Senate Journal: Monday, May 7, 2001

  ONE-HUNDRED TWENTIETH CALENDAR DAY
  SEVENTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, May 7, 2001

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

  Prayer was offered by Mary Lou Aspengren from Des Moines, clerk
  for Senator Bartz.

  The Journal of Thursday, May 3, 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 4, 2001, passed the following bills in which the
  concurrence of the
  House was asked:

  Senate File 393, a bill for an act relating to a petition to the court
  for a hearing on a criminal defendant's restitution plan.

  Senate File 520, a bill for an act relating to the property tax
  exemption for methane gas and other gas conversion property and
  providing a retroactive applicability date and an effective date.

  Senate File 523, a bill for an act relating to the size of an estate
  that may be distributed by affidavit, making related inheritance tax
  changes, and providing for the Act's applicability.

  ALSO:  That the House has on May 4, 2001, concurred in the Senate amendment
  and passed the following bill in which the concurrence of the House was
  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.

  ALSO:  That the House has on May 4, 2001, passed the following bill in which
  the
  concurrence of the Senate is asked:

  House File 755, 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 attached to similar Senate File 542.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Connolly, until he arrives, on request of Senator Deluhery; Senator
  Dearden, until he arrives, on request of Senator Gronstal; and Senators
  King,
  McLaren, Miller, and Rittmer, until they arrive, on request of Senator
  Bartz.

  HOUSE AMENDMENT TO
  SENATE AMENDMENT CONSIDERED

  House File 719

  Senator Lundby called up for consideration, 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, amended by the Senate, further
  amended by the House, and moved that the Senate concur in House
  amendment S-3623 to Senate amendment H-1810, filed May 3, 2001.
  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment to the Senate amendment.

  Senator Lundby 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. 719), the vote was:

  Ayes, 27:

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

  Nays, 17:

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

  Absent or not voting, 6:

  Connolly	Dearden	King	McLaren
  Miller	Rittmer

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

  HOUSE AMENDMENT CONSIDERED

  Senate File 516

  Senator McKibben called up for consideration 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, amended by the House, and
  moved that the Senate concur in House amendment S-3603, filed
  May 2, 2001.

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

  Senator McKibben moved that the bill, as amended by the House
  and concurred in by the Senate, be read the last time now and placed
  upon its passage, which motion prevailed by a voice vote, and the bill
  was read the last time.

  On the question "Shall the bill pass?" (S.F. 516), the vote was:

  Ayes, 27:

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

  Nays, 16:

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

  Present, 1:

  Flynn

  Absent or not voting, 6:

  Connolly	Dearden	King	McLaren
  Miller	Rittmer

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

  RECESS

  On motion of Senator Boettger, the Senate recessed at 10:30 a.m.
  until the completion of a meeting of the committee on Ways and
  Means.
  RECONVENED

  The Senate reconvened at 11:37 a.m., Senator Bartz presiding.

  RECESS

  On motion of Senator Boettger, the Senate recessed at 11:38 a.m.
  until 1:30 p.m.
  APPENDIX

  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:

  Mrs. Sue Brock, Mormon Trail Community School - For your dedicated service
  to
  the Mormon Trail School District as a teacher and a principal.  Your
  administration
  and friendship will be greatly missed.  Senators Angelo and McKinley
  (05/07/01).

  SIMILAR BILL RECEIVED

  On May 7, 2001, House File 755 was received and attached to
  similar Senate File 542 on the Senate calendar.

  REPORTS OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in enrolling
  Senate File 350, the following corrections were made:

  1.	Page 9, line 1, the words "traffic control" were changed to the words
  "traffic-
  control".

  2.	Page 12, line 29, the words and numbers "Sections 101 and 102" were
  changed to
  the words and numbers "Sections 4 and 22".

  ALSO:  That in enrolling Senate File 407, the following correction was made:

  1.	Page 4, line 29, the word "follow:" was changed to the word "follows:".

  ALSO:  That in enrolling Senate File 525, the following correction was made:

  1.	Page 32, line 35, the words and numbers "ending June 30, 2001:" were
  changed to
  the words and numbers "ending June 30, 2002:".

  MICHAEL E. MARSHALL
  Secretary of the Senate

  BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT:  The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  7th day of
  May, 2001:

  Senate Files 203, 350, 407, 525, and 526.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  May 4, 2001, 12:01 a.m.

  Members Present:  Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member; Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Maddox,
  McCoy,
  Redfern, and Redwine.

