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Senate Journal: Monday, April 8, 2002

JOURNAL OF THE SENATE

__________

EIGHTY-FIFTH CALENDAR DAY
FIFTIETH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, April 8, 2002

The Senate met in regular session at 10:05 a.m., President Kramer
presiding.

Prayer was offered by the Honorable Maggie Tinsman, member of
the Senate from Scott County, Davenport, Iowa.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Pages Matt Gibson,
Angie Groh, Ember Leonard, and Micah Van Mersbergen.

The Journal of Thursday, April 4, 2002, was approved.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 138

Senator Boettger asked and received unanimous consent to take
up the following resolution:

1 SENATE RESOLUTION 138
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Mary Lou Freeman.
4 WHEREAS, Senator Mary Lou Freeman is retiring from
5 the Senate to seek another elective office after
6 completing nine years in office as a State Senator;
7 and
8 WHEREAS, Senator Freeman's distinguished career has
9 included service as an Assistant Majority Leader for
10 the Seventy-seventh General Assembly; and
11 WHEREAS, Senator Freeman's legislative career has
12 also included service as Chairperson of the Business

13 and Labor Relations Committee and of the
14 Transportation, Infrastructure, and Capitals
15 Appropriations Subcommittee; and as Vice Chairperson
16 of the Natural Resources and Environment Committee;
17 and
18 WHEREAS, Senator Freeman's dedication and expertise
19 in the areas of energy, environment, and
20 transportation are well recognized; and
21 WHEREAS, Senator Freeman has served honorably and
22 has unselfishly given of her time and efforts to
23 further the interests of the State of Iowa and to
24 provide beneficial programs for the citizens of Iowa;
25 NOW THEREFORE,
26 BE IT RESOLVED BY THE SENATE, That the Senate pay
27 tribute to Senator Mary Lou Freeman for her devoted
28 service to the Iowa General Assembly and the citizens
29 of this state, and wish her the very best in the years
30 ahead; and

Page 2

1 BE IT FURTHER RESOLVED, That an official copy of
2 this Resolution be prepared and presented to Senator
3 Freeman.

Senator Boettger moved the adoption of Senate Resolution 138,
which motion prevailed by a voice vote.

Senator Freeman was presented a plaque in appreciation of her
years of service and an enrolled copy of Senate Resolution 138.

The Senate rose and expressed its appreciation.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 137

Senator Boettger asked and received unanimous consent to take
up the following resolution:

1 SENATE RESOLUTION 137
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Sandra H. Greiner.
4 WHEREAS, Senator Sandra H. Greiner is retiring from
5 the Senate to seek another elective office after
6 completing two years in office as a State Senator and
7 four terms as a member of the House of

8 Representatives; and
9 WHEREAS, Senator Greiner's distinguished career has
10 included service as Vice Chairperson of the Business
11 and Labor Relations Committee; and
12 WHEREAS, Senator Greiner's dedication and expertise
13 in the areas of agriculture, environmental protection,
14 and natural resources are well recognized; and
15 WHEREAS, Senator Greiner has served honorably and
16 has unselfishly given of her time and efforts to
17 further the interests of the State of Iowa and to
18 provide beneficial programs for the citizens of Iowa;
19 NOW THEREFORE,
20 BE IT RESOLVED BY THE SENATE, That the Senate pay
21 tribute to Senator Sandra H. Greiner for her devoted
22 service to the Iowa General Assembly and the citizens
23 of this state, and wish her the very best in the years
24 ahead; and
25 BE IT FURTHER RESOLVED, That an official copy of
26 this Resolution be prepared and presented to Senator
27 Greiner.

Senator Boettger moved the adoption of Senate Resolution 137,
which motion prevailed by a voice vote.

Senator Greiner was presented a plaque in appreciation of her
years of service and an enrolled copy of Senate Resolution 137.

The Senate rose and expressed its appreciation.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 139

Senator Boettger asked and received unanimous consent to take
up the following resolution:

1 SENATE RESOLUTION 139
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Gene Maddox.
4 WHEREAS, Senator Gene Maddox is retiring from the
5 Senate to seek another elective office after
6 completing 10 years in office as a State Senator; and
7 WHEREAS, Senator Maddox's distinguished career as a
8 state legislator has included service as an Assistant
9 Majority Leader during the Seventy-seventh through
10 Seventy-ninth General Assemblies; and
11 WHEREAS, Senator Maddox's legislative career has

