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ONE-HUNDRED SIXTEENTH CALENDAR DAY SEVENTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, May 3, 2001 The Senate met in regular session at 9:03 a.m., President Pro Tempore McKean presiding. Prayer was offered by Mr. Joel Oswald from Ames, Iowa, clerk for Senator King. The Journal of Wednesday, May 2, 2001, was approved. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on May 3, 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 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. (S-3623) CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Bartz asked and received unanimous consent to take up for immediate consideration Senate Resolutions 45 and 46. Senate Resolution 45 On motion of Senator Kramer, Senate Resolution 45, a resolution designating June 16, 2001, as Juneteenth National Freedom Day, with report of committee recommending passage, was taken up for consideration. Senator Kramer moved the adoption of Senate Resolution 45, which motion prevailed by a voice vote. President Kramer took the chair at 9:11 a.m. Senate Resolution 46 On motion of Senator Johnson, 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, with report of committee recommending passage, was taken up for consideration. Senator Johnson moved the adoption of Senate Resolution 46, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Redfern, until he arrives, on request of Senator Angelo. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 543. Senate File 543 On motion of Senator McKean, 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, with report of committee recommending passage, was taken up for consideration. 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?" (S.F. 543), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Redfern The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. UNFINISHED BUSINESS House File 695 On motion of Senator McKinley, House File 695, a bill for an act relating to the school-to-career program, with report of committee recommending passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Connolly offered amendment S-3608, filed by Senators Connolly and McKinley on May 2, 2001, to pages 1 and 2 of the bill, and moved its adoption. Amendment S-3608 was adopted by a voice vote. Senator McKinley 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. 695), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Redfern The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 726 Senator Tinsman called up for consideration 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, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-3601 to Senate amendment H-1763, filed May 2, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Tinsman 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. 726), 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, 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: Redfern The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 543 and House Files 695 and 726 be immediately messaged to the House. HOUSE AMENDMENT CONSIDERED Senate File 499 Senator Maddox called up for consideration Senate File 499, a bill for an act making changes to and reorganizing scheduled fines, amended by the House in House amendment S-3571, filed April 27, 2001. Senator Maddox offered amendment S-3602, filed by Senators Maddox and Gronstal on May 2, 2001, to page 1 of House amendment S-3571, and moved its adoption. A nonrecord roll call was requested. The ayes were 17, nays 28. Amendment S-3602 lost. Senator Maddox moved that the Senate concur in the House amendment. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Maddox 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. 499), the vote was: Ayes, 29: Angelo Behn Boettger Drake Flynn Freeman Gaskill Gronstal Hammond Harper Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben Miller Redfern Redwine Rittmer Tinsman Veenstra Zieman Nays, 21: Bartz Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Fraise Greiner Hansen Holveck Horn McKinley McLaren Rehberg Schuerer Sexton Shearer Soukup 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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gronstal, until he returns, on request of Senator Hansen. HOUSE AMENDMENT CONSIDERED Senate File 140 Senator Deluhery called up for consideration 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, amended by the House, and moved that the Senate concur in House amendment S-3611, filed May 2, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Deluhery 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. 140), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner 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: Gronstal The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. President Pro Tempore McKean took the chair at 10:30 a.m. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 140 and 499 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 10:33 a.m. until the completion of a meeting of the committee on Agriculture. APPENDIX REPORT OF COMMITTEE MEETING AGRICULTURE Convened: May 3, 2001, 10:35 a.