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Senate Journal: Tuesday, May 8, 2001

  ONE-HUNDRED TWENTY-FIRST CALENDAR DAY
  SEVENTY-SECOND SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, May 8, 2001

  The Senate met in regular session at 9:07 a.m., President Kramer
  presiding.

  Prayer was offered by the Honorable Nancy J. Boettger, member of
  the Senate from Shelby County, Harlan, Iowa.

  The Journal of Monday, May 7, 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 April 30, 2001, passed the following bill in which the
  concurrence of the
  Senate is asked:

  House File 737, a bill for an act providing an Iowa individual
  income tax checkoff for deposit in the keep Iowa beautiful fund,
  making an appropriation, and providing a retroactive applicability
  date.

  Read first time and attached to companion Senate File 538.

  ALSO:  That the House has on May 7, 2001, passed the following bills in
  which the
  concurrence of the House was asked:

  Senate File 198, a bill for an act relating to family investment
  program requirements regarding the time period allowed for
  supported postsecondary education assistance and including an
  applicability provision.
  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.

  ALSO:  That the House has on May 7, 2001, concurred in the Senate amendment
  and passed the following bills in which the concurrence of the House was
  asked:

  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.

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

  ALSO:  That the House has on May 7, 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 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.

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

  Senate File 476, a bill for an act relating to the establishment of a
  student achievement and teacher quality program. (S-3694)

  ALSO:  That the House has on May 8, 2001, concurred in the Senate amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  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.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator McLaren, for the remainder of the session, on request of Senator
  Jensen;
  Senator Dearden, for the remainder of the session, on request of Senator
  Gronstal; and
  Senators King and Miller, for the remainder of the session, on request of
  Senator
  Bartz.

  HOUSE AMENDMENT CONSIDERED

  Senate File 211

  Senator Greiner called up for consideration Senate File 211, a bill
  for an act relating to the powers and duties of the department of
  agriculture and land stewardship, amended by the House, and moved
  that the Senate concur in House amendment S-3634, filed May 3,
  2001.

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

  Senator Greiner 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. 211), 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	Kramer
  Lamberti	Lundby	McCoy	McKean
  McKibben	McKinley	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Tinsman	Veenstra
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Dearden	King	Maddox	McLaren
  Miller

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

  UNFINISHED BUSINESS
  (Deferred May 7, 2001)

  House File 720

  The Senate resumed consideration of 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, deferred May 7, 2001.

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

  The Senate stood at ease at 9:27 a.m. until the fall of the gavel.

  The Senate resumed session at 9:47 a.m., President Kramer
  presiding.

  MOTION TO RECONSIDER WITHDRAWN

  House File 739

  Senator Connolly withdrew the motion to reconsider 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, filed by him on May 7, 2001,
  and found on page 1560 of the Senate Journal.
  IMMEDIATELY MESSAGED

  Senator Boettger asked and received unanimous consent that
  House File 739 be immediately messaged to the House.

  BUSINESS PENDING

  House File 720

  The Senate resumed consideration of 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, previously deferred.

  Senator Black offered amendment S-3695, filed by him from the
  floor striking everything after the enacting clause and to the title
  page of the bill.

  Senator Black asked and received unanimous consent that action
  on amendment S-3695 and House File 720 be deferred.

  SPECIAL GUESTS

  Senator Boettger welcomed to the Senate Chamber Major General
  Gennady Ivanovich Bakharev, Head of the Ministry of Emergency
  Management for the Rostov Region, Russia.  The General hosted a
  group of National Guard members and Emergency Management staff
  from Iowa last September.  He was accompanied by several members
  of his staff and by the Director of the Emergency Management
  Agency for Stavropol, the sister state to Iowa.  They are visiting to
  learn about Iowa's ability to respond to emergencies and disasters.

  Major General Bakharev addressed the Senate with brief remarks.
  He presented President Kramer a vase made by Rostov artists,
  portraying a scene from the Rostov Region.

  The Senate rose and expressed its welcome.
  BUSINESS PENDING

  House File 720

  The Senate resumed consideration of 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, and amendment S-3695, previously deferred.

  Senator Black moved the adoption of amendment S-3695.

  A record roll call was requested.

  On the question "Shall amendment S-3695 be adopted?"
  (H.F. 720), the vote was:

  Ayes, 15:

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

  Nays, 31:

  Angelo	Bartz	Behn	Boettger
  Connolly	Deluhery	Drake	Flynn
  Freeman	Gaskill	Greiner	Hansen
  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-3695 lost.

