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FIRST CALENDAR DAY FIRST EXTRAORDINARY SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, June 19, 2001 Pursuant to the proclamation of the Governor, the Honorable Thomas J. Vilsack, the Seventy-ninth General Assembly of Iowa convened in Extraordinary Session at 10:10 a.m., President Kramer presiding. Prayer was offered by the Honorable Nancy J. Boettger, member of the Senate from Shelby County, Harlan, Iowa. COMMUNICATION FROM THE GOVERNOR The following communication from the Governor was presented: May 21, 2001 The Honorable Mary Kramer President of the Senate State Capitol LOCAL The Honorable Brent Siegrist Speaker of the House State Capitol LOCAL I hereby submit the Proclamation setting the Extraordinary Session of the Iowa Legislature to convene at 10:00 a.m., June 19, 2001. Sincerely, THOMAS J. VILSACK Governor STATE OF IOWA Executive Department In The Name And By The Authority Of The State Of Iowa P R O C L A M A T I O N Whereas, the 2001 Regular Session of the Seventy-ninth General Assembly had final adjournment pursuant to House Concurrent Resolution 39, and Whereas, the General Assembly did not adopt legislation that sets new congressional and legislative district boundaries, and Whereas, the General Assembly may need to adopt prudent and necessary legislation to address any other issues which may be identified by the Governor and legislative leaders before the convening of the extraordinary session, and Whereas, the General Assembly must convene in extraordinary session in accordance with Article IV, Section XI, of the Constitution of the State of Iowa in order to consider the Legislative Service Bureau's second plan for the redrawing of Iowa's congressional and legislative districts. Now, Therefore, I, Thomas J. Vilsack, Governor of the State of Iowa, in accordance with Article IV, Section XI, of the Constitution of the State of Iowa, do hereby proclaim that the Seventy-ninth General Assembly shall convene in extraordinary session in Des Moines, Iowa, at 10:00 a.m. on the nineteenth day of June, 2001, and to that end I do call up and direct the members of the House of Representatives to convene at the new State Historical Building and members of the Senate to convene in the Senate Chamber at the State Capitol at 10:00 a.m. on June 19, 2001, for the purpose which the assembly is convened, namely the matter of redistricting and other issues deemed appropriate to take legislative action in keeping therewith. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of (SEAL) the State of Iowa to be affixed. Done at Des Moines this 21st day of May in the year of our Lord two thousand one. THOMAS J. VILSACK, Governor Attest: CHESTER J. CULVER Secretary of State ANNOUNCEMENT OF VACANCY President Kramer announced that notification had been received from the office of Governor Vilsack of the following vacancy in the Senate: District 43 - Derryl McLaren, resignation effective May 17, 2001. COMMITTEE ON CREDENTIALS Senator Iverson moved that a committee on Credentials be appointed to examine and report on the election in Senate District 43. The motion prevailed by a voice vote and the Chair announced the appointment of Senators Johnson, Chair; Rehberg, Drake, Hammond, and Hansen. The Senate stood at ease at 10:12 a.m. until the fall of the gavel. The Senate resumed session at 10:15 a.m., President Kramer presiding. REPORT OF THE COMMITTEE ON CREDENTIALS MADAM PRESIDENT: We, your committee on Credentials, respectively report that we find the person named in the attached copy of the certification of the Secretary of State duly elected to and entitled to a seat in the Senate for the 2001 Extraordinary Session of the Seventy-ninth General Assembly. JOANN JOHNSON, Chair KITTY REHBERG RICHARD F. DRAKE JOHNIE HAMMOND STEVE HANSEN CERTIFICATION-STATE OF IOWA OFFICE OF THE SECRETARY OF STATE To the Honorable Michael E. Marshall, the Secretary of the Senate: I, Chester J. Culver, Secretary of State of the State of Iowa; custodian of the files and records pertaining to the elections in the state, DO HEREBY CERTIFY THAT the State Canvassing Board has declared that at a special election held on June 12, 2001, Hubert Houser was elected to fill a vacancy in the office of State Senator of the Forty-third District, for the balance of the term which began on January second, 1999. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the (SEAL) Secretary of State at the Statehouse, in Des Moines, this eighteenth day of June, 2001. CHESTER J. CULVER Secretary of State I hereby acknowledge receipt of the original copy of this document on this eighteenth day of June, 2001. MICHAEL E. MARSHALL Secretary of the Senate Senator Johnson moved the adoption of the report of the committee on Credentials, which motion prevailed by a voice vote. Senator Houser approached the bar of the Senate, was duly sworn, and subscribed his name to the oath of office. Senator Iverson moved that the newly elected member be permitted to occupy the seat of his predecessor for the remainder of 2001 provided, however, that in 2002 he will not be regarded as a holdover member with the right to retain this seat. The motion prevailed by a voice vote. ORGANIZATION OF THE SENATE Senator Iverson moved that the selection of seats, determination of mileage of senators, assignment of press seats, and all other organizational or administrative matters not specifically provided for in Joint Rule 3 be the same for this Extraordinary Session as for the 2001 Regular Session of the Seventy-ninth General Assembly. The motion prevailed by a voice vote. SECRETARY TO NOTIFY THE GOVERNOR AND THE HOUSE Senator Iverson moved that the Secretary of the Senate be directed to send a written message to the Governor and the House of Representatives informing them that the Senate was organized and ready to transact business and receive any messages that they may transmit. The motion prevailed by a voice vote. 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, pursuant to the May 21, 2001, proclamation of the Governor, duly organized for the Extraordinary Session of the Seventy-ninth General Assembly and is ready to receive communications from the Senate. ALSO: I am directed to inform your honorable body that the House has on May 1, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 743, a bill for an act providing for fees for the remediation of sites evidencing contamination from a release of fertilizers and soil conditioners or pesticides, and providing an effective date. Read first time and referred to committee on Ways and Means. COMMITTEE ASSIGNMENTS Senator Iverson moved that Senator Houser retain Senator McLaren's assignments to standing committees, except that Senator Behn serve as acting Chair of the committee on Agriculture. The Senate stood at ease at 10:22 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 12:02 p.m., President Kramer presiding. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on June 19, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 758, a bill for an act providing for congressional and legislative districts and providing an effective date. Read first time and referred to committee on State Government. RECESS On motion of Senator Iverson, the Senate recessed at 12:03 p.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 12:31 p.m., President Kramer presiding. RECESS On motion of Senator Boettger, the Senate recessed at 12:33 p.m. until the completion of a meeting of the committee on State Government. RECONVENED The Senate reconvened at 1:00 p.m., President Kramer presiding. RECESS On motion of Senator Iverson, the Senate recessed at 1:01 p.m. until the completion of a meeting of the committee on Business and Labor Relations. AFTERNOON SESSION The Senate reconvened at 1:19 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a nonrecord roll call to determine that a quorum was present. The vote revealed 47 present, 3 absent, and a quorum present. INTRODUCTION OF RESOLUTIONS Senate Resolution 52, by committee on Rules and Administration, a Senate resolution urging the Iowa congressional delegation to support and work to implement the renewal of the trade promotion authority of the President of the United States. Read first time and placed on calendar. Senate Resolution 53, by Iverson and Gronstal, a Senate resolution honoring Nobel Peace Prize Laureate Dr. Norman E. Borlaug, and recognizing his contributions to alleviating world hunger and malnutrition, including the founding of the World Food Prize. Read first time and referred to committee on Rules and Administration. COMMITTEE REPORT STATE GOVERNMENT Final Bill Action: HOUSE FILE 758, a bill for an act providing for congressional and legislative districts and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: King, Lamberti, Kibbie, Bolkcom, Connolly, Deluhery, Drake, Fink, Houser, Jensen, McKean, and Sexton. Nays, 2: Dearden and Rittmer. Absent or not voting, 1: Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 758. House File 758 On motion of Senator King, House File 758, a bill for an act providing for congressional and legislative districts and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator King moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (H.F. 758), the vote was: Ayes, 37: Angelo Behn Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Horn Houser Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby McCoy McKean McKibben McKinley Redfern Redwine Rehberg Schuerer Sexton Shearer Tinsman Veenstra Nays, 13: Bartz Black Dearden Fiegen Greiner Hammond Harper Holveck Maddox Miller Rittmer Soukup Zieman Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 758 be immediately messaged to the House. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 53, a Senate resolution honoring Nobel Peace Prize Laureate Dr. Norman E. Borlaug, and recognizing his contributions to alleviating world hunger and malnutrition, including the founding of the World Food Prize. Recommendation: DO PASS. Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 53. Senate Resolution 53 On motion of Senator McCoy, Senate Resolution 53, a Senate resolution honoring Nobel Peace Prize Laureate Dr. Norman E. Borlaug, and recognizing his contributions to alleviating world hunger and malnutrition, including the founding of the World Food Prize, with report of committee recommending passage, was taken up for consideration. Senator McCoy moved the adoption of Senate Resolution 53, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Lundby, until she returns, on request of Senator Iverson. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 698. House File 698 On motion of Senator Jenson, 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, with report of committee recommending passage, was taken up for consideration. Senator Lamberti offered amendment S-3712, filed by him from the floor to page 1 and to the title page of the bill, and moved its adoption. Amendment S-3712 was adopted by a voice vote. 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. 698), the vote was: Ayes, 38: Angelo Bartz Behn Black Boettger Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Gaskill Gronstal Harper Horn Houser Iverson Jensen Johnson King Kramer Lamberti Maddox McCoy McKean McKibben McKinley Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Nays, 11: Bolkcom Fiegen Fraise Freeman Greiner Hammond Hansen Holveck Kibbie Miller Zieman Absent or not voting, 1: Lundby 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 698 be immediately messaged to the House. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 52, a Senate resolution urging the Iowa congressional delegation to support and work to implement the renewal of the trade promotion authority of the President of the United States. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Iverson, Kramer, Boettger, Gaskill, Johnson, McKean, and Rittmer. Nays, 4: Gronstal, Dvorsky, Fink, and Harper. 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 52. Senate Resolution 52 On motion of Senator Gaskill, Senate Resolution 52, a Senate resolution urging the Iowa congressional delegation to support and work to implement the renewal of the trade promotion authority of the President of the United States, was taken up for consideration. Senator Kibbie offered amendment S-3711, filed by him from the floor to page 2 of the resolution. President Pro Tempore McKean took the chair at 3:36 p.m. Senator Kibbie moved the adoption of amendment S-3711. A record roll call was requested. On the question "Shall amendment S-3711 be adopted?" (S.R. 52), the vote was: Ayes, 22: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby McCoy McKean Shearer Soukup Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Houser Iverson Jensen Johnson King Kramer Lamberti Maddox McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3711 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Drake, until he returns, on request of Senator Iverson. BUSINESS PENDING Senate Resolution 52 The Senate resumed consideration of Senate Resolution 52. Senator Gaskill moved the adoption of Senate Resolution 52. A record roll call was requested. On the question "Shall the resolution be adopted?" (S.R. 52), the vote was: Ayes, 29: Angelo Bartz Behn Boettger Freeman Gaskill Greiner Houser Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, 1: Drake The motion prevailed and the resolution was adopted. COMMITTEE REPORT BUSINESS AND LABOR RELATIONS Final Bill Action: HOUSE FILE 696, a bill for an act relating to the employment security administrative contribution surcharge, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 10: Greiner, Dearden, Behn, Fraise, Hammond, Horn, King, Lundby, McKibben and Schuerer. Nays, none. Absent or not voting, 1: Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 696. House File 696 On motion of Senator Behn, House File 696, a bill for an act relating to the employment security administrative contribution surcharge, and providing an effective date, was taken up for consideration. Senator Kibbie asked and received unanimous consent to withdraw amendment S-3410, filed by him on April 19, 2001, striking everything after the enacting clause and to the title page of the bill. Senator Behn offered amendment S-3698, filed by him on May 8, 2001, striking everything after the enacting clause of the bill. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Lundby, until she returns, on request of Senator Bartz; and Senator Dearden, until he returns, on request of Senator Gronstal. BUSINESS PENDING House File 696 The Senate resumed consideration of House File 696. Senator King offered amendment S-3715, filed by Senators King, Rehberg, and Schuerer from the floor to page 1 of amendment S-3698. President Kramer took the chair at 4:15 p.m. The Senate stood at ease at 4:16 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 4:41 p.m., President Kramer presiding. Senator King moved the adoption of amendment S-3715 to amendment S-3698. A record roll call was requested. On the question "Shall amendment S-3715 to amendment S-3698 be adopted?" (H.F. 696), the vote was: Ayes, 9: Gaskill Houser King McKinley Miller Rehberg Schuerer Sexton Veenstra Nays, 39: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie Kramer Lamberti Maddox McCoy McKean McKibben Redfern Redwine Rittmer Shearer Soukup Tinsman Zieman Absent or not voting, 2: Dearden Lundby Amendment S-3715 lost. Senator Iverson offered amendment S-3710, filed by him from the floor to pages 1 and 2 of amendment S-3698, and moved its adoption. Amendment S-3710 was adopted by a voice vote. Senator Behn moved the adoption of amendment S-3698, as amended, which motion prevailed by a voice vote. With the adoption of amendment S-3698, the Chair ruled amendment S-3383, filed by Senator Freeman on April 18, 2001, to page 2 of the bill, out of order. Senator Behn 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. 696), the vote was: Ayes, 41: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Houser Iverson Jensen Johnson Kibbie Lundby McCoy McKean McKibben Redfern Rehberg Rittmer Sexton Shearer Soukup Veenstra Zieman Nays, 9: King Kramer Lamberti Maddox McKinley Miller Redwine Schuerer Tinsman Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 696 be immediately messaged to the House. UNFINISHED BUSINESS House File 577 On motion of Senator Jensen, House File 577, a bill for an act relating to electric power generation and transmission, by addressing the criteria for construction of an electric generating facility; waivers; approval of power purchase contracts; management of regulated emissions from facilities fueled by coal; providing for the development of a state electric energy policy; providing for joint agreements for acquisition of ownership of a joint facility for electric power generation and transmission, and for the planning, financing, operation, and maintenance of the joint facility; providing for the bonding authority of electric power agencies; and making certain other changes and requirements related to electric generation and transmission, with report of committee on Commerce without recommendation, placed on the Unfinished Business Calendar on April 5, 2001, re-referred to the committee on Commerce on April 18, 2001, and returned to the calendar with report of committee on Commerce recommending amendment and passage on May 7, 2001, was taken up for consideration. Senator Gronstal offered amendment S-3686, filed by Senator Gronstal, et al., on May 7, 2001, striking everything after the enacting clause and to the title page of the bill. Senator Gronstal asked and received unanimous consent that action on amendment S-3686 be deferred. Senator Johnson asked and received unanimous consent to withdraw amendment S-3713, filed by her from the floor striking everything after the enacting clause and to the title page of the bill. Senator Johnson offered amendment S-3717, filed by her from the floor striking everything after the enacting clause and to the title page of the bill, and moved its adoption. Amendment S-3717 was adopted by a voice vote. With the adoption of amendment S-3717, the Chair ruled the following amendments out of order: S-3686, filed by Senator Gronstal, et al., previously deferred; S-3673, filed by the committee on Commerce on May 7, 2001, to pages 1-4 of the bill; S-3685, filed by Senator Johnson on May 7, 2001, to pages 1, 3, and 4 of amendment S-3673; S-3689, filed by Senator Johnson on May 7, 2001, to pages 1, 3, and 4 of amendment S-3673; S-3352, filed by Senator Connolly on April 12, 2001, to page 1 of the bill; S-3691, filed by Senator Johnson on May 7, 2001, to pages 1 and 2 of the bill; S-3687, filed by Senator Freeman, et al., on May 7, 2001, to page 2 of the bill; and S-3701, filed by Senator Johnson on May 8, 2001, to page 4 of the bill. 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. 577), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Houser Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 577 be immediately messaged to the House. 