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Members Absent: None. Committee Business: Passed HF 745. Adjourned: 11:18 a.m. STUDY BILL RECEIVED SSB 1275 Rules and Administration Urging Iowa's leaders to gather input from Iowans for the purpose of reporting to the General Assembly policy and practice recommendations designed to improve the state's climate for creation of high-paying, high-technology, stable jobs. SUBCOMMITTEE ASSIGNMENTS House File 745 AGRICULTURE: Bartz, Chair; Fraise and Gaskill SSB 1275 RULES AND ADMINISTRATION: No subcommittee assigned COMMITTEE REPORT AGRICULTURE Final Bill Action: HOUSE FILE 745, a bill for an act regulating foot and mouth disease and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 15: McLaren, Behn, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on May 2, 2001, attending a ceremony honoring my daughter as a State of Iowa scholar, when the votes were taken on Senate Joint Resolution 8 and amendments S-3583, S-3596, and S-3597 to Senate File 476. Had I been present, I would have voted "Nay" on all. MERLIN E. BARTZ 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 resolution and 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 3rd day of May, 2001: Senate Joint Resolution 3 and Senate Files 392, 410, 473, and 519. MICHAEL E. MARSHALL Secretary of the Senate AFTERNOON SESSION The Senate reconvened at 1:09 p.m., Senator McKinley presiding. QUORUM CALL Senator Redwine requested a nonrecord roll call to determine that a quorum was present. The vote revealed 42 present, 8 absent, and a quorum present. Senator Veenstra read a prayer written by the Reverend Billy Graham in observance of National Prayer Day. 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, 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 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. ALSO: 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 535, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents. (S-3632) ALSO: That the House has on May 3, 2001, adopted the conference committee report and passed 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. ALSO: That the House has on May 3, 2001, passed the following bill in which the concurrence of the House was asked: Senate File 524, a bill for an act providing assistance regarding the development of grapes and wine. ALSO: That the House has on May 3, 2001, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on May 3, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 739, a bill for an act relating to the application of sales and services tax receipts by a political subdivision to the payment of principal and interest of certain bonds. Read first time and referred to committee on Ways and Means. House File 746, 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 attached to similar Senate File 541. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 47. Senate Resolution 47 On motion of Senator Iverson, Senate Resolution 47, a resolution recognizing and congratulating Quakerdale on 150 years of service, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 47, which motion prevailed by a voice vote. SPECIAL PRESENTATION TO SENATE PAGES The Senate Pages were invited to the well of the Senate for a special presentation and were thanked by Senators Iverson and Gronstal for their service to the Senate. A Certificate of Excellence for serving with honor and distinction as a Senate Page during the 2001 Regular Session of the Seventy- ninth General Assembly and individual and Page group pictures were presented to each of the following Pages: Eun Yung (Suzie) Ahn, Eric Bagley, Kendra Brown, Lauren Clayton, Kari Dummermuth, Christina Engel, Tim Gulbranson, Girija Mahajan, Melissa McCormick, Sean McGuire, Brendon Moe, Alison Monaghan, Lacee Oliver, Justin Schroeder, Alex Strittmatter, Haley Swedlund, and Esther Van Mersbergen. The Senate rose and expressed its appreciation to the Pages. Bill Kreig and Tom Sheldahl were invited to the Senate Well by the Senate Pages and presented with framed pictures of the 2001 Senate Pages. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 740. House File 740 On motion of Senator Tinsman, 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, with report of committee recommending passage, was taken up for consideration. Senator Angelo took the chair at 1:53 p.m. President Kramer asked and received unanimous consent that action on House File 740 be deferred. MOTION TO RECONSIDER WITHDRAWN Senate File 476 Senator Kramer withdrew the motion to reconsider Senate File 476, a bill for an act relating to the establishment of a student achievement and teacher quality program, filed by her on May 2, 2001, and found on page 1468 of the Senate Journal. The Senate stood at ease at 2:00 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 3:32 p.m., President Pro Tempore McKean presiding. IMMEDIATELY MESSAGED Senator Boettger asked and received unanimous consent that Senate File 476 be immediately messaged to the House. SPECIAL GUESTS Senator