  Members Absent:  Lundby (excused).

  Committee Business:  Passed HF 577 (as amended).

  Adjourned:  12:57 a.m.

  WAYS AND MEANS

  Convened:  May 7, 2001, 10:40 a.m.

  Members Present:  McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
  Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck,
  Lamberti,
  Maddox, Redwine, and Rehberg.

  Members Absent:  Miller (excused).

  Committee Business:  Passed HFs 720, 723, 724, 736, and 739.

  Recessed:  11:12 a.m.

  Reconvened:  11:22 a.m.

  Adjourned:  11:32 a.m.

  SUBCOMMITTEE ASSIGNMENTS

  House File 577

  COMMERCE:  Jensen, Chair; Deluhery, Gronstal, Johnson, and Redwine
  House File 723

  WAYS AND MEANS:  Rehberg, Chair; Flynn and McKibben

  House File 736

  WAYS AND MEANS:  Deluhery, Chair; McKibben and Rehberg

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action:  HOUSE FILE 577, a bill for an act relating to electric
  power
  generation and transmission, by addressing the criteria for construction of
  an electric
  generating facility; waivers; approval of power purchase contracts;
  management of
  regulated emissions from facilities fueled by coal; providing for the
  development of a
  state electric energy policy; providing for joint agreements for acquisition
  of ownership
  of a joint facility for electric power generation and transmission, and for
  the planning,
  financing, operation, and maintenance of the joint facility; providing for
  the bonding
  authority of electric power agencies; and making certain other changes and
  requirements related to electric generation and transmission.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3673.

  Final Vote:  Ayes, 8:  Johnson, Schuerer, Freeman, Jensen, King, Maddox,
  Redfern,
  and Redwine.  Nays, 6:  Deluhery, Bolkcom, Flynn, Gronstal, Hansen, and
  McCoy.
  Absent or not voting, 1:  Lundby.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  HOUSE FILE 720, a bill for an act relating to the taking
  of fish
  and game by increasing fees for nonresident hunting, fishing, fur
  harvesting, and
  related licenses, providing for additional licenses and fees, and providing
  effective and
  applicability dates.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.
  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Deluhery,
  Drake, Flynn, Greiner, Lamberti, Maddox, Redwine, and Rehberg.  Nays, 1:
  Holveck.
  Absent or not voting, 1:  Miller.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 724, a bill for an act relating to the
  allocation of
  special fees collected from the sale of Iowa heritage license plates.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  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.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AFTERNOON SESSION

  The Senate reconvened at 1:49 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 41 present, 9 absent, and a quorum present.

  A moment of silence was observed by the Senate in memory of Elly
  Christensen who passed away earlier today and was the wife of
  Senate Doorkeeper Svend Christensen.

  IMMEDIATELY MESSAGED

  Senator Boettger asked and received unanimous consent that
  Senate File 516 be immediately messaged to the House.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Holveck, until he returns, on request of Senator Hammond.

  HOUSE AMENDMENT CONSIDERED

  Senate File 98

  Senator Behn called up for consideration 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, amended by the
  House, and moved that the Senate concur in House amendment
  S-3612, filed May 2, 2001.

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

  Senator Behn 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. 98), the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Dearden	Holveck	King	McLaren
  Miller

  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 2:10 p.m.

  HOUSE AMENDMENT CONSIDERED

  Senate File 537

  Senator Kramer called up for consideration 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, amended by the House in House amendment S-3645,
  filed May 3, 2001.

  Senator Lundby offered amendment S-3655, filed by Senators
  Lundby, Kramer, and Lamberti from the floor to page 1 of House
  amendment S-3645, and moved its adoption.
  Amendment S-3655 was adopted by a voice vote.

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

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

  Senator Kramer moved that the bill, as amended by the House,
  further amended and concurred in by the Senate, be read the last
  time now and placed upon its passage, which motion prevailed by a
  voice vote, and the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 537), the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Dearden	Harper	Holveck	King
  Miller

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

  CONSIDERATION OF BILLS
  (Ways and Means Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for consideration House Files 720 and 724.
  House File 720

  On motion of Senator Drake, House File 720, a bill for an act
  relating to the taking of fish and game by increasing fees for
  nonresident hunting, fishing, fur harvesting, and related licenses,
  providing for additional licenses and fees, and providing effective and
  applicability dates, with report of committee recommending passage,
  was taken up for consideration.

  President Kramer took the chair at 2:40 p.m.

