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Senate Journal: Monday, March 4, 2002

JOURNAL OF THE SENATE

__________

FIFTIETH CALENDAR DAY
THIRTIETH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, March 4, 2002

The Senate met in regular session at 1:13 p.m., President Kramer
presiding.

Prayer was offered by the Reverend Lil Johnston, pastor of the
Trinity Lutheran Church in Alta, Iowa. She was the guest of Senator
Freeman.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Pages Ember Leonard
and Micky Snieder.

The Journal of Thursday, February 28, 2002, was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator King, until he arrives, on request of Senator Behn.

RECESS

On motion of Senator Iverson, the Senate recessed at 1:45 p.m.
until 4:30 p.m.


APPENDIX

CERTIFICATE OF RECOGNITION

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

Kristopher Lee Reckemmer, Oelwein - For achieving the rank of Eagle Scout, Boy
Scout Troop 37. Senator Rehberg (03/04/02).

REPORTS OF COMMITTEE MEETINGS

BUSINESS AND LABOR RELATIONS

Convened: March 4, 2002, 2:00 p.m.

Members Present: Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking Member;
Behn, Hammond, Horn, King, McKibben, and Schuerer.

Members Absent: Fraise and Lundby (both excused).

Committee Business: Presentation by Gail A. Sheridan-Lucht, attorney for Labor
Commissioner, on child labor laws.

Adjourned: 2:55 p.m.

COMMERCE

Convened: March 4, 2002, 2:55 p.m.

Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member;
Bolkcom, Freeman, Gronstal, King, Lord, Lundby, Maddox, and Redwine.

Members Absent: Flynn, Hansen, McCoy, and Redfern (all excused).

Committee Business: Approved Governor's appointees.

Adjourned: 3:39 p.m.

EDUCATION

Convened: March 4, 2002, 1:50 p.m.

Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
Member; Angelo, Dvorsky, Fink, Harper, Kramer, McKinley, Redwine, Shearer,
Soukup, Tinsman, and Veenstra.

Members Absent: Redfern (excused).

Committee Business: Passed HFs 2151, 2319, and 2394.

Adjourned: 2:30 p.m.

HUMAN RESOURCES

Convened: March 4, 2002, 3:55 p.m.

Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking
Member; Behn, Boettger, Dvorsky, Harper, McKibben, Miller, Schuerer, Shearer, and
Veenstra.

Members Absent: Holveck (excused).

Committee Business: Passed HF 2190.

Adjourned: 4:02 p.m.

INTRODUCTION OF BILL

Senate File 2308, by committee on Ways and Means, a bill for an
act relating to the utility replacement tax, and providing for the Act's
retroactive applicability.

Read first time under Rule 28 and placed on Ways and Means
calendar.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2191

APPROPRIATIONS: Redfern, Chair; Horn and Kramer

Senate File 2283

APPROPRIATIONS: Angelo, Chair; Dvorsky and Lamberti

House File 678
(Reassignment)

JUDICIARY: Tinsman, Chair; Hansen and Redfern

House File 2363

JUDICIARY: Maddox, Chair; Horn and Tinsman


COMMITTEE REPORTS

EDUCATION

Final Bill Action: HOUSE FILE 2151, a bill for an act adding certain information
concerning school security or emergency preparedness to the list of public records kept
confidential.

Recommendation: DO PASS.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
Kramer, McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


ALSO:

Final Bill Action: HOUSE FILE 2319, a bill for an act relating to the disposition of
property by an area education agency.

Recommendation: DO PASS.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
Kramer, McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


ALSO:

Final Bill Action: HOUSE FILE 2394, a bill for an act eliminating teacher licensure
of community college faculty; requiring community colleges to develop, approve, and
implement a quality faculty plan; and providing for related matters and effective dates.

Recommendation: DO PASS.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
Kramer, McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


WAYS AND MEANS

Final Bill Action: *SENATE FILE 2308 (SSB 3139), a bill for an act relating to the
utility replacement tax, and providing for the Act's retroactive applicability.

