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Senate Journal: Thursday, November 8, 2001

  FIRST CALENDAR DAY
  FIRST SESSION DAY
  SECOND EXTRAORDINARY SESSION

  State Capitol, Room 116
  Des Moines, Iowa, Thursday, November 8, 2001

  Pursuant to the proclamation of the Governor, the Honorable
  Thomas J. Vilsack, convening the Seventy-ninth General Assembly in
  Extraordinary Session, the Senate was called to order at
  9:18 a.m. by the Honorable Mary E. Kramer, President of the Senate.

  Prayer was offered by the Honorable John P. "Jack" Kibbie,
  member of the Senate from Palo Alto County, Emmetsburg, Iowa.

  PLEDGE OF ALLEGIANCE

  The Pledge of Allegiance was led 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:

  November 1, 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 Second Extraordinary Session of
  the
  Iowa Legislature to convene at 9:00 a.m., November 8, 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
  adjourned pursuant to House Concurrent Resolution 39; and

  Whereas, the nation's economy has experienced a severe downturn that has
  been
  exacerbated by the tragic events of September 11th; and

  Whereas, on October 11th, the state's revenue estimating conference reduced
  its
  projection of state revenue for fiscal year 2002 by $157.5 million; and

  Whereas, by executive order, I have directed a uniform modification of
  allotment
  requests, pursuant to Iowa Code Section 8.31, to achieve an annual 4.3
  percent budget
  reduction for fiscal year 2002; and

  Whereas, the General Assembly should adopt prudent and necessary legislation
  to
  restore funds to targeted areas of the state budget, following the
  across-the-board
  budget reductions implemented by Executive Order Number Twenty-Four.

  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 9:00 a.m. on the eighth day of November, 2001, and to
  that end I
  do call up and direct the members of the House of Representatives to convene
  in the
  House Chamber at the State Capitol and members of the Senate to convene in
  Room 116 at the State Capitol at 9:00 a.m. on the eighth day of November,
  2001, for
  the purpose which the assembly is convened, namely the matter of considering
  prudent
  and necessary legislation to restore funds to targeted areas of the state
  budget,
  following the annual 4.3 percent budget reduction for fiscal year 2002, and
  matters
  properly related thereto.

  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 1st day of November in the year of our Lord
  two thousand one.

  THOMAS J. VILSACK, Governor

  Attest:

  CHESTER J. CULVER
  Secretary of State
  ORGANIZATION OF THE SENATE

  Senator Iverson moved that the determination of mileage of
  senators and all other organizational or administrative matters not
  specifically provided for in Joint Rule 3 be the same for this Second
  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 MESSAGE RECEIVED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has, pursuant to the November 1, 2001, proclamation of the Governor,
  duly
  organized for the Second Extraordinary Session of the Seventy-ninth General
  Assembly
  and is ready to receive communications from the Senate.

  The Senate stood at ease at 9:30 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:52 a.m., Senator Boettger
  presiding.

  RECESS

  On motion of Senator Holveck, the Senate recessed at 11:53 a.m.
  until the completion of meetings of the committees on State
  Government and Appropriations.
  AFTERNOON SESSION

  The Senate reconvened at 3:26 p.m., President Kramer presiding.

  INTRODUCTION OF BILLS

  Senate File 547, by Shearer, a bill for an act relating to the
  abatement of state sales and use taxes and local sales and service
  taxes of purchasers of certain access to on-line computer services and
  providing refunds, and including effective and applicability date
  provisions.

  Read first time and referred to committee on Ways and Means.

  Senate File 548, by Shearer, a bill for an act relating to the
  abatement of interest on state sales and use taxes and local sales and
  service taxes of purchasers of certain access to on-line computer
  services and providing refunds, and including effective and
  applicability date provisions.

  Read first time and referred to committee on Ways and Means.

  Senate File 549, by committee on Appropriations, a bill for an act
  relating to homeland security by authorizing the governor and other
  state officers to use state resources for, defend against, and manage
  the consequences of a terrorist attack in this state, and providing a
  retroactive effective date.