12 also included service as Chairperson of the Judiciary
13 Committee and of the Justice Systems Appropriations
14 Subcommittee; and as Vice Chairperson of the Commerce
15 Committee; and
16 WHEREAS, Senator Maddox has served on many other
17 standing committees throughout his years of
18 legislative service and has been an influential and
19 devoted legislator in this state; and
20 WHEREAS, Senator Maddox has been instrumental in
21 the passage of legislation pertinent to Iowa relating
22 to criminal and civil law and has been recognized as
23 an expert on local government issues; and
24 WHEREAS, Senator Maddox has served honorably and
25 has unselfishly given of his time and efforts to
26 further the interests of the State of Iowa and to
27 provide beneficial programs for the citizens of Iowa;
28 NOW THEREFORE,
29 BE IT RESOLVED BY THE SENATE, That the Senate pay
30 tribute to Senator Gene Maddox for his devoted service

Page 2

1 to the Iowa General Assembly and the citizens of this
2 state and wish him the very best in the years ahead;
3 and
4 BE IT FURTHER RESOLVED, That an official copy of
5 this Resolution be prepared and presented to Senator
6 Maddox.

Senator Boettger moved the adoption of Senate Resolution 139,
which motion prevailed by a voice vote.

Senator Maddox was presented a plaque in appreciation of his
years of service and an enrolled copy of Senate Resolution 139.

The Senate rose and expressed its appreciation.

President Pro Tempore McKean took the chair at 10:36 a.m.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 132

Senator Boettger asked and received unanimous consent to take
up the following resolution:


1 SENATE RESOLUTION 132
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Johnie Hammond.
4 WHEREAS, Senator Johnie Hammond is retiring from
5 legislative office after completing two terms in
6 office as a State Senator and six terms as a member of
7 the House of Representatives; and
8 WHEREAS, Senator Hammond's distinguished career as
9 a state legislator has included service as an
10 Assistant Minority Leader during the Seventy-ninth
11 General Assembly; and
12 WHEREAS, Senator Hammond's distinguished career has
13 also included service as Chairperson and Ranking
14 Member of the Human Services Appropriations
15 Subcommittee and as Vice Chairperson and Ranking
16 Member of the Human Resources Committee; and
17 WHEREAS, Senator Hammond has served on many other
18 standing committees and appropriations subcommittees
19 throughout her 20 years of service; and
20 WHEREAS, Senator Hammond has been instrumental in
21 providing programs to protect children and families,
22 to enhance services for the healthy development of
23 young children, to expand options for child care for
24 working families, and to ensure that Iowa children and
25 families have access to needed health care; and
26 WHEREAS, Senator Hammond was the author of gender
27 balance legislation for membership on state boards and
28 commissions; and
29 WHEREAS, Senator Hammond has been an enthusiastic
30 and stalwart supporter of Iowa State University and

Page 2

1 its academic and extension programs and services; and
2 WHEREAS, Senator Hammond has served honorably and
3 has unselfishly given of her time and efforts to
4 further the interests of the State of Iowa and to
5 provide beneficial programs for the citizens of Iowa,
6 and has been an influential and devoted legislator in
7 this state; NOW THEREFORE,
8 BE IT RESOLVED BY THE SENATE, That the Senate pay
9 tribute to Senator Johnie Hammond for her devoted
10 service to the Iowa General Assembly and the citizens
11 of this state and wish her the very best in the years
12 ahead; and
13 BE IT FURTHER RESOLVED, That an official copy of
14 this Resolution be prepared and presented to Senator
15 Hammond.

The Senate rose and expressed its tribute to Senator Hammond.


Senator Harper moved the adoption of Senate Resolution 132,
which motion prevailed by a voice vote.

Senator Hammond was presented a plaque in appreciation of her
years of service and an enrolled copy of Senate Resolution 132.

Senator Hammond addressed the Senate with brief remarks.

RECESS

On motion of Senator Boettger, the Senate recessed at 11:54 a.m.
until 1:30 p.m.


APPENDIX

COMMUNICATION RECEIVED

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

April 8, 2002

STATE APPEAL BOARD

Denied claims against the state of Iowa during April 2002.

CERTIFICATES OF RECOGNITION

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

Elizabeth Bastiaans, Ames For achieving a perfect score on the Scholastic
Assessment Test. Senator Hammond (04/08/02).

Tony Cyr, Cedar Rapids For achieving a perfect score on the Scholastic
Assessment Test. Senator Lundby (04/08/02).

Brandon Day, Urbandale For achieving a perfect score on the Scholastic
Assessment Test. Senator Maddox (04/08/02).

Alison Lentz, Cedar Falls For achieving a perfect score on the Scholastic
Assessment Test. Senator Redfern (04/08/02).

Claudia Lutz, Iowa City For achieving a perfect score on the Scholastic
Assessment Test. Senator Dvorsky (04/08/02).

