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ONE-HUNDRED EIGHTH CALENDAR DAY SIXTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, April 25, 2001 The Senate met in regular session at 9:05 a.m., Senator Angelo presiding. Prayer was offered by the Honorable Stewart Iverson, Jr., member of the Senate from Wright County, Dows, Iowa. The Journal of Tuesday, April 24, 2001, was approved. 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 726, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's office of drug control policy, and the commission of veterans affairs, providing a criminal surcharge increase, and providing an effective date. Read first time and referred to committee on Appropriations. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 26. Senate Concurrent Resolution 26 On motion of Senator Iverson, Senate Concurrent Resolution 26, 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, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 26, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 26 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred April 24, 2001) Senate File 535 The Senate resumed consideration of 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, deferred April 24, 2001. Senator Harper offered amendment S-3458, filed by Senator Harper, et al., on April 24, 2001, to pages 2 and 24 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3458 be adopted?" (S.F. 535), 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-3458 lost. Senator Redfern offered amendment S-3485, filed by him from the floor to page 5 of the bill, and moved its adoption. Amendment S-3485 was adopted by a voice vote. Senator Redfern offered amendment S-3482, filed by him on April 24, 2001, to pages 5, 6, 8, 11-13, 17-20, 22-24, and 26 of the bill. President Kramer took the chair at 9:55 a.m. Senator Kibbie offered amendment S-3488, filed by Senator Kibbie, et al., from the floor to pages 1 and 2 of amendment S-3482, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3488 to amendment S-3482 be adopted?" (S.F. 535), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3488 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Veenstra, until he returns, on request of Senator Zieman. BUSINESS PENDING Senate File 535 The Senate resumed consideration of Senate File 535. Senator Hammond offered amendment S-3489, filed by Senator Hammond, et al., from the floor to page 2 of amendment S-3482, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3489 to amendment S-3482 be adopted?" (S.F. 535) 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, 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 Sexton Tinsman Zieman Absent or not voting, 2: McLaren Veenstra Amendment S-3489 lost. Senator Hansen offered amendment S-3486, filed by Senators Hansen, Dvorsky, and Kibbie from the floor to page 2 of amendment S-3482, moved its adoption. Amendment S-3486 lost by a voice vote. Senator Flynn offered amendment S-3490, filed by Senator Flynn, et al., from the floor to page 2 of amendment S-3482, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3490 to amendment S-3482 be adopted?" (S.F. 535), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Tinsman Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3490 lost. Senator Redfern moved the adoption of amendment S-3482. A record roll call was requested. On the question "Shall amendment S-3482 be adopted?" (S.F. 535), 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 Amendment S-3482 was adopted. With the adoption of S-3482, the Chair ruled the following amendments out of order: S-3455, filed by Senator Kibbie, et al., on April 24, 2001, to page 11 of the bill; S-3457, filed by Senator Dvorsky, et al., on April 24, 2001, to pages 12-20 of the bill; S-3471, filed by Senator Gronstal on April 24, 2001, to page 20 of the bill; S-3453, filed by Senators Hansen, Dvorsky, and Kibbie on April 24, 2001, to page 23 of the bill; and S-3450, filed by Senator Flynn, et al., on April 24, 2001, to page 24 of the bill. Senator Hammond asked and received unanimous consent to withdraw amendment S-3454, filed by Senator Hammond, et al., on April 24, 2001, to pages 9 and 10 of the bill. Senator Connolly offered amendment S-3449, filed by Senator Connolly, et al., on April 24, 2001, to page 11 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3449 be adopted?" (S.F. 535), 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-3449 lost. Senator Veenstra asked and received unanimous consent that action on Senate File 535 be deferred. RECESS On motion of Senator Veenstra, the Senate recessed at 11:40 a.m. until 1:30 p.m. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fifth grade students from Lakeview Elementary in Centerville, Iowa, accompanied by Kim Walker. Senator McKinley. Fourth, fifth, and sixth grade students from Elma Elementary in Elma, Iowa, accompanied by Linn Murray. Senator Soukup. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: David Joswiak, Marshalltown - For receiving the 2001 Law Enforcement Victim Service Award. Senator McKibben (04/25/01). REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 25, 2001, 11:48 a.m. Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Angelo, Behn, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Black (excused). Committee Business: Passed HF 719 (as amended) and approved SSB 1271. Adjourned: 12:50 p.m. INTRODUCTION OF RESOLUTION Senate Resolution 43, by Horn, a Senate resolution urging the Iowa Department of Education's program, Regional Autism Services program, to continue compiling and maintaining yearly records regarding individuals with autism and related disorders. Read first time under Rule 28 and referred to committee on Rules and Administration. STUDY BILL RECEIVED SSB 1272 State Government Providing for congressional and legislative districts and providing an effective date. SUBCOMMITTEE ASSIGNMENTS House File 726 APPROPRIATIONS: Tinsman, Chair; Bolkcom and Lamberti SSB 1272 STATE GOVERNMENT: King, Chair; Connolly, Kibbie, Lamberti, and Sexton AFTERNOON SESSION The Senate reconvened at 1:33 p.m., President Kramer presiding. QUORUM CALL Senator Johnson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Angelo and McKean, until they return, on request of Senator Drake. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 17, 2001, passed the following bill in which the concurrence of the House was asked: Senate File 141, a bill for an act relating to the allocation of program job credits to program costs under the accelerated career education program and providing effective and retroactive applicability dates. ALSO: That the House has on April 25, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 350, a bill for an act making transportation-related Code changes relating to temporary restricted permits and temporary entry and exit permits, railroad crossings, the content of driver's licenses and nonoperator's identification cards, child restraint devices in motor vehicles, hours of service, unsatisfied judgments, and bulk liquid transport. (S-3494) BUSINESS PENDING Senate File 535 The Senate resumed consideration of 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, previously deferred. Senator Connolly offered amendment S-3452, filed by Senator Connolly, et al., on April 24, 2001, to page 11 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3452 be adopted?" (S.F. 535), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Rittmer Shearer Soukup Nays, 27: Angelo Bartz Behn Boettger Drake Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3452 lost. President Pro Tempore McKean took the chair at 2:20 p.m. Senator Bolkcom withdrew amendment S-3447, filed by him on April 24, 2001, to page 16 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer, until she returns, on request of Senator Freeman. BUSINESS PENDING Senate File 535 The Senate resumed consideration of Senate File 535. Senator Bolkcom offered amendment S-3451, filed by Senator Bolkcom, et al., on April 24, 2001, to page 16 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3451 be adopted?" (S.F. 535), the vote was: Ayes, 22: Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 26: Angelo Bartz Behn Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Kramer McLaren Amendment S-3451 lost. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Boettger and McKinley, until they return, on request of Senator Freeman. BUSINESS PENDING Senate File 535 The Senate resumed consideration of Senate File 535. Senator Kibbie offered amendment S-3459, filed by Senators Kibbie, Dvorsky, and Black on April 24, 2001, to page 23 of the bill. Senator Redfern raised the point of order that amendment S-3459 was not germane to the bill. The Chair ruled the point not well-taken and amendment S-3459 in order. Senator Kibbie moved the adoption of amendment S-3459. A record roll call was requested. On the question "Shall amendment S-3459 be adopted?" (S.F. 535), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Nays, 26: Angelo Bartz Behn Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Boettger McKinley McLaren Amendment S-3459 lost. With the failure of amendment S-3459, the Chair ruled amendment S-3487, filed by Senators Kibbie, Dvorsky, and Black from the floor to page 23 of the bill, out of order. Senator Holveck offered amendment S-3492, filed by him from the floor to page 3 of the bill, and moved its adoption. Amendment S-3492 lost by a voice vote. Senator Kibbie offered amendment S-3491, filed by Senators Kibbie and Horn from the floor to page 12 of the bill, and moved its adoption. A nonrecord roll call was requested. The ayes were 20, nays 25. Amendment S-3491 lost. Senator Redfern 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. 