  Read first time and placed on Appropriations calendar.

  Senate File 550, by committee on State Government, a bill for an
  act relating to the state general fund expenditure limitation and
  budgeting practices and including effective date and applicability
  provisions.

  Read first time and placed on calendar.

  The Senate stood at ease at 3:28 p.m. until the fall of the gavel for
  the purpose of party caucuses.
  The Senate resumed session at 4:32 p.m., President Pro Tempore
  McKean presiding.

  INTRODUCTION OF BILLS

  Senate File 551, by committee on Appropriations, a bill for an act
  relating to state government employment by providing termination
  incentive programs for eligible state employees, abolishing the
  workforce attrition program and fund, creating initiatives to increase
  the ratio of state employees per supervisor and to evaluate the state's
  job classification system, and providing effective dates.

  Read first time and placed on Appropriations calendar.

  Senate File 552, by committee on Appropriations, a bill for an act
  relating to the reorganization of the department of human services
  and providing an effective date.

  Read first time and placed on Appropriations calendar.

  Senate File 553, by committee on Appropriations, a bill for an act
  relating to public funding and regulatory matters and making and
  reducing appropriations for the fiscal year beginning July 1, 2001,
  and including effective date and applicability provisions.

  Read first time and placed on Appropriations calendar.

  Senate File 554, by committee on Appropriations, a bill for an act
  relating to the establishment of a health services trust fund,
  providing an effective date, and providing for retroactive
  applicability.

  Read first time and placed on Appropriations calendar.

  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 November 8, 2001, passed the following bill in which the
  concurrence of
  the Senate is asked:
  House File 759, a bill for an act relating to public funding and
  regulatory matters and making and reducing appropriations for the
  fiscal year beginning July 1, 2001, and including effective date and
  applicability provisions.

  Read first time and attached to companion Senate File 553.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Fink, for the remainder of the day, on request of Senator Gronstal.

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

  House File 760, a bill for an act relating to the state general fund
  expenditure limitation and budgeting practices and including
  effective date and applicability provisions.

  Read first time and attached to companion Senate File 550.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 551 (LSB 5038sv),  a bill for an act
  relating to state
  government employment by providing termination incentive programs for
  eligible state
  employees, abolishing the workforce attrition program and fund, creating
  initiatives to
  increase the ratio of state employees per supervisor and to evaluate the
  state's job
  classification system, and providing effective dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 25:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King,
  Lundby,
  McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy, until he returns, on request of Senator Black.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 551.

  Senate File 551

  On motion of Senator Kramer, Senate File 551, a bill for an act
  relating to state government employment by providing termination
  incentive programs for eligible state employees, abolishing the
  workforce attrition program and fund, creating initiatives to increase
  the ratio of state employees per supervisor and to evaluate the state's
  job classification system, and providing effective dates, was taken up
  for consideration.

  Senator Kramer offered amendment S-3724, filed by her from the
  floor to page 4 of the bill, and moved its adoption.

  Amendment S-3724 was adopted by a voice vote.

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

  On the question "Shall the bill pass?" (S.F. 551), the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 2:

  Fink	McCoy

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

  COMMITTEE REPORT

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 550 (LSB 5110xc), a bill for an act relating
  to the
  state general fund expenditure limitation and budgeting practices and
  including
  effective date and applicability provisions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden,
  Deluhery,
  Drake, Fink, Houser, Jensen, Maddox, McKean, Rittmer, and Sexton.  Nays,
  none.
  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Drake, until he returns, on request of Senator Iverson.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 550.

  Senate File 550

  On motion of Senator Lamberti, Senate File 550, a bill for an act
  relating to the state general fund expenditure limitation and
  budgeting practices and including effective date and applicability
  provisions, was taken up for consideration.

  Senator Lamberti asked and received unanimous consent that
  House File 760 be substituted for Senate File 550.

