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ONE-HUNDRED SIXTH CALENDAR DAY SIXTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 23, 2001 The Senate met in regular session at 1:20 p.m., President Kramer presiding. Prayer was offered by Father Michael Schueller, pastor of St. Boniface Catholic Church in Garner and St. Wenceslaus Catholic Church in Duncan, Iowa, guest of Senator Gaskill. The Journal of Friday, April 20, 2001, was approved. The Senate stood at ease at 1:47 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:30 p.m., President Kramer 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 23, 2001, passed the following bills in which the concurrence of the House was asked: Senate File 265, a bill for an act prohibiting the installation, distribution, or sale of nonoperative air bags and providing a penalty. Senate File 313, a bill for an act relating to removal of county board of supervisor appointees. Senate File 323, a bill for an act relating to the standard for investment of retirement funds by municipal utilities. ALSO: That the House has on April 23, 2001, amended and adopted the following resolution in which the concurrence of the Senate is asked: Senate Joint Resolution 3, a joint resolution authorizing the sixth judicial district department of correctional services to extend a lease-purchase agreement and providing an effective date. (S-3425) ALSO: That the House has on April 23, 2001, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 81, a bill for an act relating to limitations on the disbursement of economic development financial assistance moneys by state agencies. (S-3426) Senate File 84, a bill for an act prohibiting the sale or distribution of purple loosestrife. (S-3427) UNFINISHED BUSINESS (Deferred April 19, 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 19, 2001. Senator Fiegen offered amendment S-3416, filed by him on April 19, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3416 lost by a voice vote. Senator Shearer offered amendment S-3418, filed by Senators Shearer and Fiegen on April 19, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3418 lost by a voice vote. Senator Connolly offered amendment S-3417, filed by Senators Connolly and Fiegen on April 19, 2001, to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3417 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, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3417 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren, until he returns, on request of Senator Bartz. BUSINESS PENDING Senate File 526 The Senate resumed consideration of Senate File 526. 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. 526), the vote was: Ayes, 32: Angelo Bartz Behn Boettger Drake Flynn Freeman Gaskill Greiner Gronstal Hansen Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McCoy McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 17: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Fraise Hammond Harper Holveck Horn Kibbie McKean Shearer Soukup Absent or not voting, 1: 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 526 be immediately messaged to the House. UNFINISHED BUSINESS House File 687 On motion of Senator Drake, House File 687, a bill for an act relating to government accountability, by providing for strategic planning, performance measurement and reporting, performance audits, performance contracting, return on investment, and oversight, and providing for its implementation, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Drake offered amendment S-3354, filed by him on April 12, 2001, to pages 3 and 5 of the bill, and moved its adoption. Amendment S-3354 was adopted by a voice vote. Senator Lamberti offered amendment S-3384, filed by him on April 18, 2001, to page 4 and to the title page of the bill. Senator Gronstal raised the point of order that amendment S-3384 was not germane to the bill. The Chair ruled the point not well-taken and amendment S-3384 in order. Senator Gronstal asked and received unanimous consent that action on amendment S-3384 and House File 687 be deferred. MOTION TO RECONSIDER ADOPTED Senator Iverson called up the motion to reconsider Senate File 514, filed by him on April 17, 2001, found on page 1165 of the Senate Journal, and moved its adoption. On the question "Shall the motion to reconsider be adopted?" (S.F. 514), the vote was: Ayes, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Veenstra Zieman Nays, 24: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy McLaren Rittmer Shearer Soukup Tinsman Absent or not voting, none. The motion prevailed. The motions to reconsider Senate File 514, filed by Senators Bartz and Shearer on April 17, 2001, and found on page 1165 of the Senate Journal, were out of order. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 514 be referred to the committee on Ways and Means. RECESS On motion of Senator Iverson, the Senate recessed at 4:44 p.m. until the completion of a meeting of the committee on Ways and Means. RECONVENED The Senate reconvened at 6:47 p.m., President Kramer presiding. QUORUM CALL Senator Angelo requested a nonrecord roll call to determine that a quorum was present. The vote revealed 34 present, 16 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 23, 2001, passed the following bills in which the concurrence of the House was asked: Senate File 354, a bill for an act relating to limitations on filing medical assistance claims against a decedent's estate. Senate File 412, a bill for an act relating to the compulsory attendance age and attendance at school during the regular school calendar by a child who has reached the age of sixteen. 