Jensen welcomed visiting firemen and firewomen from Eisenach, Germany. Eisenach is the Sister City of Waverly. BUSINESS PENDING House File 740 The Senate resumed consideration of 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, previously deferred. Senator Hammond offered amendment S-3622, filed by her from the floor to page 5 of the bill, and moved its adoption. Amendment S-3622 lost by a voice vote. Senator Hammond offered amendment S-3624, filed by her from the floor to page 6 of the bill, and moved its adoption. Amendment S-3624 was adopted by a voice vote. Senator Hammond offered amendment S-3625, filed by Senators Hammond and Tinsman from the floor to pages 11, 12, and to the title page of the bill, and moved its adoption. Amendment S-3625 was adopted by a voice vote. Senator Holveck offered amendment S-3636, filed by him from the floor to page 6 of the bill, and moved its adoption. Amendment S-3636 was adopted by a voice vote. 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. 740), 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, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Boettger asked and received unanimous consent that House File 740 be immediately messaged to the House. 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 24, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 211, a bill for an act relating to the powers and duties of the department of agriculture and land stewardship. (S-3634) ALSO: That the House has on May 3, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: Senate File 515, a bill for an act providing for the crossing of railroad rights-of-way by public utilities, and providing applicability dates. (S-3633) CONSIDERATION OF BILL (Ways and Means Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate File 522. Senate File 522 On motion of Senator McKinley, Senate File 522, 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, was taken up for consideration. Senator McKinley offered amendment S-3631, filed by him from the floor striking everything after the enacting clause of the bill, and moved its adoption. Amendment S-3631 was adopted by a voice vote. Senator McKinley asked and received unanimous consent that House File 714 be substituted for Senate File 522. House File 714 On motion of Senator McKinley, 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, was taken up for consideration. Senator McKinley offered amendment S-3630, filed by him from the floor to page 2 of the bill, and moved its adoption. Amendment S-3630 was adopted by a voice vote. Senator Gronstal asked and received unanimous consent that action on House File 714 be deferred. UNFINISHED BUSINESS House File 637 On motion of Senator Rehberg, House File 637, a bill for an act relating to the responsibilities and duties of the department of education, area education agencies, and the commission of libraries, including the renaming of the regional library system, the appointment of trustees for the unified library service area, and development of a biennial unified plan of service and service delivery in consultation with unified library service areas and area education agency media centers, with report of committee recommending amendment and passage, placed on the Unfinished Business Calendar on April 12, 2001, was taken up for consideration. Senator Rehberg offered amendment S-3306, filed by the committee on Education on April 5, 2001, to pages 5, 8, and 16 of the bill. Senator Rehberg offered amendment S-3598, filed by her on May 1, 2001, to pages 1-3 of amendment S-3306, and moved its adoption. Amendment S-3598 was adopted by a voice vote. Senator Rehberg moved the adoption of amendment S-3306, as amended, which motion prevailed by a voice vote. Senator Harper offered amendment S-3313, filed by Senators Harper, et al., on April 9, 2001, to page 6 of the bill, and moved its adoption. Amendment S-3313 was adopted by a voice vote. Senator Rehberg offered amendment S-3629, filed by her from the floor to pages 13 and 14 of the bill, and moved its adoption. Amendment S-3629 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gronstal, until he returns, on request of Senator Hansen. BUSINESS PENDING House File 637 The Senate resumed consideration of House File 637. Senator Rehberg moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 637), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner 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: Gronstal The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Boettger asked and received unanimous consent that House File 637 be immediately messaged to the House. INTRODUCTION OF RESOLUTION Senate Resolution 49, by committee on Rules and Administration, a resolution advising legislative service bureau of the reasons for the Senate's rejection of Senate File 540. Read first time and placed on calendar. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for immediate consideration Senate Concurrent Resolution 28. Senate Concurrent Resolution 28 On motion of Senator Boettger, 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, with report of committee recommending passage, was taken up for consideration. Senator Boettger moved the adoption of Senate Concurrent Resolution 28, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 49, a resolution advising legislative service bureau of the reasons for the Senate's rejection of Senate File 540. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 1: Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for immediate consideration Senate Resolution 49. Senate Resolution 49 On motion of Senator King, Senate Resolution 49, a resolution advising legislative service bureau of the reasons for the Senate's rejection of Senate File 540, was taken up for consideration. Senator Kibbie asked and received unanimous consent that action on Senate Resolution 49 be deferred. IMMEDIATELY MESSAGED Senator Boettger asked and received unanimous consent that Senate Concurrent Resolution 28 be immediately messaged to the House. RESOLUTION REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Resolution 49 be referred from the Regular Calendar to the committee on State Government and returned to the Senate Calendar by 5:15 p.m., Thursday, May 3, 2001. RECESS On motion of Senator Iverson, the Senate recessed at 4:45 p.m. until 5:15 p.m. EVENING SESSION The Senate reconvened at 5:28 p.m., President Kramer presiding. RESOLUTION RETURNED TO CALENDAR (Senate Resolution 49) Pursuant to Senate Rule 13 and unanimous consent previously received by Senator Iverson on May 3, 2001, Senate Resolution 49 was automatically returned to the Senate Regular Calendar from the committee on State Government at 5:15 p.m., Thursday, May 3, 2001. HOUSE AMENDMENT DEFERRED Senate File 535 Senator Redfern called up for consideration Senate File 535, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, amended by the House in House amendment S-3632, filed May 3, 2001. (Action on Senate File 535 was deferred, House amendment S-3632 pending.) The Senate stood at ease at 5:32 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 7:25 p.m., Senator Angelo presiding. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators McCoy and Shearer, until they return, on request of Senator Gronstal; and Senators McLaren and Miller, until they return, on request of Senator Freeman. BUSINESS PENDING House File 714 The Senate resumed consideration of 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, previously deferred. Senator McKinley 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. 714), the vote was: Ayes, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Soukup Absent or not voting, 4: McCoy McLaren Miller Shearer The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator McKinley asked and received unanimous consent that Senate File 522 be withdrawn from further consideration of the Senate. 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 3, 2001, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was 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. ALSO: That the House has on May 3, 2001, amended and passed the following bills in which the concurrence of the Senate is asked: Senate File 480, a bill for an act directing the department of education to establish a task force to conduct a comprehensive review of the licensing of community college faculty. (S-3640) Senate File 537, a bill for an act relating to and making appropriations from the tobacco settlement endowment fund and the healthy Iowans tobacco trust, establishing certain uses for the appropriations, and providing effective dates. (S-3645) ALSO: That the House has on May 3, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 736, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state sales and use, real estate transfer, environmental protection charge on petroleum diminution, property, motor fuel, special fuel, and inheritance taxes, authorizing tax agreements with Indian tribes, and including effective and applicability date provisions. Read first time and referred to committee on Ways and Means. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 30, by the committee on Rules and Administration, a concurrent resolution urging Iowa's leaders to gather input from Iowans for the purpose of reporting to the General Assembly policy and practice recommendations designed to improve the state's climate for creation of high-paying, high-technology, stable jobs. Read first time and placed on calendar. Senate Resolution 50, by committee on State Government, a resolution advising legislative service bureau of the reasons for the Senate's rejection of Senate File 540. Read first time and placed on calendar. BUSINESS PENDING Senate File 535 The Senate resumed consideration of Senate File 535, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, previously deferred (House amendment S-3632 pending). President Kramer took the chair at 8:01 p.m. Senator Harper offered amendment S-3644, filed by Senators Harper, et al., from the floor to pages 1 and 2 of House amendment S-3632, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3644 to House amendment S-3632 be adopted?" (S.F. 535), the vote was: Ayes, 14: Bolkcom Dearden Dvorsky Fink Gronstal Hammond Harper Horn Maddox McCoy Redfern Rittmer Soukup Tinsman Nays, 35: Angelo Bartz Behn Black Boettger Connolly Deluhery Drake Fiegen Flynn Fraise Freeman Gaskill Greiner Hansen Holveck Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redwine Rehberg Schuerer Sexton Veenstra Zieman Absent or not voting, 1: Shearer Amendment S-3644 lost. Senator Holveck asked and received unanimous consent that action on House amendment S-3632 and Senate File 535 be deferred. 