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Senate Journal: Monday, April 1, 2002

JOURNAL OF THE SENATE

__________

SEVENTY-EIGHTH CALENDAR DAY
FORTY-SIXTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, April 1, 2002

The Senate met in regular session at 10:23 a.m., Senator Sexton
presiding.

Prayer was offered by the Reverend Vic Groh, deacon of the Sacred
Heart Catholic Church in Rockwell, Iowa. He was the guest of
Senator Ragan.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Pages Alissa Darrow
and Wendy Walker.

QUORUM CALL

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

The vote revealed 39 present, 11 absent, and a quorum present.

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

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Freeman and Tinsman, until they arrive, on request of Senator Houser;
and Senator McKean, for the day, on request of Senator Veenstra.


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, amended and passed the following bills in which the
concurrence of the House was asked:

Senate File 2228, a bill for an act relating to utilization of school
district moneys for physical plant and equipment levy purposes.
(S-5280)

Senate File 2279, a bill for an act relating to the regulated
commercial activities of insurance and security sales, including rate
adjustments for small group coverage, provisions pertaining to state
and county mutual insurance associations, termination dates and
licensed health care providers for emergency medical malpractice
insurance, suspension of an insurer's certificate of authority for
delinquency, exceptions to the right of a notice of intent not to renew,
coverage requirements in a medical expense policy, tort immunity
related to viatical settlement contracts, confidentiality of certain
personal information in securities and insurance filings,
postponement or suspension of registration under the blue sky law,
reporting related to professional liability insurance, annual
percentage rate used in calculations of the minimum nonforfeiture
amount relating to individual deferred annuities, and providing for a
future repeal. (S-5279)

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Connolly, Deluhery, and Hansen, until they arrive, on request of Senator
Gronstal; and Senators Miller and McKibben, until they arrive, on request of Senator
Freeman.


UNFINISHED BUSINESS

Senate File 2285

On motion of Senator Schuerer, Senate File 2285, a bill for an act
regarding business corporations, and providing an effective date,
placed on the Unfinished Business Calendar on March 14, 2002, was
taken up for consideration.

Senator Schuerer offered amendment S-5276, filed by him on
March 28, 2002, to pages 3, 7-9, 13, 23, 24, 26, 29, 30, 32, 35, 41-49,
56, 57, 62, 67, 68, 71, 72, 74, 76, 77, 82, 83, 86, 92, 94, and 98 of the
bill, and moved its adoption.

Amendment S-5276 was adopted by a voice vote.

Senator Schuerer asked and received unanimous consent that
House File 2509 be substituted for Senate File 2285.

House File 2509

On motion of Senator Schuerer, House File 2509, a bill for an act
regarding business corporations, and providing an effective date, 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?" (H.F. 2509), the vote was:

Ayes, 43:
Angelo Behn Black Boettger
Bolkcom Dearden Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Greiner Gronstal
Hammond Harper Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lord
Lundby Maddox McCoy McKinley
Ragan Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Veenstra Zieman
Nays, none.

 


Absent or not voting, 7:
Connolly Deluhery Hansen McKean
McKibben Miller Tinsman

 


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

WITHDRAWN

Senator Schuerer asked and received unanimous consent that
Senate File 2285 be withdrawn from further consideration of the
Senate.

President Kramer took the chair at 11:14 a.m.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Boettger asked and received unanimous consent to take
up for consideration House File 2587.

House File 2587

On motion of Senator Hammond, House File 2587, a bill for an
act relating to the Iowa energy center, including changes relating to
salary adjustments, and promotion and administration of the
alternative energy revolving loan program, with report of committee
recommending passage, was taken up for consideration.

Senator Hammond 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. 2587), the vote was:

Ayes, 44:
Angelo Behn Black Boettger
Bolkcom Dearden Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Greiner Gronstal
Hammond Harper Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lord
Lundby Maddox McCoy McKibben
McKinley Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Veenstra Zieman

 


Nays, none.

Absent or not voting, 6:
Connolly Deluhery Hansen McKean
Miller Tinsman

 


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

HOUSE AMENDMENT CONSIDERED

Senate File 2309

Senator Zieman called up for consideration Senate File 2309, a
bill for an act providing for regulation of processors, providing for
penalties, and providing an effective date and for retroactive
applicability, amended by the House, and moved that the Senate
concur in House amendment S-5260, filed March 27, 2002.

The motion prevailed by a voice vote and the Senate concurred in
the House amendment.

Senator Zieman moved that the bill, as amended by the House and
concurred in by the Senate, 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. 2309), the vote was:

Ayes, 44:
Angelo Behn Black Boettger
Bolkcom Dearden Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Greiner Gronstal
Hammond Harper Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lord
Lundby Maddox McCoy McKibben
McKinley Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Veenstra Zieman

 


Nays, none.

Absent or not voting, 6:
Connolly Deluhery Hansen McKean
Miller Tinsman

 


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 File 2309 and House Files 2509 and 2587 be immediately
messaged to the House.

HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2532

Senator Rittmer called up for consideration, House File 2532, a
bill for an act relating to public retirement systems and providing
effective and retroactive applicability dates, amended by the Senate,
further amended by the House, and moved that the Senate concur in
House amendment S-5261 to Senate amendment H-8419, filed
March 27, 2002, and requested that the Senate vote "Nay."

A nonrecord roll call was requested.

The ayes were 13, nays 29.

The motion failed and the Senate refused to concur in the House
amendment to the Senate amendment.


LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Rehberg, until she returns, on request of Senator Freeman.

HOUSE AMENDMENT CONSIDERED

Senate File 144

Senator Jensen called up for consideration Senate File 144, a bill
for an act requiring contracts for the construction or maintenance of
highways to include certain provisions for the restoration of areas in
which fill dirt or other materials are to be removed, amended by the
House, and moved that the Senate concur in House amendment
S-5247, filed March 25, 2002.

The motion prevailed by a voice vote and the Senate concurred in
the House amendment.

Senator Jensen moved that the bill, as amended by the House and
concurred in by the Senate, 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. 144), the vote was:

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

 


Nays, none.


Absent or not voting, 7:
Connolly Deluhery Hansen McKean
Miller Rehberg Tinsman

 


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

UNFINISHED BUSINESS

House File 608

On motion of Senator Maddox, House File 608, a bill for an act
relating to delinquency charges on certain precomputed consumer
credit transactions, with report of committee recommending passage,
placed on the Unfinished Business Calendar on March 21, 2002, was
taken up for consideration.

Senator Maddox 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. 608), the vote was:

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

 


Nays, 1:
Holveck

 


Absent or not voting, 6:
Connolly Deluhery Hansen McKean
Miller Tinsman

 



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

IMMEDIATELY MESSAGED

Senator Boettger asked and received unanimous consent that
Senate File 144 and House Files 608 and 2532 be immediately
messaged to the House.

BILL PLACED ON UNFINISHED BUSINESS CALENDAR

Senator Boettger asked and received unanimous consent that
Senate File 2324 be placed on the Unfinished Business Calendar.

RECESS

On motion of Senator Boettger, the Senate recessed at 11:43 a.m.
until 1:00 p.m.

AFTERNOON SESSION

The Senate reconvened at 1:16 p.m., President Kramer presiding.

The Senate stood at ease at 1:17 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 2:53 p.m., President Kramer
presiding.

SPECIAL GUEST

Senator McKibben welcomed to the Senate chamber the Honorable
Ward Handorf, former member of the House of Representatives from
Marshall County.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Houser asked and received unanimous consent to take up
for consideration Senate File 2323.


Senate File 2323

On motion of Senator Redfern, Senate File 2323, a bill for an act
relating to the creation of a registered nurse recruitment program
and fund to be administered by the college student aid commission,
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. 2323), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Harper Holveck
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKibben McKinley Miller Ragan
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Hansen McKean

 


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

UNFINISHED BUSINESS

Senate File 2324

On motion of Senator King, Senate File 2324, a bill for an act
relating to the use of construction management services on public
works projects, with report of committee recommending passage,
placed on the Unfinished Business Calendar on April 1, 2002, was
taken up for consideration.

Senator Fiegen asked and received unanimous consent that action
on Senate File 2324 be deferred.

UNFINISHED BUSINESS

House File 2531

On motion of Senator Redfern, House File 2531, a bill for an act
making certain amendments to the Iowa trust code, with report of
committee recommending passage, placed on the Unfinished Business
Calendar on March 21, 2002, 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?" (H.F. 2531), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Harper Holveck
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKibben McKinley Miller Ragan
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Hansen McKean

 


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 File 2323 and House File 2531 be immediately messaged
to the House.

HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2192

Senator Tinsman called up for consideration, House File 2192, a
bill for an act relating to the establishment of a state agency work
group to develop an interstate prescription drug purchasing
cooperative, amended by the Senate, further amended by the House,
and moved that the Senate refuse to concur in House amendment
S-5255 to Senate amendment H-8326, filed March 26, 2002.

The motion prevailed by a voice vote and the Senate refused to
concur in the House amendment to the Senate amendment.

UNFINISHED BUSINESS

House File 2446

On motion of Senator Redfern, House File 2446, a bill for an act
relating to the proposed uniform computer information transactions
Act, with report of committee recommending passage, placed on the
Unfinished Business Calendar on March 21, 2002, 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?" (H.F. 2446), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Harper Holveck
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKibben McKinley Miller Ragan
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Hansen McKean

 


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

UNFINISHED BUSINESS

House File 2404

On motion of Senator Redfern, House File 2404, a bill for an act
relating to the amount of additional weighting provided for limited
English proficient students, with report of committee recommending
passage, placed on the Unfinished Business Calendar on March 21,
2002, was taken up for consideration.

Senator Rehberg withdrew amendment S-5179, filed by her on
March 18, 2002, striking and replacing everything after the enacting
clause and to the title page of the bill.

Senator Rehberg withdrew amendment S-5268, filed by her on
March 27, 2002, striking and replacing everything after the enacting
clause and to the title page of the bill.

Senator Rehberg offered amendment S-5274, filed by her on
March 28, 2002, striking and replacing everything after the enacting
clause and to the title page of the bill.

