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ONE-HUNDRED THIRTEENTH CALENDAR DAY SIXTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, April 30, 2001 The Senate met in regular session at 10:03 a.m., President Kramer presiding. Prayer was offered by the Honorable Steve King, member of the Senate from Sac County, Kiron, Iowa. The Journal of Friday, April 27, 2001, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Freeman and Lundby, until they arrive, on request of Senator McKean; Senator Gaskill, until he arrives, on request of Senator Sexton; Senator McLaren, until he arrives, on request of Senator Jensen; Senators Dvorsky and Flynn, until they arrive, on request of Senator Fink; Senator Behn, until he arrives, on request of Senator Rehberg; Senator Connolly, until he arrives, on request of Senator Deluhery; and Senator Shearer, until he arrives, on request of Senator Soukup. HOUSE AMENDMENT CONSIDERED Senate Joint Resolution 3 Senator McKean called up for consideration Senate Joint Resolution 3, a joint resolution authorizing the sixth judicial district department of correctional services to extend a lease-purchase agreement and providing an effective date, amended by the House, and moved that the Senate concur in House amendment S-3425, filed April 23, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator McKean moved that the resolution, 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 resolution was read the last time. On the question "Shall the resolution be adopted?" (S.J.R. 3), the vote was: Ayes, 40: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Fiegen Fink Fraise Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKean McKinley Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 10: Connolly Dvorsky Flynn Freeman Gaskill Lundby McKibben McLaren Miller Shearer The resolution, having received a constitutional majority, was declared to have been adopted by the Senate and the title, as amended, was agreed to. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 726. House File 726 On motion of Senator Tinsman, 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, with report of committee on Appropriations recommending amendment and passage and with report of committee on Ways and Means recommending passage, was taken up for consideration. Senator Tinsman offered amendment S-3550, filed by the committee on Appropriations on April 26, 2001, to pages 12-14 of the bill. Senator Flynn offered amendment S-3566, filed by Senators Flynn and Deluhery on April 27, 2001, to page 1 of amendment S-3550, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3566 to amendment S-3550 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Gaskill Lundby Miller Amendment S-3566 lost. Senator Tinsman moved the adoption of amendment S-3550, which motion prevailed by a voice vote. Senator Bolkcom offered amendment S-3553, filed by him on April 27, 2001, to page 1 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3553 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Gaskill Lundby Amendment S-3553 lost. Senator Soukup offered amendment S-3560, filed by Senators Soukup, et al., on April 27, 2001, to page 2 of the bill, and moved its adoption. Amendment S-3560 lost by a voice vote. Senator Bolkcom offered amendment S-3552, filed by him on April 27, 2001, to page 4 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3552 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Gaskill Lundby Amendment S-3552 lost. Senator Holveck offered amendment S-3562, filed by Senators Holveck, Harper, and Dvorsky on April 27, 2001, to page 4 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3562 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Gaskill Lundby Amendment S-3562 lost. Senator Hammond offered amendment S-3569, filed by her on April 27, 2001, to page 5 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3569 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Gaskill Lundby Amendment S-3569 lost. Senator Bolkcom offered amendment S-3554, filed by him on April 27, 2001, to page 5 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3554 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Gaskill Lundby Amendment S-3554 lost. Senator Hansen offered amendment S-3565, filed by Senators Hansen and Deluhery on April 27, 2001, to page 12 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3565 be adopted?" (H.F. 726), 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 Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Gaskill Lundby Amendment S-3565 lost. President Pro Tempore McKean took the chair at 11:36 a.m. Senator Tinsman offered amendment S-3564, filed by Senators Tinsman, Johnson, and Lamberti on April 27, 2001, to page 12 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3564 be adopted?" (H.F. 726), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Drake Freeman Greiner Hammond Harper Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hansen Holveck Horn Kibbie McCoy McKibben Shearer Soukup Absent or not voting, 2: Gaskill Lundby Amendment S-3564 was adopted. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Iverson and Kramer, until they return, on request of Senator Angelo. BUSINESS PENDING House File 726 The Senate resumed consideration of House File 726. Senator Dvorsky offered amendment S-3561, filed by Senators Dvorsky, et al., on April 27, 2001, to pages 14, 15, and 17 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3561 be adopted?" (H.F. 726), 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 Greiner Jensen Johnson King Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 4: Gaskill Iverson Kramer Lundby Amendment S-3561 lost. Senator Tinsman moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 726), the vote was: Ayes, 28: Angelo Bartz Behn Boettger Drake Freeman Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren 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, 2: Gaskill Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Angelo asked and received unanimous consent that Senate Joint Resolution 3 and House File 726 be immediately messaged to the House. RECESS On motion of Senator Angelo, the Senate recessed at 12:00 p.m. until 1:00 p.m. AFTERNOON SESSION The Senate reconvened at 1:15 p.m., President Pro Tempore McKean presiding. QUORUM CALL Senator Bartz requested a nonrecord roll call to determine that a quorum was present. The vote revealed 35 present, 15 absent, and a quorum present. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Bartz asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 18. Senate Concurrent Resolution 18 On motion of Senator Connolly, Senate Concurrent Resolution 18, a concurrent resolution honoring Brigadier General John A. Tymeson upon the occasion of his retirement, with report of committee recommending passage, was taken up for consideration. Senator Connolly moved the adoption of Senate Concurrent Resolution 18, which motion prevailed by a voice vote. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Rittmer, until he returns, on request of Senator Greiner; Senator Dearden, until he returns, on request of Senator Holveck; Senator Black, until he returns, on request of Senator Soukup; and Senators Iverson and Kramer, until they return, on request of Senator Boettger. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Veenstra asked and received unanimous consent to take up for consideration House File 733. House File 733 On motion of Senator Redwine, 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, was taken up for consideration, with reports of committees on Ways and Means and Commerce 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. 733), the vote was: Ayes, 44: Angelo Bartz Behn Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Greiner Gronstal Hammond Hansen Harper Holveck Horn Jensen Johnson Kibbie King Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 6: Black Dearden Gaskill Iverson Kramer Rittmer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 470 Senator Greiner called up for consideration Senate File 470, a bill for an act relating to the regulation of infectious and contagious diseases in animals, and providing for penalties, amended by the House, and moved that the Senate concur in House amendment S-3438, filed April 23, 2001. The motion failed by a voice vote and the Senate refused to concur in the House amendment. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 590 Senator Boettger called up for consideration House File 590, a bill for an act relating to the testing of individuals and the release of the results of tests for communicable and infectious diseases and for the human immunodeficiency virus and making penalties applicable, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-3456 to Senate amendment H-1574, filed April 24, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Boettger moved that the bill, as amended by the Senate, further 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?" (H.F. 590), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fiegen Fink Flynn Fraise Freeman Greiner Gronstal Hansen Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 4: Dvorsky Hammond Harper Holveck Absent or not voting, 1: Gaskill The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. The Senate stood at ease at 1:43 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 2:26 p.m., President Pro Tempore McKean presiding. UNFINISHED BUSINESS (Deferred April 10, 2001) House File 635 The Senate resumed consideration of House File 635, a bill for an act providing that certain employees are not entitled to compensation for time spent traveling to and from the worksite, deferred April 10, 2001. Senator Dearden asked and received unanimous consent that action on House File 635 be deferred. UNFINISHED BUSINESS (Deferred April 26, 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, and the motion to reconsider amendment S-3371, deferred April 26, 2001. Senator King moved the adoption of the motion to reconsider amendment S-3371. The motion prevailed by a voice vote and amendment S-3371, by Senator King to page 1 and to the title page of the bill, was taken up for reconsideration. Senator King moved the adoption of amendment S-3371. A record roll call was requested. On the question "Shall amendment S-3371 be adopted?" (H.F. 579), the vote was: Ayes, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren 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, none. Amendment S-3371 was adopted. Senator King 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. 