535), 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. President Kramer took the chair at 3:33 p.m. IMMEDIATELY MESSAGED Senator Bartz asked and received unanimous consent that Senate File 535 be immediately messaged to the House. UNFINISHED BUSINESS House File 354 On motion of Senator Redwine, House File 354, a bill for an act relating to the pronouncement of death by a physician assistant, a licensed practical nurse, or a registered nurse, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Gronstal offered amendment S-3358, filed by Senators Gronstal, Jensen, and Fraise on April 16, 2001, to page 2 and to the title page of the bill. The Senate stood at ease at 3:47 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 5:20 p.m., President Kramer presiding. Senator Redwine raised the point of order that amendment S-3358 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3358 out of order. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Johnson and Veenstra, until they return, on request of Senator McKean. BUSINESS PENDING House File 354 The Senate resumed consideration of House File 354. 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. 354), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Zieman Nays, none. Absent or not voting, 3: Johnson McLaren Veenstra The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 354 be immediately messaged to the House. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 718. House File 718 On motion of Senator Behn, 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, with report of committee recommending passage, was taken up for consideration. Senator Shearer offered amendment S-3525, filed by Senator Shearer, et al., from the floor to page 2 of the bill. Senator Shearer asked and received unanimous consent to withdraw amendment S-3525. Senator Deluhery offered amendment S-3522, filed by Senator Deluhery, et al., from the floor to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3522 be adopted?" (H.F. 718), 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, 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 Sexton Tinsman Zieman Absent or not voting, 2: McLaren Veenstra Amendment S-3522 lost. Senator Fiegen offered amendment S-3521, filed by Senator Fiegen, et al., from the floor to pages 4 and 5 of the bill, and moved its adoption. Amendment S-3521 lost by a voice vote. Senator Angelo took the chair at 5:45 p.m. Senator Bolkcom offered amendment S-3527, filed by Senator Bolkcom, et al., from the floor to pages 8-10 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3527 be adopted?" (H.F. 718), 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, 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 Sexton Tinsman Zieman Absent or not voting, 2: McLaren Veenstra Amendment S-3527 lost. Senator Flynn offered amendment S-3526, filed by Senator Flynn, et al., from the floor to pages 10 and 11 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3526 be adopted?" (H.F. 718), the vote was: Ayes, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Shearer Soukup Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Zieman Absent or not voting, 2: McLaren Veenstra Amendment S-3526 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer, until she returns, on request of Senator McKean. BUSINESS PENDING House File 718 The Senate resumed consideration of House File 718. Senator Dvorsky offered amendment S-3524, filed by Senator Dvorsky, et al., from the floor to page 13 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3524 be adopted?" (HF. 718), 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, 26: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley Miller Redwine Rehberg Rittmer Schuerer Sexton Tinsman Zieman Absent or not voting, 4: Kramer McLaren Redfern Veenstra Amendment S-3524 lost. Senator Bolkcom offered amendment S-3523, filed by Senator Bolkcom, et al., 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-3523 be adopted?" (H.F. 718), 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, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Zieman Absent or not voting, 3: Kramer McLaren Veenstra Amendment S-3523 lost. Senator Iverson offered amendment S-3528, filed by Senators Iverson and Gronstal from the floor to pages 1, 2, and 17 of the bill, and moved its adoption. Amendment S-3528 was adopted by a voice vote. Senator Behn 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. 