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. ALSO: That the House has on April 23, 2001, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 73, a bill for an act relating to the powers and duties of the executive director of the commission of veterans affairs by providing for the recognition of honor guard units of veterans organizations to perform honor guard services. 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. House File 674, a bill for an act relating to the reorganization or dissolution of an area education agency. ALSO: That the House has on April 23, 2001, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 209, a bill for an act providing for the control of paratuberculosis, and providing for penalties. (S-3444) Senate File 336, a bill for an act relating to the authority of the state board of educational examiners to develop a code of professional rights and responsibilities, practices, and ethics for practitioners. (S-3436) Senate File 466, a bill for an act relating to child care and protection public policy provisions involving children. (S-3443) Senate File 470, a bill for an act relating to the regulation of infectious and contagious diseases in animals, and providing for penalties. (S-3438) Senate File 473, a bill for an act relating to the regulation of securities, by defining the terms "agent" and "security", providing registration requirements, providing for disciplinary actions, imposing fees and civil penalties, providing for testimony and the production of evidence, authorizing cooperation with law enforcement entities, providing criminal penalties, and eliminating reporting requirements. (S-3434) ALSO: That the House has on April 23, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 713, a bill for an act relating to the administration of county government by providing for the issuance of certain lease or lease-purchase contracts, the recording of certain property transfers, the striking of a requirement to record returns of marriage with real estate recordings, the imposition of a real estate installment contract fee, and changing the date for reporting and paying agricultural land tax credits and family farm tax credits. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 23, 2001, insisted on its amendment to 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 the members of the conference committee on the part of the House are: the representative from Adair, Representative Baudler, Chair; the representative from Hamilton, Representative Eichhorn; the representative from Davis, Representative Kreiman; the representative from Linn, Representative Larson; the representative from Wapello, Representative Tremmel. President Pro Tempore McKean took the chair at 6:55 p.m. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Black, for the remainder of the day, and Senators Dearden, Deluhery, Fink, Flynn, Horn, McCoy, and Shearer, until they return, on request of Senator Gronstal. UNFINISHED BUSINESS House File 680 On motion of Senator Tinsman, House File 680, a bill for an act relating to child and dependent abuse reporting and civil remedies pertaining to such reporting, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Tinsman offered amendment S-3302, filed by the committee on Human Resources on April 5, 2001, to pages 3, 5, 7, and 8 of the bill, and moved its adoption. Amendment S-3302 was adopted by a voice vote. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 680), the vote was: Ayes, 42: Angelo Bartz Behn Boettger Bolkcom Connolly Drake Dvorsky Fiegen Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 8: Black Dearden Deluhery Fink Flynn Horn McCoy Shearer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS (Deferred April 9, 2001) House File 643 The Senate resumed consideration of House File 643, a bill for an act providing statutory revisions relating to the department of education, school districts, and the kindergarten through grade twelve educational program, deferred April 9, 2001. Senator Connolly asked and received unanimous consent that action on House File 643 be deferred. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 680 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred April 19, 2001) House File 707 The Senate resumed consideration of 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, deferred April 19, 2001. Senator Redwine asked and received unanimous consent to withdraw amendment S-3435, filed by him from the floor to page 1 and to the title page of the bill. 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. 