  Senator Black offered amendment S-3696, filed by him 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-3696 be adopted?"
  (H.F. 720), the vote was:

  Ayes, 17:

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

  Nays, 28:

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

  Absent or not voting, 5:

  Dearden	King	Lundby	McLaren
  Miller

  Amendment S-3696 lost.

  Senator Black offered amendment S-3697, filed by him from the
  floor to page 4 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3697 be adopted?"
  (H.F. 720), the vote was:

  Ayes, 18:

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

  Nays, 28:

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

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3697 lost.

  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. 720), the vote was:

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

  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, 20:

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

  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 Iverson asked and received unanimous consent that
  Senate File 211 and House File 720 be immediately messaged to
  the House.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 742.

  House File 742

  On motion of Senator Jensen, House File 742, a bill for an act
  relating to and making appropriations from the rebuild Iowa
  infrastructure fund to state departments and agencies, including the
  department of corrections, the department of cultural affairs, the
  department of economic development, the department of general
  services, the Iowa state fair foundation, the legislative council, the
  department of natural resources, the department of public defense,
  the department of public safety, the state board of regents, the state
  department of transportation, and the office of treasurer of state, and
  making appropriations from the environment first fund for
  environmental purposes to the department of agriculture and land
  stewardship, the department of economic development, the
  department of natural resources, the state department of
  transportation, and the Iowa resources enhancement and protection
  fund, making related statutory changes, and providing effective
  dates, with report of committee recommending passage, was taken up
  for consideration.

  (Action on House File 742 was deferred.)

  The Senate stood at ease at 11:08 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:52 a.m., President Kramer
  presiding.
  QUORUM CALL

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

  The vote revealed 39 present, 11 absent, and a quorum present.

  HOUSE MESSAGES RECEIVED

  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 8, 2001, concurred in the Senate amendment and passed the
  following bills in which the concurrence of the House was asked:

  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.

  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.

  BUSINESS PENDING

  House File 742

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

  Senator Lamberti offered amendment S-3613, filed by him on
  May 2, 2001, to pages 1, 3-10, 15, 17, and to the title page of the bill.

  Senator Dvorsky offered amendment S-3621, filed by Senator
  Dvorsky, et al., on May 2, 2001, to pages 1, 4, and 11 of  amendment
  S-3613, and moved its adoption.

  Amendment S-3621 lost by a voice vote.

  Senator Fink offered amendment S-3693, filed by him on May 7,
  2001, to pages 1 and 6 of amendment S-3613, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3693 to amendment S-3613
  be adopted?" (H.F. 742), the vote was:

  Ayes, 20:

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

  Nays, 26:

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

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3693 lost.
  Senator Lamberti offered amendment S-3628, filed by him on
  May 3, 2001, to page 2 of amendment S-3613, and moved its
  adoption.

  Amendment S-3628 was adopted by a voice vote.

  Senator Dvorsky offered amendment S-3617, filed by him on
  May 2, 2001, to page 2 of amendment S-3613, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3617 to amendment S-3613
  be adopted?" (H.F. 742), 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-3617 lost.

  Senator Jensen asked and received unanimous consent to
  withdraw amendment S-3637, filed by him on May 3, 2001, to page 3
  of amendment S-3613.

  Senator Jensen offered amendment S-3677, filed by him on May 7,
  2001, to page 3 of amendment S-3613, and moved its adoption.

  Amendment S-3677 was adopted by a voice vote.
  Senator Lamberti offered amendment S-3699, filed by him from
  the floor to pages 3, 7, and 8 of amendment S-3613.

  Senator Fraise called for the following division of amendment S-3699:

  Division S-3699A: Page 1, lines 4-33; and
  Division S-3699B: Page 1, lines 34-50; and page 2, lines 1-17.

  Senator Lamberti asked and received unanimous consent that
  action on divisions S-3699A and S-3699B be deferred.

  Senator Black offered amendment S-3702, filed by Senators Black,
  Kibbie, and Flynn from the floor to page 4 of amendment S-3613, and
  moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3702 to amendment S-3613
  be adopted?" (H.F. 742), the vote was:

  Ayes, 20:

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

  Nays, 26:

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

  Absent or not voting, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3702 lost.
  Senator Gronstal offered amendment S-3676, filed by him on
  May 7, 2001, to page 7 of amendment S-3613, and moved its
  adoption.

  Amendment S-3676 was adopted by a voice vote.

  Senator Lamberti offered amendment S-3700, filed by him from
  the floor to page 7 of amendment S-3613, and moved its adoption.

  Amendment S-3700 was adopted by a voice vote.