  House File 760

  On motion of Senator Lamberti, House File 760, a bill for an act
  relating to the state general fund expenditure limitation and
  budgeting practices and including effective date and applicability
  provisions, was taken up for consideration.

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

  On the question "Shall the bill pass?" (H.F. 760), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Dvorsky	Fiegen	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, 2:

  Drake	Fink

  WITHDRAWN

  Senator Lamberti asked and received unanimous consent that
  Senate File 550 be withdrawn from further consideration of the
  Senate.
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 551 and House File 760 be immediately messaged to
  the House.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

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

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on November 8, 2001, passed the following bills in which the
  concurrence of
  the Senate is asked:

  House File 763, a bill for an act relating to the establishment of a
  health services trust fund, providing an effective date, and providing
  for retroactive applicability.

  Read first time and attached to similar Senate File 554.

  House File 764, a bill for an act relating to the reorganization of
  the department of human services and providing an effective date.

  Read first time and attached to similar Senate File 552.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 554 (LSB 5187sv), a bill for an act relating
  to the
  establishment of a health services trust fund, providing an effective date,
  and
  providing for retroactive applicability.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 25:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King,
  Lundby,
  McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
  Nays, none.  Absent or not voting, none.

  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 Senate File 554.

  Senate File 554

  On motion of Senator Kramer, Senate File 554, a bill for an act
  relating to the establishment of a health services trust fund,
  providing an effective date, and providing for retroactive
  applicability, was taken up for consideration.

  Senator Kramer offered amendment S-3726, filed by her from the
  floor to pages 1-3 and to the title page of the bill, and moved its
  adoption.

  Amendment S-3726 was adopted by a voice vote.

  Senator Kramer asked and received unanimous consent that
  House File 763 be substituted for Senate File 554.

  House File 763

  On motion of Senator Kramer, House File 763, a bill for an act
  relating to the establishment of a hospital trust fund, providing an
  effective date, and providing for retroactive applicability, was taken
  up for consideration.

  Senator Kramer 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. 763), the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  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, 1:

  Fink

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

  WITHDRAWN

  Senator Kramer asked and received unanimous consent that
  Senate File 554 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 763 be immediately messaged to the House.

  President Kramer took the chair at 6:05 p.m.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 552 (LSB 5176sv), a bill for an act relating
  to the
  reorganization of the department of human services and providing an
  effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 19:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Deluhery,
  Gaskill, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer,
  Tinsman, Veenstra, and Zieman.  Nays, 6:  Bolkcom, Connolly Dvorsky, Fiegen,
  Hammond, and Soukup.  Absent or not voting, none.

  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 Senate File 552.

  Senate File 552

  On motion of Senator Veenstra, Senate File 552, a bill for an act
  relating to the reorganization of the department of human services
  and providing an effective date, was taken up for consideration.

  Senator Veenstra offered amendment S-3729, filed by him from
  the floor to page 6 of the bill, and moved its adoption.

  Amendment S-3729 was adopted by a voice vote.

  Senator Veenstra asked and received unanimous consent that
  House File 764 be substituted for Senate File 552.

  House File 764

  On motion of Senator Veenstra, House File 764, a bill for an act
  relating to the reorganization of the department of human services
  and providing an effective date, was taken up for consideration.

  Senator Veenstra 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. 764), the vote was:

  Ayes, 39:

  Angelo	Bartz	Behn	Black
  Boettger	Deluhery	Drake	Flynn
  Fraise	Freeman	Gaskill	Greiner
  Gronstal	Hansen	Harper	Horn
  Houser	Iverson	Jensen	Johnson
  Kibbie	King	Kramer	Lamberti
  Lundby	Maddox	McKean	McKibben
  McKinley	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Tinsman	Veenstra	Zieman
  Nays, 10:

  Bolkcom	Connolly	Dearden	Dvorsky
  Fiegen	Hammond	Holveck	McCoy
  Shearer	Soukup

  Absent or not voting, 1:

  Fink

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

  WITHDRAWN

  Senator Iverson asked and received unanimous consent that
  Senate File 552 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House File 764 be immediately messaged to the House.