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 May 3, 2001, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was asked: House File 695, a bill for an act relating to the school-to-career program. COMMITTEE REPORT STATE GOVERNMENT Final Bill Action: SENATE RESOLUTION 50, a resolution advising legislative service bureau of the reasons for the Senate's rejection of Senate File 540. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: King, Lamberti, Drake, Jensen, Maddox, McKean, Rittmer, and Sexton. Nays, 6: Kibbie, Bolkcom, Connolly, Dearden, Deluhery, and Fink. Absent or not voting, 1: McLaren. 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 Resolution 50. Senate Resolution 50 On motion of Senator King, Senate Resolution 50, a resolution advising legislative service bureau of the reasons for the Senate's rejection of Senate File 540, was taken up for consideration. Senator Gronstal offered amendment S-3647, filed by Senators Gronstal, et al., from the floor to pages 1 and 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3647 be adopted?" (S.R. 50), 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, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3647 lost. Senator Dvorsky offered amendment S-3648, filed by Senators Dvorsky, et al., from the floor to page 2 of the bill, and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3648 be adopted?" (S.R. 50), 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, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3648 lost. Senator King moved the adoption of Senate Resolution 50. On the question "Shall the resolution be adopted?" (S.R. 50), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Maddox McCoy Shearer Soukup Absent or not voting, none. The motion prevailed and the resolution was adopted. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 714 be immediately messaged to the House. BUSINESS PENDING Senate File 535 The Senate resumed consideration of Senate File 535, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, and House amendment S-3632, previously deferred. Senator Holveck offered amendment S-3650, filed by him from the floor to page 1 of House amendment S-3632. Senator Holveck asked and received unanimous consent to withdraw amendment S-3650. Senator Redfern moved that the Senate concur in the House amendment. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Redfern 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. 535), 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. 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 515 Senator Gronstal called up for consideration Senate File 515, a bill for an act providing for the crossing of railroad rights-of-way by public utilities, and providing applicability dates, amended by the House, and moved that the Senate concur in House amendment S-3633, filed May 3, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Gronstal 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. 515), 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. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 745. House File 745 On motion of Senator Bartz, House File 745, a bill for an act regulating foot and mouth disease and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Bartz offered amendment S-3649, filed by Senators Bartz, et al., from the floor to pages 1 and 2 of the bill, and moved its adoption. Amendment S-3649 was adopted by a voice vote. Senator Sexton offered amendment S-3646, filed by him from the floor to page 1 of the bill, and moved its adoption. A nonrecord roll call was requested. The ayes were 13, nays 31. Amendment S-3646 lost. Senator Sexton asked and received unanimous consent to withdraw amendment S-3642, filed by him from the floor to page 2 of the bill. Senator Sexton asked and received unanimous consent to withdraw amendment S-3643, filed by him from the floor to page 2 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lundby, until she returns, on request of Senator Freeman. BUSINESS PENDING House File 745 The Senate resumed consideration of House File 745. Senator Bartz 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. 745), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Veenstra Zieman Nays, 1: Sexton Absent or not voting, 1: Lundby The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on May 3, 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 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. (S-3651) IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 515 and House File 745 be immediately messaged to the House. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 732 Senator Veenstra called up for consideration 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, amended by the Senate, further amended by the House, and moved that the Senate concur in House amendment S-3651 to Senate amendment H-1855, filed May 3, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment to the Senate amendment. Senator Veenstra 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. 732), 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. 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 480 Senator Redfern called up for consideration Senate File 480, a bill for an act directing the department of education to establish a task force to conduct a comprehensive review of the licensing of community college faculty, amended by the House, and moved that the Senate concur in House amendment S-3640, filed May 3, 2001. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Redfern 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. 480), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen 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, 1: Harper 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. IMMEDIATELY MESSAGED Senator Bartz asked and received unanimous consent that Senate File 480 be immediately messaged to the House. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 48, a resolution recognizing the United States Seagoing Marine Association, and designating August 2001 as United States Seagoing Marines Month. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 1: Rittmer. 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 Resolution 48. Senate Resolution 48 On motion of Senator Drake, Senate Resolution 48, a resolution recognizing the United States Seagoing Marine Association, and designating August 2001 as United States Seagoing Marines Month, with report of committee recommending passage, was taken up for consideration. Senator Drake moved the adoption of Senate Resolution 48, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 22, a concurrent resolution requesting the legislative council to authorize the personal privacy issues study committee to continue deliberations during the 2001 legislative interim. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 1: Rittmer. 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 22. Senate Concurrent Resolution 22 On motion of Senator Lundby, Senate Concurrent Resolution 22, a concurrent resolution requesting the legislative council to authorize the personal privacy issues study committee to continue deliberations during the 2001 legislative interim, with report of committee recommending passage, was taken up for consideration. Senator Lundby moved the adoption of Senate Concurrent Resolution 22, which motion prevailed by a voice vote. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 29, 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. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 1: Rittmer. 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 29. Senate Concurrent Resolution 29 On motion of Senator Jensen, Senate Concurrent Resolution 29, 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, with report of committee recommending passage, was taken up for consideration. Senator Jensen moved the adoption of Senate Concurrent Resolution 29, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolutions 22 and 29 be immediately messaged to the House. 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, passed the following bill in which the concurrence of the Senate is asked: House File 723, a bill for an act exempting irrigation equipment from sales and use taxes, providing limited refunds, and including effective and retroactive applicability date provisions. Read first time and referred to committee on Ways and Means. ALSO: That the House has on May 3, 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 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. (S-3653) LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Soukup, until she returns, on request of Senator Gronstal. HOUSE AMENDMENT TO SENATE AMENDMENT CONSIDERED House File 670 Senator Boettger called up for consideration 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, amended by the Senate in Senate amendment H-1937, and further amended by the House in House amendment S-3653, filed May 3, 2001. The Senate stood at ease at 11:25 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 11:45 p.m., President Kramer presiding. Senator Boettger moved that the Senate concur in the House amendment to the Senate amendment. A nonrecord roll call was requested. The ayes were 25, nays 23. The motion prevailed 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. 