Recommendation: APPROVED COMMITTEE BILL.


Final Vote: Ayes, 14: McKibben, McKinley, Harper, Bolkcom, Connolly, Drake,
Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays,
none. Absent or not voting, 1: Deluhery.

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 Ways and Means Committee on Senate File 2308, and
they were attached to the committee report.

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on March 1, 2002,
the Governor approved and transmitted to the Secretary of State the
following bills:

S.F. 165 - Enacting the Iowa English language reaffirmation Act of 2001.

S.F. 2018 - Relating to the number of days of payment for expenses of office for
members of the general assembly for the 2002 Regular Session of the Seventy-ninth
General Assembly and including effective date and retroactive applicability provisions.

S.F. 2051 - Relating to the creation of a state interagency Missouri river authority
and specifying its powers and duties.

S.F. 2304 - Relating to public funding and regulatory matters and making,
reducing, and transferring appropriations for the fiscal year beginning July 1, 2001,
and including an effective date.

GOVERNOR'S VETO MESSAGE

March 1, 2002

The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L

Dear President Kramer:

I hereby disapprove and transfer Senate File 2121, an act relating to permitted and
prohibited occupations for certain child laborers involving motor vehicle cleaning,
washing, and polishing, and providing an effective date.

As it is drafted, Senate File 2121 would exempt businesses engaged in automobile
cleaning from the current child labor laws that prohibit youth from working with
dangerous or poisonous dyes or chemicals [Iowa Code 92.8(19)]. As written, this bill
would allow workers under 18 years old to come into contact with any chemical used in

the automobile cleaning, washing, and polishing processes-including those that are
corrosive, toxic, and even potentially fatal.

Our child labor laws were created to provide safeguards for young people in the
workplace. While I realize the important role that summer and after-school jobs play
to instill the value of hard work to our young people, we must strike a balance that will
afford our youth this opportunity for rewarding experience while also maintaining their
health and safety. Although this bill would require youth to use protective equipment,
I am not convinced that this requirement will always provide adequate protections
from toxic, corrosive, or potentially fatal chemicals.

Senate File 2121 was originally designed to provide businesses a vehicle through
which they could continue to employ teenagers in car washing jobs. No one disagrees
with the goal of continued employment for our young people in cleaning automobiles.
Unfortunately, the billís language goes too far and could allow child laborers to be put
into dangerous work settings.

Realizing that the solution to this issue must be a two-prong approach that ensures
both employment access and worker safety, I have instructed the Iowa Division of
Labor to issue an official interpretation of "dangerous or poisonous dyes or chemicals"
as it relates to our child labor laws. This interpretation will clarify the chemicals that
child laborers may come into contact with while maintaining the safety that they need
in the workplace. Earlier today, the Labor Commissioner issued this official
interpretation of the definition of "dangerous or poisonous dyes or chemicals" as
referenced in Iowa Code 92.8(19). Further, I have directed the Division of Labor to
continue to work with the automobile dealers in our state to ensure that we strike the
right balance to maintain both safety and employment opportunities for young Iowans.

Given the new interpretation of the child labor provisions and the continued
commitment of all parties to find a workable, real world solution to this issue, Senate
File 2121 no longer appears necessary.

For the above reasons, I hereby respectfully disapprove Senate File 2121.

Sincerely,
THOMAS J. VILSACK
Governor


RECONVENED

The Senate reconvened at 4:31 p.m., President Pro Tempore
McKean presiding.

The Senate stood at ease at 4:32 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 5:53 p.m., President Kramer
presiding.

QUORUM CALL

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

The vote revealed 43 present, 6 absent, and a quorum present.

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 2155 and 2169.

Senate File 2155

On motion of Senator Schuerer, Senate File 2155, a bill for an act
providing for the issuance of out-of-hospital do-not-resuscitate orders
and making penalties applicable, was taken up for consideration.

Senator Schuerer 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. 2155), the vote was:


Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Kibbie King Kramer
Lamberti Lord 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:
Jensen

 


Vacant, 1.

