Senate Journal: Thursday, March 7, 2002
JOURNAL OF THE SENATE
__________
FIFTY-THIRD CALENDAR DAY
THIRTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 7, 2002
The Senate met in regular session at 9:08 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Damon Hall, pastor of the
Grace Baptist Church in Waverly, Iowa. He was the guest of Senator
Drake.
The Journal of Wednesday, March 6, 2002, was approved.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Angelo asked and received unanimous consent to take up
for consideration Senate Resolution 111.
On motion of Senator McKibben, Senate Resolution 111, a
Senate resolution honoring Commandant Jack Dack of the Iowa
Veterans Home upon his retirement, with report of committee
recommending passage, was taken up for consideration.
Senator McKibben welcomed to the chamber various veterans
groups and the Chamber of Commerce from Marshalltown. Senator
McKibben introduced Commandant Jack Dack and his wife Twilla.
Senator McKibben moved the adoption of Senate Resolution 111,
which motion prevailed by a voice vote.
Commandant Dack addressed the Senate with brief remarks.
The Senate rose and expressed its appreciation.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Gaskill, for the day, on request of Senator Sexton.
RECESS
On motion of Senator Angelo, the Senate recessed at 9:42 a.m.
until 2:00 p.m.
APPENDIX
REPORTS OF COMMITTEE MEETINGS
RULES AND ADMINISTRATION
Convened: March 6, 2002, 9:05 p.m.
Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Dvorsky, Fink, Gaskill, Harper, Lord, McKean, and Rittmer.
Members Absent: None.
Committee Business: Approved SR 111.
Adjourned: 9:06 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: March 7, 2002, 10:08 a.m.
Members Present: Zieman, Vice Chair; Flynn, Ranking Member; and Drake.
Members Absent: Schuerer, Chair; and Hansen (both excused).
Committee Business: Presentation by the director of the Department of Commerce.
Adjourned: 10:50 a.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: March 7, 2002, 9:55 a.m.
Members Present: McKinley, Chair; Miller, Vice Chair; and Behn.
Members Absent: Fiegen, Ranking Member; and Holveck (both excused).
Committee Business: Presentation by C. J. Niles, Department of Economic
Development.
Adjourned: 11:00 a.m.
APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES
Convened: March 7, 2002, 9:55 a.m.
Members Present: Veenstra, Chair; Houser, Vice Chair; Hammond, Ranking
Member; and Harper.
Members Absent: Redwine (excused).
Committee Business: Presentations by Jessie Rasmussen, Director of Human
Services on Core Services program.
Adjourned: 11:55 a.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: March 7, 2002, 9:55 a.m.
Members Present: Angelo, Chair; McKean, Vice Chair; Dvorsky, Ranking Member;
Fraise and Maddox.
Members Absent: None.
Committee Business: Presentations by Clay Gavin, Iowa District Clerks, Dwight
Dinkla, Iowa State Bar Association, and David Boyd, Deputy State Court
Administrator.
Adjourned: 11:20 a.m.
APPROPRIATIONS
Convened: March 7, 2002, 1:30 p.m.
Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
Angelo, Black, Bolkcom, Connolly, Dvorsky, Fiegen, Hammond, Horn, Jensen, King,
McKibben, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
Members Absent: Deluhery, Gaskill, Lundby, McKinley, and Redfern (all excused).
Committee Business: Passed SF 2124.
Adjourned: 1:35 p.m.
SUBCOMMITTEE ASSIGNMENTS
House File 2109
STATE GOVERNMENT: Sexton, Chair; Kibbie and King
House File 2264
HUMAN RESOURCES: Redwine, Chair; Boettger and Harper
House File 2377
STATE GOVERNMENT: Jensen, Chair; Connolly and Drake
House File 2454
EDUCATION: Boettger, Chair; Angelo and Connolly
House File 2467
EDUCATION: Redwine, Chair; Dvorsky and Rehberg
House File 2472
STATE GOVERNMENT: King, Chair; Connolly and Rittmer
House File 2517
EDUCATION: McKinley, Chair; Boettger and Harper
House File 2532
STATE GOVERNMENT: Rittmer, Chair; Drake and Kibbie
House File 2538
STATE GOVERNMENT: Lamberti, Chair; Connolly and McKean
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE FILE 2124, a bill for an act relating to the department of
public defense by amending the state military code and the Iowa code of military
justice, creating a statewide mutual aid compact, providing for the confidentiality of
certain records, exempting the department of public defense from certain state service
contract requirements and state competitive bidding requirements, exempting the Iowa
technology center from anticompetition provisions, increasing a standing
appropriation, providing criminal penalties for violations, and providing effective dates.
Recommendation: DO PASS.
Final Vote: Ayes, 20: Lamberti, Kramer, Flynn, Angelo, Black, Bolkcom, Connolly,
Dvorsky, Fiegen, Hammond, Horn, Jensen, King, McKibben, Rehberg, Schuerer,
Soukup, Tinsman, Veenstra, and Zieman. Nays, none. Absent or not voting, 5:
Deluhery, Gaskill, Lundby, McKinley, and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: HOUSE FILE 2191, a bill for an act relating to notarial acts by
judicial officers.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5133.
