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ONE-HUNDRED SEVENTH CALENDAR DAY SIXTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, April 24, 2001 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by the Reverend Greg Stamm, pastor of the Community Reformed Church in Clinton, Iowa, guest of Senator Rittmer. The Journal of Monday, April 23, 2001, was approved. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator McLaren asked and received unanimous consent to take up for immediate consideration Senate Resolution 41. Senate Resolution 41 On motion of Senator Fink, Senate Resolution 41, a Senate resolution recognizing Iowa State University graduates Marcus Fizer and Fred Hoiberg for serving as "Literacy Champions," with report of committee recommending passage, was taken up for consideration. Senator Fink moved the adoption of Senate Resolution 41, which motion prevailed by a voice vote. SPECIAL GUESTS Senator McLaren introduced former Iowa State basketball players Marcus Fizer and Fred Hoiberg, accompanied by Christie Vilsack, First Lady of the State of Iowa. Senator Hammond presented Marcus Fizer and Fred Hoiberg with enrolled copies of Senate Resolution 41. Mr. Fizer and Mr. Hoiberg addressed the Senate with brief remarks. The Senate rose and expressed its appreciation. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Gaskill, until he arrives, on request of Senator Sexton; and Senator Lundby, until she arrives, on request of Senator Iverson. HOUSE AMENDMENT CONSIDERED Senate File 84 Senator Johnson called up for consideration Senate File 84, a bill for an act prohibiting the sale or distribution of purple loosestrife, amended by the House, and moved that the Senate concur in House amendment S-3427, filed April 23, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Johnson 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. 84), the vote was: Ayes, 46: Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 2: Angelo Greiner Absent or not voting, 2: Gaskill Lundby 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 84 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 514 On motion of Senator McKibben, Senate File 514, a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability, placed on the Unfinished Business Calendar on April 5, 2001, with report of committee on Ways and Means recommending amendment and passage, was taken up for consideration. The Senate stood at ease at 9:39 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:30 a.m., President Kramer presiding. Senator McKibben offered amendment S-3441, filed by the committee on Ways and Means on April 23, 2001, to pages 10 and 21 of the bill. President Pro Tempore McKean took the chair at 11:05 a.m. Senator Hansen called for the following division of amendment S-3441: Division S-3441A: Page 1, lines 2-31; and Division S-3441B: Page 1, lines 32-50; and page 2, lines 1-34. President Kramer took the chair at 11:19 a.m. Senator Hansen raised the point of order that division S-3441A was not germane to the bill. The Chair ruled the point not well-taken and division S-3441A in order. President Pro Tempore McKean took the chair at 11:28 a.m. (Action on division S-3441A and Senate File 514 was deferred, division S-3441B pending.) The Senate stood at ease at 11:33 a.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 12:42 p.m., Senator Veenstra presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren, for the remainder of the week, on request of Senator Jensen. QUORUM CALL Senator Johnson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 46 present, 4 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Kramer, until she returns, on request of Senator Iverson; Senator McCoy, until he returns, on request of Senator Gronstal; and Senator Rittmer, until he returns, on request of Senator Jensen. BUSINESS PENDING Senate File 514 The Senate resumed consideration of Senate File 514, a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability, and division S-3441A, previously deferred (division S-3441B pending). Senator McKibben moved the adoption of division S-3441A. A record roll call was requested. On the question "Shall division S-3441A be adopted?" (S.F. 514), the vote was: Ayes, 28: Angelo Bartz Behn Boettger Drake Fiegen Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Tinsman Veenstra Zieman Nays, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Shearer Soukup Absent or not voting, 4: Kramer McCoy McLaren Rittmer Division S-3441A was adopted. Senator McKibben offered amendment S-3460, filed by him from the floor to page 1 of division S-3441B. Amendment S-3460 was adopted by a voice vote. Senator Holveck asked and received unanimous consent that action on division S-3441B, as amended, and Senate File 514 be deferred. HOUSE AMENDMENT CONSIDERED Senate File 81 Senator Angelo called up for consideration Senate File 81, a bill for an act relating to limitations on the disbursement of economic development financial assistance moneys by state agencies, amended by the House, and moved that the Senate concur in House amendment S-3426, filed April 23, 2001. A nonrecord roll call was requested. Rule 23, requiring all senators present to vote except those who express a conflict of interest, was invoked. The ayes were 25, nays 23. The motion prevailed and the Senate concurred in the House amendment. Senator Angelo 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. 