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 June 19, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 757, a bill for an act relating to the taxation under the individual income tax of certain federal tax rebates and including a retroactive applicability date provision. Read first time and referred to committee on Ways and Means. RECESS On motion of Senator Iverson, the Senate recessed at 5:25 p.m. until the completion of a meeting of the committee on Ways and Means. RECONVENED The Senate reconvened at 5:31 p.m., President Kramer presiding. RECESS On motion of Senator Iverson, the Senate recessed at 5:34 p.m. until the completion of a meeting of the committee on Rules and Administration. RECONVENED The Senate reconvened at 5:45 p.m., President Kramer presiding. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 32, by committee on Rules and Administration, a concurrent resolution to provide for adjournment sine die. Read first time and placed on calendar. COMMITTEE REPORT WAYS AND MEANS Final Bill Action: HOUSE FILE 757, a bill for an act relating to the taxation under the individual income tax of certain federal tax rebates and including a retroactive applicability date provision. Recommendation: DO PASS. Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 757. House File 757 On motion of Senator McKibben, House File 757, a bill for an act relating to the taxation under the individual income tax of certain federal tax rebates and including a retroactive applicability date provision, with report of committee recommending passage, was taken up for consideration. Senator Kibbie offered amendment S-3714, filed by Senators Kibbie, Fraise, and Connolly from the floor striking everything after the enacting clause and to the title page of the bill. Senator McKibben raised the point of order that amendment S-3714 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3714 out of order. Senator Harper offered amendment S-3716, filed by Senator Harper, et al., from the floor striking everything after the enacting clause and to the title page of the bill. Senator McKibben raised the point of order that amendment S-3716 was not germane to the bill. The Chair ruled the point well-taken and amendment S-3716 out of order. Senator McKibben 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. 757), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hansen Harper Holveck Horn Houser Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 2: Dearden Hammond Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 757 be immediately messaged to the House. The Senate stood at ease at 6:10 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:19 p.m., President Kramer presiding. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 32, 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 32. Senate Concurrent Resolution 32 On motion of Senator Iverson, Senate Concurrent Resolution 32, a concurrent resolution to provide for adjournment sine die, was taken up for consideration. Senator Iverson moved the adoption of Senate Concurrent Resolution 32, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 32 be immediately messaged to the House. SECRETARY TO NOTIFY THE GOVERNOR AND THE HOUSE Senator Iverson moved that the Secretary of the Senate be directed to send a written message to the Governor and to the House to inform them that the Senate was prepared to adjourn sine die pursuant to Senate Concurrent Resolution 32. The motion prevailed by a voice vote. APPENDIX RESIGNATION FROM OFFICE The following resignation was received subsequent to adjournment of the 2001 Regular Session: May 15, 2001 The Honorable Thomas J. Vilsack State Capitol Des Moines, Iowa 50319 Dear Governor Vilsack: I respectfully submit my resignation from the Iowa Senate, District 43, effective Thursday, May 17. I have accepted the position of State Executive Director of the Iowa Farm Service Agency of USDA. Sincerely, Derryl McLaren COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: June 6, 2001 IOWA COLLEGE STUDENT AID COMMISSION 1999-2000 Annual Report, pursuant to Iowa Code Chapter 261. June 11, 2001 DEPARTMENT OF HUMAN RIGHTS Iowa Division of Community Action Agencies 1999 Annual Report. COMMUNICATION FROM LEGISLATIVE SERVICE BUREAU The following communication was received from the Legislative Service Bureau on June 1, 2001: To: Secretary of the Iowa Senate, Chief Clerk of the Iowa House of Representatives, and Members of the Iowa General Assembly. From: Diane Bolender, Director, and Ed Cook, Legal Counsel, Iowa Legislative Service Bureau. Date: June 1, 2001 Pursuant to Chapter 42 of the 2001 Code of Iowa, the Legislative Service Bureau delivers to the Iowa General Assembly identical bills embodying a (second) plan of legislative and Congressional districting prepared in accordance with the U.S. Constitution, the Iowa Constitution, and Iowa Code section 42.4. In addition to the identical bills, this memorandum and the accompanying attachments include maps illustrating the plan, a summary of the standards