  Senator Black asked and received unanimous consent that action
  on House File 720 be deferred.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

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

  House File 724

  On motion of Senator Flynn, House File 724, a bill for an act
  relating to the allocation of special fees collected from the sale of Iowa
  heritage license plates, with report of committee recommending
  passage, was taken up for consideration.

  President Pro Tempore McKean took the chair at 3:00 p.m.

  Senator Flynn 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. 724), the vote was:

  Ayes, 46:

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

  Nays, none.

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  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
  Senate Files 98 and 537 and House File 724 be immediately
  messaged to the House.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Drake, Iverson, and Kramer, until they return, on request of
  Senator
  Jensen.

  CONSIDERATION OF BILLS
  (Ways and Means Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for consideration House Files 739, 723, and 736.

  House File 739

  On motion of Senator Connolly, 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, with report of committee recommending passage, was
  taken up for consideration.
  Senator Connolly moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 739), the vote was:

  Ayes, 42:

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

  Nays, none.

  Absent or not voting, 8:

  Dearden	Drake	Gaskill	Iverson
  King	Kramer	McLaren	Miller

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

  House File 723

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

  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. 723), the vote was:
  Ayes, 27:

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

  Nays, 18:

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

  Absent or not voting, 5:

  Dearden	King	Lundby	McLaren
  Miller

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

  House File 736

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

  Senator Deluhery 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. 736), the vote was:

  Ayes, 44:

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

  Nays, none.

  Absent or not voting, 6:

  Dearden	Iverson	King	Kramer
  McLaren	Miller

  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 Files 723 and 736 be immediately messaged to the House.

  UNFINISHED BUSINESS
  (Deferred April 23, 2001)

  House File 687

  The Senate resumed consideration of House File 687, a bill for an
  act relating to government accountability, by providing for strategic
  planning, performance measurement and reporting, performance
  audits, performance contracting, return on investment, and oversight,
  and providing for its implementation, and amendment S-3384,
  deferred April 23, 2001.

  Senator Lamberti asked and received unanimous consent to
  withdraw amendment S-3384.

  Senator Lamberti asked and received unanimous consent to
  withdraw amendment S-3392, filed by him on April 18, 2001, to page
  10 of the bill.
  With the withdrawal of amendment S-3384, the Chair ruled the
  following amendments out of order:

  S-3495, filed by Senator Deluhery on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3496, filed by Senator Bolkcom on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3497, filed by Senator Bolkcom on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3498, filed by Senator Dvorsky on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3499, filed by Senator Dvorsky on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3500, filed by Senator Dvorsky on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3501, filed by Senator Dvorsky on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3502, filed by Senator Fink on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3503, filed by Senator Connolly on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3504, filed by Senator McCoy on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3505, filed by Senator McCoy on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3506, filed by Senator Gronstal on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3507, filed by Senator Black on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3508, filed by Senator Hammond on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3509, filed by Senator Black on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3510, filed by Senator Harper on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3511, filed by Senator Hansen on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3512, filed by Senator Connolly on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3513, filed by Senator Connolly on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3514, filed by Senator McCoy on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3515, filed by Senator Gronstal on April 25, 2001, to page 1 of
  amendment S-3384;
  S-3516, filed by Senator Gronstal on April 25, 2001, to page 1 of
  amendment S-3384; and
  S-3517, filed by Senator Fink on April 25, 2001, to page 1 of
  amendment S-3384.

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

  On the question "Shall the bill pass?" (H.F. 687), the vote was:

  Ayes, 45:

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

  Nays, none.

  Absent or not voting, 5:

  Dearden	King	Kramer	McLaren
  Miller

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 687 be immediately messaged to the House.
  The Senate stood at ease at 3:34 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:00 p.m., President Kramer
  presiding.

  QUORUM CALL

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

  The vote revealed 44 present, 6 absent, and a quorum present.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 542.

  Senate File 542

  On motion of Senator Lamberti, Senate File 542, a bill for an act
  relating to public expenditure and regulatory matters, making and
  reducing appropriations, and including effective date and retroactive
  applicability provisions, was taken up for consideration.

  Senator Lamberti offered amendment S-3654, filed by him from
  the floor striking everything after the enacting clause of the bill, and
  moved its adoption.

  Amendment S-3654 was adopted by a voice vote.