81), the vote was: Ayes, 43: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Drake Fink Flynn Fraise Freeman Gaskill Greiner Gronstal 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, 5: Bolkcom Dvorsky Fiegen Hammond Shearer Absent or not voting, 2: McCoy McLaren 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 209 Senator Kibbie called up for consideration Senate File 209, a bill for an act providing for the control of paratuberculosis, and providing for penalties, amended by the House, and moved that the Senate concur in House amendment S-3444, filed April 23, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Kibbie 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. 209), the vote was: Ayes, 49: 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 Shearer Soukup Tinsman Veenstra Zieman Nays, none. 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. BUSINESS PENDING Senate File 514 The Senate resumed consideration of Senate File 514, a bill for an act relating to a maximum property tax dollars limitation for counties and providing for the Act's applicability, and division S-3441B, as amended, previously deferred. Senator Holveck offered amendment S-3473, filed by Senators Holveck and McKibben from the floor to page 2 of division S-3441B, and moved its adoption. Amendment S-3473 was adopted by a voice vote. Senator McKibben moved the adoption of division S-3441B, as amended, which motion prevailed by a voice vote. Senator McKibben moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 514), the vote was: Rule 23, requiring all senators present to vote except those who express a conflict of interest, was invoked. Ayes, 28: Angelo Bartz Behn Boettger Drake Flynn Freeman Gaskill Greiner Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Shearer Zieman Nays, 20: Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Fraise Gronstal Hammond Hansen Harper Holveck Horn Lundby McCoy Rittmer Soukup Tinsman Veenstra Present, 1: Black Absent or not voting, 1: McLaren POINT OF ORDER Senator Bartz raised the point of order whether Rule 23 requires that a member must declare their conflict of interest when voting "Present." Senator Black stated his conflict of interest. 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 473 Senator Johnson called up for consideration 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, amended by the House in House amendment S-3434, filed April 23, 2001, and deferred to Senator Maddox. 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 Johnson 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. 473), the vote was: Ayes, 49: 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 Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. APPOINTMENT OF CONFERENCE COMMITTEE The Chair announced the following conference committee on Senate File 346 on the part of the Senate: Senators McKean, Chair; Angelo, Hammond, Holveck, and King. MOTIONS TO RECONSIDER RULED Senate File 514 The Chair ruled the following motions to reconsider filed from the floor out of order: MADAM PRESIDENT: I move to reconsider the vote by which Senate File 514 passed the Senate on April 24, 2001. LARRY McKIBBEN MADAM PRESIDENT: I move to reconsider the vote by which Senate File 514 passed the Senate on April 24, 2001. MARK SHEARER LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen, until he returns, on request of Senator Veenstra. HOUSE AMENDMENT CONSIDERED Senate File 336 Senator Redwine called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3436, filed April 23, 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. 336), 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 Johnson Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Jensen Lundby 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 Files 209, 336, 473, and 514 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 3:40 p.m. until the fall of the gavel. EVENING SESSION The Senate reconvened at 5:45 p.m., President Kramer presiding. QUORUM CALL Senator McKean requested a nonrecord roll call to determine that a quorum was present. The vote revealed 42 present, 8 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 24, 2001, passed the following bills in which the concurrence of the House was asked: Senate File 57, a bill for an act relating to approval of city ordinances granting certain utility franchises. Senate File 184, a bill for an act relating to duties of the county sheriff by increasing the fees and expenses collected by the county sheriff for various services and the release of a garnishment. Senate File 344, a bill for an act restricting the exemption in the public records law for communications made to government bodies. Senate File 418, a bill for an act relating to unemployment compensation by providing that social security pension payments are nondeductible from unemployment benefits and providing for coverage for employment by an Indian