Senate Journal: Wednesday, May 2, 2001

  ONE-HUNDRED FIFTEENTH CALENDAR DAY
  SIXTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, May 2, 2001

  The Senate met in regular session at 9:10 a.m., President
  Pro Tempore McKean presiding.

  Prayer was offered by the Honorable Maggie Tinsman, member of
  the Senate from Scott County, Davenport, Iowa.

  The Journal of Tuesday, May 1, 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 May 1, 2001, adopted the conference committee report and passed
  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 May 1, 2001, concurred in the Senate amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  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.

  ALSO:  That the House has on May 1, 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 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.

  ALSO:  That the House has on May 1, 2001, passed the following bill in which
  the
  concurrence of the Senate is asked:

  House File 740, a bill for an act relating to the senior living
  program including provisions relating to and making appropriations
  from the senior living trust fund to the department of elder affairs
  and the department of human services, and including effective date
  and retroactive applicability provisions.

  Read first time and referred to committee on Appropriations.

  ALSO:  That the House has on May 1, 2001, amended the Senate amendment,
  concurred in the Senate amendment as amended, and passed the following bill
  in
  which the concurrence of the Senate is asked:

  House File 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. (S-3601)

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Bartz, Lundby, McLaren, and Redfern, until they arrive, on request
  of
  Senator Angelo; and Senator Sexton, until he arrives, on request of Senator
  Maddox.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for immediate consideration Senate Joint Resolution 8.
  Senate Joint Resolution 8

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

  Senator Kramer moved that the resolution 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.

  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.
  WHEREAS, the State of Iowa has the honor of hosting a meeting
  of the State Legislative Leaders Foundation, a nonpartisan national
  organization representing the nation's legislative leaders; and
  WHEREAS, the meeting will bring together legislative leaders,
  including senate presidents, house speakers, senate presidents pro
  tempore, house speakers pro tempore, majority leaders, and minority
  leaders from throughout the United States, and many of the world's
  foremost experts on food safety and genetic engineering, including
  representatives from the United States Food and Drug
  Administration, the United Nations Food and Agricultural
  Organization, and leading corporations engaged in genetic
  engineering and food products; and
  WHEREAS, Iowa's unique State Capitol is an optimal location for
  a dinner held in conjunction with this prestigious meeting; and
  WHEREAS, wine is customarily served as an accompaniment to
  the food and entertainment provided at this type of dinner; and
  WHEREAS, under 401 IAC 1.6(6), which prohibits the
  consumption of alcoholic beverages on the capitol complex, it is not
  possible to serve wine in the State Capitol at this type of dinner;
  NOW THEREFORE,
  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE
  OF IOWA:
  Section 1.  Notwithstanding 401 IAC 1.6(6) and any contrary
  provisions of chapter 123, prohibiting the use and consumption of
  alcoholic beverages in public places, wine may be used and consumed
  within the State Capitol at a dinner, to be held on or around Friday,
  June 22, 2001, hosted and organized in whole or in part by the State
  Legislative Leaders Foundation and Iowa State University, if the
  person providing the food and wine at the dinner possesses an
  appropriate valid liquor control license.  For the purpose of this
  section and section 123.95, the State Capitol is a private place.

  On the question "Shall the resolution be adopted?" (S.J.R. 8), the
  vote was:

  Ayes, 42:

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

  Nays, 3:

  Black	Hammond	Holveck

  Absent or not voting, 5:

  Bartz	Lundby	McLaren	Redfern
  Sexton

  The resolution, having received a constitutional majority, was
  declared to have been adopted by the Senate and the title was agreed
  to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Joint Resolution 8 be immediately messaged to the
  House.
  MOTION TO RECONSIDER WITHDRAWN

  Senate File 528

  Senator Iverson withdrew the motion to reconsider Senate
  File 528, a bill for an act relating to and making transportation and
  other infrastructure-related appropriations to the state department of
  transportation, including allocation and use of moneys from the
  general fund of the state, road use tax fund, and primary road fund,
  providing for the nonreversion of certain moneys, and discontinuing
  driver's license renewal by mail, filed by him on May 1, 2001, and
  found on page 1442 of the Senate Journal.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 528 be immediately messaged to the House.