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

Senate File 2169

On motion of Senator Black, Senate File 2169, a bill for an act
relating to the regulation and protection of wildlife by prohibiting the
taking of mussels with a sport fishing license and including black
bears and mountain lions as fur-bearing animals, was taken up for
consideration.

Senator King offered amendment S-5095, filed by Senators King
and Behn from the floor to page 1 of the bill.

Senator King asked and received unanimous consent that action
on amendment S-5095 and Senate File 2169 be deferred.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate Joint Resolution 2003.


Senate Joint Resolution 2003

On motion of Senator Schuerer, Senate Joint Resolution 2003, a
resolution requesting the proposal of an amendment to the
Constitution of the United States restricting the ability of the federal
judiciary to mandate any state or subdivision of any state to levy or
increase taxes, with report of committee recommending passage, was
taken up for consideration.

Senator Hammond asked and received unanimous consent that
action on Senate Joint Resolution 2003 be deferred.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Fink, for the remainder of the day, on request of Senator Dvorsky; and
Senator Lord, until he returns, on request of Senator Freeman.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration House File 2138.

House File 2138

On motion of Senator Redwine, House File 2138, a bill for an act
authorizing the college student aid commission to waive or modify
statutory or regulatory provisions applicable to state financial aid
programs for affected students in the event of a national emergency,
with report of committee recommending amendment and passage,
was taken up for consideration.

Senator Redwine offered amendment S-5031, filed by the
committee on Education on February 12, 2002, to page 3 and to the
title page of the bill, and moved its adoption.

Amendment S-5031 was adopted by a voice vote.


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?" (H.F. 2138), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen 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:
Fink Lord

 


Vacant, 1.

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
Senate File 2155 and House File 2138 be immediately messaged
to the House.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 2272, House File 2139, and Senate
File 2190.


Senate File 2272

On motion of Senator Redfern, Senate File 2272, a bill for an act
providing for agricultural land held by individuals lawfully admitted
into the United States for permanent residence, and making penalties
applicable, 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. 2272), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen 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:
Fink Lord

 


Vacant, 1.

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

House File 2139

On motion of Senator Angelo, House File 2139, a bill for an act to
increase the maximum amount of a vocational-technical tuition grant,
with report of committee recommending passage, was taken up for
consideration.


Senator Fiegen asked and received unanimous consent that action
on House File 2139 be deferred.

Senate File 2190

On motion of Senator McKibben, Senate File 2190, a bill for an
act concerning workers' compensation, was taken up for con-
sideration.

Senator McKibben offered amendment S-5099, filed by him from
the floor to page 2 of the bill, and moved its adoption.

Amendment S-5099 was adopted by a voice vote.

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?" (S.F. 2190), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen 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:
Fink Lord

 


Vacant, 1.

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 2190 and 2272 be immediately messaged to the
House.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2212, House File 2112, and Senate
File 2160.

Senate File 2212

On motion of Senator Freeman, Senate File 2212, a bill for an act
relating to secured transactions, by providing for landlord liens, was
taken up for consideration.

Senator Fiegen asked and received unanimous consent that action
on Senate File 2212 be deferred.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

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

House File 2112

On motion of Senator Houser, House File 2112, a bill for an act
requiring motor vehicle operators to take certain precautions when
passing stationary authorized emergency, towing, recovery, and
highway maintenance vehicles and providing a penalty, with report of
committee recommending passage, was taken up for consideration.

Senator Houser 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. 2112), the vote was:


Ayes, 46:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen 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, 3:
Fink Lord McCoy

 


Vacant, 1.

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

Senate File 2160

On motion of Senator Greiner, Senate File 2160, a bill for an act
relating to the dry fire hydrant and rural water supply education and
demonstration project, with report of committee recommending
passage, was taken up for consideration.

Senator Greiner 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. 2160), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen 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:
Fink Lord

 


Vacant, 1.

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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 2160 and House File 2112 be immediately messaged
to the House.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 2277, 2286, 2271, and 2138.