  The Senate stood at ease at 6:28 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 6:39 p.m., President Kramer
  presiding.

  HOUSE MESSAGE RECEIVED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on November 8, 2001, passed the following bill in which the
  concurrence of
  the House was asked:

  Senate File 551, a bill for an act relating to state government
  employment by providing termination incentive programs for eligible
  state employees, abolishing the workforce attrition program and fund,
  creating initiatives to increase the ratio of state employees per
  supervisor and to evaluate the state's job classification system, and
  providing effective dates.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  SENATE FILE 553 (LSB 5152sv), a bill for an act relating
  to
  public funding and regulatory matters and making and reducing appropriations
  for the
  fiscal year beginning July 1, 2001, and including effective date and
  applicability
  provisions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 25:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King,
  Lundby,
  McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
  Nays, none.  Absent or not voting, none.

  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 Senate File 553.

  Senate File 553

  On motion of Senator Lamberti, Senate File 553, a bill for an act
  relating to public funding and regulatory matters and making and
  reducing appropriations for the fiscal year beginning July 1, 2001,
  and including effective date and applicability provisions, was taken
  up for consideration.

  Senator Lamberti asked and received unanimous consent that
  House File 759 be substituted for Senate File 553.

  House File 759

  On motion of Senator Lamberti, House File 759, a bill for an act
  relating to public funding and regulatory matters and making and
  reducing appropriations for the fiscal year beginning July 1, 2001,
  and including effective date and applicability provisions, was taken
  up for consideration.

  Senator Flynn offered amendment S-3727, filed by Senator Flynn,
  et al., from the floor to page 2 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3727 be adopted?"
  (H.F. 759), the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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

  Absent or not voting, 1:

  Fink

  Amendment S-3727 lost.

  Senator Dvorsky offered amendment S-3720, filed by Senator
  Dvorsky, et al., from the floor to page 2 of the bill, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3720 be adopted?"
  (H.F. 759), the vote was:
  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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

  Absent or not voting, 1:

  Fink

  Amendment S-3720 lost.

  Senator Connolly offered amendment S-3722, 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-3722 be adopted?"
  (H.F. 759), the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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

  Absent or not voting, 1:

  Fink

  Amendment S-3722 lost.

  Senator Kibbie offered amendment S-3723, filed by Senator
  Kibbie, et al., from the floor to page 3 of the bill, and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3723 be adopted?"
  (H.F. 759), the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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

  Absent or not voting, 1:

  Fink

  Amendment S-3723 lost.

  Senator Hammond offered amendment S-3725, filed by Senator
  Hammond, et al., from the floor to pages 9 and 10 of the bill.
  Senator Hammond called for the following division of amendment
  S-3725:

  Division S-3725A:  Lines 3-21; and
  Division S-3725B:  Lines 22-33.

  Senator Hammond moved the adoption of division S-3725A.

  A record roll call was requested.

  On the question "Shall division S-3725A be adopted?"
  (H.F. 759) the vote was:

  Ayes, 19:

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

  Nays, 30:

  Angelo	Bartz	Behn	Boettger
  Drake	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

  Absent or not voting, 1:

  Fink

  Division S-3725A lost.

  Senator Hammond asked and received unanimous consent that
  action on division S-3725B be deferred.

  Senator Hansen offered amendment S-3719, filed by Senator
  Hansen, et al., from the floor to page 10 of the bill, and moved its
  adoption.

  A record roll call was requested.
  On the question "Shall amendment S-3719 be adopted?"
  (H.F. 759), the vote was:

  Ayes, 21:

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

  Nays, 28:

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

  Absent or not voting, 1:

  Fink

  Amendment S-3719 lost.

  The Senate resumed consideration of division S-3725B, previously
  deferred.

  Senator Hammond asked and received unanimous consent to
  withdraw division S-3725B.

