Senate Journal: Wednesday, March 21, 2001
SEVENTY-THIRD CALENDAR DAY
FORTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, March 21, 2001
The Senate met in regular session at 9:00 a.m., President
Pro Tempore McKean presiding.
Prayer was offered by the Reverend Damon Hall, pastor of the
Grace Baptist Church in Waverly, Iowa, guest of Senator Jensen.
The Journal of Tuesday, March 20, 2001, was approved.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Bartz, Boettger, King, Kramer, and McKinley, until they arrive, on
request of Senator Iverson; and Senators Connolly and McCoy, until they
arrive, on
request of Senator Gronstal.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Joint Resolution 7.
Senate Joint Resolution 7
On motion of Senator Iverson, 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, with report of committee
recommending passage, was taken up for consideration.
Senator Iverson moved that the resolution be read the last time
now and placed upon its passage, which motion prevailed by a voice
vote, and the resolution was read the last time.
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.
WHEREAS, the State of Iowa has the honor of being the home of
the World Food Prize Foundation which annually presents an
international award recognizing outstanding individual achievement
in improving the quality, quantity, or availability of food in the world;
and
WHEREAS, Iowa's unique State Capitol is an optimal location for
this awards ceremony of the World Food Prize Foundation and was
the location of the ceremony in October 2000; and
WHEREAS, wine is customarily served as an accompaniment to
the food and entertainment provided at this type of awards ceremony
and wine was served at this ceremony in October 2000; and
WHEREAS, under 401 IAC 1.6(6), which prohibits the
consumption of alcoholic beverages on the capitol complex, it is not
possible to serve wine at this type of awards ceremony in the State
Capitol; NOW THEREFORE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE
OF IOWA:
Section 1. Notwithstanding 401 IAC 1.6(6) and any contrary
provisions of chapter 123, prohibiting the use and consumption of
alcoholic beverages in public places, wine may be used and consumed
within the State Capitol at an awards ceremony, to be held on or
around October 18, 2001, hosted and organized in whole or in part by
the World Food Prize Foundation if the person providing the food and
wine at the awards ceremony possesses an appropriate valid liquor
control license. For the purpose of this section and section 123.95, the
State Capitol is a private place.
On the question "Shall the resolution be adopted?" (S.J.R. 7), the
vote was:
Yeas, 40:
Angelo Behn Bolkcom Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hansen
Harper Horn Iverson Jensen
Johnson Kibbie Lamberti Lundby
Maddox McKean McKibben McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, 3:
Black Hammond Holveck
Absent or not voting, 7:
Bartz Boettger Connolly King
Kramer McCoy McKinley
The resolution, having received a constitutional majority, was
declared to have been adopted by the Senate and the title was agreed
to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Jensen, until he returns, on request of Senator Rittmer.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 337 and 428.
Senate File 337
On motion of Senator Redfern, Senate File 337, a bill for an act
relating to transfers of structured settlement payment rights for tort
and workers' compensation claims, providing civil remedies, and an
applicability date, was taken up for consideration.
Senator Redfern offered amendment S-3205, filed by him on
March 20, 2001, to pages 5 and 7 of the bill, and moved its adoption.
Amendment S-3205 was adopted by a voice vote.
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?" (S.F. 337), the vote was:
Ayes, 44:
Angelo Bartz Behn Black
Bolkcom Dearden Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Iverson Johnson
Kibbie King Lamberti Lundby
Maddox McKean McKibben McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 6:
Boettger Connolly Jensen Kramer
McCoy McKinley
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
Senate File 428
On motion of Senator Redwine, Senate File 428, a bill for an act
requiring the department of human services to establish a statewide
central intake unit for receiving reports of child abuse, was taken up
for consideration.
Senator Redwine 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. 428), the vote was:
Ayes, 48:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McKean McKibben McKinley McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 2:
Jensen McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Boettger, Kramer, and McKinley, until they return, on request of
Senator
Bartz; and Senator Connolly, until he returns, on request of Senator Kibbie.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Joint Resolution 6.
Senate Joint Resolution 6
On motion of Senator Sexton, Senate Joint Resolution 6, a joint
resolution nullifying an amendment to an administrative rule of the
department of natural resources eliminating the unprotected
nongame status of reptiles and providing an effective date, was taken
up for consideration.