Senate File 2277

On motion of Senator King, Senate File 2277, a bill for an act
creating a new category of confidential public records in the custody
of certain airports, municipal corporations, utilities, or water
districts, and allowing a governmental body to hold a closed session to
discuss such confidential records, was taken up for consideration.

Senator Angelo offered amendment S-5091, filed by Senators
Angelo and Dvorsky on February 28, 2002, to page 1 of the bill.

Senator King called for the following division of amendment
S-5091:


Division S-5091A: Lines 5-7; and
Division S-5091B: Lines 2-4 and 8-10.

Senator Angelo moved the adoption of division S-5091A.

A nonrecord roll call was requested.

The ayes were 22, nays 25.

Division S-5091A lost.

Senator Angelo moved the adoption of division S-5091B.

A record roll call was requested.

On the question "Shall division S-5091B be adopted?"
(S.F. 2277), the vote was:

Ayes, 42:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Dvorsky Fiegen Flynn Fraise
Freeman Gaskill Greiner Gronstal
Hammond Hansen Harper Holveck
Horn Houser Iverson Kibbie
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben Miller
Redfern Redwine Rehberg Rittmer
Schuerer Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, 5:
Drake Jensen King McKinley
Sexton

 


Absent or not voting, 2:
Fink Lord

 


Vacant, 1.

Division S-5091B was adopted.


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?" (S.F. 2277), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen 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:
Fink Lord

 


Vacant, 1.

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

Senate File 2286

On motion of Senator Angelo, Senate File 2286, a bill for an act
relating to the civil commitment of sexually violent predators, was
taken up for consideration.

Senator Angelo offered amendment S-5086, filed by him on
February 28, 2002, to pages 1, 3-5, 11, 14-16, 18-20, and to the title
page of the bill, and moved its adoption.

Amendment S-5086 was adopted by a voice vote.

Senator Angelo offered amendment S-5087, filed by him on
February 28, 2002, to page 20 of the bill, and moved its adoption.

Amendment S-5087 was adopted by a voice vote.

Senator Hansen asked and received unanimous consent that
action on Senate File 2286 be deferred.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators McKean and Redfern, for the remainder of the day, on request of Senator
Angelo; and Senator Fraise, for the remainder of the day, on request of Senator
Gronstal.

Senate File 2271

On motion of Senator Rehberg, Senate File 2271, a bill for an act
relating to the amount of state assistance provided to each school
district to purchase textbooks for accredited nonpublic school pupils,
was taken up for consideration.

Senator Rehberg 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. 2271), the vote was:

Ayes, 43:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Freeman Gaskill Greiner Gronstal
Hansen Harper Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lundby
Maddox McCoy McKibben McKinley
Miller Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, 1:
Hammond

 




Absent or not voting, 5:
Fink Fraise Lord McKean
Redfern

 


Vacant, 1.

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

Senate File 2138

On motion of Senator Tinsman, Senate File 2138, a bill for an act
authorizing the department of justice to administer the violence
against women program, was taken up for consideration.

Senator Tinsman asked and received unanimous consent that
House File 2345 be substituted for Senate File 2138.

House File 2345

On motion of Senator Tinsman, House File 2345, a bill for an act
authorizing the department of justice to administer the violence
against women program, was taken up for consideration.

Senator Tinsman 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. 2345), the vote was:

Ayes, 43:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Freeman Gaskill Greiner Gronstal
Hammond Hansen Harper Holveck
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lundby Maddox McCoy McKibben
McKinley Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 6:
Fink Fraise Lord McKean
Miller Redfern

 


Vacant, 1.

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

WITHDRAWN

Senator Tinsman asked and received unanimous consent that
Senate File 2138 be withdrawn from further consideration of the
Senate.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Gaskill asked and received unanimous consent to take up
for consideration Senate File 2215.

Senate File 2215

On motion of Senator Gaskill, Senate File 2215, a bill for an act
relating to farm aid associations, by providing for the future
termination of such associations and election procedures to become
governed under the Iowa nonprofit corporation Act, with report of
committee recommending passage, was taken up for consideration.