  With the adoption of amendment S-3654, the Chair ruled the
  following amendments out of order:

  S-3639, filed by Senator Redwine on May 3, 2001, to page 9 of the
  bill; and
  S-3652, filed by Senator Hammond on May 3, 2001, to page 9 of
  the bill.
  Senator Lamberti asked and received unanimous consent that
  House File 755 be substituted for Senate File 542.

  House File 755

  On motion of Senator Lamberti, House File 755, a bill for an act
  relating to public expenditure and regulatory matters, making and
  reducing appropriations, and including effective date and retroactive
  applicability provisions, was taken up for consideration.

  Senator Lamberti asked and received unanimous consent that
  action on House File 755 be deferred.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 5:18 p.m.
  until 6:00 p.m.

  EVENING SESSION

  The Senate reconvened at 6:07 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 36 present, 14 absent, and a quorum present.

  BUSINESS PENDING

  House File 755

  The Senate resumed consideration of House File 755, a bill for an
  act relating to public expenditure and regulatory matters, making
  and reducing appropriations, and including effective date and
  retroactive applicability provisions, previously deferred.

  Senator Connolly offered amendment S-3665, filed by Senators
  Connolly, 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-3665 be adopted?"
  (H.F. 755), the vote was:

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

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3665 lost.

  Senator McCoy offered amendment S-3667, filed by Senators
  McCoy, 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-3667 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 20:

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

  Nays, 26:

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

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3667 lost.

  Senator Shearer offered amendment S-3670, filed by Senators
  Shearer, et al., from the floor to page 3 of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3670 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 19:

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

  Nays, 27:

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

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller
  Amendment S-3670 lost.

  Senator Harper offered amendment S-3668, filed by Senators
  Harper, et al., from the floor to page 3, of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3668 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 19:

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

  Nays, 27:

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

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3668 lost.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Behn, until he returns, on request of Senator McKibben.

  BUSINESS PENDING

  House File 755

  The Senate resumed consideration of House File 755.
  Senator Flynn offered amendment S-3663, filed by Senators
  Flynn, et al., from the floor to page 3 of the bill, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3663 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 19:

  Black	Bolkcom	Connolly	Deluhery
  Dvorsky	Fiegen	Fink	Flynn
  Fraise	Gronstal	Hansen	Holveck
  Horn	Kibbie	McCoy	Rehberg
  Shearer	Soukup	Zieman

  Nays, 26:

  Angelo	Bartz	Boettger	Drake
  Freeman	Gaskill	Greiner	Hammond
  Harper	Iverson	Jensen	Johnson
  Kramer	Lamberti	Lundby	Maddox
  McKean	McKibben	McKinley	Redfern
  Redwine	Rittmer	Schuerer	Sexton
  Tinsman	Veenstra

  Absent or not voting, 5:

  Behn	Dearden	King	McLaren
  Miller

  Amendment S-3663 lost.

  Senator Fink offered amendment S-3666, filed by Senators Fink,
  et al., from the floor to pages 3 and 4 of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3666 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3666 lost.

  Senator Bolkcom offered amendment S-3669, filed by Senators
  Bolkcom, et al., from the floor to page 4 of the bill, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3669 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 20:

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

  Nays, 26:

  Angelo	Bartz	Behn	Boettger
  Drake	Freeman	Greiner	Iverson
  Jensen	Johnson	Kramer	Lamberti
  Lundby	Maddox	McKean	McKibben
  McKinley	Redfern	Redwine	Rehberg
  Rittmer	Schuerer	Sexton	Tinsman
  Veenstra	Zieman
  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3669 lost.

  President Pro Tempore McKean took the chair at 7:56 p.m.

  Senator Lamberti offered amendment S-3681, filed by him from
  the floor to pages 6, 7, and 9 of the bill, and moved its adoption.

  Amendment S-3681 was adopted by a voice vote.

  Senator Lamberti offered amendment S-3679, filed by him from
  the floor to page 9 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3679 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3679 was adopted.

  Senator Hansen offered amendment S-3683, filed by him from the
  floor to page 9 of the bill, and moved its adoption.
  Amendment S-3683 lost by a voice vote.

  Senator Redwine offered amendment S-3657, filed by him from
  the floor to page 9 of the bill, and moved its adoption.

  Amendment S-3657 was adopted by a voice vote.

  Senator Hansen offered amendment S-3664, filed by him from the
  floor to page 9 of the bill.

  Senator Hansen asked and received unanimous consent to
  withdraw amendment S-3664.