Senator Sexton moved that the resolution be read the last time
now and placed upon its passage, which motion prevailed by a voice
vote, and the resolution was read the last time.
Senate Joint Resolution 6, a joint resolution nullifying an
amendment to an administrative rule of the department of natural
resources eliminating the unprotected nongame status of reptiles and
providing an effective date.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE
OF IOWA:
Section 1. The amendment to 571 Iowa administrative code, rule
76.1, subrule 2, as appearing in ARC 0099B, as published in the Iowa
administrative bulletin, volume XXIII, number 5, dated September 6,
2000, p. 478, is nullified.
Sec. 2. EFFECTIVE DATE. This joint resolution, being deemed of
immediate importance, takes effect upon enactment.
On the question "Shall the resolution be adopted?" (S.J.R 6), the
vote was:
Yeas, 34:
Angelo Bartz Behn Deluhery
Drake Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Harper Iverson Jensen Johnson
Kibbie King Lamberti Maddox
McKean McKibben McLaren Miller
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Soukup Tinsman
Veenstra Zieman
Nays, 12:
Black Bolkcom Dearden Dvorsky
Gronstal Hammond Hansen Holveck
Horn Lundby McCoy Shearer
Absent or not voting, 4:
Boettger Connolly Kramer McKinley
The resolution, having received a constitutional majority, was
declared to have been adopted by the Senate and the title was agreed
to.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators King and Iverson, until they return, on request of Senator Redwine.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Bartz asked and received unanimous consent to take up
for consideration Senate Files 372 and 354.
Senate File 372
On motion of Senator Hansen, Senate File 372, a bill for an act
relating to the powers and duties of the county recorder relating to
the recording and keeping of documents, was taken up for
consideration.
Senator Hansen 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. 372), the vote was:
Ayes, 44:
Angelo Bartz Behn Black
Bolkcom Dearden Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Jensen Johnson
Kibbie Lamberti Lundby Maddox
McCoy McKean McKibben McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 6:
Boettger Connolly Iverson King
Kramer McKinley
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Holveck, until he returns, on request of Senator Soukup.
Senate File 354
On motion of Senator Redfern, Senate File 354, a bill for an act
relating to limitations on filing medical assistance claims against a
decedent's estate, was taken up for consideration.
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?" (S.F. 354), the vote was:
Ayes, 44:
Angelo Bartz Behn Black
Bolkcom Dearden Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Horn Jensen Johnson Kibbie
King Lamberti Lundby Maddox
McCoy McKean McKibben McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 6:
Boettger Connolly Holveck Iverson
Kramer McKinley
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Veenstra asked and received unanimous consent to take
up for consideration Senate Files 336 and 415.
Senate File 336
On motion of Senator Redwine, Senate File 336, a bill for an act
relating to the authority of the state board of educational examiners
to develop a code of professional rights and responsibilities, practices,
and ethics for practitioners, was taken up for consideration.
Senator Redwine 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. 336), the vote was:
Rule 23, requiring all Senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 29:
Angelo Bartz Behn Boettger
Connolly Drake Freeman Gaskill
Greiner Iverson Jensen Johnson
King Kramer Lamberti Maddox
McKean McKibben McKinley McLaren
Miller Redfern Redwine Rehberg
Schuerer Sexton Tinsman Veenstra
Zieman
Nays, 21:
Black Bolkcom Dearden Deluhery
Dvorsky Fiegen Fink Flynn
Fraise Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
Lundby McCoy Rittmer Shearer
Soukup
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.
Senate File 415
On motion of Senator Lamberti, Senate File 415, a bill for an act
relating to the jurisdiction of district associate judges, was taken up
for consideration.
President Kramer took the chair at 10:10 a.m.
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?" (S.F. 415), 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
Iverson Jensen Johnson Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKean McKibben
McKinley McLaren 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 was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 387, 406, and 412.
Senate File 387
On motion of Senator Sexton, Senate File 387, a bill for an act
relating to the regulation of auctions and the licensing of auctioneers
and other auction personnel and providing fees, penalties, and an
appropriation, was taken up for consideration.
Senator Deluhery offered amendment S-3209, filed by Senators
Deluhery and Sexton from the floor to page 2 of the bill, and moved
its adoption.
Amendment S-3209 was adopted by a voice vote.
