Senate Journal: Thursday, April 26, 2001

  ONE-HUNDRED NINTH CALENDAR DAY
  SIXTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, April 26, 2001

  The Senate met in regular session at 9:07 a.m., Senator Angelo
  presiding.

  Prayer was offered by the Reverend Robert E. Connors, pastor of
  the Union Park Christian Church in Des Moines, Iowa, guest of
  Senator Dearden.  He is the brother of Representative John Connors.
  Reverend Connors sang "Because He Lives" and "I Go To The Rock."

  The Journal of Wednesday, April 25, 2001, was approved.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 25, 2001, passed the following bills in which the
  concurrence of the
  Senate is asked:

  House File 725, a bill for an act relating to and making
  appropriations involving state government, including provisions
  affecting agriculture and natural resources, providing for fees, and
  providing an effective date.

  Read first time and referred to committee on Appropriations.

  House File 732, a bill for an act relating to appropriations for the
  department of human services and including other provisions and
  appropriations involving human services and health care, and
  providing effective dates.
  Read first time and referred to committee on Appropriations.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Hammond, until she arrives, on request of Senator Bolkcom.

  HOUSE AMENDMENT CONSIDERED

  Senate File 350

  Senator Sexton called up for consideration 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, amended
  by the House in House amendment S-3494, filed April 25, 2001.

  Senator Sexton offered amendment S-3520, filed by him on
  April 25, 2001, to page 3 of House amendment S-3494, and moved its
  adoption.

  Amendment S-3520 was adopted by a voice vote.

  Senator Sexton moved that the Senate concur in the House
  amendment, as amended.

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

  Senator Sexton moved that the bill, as amended by the House,
  further amended 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. 350), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Connolly	Dearden	Deluhery
  Drake	Fiegen	Flynn	Fraise
  Freeman	Gaskill	Greiner	Gronstal
  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, 3:

  Bolkcom	Dvorsky	Fink

  Absent or not voting, 2:

  Hammond	McLaren

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

  UNFINISHED BUSINESS
  (Deferred April 17, 2001)

  House File 579

  The Senate resumed consideration of House File 579, a bill for an
  act relating to the administration and management of the
  department of personnel, deferred April 17, 2001.

  Senator King called up the motion to reconsider the vote by which
  amendment S-3371 to House File 579 failed to be adopted by the
  Senate on April 17, 2001, filed by him on April 17, 2001, and found on
  page 1165 of the Senate Journal.

  Senator Gronstal asked and received unanimous consent that
  action on the motion to reconsider amendment S-3371 and House
  File 579 be deferred.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Johnson asked and received unanimous consent to take up
  for consideration House File 711.
  House File 711

  On motion of Senator Rehberg, House File 711, a bill for an act
  relating to the levy of tax assessments for drainage or levee districts,
  with report of committee recommending passage, was taken up for
  consideration.

  Senator Bartz asked and received unanimous consent that action
  on House File 711 be deferred.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 715.

  House File 715

  On motion of Senator Redwine, 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, with report of committee recommending passage, was
  taken up for consideration.

  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. 715), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	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, 2:

  Hammond	McLaren

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

  BUSINESS PENDING

  House File 711

  The Senate resumed consideration of House File 711, a bill for an
  act relating to the levy of tax assessments for drainage or levee
  districts, previously deferred.

  Senator Rehberg moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 711), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Flynn	Fraise	Freeman
  Gaskill	Greiner	Gronstal	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, 2:

  Hammond	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 350 and House Files 711 and 715 be immediately
  messaged to the House.

  HOUSE MESSAGE RECEIVED AND CONSIDERED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 25, 2001, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 203, a bill for an act extending the regular program
  district cost guarantee for school districts, and providing an effective
  date. (S-3535)

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:38 a.m.
  until 1:00 p.m.

  AFTERNOON SESSION

  The Senate reconvened at 1:08 p.m., Senator Veenstra presiding.

  QUORUM CALL

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

  The vote revealed 33 present, 17 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 26, 2001, passed the following bill in which the
  concurrence of the
  House was asked:

  Senate File 185, a bill for an act relating to the definition of
  factory-built structures, the relocation of factory-built structures, the
  certification of installers of manufactured homes, and providing a fee,
  an appropriation, and a civil penalty.

  ALSO:  That the House has on April 26, 2001, concurred in the Senate
  amendment and passed the following bills in which the concurrence of the
  House was
  asked:

  House File 561, a bill for an act repealing the requirement to fly a
  flag or pennant on an all-terrain vehicle or snowmobile when
  operating on a public road or street.