Senator Redfern raised the point of order that amendment S-5274
was not germane to the bill.


The Chair ruled the point well-taken and amendment S-5274 out
of order.

Senator Connolly withdrew amendment S-5253, filed by him on
March 26, 2002, to page 1 and to the title page 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?" (H.F. 2404), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Harper Holveck
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lord Lundby Maddox McCoy
McKibben McKinley Miller Ragan
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Hansen McKean

 


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

The Senate stood at ease at 3:36 p.m. until the fall of the gavel.

The Senate resumed session at 4:00 p.m., President Kramer
presiding.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 2192, 2404, and 2446 be immediately messaged to
the House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 4:01 p.m.
until 9:00 a.m. Tuesday, April 2, 2002.


APPENDIX

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 429, the following correction was made:

1. Page 1, line 1, the sentence was indented.

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 1st day of
April, 2002:

Senate Files 429, 2140, 2155, 2160, and 2192.

MICHAEL E. MARSHALL
Secretary of the Senate

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on March 29,
2002, the Governor approved and transmitted to the Secretary of
State the following bills:

S.F. 2116 - Relating to the preservation and enhancement of the state capitol.

S.F. 2133 - Relating to real estate brokers, including defining the activities of a real
estate broker, licensure and insurance coverage, and providing a penalty.

S.F. 2156 - Authorizing all counties not served by a permanent state department of
transportation facility to issue driver's licenses, nonoperator identification cards, and
persons with disabilities identification devices under certain conditions.

S.F. 2167 - Establishing a health insurance administration fund relating to the
payment of the administrative costs of state health insurance plans and providing for
its prospective repeal.

S.F. 2231 - Providing for hospital access to abuse registries for purposes of
employment checks.


ALSO:

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

S.F. 2086 - Relating to the kilowatt threshold for electric transmission line
franchises, making related changes, and providing an effective date.

S.F. 2098 - Relating to the criminal offense of unauthorized computer access and
criminal mischief, and providing a penalty.

S.F. 2201 - Relating to nonsubstantive Code corrections and including effective and
retroactive applicability provisions.

S.F. 2278 - Relating to analyzing the confinement and detention needs of jails, and
other local or regional confinement facilities, and providing an effective date.

S.F. 2288 - Relating to the appointment of an acting or a temporary county
attorney.

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 1,
2002, when the votes were taken on Senate Files 144 and 2309 and House Files 608,
2509, and 2587. Had I been present, I would have voted "Aye" on all.

MAGGIE TINSMAN

REPORT OF COMMITTEE MEETING

APPROPRIATIONS

Convened: April 1, 2002, 4:08 p.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
Angelo, Black, Bolkcom, Connolly, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen,
King, Lundby, McKibben, McKinley, Rehberg, Schuerer, Soukup, Tinsman, Veenstra,
and Zieman.

Members Absent: Deluhery and Redfern (both excused).

Committee Business: Passed budget bill, LSB 7217xc. Approved SSB 3185 (as
amended).

Recessed: 4:10 p.m.

Reconvened: 4:35 p.m.

Adjourned: 6:40 p.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 125, by Kramer, a Senate resolution honoring
Des Moines-area high school seniors Brandon Day, Patrick Swieskowski,
and Emily Trump for achieving the highest possible score on the
Scholastic Assessment Test.

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

INTRODUCTION OF BILL

Senate File 2326, by committee on Appropriations, a bill for an
act making, reducing, and transferring appropriations, and providing
for other properly related matters and including effective dates.

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

SUBCOMMITTEE ASSIGNMENTS

House File 2592

WAYS AND MEANS: McKibben, Chair; Deluhery and McKinley

LSB 7217xc

APPROPRIATIONS: Lamberti, Chair; Flynn and Kramer

COMMITTEE REPORT

APPROPRIATIONS

Final Bill Action: SENATE FILE 2326 (LSB 7217xc), a bill for an act making,
reducing, and transferring appropriations, and providing for other properly related
matters and including effective dates.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Lamberti, Kramer, Angelo, Gaskill, Jensen, King, McKibben,
McKinley, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 10: Flynn,
Black, Bolkcom, Connolly, Dvorsky, Fiegen, Hammond, Horn, Lundby, and Soukup.
Absent or not voting, 2: Deluhery and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 



AMENDMENTS FILED

S-5279 S.F. 2279 House
S-5280 S.F. 2228 House
S-5281 S.F. 2258 Jeff Angelo
S-5282 H.F. 2459 Johnie Hammond
Hubert M. Houser
Jeff Angelo
John P. Kibbie
S-5283 S.F. 2321 Larry McKibben
S-5284 H.F. 2547 Maggie Tinsman
S-5285 S.F. 348 Patricia Harper
S-5286 S.F. 348 Patricia Harper
S-5287 S.F. 348 Patricia Harper
S-5288 S.F. 348 Patricia Harper
S-5289 S.F. 348 Patricia Harper
S-5290 S.F. 2324 Robert E. Dvorsky
Joe Bolkcom
Johnie Hammond
S-5291 S.F. 2275 Donald B. Redfern


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