718), 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. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 718 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 466 Senator Miller called up for consideration Senate File 466, a bill for an act relating to child care and protection public policy provisions involving children, amended by the House, and moved that the Senate refuse to concur in House amendment S-3443, filed April 23, 2001. The motion prevailed by a voice vote and the Senate refused to concur in the House amendment. President Kramer took the chair at 6:21 p.m. UNFINISHED BUSINESS Senate File 478 On motion of Senator McKean, Senate File 478, a bill for an act relating to the licensing and regulation of manufactured or mobile homes, providing that actions for rent recovery and for forcible entry and detention of real property may be merged, and providing coordinating amendments, placed on the Unfinished Business Calendar on April 5, 2001, was taken up for consideration. Senator McKean offered amendment S-3239, filed by him on March 26, 2001, to page 9 of the bill, and moved its adoption. Amendment S-3239 was adopted by a voice vote. Senator Holveck asked and received unanimous consent to withdraw amendment S-3364, filed by Senators Holveck and McKean on April 17, 2001, to pages 14, 15, and to the title page of the bill. Senator McKean offered amendment S-3230, filed by Senators McKean and Fiegen on March 26, 2001, to page 15 of the bill, and moved its adoption. Amendment S-3230 was adopted by a voice vote. Senator McKean asked and received unanimous consent that House File 656 be substituted for Senate File 478. House File 656 On motion of Senator McKean, House File 656, a bill for an act relating to the licensing and regulation of manufactured or mobile homes and providing coordinating amendments, was taken up for consideration. Senator Maddox asked and received unanimous consent to withdraw amendment S-3370, filed by him on April 17, 2001, to pages 7-9 of the bill. Senator Jensen offered amendment S-3338, filed by him on April 11, 2001, to pages 7 and 9 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3338 be adopted?" (H.F. 656), the vote was: Ayes, 13: Bartz Dearden Drake Dvorsky Fink Greiner Hammond Harper Holveck Jensen Maddox Redfern Soukup Nays, 36: Angelo Behn Black Boettger Bolkcom Connolly Deluhery Fiegen Flynn Fraise Freeman Gaskill Gronstal Hansen Horn Iverson Johnson Kibbie King Kramer Lamberti Lundby McCoy McKean McKibben McKinley Miller Redwine Rehberg Rittmer Schuerer Sexton Shearer Tinsman Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3338 lost. Senator Jensen offered amendment S-3337, filed by him on April 11, 2001, to pages 8 and 9 of the bill, and moved its adoption. Amendment S-3337 lost by a voice vote. Senator Holveck offered amendment S-3390, filed by Senators Holveck and McKean on April 18, 2001, to page 15 and to the title page of the bill, and moved its adoption. Amendment S-3390 was adopted by a voice vote. Senator McKean moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 656), the vote was: Ayes, 47: Angelo Bartz Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper 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, 1: Holveck Absent or not voting, 2: Behn McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. WITHDRAWN Senator McKean asked and received unanimous consent that Senate File 478 be withdrawn from further consideration of the Senate. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 466 and House File 656 be immediately messaged to the House. HOUSE AMENDMENT DEFERRED (Deferred April 17, 2001) Senate File 410 The Senate resumed consideration of Senate File 410, a bill for an act relating to the application of certain air quality requirements to indoor emission units or air contaminant sources, and House amendment S-3335, deferred April 17, 2001. Senator Iverson asked and received unanimous consent that action on House amendment S-3335 and Senate File 410 be deferred. Senator Angelo took the chair at 7:10 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Behn, for the remainder of the day, on request of Senator Kramer. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 706. House File 706 On motion of Senator Black, House File 706, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds, with report of committee recommending passage, was taken up for consideration. Senator Black 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. 706), the vote was: Ayes, 47: Angelo Bartz 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 Zieman Nays, none. Absent or not voting, 3: Behn McLaren Veenstra The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 25. Senate Concurrent Resolution 25 On motion of Senator Miller, Senate Concurrent Resolution 25, 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, with report of committee recommending passage, was taken up for consideration. Senator Miller moved the adoption of Senate Concurrent Resolution 25, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kramer, until she returns, on request of Senator Bartz. BUSINESS PENDING Senate File 410 The Senate resumed consideration of Senate File 410, a bill for an act relating to the application of certain air quality requirements to indoor emission units or air contaminant sources, and House amendment S-3335, previously deferred. Senator Kibbie offered amendment S-3529, filed by him from the floor to page 1 of House amendment S-3335, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3529 to House amendment S-3335 be adopted?" (S.F. 410), the vote was: Rule 23, requiring all senators present to vote except those who express a conflict of interest, was invoked. Ayes, 23: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy McKean Rittmer Shearer Soukup Nays, 24: Angelo Bartz Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Maddox McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Behn Kramer McLaren Amendment S-3529 lost. Senator Sexton moved that the Senate concur in the House amendment. A record roll call was requested. On the question "Shall the Senate concur in House amendment S-3335?" (S.F. 410), the vote was: Ayes, 25: Angelo Bartz Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Veenstra Zieman Nays, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Rittmer Shearer Soukup Tinsman Absent or not voting, 3: Behn Kramer McLaren The motion prevailed and the Senate concurred in the House amendment. Senator Sexton 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. 410), the vote was: Ayes, 26: Angelo Bartz Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Lamberti Lundby Maddox McKean McKibben McKinley Miller 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, 4: Behn Kramer McLaren Redfern The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 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 25, 2001, passed the following bill in which the concurrence of the House was asked: Senate File 519, a bill for an act relating to the assessment for property tax purposes of certain affordable housing for low-income individuals and families. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 25, Senate File 410, and House File 706 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:45 p.m. until 9:00 a.m. Thursday, April 26, 2001. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Twenty-four students and six adults from the Ukraine. The group was visiting Iowa and staying in Rockwell City, Lake View, and Jefferson as part of an FFA student exchange program promoting student leadership. Senator Sexton. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Zachary Williams - For achieving the rank of Eagle Scout, Troop 102. Senator Angelo (04/25/01). REPORT OF COMMITTEE MEETING APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: April 25, 2001, 8:02 a.m. Members Present: Jensen, Chair; Lamberti, Vice Chair; Soukup, Ranking Member; Connolly and McKibben. Members Absent: None. Committee Business: Passed TLSB 1110ja (as amended). Adjourned: 9:05 a.m. INTRODUCTION OF BILLS Senate File 536, by committee on Ways and Means, a bill for an act relating to physical plant and equipment levy amounts collected in urban renewal areas, providing an effective date, and providing for the Act's applicability. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 537, by committee on Appropriations, a bill for an act 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 effective dates. Read first time under Rule 28 and placed on Appropriations calendar. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 25, 2001, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 114 - Relating to the composition of the medical assistance advisory council. S.F. 186 - Providing for a tax levy for the county hospital fund in certain counties and providing an effective date. S.F. 384 - Relating to pay plans for certain employees of the credit union division of the department of commerce. S.F. 452 - Requiring the use of a uniform prescription drug information card by providers of third-party payment or prepayment of prescription drug expenses. S.F. 511 - Legalizing certain ordinances and amendments considered and passed by the city of Davenport in accordance with procedures no longer valid, and providing an effective date and for retroactive applicability. COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 537 (SSB 1271), a bill for an act 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 effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 24: Lamberti, Kramer, Flynn, Angelo, Behn, 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, 1: Black. 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 537, and they were attached to the committee report. ALSO: Final Bill Action: *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. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3519. Final Vote: Ayes, 17: Lamberti, Kramer, Angelo, Behn, Deluhery, Gaskill, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 7: Flynn, Bolkcom, Connolly, Dvorsky, Fiegen, Hammond, and Soukup. Absent or not voting, 1: Black. 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 House File 719, and they were attached to the committee report. WAYS AND MEANS Final Bill Action: SENATE FILE 536 (SSB 1270), a bill for an act relating to physical plant and equipment levy amounts collected in urban renewal areas, providing an effective date, and providing for the Act's applicability. Recommendation: APPROVED COMMITTEE BILL. 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-3485 S.F. 535 Donald B. Redfern S-3486 S.F. 535 Steven D. Hansen Robert E. Dvorsky John P. Kibbie S-3487 S.F. 535 John P. Kibbie Robert E. Dvorsky Dennis H. Black S-3488 S.F. 535 John P. Kibbie Steven D. Hansen Robert E. Dvorsky Dennis H. Black Wally E. Horn S-3489 S.F. 535 Johnie Hammond Matt McCoy Bill Fink Robert E. Dvorsky S-3490 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-3491 S.F. 535 John P. Kibbie Wally E. Horn S-3492 S.F. 535 Jack Holveck S-3493 S.F. 518 Sandra Greiner S-3494 S.F. 350 House S-3495 H.F. 687 Patrick J. Deluhery S-3496 H.F. 687 Joe Bolkcom S-3497 H.F. 687 Joe Bolkcom S-3498 H.F. 687 Robert E. Dvorsky S-3499 H.F. 687 Robert E. Dvorsky S-3500 H.F. 687 Robert E. Dvorsky S-3501 H.F. 687 Robert E. Dvorsky S-3502 H.F. 687 Bill Fink S-3503 H.F. 687 Mike Connolly S-3504 H.F. 687 Matt McCoy S-3505 H.F. 687 Matt McCoy S-3506 H.F. 687 Michael E. Gronstal S-3507 H.F. 687 Dennis H. Black S-3508 H.F. 687 Johnie Hammond S-3509 H.F. 687 Dennis H. Black S-3510 H.F. 687 Patricia Harper S-3511 H.F. 687 Steven D. Hansen S-3512 H.F. 687 Mike Connolly S-3513 H.F. 687 Mike Connolly S-3514 H.F. 687 Matt McCoy S-3515 H.F. 687 Michael E. Gronstal S-3516 H.F. 687 Michael E. Gronstal S-3517 H.F. 687 Bill Fink S-3518 S.F. 524 Betty A. Soukup David Miller S-3519 H.F. 719 Appropriations S-3520 S.F. 350 Mike Sexton S-3521 H.F. 718 Thomas Fiegen Betty A. Soukup Michael E. Gronstal Robert E. Dvorsky Patricia Harper Bill Fink Patrick J. Deluhery Mike Connolly S-3522 H.F. 718 Patrick J. Deluhery Robert E. Dvorsky Patricia Harper Bill Fink Joe Bolkcom Mike Connolly Mark Shearer Wally E. Horn Matt McCoy Jack Holveck S-3523 H.F. 718 Joe Bolkcom Jack Holveck Mark Shearer Mike Connolly Patrick J. Deluhery Wally E. Horn Matt McCoy S-3524 H.F. 718 Robert E. Dvorsky Johnie Hammond Patricia Harper Joe Bolkcom Patrick J. Deluhery Mark Shearer Jack Holveck Betty A. Soukup Michael E. Gronstal S-3525 H.F. 718 Mark Shearer Bill Fink Mike Connolly Jack Holveck Michael E. Gronstal Robert E. Dvorsky Johnie Hammond Patricia Harper Patrick J. Deluhery S-3526 H.F. 718 Tom Flynn Patrick J. Deluhery Mike Connolly Joe Bolkcom Mark Shearer Jack Holveck Dennis H. Black Betty A. Soukup Michael E. Gronstal Robert E. Dvorsky Patricia Harper Bill Fink S-3527 H.F. 718 Joe Bolkcom Robert E. Dvorsky Eugene S. Fraise Wally E. Horn John P. Kibbie Mike Connolly Patrick J. Deluhery S-3528 H.F. 718 Stewart Iverson, Jr. Michael E. Gronstal S-3529 S.F. 410 John P. Kibbie S-3530 S.F. 524 Mary A. Lundby David Miller O. Gene Maddox JoAnn Johnson Steve King John P. Kibbie Bill Fink Jeff Lamberti E. Thurman Gaskill Paul McKinley Nancy Boettger Mike Connolly Betty A. Soukup Steven D. Hansen Tom Flynn 1296 JOURNAL OF THE SENATE 108th Day 108th Day WEDNESDAY, APRIL 25, 2001 1297
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