Patrick Swieskowski, Des Moines For achieving a perfect score on the Scholastic
Assessment Test. Senator Kramer (04/08/02).

Emily Trump, Des Moines For achieving a perfect score on the Scholastic
Assessment Test. Senator Holveck (04/08/02).

Elizabeth Zeitler, Iowa City For achieving a perfect score on the Scholastic
Assessment Test. Senator Bolkcom (04/08/02).

Michael Zhu, Dubuque For achieving a perfect score on the Scholastic
Assessment Test. Senator Connolly (04/08/02).


INTRODUCTION OF RESOLUTION

Senate Resolution 146, by Kramer, Holveck, Maddox, Redfern,
Lundby, Dvorsky, Bolkcom, Hammond, and Connolly, a Senate
resolution honoring Iowa high school seniors Elizabeth Bastiaans,
Tony Cyr, Brandon Day, Alison Lentz, Claudia Lutz, Patrick
Swieskowski, Emily Trump, Elizabeth Zeitler, and Michael Zhu 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.

SUBCOMMITTEE ASSIGNMENTS

House File 2614

APPROPRIATIONS: Jensen, Chair; Lamberti and Soukup

LSB 7186sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

LSB 7187sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

LSB 7241sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

LSB 7242sv

RULES AND ADMINISTRATION: Iverson, Chair; Boettger and Dvorsky

LSB 7243sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
House Amendment S-5247 to Senate File 144, the following correction was made:

1. Page 1, line 8, a comma was added after the word "erosion".

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 8th day of
April, 2002:

Senate Files 144, 466, 2273, and 2309.

MICHAEL E. MARSHALL
Secretary of the Senate

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on April 5, 2002,
the Governor approved and transmitted to the Secretary of State the
following bills:

S.F. 2146 - Establishing a criminal offense for an act of terrorism, changing related
criminal penalties, and providing a penalty.

S.F. 2277 - 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.


AFTERNOON SESSION

The Senate reconvened at 1:35 p.m., President Kramer presiding.

QUORUM CALL

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

The vote revealed 40 present, 10 absent, and a quorum present.

RECESS

On motion of Senator Iverson, the Senate recessed at 1:55 p.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 1:57 p.m., President Kramer presiding.

Senator Boettger took the chair at 1:59 p.m.

COMMITTEE REPORT

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 146, a Senate resolution honoring Iowa
high school seniors Elizabeth Bastiaans, Tony Cyr, Brandon Day, Alison Lentz,
Claudia Lutz, Patrick Swieskowski, Emily Trump, Elizabeth Zeitler, and Michael Zhu
for achieving the highest possible score on the Scholastic Assessment Test.

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.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 146.

Senate Resolution 146

On motion of Senator Redfern, Senate Resolution 146, a Senate
resolution honoring Iowa high school seniors Elizabeth Bastiaans,
Tony Cyr, Brandon Day, Alison Lentz, Claudia Lutz, Patrick
Swieskowski, Emily Trump, Elizabeth Zeitler, and Michael Zhu for
achieving the highest possible score on the Scholastic Assessment
Test, with report of committee recommending passage, was taken up
for consideration.

Senator Redfern welcomed the seniors to the Senate chamber. The
Senate rose and expressed its appreciation.

Senator Redfern moved the adoption of Senate Resolution 146,
which motion prevailed by a voice vote.

President Kramer took the chair at 2:05 p.m.

The Senate stood at ease at 2:07 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 2:47 p.m., President Kramer
presiding.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Hammond, until she returns, on request of Senator Dearden; Senator
Gronstal, until he returns, on request of Senator Hansen; and Senator Fiegen, until he
arrives, on request of Senator Shearer.

HOUSE AMENDMENT CONSIDERED

Senate File 2205

Senator Tinsman called up for consideration Senate File 2205, a
bill for an act relating to regulation of child care and child
development homes and child care centers and providing effective
date and applicability provisions, amended by the House, and moved
that the Senate concur in House amendment S-5401, filed April 4,
2002.

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

Senator Tinsman 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. 2205), the vote was:

Ayes, 45:
Behn Black Boettger Bolkcom
Connolly Dearden Deluhery Drake
Dvorsky Fink Flynn Fraise
Freeman Gaskill Greiner Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lord Lundby
Maddox McCoy McKean McKibben
McKinley Miller Ragan Redfern
Redwine Rehberg Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, 2:
Angelo Rittmer

 


Absent or not voting, 3:
Fiegen Gronstal Hammond

 


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

UNFINISHED BUSINESS

House File 2459

On motion of Senator McKibben, House File 2459, a bill for an
act relating to the authority of city hospital and health care facility
boards of trustees, with report of committee recommending
amendment and passage, placed on the Unfinished Business
Calendar on March 21, 2002, was taken up for consideration.


