have passed the Senate and the title was agreed to.
RULING ON SENATE FILE 2106
The Chair announced the following ruling with regard to the vote
on Senate File 2106:
Article III, Section 17 of the Constitution of the State of Iowa
provides in pertinent part that "No bill shall be passed unless by the
assent of a majority of all the members elected to each branch of the
general assembly." Due to the current vacancy in Senate District 10,
there are only forty-nine elected members in the Senate at this time.
The Chair therefore concluded that twenty-five senators now
constituted a majority of the members elected to the Senate, pursuant
to Article III, Section 17. Accordingly, the Chair ruled that Senate
File 2106, having received twenty-five votes, had received a
constitutional majority.
The following motion to reconsider, filed by Senator Sexton from
the floor, was out of order since Senator Sexton was not on the
prevailing side as required by Senate Rule 24:
MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2106
failed to pass the Senate on March 6, 2002.
Senator Schuerer withdrew the following motion to reconsider filed
by him from the floor:
MADAM PRESIDENT: I move to reconsider the vote by which Senate File 2106
passed the Senate on March 6, 2002.
The Chair stated that 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 2144 be immediately messaged to the House.
Senator Iverson moved that Senate File 2106 be immediately
messaged to the House.
Senator Connolly raised the point of order on whether the judiciary
had been consulted with respect to the Chair's ruling on Senate
File 2106 or whether the Chair had concluded this was solely a
legislative matter at this time.
The Chair stated that the question regarding the number of
members required to comprise a constitutional majority of the Senate
was presently a legislative matter, so the judiciary had not been
consulted.
Senator Gronstal requested that the messaging of Senate File 2106
be postponed for a day.
Senator Iverson withdrew his motion to immediately message
Senate File 2106.
The Chair stated that Senate File 2106 would not be 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 6, 2002, passed the following bills in which the concurrence of the
House was asked:
Senate File 2145, a bill for an act relating to terminology and
eligibility for assistance under the sewage treatment and drinking
water facilities financing program.
Senate File 2207, a bill for an act relating to the acquisition,
enforceability, and purpose of conservation easements.
ALSO: That the House has on March 6, 2002, amended and passed the following
bill in which the concurrence of the House was asked:
Senate File 2141, a bill for an act authorizing sheriffs to appoint
civil process servers. (S-5131)
ALSO: That the House has on March 6, 2002, passed the following bills in which
the concurrence of the Senate is asked:
House File 2378, a bill for an act relating to the enterprise zone
program and providing an effective date.
Read first time and passed on file.
House File 2399, a bill for an act relating to the requirements of a
case permanency plan for a child in an out-of-home placement who is
age sixteen or older.
Read first time and referred to committee on Human Resources.
House File 2453, a bill for an act relating to the offices of the
state and county medical examiners, establishing fees, and making
penalties applicable.
Read first time and referred to committee on Human Resources.
House File 2467, a bill for an act providing for licensure sanctions
against defaulters of designated loan and scholarship programs.
Read first time and referred to committee on Education.
House File 2475, a bill for an act providing for the establishment
and perfection of a security interest in certain education loans.
Read first time and attached to companion Senate File 2189.
House File 2487, a bill for an act relating to the designation of
specific children's hospitals as qualified hospitals under the medical
assistance disproportionate share hospital payment program.
Read first time and referred to committee on Appropriations.
House File 2536, a bill for an act relating to advertisements for
requests for bids and proposals by state government.
Read first time and referred to committee on State Government.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 9:05 p.m.
until 9:00 a.m. Thursday, March 7, 2002.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: March 6, 2002, 9:43 a.m.
Members Present: Tinsman, Chair; Rittmer, Vice Chair; Bolkcom, Ranking Member;
Dearden, and Lord.
Members Absent: None.
Committee Business: Budget reports from Governor's Office of Drug Control Policy,
Iowa Veteran's Home, and Commission of Veteran's Affairs.
Adjourned: 11:46 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: March 6, 2002, 9:43 a.m.
Members Present: Veenstra, Chair; Houser, Vice Chair; Hammond, Ranking
Member; and Harper.
Members Absent: Redwine (excused).