tribe. ALSO: That the House has on April 24, 2001, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: 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. House File 598, a bill for an act establishing a child protection center grant program. House File 694, a bill for an act relating to housing by creating a housing trust fund and a housing trust commission. ALSO: That the House has on April 24, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 712, a bill for an act relating to the annual filing for the family farm tax credit, to the notification to the assessor of the change in ownership or the person actively engaged in farming the tract of agricultural land for which the family farm tax credit is allowed, providing a penalty, and including effective and applicability date provisions. Read first time and referred to committee on Ways and Means. ALSO: That the House has on April 24, 2001, amended the Senate amendment, concurred in the Senate amendment as amended, and passed the following bill in which the concurrence of the Senate is asked: House File 590, a bill for an act relating to the testing of individuals and the release of the results of tests for communicable and infectious diseases and for the human immunodeficiency virus and making penalties applicable. (S-3456) CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 530. Senate File 530 On motion of Senator Angelo, Senate File 530, a bill for an act relating to and making appropriations to the justice system, making related statutory changes, and providing an effective date, was taken up for consideration. Senator Angelo asked and received unanimous consent to withdraw amendment S-3394, filed by him on April 18, 2001, to pages 2, 12, 18, 21, and 26-28 of the bill. With the withdrawal of amendment S-3394, the Chair ruled amendment S-3406, filed by Senator Angelo on April 19, 2001, to page 1 of amendment S-3394, out of order. Senator Angelo offered amendment S-3420, filed by him on April 20, 2001, to pages 2, 12, 18, 21, and 26-28 of the bill, and moved its adoption. Amendment S-3420 was adopted by a voice vote. Senator Holveck offered amendment S-3432, filed by Senator Holveck, et al., on April 23, 2001, to page 4 of the bill. Senator Holveck asked and received unanimous consent that action on amendment S-3432 be deferred. Senator Angelo offered amendment S-3477, filed by Senators Angelo and Lundby from the floor to page 4 of the bill, and moved its adoption. Amendment S-3477 was adopted by a voice vote. With the adoption of amendment S-3477, the Chair ruled amendment S-3432, previously deferred, out of order. Senator Fraise asked and received unanimous consent to withdraw amendment S-3391, filed by Senators Fraise and Hammond on April 18, 2001, to pages 6-8 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Rittmer, until he returns, on request of Senator McKean. BUSINESS PENDING Senate File 530 The Senate resumed consideration of Senate File 530. Senator Fraise offered amendment S-3431, filed by Senator Fraise, et al., on April 23, 2001, to pages 6-8 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3431 be adopted?" (S.F. 530), 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, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: McLaren Rittmer Amendment S-3431 lost. Senator Angelo offered amendment S-3476, filed by him from the floor to pages 6-8, 21, and 23 of the bill. Senator Angelo asked and received unanimous consent that action on amendment S-3476 be deferred. Senator Dvorsky offered amendment S-3428, filed by him on April 23, 2001, to pages 13 and 14 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3428 be adopted?" (S.F. 530), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer 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, 1: McLaren Amendment S-3428 lost. Senator Hansen offered amendment S-3439, filed by him on April 23, 2001, to page 13 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3439 be adopted?" (S.F. 530), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Redwine 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 Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3439 lost. Senator Boettger took the chair at 6:49 p.m. Senator Dvorsky offered amendment S-3472, filed by Senators Dvorsky, Hammond, and Bolkcom from the floor to page 14 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3472 be adopted?" (S.F. 530), 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-3472 lost. Senator Angelo offered amendment S-3393, filed by him on April 18, 2001, to page 18 of the bill. Senator Dvorsky called for the following division of amendment S-3393: Division S-3393A: Lines 2-4; and Division S-3393B: Lines 5-7. Senator Angelo moved the adoption of division S-3393A, which motion prevailed by a voice vote. Senator Angelo moved the adoption of division S-3393B. A record roll call was requested. On the question "Shall division S-3393B be adopted?" (S.F. 530), the vote was: Ayes, 30: Angelo Bartz Behn Boettger Drake Flynn Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 1: McLaren Division S-3393B was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Bartz, until he returns, on request