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Legislation: Index	Bill History: Index

Senate Journal: Thursday, March 28, 2002

JOURNAL OF THE SENATE

__________

SEVENTY-FOURTH CALENDAR DAY
FORTY-FIFTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, March 28, 2002

The Senate met in regular session at 9:17 a.m., President Kramer
presiding.

Prayer was offered by Ako Abdul-Samad, pastor of the Islamic
Center in Des Moines. He was the guest of Senator Holveck.

The Journal of Wednesday, March 27, 2002, was approved.

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 March 27, 2002, amended and passed the following bill in which the
concurrence of the House was asked:

Senate File 2190, a bill for an act concerning workers'
compensation. (S-5272)

The Senate stood at ease at 9:41 a.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 10:20 a.m., President Kramer
presiding.

RECESS

On motion of Senator Iverson, the Senate recessed at 10:21 a.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 10:24 a.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 28, 2002, concurred in the Senate amendment and passed the
following bills in which the concurrence of the House was asked:

House File 583, a bill for an act relating to the certification of
persons providing water pump services.

House File 2344, a bill for an act relating to the retention of
unemployment benefits contested case hearing records.

House File 2530, a bill for an act providing for the control of
pseudorabies, and making penalties applicable.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Zieman, until he arrives, on request of Senator Rehberg; and Senator
Soukup, until she arrives, on request of Senator Gronstal.

UNFINISHED BUSINESS

House File 2193

On motion of Senator Drake, House File 2193, a bill for an act
relating to modal transportation, including changes in transit
coordination requirements, elimination of the Iowa railway finance

authority, and changes in the aircraft registration process, with
report of committee recommending passage, placed on the Unfinished
Business Calendar on March 21, 2002, was taken up for
consideration.

Senator Drake offered amendment S-5244, filed by Senators
Drake and Kibbie on March 25, 2002, to pages 1-12 and to the title
page of the bill, and moved its adoption.

Amendment S-5244 was adopted by a voice vote.

Senator Drake 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. 2193), 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	Jensen	Kibbie	King
Kramer	Lamberti	Lord	Lundby
Maddox	McCoy	McKean	McKibben
McKinley	Miller	Ragan	Redfern
Redwine	Rehberg	Rittmer	Schuerer
Sexton	Shearer	Tinsman	Veenstra

Nays, none.

Absent or not voting, 2:

Soukup	Zieman

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Behn, until he returns, on request of Senator McKibben.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2582.

House File 2582

On motion of Senator Tinsman, House File 2582, a bill for an act
appropriating federal funds made available from federal block grants
and other federal grants, allocating portions of federal block grants,
and providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated, with report of committee recommending passage, 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. 2582), the vote was:

Ayes, 47:

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

Nays, none.

Absent or not voting, 3:

Behn	Soukup	Zieman

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 2322.

Senate File 2322

On motion of Senator McKibben, Senate File 2322, a bill for an
act providing tax credits and related standards for health care
coverage for neurobiological disorders, providing for insurance and
mental health studies, and providing applicability and effective dates,
was taken up for consideration.

President Pro Tempore McKean took the chair at 10:53 a.m.

Senator Fiegen offered amendment S-5275, filed by Senator
Fiegen, et al., from the floor striking and replacing everything after
the enacting clause and to the title page of the bill.

Senator Shearer offered amendment S-5277, filed by Senator
Shearer, et al., from the floor to pages 1-4 and to the title provisions
of amendment S-5275, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5277 to amendment S-5275
be adopted?" (S.F. 2322), the vote was:

Rule 23, requiring all senators present to vote except those who
express a conflict of interest, was invoked.

Ayes, 20:

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

Nays, 28:

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

Absent or not voting, 2:

Soukup	Zieman

Amendment S–5277 lost.

Senator Fiegen moved the adoption of amendment S-5275.

A record roll call was requested.

On the question "Shall amendment S-5275 be adopted?"
(S.F. 2322), the vote was:

Rule 23, requiring all senators present to vote except those who
express a conflict of interest, was invoked.

Ayes, 26:

Black	Bolkcom	Connolly	Dearden
Deluhery	Dvorsky	Fiegen	Fink
Flynn	Fraise	Gronstal	Hammond
Hansen	Harper	Holveck	Horn
Iverson	Kibbie	Lundby	Maddox
McCoy	McKean	Ragan	Redfern
Shearer	Tinsman

Nays, 22:

Angelo	Behn	Boettger	Drake
Freeman	Gaskill	Greiner	Houser
Jensen	King	Kramer	Lamberti
Lord	McKibben	McKinley	Miller
Redwine	Rehberg	Rittmer	Schuerer
Sexton	Veenstra

Absent or not voting, 2:

Soukup	Zieman

Amendment S–5275 was adopted.

With the adoption of amendment S-5275, the Chair ruled
amendment S-5278, filed by Senator McKibben from the floor to
pages 1, 4, 6, 8, and 9 of the bill, out of order.

