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ONE-HUNDRED TENTH CALENDAR DAY SIXTY-SIXTH SESSION DAY Senate Chamber Des Moines, Iowa, Friday, April 27, 2001 The Senate met in regular session at 9:03 a.m., President Pro Tempore McKean presiding. Prayer was offered by the Honorable Merlin E. Bartz, member of the Senate from Worth County, Grafton, Iowa. The Journal of Thursday, April 26, 2001, was approved. Senator Dearden requested a 55-second moment of silence in recognition of the 55 workers who died on the job this year. 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 727, a bill for an act relating to county mental health, mental retardation, and developmental disabilities services provisions involving capital expenditures and the funding pools in the property tax relief fund for such services expenditures and providing effective and retroactive applicability dates. Read first time and referred to committee on Ways and Means. BILLS RE-REFERRED TO COMMITTEE Senator Boettger asked and received unanimous consent that House Files 725 and 726 be re-referred from the Appropriations Calendar to the committee on Ways and Means. RECESS On motion of Senator Boettger, the Senate recessed at 9:10 a.m. until the completion of a meeting of the committee on Ways and Means. APPENDIX REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: April 27, 2001, 9:15 a.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Flynn, Freeman, Gronstal, Hansen, Jensen, Maddox, Redfern, and Redwine. Members Absent: Bolkcom, King, Lundby, and McCoy (all excused). Committee Business: Passed HF 733. Adjourned: 9:20 a.m. WAYS AND MEANS Convened: April 27, 2001, 11:25 a.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Members Absent: None. Committee Business: Passed HFs 713 (as amended), 725, and 726. Adjourned: 12:10 p.m. SUBCOMMITTEE ASSIGNMENTS House File 725 WAYS AND MEANS: Lamberti, Chair; Harper and Rehberg House File 726 WAYS AND MEANS: Lamberti, Chair; Flynn and McKibben House File 727 WAYS AND MEANS: Greiner, Chair; Bolkcom and Drake House File 733 COMMERCE: Redwine, Chair; Johnson and McCoy COMMITTEE REPORTS COMMERCE 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, 11: Johnson, Schuerer, Deluhery, Flynn, Freeman, Gronstal, Hansen, Jensen, Maddox, Redfern, and Redwine. Nays, none. Absent or not voting, 4: Bolkcom, King, Lundby, and McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS 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, 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 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: DO PASS. Final Vote: Ayes, 9: McKibben, McKinley, Connolly, Drake, Flynn, Greiner, Lamberti, Redwine, and Rehberg. Nays, 6: Harper, Bolkcom, Deluhery, Holveck, Maddox, and Miller. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 12:12 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 26 present, 24 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, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 526, a bill for an act excluding certain business property from being considered abandoned property under the state's disposition of unclaimed property law. (S-3558) ALSO: That the House has on April 27, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 532, a bill for an act relating to matters related to the tobacco settlement including the tobacco settlement authority, the tobacco settlement trust fund, and the tobacco settlement endowment fund, and providing an effective date. (S-3568) CONSIDERATION OF BILL (Appropriations Calendar) Senator Bartz asked and received unanimous consent to take up for consideration House File 725. House File 725 On motion of Senator Gaskill, 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, with reports of committees on Appropriations and Ways and Means recommending passage, was taken up for consideration. Senator Hammond offered amendment S-3559, filed by her from the floor to pages 2 and 8 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3559 be adopted?" (H.F. 725), the vote was: Ayes, 17: Black Bolkcom Connolly Deluhery Fiegen Flynn Gronstal Hammond Hansen Harper Holveck Horn Lundby McCoy McKean Shearer Soukup Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 6: Dearden Dvorsky Fink Fraise Kibbie McLaren Amendment S-3559 lost. Senator Fink offered amendment S-3555, filed by Senators Fink and Hammond from the floor to pages 2 and 4 of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3555 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Shearer, until he returns, on request of Senator Gronstal; and Senators Dvorsky and Kibbie, until they arrive, on request of Senator Fiegen. BUSINESS PENDING House File 725 The Senate resumed consideration of House File 725. Senator Black offered amendment S-3556, filed by him from the floor to page 4 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3556 be adopted?" (H.F. 725), the vote was: Ayes, 15: Black Bolkcom Connolly Dearden Deluhery Fiegen Flynn Gronstal Hammond Hansen Harper Holveck Horn McCoy 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, 6: Dvorsky Fink Fraise Kibbie McLaren Shearer Amendment S-3556 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox, until he returns, on request of Senator Bartz. BUSINESS PENDING House File 725 The Senate resumed consideration of House File 725. Senator Bolkcom offered amendment S-3551, filed by him from the floor to page 6 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3551 be adopted?" (H.F. 725), the vote was: Ayes, 16: Black Bolkcom Connolly Dearden Deluhery Fiegen Flynn Gronstal Hammond Hansen Harper Holveck Horn McCoy Shearer Soukup Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 6: Dvorsky Fink Fraise Kibbie Maddox McLaren Amendment S-3551 lost. Senator Rehberg offered amendment S-3557, filed by her from the floor to page 8 of the bill, and moved its adoption. Amendment S-3557 lost by a voice vote. The Senate resumed consideration of amendment S-3555, previously deferred. President Pro Tempore McKean took the chair at 1:08 p.m. Senator Fink moved the adoption of amendment S-3555. A record roll call was requested. On the question "Shall amendment S-3555 be adopted?" (H.F. 725), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Jensen Kibbie McCoy Miller Shearer Soukup Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: McLaren Amendment S-3555 lost. Senator Fink asked and received unanimous consent that action on House File 725 be deferred. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Jensen, until he returns, on request of Senator Iverson. HOUSE AMENDMENT CONSIDERED Senate File 526 Senator McKibben called up for consideration Senate File 526, a bill for an act excluding certain business property from being considered abandoned property under the state's disposition of unclaimed property law, amended by the House, and moved that the Senate concur in House amendment S-3558, filed April 27, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKibben 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. 526), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Horn Iverson Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Tinsman Veenstra Zieman Nays, 4: Fiegen Harper Holveck Soukup Absent or not voting, 2: Jensen McLaren The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. MOTIONS TO RECONSIDER WITHDRAWN House File 716 Senators Gronstal and Greiner withdrew their motions to reconsider 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, filed by them on April 26, 2001, and found on page 1361 of the Senate Journal. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 526 and House File 716 be immediately messaged to the House. President Kramer took the chair at 1:28 p.m. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Rittmer, until he returns, on request of Senator Jensen; and Senator Soukup, until she returns, on request of Senator Harper. HOUSE AMENDMENT CONSIDERED Senate File 458 Senator Bartz called up for consideration Senate File 458, a bill for an act relating to children's program and juvenile court provisions involving the department of human services in regard to the foster home insurance fund, group child care providers, juvenile delinquency and child in need of assistance dispositions, and termination of parental rights, amended by the House in House amendment S-3377, filed April 17, 2001. Senator Bartz offered amendment S-3534, filed by him on April 26, 2001, to pages 2 and 3 of House amendment S-3377, and moved its adoption. Amendment S-3534 was adopted by a voice vote. Senator Bartz 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 Bartz 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. 458), 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 Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Schuerer Sexton Shearer Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: McLaren Rittmer Soukup The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. 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 27, 2001, passed the following bill in which the concurrence of the House was asked: Senate File 533, a bill for an act relating to and making appropriations to the tobacco settlement trust fund and providing a contingent effective date. ALSO: That the House has on April 27, 2001, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: 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. House File 564, a bill for an act providing for the reversion of dividends and distributions by certain cooperative associations. House File 656, a bill for an act relating to the licensing and regulation of manufactured or mobile homes and providing coordinating amendments. ALSO: That the House has on April 27, 2001, refused to concur in the Senate amendment to the House amendment to the following bill in which the concurrence of the House was asked: Senate File 203, a bill for an act extending the regular program district cost guarantee for school districts, and providing an effective date. ALSO: That the House has on April 27, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 499, a bill for an act making changes to and reorganizing scheduled fines. (S-3571) ALSO: That the House has on April 27, 2001, insisted on its amendment to Senate File 466, a bill for an act relating to child care and protection public policy provisions involving children, and the members of the Conference Committee on the part of the House are: The Representative from Cerro Gordo, Representative Broers, Chair; the Representative from Cedar, Representative Boddicker; the Representative from Webster, Representative Cormack; the Representative from Dubuque, Representative Murphy; and the Representative from Marshall, Representative Smith. BUSINESS PENDING House File 725 The Senate resumed consideration of 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, previously deferred. Senator Fink offered amendment S-3572, filed by him from the floor to pages 4 and 14 of the bill. Senator Gaskill raised the point of order that amendment S-3572 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3572 out of order. 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?" (H.F. 725), 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. 