Committee Business: Presentations on decategorization and on the Oklahoma
Marriage Initiative.
Adjourned: 11:23 a.m.
JUDICIARY
Convened: March 6, 2002, 1:10 p.m.
Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member;
Angelo, Boettger, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller,
and Tinsman.
Members Absent: Fiegen (excused).
Committee Business: Passed HFs 2191 (as amended), 2339, and 2363.
Adjourned: 2:05 p.m.
INTRODUCTION OF BILLS
Senate File 2311, by Lundby, a bill for an act modifying
allocations and apportionments of road use tax funds.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 2312, by Redwine, a bill for an act relating to the
establishment of medical savings accounts and associated tax
incentives and including an applicability date provision.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 2313, by Holveck, a bill for an act relating to replica
or facsimile firearms and providing penalties.
Read first time under Rule 28 and referred to committee on
Judiciary.
SUBCOMMITTEE ASSIGNMENT
House File 2531
JUDICIARY: Redfern, Chair; Holveck and Maddox
COMMITTEE REPORTS
JUDICIARY
Final Bill Action: HOUSE FILE 2339, a bill for an act relating to the filing of a
supersedeas bond.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Maddox, Angelo, Boettger, Fraise, Hammond, Hansen, King,
Lamberti, Miller, and Tinsman. Nays, none. Present, 2: Redfern and Holveck.
Absent or not voting, 3: Fiegen, Horn, and McKean.
| Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. |
ALSO:
Final Bill Action: HOUSE FILE 2363, a bill for an act relating to the possession of
firearms or offensive weapons by felons.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Maddox, Redfern, Holveck, Angelo, Boettger, Fraise,
Hammond, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent
or not voting, 2: Fiegen and Hansen.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 111, a Senate resolution honoring
Commandant Jack Dack of the Iowa Veterans Home upon his retirement.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTES
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 6, 2002, when the votes were taken on Senate Files 2107, 2197, 2228, and 2279
and House File 2395. Had I been present, I would have voted "Aye" on all.
THOMAS L. FIEGEN
WITHDRAWAL OF GOVERNOR'S APPOINTEE
The following letter from the Governor was received in the office of
the Secretary of the Senate on March 6, 2002:
I submitted the name of Maria Hadar to serve on the Board of Optometry
Examiners on May 24, 2001. I am withdrawing her name from further consideration
by the Senate.
Thank you.
Sincerely,
THOMAS J. VILSACK
Governor
BILL SIGNED BY THE GOVERNOR
A communication was received announcing that on March 6, 2002,
the Governor approved and transmitted to the Secretary of State the
following bill:
S.F. 335 - Relating to species of animals by classifying certain species as livestock,
providing exemptions from the sales and use tax for feed used to support the species,
providing for refunds, and including an effective date and retroactive applicability
provision.
AMENDMENTS FILED
S-5115 S.F. 2197 Mike Sexton
S-5116 S.F. 2267 Gene Maddox
S-5117 S.F. 2270 Mark Shearer
S-5118 S.F. 2292 John W. Jensen
Michael E. Gronstal
S-5119 S.F. 2279 Michael E. Gronstal
John W. Jensen
S-5120 S.F. 2205 Maggie Tinsman
Nancy Boettger
Kitty Rehberg
S-5121 S.F. 2106 Neal Schuerer
S-5122 S.F. 2106 Neal Schuerer
S-5123 S.F. 2106 Neal Schuerer
S-5124 S.F. 2106 Maggie Tinsman
S-5125 S.F. 2144 David Miller
S-5126 S.F. 2267 Andy McKean
David Miller
Larry McKibben
Nancy Boettger
S-5127 S.F. 2106 Maggie Tinsman
S-5128 S.F. 2286 Robert E. Dvorsky
S-5129 S.F. 2106 Matt McCoy
S-5130 S.F. 2267 Robert E. Dvorsky
S-5131 S.F. 2141 House
| Previous Day: Tuesday, March 5 | Next Day: Thursday, March 7 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
sjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Mon Mar 25 10:40:00 CST 2002
URL: /DOCS/GA/79GA/Session.2/SJournal/Day/0306.html
jhf