Senator Sexton 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. 387), the vote was:
Ayes, 45:
Bartz Black Boettger Bolkcom
Connolly Dearden Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Iverson Jensen
Johnson Kibbie King Kramer
Lamberti Lundby Maddox McCoy
McKean McKibben Miller Redfern
Redwine Rehberg Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman
Nays, 5:
Angelo Behn McKinley McLaren
Rittmer
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.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Gronstal, until he returns, on request of Senator Hansen.
Senate File 406
On motion of Senator Miller, Senate File 406, a bill for an act
relating to a review of revenue sources of local governments, was
taken up for consideration.
Senator Miller 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. 406), the vote was:
Ayes, 48:
Angelo Bartz Behn Black
Boettger Bolkcom Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Hammond Hansen Harper
Holveck Horn Iverson Jensen
Johnson Kibbie King Kramer
Lamberti Lundby Maddox McCoy
McKean McKibben McKinley McLaren
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, 1:
Connolly
Absent or not voting, 1:
Gronstal
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
Senate File 412
On motion of Senator Fink, Senate File 412, a bill for an act
relating to the compulsory attendance age and attendance at school
during the regular school calendar by a child who has reached the age
of sixteen, was taken up for consideration.
Senator Fink 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. 412), the vote was:
Ayes, 49:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben McKinley
McLaren Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman
Nays, none.
Absent or not voting, 1:
Gronstal
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 Joint Resolutions 6 and 7 and Senate Files 337, 354, 372,
387, 406, 412, 415, and 428 be immediately messaged to the
House.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Schuerer, until he returns, on request of Senator Lundby.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 413.
Senate File 413
On motion of Senator McKean, Senate File 413, a bill for an act
relating to a criminal sentence subject to the maximum accumulation
of earned time credits of fifteen percent of the total sentence of
confinement, was taken up for consideration.
Senator McKean 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. 413), the vote was:
Ayes, 47:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McKean McKibben McKinley McLaren
Miller Redfern Redwine Rehberg
Rittmer Sexton Shearer Soukup
Tinsman Veenstra Zieman
Nays, 1:
McCoy
Absent or not voting, 2:
Gronstal Schuerer
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 140.
Senate File 140
On motion of Senator Deluhery, Senate File 140, a bill for an act
updating the Iowa Code references to the Internal Revenue Code,
increasing the minimum filing income requirement for dependents,
lowering the threshold amount for making estimated payments for
corporations and financial institutions, increasing the estimated tax
payment standard for assessing a penalty for corporations and
financial institutions, and providing retroactive applicability dates
and an effective date, was taken up for consideration.
Senator Deluhery moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.
On the question "Shall the bill pass?" (S.F. 140), the vote was:
Ayes, 48:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gaskill Greiner Hammond Hansen
Harper Holveck Horn Iverson
Jensen Johnson Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben McKinley
McLaren Miller Redfern Redwine
Rehberg Rittmer Sexton Shearer
Soukup Tinsman Veenstra Zieman
Nays, none.
Absent or not voting, 2:
Gronstal Schuerer
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 Files 140 and 413 be immediately messaged to the House.
RECESS
On motion of Senator Iverson, the Senate recessed at 11:20 a.m.
until 1:00 p.m.
AFTERNOON SESSION
The Senate reconvened at 1:05 p.m., President Pro Tempore
McKean presiding.
QUORUM CALL
Senator Johnson requested a nonrecord roll call to determine that
a quorum was present.
The vote revealed 29 present, 21 absent, and a quorum present.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for immediate consideration Senate Concurrent Resolution 7.
Senate Concurrent Resolution 7
On motion of Senator Angelo, Senate Concurrent Resolution 7,
a concurrent resolution requesting that the United States Congress
adopt daylight saving time as the national standard of keeping time
throughout the year, with report of committee recommending
passage, was taken up for consideration.
Senator Angelo moved the adoption of Senate Concurrent
Resolution 7, which motion prevailed by a voice vote.
RECESS
On motion of Senator Iverson, the Senate recessed at 1:13 p.m.
until the completion of a meeting of the committee on Rules and
Administration.
RECONVENED
The Senate reconvened at 1:28 p.m., President Kramer presiding.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Shearer, until he returns, on request of Senator Hammond; and
Senator
Jensen, until he returns, on request of Senator McKean.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 350 and 414.
Senate File 350
On motion of Senator Sexton, Senate File 350, a bill for an act