  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 46, by Johnson, a resolution supporting a
  women's health care platform that recognizes and calls for the
  elimination of inequities in the health prevention and treatment of
  women in Iowa.

  Read first time and referred to committee on Rules and
  Administration.

  Senate Resolution 47, by Holveck, Iverson, Harper, Hammond,
  Behn, Rehberg, Redfern, Kramer, and McKibben, a resolution
  recognizing and congratulating Quakerdale on 150 years of service.

  Read first time and referred to committee on Rules and
  Administration.

  Senate Resolution 48, by Drake, Jensen, Dearden, Kibbie, and
  Horn, a resolution recognizing the United States Seagoing Marine
  Association, and designating August 2001 as United States Seagoing
  Marines Month.

  Read first time and referred to committee on Rules and
  Administration.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 540.

  Senate File 540

  On motion of Senator King, Senate File 540, a bill for an act
  providing for congressional and legislative districts and providing an
  effective date, with report of committee without recommendation, was
  taken up for consideration.

  The Senate stood at ease at 9:30 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 10:00 a.m., President Kramer
  presiding.

  President Pro Tempore McKean took the chair at 10:41 a.m.

  President Kramer took the chair at 10:48 a.m.

  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?" (S.F. 540), the vote was:

  Ayes, 21:

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

  Nays, 27:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Greiner
  Iverson	Jensen	Johnson	King
  Kramer	Lamberti	Lundby	McKean
  McKibben	McKinley	McLaren	Miller
  Redwine	Rehberg	Rittmer	Schuerer
  Tinsman	Veenstra	Zieman

  Absent or not voting, 2:

  Redfern	Sexton

  The bill, not having received a constitutional majority, was
  declared to have failed to have passed the Senate.

  MOTION TO RECONSIDER WITHDRAWN

  Senate File 346

  Senator Iverson withdrew the motion to reconsider 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, filed by him on
  May 1, 2001, and found on page 1442 of the Senate Journal.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:58 a.m.
  until 2:00 p.m.
  APPENDIX

  PRESENTATION OF VISITORS

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

  Five senior government students from East Marshall High School
  in Le Grand, Iowa.  Senator McKibben.

  BILL 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 bill has 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 2nd day
  of May,
  2001:

  Senate File 533.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  REPORT OF COMMITTEE MEETING

  RULES AND ADMINISTRATION

  Convened:  May 2, 2001, 12:00 p.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer.

  Members Absent:  None.

  Committee Business:  Passed SRs 45, 46, and 47.

  Adjourned:  12:02 p.m.

  SUBCOMMITTEE ASSIGNMENT

  House File 740

  APPROPRIATIONS:  Tinsman, Chair; Hammond and Lamberti
  COMMITTEE REPORTS

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 45, a resolution designating June 16,
  2001, as Juneteenth National Freedom Day.

  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 RESOLUTION 46, a resolution supporting a women's
  health care platform that recognizes and calls for the elimination of
  inequities in the
  health prevention and treatment of women in Iowa.

  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 RESOLUTION 47, a resolution recognizing and
  congratulating Quakerdale on 150 years of service.

  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.
  AFTERNOON SESSION

  The Senate reconvened at 2:08 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 42 present, 8 absent, and a quorum present.

  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 May 2, 2001, passed the following bill in which the concurrence
  of the
  Senate is asked:

  House File 714, a bill for an act relating to a community renewal
  initiative by establishing a community development program to
  provide tax credits for income tax, franchise tax, premiums tax, and
  moneys and credits tax for businesses contributing to community
  development projects to aid certain neighborhoods and communities
  or contributing to child care benefits for employees and including
  effective and applicability date provisions.

  Read first time and attached to similar Senate File 522.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 346 be immediately messaged to the House.