  House File 680, a bill for an act relating to child and dependent
  abuse reporting and civil remedies pertaining to such reporting.

  ALSO:  That the House has on April 26, 2001, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 722, a bill for an act relating to tonnage fees and
  moneys in the solid waste account of the groundwater protection
  fund, and providing an effective date.

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

  House File 731, a bill for an act regarding certain changes
  relating to the utility replacement tax, and providing for the Act's
  applicability.

  Read first time and referred to committee on Ways and Means.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy, until he returns, on request of Senator Dearden.

  UNFINISHED BUSINESS
  (Deferred April 17, 2001)

  Senate File 524

  The Senate resumed consideration of Senate File 524, a bill for
  an act providing assistance regarding the development of grapes and
  wine, deferred April 17, 2001.

  Senator Kibbie asked and received unanimous consent to
  withdraw amendment S-3470, filed by Senator Kibbie, et al., on April
  24, 2001, to pages 1, 5, and to the title page of the bill.

  Senator Soukup offered amendment S-3518, filed by Senators
  Soukup and Miller on April 25, 2001, to pages 1, 5, and to the title
  page of the bill.

  Senator Soukup asked and received unanimous consent that action
  on amendment S-3518 be deferred.

  Senator Lundby offered amendment S-3530, filed by Senator
  Lundby, et al., on April 25, 2001, to pages 1, 5, and to the title page of
  the bill, and moved its adoption.

  Amendment S-3530 was adopted by a voice vote.

  With the adoption of amendment S-3530, the Chair ruled
  amendment S-3518, previously deferred, out of order.

  Senator Gaskill offered amendment S-3536, filed by him from the
  floor to pages 2 and 4 of the bill, and moved its adoption.

  Amendment S-3536 was adopted by a voice vote.
  Senator Gaskill 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. 524), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  McCoy	McLaren

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Boettger, until she returns, on request of Senator Lundby.

  UNFINISHED BUSINESS

  Senate File 516

  On motion of Senator McKibben, Senate File 516, a bill for an act
  establishing a small business growth initiative by adjusting the
  allocation to Iowa of income earned by an S corporation for purposes
  of the state individual income tax and including a retroactive
  applicability date provision, placed on the Unfinished Business
  Calendar on April 5, 2001, was taken up for consideration.
  Senator McKibben offered amendment S-3440, filed by him on
  April 23, 2001, to page 1 and to the title page of the bill.

  Senator Fiegen offered amendment S-3540, filed by him from the
  floor to page 1 of amendment S-3440, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3540 to amendment S-3440
  be adopted?" (S.F. 516), the vote was:

  Ayes, 19:

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

  Nays, 28:

  Angelo	Bartz	Behn	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

  Present, 1:

  Flynn

  Absent or not voting, 2:

  Boettger	McLaren

  Amendment S-3540 lost.

  Senator McKibben moved the adoption of amendment S-3440,
  which motion prevailed by a voice vote.

  President Kramer took the chair at 2:35 p.m.

  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. 516), the vote was:

  Ayes, 32:

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

  Nays, 16:

  Bolkcom	Connolly	Dearden	Deluhery
  Dvorsky	Fiegen	Fink	Fraise
  Gronstal	Hammond	Harper	Holveck
  Kibbie	McCoy	Shearer	Soukup

  Present, 1:

  Flynn

  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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 516 and 524 be immediately messaged to the House.

  UNFINISHED BUSINESS

  Senate File 518

  On motion of Senator Greiner, Senate File 518, 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,
  placed on the Unfinished Business Calendar on April 5, 2001, was
  taken up for consideration.
  Senator Greiner offered amendment S-3493, filed by her on
  April 25, 2001, striking everything after the enacting clause and to
  the title page of the bill and moved its adoption.

  Amendment S-3493 was adopted by a voice vote.

  Senator Greiner asked and received unanimous consent that
  House File 716 be substituted for Senate File 518.

  House File 716

  On motion of Senator Greiner, 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,
  was taken up for consideration.

  Senator Dearden offered amendment S-3545, filed by him from the
  floor to page 3 of the bill, and moved its adoption.

  Amendment S-3545 lost by a voice vote.

  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. 716), the vote was:

  Ayes, 38:

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

  Nays, 10:

  Bolkcom	Connolly	Dearden	Deluhery
  Dvorsky	Hammond	Hansen	Harper
  Holveck	McCoy
  Present, 1:

  Lamberti

  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.