  Senator Lamberti asked and received unanimous consent to
  withdraw amendment S-3659, filed by him on May 7, 2001, to pages
  10 and 11 of amendment S-3613.

  Senator Lamberti offered amendment S-3662, filed by him on
  May 7, 2001, to pages 10 and 11 of amendment S-3613, and moved
  its adoption.

  Amendment S-3662 was adopted by a voice vote.

  Senator Lamberti offered amendment S-3703, filed by him from
  the floor to page 11 of amendment S-3613, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3703 to amendment S-3613
  be adopted?" (H.F. 742), the vote was:

  Ayes, 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

  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, 4:

  Dearden	King	McLaren	Miller

  Amendment S-3703 was adopted.

  Senator Lamberti offered amendment S-3678, filed by him on
  May 7, 2001, to page 11 of amendment S-3613, and moved its
  adoption.

  Amendment S-3678 was adopted by a voice vote.

  Senator Deluhery offered amendment S-3704, filed by him from
  the floor to page 7 of amendment S-3613.

  Senator Deluhery withdrew amendment S-3704.

  The Senate resumed consideration of division S-3699A to
  amendment S-3613, previously deferred.

  Senator Lamberti asked and received unanimous consent that
  action on divisions S-3699A and S-3699B and amendment S-3613
  continue to be deferred.

  Senator Dvorsky asked and received unanimous consent to
  withdraw amendment S-3609, filed by Senators Dvorsky and Fraise
  on May 2, 2001, to page 1 of the bill.

  Senator Connolly offered amendment S-3626, filed by Senator
  Connolly, et al., on May 3, 2001, to pages 2, 3, 9, and to the title page
  of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3626 be adopted?"
  (H.F. 742), 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-3626 lost.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Flynn, for the remainder of the session, on request of Senator
  Fraise.

  BUSINESS PENDING

  House File 742

  The Senate resumed consideration of House File 742.

  Senator Shearer offered amendment S-3627, filed by Senator
  Shearer, et al., on May 3, 2001, to pages 3, 5, 9, 15, and to the title
  page of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3627 be adopted?"
  (H.F. 742), the vote was:

  Ayes, 17:

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

  Nays, 28:

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

  Absent or not voting, 5:

  Dearden	Flynn	King	McLaren
  Miller

  Amendment S-3627 lost.

  Senator Fink asked and received unanimous consent to withdraw
  amendment S-3618, filed by Senator Fink, et al., on May 2, 2001, to
  pages 8 and 13 of the bill.

  Senator Lundby offered amendment S-3606, filed by her on May 2,
  2001, to pages 10 and 11 of the bill.

  President Pro Tempore McKean took the chair at 1:33 p.m.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Greiner, until she returns, on request of Senator Freeman.

  BUSINESS PENDING

  House File 742

  The Senate resumed consideration of House File 742.

  Senator Lundby moved the adoption of amendment S-3606.

  A record roll call was requested.
  On the question "Shall amendment S-3606 be adopted?"
  (H.F. 742), the vote was:

  Ayes, 20:

  Angelo	Bartz	Behn	Freeman
  Gaskill	Gronstal	Horn	Iverson
  Jensen	Johnson	Kramer	Lamberti
  Lundby	McCoy	McKean	McKinley
  Redfern	Rittmer	Shearer	Tinsman

  Nays, 24:

  Black	Boettger	Bolkcom	Connolly
  Deluhery	Drake	Dvorsky	Fiegen
  Fink	Fraise	Hammond	Hansen
  Harper	Holveck	Kibbie	Maddox
  McKibben	Redwine	Rehberg	Schuerer
  Sexton	Soukup	Veenstra	Zieman

  Absent or not voting, 6:

  Dearden	Flynn	Greiner	King
  McLaren	Miller

  Amendment S-3606 lost.

  Senator Soukup offered amendment S-3620, filed by Senator
  Soukup, et al., on May 2, 2001, to pages 12 and 13 of the bill.

  President Kramer took the chair at 2:15 p.m.

  Senator Soukup moved the adoption of amendment S-3620.

  Amendment S-3620 lost by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Kibbie, until he returns, on request of Senator Fraise.
  BUSINESS PENDING

  House File 742

  The Senate resumed consideration of House File 742.

  Senator Black offered amendment S-3619, filed by Senator Black,
  et al., on May 2, 2001, to page 14 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3619 be adopted?"
  (H.F. 742), the vote was:

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

  Ayes, 19:

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

  Nays, 25:

  Angelo	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, 6:

  Dearden	Flynn	Kibbie	King
  McLaren	Miller

  Amendment S-3619 lost.