  Senator Flynn offered amendment S-3682, filed by Senators
  Flynn, et al., from the floor to pages 13 and 16 of the bill, and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3682 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 40:

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

  Nays, 7:

  Bolkcom	Connolly	Dvorsky	Fink
  Hammond	Harper	Holveck

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3682 was adopted.
  President Kramer took the chair at 8:40 p.m.

  Senator Hansen offered amendment S-3684, filed by him from the
  floor to page 13 of the bill.

  Senator Hansen withdrew amendment S-3684.

  Senator Johnson offered amendment S-3674, filed by her from the
  floor to page 15 of the bill, and moved its adoption.

  Amendment S-3674 was adopted by a voice vote.

  Senator Hammond offered amendment S-3656, filed by her from
  the floor to pages 15 and 16 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3656 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 5:

  Bolkcom	Dvorsky	Hammond	Harper
  Holveck

  Nays, 42:

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

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3656 lost.
  Senator Lamberti offered amendment S-3680, filed by him from
  the floor to page 16 of the bill, and moved its adoption.

  Amendment S-3680 was adopted by a voice vote.

  Senator Holveck offered amendment S-3671, filed by Senators
  Holveck, et al., from the floor to page 28 of the bill, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3671 be adopted?"
  (H.F. 755), the vote was:

  Ayes, 19:

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

  Nays, 28:

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

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3671 lost.

  Senator Deluhery offered amendment S-3672, filed by Senators
  Deluhery, et al., from the floor to page 28 of the bill.

  Senator Lamberti raised the point of order that amendment
  S-3672 was not germane to the bill.
  The Chair ruled the point well-taken and amendment S-3672 out
  of order.

  Senator Bartz offered amendment S-3690, filed by him from the
  floor to pages 4 and 5 of the bill, and moved its adoption.

  Amendment S-3690 lost by a voice vote.

  Senator Lamberti 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. 755), the vote was:

  Ayes, 28:

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

  Nays, 19:

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

  Absent or not voting, 3:

  Dearden	King	Miller

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

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 755 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 7, 2001, concurred in the Senate amendment and passed the
  following bill in which the concurrence of the House was asked:

  House File 579, a bill for an act relating to the administration
  and management of the department of personnel.

  ALSO:  That the House has on May 7, 2001, passed the following bill in which
  the
  concurrence of the Senate is asked:

  House File 413, a bill for an act making an appropriation and
  establishing a teacher compensation reform and student achievement
  savings account fund.

  Read first time and referred to committee on Appropriations.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:36 p.m.
  until the completion of a meeting of the committee on Rules and
  Administration.

  RECONVENED

  The Senate reconvened at 9:39 p.m., President Kramer presiding.

  WITHDRAWN

  Senator  Lamberti asked and received unanimous consent that
  Senate File 542 be withdrawn from further consideration of the
  Senate.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 727.
  House File 727

  On motion of Senator Greiner, House File 727, a bill for an act
  relating to county mental health, mental retardation, and
  developmental disabilities services provisions involving capital
  expenditures and the funding pools in the property tax relief fund for
  such services expenditures and providing effective and retroactive
  applicability dates, with report of committee recommending passage,
  was taken up for consideration.

  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. 727), the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Dearden	King	Miller

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

  CONFIRMATION OF GOVERNOR'S APPOINTMENT
  (Individual Confirmation Calendar)

  Senator Iverson called up the appointment of Richard J. Varn, as
  Director of the Information Technology Department, placed on the
  Individual Confirmation Calendar on March 22, 2001, and deferred
  by Senate Resolution 37 on April 12, 2001.
  Senator Iverson moved that the foregoing appointment be
  confirmed by the Senate.

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

  Ayes, 39:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Deluhery
  Drake	Dvorsky	Fiegen	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Jensen	Johnson
  Kibbie	Kramer	Lamberti	Lundby
  Maddox	McCoy	McLaren	Redfern
  Redwine	Rehberg	Rittmer	Shearer
  Soukup	Tinsman	Veenstra

  Nays, 8:

  Greiner	Iverson	McKean	McKibben
  McKinley	Schuerer	Sexton	Zieman

  Absent or not voting, 3:

  Dearden	King	Miller

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

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 541.

  Senate File 541

  On motion of Senator Lamberti, Senate File 541, a bill for an act
  relating to the compensation and benefits for public officials and
  employees, providing for related matters, and making appropriations,
  was taken up for consideration.