Senator Kramer asked and received unanimous consent that
action on Senate File 2322 be deferred.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 2193 and 2582 be immediately messaged to the
House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 1:09 p.m.
until 10:00 a.m. Monday, April 1, 2002.

APPENDIX

CERTIFICATE OF RECOGNITION

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

Rosalina Wilhelmina Hermania Krause Meyers, Kanawah — For celebrating your
103rd birthday on April 1, 2002. Senator Gaskill (03/28/02).

PETITION

The following petition was presented and placed on file:

From 880 residents of Marion County favoring legislation to stop
the construction of a large-scale hog confinement near Lake Red
Rock. Senator Angelo.

REPORTS OF COMMITTEE MEETINGS

COMMERCE

Convened: March 28, 2002, 1:30 p.m.

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

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

Committee Business: Passed SF 2324. Approved Governor's appointees.

Adjourned: 1:45 p.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: March 28, 2002, 1:10 p.m.

Members Present: Sexton, Chair; Freeman, Vice Chair; Fink, Ranking Member;
Bolkcom, Deluhery, Drake, Houser, Lord, and Rittmer.

Members Absent: Black, Dearden, Kibbie, Lundby, McKean, and Miller (all excused).

Committee Business: Approved Governor's appointees.

Adjourned: 1:12 p.m.

RULES AND ADMINISTRATION

Convened: March 28, 2002, 10:20 a.m.

Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Dvorsky, Fink, Gaskill, Harper, Lord, and Rittmer.

Members Absent: McKean (excused).

Committee Business: Passed SRs 116, 117, 118, 119, 120, 121, and 122.

Adjourned: 10:22 a.m.

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: March 28, 2002, 1:15 p.m.

Members Present: Rehberg, Chair; Shearer, Ranking Member; Fiegen, Flynn,
Gaskill, Greiner, Holveck, McKinley, Ragan, and Veenstra.

Members Absent: Zieman, Vice Chair; Behn, and Lamberti (all excused).

Committee Business: Approved Governor's appointees.

Adjourned: 1:21 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 123, by Lamberti, Redwine, Drake, Schuerer,
Kramer, Gaskill, Sexton, Greiner, Freeman, Houser, Rehberg,
Angelo, Behn, McKinley, Lord, Veenstra, Boettger, Iverson, Tinsman,
McKean, Maddox, McKibben, Holveck, Kibbie, Dvorsky, Gronstal,
Hammond, Harper, Fink, Bolkcom, Connolly, Flynn, Ragan, Horn,
Dearden, Hansen, Black, McCoy, and Deluhery, a Senate resolution
honoring the Drake Women's Basketball Team.

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

Senate Resolution 124, by Kramer, Gaskill, Sexton, Greiner,
Rehberg, Schuerer, Drake, Freeman, Houser, Angelo, Behn,
McKinley, Lord, Veenstra, Boettger, Iverson, Tinsman, McKean,
Maddox, McKibben, Redwine, Lamberti, Dvorsky, Hammond, Harper,
Fink, Bolkcom, Connolly, Flynn, Ragan, Shearer, Fiegen, Horn,
Dearden, Fraise, Hansen, Black, McCoy, and Deluhery, a Senate
resolution congratulating Gayle Blevins, Head Coach of the

University of Iowa Women's Softball Team on her successful coaching
career.

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

INTRODUCTION OF BILL

Senate File 2325, by committee on Appropriations, a bill for an
act relating to certain state agency regulatory functions by
reorganizing the duties of the department of inspections and appeals,
transferring the court appointed special advocate program to the
department of inspections and appeals, renaming and revising the
duties of the state citizen foster care review board, reorganizing the
administrative structure of the department of natural resources,
providing for legislative review of state agencies, and revising
requirements for licensed birth centers.

Read first time under Rule 28 and placed on Appropriations
calendar.

STUDY BILL RECEIVED

SSB 3196 Appropriations

Relating to and making appropriations to state departments and
agencies from the tobacco settlement trust fund, rebuild Iowa
infrastructure fund, and environment first fund, and providing
effective dates.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2324

COMMERCE: King, Chair; Flynn and Jensen

Senate Resolution 123

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 124

RULES AND ADMINISTRATION: Iverson, Chair; Dvorsky and Kramer

House Concurrent Resolution 122

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

SSB 3196

APPROPRIATIONS: No subcommittee assigned

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: *SENATE FILE 2325 (SSB 3193), a bill for an act relating to
certain state agency regulatory functions by reorganizing the duties of the department
of inspections and appeals, transferring the court appointed special advocate program
to the department of inspections and appeals, renaming and revising the duties of the
state citizen foster care review board, reorganizing the administrative structure of the
department of natural resources, providing for legislative review of state agencies, and
revising requirements for licensed birth centers.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 18: Lamberti, Kramer, Angelo, Dvorsky, Fiegen, Gaskill,
Hammond, Jensen, King, Lundby, McKibben, McKinley, Redfern, Rehberg, Schuerer,
Soukup, Tinsman, and Veenstra. Nays, none. Present, 5: Flynn, Bolkcom, Connolly,
Deluhery, and Horn. Absent or not voting, 2: Black and Zieman.