579), the vote was: Ayes, 35: Angelo Bartz Behn Boettger Dearden Drake Flynn Freeman Gaskill Greiner Gronstal Hansen Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 15: Black Bolkcom Connolly Deluhery Dvorsky Fiegen Fink Fraise Hammond Harper Holveck Horn McCoy Shearer Soukup Absent or not voting, none. 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 Concurrent Resolution 18, Senate File 470, and House Files 579, 590, and 733 be immediately messaged to the House. UNFINISHED BUSINESS Senate File 476 On motion of Senator Kramer, Senate File 476, a bill for an act relating to the establishment of a student achievement and teacher quality program, placed on the Unfinished Business Calendar on April 5, 2001, was taken up for consideration. The Senate stood at ease at 3:13 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:27 p.m., President Kramer presiding. Senator Angelo asked and received unanimous consent that action on Senate File 476 be deferred. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Jensen, until he returns, on request of Senator Rittmer; and Senators Dvorsky and McCoy, until they return, on request of Senator Hammond. UNFINISHED BUSINESS House File 692 On motion of Senator McKean, House File 692, a bill for an act relating to mandatory disclosures in certain political telephone communications, and applying a penalty, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator McKean offered amendment S-3548, filed by Senators McKean and Kibbie on April 26, 2001, striking everything after the enacting clause of the bill, and moved its adoption. Amendment S-3548 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. 692), the vote was: Ayes, 43: Bartz Behn Black Boettger Connolly Dearden Deluhery Drake Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Johnson Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redwine Rehberg Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 3: Angelo Redfern Rittmer Absent or not voting, 4: Bolkcom Dvorsky Jensen McCoy 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 692 be immediately messaged to the House. UNFINISHED BUSINESS (Deferred April 23, 2001) House File 643 The Senate resumed consideration of House File 643, a bill for an act providing statutory revisions relating to the department of education, school districts, and the kindergarten through grade twelve educational program, deferred April 23, 2001. Senator Horn offered amendment S-3318, filed by him on April 9, 2001, to pages 1 and 3 of the bill. Senator Horn offered amendment S-3437, filed by him on April 23, 2001, to pages 1 and 2 of amendment S-3318, and moved its adoption. Amendment S-3437 was adopted by a voice vote. Senator Horn asked and received unanimous consent to withdraw amendment S-3318. Senator Connolly offered amendment S-3315, filed by him on April 9, 2001, to page 4 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3315 be adopted?" (H.F. 643), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy Redfern Shearer Soukup Nays, 25: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redwine Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 3: Jensen McKinley Rehberg Amendment S-3315 lost. Senator Connolly withdrew amendment S-3357, filed by him on April 16, 2001, to page 8 and to the title page of the bill. Senator Flynn asked and received unanimous consent to withdraw amendment S-3362, filed by Senators Flynn, et al., on April 17, 2001, to page 8 of the bill. With the withdrawal of amendment S-3362, the Chair ruled amendment S-3396, filed by Senator Hammond on April 19, 2001, to page 1 of amendment S-3362, out of order. Senator Boettger 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. 643), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Johnson King Kramer Lamberti Maddox McCoy McKean McKibben McKinley McLaren 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 Lundby Shearer Soukup Absent or not voting, 1: Jensen 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 643 be immediately messaged to the House. INTRODUCTION OF RESOLUTION Senate Joint Resolution 8, by Iverson, Kramer, and Gronstal, a joint resolution authorizing the temporary use and consumption of wine in the State Capitol at a dinner held in conjunction with a national educational program relating to food safety and genetic engineering organized by the State Legislative Leaders Foundation and Iowa State University. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 5:15 p.