  Senator King offered amendment S-3730, filed by him from the
  floor to page 11 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3730 be adopted?"
  (H.F. 759), the vote was:

  Ayes, 5:

  Freeman	King	Miller	Rehberg
  Zieman
  Nays, 44:

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

  Absent or not voting, 1:

  Fink

  Amendment S-3730 lost.

  Senator King offered amendment S-3731, filed by him from the
  floor to page 11 of the bill, and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3731 be adopted?"
  (H.F. 759), the vote was:

  Ayes, 4:

  King	Miller	Rehberg	Zieman

  Nays, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  Flynn	Fraise	Freeman	Gaskill
  Greiner	Gronstal	Hammond	Hansen
  Harper	Holveck	Horn	Houser
  Iverson	Jensen	Johnson	Kibbie
  Kramer	Lamberti	Lundby	Maddox
  McCoy	McKean	McKibben	McKinley
  Redfern	Redwine	Rittmer	Schuerer
  Sexton	Shearer	Soukup	Tinsman
  Veenstra
  Absent or not voting, 1:

  Fink

  Amendment S-3731 lost.

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

  On the question "Shall the bill pass?" (H.F. 759), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  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, 1:

  Hammond

  Absent or not voting, 1:

  Fink

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

  WITHDRAWN

  Senator Iverson asked and received unanimous consent that
  Senate File 553 be withdrawn from further consideration of the
  Senate.
  HOUSE MESSAGES RECEIVED AND CONSIDERED

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

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on November 8, 2001, passed the following bill in which the
  concurrence of
  the Senate is asked:

  House File 762, a bill for an act relating to homeland security by
  authorizing the governor and other state officers to use state
  resources for, defend against, and manage the consequences of a
  terrorist attack in this state, and providing a retroactive effective
  date.

  Read first time and attached to similar Senate File 549.

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

  House Concurrent Resolution 42, a concurrent resolution to
  provide for adjournment sine die.

  Read first time and passed on file.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 549 (LSB 5174sv), a bill for an act
  relating to
  homeland security by authorizing the governor and other state officers to
  use state
  resources for, defend against, and manage the consequences of a terrorist
  attack in this
  state, and providing a retroactive effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 25:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King,
  Lundby,
  McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Appropriations Committee on Senate File 549,
  and they
  were attached to the committee report.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Soukup, until she returns, on request of Senator Gronstal.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 549.

  Senate File 549

  On motion of Senator Angelo, Senate File 549, a bill for an act
  relating to homeland security by authorizing the governor and other
  state officers to use state resources for, defend against, and manage
  the consequences of a terrorist attack in this state, and providing a
  retroactive effective date, was taken up for consideration.

  Senator Angelo offered amendment S-3721, filed by him from the
  floor to page 1 of the bill, and moved its adoption.

  Amendment S-3721 was adopted by a voice vote.

  Senator Bartz offered amendment S-3718, filed by him from the
  floor to page 10 of the bill, and moved its adoption.

  Amendment S-3718 was adopted by a voice vote.

  Senator Angelo offered amendment S-3728, filed by him from the
  floor to page 10 of the bill, and moved its adoption.

  Amendment S-3728 was adopted by a voice vote.

  Senator Angelo asked and received unanimous consent that
  House File 762 be substituted for Senate File 549.

  House File 762

  On motion of Senator Angelo, House File 762, a bill for an act
  relating to homeland security by authorizing the governor and other
  state officers to use state resources for, defend against, and manage
  the consequences of a terrorist attack in this state, and providing a
  retroactive effective date, was taken up for consideration.

  Senator Angelo 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. 762), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fiegen
  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	Tinsman	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 2:

  Fink	Soukup

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

  WITHDRAWN

  Senator Angelo asked and received unanimous consent that
  Senate File 549 be withdrawn from further consideration of the
  Senate.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 759 and 762 be immediately messaged to the House.
  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for immediate consideration House Concurrent Resolution 42.

  Senator Gronstal moved to waive the Rules and Administration
  committee meeting with respect to House Concurrent Resolution 42.

  The motion prevailed by a voice vote.