Senator Gaskill offered amendment S-5103, filed by him from the
floor to the title page of the bill, and moved its adoption.

Amendment S-5103 was adopted by a voice vote.

Senator Gaskill asked and received unanimous consent that
House File 2492 be substituted for Senate File 2215.

House File 2492

On motion of Senator Gaskill, House File 2492, a bill for an act
relating to farm aid associations, by providing for the future
termination of such associations and election procedures to become

governed under the Iowa nonprofit corporation Act, and providing an
effective date, was taken up for consideration.

Senator Gaskill 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. 2492), the vote was:

Ayes, 41:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Freeman Gaskill Greiner Gronstal
Hammond Hansen Harper Holveck
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lundby
Maddox McKibben McKinley Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, 1:
McCoy

 


Absent or not voting, 7:
Fink Fraise Horn Lord
McKean Miller Redfern

 


Vacant, 1.

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

WITHDRAWN

Senator Gaskill asked and received unanimous consent that
Senate File 2215 be withdrawn from further consideration of the
Senate.


IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 2271 and 2277 and House Files 2345 and 2492 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 March 4, 2002, passed the following bills in which the concurrence of the
Senate is asked:

House File 525, a bill for an act relating to the imposition of a
sentence for an additional term of years for persons convicted of
certain criminal offenses.

Read first time and referred to committee on Judiciary.

House File 2264, a bill for an act relating to informed consent to
an abortion and providing a criminal penalty, and providing an
effective date.

Read first time and referred to committee on Human Resources.

House File 2395, a bill for an act relating to child support
including provisions relating to medical support and the calculation of
the child support amount relative to receipt of federal social security
benefits.

Read first time and attached to similar Senate File 2270.

House File 2446, a bill for an act relating to the proposed uniform
computer information transactions Act.

Read first time and referred to committee on Commerce.

House File 2517, a bill for an act relating to the operations of and
programs for school districts, accredited nonpublic schools, and
community colleges.

Read first time and referred to committee on Education.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 8:43 p.m.
until 9:00 a.m. Tuesday, March 5, 2002.

APPENDIX

INTRODUCTION OF BILL

Senate File 2309, by Iverson and Gronstal, a bill for an act
providing for regulation of processors, providing for penalties, and
providing an effective date and for retroactive applicability.

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

COMMITTEE REPORT

HUMAN RESOURCES

Final Bill Action: HOUSE FILE 2190, a bill for an act relating to the procedural
requirements for foreign and international adoption, providing for applicability, and
providing an effective date.

Recommendation: DO PASS.

Final Vote: Ayes, 12: Redwine, Tinsman, Hammond, Behn, Boettger, Dvorsky,
Harper, McKibben, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or
not voting, 1: Holveck.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

GOVERNORíS APPOINTEE PLACED ON
EN BLOC CALENDAR

The following appointee, assigned to standing committee for
investigation, was placed on the En Bloc Calendar with
recommendation for confirmation:

STATE GOVERNMENT

Patrick J. Palmersheim - Executive Director of the Commission of Veterans Affairs

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 4th day of March,
2002:

Senate File 335.

MICHAEL E. MARSHALL
Secretary of the Senate

AMENDMENTS FILED

S-5095 S.F. 2169 Steve King
Jerry Behn
S-5096 S.F. 2288 Jeff Angelo
S-5097 S.J.R. 2002 Mike Connolly
S-5098 S.F. 2275 Ken Veenstra
S-5099 S.F. 2190 Larry McKibben
S-5100 S.F. 2205 Maggie Tinsman
S-5101 S.F. 2281 Richard F. Drake
John P. Kibbie
S-5102 S.J.R. 2003 Jack Holveck
Neal Schuerer
Johnie Hammond
S-5103 S.F. 2215 E. Thurman Gaskill
S-5104 S.F. 2144 Steven D. Hansen

Previous Day: Thursday, February 28Next Day: Tuesday, March 5
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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