  The Senate stood at ease at 2:18 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 3:12 p.m., President
  Pro Tempore McKean presiding.
  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 May 2, 2001, amended and passed the following bill in which the
  concurrence of the Senate is asked:

  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. (S-3603)

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Shearer, until he returns, and Senator Fiegen, for the remainder of
  the
  day, on request of Senator Soukup.

  UNFINISHED BUSINESS
  (Deferred April 30, 2001)

  Senate File 476

  The Senate resumed consideration of Senate File 476, a bill for
  an act relating to the establishment of a student achievement and
  teacher quality program, deferred April 30, 2001.

  Senator Kramer offered amendment S-3583, filed by Senator
  Kramer, et al., on April 30, 2001, striking everything after the
  enacting clause of the bill.

  Senator Connolly offered amendment S-3591, filed by Senator
  Connolly, et al., on May 1, 2001, striking everything after the
  enacting clause and to the title provisions of amendment S-3583, and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3591 to amendment S-3583
  be adopted?" (S.F. 476), the vote was:
  Ayes, 17:

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

  Nays, 29:

  Angelo	Bartz	Behn	Boettger
  Drake	Fink	Freeman	Gaskill
  Greiner	Iverson	Jensen	Johnson
  King	Kramer	Lamberti	Lundby
  Maddox	McKean	McKibben	McKinley
  McLaren	Miller	Redwine	Rehberg
  Rittmer	Schuerer	Tinsman	Veenstra
  Zieman

  Absent or not voting, 4:

  Fiegen	Redfern	Sexton	Shearer

  Amendment S-3591 lost.

  Senator Kramer asked and received unanimous consent to
  withdraw amendment S-3588, filed by Senators Kramer and
  Boettger on May 1, 2001, to pages 3 and 9 of amendment S-3583.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Bartz, until he returns, on request of Senator Kramer.

  BUSINESS PENDING

  Senate File 476

  The Senate resumed consideration of Senate File 476.

  Senator Harper offered amendment S-3597, filed by her on May 1,
  2001, to page 8 of amendment S-3583, moved its adoption.

  A record roll call was requested.
  On the question "Shall amendment S-3597 to amendment S-3583
  be adopted?" (S.F. 476), the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 17:

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

  Nays, 27:

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

  Present, 2:

  Connolly	Fink

  Absent or not voting, 4:

  Bartz	Fiegen	Redfern	Sexton

  Amendment S-3597 lost.

  Senator Fink offered amendment S-3596, filed by him on May 1,
  2001, to pages 8, 10, and 11 of amendment S-3583, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3596 to amendment S-3583
  be adopted?" (S.F. 476), the vote was:

  Ayes, 20:

  Angelo	Black	Bolkcom	Dearden
  Deluhery	Dvorsky	Fink	Flynn
  Fraise	Freeman	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Kibbie	McCoy	Shearer	Soukup

  Nays, 26:

  Behn	Boettger	Connolly	Drake
  Gaskill	Greiner	Iverson	Jensen
  Johnson	King	Kramer	Lamberti
  Lundby	Maddox	McKean	McKibben
  McKinley	McLaren	Miller	Redwine
  Rehberg	Rittmer	Schuerer	Tinsman
  Veenstra	Zieman	

  Absent or not voting, 4:

  Bartz	Fiegen	Redfern	Sexton

  Amendment S-3596 lost.

  Senator Fink offered amendment S-3595, filed by him on May 1,
  2001, to page 12 of amendment S-3583, moved its adoption.

  A nonrecord roll call was requested.

  The ayes were 18, nays 26.

  Amendment S-3595 lost.

  (Action on Senate File 476 was deferred, amendment S-3583
  pending.)

  The Senate stood at ease at 4:44 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 6:07 p.m., President Pro Tempore
  McKean presiding.

  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 May 2, 2001, passed the following bill in which the concurrence
  of the
  House was asked:
  Senate File 339, a bill for an act relating to scheduled fines for
  hunting and fishing violations.

  ALSO:  That the House has on May 2, 2001, receded from the House amendment
  to the Senate amendment, and passed the following bill in which the
  concurrence of
  the House was asked:

  Senate File 470, a bill for an act relating to the regulation of
  infectious and contagious diseases in animals, and providing for
  penalties.