670), the vote was: Ayes, 26: Angelo Bartz Behn Boettger Drake Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redwine Rehberg Rittmer Schuerer Sexton Veenstra Zieman Nays, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Freeman Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Redfern Shearer Tinsman Absent or not voting, 2: Lundby Soukup The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 11:59 p.m. until 10:00 a.m. Monday, May 7, 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: May 3, 2001 DEPARTMENT OF PERSONNEL Annual Report for Fiscal Year 2000, pursuant to Iowa Code, section 19A.8. SIMILAR BILL RECEIVED On May 3, 2001, House File 746 was received and attached to similar Senate File 541 on the Senate calendar. REPORTS OF COMMITTEE MEETINGS RULES AND ADMINISTRATION Convened: May 3, 2001, 3:25 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Members Absent: Rittmer (excused). Committee Business: Passed SCRs 22 and 29, SR 48, and the resolution relating to the rejection of the plan for redistricting. Approved SSB 1275. Adjourned: 3:30 p.m. STATE GOVERNMENT Convened: May 3, 2001, 4:50 p.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton. Members Absent: McLaren (excused). Committee Business: Passed SR 50. Adjourned: 5:19 p.m. SUBCOMMITTEE ASSIGNMENTS Senate Resolution 49 STATE GOVERNMENT: King, Chair; Kibbie and Lamberti House File 739 WAYS AND MEANS: Connolly, Chair; McKinley and Redwine COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 30 (SSB 1275), a concurrent resolution urging Iowa's leaders to gather input from Iowans for the purpose of reporting to the General Assembly policy and practice recommendations designed to improve the state's climate for creation of high-paying, high- technology, stable jobs. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, and McKean. Nays, none. Absent or not voting, 1: Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on May 3, 2001, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 344 - Restricting the exemption in the public records law for communications made to government bodies. S.F. 354 - Relating to limitations on filing medical assistance claims against a decedent's estate. S.F. 412 - Relating to the compulsory attendance age and attendance at school during the regular school calendar by a child who has reached the age of sixteen. S.F. 418 - Relating to unemployment compensation by providing that social security pension payments are nondeductible from unemployment benefits and providing for coverage for employment by an Indian tribe. GOVERNOR'S VETO MESSAGE May 3, 2001 The Honorable Mary Kramer President of the Senate State Capitol Building L O C A L Dear President Kramer: I hereby disapprove and transfer Senate File 222, an act relating to the statute of limitations in civil actions arising out of the unsafe or defective condition of an improvement to real property. In 1980, Governor Ray vetoed legislation to establish a statute of repose for building and construction cases, citing a delicate balance between protecting potential victims and business interests. In articulating the rationale for his veto, Governor Ray commented that "it is the potential and actual harm to an innocent victim which I must judge against the arguments of the professional persons who would like to be protected against law suits after a limited period of time." I share Governor Ray's concerns for protecting potential victims and appreciate that our legal system must provide these individuals with a forum to seek legal relief, should they be injured. Whether it is a neighbor who uses his savings for a new roof for the family farmhouse that later crumbles due to defective materials or a child who is injured due to a faulty fire and sprinkler system at his or her school, citizens deserve an avenue through which they may seek relief for their injuries. Unfortunately, I do not believe that all such injuries occur neatly within a 10 year window. I again echo Governor Ray's sentiments from his veto message when he stated, "I must think of those to whom circumstance has not yet brought loss of property, health or even life and who, if that loss occurs, would seek and yet find no avenue of recovery..." Realizing the negative effect this bill may have on many of Iowa's consumers, homeowners, and businesses, I am unable to approve Senate File 222. A statute of repose stipulates the time period during which individuals may bring lawsuits for certain injuries or damages. Iowa law currently provides that an individual has 15 years to file suit for injuries or damages incurred due to unsafe or defective improvements to real property. Senate File 222 would reduce this time period from 15 to 10 years. Our legal system, by its design, places the primary burden of proof on the party seeking relief for an injury or damages. To restrict further the time period during which individuals may pursue legal remedies for their damages would place many consumers and property owners at a heightened disadvantage in their efforts to seek redress. It should also be noted that the 10 year time period afforded individuals in Senate File 222 does not begin once they realize a construction defect or incur an injury. Rather, this time period begins from the date that the potential defendant commits the act or omission that