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 5:20 p.m., President Kramer presiding. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 27, a concurrent resolution urging Iowa's congressional delegation to support a federal appropriation to implement the Teaching America's History program. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 27. Senate Concurrent Resolution 27 On motion of Senator Connolly, Senate Concurrent Resolution 27, a concurrent resolution urging Iowa's congressional delegation to support a federal appropriation to implement the Teaching America's History program, with report of committee recommending passage, was taken up for consideration. Senator Connolly moved the adoption of Senate Concurrent Resolution 27, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Angelo asked and received unanimous consent to take up for consideration House File 722. House File 722 On motion of Senator Drake, 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, with report of committee recommending passage, was taken up for consideration. Senator Drake 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. 722), the vote was: Ayes, 50: 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 McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT CONSIDERED Senate File 532 Senator Lamberti called up for consideration 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, amended by the House in House amendment S-3568, filed April 27, 2001. Senator Lamberti offered amendment S-3573, filed by him from the floor to page 1 of House amendment S-3568, and moved its adoption. Amendment S-3573 was adopted by a voice vote. Senator Lamberti 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 Lamberti 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. 532), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson 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: Freeman McLaren Miller Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. SPECIAL GUEST President Kramer welcomed Sean Dugdale, son of Pamela and Grant Dugdale, to the Senate Chamber. Pam is a Senior Research Analyst with the Republican caucus staff. Sean had recently been hospitalized with complications from severe strep throat. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lamberti, for the remainder of the day, on request of Senator Jensen. CONSIDERATION OF BILL (Appropriations Calendar) Senator Angelo asked and received unanimous consent to take up for consideration House File 719. House File 719 On motion of Senator Lundby, 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, with report of committee recommending amendment and passage, was taken up for consideration. The Senate stood at ease at 5:43 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:08 p.m., President Kramer presiding. Senator Lundby offered amendment S-3519, filed by the committee on Appropriations on April 25, 2001, to pages 2-7 and 9 of the bill. Senator Dvorsky offered amendment S-3532, filed by him on April 26, 2001, to page 1 of amendment S-3519, and moved its adoption. Amendment S-3532 lost by a voice vote. Senator King offered amendment S-3567, filed by Senators King, Lundby, and Dvorsky on April 27, 2001, to pages 1 and 3 of amendment S-3519, and moved its adoption. Amendment S-3567 was adopted by a voice vote. Senator Lundby moved the adoption of amendment S-3519, as amended, which motion prevailed by a voice vote. Senator King offered amendment S-3584, filed by Senators King and Lundby from the floor to page 5 of the bill, and moved its adoption. Amendment S-3584 was adopted by a voice vote. Senator Hammond offered amendment S-3543, filed by Senators Hammond and Harper on April 26, 2001, to page 5 of the bill. Senator Hammond asked and received unanimous consent that action on amendment S-3543 be deferred. Senator Dvorsky offered amendment S-3533, filed by him on April 26, 2001, to page 5 of the bill. Senator Dvorsky asked and received unanimous consent to withdraw amendment S-3533. Senator Bolkcom offered amendment S-3563, filed by him on April 27, 2001, to page 5 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3563 be adopted?" (H.F. 719), 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 Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: Lamberti Amendment S-3563 lost. Senator Lundby offered amendment S-3531, filed by her on April 26, 2001, to page 8 of the bill, and moved its adoption. Amendment S-3531 was adopted by a voice vote. Senator Harper offered amendment S-3542, filed by Senators Harper and Hammond on April 26, 2001, to pages 8 and 9 of the bill. Senator Harper called for the following division of amendment S-3542: Division S-3542A: Lines 3-4; and Division S-3542B: Lines 5-21. With the adoption of amendment S-3531, the Chair ruled division S-3542A, out of order. Senator Harper withdrew division S-3542B. Senator Hammond asked and received unanimous consent to withdraw amendment S-3543, previously deferred. Senator Lundby 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. 