  ALSO:  That the House has on May 2, 2001, amended and passed the following
  bills in which the concurrence of the Senate is asked:

  Senate File 98, a bill for an act concerning unemployment
  compensation by relieving unemployment compensation charges for
  employees who become unemployed due to a presidentially declared
  disaster. (S-3612)

  Senate File 140, a bill for an act updating the Iowa Code
  references to the Internal Revenue Code, increasing the minimum
  filing income requirement for dependents, lowering the threshold
  amount for making estimated payments for corporations and
  financial institutions, increasing the estimated tax payment standard
  for assessing a penalty for corporations and financial institutions, and
  providing retroactive applicability dates and an effective date.
  (S-3611)

  INTRODUCTION OF BILLS

  Senate File 541, by committee on Appropriations, a bill for an act
  relating to the compensation and benefits for public officials and
  employees, providing for related matters, and making appropriations.

  Read first time and placed on Appropriations calendar.

  Senate File 542, by committee on Appropriations, a bill for an act
  relating to public expenditure and regulatory matters, making and
  reducing appropriations, and including effective date and retroactive
  applicability provisions.

  Read first time and placed on Appropriations calendar.
  Senate File 543, by Iverson and Gronstal, a bill for an act making
  changes to criminal sentences by permitting an aggravated
  misdemeanor charge for certain burglary in the third degree criminal
  offenses, by creating a sentence of a determinate term of confinement
  and an additional indeterminate term of years for certain class "D"
  felonies, by extending the length of time for reconsideration of certain
  felony sentences, and providing penalties.

  Read first time and referred to committee on Judiciary.

  QUORUM CALL

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

  The vote revealed 40 present, 10 absent, and a quorum present.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McLaren, until he returns, on request of Senator Kramer.

  BUSINESS PENDING

  Senate File 476

  The Senate resumed consideration of Senate File 476, a bill for
  an act relating to the establishment of a student achievement and
  teacher quality program, previously deferred (amendment S-3583
  pending).

  Senator Connolly offered amendment S-3610, filed by Senators
  Connolly and Kibbie from the floor to pages 1-20 of amendment
  S-3583, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3610 to amendment S-3583
  be adopted?" (S.F. 476), the vote was:
  Ayes, 18:

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

  Nays, 29:

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

  Absent or not voting, 3:

  Fiegen	McLaren	Redfern

  Amendment S-3610 lost.

  Senator Harper offered amendment S-3590, filed by Senator
  Harper, et al., on May 1, 2001, to pages 13-18 of amendment S-3583,
  and moved its adoption.

  Amendment S-3590 was adopted by a voice vote.

  Senator Kramer offered amendment S-3604, filed by her from the
  floor to pages 1, 3, 9-13, 17, 19, and 20 of amendment S-3583, and
  moved its adoption.

  Senator Kramer called for the following division of amendment
  S-3604:

  Division S-3604A:  Page 2, lines 10-16; and
  Division S-3604B:  Page 1, lines 3-50; page 2, lines 1-9 and 17-30.

  Senator Kramer withdrew division S-3604A.

  Senator Kramer moved the adoption of division S-3604B.

  A record roll call was requested.
  On the question "Shall division S-3604B to amendment S-3583 be
  adopted?" (S.F. 476), the vote was:

  Ayes, 29:

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

  Nays, 19:

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

  Absent or not voting, 2:

  Fiegen	Redfern

  Division S-3604B was adopted.

  Senator Kramer moved the adoption of amendment S-3583, as
  amended.

  A record roll call was requested.

  On the question "Shall amendment S-3583 be adopted?" (S.F. 476),
  the vote was:

  Ayes, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Gaskill	Greiner
  Hansen	Iverson	Jensen	Johnson
  King	Kramer	Lamberti	Lundby
  Maddox	McKean	McKibben	McKinley
  McLaren	Miller	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Tinsman
  Veenstra	Zieman
  Nays, 18:

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

  Absent or not voting, 2:

  Fiegen	Redfern

  Amendment S-3583 was adopted.