Senator Kibbie offered amendment S-5400, filed by Senators
Kibbie and Redfern on April 4, 2002, striking and replacing
everything after the enacting clause of the bill, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5400 be adopted?"
(H.F. 2459), the vote was:

Ayes, 34:
Behn Black Bolkcom Connolly
Dearden Deluhery Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Hammond Hansen Harper
Holveck Horn Houser Jensen
Kibbie Lord Maddox McCoy
McKean Miller Ragan Redfern
Rehberg Rittmer Schuerer Soukup
Veenstra Zieman

 


Nays, 15:
Angelo Boettger Gaskill Greiner
Gronstal Iverson King Kramer
Lamberti McKibben McKinley Redwine
Sexton Shearer Tinsman

 


Absent or not voting, 1:
Lundby

 


Amendment S5400 was adopted.

Senator McKibben asked and received unanimous consent that
action on House File 2459 be deferred.

The Senate stood at ease at 3:21 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 3:42 p.m., President Kramer
presiding.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Schuerer asked and received unanimous consent to take
up for consideration Senate Resolution 136.

Senate Resolution 136

On motion of Senator Shearer, Senate Resolution 136, a Senate
resolution honoring James Samuel Thomas, former bishop of the
Iowa United Methodist Church, with report of committee
recommending passage, was taken up for consideration.

Senator Shearer moved the adoption of Senate Resolution 136,
which motion prevailed by a voice vote.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Lundby, until she returns, on request of Senator McKean.

HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2554

Senator Freeman called up for consideration House File 2554, a
bill for an act relating to the use of moneys appropriated to the
department of natural resources for purposes of tire-related
initiatives, disposal fees charged by retail tire dealers, and the
registration of waste tire haulers and providing an effective date,
amended by the Senate, further amended by the House, and moved
that the Senate concur in House amendment S-5262 to Senate
amendment H-8402, filed March 27, 2002.

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

Senator Freeman moved that the bill, as amended by the Senate,
further 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?" (H.F. 2554), the vote was:

Ayes, 49:
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 Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, 1:
Lundby

 


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:

Senator Drake, until he returns, on request of Senator McKean; and Senator
Shearer, until he returns, on request of Senator Gronstal.

HOUSE AMENDMENT CONSIDERED
(Deferred April 4, 2002)

Senate File 2228

The Senate resumed consideration of Senate File 2228, a bill for
an act relating to utilization of school district moneys for physical
plant and equipment levy purposes, and House amendment S-5280,
deferred April 4, 2002.

Senator Redfern offered amendment S-5405, filed by Senators
Redfern and Boettger from the floor to page 1 of House amendment
S-5280, and moved its adoption.

Amendment S-5405 was adopted by a voice vote.

With the adoption of amendment S-5405, the Chair ruled
amendment S-5402, filed by Senators Redfern and Boettger from the
floor to page 1 of House amendment S-5280, out of order.

Senator Boettger moved that the Senate concur in the House
amendment, as amended.

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

Senator Boettger moved that the bill, as amended by the House,
further amended 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. 2228), the vote was:

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

 


Nays, none.

Absent or not voting, 3:
Drake Lundby Shearer

 


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

UNFINISHED BUSINESS
(Deferred April 4, 2002)

Senate File 2320

The Senate resumed consideration of Senate File 2320, a bill for
an act relating to the assessment of court fees by the clerk of district
court, deferred April 4, 2002.

Senator Fiegen offered amendment S-5395, filed by Senators
Fiegen and Holveck on April 4, 2002, to page 2 of the bill, and moved
its adoption.

A record roll call was requested.

On the question "Shall amendment S-5395 be adopted?"
(S.F. 2320), the vote was:

Ayes, 21:
Black Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Fraise Gronstal
Hammond Hansen Harper Holveck
Horn Kibbie McCoy Ragan
Soukup

 


Nays, 28:
Angelo Behn Boettger Freeman
Gaskill Greiner Houser Iverson
Jensen King Kramer Lamberti
Lord Lundby Maddox McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 1:
Shearer

 


Amendment S5395 lost.

Senator Lamberti 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. 2320), the vote was:

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

 


Nays, 2:
Fiegen Holveck

 


Absent or not voting, 1:
Shearer

 


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 Files 2205, 2228, 2320, and House File 2554 be
immediately messaged to the House.