719), the vote was: Ayes, 30: Angelo Bartz Behn Boettger Deluhery Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 19: Black Bolkcom Connolly Dearden Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 1: Lamberti 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 Concurrent Resolution 27, Senate File 532, and House Files 719 and 722 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 30, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 698, a bill for an act providing appropriations for certain temporary staffing for the Iowa utilities board and consumer advocate prior to assessment of such staffing expenses to utilities. Read first time and referred to committee on Appropriations. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:00 p.m. until 9:00 a.m. Tuesday, May 1, 2001. 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 30, 2001 DEPARTMENT OF INSPECTIONS AND APPEALS Fiscal Year 2000 Annual Report. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Nevada Middle School Team - Haley Huhn, Megan Koudelka, Natalie Tendall, and Erin Wilson - and teachers, Mrs. Adele Beauchene and Mr. Gary Vasey - For being named regional qualifiers for National History Day, Junior Division, Group Performance. Senator McKibben (04/30/01). PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Fifteen students, teachers, and parents from Hoover Elementary School in Dubuque, Iowa, accompanied by teacher Randy Lyons and principal Steve Giesert. Senator Connolly. REPORT OF COMMITTEE MEETING WAYS AND MEANS Convened: April 30, 2001, 12:08 p.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Members Absent: None. Committee Business: Passed HF 727. Adjourned: 12:35 p.m. SUBCOMMITTEE ASSIGNMENT House File 698 APPROPRIATIONS: Jensen, Chair; Deluhery and Schuerer COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE JOINT RESOLUTION 8, a joint resolution authorizing the temporary use and consumption of wine in the State Capitol at a dinner held in conjunction with a national educational program relating to food safety and genetic engineering organized by the State Legislative Leaders Foundation and Iowa State University. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE CONCURRENT RESOLUTION 28, 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. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 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. Recommendation: DO PASS. Final Vote: Ayes, 14: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 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 30th day of April, 2001: Senate Files 57, 141, 185, 209, 323, and 336. MICHAEL E. MARSHALL Secretary of the Senate BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on April 30, 2001, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 84 - Prohibiting the sale or distribution of purple loosestrife. S.F. 184 - Relating to duties of the county sheriff by increasing the fees and expenses collected by the county sheriff for various services and the release of a garnishment. S.F. 242 - Relating to the rules regarding the authentication of practitioners' verbal orders in hospitals. S.F. 265 - Prohibiting the installation, distribution, or sale of nonoperative air bags and providing a penalty. S.F. 313 - Relating to removal of county board of supervisor appointees. AMENDMENTS FILED S-3573 S.F. 532 Jeff Lamberti S-3574 H.F. 732 Robert E. Dvorsky Johnie Hammond S-3575 S.F. 538 Mike Connolly S-3576 H.F. 732 Maggie Tinsman Johnie Hammond S-3577 H.F. 732 Johnie Hammond Michael E. Gronstal Dennis H. Black Jack Holveck Betty A. Soukup Mark Shearer Tom Flynn Patrick J. Deluhery Mike Connolly Patricia Harper Robert E. Dvorsky Eugene S. Fraise Joe Bolkcom John P. Kibbie Bill Fink S-3578 H.F. 732 Johnie Hammond Michael E. Gronstal Dennis H. Black Jack Holveck Tom Flynn Patricia Harper Robert E. Dvorsky Eugene S. Fraise Joe Bolkcom John P. Kibbie Bill Fink S-3579 H.F. 732 Johnie Hammond Michael E. Gronstal Dennis H. Black Jack Holveck Tom Flynn Patricia Harper S-3580 H.F. 732 Johnie Hammond Betty A. Soukup Patricia Harper Thomas Fiegen Mark Shearer Robert E. Dvorsky Tom Flynn Eugene S. Fraise John P. Kibbie Mike Connolly Patrick J. Deluhery Joe Bolkcom Jack Holveck Michael E. Gronstal Dick L. Dearden Matt McCoy Wally E. Horn Bill Fink Steven D. Hansen Dennis H. Black S-3581 H.F. 732 Johnie Hammond Patricia Harper Mark Shearer Betty A. Soukup Jack Holveck S-3582 H.F. 732 Ken Veenstra S-3583 S.F. 476 Mary E. Kramer Nancy Boettger Paul McKinley JoAnn Johnson John W. Jensen Richard F. Drake Kitty Rehberg E. Thurman Gaskill Jeff Lamberti Mark Zieman Larry McKibben Andy McKean Jerry Behn Neal Schuerer Jeff Angelo Ken Veenstra Stewart Iverson, Jr. O. Gene Maddox David Miller S-3584 H.F. 719 Steve King Mary A. Lundby S-3585 H.F. 732 Ken Veenstra S-3586 H.F. 732 Ken Veenstra S-3587 H.F. 732 Kitty Rehberg 1388 JOURNAL OF THE SENATE 113th Day 113th Day MONDAY, APRIL 30, 2001 1387
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