  Senator Angelo took the chair at 7:30 p.m.

  President Pro Tempore McKean took the chair at 7:42 p.m.

  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. 476), the vote was:

  Ayes, 26:

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

  Nays, 23:

  Black	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fink	Flynn
  Fraise	Freeman	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Kibbie	King	McCoy	McLaren
  Miller	Shearer	Soukup

  Absent or not voting, 1:

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

  SPECIAL GUESTS

  Senator Kramer introduced the following members of the
  Statehouse Cafeteria Staff in recognition of their dedication and
  willingness to go above and beyond the call of duty in regard to
  customer service:  Don Ostrander, Ignacio (Nacho) Hernandez,
  Shirley Wilson, and Gena Lucia.

  The Senate rose and expressed its appreciation.

  UNFINISHED BUSINESS

  House File 670

  On motion of Senator Boettger, House File 670, a bill for an act
  relating to nontraditional practitioner preparation instruction
  programs, including the licensure of individuals who are participating
  in or have successfully completed a program, with report of
  committee recommending passage, placed on the Unfinished Business
  Calendar on April 12, 2001, was taken up for consideration.

  Senator Boettger offered amendment S-3615, filed by her from the
  floor striking everything after the enacting clause of the bill.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-3615 and House File 670 be deferred.

  UNFINISHED BUSINESS

  House File 349

  On motion of Senator Greiner, House File 349, a bill for an act
  relating to the enterprise zone program by creating an eligible
  development business portion of the program, amending the
  incentives and assistance provisions available under the enterprise
  zone program, and providing a retroactive applicability date, with
  report of committee recommending passage, placed on the Unfinished
  Business Calendar on April 12, 2001, was taken up for consideration.
  Senator Redwine asked and received unanimous consent to
  withdraw amendment S-3409, filed by him on April 19, 2001, to
  pages 1-3, 5 and 7 of the bill.

  With the withdrawal of amendment S-3409, the Chair ruled
  amendment S-3614, filed by Senator Shearer from the floor to page 1
  of amendment S-3409, out of order.

  Senator Redwine offered amendment S-3475, filed by him on
  April 24, 2001, to pages 1-3, 5, and 7 of the bill.

  Senator Shearer asked and received unanimous consent that
  action on amendment S-3475 be deferred.

  Senator Greiner offered amendment S-3600, filed by Senators
  Greiner and King from the floor to pages 3, 12, and to the title page of
  the bill, and moved its adoption.

  Amendment S-3600 was adopted by a voice vote.

  The Senate resumed consideration of amendment S-3475,
  previously deferred.

  Senator Shearer offered amendment S-3616, filed by him from the
  floor to page 1 of amendment S-3475, and moved its adoption.

  A nonrecord roll call was requested.

  The ayes were 19, nays 27.

  Amendment S-3616 lost.

  Senator Redwine moved the adoption of amendment S-3475,
  which motion prevailed 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. 349), the vote was:
  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Deluhery
  Drake	Dvorsky	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	Tinsman
  Veenstra	Zieman

  Nays, 3:

  Dearden	Shearer	Soukup

  Absent or not voting, 1:

  Fiegen

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

  The Senate stood at ease at 8:35 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 9:03 p.m., President Kramer
  presiding.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 349 be immediately messaged to the House.

  BUSINESS PENDING

  House File 670

  The Senate resumed consideration of House File 670, a bill for an
  act relating to nontraditional practitioner preparation instruction
  programs, including the licensure of individuals who are participating
  in or have successfully completed a program, and amendment
  S-3615, previously deferred.
  Senator Angelo took the chair at 9:22 p.m.

  President Kramer took the chair at 10:05 p.m.

  Senator Boettger moved the adoption of amendment S-3615.

  A nonrecord roll call was requested.

  The ayes were 28, nays 19.

  Amendment S-3615 was adopted.