later causes the injury or damages. This means that the clock begins to tick against the injured party even before the injured party may have realized a problem or suffered an injury. While proponents of this bill argue that 10 years should provide ample time to document any problem or design defect, this time period may not be adequate. Construction and building professionals today design structures to last for decades, if not centuries. While some defects may arise in the first years after construction, others may not surface within a 10 year period of time. During consideration of Senate File 222, legislators heard from large numbers of homeowners and businesses stating that a 10 year statute of repose was too restrictive. As business building owners, corporate entities such as Principal Financial Group, Meredith Corporation, and Wells Fargo all expressed concern over reducing the statute of repose in these situations. Supporters of SF 222 have also asserted that the statute of repose should be shortened to 10 years in order to bring Iowa more in line with other states' legislation. While some states do provide shorter time periods, they have also created exceptions to the statute in order to maintain consumer protection. Legislators here considered exceptions to Iowa's statute of repose via amendments to Senate File 222. These exceptions would have removed the time limitation for filing suit where there are allegations of a contractor's intentional disregard of building codes, breach of express warranties, fraud, willful misconduct, or use of defective materials. Unfortunately, the General Assembly chose not to include any exceptions to the statute of repose, thus further limiting the legal rights of consumers who may fall victim to the misdeeds of others. For the above reasons, I hereby respectfully disapprove Senate File 222. Sincerely, THOMAS J. VILSACK Governor MOTIONS TO RECONSIDER FILED MADAM PRESIDENT: I move to reconsider the vote by which Senate File 535 passed the Senate on May 3, 2001. JEFF LAMBERTI MADAM PRESIDENT: I move to reconsider the vote by which House File 670 passed the Senate on May 3, 2001. STEWART IVERSON, JR. MADAM PRESIDENT: I move to reconsider the vote by which House File 732 passed the Senate on May 3, 2001. JEFF LAMBERTI EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on May 1, 2001, when the votes were taken on the following: S-3591 to S-3583 to Senate File 476; House Files 712, 713, and 731; and S-3574, S-3577, S-3578, S-3580, and S-3581 to House File 732. Had I been present, I would have voted "aye." Also, I was necessarily absent from the Senate chamber on May 1, 2001, when the votes were taken on House Files 635 and 732. Had I been present, I would have voted "nay." In addition, I was necessarily absent from the Senate chamber on May 2, 2001, when the votes were taken on the following: House File 349; S-3596 to S-3583 to Senate File 476, S-3597 to S-3583 to Senate File 476, and S-3610 to S-3583 to Senate File 476; and the Motion to Reconsider House File 403. Had I been present, I would have voted "aye." Also, I was necessarily absent from the Senate chamber on May 2, 2001, when the votes were taken on the following: division S-3604B to S-3583 to Senate File 476; S-3583 to Senate File 476; Senate File 476; and House File 670. Had I been present, I would have voted "nay." THOMAS FIEGEN AMENDMENTS FILED S-3622 H.F. 740 Johnie Hammond S-3623 H.F. 719 House S-3624 H.F. 740 Johnie Hammond S-3625 H.F. 740 Johnie Hammond Maggie Tinsman S-3626 H.F. 742 Mike Connolly Robert E. Dvorsky Betty A. Soukup Thomas Fiegen Mark Shearer Patrick J. Deluhery S-3627 H.F. 742 Mark Shearer Robert E. Dvorsky Betty A. Soukup Thomas Fiegen Patrick J. Deluhery S-3628 H.F. 742 Jeff Lamberti S-3629 H.F. 637 Kitty Rehberg S-3630 H.F. 714 Paul McKinley S-3631 S.F. 522 Paul McKinley S-3632 S.F. 535 House S-3633 S.F. 515 House S-3634 S.F. 211 House S-3635 S.F. 541 Jeff Lamberti S-3636 H.F. 740 Jack Holveck S-3637 H.F. 742 John W. Jensen S-3638 H.F. 746 Tom Flynn Jeff Lamberti S-3639 S.F. 542 John Redwine S-3640 S.F. 480 House S-3641 H.F. 746 Wally E. Horn John P. Kibbie Jack Holveck S-3642 H.F. 745 Mike Sexton S-3643 H.F. 745 Mike Sexton S-3644 S.F. 535 Patricia Harper Robert E. Dvorsky Donald B. Redfern Joe Bolkcom Johnie Hammond S-3645 S.F. 537 House S-3646 H.F. 745 Mike Sexton S-3647 S.R. 50 Michael E. Gronstal Robert E. Dvorsky Bill Fink Patricia Harper Patrick J. Deluhery Tom Flynn Mike Connolly Jack Holveck Dick L. Dearden Thomas Fiegen Johnie Hammond John P. Kibbie Eugene S. Fraise Steven D. Hansen Mark Shearer Dennis H. Black Joe Bolkcom Wally E. Horn Betty A. Soukup S-3648 S.R. 50 Robert E. Dvorsky Joe Bolkcom Patrick J. Deluhery Mike Connolly Johnie Hammond Tom Flynn Betty A. Soukup S-3649 H.F. 745 Merlin E. Bartz Thomas Fiegen Ken Veenstra Sandra Greiner S-3650 S.F. 535 Jack Holveck S-3651 H.F. 732 House S-3652 S.F. 542 Johnie Hammond S-3653 H.F. 670 House 1474 JOURNAL OF THE SENATE 116th Day 116th Day THURSDAY, MAY 3, 2001 1475
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