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 2325, and
they were attached to the committee report.

COMMERCE

Final Bill Action: SENATE FILE 2324, a bill for an act relating to the use of
construction management services on public works projects.

Recommendation: DO PASS.

Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bolkcom, Flynn, Freeman,
Gronstal, King, Lord, Maddox, McCoy, and Redwine. Nays, none. Absent or not
voting, 3: Hansen, Lundby, and Redfern.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 116, a Senate resolution congratulating
the University of Northern Iowa Panthers Women's Volleyball Team.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 117, a Senate resolution honoring
Mr. E. Wayne Cooley upon his retirement as the Executive Secretary of the Iowa Girls
High School Athletic Union.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 118, a Senate resolution honoring Cael
Sanderson on his athletic achievements as a wrestler.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 119, a Senate resolution congratulating
the 2001 University of Northern Iowa Baseball Team.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 120, a Senate resolution recognizing the
centennial of 4-H clubs.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 121, a Senate resolution honoring the
University of Iowa Women's Basketball Team and Coach Lisa Bluder.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 122, a Senate resolution congratulating
the Iowa State Cyclones Women's Basketball Team and Coach Bill Fennelly.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 2201, the following correction was made:

1. Page 15, line 26, the entire word “department” was struck through.

MICHAEL E. MARSHALL
Secretary of the Senate

BILLS 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 bills have 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 28th day
of March, 2002:

Senate Files 2086, 2098, 2201, 2278, and 2288.

MICHAEL E. MARSHALL
Secretary of the Senate

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on March 28,
2002, the Governor approved and transmitted to the Secretary of
State the following bills:

S.F. 374 - Relating to the qualifications and authorization of therapeutically
certified optometrists engaged in the practice of optometry, and providing an effective
date.

S.F. 437 - Relating to the registration and titling of all-terrain vehicles and
snowmobiles and removing the restriction on the use of an all-terrain vehicle on public
land without a measurable snow cover, and subjecting violators to a penalty.

S.F. 2210 - Relating to the acquisition and holding of agricultural land by qualified
enterprises, by providing for activities related to baby chicks and fertilized chicken
eggs, providing penalties, and providing an effective date.

S.F. 2260 - Relating to the reorganization or dissolution of area education agencies
and providing an effective date.

S.F. 2315 - Appropriating state school foundation aid and making related changes
to the state percent of growth for school budgets and to the funding for area education
agencies, and providing an effective date.

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 26, 2002, when the votes were taken on Senate File 2316 and House File 2247.
Had I been present, I would have voted "Aye" on both.

JOHN P. KIBBIE

GOVERNOR’S APPOINTEES PLACED ON
EN BLOC CALENDAR

The following appointees, assigned to standing committees for
investigation, were placed on the En Bloc Calendar with
recommendations for confirmation:

COMMERCE

Don Gettings - Credit Union Review Board
Barbara Oliver-Hall - Credit Union Review Board

Robert Hardman - Iowa Telecommunications and Technology Commission

NATURAL RESOURCES AND ENVIRONMENT

Mary Lucile Norton - Renewable Fuels and Coproducts Advisory Committee
Steven Rau - Renewable Fuels and Coproducts Advisory Committee
Eric Seuren - Renewable Fuels and Coproducts Advisory Committee

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Robert Pulver - Iowa Economic Development Board
Marcia Rogers - Iowa Economic Development Board

Alison Doyle - Small Business Advisory Council
Derek Holmes - Small Business Advisory Council
David Mackaman - Small Business Advisory Council

GOVERNOR’S APPOINTEE PLACED ON
INDIVIDUAL CONFIRMATION CALENDAR

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

COMMERCE

Mary Elizabeth Brandsgard - Chairperson of the Iowa Telecommunications and
Technology Commission

AMENDMENTS FILED

S-5272 S.F. 2190 House
S-5273 H.F. 2459 John P. Kibbie
S-5274 H.F. 2404 Kitty Rehberg
S-5275 S.F. 2322 Thomas Fiegen
Mike Connolly
Matt McCoy
Wally E. Horn
Jack Holveck
John P. Kibbie
Joe Bolkcom
Bill Fink
Dick L. Dearden
Eugene S. Fraise
Robert E. Dvorsky
Dennis H. Black

Steven D. Hansen
Tom Flynn
Mark Shearer
Patricia Harper
Patrick J. Deluhery
Amanda Ragan
Johnie Hammond
Michael E. Gronstal
Mary A. Lundby
Maggie Tinsman
S-5276 S.F. 2285 Neal Schuerer
S-5277 S.F. 2322 Mark Shearer
Steven D. Hansen
Jack Holveck
Mike Connolly
Thomas Fiegen
Amanda Ragan
Tom Flynn
Patrick J. Deluhery
Joe Bolkcom
Bill Fink
Patricia Harper
Robert E. Dvorsky
Johnie Hammond
Michael E. Gronstal
John P. Kibbie
Wally E. Horn
Dick L. Dearden
Eugene S. Fraise
S-5278 S.F. 2322 Larry McKibben

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