  With the adoption of S-3615, the Chair ruled amendment S-3407,
  filed by Senator Boettger on April 19, 2001, to pages 1-4 of the bill,
  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. 670), the vote was:

  Ayes, 27:

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

  Nays, 22:

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

  Absent or not voting, 1:

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

  MOTION TO RECONSIDER ADOPTED

  Senator Iverson called up the motion to reconsider House
  File 403, filed by him on April 17, 2001, found on page 1165 of the
  Senate Journal, and moved its adoption.

  On the question "Shall the motion to reconsider be adopted?"
  (H.F. 403) the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	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, 1:

  Fiegen

  The motion prevailed.

  Senator Iverson moved to reconsider the vote by which House
  File 403 went to its last reading, which motion prevailed by a voice
  vote.

  Senator Iverson asked and received unanimous consent that action
  on House File 403 be deferred.
  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 May 2, 2001, passed the following bill in which the concurrence
  of the
  Senate is asked:

  House File 745, a bill for an act regulating foot and mouth
  disease and providing an effective date.

  Read first time and referred to committee on Agriculture.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 670 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:40 p.m.
  until 9:00 a.m. Thursday, May 3, 2001.












  APPENDIX

  MOTION TO RECONSIDER FILED

  MR. PRESIDENT:  I move to reconsider the vote by which Senate File 476
  passed
  the Senate on May 2, 2001.

  MARY KRAMER
  SIMILAR BILL RECEIVED

  On May 2, 2001, House File 714 was received and attached to
  similar Senate File 522 on the Senate calendar.

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on May 2, 2001,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 57 - Relating to approval of city ordinances granting certain utility
  franchises.

  S.F. 141 - Relating to the allocation of program job credits to program
  costs under
  the accelerated career education program and providing effective and
  retroactive
  applicability dates.

  S.F. 185 - 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.

  S.F. 209 - Providing for livestock, including the control of
  paratuberculosis, and
  providing for penalties.

  S.F. 323 - Relating to the standard for investment of retirement funds by
  municipal
  utilities.

  S.F. 336 - Relating to the authority of the state board of educational
  examiners to
  develop a code of professional rights and responsibilities, practices, and
  ethics for
  practitioners.

  S.F. 533 - Relating to and making appropriations to the tobacco settlement
  trust
  fund and providing a contingent effective date.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  May 2, 2001, 12:55 p.m.

  Members Present:  Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking
  Member;
  Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Gaskill, Hammond,
  Horn,
  Jensen, King, Lundby, McKibben, Rehberg, Schuerer, Soukup, Tinsman,
  Veenstra, and
  Zieman.

  Members Absent:  Fiegen and Redfern (both excused).
  Committee Business:  Approved SSBs 1273 and 1274 and passed HFs 740 and 742.

  Adjourned:  2:00 p.m.

  JUDICIARY

  Convened:  May 2, 2001, 10:42 p.m.

  Members Present:  Maddox, Chair Holveck, Ranking Member; Angelo, Boettger,
  Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, and Tinsman.

  Members Absent:  Redfern, Vice Chair; Fiegen, and Miller (all excused).

  Committee Business:  Passed SF 543.

  Adjourned:  10:45 p.m.

  SUBCOMMITTEE ASSIGNMENT

  Senate File 543

  JUDICIARY:  McKean, Chair; Hammond and Maddox

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 541 (SSB 1273), a bill for an act relating
  to the
  compensation and benefits for public officials and employees, providing for
  related
  matters, and making appropriations.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen,
  King,
  McKibben, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman.  Nays, 9:
  Flynn,
  Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Horn, Lundby, and Soukup.
  Absent or not voting, 3:  Black, Fiegen, and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 542 (SSB 1274), a bill for an act relating
  to public
  expenditure and regulatory matters, making and reducing appropriations, and
  including effective date and retroactive applicability provisions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen,
  King,
  Lundby, McKibben, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman.  Nays,
  8:
  Flynn, Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Horn, and Soukup.
  Absent
  or not voting, 3:  Black, Fiegen, and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 740, a bill for an act relating to the senior
  living
  program including provisions relating to and making appropriations from the
  senior
  living trust fund to the department of elder affairs and the department of
  human
  services, and including effective date and retroactive applicability
  provisions.

