. Read first time and referred to committee on Appropriations. INTRODUCTION OF BILLS Senate File 532, by committee on Appropriations, a bill for an act 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. Read first time and placed on Appropriations calendar. Senate File 533, by committee on Appropriations, a bill for an act relating to and making appropriations to the tobacco settlement trust fund and providing a contingent effective date. Read first time and placed on Appropriations calendar. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Sexton and Veenstra, until they return, on request of Senator Iverson; and Senator Harper, until she returns, on request of Senator Hammond. 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 McCoy offered amendment S-3408, filed by him from the floor to page 4 of the bill, and moved its adoption. Amendment S-3408 lost by a voice vote. Senator Gronstal offered amendment S-3412, filed by him from the floor to page 4 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3412 be adopted?" (S.F. 528), the vote was: Ayes, 3: Bartz Lamberti McCoy Nays, 42: Angelo Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Zieman Absent or not voting, 5: Dvorsky Harper McLaren Sexton Veenstra Amendment S-3412 lost. Senator Hansen offered amendment S-3413, filed by him from the floor to page 4 of the bill. Senator Hansen asked and received unanimous consent to withdraw amendment S-3413. Senator Fiegen offered amendment S-3414, filed by him from the floor to page 4 of the bill, and moved its adoption. Amendment S-3414 lost by a voice vote. 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?" (S.F. 528), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Veenstra Zieman Nays, 2: Lundby Tinsman Absent or not voting, 3: Dvorsky McLaren Sexton 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 528 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 531. Senate File 531 On motion of Senator Schuerer, Senate File 531, 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, was taken up for consideration. Senator Flynn offered amendment S-3403, filed by him from the floor to page 9 of the bill. Senator Flynn asked and received unanimous consent to withdraw amendment S-3403. Senator Flynn offered amendment S-3405, filed by him from the floor to page 9 of the bill. Senator Flynn called for the following division of amendment S-3405: Division S-3405A: Lines 2 and 3; and Division S-3405B: Lines 4 and 5. Senator Flynn moved the adoption of division S-3405A. A record roll call was requested. On the question "Shall division S-3405A be adopted?" (S.F. 531), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer 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, 3: Dvorsky McLaren Sexton Division S-3405A lost. Senator Flynn moved the adoption of division S-3405B. A record roll call was requested. On the question "Shall division S-3405B be adopted?" (S.F. 531), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer 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, 3: Dvorsky McLaren Sexton Division S-3405B lost. With the failure of division S-3405B, the Chair ruled amendment S-3400, filed by Senator Flynn from the floor to page 9 of the bill, out of order. Senator Flynn asked and received unanimous consent to withdraw amendment S-3402, filed by him from the floor to page 9 of the bill. Senator Flynn asked and received unanimous consent to withdraw amendment S-3404, filed by Senators Flynn and Schuerer from the floor to page 9 of the bill. Senator Flynn offered amendment S-3401, filed by him from the floor to page 9 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3401 be adopted?" (S.F. 531), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Maddox McCoy Shearer Soukup Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Tinsman Veenstra Zieman Absent or not voting, 3: Dvorsky McLaren Sexton Amendment S-3401 lost. Senator Flynn offered amendment S-3399, filed by him from the floor to pages 14 and 15 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3399 be adopted?" (S.F. 531), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Nays, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Tinsman Veenstra Zieman Absent or not voting, 4: Dvorsky Maddox McLaren Sexton Amendment S-3399 lost. Senator Flynn asked and received unanimous consent that action on Senate File 531 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox, until he returns, on request of Senator Iverson. BUSINESS PENDING House File 582 The Senate resumed consideration of House File 582, a bill for an act relating to the division and development of land by amending provisions relating to subdivision plats and plats of survey and relating to annexation and other boundary adjustments, and providing for the Act's applicability, and amendment S-3321, previously deferred. Senator Angelo moved the adoption of amendment S-3321, which motion prevailed by a voice vote. 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. 582), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Veenstra Zieman Nays, 3: Gronstal Hansen McCoy Absent or not voting, 4: Dvorsky Maddox McLaren Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 349 Senator McKean called up for consideration Senate File 349, a bill for an act relating to information concerning contested case proceedings of the ethics and campaign disclosure board, amended by the House, and moved that the Senate refuse to concur in House amendment S-3374, filed April 17, 2001. The motion prevailed by a voice vote and the Senate refused to concur in the House amendment. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 512. Senate File 512 On motion of Senator Drake, Senate File 512, a bill for an act relating to state sales and use taxes on admittance fees for city or county swimming pools, providing limited refunds, and including effective and retroactive applicability date provisions, was taken up for consideration. Senator Lundby offered amendment S-3339, filed by her on April 11, 2001, to page 1 of the bill. Senator Boettger took the chair at 6:52 p.m. Senator Lundby moved the adoption of amendment S-3339, which motion prevailed by a voice vote. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 512), the vote was: Ayes, 37: Angelo Bartz Behn Boettger Bolkcom Deluhery Drake Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Soukup Tinsman Veenstra Zieman Nays, 9: Black Connolly Dearden Fiegen Fink Gronstal Holveck McCoy Shearer Absent or not voting, 4: Dvorsky Maddox McLaren Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 647 On motion of Senator McKinley, House File 647, a bill for an act relating to the release and use of certain personal information by the state department of transportation, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Hammond asked and received unanimous consent that action on House File 647 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Redfern, until he returns, on request of Senator Iverson. BUSINESS PENDING Senate File 531 The Senate resumed consideration of Senate File 531, 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, previously deferred. Senator Connolly offered amendment S-3415, filed by him from the floor to page 17 of the bill. President Kramer took the chair at 7:20 p.m. Senator Connolly moved the adoption of amendment S-3415. A record roll call was requested. On the question "Shall amendment S-3415 be adopted?" (S.F. 531), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy McKean Miller Shearer Soukup Nays, 24: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKibben McKinley Redwine Rehberg Rittmer Schuerer Tinsman Veenstra Zieman Absent or not voting, 4: Dvorsky McLaren Redfern Sexton Amendment S-3415 lost. 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?" (S.F. 531), the vote was: Ayes, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley Miller Redwine Rehberg Rittmer Schuerer Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Dearden Deluhery Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 4: Dvorsky McLaren Redfern Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. MOTIONS TO RECONSIDER WITHDRAWN Senator Angelo withdrew the following motion to reconsider filed by him from the floor: MADAM PRESIDENT: I move to reconsider the vote by which House File 582 passed the Senate on April 19, 2001. Senator Shearer withdrew the following motion to reconsider filed by him from the floor: MADAM PRESIDENT: I move to reconsider the vote by which House File 582 passed the Senate on April 19, 2001. BUSINESS PENDING House File 647 The Senate resumed consideration of House File 647, a bill for an act relating to the release and use of certain personal information by the state department of transportation, previously deferred. Senator McKinley 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. 647), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Dvorsky McLaren Redfern Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 535 On motion of Senator McKibben, House File 535, a bill for an act allowing cities to issue general obligation bonds, revenue bonds, or loan agreements to fund the construction and equipping of child care centers and providing an effective date, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. 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?" (H.F. 535), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Dvorsky McLaren Redfern Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING House File 271 The Senate resumed consideration of House File 271, a bill for an act adding specified document preparation and modification to the list of acts defining the activities of a real estate broker, previously deferred. Senator Fiegen offered amendment S-3411, filed by him from the floor to page 1 of the bill. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3411. 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. 271), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly 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 Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Dvorsky McLaren Redfern Sexton 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 349, 512, and 531 and House Files 271, 535, 582, and 647 be immediately messaged to the House. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 19, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 718, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, and the public employment relations board, making related statutory changes, and providing effective dates. Read first time and referred to committee on Appropriations. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:57 p.m. until 9:00 a.m. Friday, April 20, 2001. APPENDIX REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 19, 2001, 12:20 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 1266, 1267, and 1268. Recessed: 1:35 p.m. Reconvened: 2:00 p.m. Adjourned: 3:20 p.m. BILL SIGNED BY THE GOVERNOR A communication was received announcing that on April 19, 2001, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 465 - Creating a fund for the use of the state department of transportation to purchase soydiesel fuel for use in its vehicles and providing an effective date. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 25, by Miller and Fraise, 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 a symbol for the state of Iowa. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 534, by Hansen, a bill for an act relating to the authorization of an instant lottery game to fund recreational bike trails. Read first time under Rule 28 and referred to committee on State Government. Senate File 535, by committee on Appropriations, a bill for an act 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. Read first time under Rule 28 and placed on Appropriations calendar. SUBCOMMITTEE ASSIGNMENTS House File 705 WAYS AND MEANS: Connolly, Chair; Redwine and Rehberg House File 711 WAYS AND MEANS: Rehberg, Chair; Flynn and Greiner House File 715 WAYS AND MEANS: Redwine, Chair; Drake and Harper COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 532 (SSB 1266), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 25: Lamberti, Kramer, Flynn, Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none. 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 532, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 533 (SSB 1267), a bill for an act relating to and making appropriations to the tobacco settlement trust fund and providing a contingent effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 25: Lamberti, Kramer, Flynn, Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none. 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 533, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 535 (SSB 1268), a bill for an act 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. 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 535, and they were attached to the committee report. AMENDMENTS FILED S-3395 S.F. 526 Jack Holveck S-3396 H.F. 643 Johnie Hammond S-3397 H.F. 697 Kitty Rehberg S-3398 S.F. 527 Robert E. Dvorsky Jeff Angelo S-3399 S.F. 531 Tom Flynn S-3400 S.F. 531 Tom Flynn S-3401 S.F. 531 Tom Flynn S-3402 S.F. 531 Tom Flynn S-3403 S.F. 531 Tom Flynn S-3404 S.F. 531 Tom Flynn Neal Schuerer S-3405 S.F. 531 Tom Flynn S-3406 S.F. 530 Jeff Angelo S-3407 H.F. 670 Nancy Boettger S-3408 S.F. 528 Matt McCoy S-3409 H.F. 349 John Redwine S-3410 H.F. 696 John P. Kibbie S-3411 H.F. 271 Thomas Fiegen S-3412 S.F. 528 Michael E. Gronstal S-3413 S.F. 528 Steven D. Hansen S-3414 S.F. 528 Thomas Fiegen S-3415 S.F. 531 Mike Connolly S-3416 S.F. 526 Thomas Fiegen S-3417 S.F. 526 Mike Connolly Thomas Fiegen S-3418 S.F. 526 Mark Shearer Thomas Fiegen 1196 JOURNAL OF THE SENATE 102nd Day 102nd Day THURSDAY, APRIL 19, 2001 1197
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