  Senator Greiner offered amendment S-3607, filed by her on May 2,
  2001, to page 14 of the bill, and moved its adoption.

  Amendment S-3607 was adopted by a voice vote.
  Senator Connolly offered amendment S-3605, filed by him on
  May 2, 2001, to pages 15, 16, and to the title page of the bill.

  Senator Connolly asked and received unanimous consent that
  action on amendment S-3605 be deferred.

  The Senate resumed consideration of amendment S-3613 and
  divisions S-3699A and S-3699B, previously deferred.

  Senator Lamberti moved the adoption of division S-3699A.

  A record roll call was requested.

  On the question "Shall division S-3699A to amendment S-3613 be
  adopted?" (H.F. 742), the vote was:

  Ayes, 26:

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

  Nays, 18:

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

  Absent or not voting, 6:

  Dearden	Flynn	Kibbie	King
  McLaren	Miller

  Division S-3699A was adopted.

  Senator Lamberti moved the adoption of division S-3699B to
  amendment S-3613, which motion prevailed by a voice vote.

  Senator McCoy offered amendment S-3706, filed by him from the
  floor to page 3 of amendment S-3613.
  Senator McCoy asked and received unanimous consent to
  withdraw amendment S-3706.

  Senator Lamberti moved the adoption of amendment S-3613, as
  amended, which motion prevailed by a voice vote.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-3605, previously deferred.

  Senator Jensen offered amendment S-3705, filed by him from the
  floor to page 3 of the bill, and moved its adoption.

  Amendment S-3705 was adopted by a voice vote.

  Senator Iverson asked and received unanimous consent that action
  on House File 742 be deferred.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 3:10 p.m.
  until the completion of a meeting of the committee on Appropriations.

  RECONVENED

  The Senate reconvened at 3:33 p.m., President Kramer presiding.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Jensen, until he returns, on request of Senator McKean.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for consideration Senate File 538.

  Senate File 538

  On motion of Senator Harper, Senate File 538, a bill for an act
  providing an Iowa individual income tax checkoff for deposit in the
  keep Iowa beautiful fund, making an appropriation, and providing a
  retroactive applicability date, was taken up for consideration.

  Senator Connolly asked and received unanimous consent to
  withdraw amendment S-3575, filed by him on April 30, 2001, to
  page 2 and to the title page of the bill.

  Senator Harper asked and received unanimous consent that
  House File 737 be substituted for Senate File 538.

  House File 737

  On motion of Senator Harper, House File 737, a bill for an act
  providing an Iowa individual income tax checkoff for deposit in the
  keep Iowa beautiful fund, making an appropriation, and providing a
  retroactive applicability date, was taken up for consideration.

  Senator Harper 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. 737), the vote was:

  Ayes, 43:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Deluhery
  Drake	Dvorsky	Fiegen	Fink
  Fraise	Freeman	Gaskill	Greiner
  Gronstal	Hammond	Hansen	Harper
  Holveck	Horn	Iverson	Johnson
  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, 7:

  Dearden	Flynn	Jensen	Kibbie
  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 Harper asked and received unanimous consent that
  Senate File 538 be withdrawn from further consideration of the
  Senate.

  HOUSE MESSAGES RECEIVED

  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 8, 2001, adopted the following resolution in which the
  concurrence
  of the House was asked:

  Senate Concurrent Resolution 2, a concurrent resolution to
  approve and confirm the appointment of the Citizens' Aide.

  ALSO:  That the House has on May 8, 2001, passed the following bill in which
  the
  concurrence of the House was asked:

  Senate File 486, a bill for an act relating to the assessment of a
  law enforcement initiative surcharge on certain criminal offenses.

  IMMEDIATELY MESSAGED

  Senator Boettger asked and received unanimous consent that
  House File 737 be immediately messaged to the House.

  BUSINESS PENDING

  House File 742

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

  Senator Jensen 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. 742), the vote was:

  Ayes, 26:

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

  Nays, 18:

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

  Absent or not voting, 6:

  Dearden	Flynn	Kibbie	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.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 742 be immediately messaged to the House.
  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  HOUSE FILE 413, a bill for an act making an
  appropriation and
  establishing a teacher compensation reform and student achievement savings
  account
  fund.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 413.

  House File 413

  On motion of Senator Redfern, House File 413, a bill for an act
  making an appropriation and establishing a teacher compensation
  reform and student achievement savings account fund, with report of
  committee recommending passage, was taken up for consideration.

  President Pro Tempore McKean took the chair at 3:55 p.m.