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 27, 2001, concurred in the Senate amendment to the House amendment, and passed the following bill in which the concurrence of the House was 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. WITHDRAWN Senator Greiner asked and received unanimous consent that Senate File 518 be withdrawn from further consideration of the Senate. SENATE INSISTS 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, further amended by the Senate and moved that the Senate insist on its amendment. The motion prevailed and the Senate insisted on its amendment. APPOINTMENT OF CONFERENCE COMMITTEES The Chair announced the following conference committee on Senate File 203 on the part of the Senate: Senators Boettger, Chair; Angelo, Connolly, Kibbie, and Redwine. The Chair announced the following conference committee on Senate File 466 on the part of the Senate: Senators Miller, Chair; Hammond, King, Shearer, and Tinsman. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 203 and 458 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:35 p.m. until 10:00 a.m. Monday, April 30, 2001. APPENDIX CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: William and Carolyn Frederick, Huxley - For celebrating your 50th wedding anniversary on May 6, 2001. Senator Hammond (04/27/01). ANNOUNCEMENT OF APPOINTMENT BY THE SENATE MINORITY LEADER Senator Dvorsky is reappointed to the Criminal and Juvenile Justice Advisory Council. CONFERENCE COMMITTEE REPORT RECEIVED (Senate File 346) A conference committee report, signed by the following Senate and House members was filed April 27, 2001, on Senate File 346, a bill for an act relating to the department of corrections by providing for the use of deadly force by correctional or peace officers, for submission of presentence investigation reports to the department, for establishing a training fund in the department, for transcription and recording of testimony for certain investigations conducted by the department of corrections, and for purchases by a department or agency from Iowa state industries: On the part of the Senate: On the part of the House: ANDY McKEAN, Chair CLEL BAUDLER, Chair JEFF ANGELO GEORGE EICHHORN STEVE KING KEITH KREIMAN CHUCK LARSON MARK TREMMEL REPORT OF COMMITTEE MEETING APPROPRIATIONS Convened: April 27, 2001, 2:41 p.m. Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Angelo, Behn, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Black and Horn (both excused). Committee Business: Passed HF 732. Adjourned: 2:45 p.m. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 28, by Boettger, a concurrent resolution reminding Iowa's congressional delegation to fund the federal financial commitment to states, localities, and children with disabilities under the federal Individuals With Disabilities Education Act. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Concurrent Resolution 29, by Jensen, 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 the Iowa State Capitol as a symbol for the state of Iowa. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILL Senate File 539, by Iverson, a bill for an act relating to certain grain crops originating from agricultural seeds that have been genetically modified using biotechnological techniques, providing for liability, and providing for penalties. Read first time under Rule 28 and referred to committee on Agriculture. SUBCOMMITTEE ASSIGNMENT Senate File 539 AGRICULTURE: Bartz, Chair; Fraise, Gaskill, Kibbie, and McLaren COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 15: Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 8: Flynn, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Hammond, and Soukup. Absent or not voting, 2: Black and Horn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 713, a bill for an act relating to the administration of county government by providing for the issuance of certain lease or lease-purchase contracts, the recording of certain property transfers, the striking of a requirement to record returns of marriage with real estate recordings, the imposition of a real estate installment contract fee, and changing the date for reporting and paying agricultural land tax credits and family farm tax credits. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3570. 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. MOTION TO RECONSIDER FILED MADAM PRESIDENT: I move to reconsider the vote by which House File 725 passed the Senate on April 27, 2001. JEFF LAMBERTI AMENDMENTS FILED S-3551 H.F. 725 Joe Bolkcom S-3552 H.F. 726 Joe Bolkcom S-3553 H.F. 726 Joe Bolkcom S-3554 H.F. 726 Joe Bolkcom S-3555 H.F. 725 Bill Fink Johnie Hammond S-3556 H.F. 725 Dennis H. Black S-3557 H.F. 725 Kitty Rehberg S-3558 S.F. 526 House S-3559 H.F. 725 Johnie Hammond S-3560 H.F. 726 Betty A. Soukup Dennis H. Black Jack Holveck Matt McCoy Mark Shearer Joe Bolkcom Bill Fink Robert E. Dvorsky Patrick J. Deluhery Mike Connolly Patricia Harper Michael E. Gronstal S-3561 H.F. 726 Robert E. Dvorsky Patrick J. Deluhery Michael E. Gronstal Betty A. Soukup Dennis H. Black Jack Holveck Matt McCoy Mark Shearer Thomas Fiegen Mike Connolly Joe Bolkcom Bill Fink Patricia Harper S-3562 H.F. 726 Jack Holveck Patricia Harper Robert E. Dvorsky S-3563 H.F. 719 Joe Bolkcom S-3564 H.F. 726 Maggie Tinsman JoAnn Johnson Jeff Lamberti S-3565 H.F. 726 Steven D. Hansen Patrick J. Deluhery S-3566 H.F. 726 Tom Flynn Patrick J. Deluhery S-3567 H.F. 719 Steve King Mary A. Lundby Robert E. Dvorsky S-3568 S.F. 532 House S-3569 H.F. 726 Johnie Hammond S-3570 H.F. 713 Ways and Means S-3571 S.F. 499 House S-3572 H.F. 725 Bill Fink 1366 JOURNAL OF THE SENATE 110th Day 110th Day FRIDAY, APRIL 27, 2001 1367
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