  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 26, 2001, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 733, a bill for an act relating to the Iowa individual
  health benefit reinsurance association and the Iowa comprehensive
  health insurance association, by changing the board of directors,
  membership, and assessment related to the associations, and making
  changes related to adjustments in the coverage of basic and standard
  health benefit plans.

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

  RECESS

  On motion of Senator McKean, the Senate recessed at 4:05 p.m.
  until the completion of a meeting of the committee on Ways and
  Means.
  APPENDIX

  COMMUNICATION RECEIVED

  The following communication was received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  April 26, 2001

  CITIZENS' AIDE/OMBUDSMAN

  2000 Annual Report of the Citizens' Aide/Ombudsman.

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:

  Twelve high school students from Gilbert High School, Gilbert,
  Iowa, accompanied by Karlene Wonderlich.  The students are
  members of the Family Career and Community Leaders of America.
  Senator McKibben.

  PETITIONS

  The following petitions were presented and placed on file:

  From 34 residents of Decatur County opposing the reduction of
  funds for services provided by the Iowa Department of Public Health
  state grants.  Senator Angelo.

  From 361 residents of Floyd County opposing cuts to the public
  transit funding.  Senator Soukup.

  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 44, by Hansen, King, Redwine, Kibbie, and
  Veenstra, a resolution recognizing Don "Skip" Meisner upon his
  retirement.

  Read first time under Rule 28 and referred to committee on Rules
  and Administration.
  Senate Resolution 45, by Kramer, Lundby, Maddox, Tinsman,
  Iverson, Holveck, Dearden, Bolkcom, Harper, Fiegen, Dvorsky,
  Deluhery, Horn, Fink, Hammond, and Shearer, a resolution
  designating June 16, 2001, as Juneteenth National Freedom Day.

  Read first time under Rule 28 and referred to committee on Rules
  and Administration.

  SUBCOMMITTEE ASSIGNMENTS

  House File 722

  WAYS AND MEANS:  Drake, Chair; Deluhery and Maddox

  House File 725

  APPROPRIATIONS:  Gaskill, Chair; Black and Lamberti

  House File 731

  WAYS AND MEANS:  McKinley, Chair; Flynn and Maddox

  House File 732

  APPROPRIATIONS:  Veenstra, Chair; Hammond and Lamberti

  House File 733

  WAYS AND MEANS:  Redwine, Chair; Holveck 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
  26th day
  of April, 2001:

  Senate Files 84, 184, 242, 265, and 313.

  MICHAEL E. MARSHALL
  Secretary of the Senate
  EVENING SESSION

  The Senate reconvened at 6:02 p.m., President Pro Tempore
  McKean presiding.

  QUORUM CALL

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

  The vote revealed 33 present, 17 absent, and a quorum present.

  Senator Angelo took the chair at 6:12 p.m.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Rehberg, until she returns, on request of Senator Drake.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 705.

  House File 705

  On motion of Senator Connolly, 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, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Connolly 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. 705), the vote was:
  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  McLaren	Rehberg

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

  MOTION TO RECONSIDER WITHDRAWN

  Senate File 530

  Senator McKean withdrew the motion to reconsider 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, filed by him on April 24, 2001, and found on page
  1290 of the Senate Journal.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 530 and House File 705 be immediately messaged to
  the House.

  The Senate stood at ease at 6:45 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 7:18 p.m., President Kramer
  presiding.
  President Pro Tempore McKean took the chair at 7:19 p.m.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 537.

  Senate File 537

  On motion of Senator Kramer, Senate File 537, 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, was
  taken up for consideration.

  Senator Angelo took the chair at 7:25 p.m.

  Senator Kramer offered amendment S-3544, filed by Senators
  Kramer and Hammond from the floor to pages 1, 3, and 11 of the bill,
  and moved its adoption.

  Amendment S-3544 was adopted by a voice vote.

  Senator Lundby offered amendment S-3539, filed by Senators
  Lundby and Kramer from the floor to pages 4 and 5 of the bill, and
  moved its adoption.

  Amendment S-3539 was adopted by a voice vote.

  Senator Hansen offered amendment S-3538, filed by him from the
  floor to page 5 of the bill, and moved its adoption.

  Amendment S-3538 lost by a voice vote.

  Senator Hansen offered amendment S-3547, filed by him from the
  floor to pages 7 and 9-11 of the bill.

  President Pro Tempore McKean took the chair at 8:00 p.m.