  House Concurrent Resolution 42

  On motion of Senator Iverson House Concurrent Resolution 42, a
  concurrent resolution to provide for adjournment sine die, was taken
  up for consideration.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 42, which motion prevailed by a voice vote.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 42 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
  House Concurrent Resolution 42.

  The motion prevailed by a voice vote.
  HOUSE MESSAGE RECEIVED

  The following message was received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House is prepared to adjourn the 2001 Second Extraordinary Session of the
  Seventy-
  ninth General Assembly pursuant to House Concurrent Resolution 42, duly
  adopted.

  MOTION TO ADJOURN ADOPTED

  Senator Iverson moved that the 2001 Second Extraordinary
  Session of the Seventy-ninth General Assembly adjourn sine die in
  accordance with House Concurrent Resolution 42, duly adopted.

  The motion prevailed by a voice vote.

  FINAL ADJOURNMENT

  By virtue of House Concurrent Resolution 42, duly adopted, the
  day of November 8, 2001, having arrived, President Kramer declared
  the 2001 Second Extraordinary Session of the Seventy-ninth General
  Assembly adjourned sine die.
  APPENDIX

  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 during the 2001 interim:

  July 10, 2001

  DEPARTMENT OF TRANSPORTATION

  2001 Airport Sufficiency Summary Report, pursuant to Iowa Code section
  328.12.

  July 12, 2001

  DEPARTMENT OF JUSTICE

  Report from the Consumer Advocate relating to price regulation for
  telecommunications services, pursuant to Iowa Code Chapter 475A.

  July 23, 2001

  DEPARTMENT OF HUMAN SERVICES

  Iowa Federation of Families for Children's Mental Health report on family
  recommendations as developed at the Iowa Family Choices Conferences.

  August 15, 2001

  ALCOHOLIC BEVERAGES DIVISION

  66th Annual Report for July 1, 1999 - June 30, 2000.

  August 21, 2001

  DEPARTMENT OF NATURAL RESOURCES

  Energy Fund Disbursement Council Report to the Governor and General
  Assembly.

  August 24, 2001

  MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM OF IOWA

  Report on Escalation Program, pursuant to Iowa Code section 411.6.
  August 29, 2001

  DEPARTMENT OF NATURAL RESOURCES

  Iowa's 2000 Public Drinking Water Program Annual Compliance Report.

  September 17, 2001

  BOARD OF REGENTS

  Annual report on College Bound and IMAGES programs, pursuant to Iowa Code
  sections 262.92 and 269.93.

  DEPARTMENT OF TRANSPORTATION

  Fiscal Year 2001 report of highway construction program, pursuant to Iowa
  Code
  section 307.12(14).

  September 28, 2001

  DEPARTMENT OF PERSONNEL

  An Annual Review of Affirmative Action in the Executive Branch of State
  Government, pursuant to Iowa Code section 19B.5.

  October 9, 2001

  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

  Seventh Annual Report of the Office of Renewable Fuels and Co-Products -
  summary of activities July 1, 2000, to June 30, 2001.

  DEPARTMENT OF TRANSPORTATION

  2001 Iowa Primary Road Sufficiency Log, pursuant to Iowa Code section
  307A.2(12).

  October 18, 2001

  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

  Iowa Watershed Task Force Report 2001, pursuant to Iowa Code section 161C.7.

  October 22, 2001

  DEPARTMENT OF NATURAL RESOURCES

  Energy Fund Disbursement Council Annual Report updated pages reflecting the
  actual end of Fiscal Year 2001 expenditures and receipts (replacement
  pages).
  DEPARTMENT OF PUBLIC SAFETY

  2000 Incident-Based Iowa Uniform Crime Report - notification that the report
  in
  electronic form is available online.

  October 31, 2001

  DEPARTMENT OF TRANSPORTATION

  Report of the Secondary Road Research Fund and Report of the Street Research
  Fund for the FY ending June 30, 2001, pursuant to Iowa Code sections 310.36
  and
  312.3A - notification that the reports in electronic form are available
  online.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  November 8, 2001, 1:39 p.m.