  Recommendation:  DO PASS.

  Final Vote: Ayes, 23:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Gaskill, Hammond, Horn, Jensen, King, Lundby,
  McKibben, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.  Nays,
  none.
  Absent or not voting, 2:  Fiegen and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 742, a bill for an act relating to and making
  appropriations from the rebuild Iowa infrastructure fund to state
  departments and
  agencies, including the department of corrections, the department of
  cultural affairs,
  the department of economic development, the department of general services,
  the Iowa
  state fair foundation, the legislative council, the department of natural
  resources, the
  department of public defense, the department of public safety, the state
  board of
  regents, the state department of transportation, and the office of treasurer
  of state, and
  making appropriations from the environment first fund for environmental
  purposes to
  the department of agriculture and land stewardship, the department of
  economic
  development, the department of natural resources, the state department of
  transportation, and the Iowa resources enhancement and protection fund,
  making
  related statutory changes, and providing effective dates.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  Lamberti, Kramer, Angelo, Behn, Gaskill, Jensen,
  King,
  Lundby, McKibben, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman.  Nays,
  9:
  Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Hammond, Horn, and
  Soukup.
  Absent or not voting, 2:  Fiegen and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action:  SENATE FILE 543, a bill for an act making changes to
  criminal
  sentences by permitting an aggravated misdemeanor charge for certain
  burglary in the
  third degree criminal offenses, by creating a sentence of a determinate term
  of
  confinement and an additional indeterminate term of years for certain class
  "D"
  felonies, by extending the length of time for reconsideration of certain
  felony sentences,
  and providing penalties.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Maddox, Holveck, Angelo, Boettger, Fraise, Hammond,
  Hansen, Horn, King, Lamberti, McKean, and Tinsman.  Nays, none.  Absent or
  not
  voting, 3:  Redfern, Fiegen, and Miller.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3600	H.F.	349	Sandra Greiner
  Steve King
  S-3601	H.F.	726	House
  S-3602	S.F.	499	O. Gene Maddox
  Michael E. Gronstal
  S-3603	S.F.	516	House
  S-3604	S.F.	476	Mary E. Kramer
  S-3605	H.F.	742	Mike Connolly
  S-3606	H.F.	742	Mary A. Lundby
  S-3607	H.F.	742	Sandra Greiner
  S-3608	H.F.	695	Mike Connolly
  Paul McKinley
  S-3609	H.F.	742	Robert E. Dvorsky
  Eugene S. Fraise
  S-3610	S.F.	476	Mike Connolly
  John P. Kibbie
  S-3611	S.F.	140	House
  S-3612	S.F.	98	House
  S-3613	H.F.	742	Jeff Lamberti
  S-3614	H.F.	349	Mark Shearer
  S-3615	H.F.	670	Nancy Boettger
  S-3616	H.F.	349	Mark Shearer
  S-3617	H.F.	742	Robert E. Dvorsky
  S-3618	H.F.	742	Bill Fink
  Betty A. Soukup
  Joe Bolkcom
  Robert E. Dvorsky
  Jack Holveck
  Dennis H. Black
  Patrick J. Deluhery
  Mark Shearer
  S-3619	H.F.	742	Dennis H. Black
  Betty A. Soukup
  Patrick J. Deluhery
  Joe Bolkcom
  Robert E. Dvorsky
  Jack Holveck
  Mark Shearer
  Bill Fink
  S-3620	H.F.	742	Betty A. Soukup
  Patrick J. Deluhery
  Joe Bolkcom
  Robert E. Dvorsky
  Jack Holveck
  Bill Fink
  Dennis H. Black
  S-3621	H.F.	742	Robert E. Dvorsky
  Johnie Hammond
  Patricia Harper
  Joe Bolkcom
  1444	JOURNAL OF THE SENATE	115th Day
  115th Day	WEDNESDAY, MAY 2, 2001	1445

© 2001 Cornell College and League of Women Voters of Iowa

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