of Senator Freeman. BUSINESS PENDING Senate File 530 The Senate resumed consideration of Senate File 530. Senator Fiegen offered amendment S-3430, filed by him on April 23, 2001, to pages 21 and 22 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3430 be adopted?" (S.F. 530), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 27: Angelo Behn Boettger 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, 2: Bartz McLaren Amendment S-3430 lost. Senator Angelo asked and received unanimous consent to withdraw amendment S-3422, filed by him on April 20, 2001, to page 22 of the bill. Senator Angelo offered amendment S-3423, filed by him on April 23, 2001, to page 22 of the bill, and moved its adoption. Amendment S-3423 was adopted by a voice vote. Senator Fiegen offered amendment S-3429, filed by him on April 23, 2001, to page 23 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3429 be adopted?" (S.F. 530), the vote was: Rule 23, requiring all senators present to vote except those who express a conflict of interest, was invoked. Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer 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, 1: McLaren Amendment S-3429 lost. President Kramer took the chair at 7:53 p.m. Senator King offered amendment S-3424, filed by Senator King, et al., on April 23, 2001, to pages 24 and 26 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3424 be adopted?" (S.F. 530), the vote was: Ayes, 31: Behn Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Greiner Gronstal Hammond Hansen Harper Holveck Horn Johnson Kibbie King McCoy McKibben McKinley Rehberg Rittmer Schuerer Shearer Soukup Zieman Nays, 18: Angelo Bartz Boettger Freeman Gaskill Iverson Jensen Kramer Lamberti Lundby Maddox McKean Miller Redfern Redwine Sexton Tinsman Veenstra Absent or not voting, 1: McLaren Amendment S-3424 was adopted. Senator Holveck offered amendment S-3445, filed by Senators Holveck and Maddox on April 23, 2001, to page 29 of the bill, and moved its adoption. Amendment S-3445 was adopted by a voice vote. The Senate resumed consideration of amendment S-3476, previously deferred. Senator Dvorsky called for the following division of amendment S-3476: Division S-3476A: Lines 2-24 and 29-31; and Division S-3476B: Lines 25-28. Senator Angelo moved the adoption of division S-3476A, which motion prevailed by a voice vote. Senator Angelo moved the adoption of division S-3476B. A record roll call was requested. On the question "Shall division S-3476B be adopted?" (S.F. 530), the vote was: Ayes, 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 Nays, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 1: McLaren Division S-3476B was adopted. 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. 530), the vote was: Ayes, 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 Nays, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy 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. UNFINISHED BUSINESS (Deferred April 18, 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 18, 2001 (amendment S-3367 pending). Senator Fiegen offered amendment S-3461, filed by him from the floor to pages 2 and 4-6 of the bill, and moved its adoption. Amendment S-3461 lost by a voice vote. Senator Fiegen offered amendment S-3464, filed by him from the floor to pages 2 and 4-6 of the bill, and moved its adoption. Amendment S-3464 lost by a voice vote. Senator Fiegen offered amendment S-3465, filed by him from the floor to pages 2 and 4-6 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3465 be adopted?" (H.F. 502), the vote was: Ayes, 22: Bartz Black Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Harper Holveck Horn Kibbie McCoy McKean Shearer Soukup Nays, 27: Angelo Behn Boettger Freeman Gaskill Greiner Hansen 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-3465 lost. Senator Fiegen offered amendment S-3466, filed by him from the floor to pages 2 and 4-6 of the bill. Senator Fiegen moved the adoption of amendment S-3466. Amendment S-3466 lost by a voice vote. Senator Fiegen offered amendment S-3479, filed by him from the floor to pages 2 and 4-6 of the bill, and moved its adoption. Amendment S-3479 lost by a voice vote. Senator Greiner asked and received unanimous consent to withdraw amendment S-3448, filed by her from the floor to page 4 of the bill. Senator Fiegen offered amendment S-3478, filed by him from the floor to pages 4 and 7 of the bill. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3478. Senator Greiner offered amendment S-3480, filed by her from the floor to page 4 of the bill and moved its adoption. Amendment S-3480 was adopted by a voice vote. The Senate resumed consideration of amendment S-3367, previously deferred. Senator Fiegen moved the adoption of amendment S-3367. Amendment S-3367 lost by a voice vote. Senator Fiegen offered amendment S-3467, filed by him from the floor to pages 4-6 of the bill. Senator Greiner raised the point of order that amendment S-3467 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3467 out of order. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3468, filed by him from the floor to pages 4-6 of the bill. Senator Greiner offered amendment S-3372, filed by her on April 17, 2001, to page 6 of the bill, and moved its adoption. Amendment S-3372 was adopted by a voice vote. Senator Fiegen offered amendment S-3462, filed by him from the floor to page 7 of the bill. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3462. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3463, filed by him from the floor to page 7 of the bill. Senator Fiegen offered amendment S-3469, filed by him from the floor to page 7 of the bill. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3469. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3474, filed by him from the floor to page 7 of the bill. Senator Fiegen offered amendment S-3483, filed by him from the floor to pages 1, 7, and to the title page of the bill. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3483. Senator Fiegen asked and received unanimous consent to withdraw amendment S-3484, filed by him from the floor to pages 2, and 4-6 of the bill. Senator Greiner 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. 502), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Connolly Deluhery Drake 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, 7: Bolkcom Dearden Dvorsky Fiegen Hammond Holveck Shearer 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 House File 502 be immediately messaged to the House. WITHDRAWN Senator Greiner asked and received unanimous consent that Senate File 456 be withdrawn from further consideration of the Senate. 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 24, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 716, a bill for an act providing for taxes relating to the sale of ethanol blended gasoline, making penalties applicable, and providing for the Act's applicability. Read first time and attached to similar Senate File 518. RECESS On motion of Senator Iverson, the Senate recessed at 10:25 p.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 10:30 p.m., President Kramer presiding. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 535. Senate File 535 On motion of Senator Redfern, Senate File 535, 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, was taken up for consideration. Senator Redfern asked and received unanimous consent that action on Senate File 535 be deferred. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 10:38 p.m. until 9:00 a.m. Wednesday, April 25, 2001. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Forty English-as-a-Second-Language students from Davenport West High School, Davenport, Iowa, accompanied by Karin Hanson. Senators Deluhery, Fiegen, and Tinsman. SIMILAR BILL RECEIVED On April 24, 2001, House File 716 was received and attached to similar Senate File 518 on the Senate calendar. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 24, 2001, 5:00 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, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Lundby (excused). Committee Business: Passed HFs 706 and 718. Adjourned: 5:40 p.m. RULES AND ADMINISTRATION Convened: April 24, 2001, 10:26 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Members Absent: None. Committee Business: Passed SR 42 and LSB 3676xc. Adjourned: 10:27 p.m. WAYS AND MEANS Convened: April 24, 2001, 4:27 p.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Maddox, Miller, Redwine, and Rehberg. Members Absent: Lamberti (excused). Committee Business: Passed HFs 705, 711, and 715. Approved SSB 1270 (as amended). Adjourned: 4:46 p.m. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 26, by committee on Rules and Administration, a concurrent resolution requesting that the Attorney General of the State of Iowa vigorously enforce Iowa corporate farming law which prohibits processors from owning, controlling, or operating a feedlot in Iowa in which hogs or cattle are fed for slaughter. Read first time under Rule 28 and placed on calendar. Senate Resolution 42, by Hansen, a Senate resolution recognizing Don "Skip" Meisner upon his retirement. Read first time under Rule 28 and referred to committee on Rules and Administration. STUDY BILL RECEIVED SSB 1271 Appropriations Relating to and making appropriations from the tobacco settlement endowment fund and the healthy Iowans tobacco trust, establishing certain uses for the appropriations, and providing an effective date. SUBCOMMITTEE ASSIGNMENTS House File 712 WAYS AND MEANS: Rehberg, Chair; Flynn and Greiner House File 713 WAYS AND MEANS: Miller, Chair; Bolkcom and Greiner SSB 1271 APPROPRIATIONS: Kramer, Chair; Hammond and Lamberti 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 24th day of April, 2001: Senate Files 62, 168, 169, 259, and 337. MICHAEL E. MARSHALL Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 24, 2001, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 355 - Providing for the release of custody and termination of parental rights for certain newborn infants whose parent or person authorized to act on the parent's behalf relinquishes physical custody at certain health facilities and providing certain immunity from prosecution and civil liability for such parent or person, establishing confidentiality protections and a penalty, and providing an effective date. S.F. 497 - Relating to the governance of the Iowa public employees' retirement system and providing an effective date. S.F. 500 - Relating to insurance, by addressing the operation and regulation of insurance companies, mutual insurance associations, the Iowa insurance guaranty association, and other insurance or risk-assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner; by establishing jurisdiction and venue requirements for actions against the Iowa insurance guaranty association; and providing penalties, repeals, and effective dates. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 514, the following corrections were made: 1. Page 23, line 21, the words and numbers "Sections 100 through 102" were changed to the words and numbers "Sections 24 through 26". 2. Page 23, line 23, the word and number "Section 200" were changed to the word and number "Section 27". MICHAEL E. MARSHALL Secretary of the Senate MOTIONS TO RECONSIDER FILED MADAM PRESIDENT: I move to reconsider the vote by which Senate File 81 passed the Senate on April 24, 2001. MARY A. LUNDBY MADAM PRESIDENT: I move to reconsider the vote by which Senate File 530 passed the Senate on April 24, 2001. ANDY McKEAN COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: HOUSE FILE 706, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Recommendation: DO PASS. Final Vote: Ayes, 24: Lamberti, Kramer, Flynn, Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. 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. RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 26 (LSB 3676xc), a concurrent resolution requesting that the Attorney General of the State of Iowa vigorously enforce Iowa corporate farming law which prohibits processors from owning, controlling, or operating a feedlot in Iowa in which hogs or cattle are fed for slaughter. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 42, a Senate resolution recognizing Don "Skip" Meisner upon his retirement. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 14: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, 1: Lamberti. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 711, a bill for an act relating to the levy of tax assessments for drainage or levee districts. Recommendation: DO PASS. Final Vote: Ayes, 13: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, 2: Lamberti and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 13: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, 2: Lamberti and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3447 S.F. 535 Joe Bolkcom S-3448 H.F. 502 Sandra Greiner S-3449 S.F. 535 Mike Connolly Joe Bolkcom Patrick J. Deluhery Tom Flynn Jack Holveck Betty A. Soukup Matt McCoy Patricia Harper Robert E. Dvorsky S-3450 S.F. 535 Tom Flynn Steven D. Hansen Bill Fink Jack Holveck Thomas Fiegen Matt McCoy Dennis H. Black Patrick J. Deluhery Mike Connolly Robert E. Dvorsky John P. Kibbie S-3451 S.F. 535 Joe Bolkcom Patrick J. Deluhery Tom Flynn Matt McCoy Jack Holveck Thomas Fiegen Betty A. Soukup Dennis H. Black Patricia Harper Johnie Hammond Robert E. Dvorsky S-3452 S.F. 535 Mike Connolly Joe Bolkcom Patrick J. Deluhery Tom Flynn Jack Holveck Thomas Fiegen Betty A. Soukup Matt McCoy Dennis H. Black Patricia Harper Johnie Hammond Robert E. Dvorsky John P. Kibbie S-3453 S.F. 535 Steven D. Hansen Robert E. Dvorsky John P. Kibbie S-3454 S.F. 535 Johnie Hammond Patricia Harper Matt McCoy Mike Connolly Joe Bolkcom Patrick J. Deluhery Jack Holveck Betty A. Soukup S-3455 S.F. 535 John P. Kibbie Steven D. Hansen Robert E. Dvorsky Dennis H. Black S-3456 H.F. 590 House S-3457 S.F. 535 Robert E. Dvorsky Johnie Hammond Bill Fink Patricia Harper Joe Bolkcom Jack Holveck Patrick J. Deluhery Tom Flynn Thomas Fiegen Betty A. Soukup Matt McCoy Dennis H. Black S-3458 S.F. 535 Patricia Harper Matt McCoy Johnie Hammond Robert E. Dvorsky John P. Kibbie Dennis H. Black Patrick J. Deluhery Joe Bolkcom Mike Connolly Bill Fink S-3459 S.F. 535 John P. Kibbie Robert E. Dvorsky Dennis H. Black S-3460 S.F. 514 Larry McKibben S-3461 H.F. 502 Thomas Fiegen S-3462 H.F. 502 Thomas Fiegen S-3463 H.F. 502 Thomas Fiegen S-3464 H.F. 502 Thomas Fiegen S-3465 H.F. 502 Thomas Fiegen S-3466 H.F. 502 Thomas Fiegen S-3467 H.F. 502 Thomas Fiegen S-3468 H.F. 502 Thomas Fiegen S-3469 H.F. 502 Thomas Fiegen S-3470 S.F. 524 John P. Kibbie Bill Fink Betty A. Soukup Matt McCoy Mike Connolly Tom Flynn Patrick J. Deluhery Patricia Harper Johnie Hammond Thomas Fiegen Dennis H. Black Wally E. Horn Robert E. Dvorsky Eugene S. Fraise S-3471 S.F. 535 Michael E. Gronstal S-3472 S.F. 530 Robert E. Dvorsky Johnie Hammond Joe Bolkcom S-3473 S.F. 514 Jack Holveck Larry McKibben S-3474 H.F. 502 Thomas Fiegen S-3475 H.F. 349 John Redwine S-3476 S.F. 530 Jeff Angelo S-3477 S.F. 530 Jeff Angelo Mary A. Lundby S-3478 H.F. 502 Thomas Fiegen S-3479 H.F. 502 Thomas Fiegen S-3480 H.F. 502 Sandra Greiner S-3481 H.F. 519 Robert E. Dvorsky Jack Holveck Joe Bolkcom S-3482 S.F. 535 Donald B. Redfern S-3483 H.F. 502 Thomas Fiegen S-3484 H.F. 502 Thomas Fiegen 1258 JOURNAL OF THE SENATE 107th Day 107th Day TUESDAY, APRIL 24, 2001 1259
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