UNFINISHED BUSINESS

House File 2515

On motion of Senator Rehberg, House File 2515, a bill for an act
relating to the duties and operation of the department of education
and providing effective and applicability dates, with report of
committee recommending amendment and passage, placed on the
Unfinished Business Calendar on March 21, 2002, was taken up for
consideration.


Senator Boettger offered amendment S-5170, filed by the
committee on Education on March 14, 2002, to page 2 of the bill, and
moved its adoption.

Amendment S-5170 was adopted by a voice vote.

Senator Rehberg offered amendment S-5338, filed by her on
April 2, 2002, to page 1 of the bill.

President Pro Tempore McKean took the chair at 4:34 p.m.

Senator Connolly asked unanimous consent that action on
amendment S-5338 be deferred.

Senator Connolly withdrew his request.

Senator Rehberg moved the adoption of amendment S-5338, which
motion prevailed by a voice vote.

Senator King offered amendment S-5384, filed by Senators King,
Rehberg, and Schuerer on April 3, 2002, to pages 2, 5, and to the title
page of the bill.

President Kramer took the chair at 4:50 p.m.

Senator Hansen raised the point of order that amendment S-5384
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5384 out
of order.

Senator King asked and received unanimous consent that action
on House File 2515 be deferred.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Lundby and Redfern, until they return, on request of Senator Freeman.


UNFINISHED BUSINESS
(Deferred April 4, 2002)

Senate File 2321

The Senate resumed consideration of Senate File 2321, a bill for
an act relating to sales and use taxes by requiring the department of
revenue and finance to collect data on the extent and the effect on
taxes of electronic commerce in the state, striking the repeal of the
tax treatment of sales where the substance of the transaction is
delivered by electronic waves, digitally, or by way of cable or fiber
optics, and establishing a committee to enter into multistate
discussions on the simplification of the sales and use taxes and
including an effective date, deferred April 4, 2002.

Senator Harper offered amendment S-5394, filed by her on
April 4, 2002, to page 2 and to the title page of the bill, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5394 be adopted?"
(S.F. 2321), the vote was:

Ayes, 22:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Freeman Gronstal
Hammond Hansen Harper Holveck
Horn Kibbie McCoy Ragan
Shearer Soukup

 


Nays, 26:
Angelo Behn Boettger Drake
Gaskill Greiner Houser Iverson
Jensen King Kramer Lamberti
Lord Maddox McKean McKibben
McKinley Miller Redwine Rehberg
Rittmer Schuerer Sexton Tinsman
Veenstra Zieman

 


Absent or not voting, 2:
Lundby Redfern
Amendment S5394 lost.

 


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. 2321), the vote was:

Ayes, 27:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redwine
Rehberg Rittmer Schuerer Sexton
Tinsman Veenstra Zieman

 


Nays, 21:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie McCoy Ragan Shearer
Soukup

 


Absent or not voting, 2:
Lundby Redfern

 


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 Boettger asked and received unanimous consent to take
up for consideration House File 2584.

House File 2584

On motion of Senator McKinley, House File 2584, a bill for an act
relating to assessment of certain vineyards for purposes of property
taxation and providing a retroactive applicability date, with report of
committee recommending passage, was taken up for consideration.

Senator McKinley 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. 2584), 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 Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Present, 1:

Miller

Absent or not voting, 1:
Redfern

 


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

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Boettger asked and received unanimous consent to take
up for consideration Senate Resolution 117.

Senate Resolution 117

On motion of Senator Jensen, 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,
with report of committee recommending passage, was taken up for
consideration.

Senator Jensen moved the adoption of Senate Resolution 117,
which motion prevailed by a voice vote.

IMMEDIATELY MESSAGED

Senator Boettger asked and received unanimous consent that
Senate File 2321 and House File 2584 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 April 8, 2002, concurred in the Senate amendment and passed the
following bill in which the concurrence of the Senate is asked:

House File 2585, a bill for an act relating to the abatement of
state sales and use taxes and local sales and service taxes of
purchasers of certain access to on-line computer services and
providing refunds, and including effective and applicability date
provisions.

ALSO: That the House has on April 8, 2002, amended and passed the following
bill in which the concurrence of the House was asked:

Senate File 2280, a bill for an act relating to the requirements of
the department of human services for certain child welfare services
providers. (S-5407)

ALSO: That the House has on April 8, 2002, amended the Senate amendment,
concurred in the Senate amendment as amended, and passed the following bill in
which the concurrence of the Senate is asked:

House File 678, a bill for an act relating to child custody and
visitation including the requirement of mediation when a custody
arrangement is disputed. (S-5408)


RECESS

On motion of Senator Boettger, the Senate recessed at 6:04 p.m.
until 7:00 p.m.