  Senator Redfern 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. 413), the vote was:

  Ayes, 39:

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

  Nays, 5:

  Greiner	Rehberg	Rittmer	Sexton
  Zieman

  Absent or not voting, 6:

  Dearden	Flynn	Kibbie	King
  McLaren	Miller

  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 476

  Senator Kramer called up for consideration Senate File 476, a bill
  for an act relating to the establishment of a student achievement and
  teacher quality program, amended by the House, and moved that the
  Senate concur in House amendment S-3694, filed May 8, 2001.

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

  Senator Kramer 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. 476), the vote was:

  Ayes, 29:

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

  Nays, 15:

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

  Absent or not voting, 6:

  Dearden	Flynn	Kibbie	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.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 4:33 p.m.
  until the completion of a meeting of the committee on Rules and
  Administration.

  RECONVENED

  The Senate reconvened at 4:35 p.m., President Kramer presiding.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 476 and House File 413 be immediately messaged to
  the House.

  CONSIDERATION OF RESOLUTIONS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolutions 43 and 44.

  Senate Resolution 43

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

  Senator Horn moved the adoption of Senate Resolution 43, which
  motion prevailed by a voice vote.

  Senate Resolution 44

  On motion of Senator Hansen, Senate Resolution 44, a
  resolution recognizing Don "Skip" Meisner upon his retirement, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Hansen moved the adoption of Senate Resolution 44,
  which motion prevailed by a voice vote.

  INTRODUCTION OF RESOLUTIONS

  Senate Concurrent Resolution 31, by committee on Rules and
  Administration, a concurrent resolution to provide for adjournment
  sine die.

  Read first time and placed on calendar.

  Senate Resolution 51, by committee on Rules and
  Administration, a resolution relating to daily operations of the
  Senate.

  Read first time and placed on calendar.

  President Pro Tempore McKean took the chair at 4:45 p.m.

  President Kramer took the chair at 4:59 p.m.

  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 8, 2001, amended and passed the following bill in which the
  concurrence of the Senate is asked:

  Senate File 531, a bill for an act relating to and making
  appropriations to certain state departments, agencies, funds, and
  certain other entities, providing for regulatory authority, and other
  properly related matters. (S-3708)

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 51, a resolution relating to daily
  operations of the Senate.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink,
  Gaskill,
  Harper, Johnson, McKean, and Rittmer.  Nays, none.  Absent or not voting,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Resolution 51.

  Senate Resolution 51

  On motion of Senator Iverson, Senate Resolution 51, a
  resolution relating to daily operations of the Senate, was taken up for
  consideration.

  Senator Iverson moved the adoption of Senate Resolution 51,
  which motion prevailed by a voice vote.

  The Senate stood at ease at 5:02 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:44 p.m., President Kramer
  presiding.
  HOUSE MESSAGES RECEIVED

  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 8, 2001, adopted the following resolutions in which the
  concurrence
  of the House was asked:

  Senate Joint Resolution 7, a joint resolution authorizing the
  temporary use and consumption of wine in the State Capitol in
  conjunction with the awards ceremony of the World Food Prize
  Foundation.

  Senate Joint Resolution 8, a joint resolution authorizing the
  temporary use and consumption of wine in the State Capitol at a
  dinner held in conjunction with a national educational program
  relating to food safety and genetic engineering organized by the State
  Legislative Leaders Foundation and Iowa State University.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Connolly, until he returns, on request of Senator Deluhery.

  HOUSE AMENDMENT CONSIDERED

  Senate File 531

  Senator Schuerer called up for consideration Senate File 531, a
  bill for an act relating to and making appropriations to certain state
  departments, agencies, funds, and certain other entities, providing for
  regulatory authority, and other properly related matters, amended by
  the House in House amendment S-3708, filed May 8, 2001.

  Senator Soukup offered amendment S-3709, filed by Senator
  Soukup, et al., from the floor to page 3 of House amendment
  S-3708.

  Senator Schuerer raised the point of order that amendment
  S-3709 was not germane to the bill.
  The Chair ruled the point well-taken and amendment S-3709 out
  of order.

  Senator Schuerer 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 Schuerer 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. 531), 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, 18:

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

  Absent or not voting, 6:

  Connolly	Dearden	Flynn	King
  McLaren	Miller

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

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:
  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on May 8, 2001, adopted the following resolution in which the
  concurrence
  of the House was asked:

  Senate Concurrent Resolution 26, a concurrent resolution
  requesting that the Attorney General of the State of Iowa vigorously
  enforce Iowa corporate farming law which prohibits processors from
  owning, controlling, or operating a feedlot in Iowa in which hogs or
  cattle are fed for slaughter.

