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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
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