APPENDIX

COMMUNICATION RECEIVED

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

April 8, 2002

IOWA WORKFORCE DEVELOPMENT

2001 Status Report on the Iowa Unemployment Compensation Trust Fund,
pursuant to Iowa Code section 96.35.

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: April 8, 2002, 12:01 p.m.

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

Members Absent: None.

Committee Business: Passed HFs 2612 (as amended), 2613 (as amended), 2614 (as
amended), and 2615 (as amended).

Recessed: 12:55 p.m.

Reconvened: 6:15 p.m.
Adjourned: 8:05 p.m.

RULES AND ADMINISTRATION

Convened: April 8, 2002, 1:55 p.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: Approved SR 146. Approved resolutions for former senators
and for senators being honored for twenty years of service.

Adjourned: 1:56 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 147, by committee on Rules and
Administration, a Senate resolution honoring Senator Johnie
Hammond for her years of legislative service.

Read first time under Rule 28 and placed on calendar.

Senate Resolution 148, by committee on Rules and
Administration, a Senate resolution honoring Senator JoAnn
Johnson.

Read first time under Rule 28 and placed on calendar.

Senate Resolution 149, by committee on Rules and
Administration, a Senate resolution honoring Senator Merlin E.
Bartz.

Read first time under Rule 28 and placed on calendar.

Senate Resolution 150, by committee on Rules and
Administration, a Senate resolution honoring Senator Dennis H.
Black for his years of legislative service.

Read first time under Rule 28 and placed on calendar.

Senate Resolution 151, by committee on Rules and
Administration, a Senate resolution honoring Senator Michael E.
Gronstal for his years of legislative service.

Read first time under Rule 28 and placed on calendar.

Senate Resolution 152, by McKibben, a Senate resolution
requesting Iowa's congressional delegation to work to permanently
repeal the federal death tax.

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

SUBCOMMITTEE ASSIGNMENT

Senate Resolution 146

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: HOUSE FILE 2612, a bill for an act relating to and making
transportation and other infrastructure-related appropriations to the state department
of transportation, including allocation and use of moneys from the road use tax fund,
primary road fund, and general fund of the state, and providing for the nonreversion of
certain moneys.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5409.

Final Vote: Ayes, 25: Lamberti, Kramer, Flynn, Angelo, Black, Bolkcom, Connolly,
Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby,
McKibben, McKinley, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and
Zieman. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2613, a bill for an act relating to and making
appropriations from the senior living trust fund to the department of elder affairs and
the department of human services and making appropriations from the hospital trust
fund to the department of human services and providing an effective date.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5403.

Final Vote: Ayes, 22: Lamberti, Kramer, Flynn, Angelo, Black, Bolkcom, Connolly,
Deluhery, Dvorsky, Gaskill, Horn, King, Lundby, McKibben, McKinley, Redfern,
Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Nays, none. Absent or
not voting, 3: Fiegen, Hammond, and Jensen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2614, a bill for an act relating to and making
appropriations to state departments and agencies from the tobacco settlement trust
fund, rebuild Iowa infrastructure fund, and environment first fund, making related
statutory changes, and providing effective dates.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5410.


Final Vote: Ayes, 25: Lamberti, Kramer, Flynn, Angelo, Black, Bolkcom, Connolly,
Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby,
McKibben, McKinley, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and
Zieman. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2615, a bill for an act relating to and making
appropriations from the healthy Iowans tobacco trust and the tobacco settlement trust
fund, and providing effective dates.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5411.

Final Vote: Ayes, 15: Lamberti, Kramer, Angelo, Gaskill, Jensen, King, Lundby,
McKibben, McKinley, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman.
Nays, 9: Flynn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Hammond, and
Horn. Absent or not voting, 1: Soukup.

 


Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 147 (LSB 7241sv), a Senate resolution
honoring Senator Johnie Hammond for her years of legislative service.

Recommendation: APPROVED COMMITTEE BILL.

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 148 (LSB 7186sv), a Senate resolution
honoring Senator JoAnn Johnson.

Recommendation: APPROVED COMMITTEE BILL.

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 149 (LSB 7187sv), a Senate resolution
honoring Senator Merlin E. Bartz.

Recommendation: APPROVED COMMITTEE BILL.

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 150 (LSB 7243sv), a Senate resolution
honoring Senator Dennis H. Black for his years of legislative service.

Recommendation: APPROVED COMMITTEE BILL.

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 151 (LSB 7242sv), a Senate resolution
honoring Senator Michael E. Gronstal for his years of legislative service.

Recommendation: APPROVED COMMITTEE BILL.

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.