  Senator Hansen withdrew amendment S-3547.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Drake, until he returns, on request of Senator Iverson.

  BUSINESS PENDING

  Senate File 537

  The Senate resumed consideration of Senate File 537.

  Senator Kramer 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. 537), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	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, 2:

  Drake	McLaren

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.
  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 521.

  Senate File 521

  On motion of Senator McKibben, Senate File 521, a bill for an act
  establishing a new economy employment initiative by providing for a
  partial deduction under the individual income tax for the capital gain
  from the sale or exchange of capital stock of a corporation which was
  acquired by an individual on account of employment with the
  corporation, limiting the fiscal impact of the partial deductions, and
  including an effective and retroactive applicability date provision,
  was taken up for consideration.

  President Kramer took the chair at 8:20 p.m.

  Senator McKibben offered amendment S-3537, filed by him from
  the floor to pages 4 and 5 of the bill, and moved its adoption.

  Amendment S-3537 was adopted by a voice vote.

  Senator McKibben offered amendment S-3442, filed by him on
  April 23, 2001, to page 5 of the bill.

  Senator McKibben withdrew amendment S-3442.

  With the withdrawal of amendment S-3442, the Chair ruled
  amendment S-3541, filed by Senator Fiegen from the floor to page 1
  of amendment S-3442, out of order.

  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. 521), the vote was:
  Ayes, 28:

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

  Nays, 20:

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

  Absent or not voting, 2:

  Drake	McLaren

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

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 536.

  Senate File 536

  On motion of Senator Connolly, Senate File 536, 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, was taken up for consideration.

  Senator Connolly 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. 536), the vote was:
  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	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, 2:

  Drake	McLaren

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

  CONFIRMATION OF GOVERNOR'S APPOINTMENT
  (Individual Confirmation Calendar)

  Senator Sexton called up the appointment of Jeffrey R. Vonk, as
  Director of the Department of Natural Resources, placed on the
  Individual Confirmation Calendar on March 22, 2001, and deferred
  by Senate Resolution 38 on April 12, 2001.

  Senator Sexton moved that the foregoing appointment be
  confirmed by the Senate.

  On the question "Shall the appointee be confirmed?" the vote was:

  Ayes, 45:

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

  Nays, 3:

  Behn	Iverson	Miller

  Absent or not voting, 2:

  Drake	McLaren

  The appointee, having received a two-thirds vote, was declared to
  have been confirmed by the Senate.

  The Senate stood at ease at 8:45 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 8:52 p.m., President Kramer
  presiding.

  HOUSE AMENDMENT CONSIDERED

  Senate File 203

  Senator Boettger called up for consideration Senate File 203, a
  bill for an act extending the regular program district cost guarantee
  for school districts, and providing an effective date, amended by the
  House in House amendment S-3535, filed April 26, 2001.

  Senator Boettger offered amendment S-3546, filed by her from the
  floor to pages 1-9 of House amendment S-3535.

  Senator Deluhery offered amendment S-3549, filed by Senators
  Deluhery, Hammond, and Dvorsky from the floor to page 1 of
  amendment S-3546 to House amendment S-3535, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3549 to amendment S-3546
  to House amendment S-3535 be adopted?" (S.F. 203), the vote was:
  Ayes, 22:

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

  Nays, 26:

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

  Absent or not voting, 2:

  Drake	McLaren

  Amendment S-3549 lost.

  Senator Boettger moved the adoption of amendment S-3546 to
  House amendment S-3535.

  A record roll call was requested.

  On the question "Shall amendment S-3546 to House amendment
  S-3535 be adopted?" (S.F. 203), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	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, 2:

  Drake	McLaren

  Amendment S-3546 was adopted.

  Senator Boettger moved that the Senate concur in the House
  amendment, as amended.

  A record roll call was requested.

  On the question "Shall the Senate concur in House amendment
  S-3535?" (S.F. 203), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	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, 2:

  Drake	McLaren

  The motion prevailed and the Senate concurred in the House
  amendment, as amended.

  Senator Boettger moved that the bill, as amended by the House,
  further amended 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. 203), the vote was:
  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	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, 2:

  Drake	McLaren

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 203, 521, 536, and 537 be immediately messaged to
  the House.

  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  House File 733 be referred from the Ways and Means Calendar to
  the committee on Commerce.

  HOUSE MESSAGE RECEIVED

  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 26, 2001, passed the following bill in which the
  concurrence of the
  House was asked:
  Senate File 392, a bill for an act relating to appeals filed in
  juvenile court proceedings.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:12 p.m.
  until 9:00 a.m. Friday, April 27, 2001.
  APPENDIX

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 26, 2001,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 62 - Relating to the processing and distribution of honey in
  residences.