prescribed by law for redistricting, a listing of the population for each district created, a statistical analysis of the plan, and listings of the political subdivisions undivided under the plan. This memorandum, the identical bills, as well as maps illustrating the plan, are also available through the internet on the Iowa Redistricting in 2001 link on the Iowa General Assembly's website ( www.legis.iowa.gov ). REPORTS OF COMMITTEE MEETINGS BUSINESS AND LABOR RELATIONS Convened: June 19, 2001, 1:06 p.m. Members Present: Greiner, Vice Chair; Dearden, Ranking Member; Behn, Fraise, Hammond, Horn, King, Lundby, McKibben, and Schuerer. Members Absent: Freeman, Chair (excused). Committee Business: Passed HF 696. Adjourned: 1:15 p.m. RULES AND ADMINISTRATION Convened: June 19, 2001, 12:05 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Boettger, Dvorsky, Fink, Harper, Johnson, McKean, and Rittmer. Members Absent: Gaskill (excused). Committee Business: Passed SRs 52 and 53. Adjourned: 12:25 p.m. ALSO: Convened: June 19, 2001, 5:38 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 32. Adjourned: 5:40 p.m. STATE GOVERNMENT Convened: June 19, 2001, 12:40 p.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Houser, Jensen, McKean, Rittmer, and Sexton. Members Absent: Maddox (excused). Committee Business: Passed HF 758. Adjourned: 12:52 p.m. WAYS AND MEANS Convened: June 19, 2001, 5:25 p.m. Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Members Absent: None. Committee Business: Passed HF 757. Adjourned: 5:29 p.m. SUBCOMMITTEE ASSIGNMENTS House File 743 WAYS AND MEANS: Greiner, Chair; Harper and McKinley House File 757 WAYS AND MEANS: McKibben, Chair; Flynn and McKinley House File 758 STATE GOVERNMENT: King, Chair; Kibbie and Lamberti PETITIONS The following petitions were presented and placed on file: From 530 residents of various counties in Iowa favoring legislation to allow local control of hog confinement facilities. Senator Soukup. From residents of Lee County, Iowa, supporting the continuance of workforce centers in rural Iowa and favoring the extension of the employer surtax to fund the centers. Senator Shearer. From residents of Washington County, Iowa, supporting the continuance of workforce centers in rural Iowa and favoring the extension of the employer surtax to fund the centers. Senator Shearer. AMENDMENTS FILED S-3710 H.F. 696 Stewart Iverson, Jr. S-3711 S.R. 52 John P. Kibbie S-3712 H.F. 698 Jeff Lamberti S-3713 H.F. 577 JoAnn Johnson S-3714 H.F. 757 John P. Kibbie Eugene S. Fraise Mike Connolly S-3715 H.F. 696 Steve King Kitty Rehberg Neal Schuerer S-3716 H.F. 757 Patricia Harper Johnie Hammond Matt McCoy Betty A. Soukup Tom Flynn Patrick J. Deluhery Mike Connolly Joe Bolkcom Robert E. Dvorsky Michael E. Gronstal S-3717 H.F. 577 JoAnn Johnson MOTION TO ADJOURN ADOPTED Senator Iverson moved that that 2001 Extraordinary Session of the Seventy-ninth General Assembly adjourn sine die in accordance with Senate Concurrent Resolution 32, duly adopted. The motion prevailed by a voice vote. 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 June 19, 2001, concurred in the Senate amendment and passed the following bills in which the concurrence of the House was asked: House File 577, a bill for an act relating to electric power generation and transmission, by addressing the criteria for construction of an electric generating facility; waivers; approval of power purchase contracts; management of regulated emissions from facilities fueled by coal; providing for the development of a state electric energy policy; providing for joint agreements for acquisition of ownership of a joint facility for electric power generation and transmission, and for the planning, financing, operation, and maintenance of the joint facility; providing for the bonding authority of electric power agencies; and making certain other changes and requirements related to electric generation and transmission. House File 696, a bill for an act relating to the employment security administrative contribution surcharge, and providing an effective date. 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. ALSO: That the House has on June 19, 2001, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 32, a concurrent resolution to provide for adjournment sine die. ALSO: That the House is prepared to adjourn the 2001 Extraordinary Session of the Seventy-ninth General Assembly pursuant to Senate Concurrent Resolution 32, duly adopted. FINAL ADJOURNMENT By virtue of Senate Concurrent Resolution 32, duly adopted, the day of June 19, 2001, having arrived, President Kramer declared the 2001 Extraordinary Session of the Seventy-ninth General Assembly adjourned sine die. 1644 JOURNAL OF THE SENATE 1st Day 1645 1st Day TUESDAY, JUNE 19, 2001
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