EVENING SESSION

The Senate reconvened at 10:12 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 April 8, 2002, passed the following bills in which the concurrence of the
Senate is asked:

House File 2616, a bill for an act relating to the time of
possession of deer venison, increasing the minimum fine for unlawful
taking, possessing, injuring, or transporting protected species and
game, and subjecting violators to a penalty.

Read first time and referred to committee on Ways and Means.

House File 2617, a bill for an act relating to the regulation of
milk and milk products, by providing for permits, fees, and penalties,
making penalties applicable, and providing an effective date.

Read first time and referred to committee on Ways and Means.

ALSO: That the House has on April 8, 2002, refused to concur in the Senate
amendment to the House amendment to the following bill in which the concurrence of
the House was asked:

Senate File 2197, a bill for an act prohibiting a registered sex
offender from residing near a school or child care facility, and
providing a penalty.

HOUSE AMENDMENT CONSIDERED
(Deferred April 2, 2002)

Senate File 2190

The Senate resumed consideration of Senate File 2190, a bill for
an act concerning workers' compensation, and House amendment
S-5272, deferred April 2, 2002.


Senator Gronstal offered amendment S-5378, filed by him on
April 3, 2002, to pages 1-3 of House amendment S-5272, and moved
its adoption.

A record roll call was requested.

On the question "Shall amendment S-5378 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 25:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lundby McCoy McKean
Ragan Redfern Rittmer Shearer
Soukup

 


Nays, 25:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKibben
McKinley Miller Redwine Rehberg
Schuerer Sexton Tinsman Veenstra
Zieman

 


Absent or not voting, none.

Amendment S5378 lost.

Senator Hammond offered amendment S5360, filed by her on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5360 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 25:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lundby McCoy McKean
Ragan Redfern Rittmer Shearer
Soukup

 


Nays, 25:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKibben
McKinley Miller Redwine Rehberg
Schuerer Sexton Tinsman Veenstra
Zieman

 


Absent or not voting, none.

Amendment S5360 lost.

Senator Fiegen offered amendment S5372, filed by him on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5372 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 21:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie McCoy Ragan Shearer
Soukup

 


Nays, 29:
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
Zieman

 




Absent or not voting, none.

Amendment S5372 lost.

Senator Holveck offered amendment S5342, filed by him on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5342 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 22:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lundby McCoy Ragan
Shearer Soukup

 


Nays, 28:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, none.

Amendment S5342 lost.

Senator Soukup offered amendment S5356, filed by her on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5356 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:


Ayes, 24:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lamberti Lundby McCoy
Ragan Shearer Soukup Tinsman

 


Nays, 26:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lord Maddox McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Veenstra Zieman

 


Absent or not voting, none.

Amendment S5356 lost.

Senator Soukup offered amendment S5357, filed by her on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5357 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

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

Ayes, 23:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie McCoy Ragan Rittmer
Shearer Soukup Tinsman

 


Nays, 27:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Lundby Maddox
McKean McKibben McKinley Miller
Redfern Redwine Rehberg Schuerer
Sexton Veenstra Zieman

 


Absent or not voting, none.

Amendment S5357 lost.

Senator Fiegen offered amendment S5344, filed by him on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5344 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 22:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lundby McCoy Ragan
Shearer Soukup

 


Nays, 28:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, none.

Amendment S5344 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Soukup, for the remainder of the debate, on request of Senator McCoy.

BUSINESS PENDING

Senate File 2190

The Senate resumed consideration of Senate File 2190.

Senator Shearer offered amendment S-5353, filed by him on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5353 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 20:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Harper Holveck Horn Kibbie
Lundby McCoy Ragan Shearer

 


Nays, 29:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Hansen
Houser Iverson Jensen King
Kramer Lamberti Lord Maddox
McKean McKibben McKinley Miller
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Tinsman Veenstra
Zieman

 


Absent or not voting, 1:
Soukup

 


Amendment S5353 lost.

Senator Dearden offered amendment S-5383, filed by him on
April 3, 2002, to pages 1 and 2 of House amendment S-5272, and
moved its adoption.

A record roll call was requested.


On the question "Shall amendment S-5383 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 21:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lundby McCoy Ragan
Shearer

 


Nays, 28:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 1:
Soukup

 


Amendment S5383 lost.

Senator Bolkcom offered amendment S-5385, filed by him on
April 3, 2002, to page 1 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5385 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 20:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
Maddox McCoy Ragan Shearer

 


Nays, 28:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Lundby McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 2:
Fraise Soukup

 


Amendment S5385 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Fraise, for the remainder of the debate, on request of Senator Gronstal.

BUSINESS PENDING

Senate File 2190

The Senate resumed consideration of Senate File 2190.