  Senator Lamberti offered amendment S-3635, filed by him on
  May 3, 2001, to pages 3-5, 12, and 13 of the bill, and moved its
  adoption.
  Amendment S-3635 was adopted by a voice vote.

  Senator Lamberti asked and received unanimous consent that
  House File 746 be substituted for Senate File 541.

  House File 746

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

  Senator Flynn offered amendment S-3658, filed by him from the
  floor striking everything after the enacting clause of the bill, and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3658 be adopted?"
  (H.F. 746), the vote was:

  Ayes, 20:

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

  Nays, 26:

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

  Present, 1:

  Fiegen

  Absent or not voting, 3:

  Dearden	King	Miller
  Amendment S-3658 lost.

  Senator Lamberti asked and received unanimous consent to
  withdraw amendment S-3688, filed by him from the floor to pages
  6-10 of the bill.

  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-3675, filed by Senators Dvorsky, et al., from
  the floor to page 6, 8, and 10 of the bill.

  Senator Horn offered amendment S-3641, filed by Senators Horn,
  Kibbie, and Holveck on May 3, 2001, to page 11 of the bill, and moved
  its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3641 be adopted?"
  (H.F. 746), the vote was:

  Ayes, 20:

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

  Nays, 27:

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

  Absent or not voting, 3:

  Dearden	King	Miller

  Amendment S-3641 lost.

  Senator Flynn asked and received unanimous consent to withdraw
  amendment S-3638, filed by Senators Flynn and Lamberti on May 3,
  2001, to page 12 of the bill.
  Senator Lamberti offered amendment S-3660, filed by him from
  the floor to pages 12 and 13 of the bill, and moved its adoption.

  Amendment S-3660 was adopted by a voice vote.

  With the adoption of amendment S-3660, the Chair ruled
  amendment S-3661, filed by Senators Flynn and Lamberti from the
  floor to page 12 of the bill, out of order.

  Senator Lamberti offered amendment S-3692, filed by him from
  the floor to pages 6-10 of the bill, and moved its adoption.

  Amendment S-3692 was adopted by a voice vote.

  Senator  Lamberti 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. 746), the vote was:

  Ayes, 26:

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

  Nays, 19:

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

  Present, 1:

  Fiegen

  Absent or not voting, 4:

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

  WITHDRAWN

  Senator Lamberti asked and received unanimous consent that
  Senate File 541 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 727 and 746 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 10:27 p.m.
  until 9:00 a.m. Tuesday, May 8, 2001.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  RULES AND ADMINISTRATION

  Convened:  May 7, 2001, 9:38 p.m.

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

  Members Absent:  Johnson (excused).

  Committee Business:  Passed SRs 43 and 44.

  Adjourned:  9:40 p.m.

  COMMITTEE REPORTS

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 43, a resolution urging the Iowa
  Department of Education's program, Regional Autism Services program, to
  continue
  compiling and maintaining yearly records regarding individuals with autism
  and
  related disorders.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink,
  Gaskill,
  Harper, McKean, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Johnson.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 44, a resolution recognizing Don
  "Skip"
  Meisner upon his retirement.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink,
  Gaskill,
  Harper, McKean, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Johnson.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  MOTIONS TO RECONSIDER FILED

  MADAM PRESIDENT:  I move to reconsider the vote by which House File 719
  passed the Senate on May 7, 2001.

  JEFF LAMBERTI
  MADAM PRESIDENT:  I move to reconsider the vote by which House File 739
  passed the Senate on May 7, 2001.

  MIKE CONNOLLY

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on May 7, 2001,
  the Governor approved and transmitted to the Secretary of State the
  following resolution and bills:

  S.J.R. 3 - Authorizing the sixth judicial district department of
  correctional services
  to extend a lease-purchase agreement and providing an effective date.

  S.F. 392 - Relating to appeals filed in juvenile court proceedings.

  S.F. 473 - Concerning regulated industries under the jurisdiction of the
  commissioner of insurance relating to various issues relating to insurance,
  relating to
  the regulation of securities, by defining the terms "agent" and "security",
  providing
  registration requirements, providing for disciplinary actions, imposing fees
  and civil
  penalties, providing for testimony and the production of evidence,
  authorizing
  cooperation with law enforcement entities, providing criminal penalties, and
  eliminating reporting requirements, and relating to cemetery and funeral
  merchandise
  and funeral services, establishing permit and purchase agreement
  requirements,
  establishing and appropriating fees, and providing administration,
  enforcement, and
  liquidation procedures, and penalties.