  S.F. 168 - Relating to the granting of additional cable television
  franchises by a
  city.

  S.F. 169 - Limiting the exemption from regulation of certain persons acting
  as an
  attorney in fact regarding certain real estate transactions.

  S.F. 259 - Relating to the victim rights compensation fund.

  S.F. 337 - Relating to transfers of structured settlement payment rights for
  tort
  and workers' compensation claims, providing civil remedies, and an
  applicability date.

  MOTIONS TO RECONSIDER FILED

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 716
  passed the Senate on April 26, 2001.

  SANDRA GREINER

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 716
  passed the Senate on April 26, 2001.

  MICHAEL E. GRONSTAL

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 27, by Connolly, a concurrent
  resolution urging Iowa's congressional delegation to support a federal
  appropriation to implement the Teaching America's History program.

  Read first time under Rule 28 and referred to committee on Rules
  and Administration.

  INTRODUCTION OF BILL

  Senate File 538, by committee on Ways and Means, a bill for an
  act providing an Iowa individual income tax checkoff for deposit in
  the keep Iowa beautiful fund, making an appropriation, and
  providing a retroactive applicability date.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  April 26, 2001, 9:15 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 725 and 726 (as amended).

  Adjourned:  10:10 p.m.

  WAYS AND MEANS

  Convened:  April 26, 2001, 4:10 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:  Approved SSB 1256.  Passed HFs 712, 722, 731, and 733.

  Adjourned:  5:17 p.m.

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  HOUSE FILE 725, a bill for an act relating to and making
  appropriations involving state government, including provisions affecting
  agriculture
  and natural resources, providing for fees, and providing an effective date.

  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.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3550.

  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.

  WAYS AND MEANS

  Final Bill Action:  SENATE FILE 538 (SSB 1256), a bill for an act providing
  an Iowa
  individual income tax checkoff for deposit in the keep Iowa beautiful fund,
  making an
  appropriation, and providing a retroactive applicability date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Deluhery,
  Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Redwine, and Rehberg.
  Nays, 1:
  Miller.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Drake,
  Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg.
  Nays, 1:
  Deluhery.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  HOUSE FILE 722, a bill for an act relating to tonnage
  fees and
  moneys in the solid waste account of the groundwater protection fund, and
  providing
  an effective date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Deluhery,
  Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and
  Rehberg.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 731, a bill for an act regarding certain
  changes
  relating to the utility replacement tax, and providing for the Act's
  applicability.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Deluhery,
  Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and
  Rehberg.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 733, a bill for an act relating to the Iowa
  individual
  health benefit reinsurance association and the Iowa comprehensive health
  insurance
  association, by changing the board of directors, membership, and assessment
  related to
  the associations, and making changes related to adjustments in the coverage
  of basic
  and standard health benefit plans.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Deluhery,
  Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and
  Rehberg.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3531	H.F.	719	Mary A. Lundby
  S-3532	H.F.	719	Robert E. Dvorsky
  S-3533	H.F.	719	Robert E. Dvorsky
  S-3534	S.F.	458	Merlin E. Bartz
  S-3535	S.F.	203	House
  S-3536	S.F.	524	E. Thurman Gaskill
  S-3537	S.F.	521	Larry McKibben
  S-3538	S.F.	537	Steven D. Hansen
  S-3539	S.F.	537	Mary A. Lundby
  Mary E. Kramer
  S-3540	S.F.	516	Thomas Fiegen
  S-3541	S.F.	521	Thomas Fiegen
  S-3542	H.F.	719	Patricia Harper
  Johnie Hammond
  S-3543	H.F.	719	Johnie Hammond
  Patricia Harper
  S-3544	S.F.	537	Mary E. Kramer
  Johnie Hammond
  S-3545	H.F.	716	Dick L. Dearden
  S-3546	S.F.	203	Nancy Boettger
  S-3547	S.F.	537	Steven D. Hansen
  S-3548	H.F.	692	Andy McKean
  John P. Kibbie
  S-3549	S.F.	203	Patrick J. Deluhery
  Johnie Hammond
  Robert E. Dvorsky
  S-3550	H.F.	726	Appropriations
  1334	JOURNAL OF THE SENATE	109th Day
  109th Day	THURSDAY, APRIL 26, 2001	1335

© 2001 Cornell College and League of Women Voters of Iowa

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