Final Vote: Ayes, 13: Maddox, Redfern, Holveck, Angelo, Boettger, Fraise,
Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent
or not voting, 2: Fiegen and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BILL ASSIGNED TO COMMITTEE
President Kramer announced the assignment of House File 2378
to the committee on Small Business, Economic Development, and
Tourism.
AFTERNOON SESSION
The Senate reconvened at 2:02 p.m., President Kramer presiding.
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 7, 2002, passed the following bills in which the concurrence of the
Senate is asked:
House File 2409, a bill for an act relating to election misconduct
and providing criminal penalties.
Read first time and referred to committee on State Government.
House File 2497, a bill for an act relating to charges imposed on
unclaimed gift certificates.
Read first time and referred to committee on Commerce.
House File 2558, a bill for an act relating to the continuance of
stays or other temporary remedies during the pendency of appeals of
final judgments of judicial review proceedings.
Read first time and referred to committee on Judiciary.
House File 2571, a bill for an act relating to the establishment of
an Iowa cultural trust, an Iowa cultural trust fund, and an Iowa
cultural trust grant account, providing for the issuance of trust fund
credits, and providing for related matters.
Read first time and referred to committee on Education.
The Senate stood at ease at 2:04 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 2:55 p.m., President Kramer
presiding.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Freeman and Iverson, for the day, on request of Senator Houser; and
Senator Fraise, until he returns, on request of Senator Gronstal.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2275.
Senate File 2275
On motion of Senator Redfern, Senate File 2275, a bill for an act
relating to statutory corrections which may adjust language to reflect
current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and
conflicts, update ongoing provisions, or remove ambiguities and
including effective and retroactive applicability date provisions, was
taken up for consideration.
Senator Veenstra withdrew amendment S-5098, filed by him on
March 4, 2002, to page 43 of the bill.
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. 2275), the vote was:
Ayes, 45:
|
Angelo | Behn | Black | Boettger |
|
Bolkcom | Connolly | Dearden | Deluhery |
|
Drake | Dvorsky | Fiegen | Fink |
|
Flynn | Greiner | Gronstal | Hammond |
|
Hansen | Harper | Holveck | Horn |
|
Houser | Jensen | 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, 4:
|
Fraise | Freeman | Gaskill | Iverson |
|
|
Vacant, 1.
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 Shearer and Soukup, until they return, on request of Senator Gronstal.
UNFINISHED BUSINESS
(Deferred March 4, 2002)
House File 2139
The Senate resumed consideration of House File 2139, a bill for
an act to increase the maximum amount of a vocational-technical
tuition grant, deferred March 4, 2002.
Senator Fiegen offered amendment S-5113, filed by him on
March 5, 2002, to page 1 and to the title page of the bill.
Senator Angelo raised the point of order that amendment S-5113
was not germane to the bill.
The Chair ruled the point well-taken and amendment S-5113 out
of order.
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. 2139), the vote was:
Ayes, 43:
|
Angelo | Behn | Black | Boettger |
|
Bolkcom | Connolly | Dearden | Deluhery |
|
Drake | Dvorsky | Fiegen | Fink |
|
Flynn | Greiner | Gronstal | Hammond |
|
Hansen | Harper | Holveck | Horn |
|
Houser | Jensen | Kibbie | King |
|
Kramer | Lamberti | Lord | Lundby |
|
Maddox | McCoy | McKean | McKibben |
|
McKinley | Miller | Redfern | Redwine |
|
Rehberg | Rittmer | Schuerer | Sexton |
|
Tinsman | Veenstra | Zieman |
|
|
Nays, none.
Absent or not voting, 6:
|
Fraise | Freeman | Gaskill | Iverson |
|
Shearer | Soukup |
|
|
Vacant, 1.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2124.
Senate File 2124
On motion of Senator Jensen, Senate File 2124, a bill for an act
relating to the department of public defense by amending the state
military code and the Iowa code of military justice, creating a
statewide mutual aid compact, providing for the confidentiality of
certain records, exempting the department of public defense from
certain state service contract requirements and state competitive
bidding requirements, exempting the Iowa technology center from
anticompetition provisions, increasing a standing appropriation,
providing criminal penalties for violations, and providing effective
dates, with report of committee on Appropriations recommending
passage, was taken up for consideration.
Senator Holveck asked and received unanimous consent that
action on Senate File 2124 be deferred.
UNFINISHED BUSINESS
(Deferred March 6, 2002)
Senate File 2286
The Senate resumed consideration of Senate File 2286, a bill for
an act relating to the civil commitment of sexually violent predators,
deferred March 6, 2002.
Senator Dvorsky called up the following motion to reconsider filed
by him from the floor and moved its adoption:
MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5087
to Senate File 2286 was adopted by the Senate on March 4, 2002.