  S.F. 519 - Relating to the assessment for property tax purposes of certain
  affordable housing for low-income individuals and families.

  GOVERNOR'S VETO MESSAGE

  May 7, 2001

  The Honorable Mary Kramer
  President of the Senate
  State Capitol Building
  L O C A L

  Dear President Kramer:

  I hereby transmit Senate File 410, an Act relating to the application of
  certain air
  quality requirements to indoor emission units or air contaminant sources.

  I am unable to approve Senate File 410.  The original intent of this bill
  was to
  clarify Iowa Code Section 455B.135 by specifying the Iowa Department of
  Natural
  Resources does not have the authority to require air quality permits for
  equipment that
  is not vented outside a building.  The purpose of this proposed action was
  to avoid
  undue burden on businesses and industries.  I support this concept and
  worked to
  develop a bill that met that intent.

  Unfortunately, Senate File 410 as passed by the Iowa General Assembly
  contains
  language that is ambiguous, causing confusion in the interpretation of the
  bill even
  among members of the House and Senate.  The definitions of "general
  ventilation" and
  "directly vented" are unclear and subject to misinterpretation.  The result
  of this bill, if
  it were enacted, would be inconsistent regulation of air emissions even from
  the exact
  same sources and less certainty about permitting requirements.  In addition,
  it is not
  possible to write rules that could be implemented without clarification of
  the definition
  of those terms.

  The Department of Natural Resources is involved in discussions with business
  and
  industry to develop rules based on current law that provide the business
  community
  the information it needs to achieve compliance, increase predictability in
  regulation
  requirements, and reduce the overall burden.  Supporters of this bill from
  business and
  industry have suggested this goal may be achievable by means other than this
  bill.  I
  expect these discussions will continue to build consensus on rules thereby
  avoiding the
  need for additional legislation.  Otherwise, I am willing to work on
  legislation next year
  that specifies the requirements for air quality permits and reduces the
  uncertainty and
  additional costs incurred by Iowa's businesses and industries.

  For the above reasons, I hereby respectfully disapprove Senate File 410.