  ALSO:  That the House has on May 8, 2001, concurred in the Senate amendment
  and passed the following bill in which the concurrence of the House was
  asked:

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

  ALSO:  That the House has on May 8, 2001, adopted the following resolution
  in
  which the concurrence of the Senate is asked:

  House Concurrent Resolution 39, a concurrent resolution to
  provide for adjournment sine die.

  Read first time and attached to companion Senate Concurrent
  Resolution 31.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 531 be immediately messaged to the House.
  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 31, a concurrent
  resolution to provide for adjournment sine die.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink,
  Gaskill,
  Harper, Johnson, McKean, and Rittmer.  Nays, none.  Absent or not voting,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration Senate Concurrent Resolution 31.

  Senate Concurrent Resolution 31

  On motion of Senator Iverson, Senate Concurrent Resolution 31,
  a concurrent resolution to provide for adjournment sine die, was
  taken up for consideration.

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 39 be substituted for Senate
  Concurrent Resolution 31.

  House Concurrent Resolution 39

  On motion of Senator Iverson, House Concurrent Resolution 39, a
  concurrent resolution to provide for adjournment sine die, was taken
  up for consideration.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 39, which motion prevailed by a voice vote.
  WITHDRAWN

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 31 be withdrawn from further
  consideration of the Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 39 be immediately messaged to
  the House.
  APPENDIX

  COMPANION RESOLUTION RECEIVED

  On May 8, 2001, House Concurrent Resolution 39 was received
  and attached to companion Senate Concurrent Resolution 31 on
  the Senate calendar.

  COMPANION BILL RECEIVED

  On May 8, 2001, House File 737 was received and attached to
  companion Senate File 538 on the Senate calendar.

  CERTIFICATE OF RECOGNITION

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

  Michael Wallace, Chariton - For receiving the Young Executive Achievement
  Award from the Iowa Hospital Association.  Senator McKinley (05/08/01).

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  May 8, 2001, 3:12 p.m.

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

  Members Absent:  Flynn, Ranking Member; and King (both excused).

  Committee Business:  Passed HFs 413 and 698.

  Adjourned:  3:20 p.m.

  RULES AND ADMINISTRATION

  Convened:  May 8, 2001, 4:33 p.m.

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

  Members Absent:  None.
  Committee Business:  Passed SCR 31 and SR 51.

  Adjourned:  4:34 p.m.

  INTRODUCTION OF BILLS

  Senate File 544, by Holveck, Dearden, Hammond, and Bolkcom, a
  bill for an act requiring disclosure of information on the use of tax
  revenues for economic development purposes.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  Senate File 545, by Holveck, a bill for an act relating to
  insurance, by providing for third-party payor liability for health care
  treatment decisions, prohibiting certain acts by third-party payors,
  and providing a statutory definition for medical necessity relating to
  the external review process for health care coverage decisions, and
  containing an applicability provision.

  Read first time under Rule 28 and referred to committee on
  Commerce.

  Senate File 546, by Holveck, a bill for an act relating to an energy
  efficiency improvement tax credit for individual income tax purposes
  and including an effective date and applicability provisions.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 544

  WAYS AND MEANS:  McKibben, Chair; Connolly and McKinley

  Senate File 545

  COMMERCE:  Johnson, Chair; Deluhery and Schuerer

  Senate File 546

  WAYS AND MEANS:  McKibben, Chair; Flynn and Maddox
  House File 413

  APPROPRIATIONS:  Redfern, Chair; Connolly and Lamberti

  REPORTS OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in enrolling
  Senate File 140, the following corrections were made:

  1.	Page 2, line 34, the words and numbers "Sections 1 through 4A, 5 and 7"
  were
  changed to the words and numbers "Sections 1 through 6 and 8".

  2.	Page 3, line 2, the word and number "Section 6" were changed to the word
  and
  number "Section 7".

  ALSO:  That in enrolling Senate File 458, the following correction was made:

  1.	Page 15, line 10, the word and number "Section 100" were changed to the
  word and
  number "Section 23".

  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
  8th day of
  May, 2001:

  Senate Files 140, 339, 346, 393, and 458.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  HOUSE FILE 698, a bill for an act providing
  appropriations for
  certain temporary staffing for the Iowa utilities board and consumer
  advocate prior to
  assessment of such staffing expenses to utilities.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3694	S.F.	476	House
  S-3695	H.F.	720	Dennis H. Black
  S-3696	H.F.	720	Dennis H. Black
  S-3697	H.F.	720	Dennis H. Black
  S-3698	H.F.	696	Jerry Behn
  S-3699	H.F.	742	Jeff Lamberti
  S-3700	H.F.	742	Jeff Lamberti
  S-3701	H.F.	577	JoAnn Johnson
  S-3702	H.F.	742	Dennis H. Black
  John P. Kibbie
  Tom Flynn
  S-3703	H.F.	742	Jeff Lamberti
  S-3704	H.F.	742	Patrick J. Deluhery
  S-3705	H.F.	742	John W. Jensen
  S-3706	H.F.	742	Matt McCoy
  S-3708	S.F.	531	House
  S-3709	S.F.	531	Betty A. Soukup
  Dennis H. Black
  Jack Holveck
  Mark Shearer
  Thomas Fiegen
  Patrick J. Deluhery
  Mike Connolly
  Eugene S. Fraise
  Wally E. Horn
  Matt McCoy
  Bill Fink
  Johnie Hammond
  Steven D. Hansen
  Joe Bolkcom
  Patricia Harper
  Michael E. Gronstal
  Robert E. Dvorsky

  The Senate stood at ease at 6:30 p.m. until the fall of the gavel.
  The Senate resumed session, President Kramer presiding.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 26, 2001, passed the following bill in which the
  concurrence of the
  House was asked:

  Senate File 527, a bill for an act relating to and making
  appropriations to the judicial branch.

  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
  House was asked:

  Senate File 530, a bill for an act relating to and making
  appropriations to the justice system, making related statutory
  changes, and providing an effective date.

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on May 1, 2001, concurred in the Senate amendment and passed the
  following bill in which the concurrence of the House was asked:

  House File 718, a bill for an act appropriating funds to the
  department of economic development, certain board of regents
  institutions, the department of workforce development, and the public
  employment relations board, making related statutory changes, and
  providing effective dates.

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on May 2, 2001, passed the following bill in which the concurrence
  of the
  House was asked:

  Senate File 521, a bill for an act establishing a new economy
  employment initiative by providing for a partial deduction under the
  individual income tax for the capital gain from the sale or exchange of
  capital stock of a corporation which was acquired by an individual on
  account of employment with the corporation, limiting the fiscal
  impact of the partial deductions, and including an effective and
  retroactive applicability date provision.
  REPORT OF THE SECRETARY OF THE SENATE

  MADAM PRESIDENT:  Pursuant to Senate Rule 21, I report that in enrolling
  Senate File 476, the following correction was made:

  1.  Page 17, line 31, the number "16" was changed to the number "17".

  ALSO:  That in enrolling Senate File 527, the following correction was made:

  1.	Page 4, line 30, a dash was inserted in place of the hyphen between the
  words
  "FUND-JUDICAL".

  ALSO:  That in enrolling Senate File 530, the following correction was made:

  1.	Page 1, line 11, a colon was added after the word "positions:".

  ALSO:  That in enrolling Senate File 537, the following corrections were
  made:

  1.	Page 3, line 13, quotation marks were added before and after the letters
  "aa".

  2.	Page 3, line 26, a section symbol was added after the letters "U.S.C.".

  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 resolutions 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 8th day of May, 2001:

  Senate Joint Resolutions 7 and 8, and Senate Files 81, 98, 198, 211, 470,
  476, 480,
  486, 499, 515, 516, 520, 521, 523, 524, 527, 528, 530, 531, 532, 535, 537,
  and 543.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  BILLS REFERRED TO COMMITTEE FROM CALENDAR

  MADAM PRESIDENT:  Pursuant to Senate Rule 4, the following resolutions and
  bills remaining on the Senate calendar upon adjournment of the 2001 session
  will be
  removed from the calendar and referred back to the committee to which they
  were
  originally assigned:

  S.C.R	15	Rules and Administration
  S.C.R.	16	Human Resources
  S.C.R.	30	Rules and Administration
  S.R.	24	Rules and Administration
  S.R.	25	Rules and Administration
  S.R.	27	Rules and Administration
  S.R.	28	Rules and Administration
  S.R.	30	Rules and Administration
  S.R.	39	Rules and Administration
  S.R.	42	Rules and Administration
  S.R.	49	State Government
  S.F.	59	Ways and Means
  S.F.	105	State Government
  S.F.	353	Human Resources
  S.F.	375	State Government
  S.F.	399	Human Resources
  S.F.	417	Judiciary
  S.F.	467	State Government
  S.F.	491	Business and Labor Relations
  S.F.	496	Commerce
  S.F.	504	Local Government