The motion prevailed by a voice vote and amendment S-5087, by
Senator Angelo to page 20 of the bill, was take up for reconsideration.
Senator Dvorsky withdrew amendment S-5128, filed by him on
March 6, 2002, to page 1 of amendment S-5087.
Senator Dvorsky offered amendment S-5136, filed by him from the
floor to page 1 of amendment S-5087.
Senator Tinsman asked unanimous consent that action on
amendment S-5136 to amendment S-5087 and Senate File 2286 be
deferred.
Senator Tinsman withdrew her request.
Senator Dvorsky moved the adoption of amendment S-5136 to
amendment S-5087, which motion prevailed by a voice vote.
Senator Angelo moved the adoption of amendment S-5087, as
amended, which motion prevailed by a voice vote.
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?" (S.F. 2286), the vote was:
Ayes, 44:
|
Angelo | Behn | Black | Boettger |
|
Bolkcom | Connolly | Dearden | Deluhery |
|
Drake | Dvorsky | Fiegen | Fink |
|
Flynn | Fraise | Gronstal | Hammond |
|
Hansen | Harper | Horn | Houser |
|
Jensen | 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, 5:
|
Freeman | Gaskill | Greiner | Holveck |
|
Iverson |
|
|
Vacant, 1.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
The Senate stood at ease at 3:40 p.m. until the fall of the gavel.
The Senate resumed session at 3:56 p.m., President Kramer
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Greiner, for the remainder of the day, on request of Senator Houser.
BUSINESS PENDING
Senate File 2124
The Senate resumed consideration of Senate File 2124, a bill for
an act relating to the department of public defense by amending the
state military code and the Iowa code of military justice, creating a
statewide mutual aid compact, providing for the confidentiality of
certain records, exempting the department of public defense from
certain state service contract requirements and state competitive
bidding requirements, exempting the Iowa technology center from
anticompetition provisions, increasing a standing appropriation,
providing criminal penalties for violations, and providing effective
dates, previously deferred.
Senator Jensen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question "Shall the bill pass?" (S.F. 2124), the vote was:
Ayes, 45:
|
Angelo | Behn | Black | Boettger |
|
Bolkcom | Connolly | Dearden | Deluhery |
|
Drake | Dvorsky | Fiegen | Fink |
|
Flynn | Fraise | Gronstal | Hammond |
|
Hansen | Harper | Holveck | Horn |
|
Houser | Jensen | 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, 4:
|
Freeman | Gaskill | Greiner | Iverson |
|
|
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 Angelo asked and received unanimous consent that
Senate Files 2106, 2124, 2275, 2286, and House File 2139 be
immediately messaged to the House.
ADJOURNMENT
On motion of Senator Angelo, the Senate adjourned at 4:04 p.m.
until 1:00 p.m. Monday, March 11, 2002.
APPENDIX
CERTIFICATE OF RECOGNITION
The Secretary of the Senate issued the following certificate of
recognition:
Larry Milledge, Chariton - For induction into the Iowa High School Baseball
Coaches' Association Hall of Fame. Senator McKinley (03/07/02).
REPORT OF COMMITTEE MEETING
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS
Convened: March 7, 2002, 10:03 a.m.
Members Present: Tinsman, Chair; Rittmer, Vice Chair; Bolkcom, Ranking Member;
and Lord.
Members Absent: Dearden (excused).
Committee Business: Presentation by the Department of Elder Affairs concerning
budget issues.
Adjourned: 11:53 a.m.
INTRODUCTION OF RESOLUTION
Senate Resolution 114, by Dvorsky and Bolkcom, a Senate
resolution recognizing the success of the University of Iowa Dance
Marathon.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
STUDY BILL RECEIVED
SSB 3183 Ways and Means
Relating to property tax relief and school infrastructure purposes
by distributing certain state sales tax revenues to school districts for
property tax relief or school infrastructure purposes if approved by a
vote of the electorate, providing a penalty, and including an effective
date.
SUBCOMMITTEE ASSIGNMENTS
House File 2390
HUMAN RESOURCES: Redwine, Chair; Holveck and Veenstra
House File 2399
HUMAN RESOURCES: Hammond, Chair; Redwine and Tinsman
House File 2453
HUMAN RESOURCES: Dvorsky, Chair; Behn and Redwine
SSB 3183
WAYS AND MEANS: McKibben, Chair; Flynn and Rehberg
EXPLANATION OF VOTE
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 7, 2002, when the vote was taken on House File 2139. Had I been present, I
would have voted "Aye."
BETTY A. SOUKUP
AMENDMENTS FILED
S-5132 S.F. 2212 Thomas Fiegen
S-5133 H.F. 2191 Judiciary
S-5134 S.F. 2212 Thomas Fiegen
S-5135 S.F. 2268 Donald B. Redfern
S-5136 S.F. 2286 Robert E. Dvorsky
© 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: Fri Mar 8 11:01:00 CST 2002
URL: /DOCS/GA/79GA/Session.2/SJournal/Day/0307.html
jhf