  Sincerely,
  THOMAS J. VILSACK
  Governor

  AMENDMENTS FILED

  S-3654	S.F.	542	Jeff Lamberti
  S-3655	S.F.	537	Mary A. Lundby
  Mary E. Kramer
  Jeff Lamberti
  S-3656	H.F.	755	Johnie Hammond
  S-3657	H.F.	755	John Redwine
  S-3658	H.F.	746	Tom Flynn
  S-3659	H.F.	742	Jeff Lamberti
  S-3660	H.F.	746	Jeff Lamberti
  S-3661	H.F.	746	Tom Flynn
  Jeff Lamberti
  S-3662	H.F.	742	Jeff Lamberti
  S-3663	H.F.	755	Tom Flynn
  Patrick J. Deluhery
  Mike Connolly
  Thomas Fiegen
  Mark Shearer
  Steven D. Hansen
  Michael E. Gronstal
  Dennis H. Black
  Robert E. Dvorsky
  Matt McCoy
  Bill Fink
  John P. Kibbie
  Joe Bolkcom
  Betty A. Soukup
  Wally E. Horn
  Eugene S. Fraise
  S-3664	H.F.	755	Steven D. Hansen
  S-3665	H.F.	755	Mike Connolly
  Thomas Fiegen
  Mark Shearer
  Jack Holveck
  Michael E. Gronstal
  Steven D. Hansen
  Robert E. Dvorsky
  Matt McCoy
  Patricia Harper
  John P. Kibbie
  Johnie Hammond
  Wally E. Horn
  Eugene S. Fraise
  S-3666	H.F.	755	Bill Fink
  Joe Bolkcom
  Patrick J. Deluhery
  Mike Connolly
  Tom Flynn
  Thomas Fiegen
  Mark Shearer
  Jack Holveck
  Dennis H. Black
  John P. Kibbie
  Betty A. Soukup
  Michael E. Gronstal
  Robert E. Dvorsky
  Matt McCoy
  Patricia Harper
  Johnie Hammond
  Wally E. Horn
  Eugene S. Fraise
  S-3667	H.F.	755	Matt McCoy
  Jack Holveck
  Patricia Harper
  Johnie Hammond
  Bill Fink
  Joe Bolkcom
  Mike Connolly
  Patrick J. Deluhery
  Tom Flynn
  Thomas Fiegen
  Mark Shearer
  John P. Kibbie
  Dennis H. Black
  Betty A. Soukup
  Michael E. Gronstal
  Robert E. Dvorsky
  Eugene S. Fraise
  Wally E. Horn
  Steven D. Hansen
  S-3668	H.F.	755	Patricia Harper
  Johnie Hammond
  Matt McCoy
  Jack Holveck
  Mark Shearer
  Thomas Fiegen
  Patrick J. Deluhery
  Mike Connolly
  Joe Bolkcom
  Bill Fink
  John P. Kibbie
  Betty A. Soukup
  Wally E. Horn
  Eugene S. Fraise
  S-3669	H.F.	755	Joe Bolkcom
  Mike Connolly
  Patrick J. Deluhery
  Thomas Fiegen
  Mark Shearer
  Jack Holveck
  Betty A. Soukup
  Robert E. Dvorsky
  Matt McCoy
  Patricia Harper
  Michael E. Gronstal
  Steven D. Hansen
  John P. Kibbie
  Johnie Hammond
  Wally E. Horn
  Eugene S. Fraise
  S-3670	H.F.	755	Mark Shearer
  Jack Holveck
  Patricia Harper
  Bill Fink
  Joe Bolkcom
  Mike Connolly
  Patrick J. Deluhery
  John P. Kibbie
  Thomas Fiegen
  Johnie Hammond
  Betty A. Soukup
  Michael E. Gronstal
  Wally E. Horn
  Eugene S. Fraise
  S-3671	H.F.	755	Jack Holveck
  John P. Kibbie
  Patricia Harper
  Johnie Hammond
  Mark Shearer
  Bill Fink
  Betty A. Soukup
  Michael E. Gronstal
  Wally E. Horn
  Eugene S. Fraise
  S-3672	H.F.	755	Patrick J. Deluhery
  John P. Kibbie
  Mike Connolly
  Joe Bolkcom
  Bill Fink
  Johnie Hammond
  Patricia Harper
  Matt McCoy
  Robert E. Dvorsky
  Michael E. Gronstal
  Betty A. Soukup
  Dennis H. Black
  Jack Holveck
  Mark Shearer
  Thomas Fiegen
  Steven D. Hansen
  Wally E. Horn
  Eugene S. Fraise
  S-3673	H.F.	577	Commerce
  S-3674	H.F.	755	JoAnn Johnson
  S-3675	H.F.	746	Robert E. Dvorsky
  Joe Bolkcom
  Johnie Hammond
  Patricia Harper
  S-3676	H.F.	742	Michael E. Gronstal
  S-3677	H.F.	742	John W. Jensen
  S-3678	H.F.	742	Jeff Lamberti
  S-3679	H.F.	755	Jeff Lamberti
  S-3680	H.F.	755	Jeff Lamberti
  S-3681	H.F.	755	Jeff Lamberti
  S-3682	H.F.	755	Tom Flynn
  Kitty Rehberg
  Jerry Behn
  Ken Veenstra
  Jeff Lamberti
  S-3683	H.F.	755	Steven D. Hansen
  S-3684	H.F.	755	Steven D. Hansen
  S-3685	H.F.	577	JoAnn Johnson
  S-3686	H.F.	577	Michael E. Gronstal
  Steven D. Hansen
  Betty A. Soukup
  John P. Kibbie
  Jack Holveck
  Johnie Hammond
  Patricia Harper
  Bill Fink
  Joe Bolkcom
  Mike Connolly
  Matt McCoy
  Patrick J. Deluhery
  Tom Flynn
  Eugene S. Fraise
  Wally E. Horn
  S-3687	H.F.	577	Mary Lou Freeman
  Mary A. Lundby
  Joe Bolkcom
  Jack Holveck
  Andy McKean
  Bill Fink
  Michael E. Gronstal
  John P. Kibbie
  Derryl McLaren
  E. Thurman Gaskill
  Betty A. Soukup
  S-3688	H.F.	746	Jeff Lamberti
  S-3689	H.F.	577	JoAnn Johnson
  S-3690	H.F.	755	Merlin E. Bartz
  S-3691	H.F.	577	JoAnn Johnson
  S-3692	H.F.	746	Jeff Lamberti
  S-3693	H.F.	742	Bill Fink
  1522	JOURNAL OF THE SENATE	120th Day
  120th Day	MONDAY, MAY 7, 2001	1521

© 2001 Cornell College and League of Women Voters of Iowa

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