  MICHAEL E. MARSHALL
  Secretary of the Senate

  BILLS ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of the following bills
  to committee:

  H.F.	519	Judiciary
  H.F.	630	State Government
  H.F.	696	Business and Labor Relations

  FINAL DISPOSITION OF
  MOTIONS TO RECONSIDER

  Pursuant to Senate Rule 24, the following motions to reconsider,
  which remained on the Senate calendar upon the adjournment of the
  2001 Regular Session of the Seventy-ninth General Assembly, were
  determined to have failed:

  Senate File 81, a bill for an act relating to limitations on the
  disbursement of economic development financial assistance moneys
  by state agencies.  (Senate passed April 24, 2001.)  Motion filed by
  Senator Lundby on April 24, 2001.

  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.  (Senate passed May 3,
  2001.)  Motion filed by Senator Lamberti on May 3, 2001.

  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.  (Senate passed May 3, 2001.)  Motion filed by
  Senator Iverson on May 3, 2001.

  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.  (Senate passed May 7,
  2001.)  Motion filed by Senator Lamberti on May 7, 2001.

  House File 725, a bill for an act relating to and making
  appropriations involving state government, including provisions
  affecting agriculture and natural resources, providing for fees, and
  providing an effective date.  (Senate passed April 27, 2001.)  Motion
  filed by Senator Lamberti on April 27, 2001.

  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.  (Senate passed May 3, 2001.)  Motion filed
  by Senator Lamberti on May 3, 2001.

  COMMITTEE TO NOTIFY THE GOVERNOR

  Senator Iverson moved that a committee be appointed to notify the
  Governor that the Senate was ready to adjourn sine die in accordance
  with House Concurrent Resolution 39.
  The motion prevailed by a voice vote and the Chair appointed as
  such committee Senators Iverson and Kramer.

  COMMITTEE TO NOTIFY THE HOUSE

  Senator Iverson moved that a committee be appointed to notify the
  House that the Senate was ready to adjourn sine die in accordance
  with House Concurrent Resolution 39.

  The motion prevailed by a voice vote and the Chair appointed as
  such committee Senators Iverson and Kramer.

  COMMITTEE FROM THE HOUSE

  A committee from the House appeared and announced that the
  House was ready to adjourn sine die.

  REPORT OF COMMITTEE TO NOTIFY THE HOUSE

  Senator Kramer reported that the committee appointed to notify
  the House that the Senate was ready to adjourn sine die had
  performed its duty.

  The report was received and the committee was discharged.

  REPORT OF COMMITTEE TO NOTIFY THE GOVERNOR

  Senator Iverson reported that the committee appointed to notify
  the Governor that the Senate was ready to adjourn sine die had
  performed its duty.

  The report was received and the committee was discharged.

  FINAL ADJOURNMENT

  By virtue of House Concurrent Resolution 39, duly adopted, the
  day of May 8, 2001, having arrived, President Kramer declared the
  2001 Regular Session of the Seventy-ninth General Assembly
  adjourned sine die.
  MESSAGE FROM THE GOVERNOR

  June 14, 2001

  The Honorable Brent Siegrist
  Speaker of the House
  State Capitol
  Des Moines, IA  50319

  The Honorable Mary Kramer
  President of the Senate
  State Capitol
  Des Moines, IA 50319

  Speaker Siegrist and President Kramer,

  The one shining light in this legislative session was the full funding of
  our new
  teacher compensation/student achievement plan.  This package is a truly
  revolutionary
  approach to training and compensating teachers, and ensuring that Iowa
  schoolchildren get the very best possible education.  Nowhere else has this
  been done
  on a statewide basis.  It makes us national leaders and it has important and
  very
  positive consequences for public education and workforce development in our
  state.

  We understand that some teachers are nervous about this program.  It does
  represent a fundamental change.  We are convinced that we can make this new
  plan
  work in a way that serves teachers, students, and parents.

  We are hopeful the special legislative session schedule for June 19 will
  consider
  legislative action that was left incomplete at the end of the regular
  session.  In addition
  to redistricting, I urge lawmakers to maintain the operations of Iowa's
  rural workforce
  development centers, to provide the option for community colleges to raise
  additional
  revenue to meet their obligations, and to provide for additional in-state
  electric power
  generation.

  Sincerely,
  Thomas J. Vilsack
  Governor

  1568	JOURNAL OF THE SENATE	121st Day
  121st Day	TUESDAY, MAY 8, 2001	1567

Previous Day: Monday, May 7Next Day: Tuesday, June 19
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