707), the vote was: Ayes, 46: Angelo Bartz Behn Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 1: Shearer Absent or not voting, 3: Black Flynn Horn The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Redwine asked and received unanimous consent that Senate File 517 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Veenstra asked and received unanimous consent that House File 707 be immediately messaged to the House. UNFINISHED BUSINESS House File 564 On motion of Senator Zieman, House File 564, a bill for an act providing for the reversion of dividends and distributions by certain cooperative associations, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Fiegen offered amendment S-3433, filed by him from the floor to pages 1 and 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3433 be adopted?" (H.F. 564), the vote was: Ayes, 12: Bolkcom Connolly Dearden Deluhery Fiegen Fink Hammond Hansen Harper Holveck Shearer Soukup Nays, 35: Angelo Bartz Behn Boettger Drake Dvorsky Fraise Freeman Gaskill Greiner Gronstal Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Black Flynn Horn Amendment S-3433 lost. Senator Fiegen offered amendment S-3446, filed by him from the floor to page 1 of the bill, and moved its adoption. Amendment S-3446 lost by a voice vote. Senator Fraise offered amendment S-3421, filed by Senators Fraise and Zieman on April 20, 2001, to page 2 of the bill, and moved its adoption. Amendment S-3421 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. 564), the vote was: Ayes, 43: Angelo Bartz Behn Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen 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, 4: Deluhery Fiegen Harper Holveck Absent or not voting, 3: Black Flynn Horn The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 564 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:57 p.m. until 9:00 a.m. Tuesday, April 24, 2001. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Mitch Carlyle, Denison - For achieving the rank of Eagle Scout, Troop 55. Senator King (04/23/01). Lucas Lechtenberg, Denison - For achieving the rank of Eagle Scout, Troop 55. Senator King (04/23/01). REPORT OF COMMITTEE MEETING WAYS AND MEANS Convened: April 23, 2001, 5:16 p.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: Passed SF 514 (as amended). Adjourned: 5:43 p.m. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 452, the following corrections were made: 1. Page 1, line 4, the letters "OA." were changed to the number "1." 2. Page 1, line 7, the number "1." was changed to the number "2.". 3. Page 1, line 10, the number "2." was changed to the number "3.". 4. Page 1, line 34, the words "plans shall" were changed to the word "shall". 5. Page 2, line 14, the letter "d." was changed to the letter "b." MICHAEL E. MARSHALL Secretary of the Senate 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 23rd day of April, 2001: Senate Files 114, 186, 384, 452, and 511. MICHAEL E. MARSHALL Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 23, 2001, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 433 - Relating to certain programs and public health issues under the purview of the Iowa department of public health, and providing a penalty. S.F. 449 - Exempting property owned and operated by an Indian housing authority from property tax and including an effective date. S.F. 462 - Relating to the energy loan fund administered by the department of natural resources. STUDY BILL RECEIVED SSB 1270 Ways and Means Relating to physical plant and equipment levy amounts collected in urban renewal areas, providing an effective date, and providing for the Act's applicability. SUBCOMMITTEE ASSIGNMENTS Senate File 514 WAYS AND MEANS: McKibben, Chair; Flynn and Miller Senate File 534 STATE GOVERNMENT: McKean, Chair; Deluhery and King SSB 1270 WAYS AND MEANS: Connolly, Chair; Miller and Rehberg COMMITTEE REPORT WAYS AND MEANS Final Bill Action: SENATE FILE 514 (formerly SFs 31 and 226), a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3441. Final Vote: Ayes, 11: McKibben, McKinley, Deluhery, Drake, Flynn, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, 4: Harper, Bolkcom, Connolly, and Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3423 S.F. 530 Jeff Angelo S-3424 S.F. 530 Steve King Robert E. Dvorsky Michael E. Gronstal Dennis H. Black Patrick J. Deluhery Wally E. Horn Steven D. Hansen Joe Bolkcom Bill Fink Eugene S. Fraise Matt McCoy Neal Schuerer Richard F. Drake Mark Zieman Kitty Rehberg Jerry Behn Mark Shearer Betty A. Soukup Patricia Harper Johnie Hammond Jack Holveck John P. Kibbie Tom Flynn Larry McKibben JoAnn Johnson Paul McKinley S-3425 S.J.R. 3 House S-3426 S.F. 81 House S-3427 S.F. 84 House S-3428 S.F. 530 Robert E. Dvorsky S-3429 S.F. 530 Thomas Fiegen S-3430 S.F. 530 Thomas Fiegen S-3431 S.F. 530 Eugene S. Fraise Mark Shearer Johnie Hammond Robert E. Dvorsky S-3432 S.F. 530 Jack Holveck Robert E. Dvorsky Mary A. Lundby Thomas Fiegen Mark Shearer Tom Flynn Patrick J. Deluhery Mike Connolly Bill Fink Joe Bolkcom Patricia Harper Johnie Hammond Michael E. Gronstal Betty A. Soukup Matt McCoy Eugene S. Fraise John P. Kibbie Steven D. Hansen Wally E. Horn Dick L. Dearden Dennis H. Black S-3433 H.F. 564 Thomas Fiegen S-3434 S.F. 473 House S-3435 H.F. 707 John Redwine S-3436 S.F. 336 House S-3437 H.F. 643 Wally E. Horn S-3438 S.F. 470 House S-3439 S.F. 530 Steven D. Hansen S-3440 S.F. 516 Larry McKibben S-3441 S.F. 514 Ways and Means S-3442 S.F. 521 Larry McKibben S-3443 S.F. 466 House S-3444 S.F. 209 House S-3445 S.F. 530 Jack Holveck O. Gene Maddox S-3446 H.F. 564 Thomas Fiegen 1240 JOURNAL OF THE SENATE 106th Day 106th Day MONDAY, APRIL 23, 2001 1241
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