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

  Members Absent:  None.

  Committee Business:  Passed LSBs 5038xc, 5152xc, 5174xc, 5176xc, and 5187xc.

  Adjourned:  3:15 p.m.

  STATE GOVERNMENT

  Convened:  November 8, 2001, 12:08 p.m.

  Members Present:  King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member;
  Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Houser, Jensen, Maddox,
  McKean, Rittmer, and Sexton.

  Members Absent:  None.

  Committee Business:  Passed LSB 5110xc.

  Adjourned:  12:30 p.m.

  SUBCOMMITTEE ASSIGNMENTS

  LSB 5038xc

  APPROPRIATIONS:  Kramer, Chair; Connolly and Lamberti
  LSB 5110xc

  STATE GOVERNMENT:  Lamberti, Chair; Kibbie and King

  LSB 5152xc

  APPROPRIATIONS:  Lamberti, Chair; Flynn and Kramer

  LSB 5174xc

  APPROPRIATIONS:  Angelo, Chair; Dvorsky and Jensen

  LSB 5176xc

  APPROPRIATIONS:  Veenstra, Chair; Hammond and Lamberti

  LSB 5187xc

  APPROPRIATIONS:  Kramer, Chair; Hammond and Veenstra

  COMPANION BILLS RECEIVED

  On November 8, 2001, House File 759 was received and attached
  to companion Senate File 553 on the Senate calendar.

  ALSO:

  On November 8, 2001, House File 760 was received and attached
  to companion Senate File 550 on the Senate calendar.

  SIMILAR BILLS RECEIVED

  On November 8, 2001, House File 762 was received and attached
  to similar Senate File 549 on the Senate calendar.

  ALSO:

  On November 8, 2001, House File 763 was received and attached
  to similar Senate File 554 on the Senate calendar.

  ALSO:

  On November 8, 2001, House File 764 was received and attached
  to similar Senate File 552 on the Senate calendar.
  BILL 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 bill has 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
  November, 2001:

  Senate File 551.

  MICHAEL E. MARSHALL
  Secretary of the Senate

  AMENDMENTS FILED

  S-3718	S.F.	549	Merlin E. Bartz
  S-3719	H.F.	759	Steven D. Hansen
  Matt McCoy
  Jack Holveck
  John P. Kibbie
  Michael E. Gronstal
  Robert E. Dvorsky
  Johnie Hammond
  Patricia Harper
  Joe Bolkcom
  Mike Connolly
  Tom Flynn
  Thomas Fiegen
  Betty A. Soukup
  Mark Shearer
  Dennis H. Black
  Wally E. Horn
  S-3720	H.F.	759	Robert E. Dvorsky
  Joe Bolkcom
  Patricia Harper
  Johnie Hammond
  S-3721	S.F.	549	Jeff Angelo
  S-3722	H.F.	759	Mike Connolly
  S-3723	H.F.	759	John P. Kibbie
  Wally E. Horn
  Steven D. Hansen
  Jack Holveck
  Eugene S. Fraise
  Betty A. Soukup
  Joe Bolkcom
  Patricia Harper
  Thomas Fiegen
  Mark Shearer
  Tom Flynn
  Dennis H. Black
  S-3724	S.F.	551	Mary E. Kramer
  S-3725	H.F.	759	Johnie Hammond
  Thomas L. Fiegen
  Patricia Harper
  Betty A. Soukup
  S-3726	S.F.	554	Mary E. Kramer
  S-3727	H.F.	759	Tom Flynn
  Michael E. Gronstal
  John P. Kibbie
  Dennis H. Black
  Jack Holveck
  Patricia Harper
  Joe Bolkcom
  Eugene S. Fraise
  S-3728	S.F.	549	Jeff Angelo
  S-3729	S.F.	552	Ken Veenstra
  S-3730	H.F.	759	Steve King
  S-3731	H.F.	759	Steve King
  1	JOURNAL OF THE SENATE	1st Day

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