Senator Dearden offered amendment S-5341, filed by him on
April 3, 2002, to pages 1 and 2 of House amendment S-5272, and
moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5341 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 21:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
Lundby McCoy Ragan Redfern
Shearer

 


Nays, 27:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redwine
Rehberg Rittmer Schuerer Sexton
Tinsman Veenstra Zieman

 


Absent or not voting, 2:
Fraise Soukup

 


Amendment S5341 lost.

The Senate stood at ease at 1:08 a.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 1:22 a.m., President Kramer
presiding.

QUORUM CALL

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

The vote revealed 37 present, 13 absent, and a quorum present.

Senator Holveck offered amendment S-5346, filed by him on
April 3, 2002, to pages 1 and 2 of House amendment S-5272, and
moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5346 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 20:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
Lundby McCoy Ragan Shearer

 


Nays, 28:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 2:
Fraise Soukup

 


Amendment S5346 lost.

Senator Hammond offered amendment S-5343, filed by her on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5343 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn 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
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 3:
Fraise Redfern Soukup

 


Amendment S5343 lost.

Senator Holveck offered amendment S-5347, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5347 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn 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
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 3:
Fraise Redfern Soukup

 


Amendment S5347 lost.

Senator Fiegen offered amendment S-5345, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5345 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn 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
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 3:
Fraise Redfern Soukup

 


Amendment S5345 lost.

President Pro Tempore McKean took the chair at 2:20 a.m.

Senator Dearden offered amendment S-5368, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5368 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn 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
Redwine Rehberg Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 3:
Fraise Redfern Soukup
Amendment S5368 lost.

 


Senator Shearer offered amendment S-5351, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A nonrecord roll call was requested.

The ayes were 18, nays 27.

Amendment S-5351 lost.

Senator Fink offered amendment S-5355, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

Amendment S-5355 lost by a voice vote.

Senator Fink offered amendment S-5364, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

Amendment S-5364 lost by a voice vote.

Senator Shearer offered amendment S-5367, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

Amendment S-5367 lost by a voice vote.

Senator Dearden offered amendment S-5369, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5369 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:


Ayes, 20:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
Maddox McCoy Ragan Shearer

 


Nays, 27:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Lundby McKean
McKibben McKinley Miller Redwine
Rehberg Rittmer Schuerer Sexton
Tinsman Veenstra Zieman

 


Absent or not voting, 3:
Fraise Redfern Soukup

 


Amendment S5369 lost.

Senator Kibbie offered amendment S-5370, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5370 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 21:
Black Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Flynn Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie Lundby McCoy Ragan
Shearer

 


Nays, 26:
Angelo Behn Boettger Freeman
Gaskill Greiner Houser Iverson
Jensen King Kramer Lamberti
Lord Maddox McKean McKibben
McKinley Miller Redwine Rehberg
Rittmer Schuerer Sexton Tinsman
Veenstra Zieman

 


Absent or not voting, 3:
Fraise Redfern Soukup

 


Amendment S5370 lost.

Senator McCoy offered amendment S-5371, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

Amendment S-5371 lost by a voice vote.

President Kramer took the chair at 3:10 a.m.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Hammond, for the remainder of the debate, on request of Senator Bolkcom.

BUSINESS PENDING

Senate File 2190

The Senate resumed consideration of Senate File 2190.

Senator Connolly offered amendment S-5361, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A nonrecord roll call was requested.

The ayes were 18, nays 25.

Amendment S-5361 lost.

Senator Connolly offered amendment S-5362, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.


Amendment S-5362 lost by a voice vote.

Senator Fink offered amendment S-5348, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5348 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 17:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hansen Harper
Holveck Horn McCoy Ragan
Shearer

 


Nays, 27:
Behn Boettger Drake Freeman
Gaskill Greiner Houser Iverson
Jensen King Kramer Lamberti
Lord Lundby Maddox McKean
McKibben McKinley Miller Redwine
Rehberg Rittmer Schuerer Sexton
Tinsman Veenstra Zieman

 


Absent or not voting, 6:
Angelo Fraise Hammond Kibbie
Redfern Soukup

 


Amendment S5348 lost.

Senator Fink offered amendment S-5350, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

Amendment S-5350 lost by a voice vote.

Senator Harper offered amendment S-5352, filed by her on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.


A nonrecord roll call was requested.

The ayes were 17, nays 27.

Amendment S-5352 lost.

Senator Dvorsky offered amendment S-5354, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5354 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hansen Harper
Holveck Horn Lundby Maddox
McCoy Ragan Shearer

 


Nays, 26:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord McKean McKibben
McKinley Miller Redwine Rehberg
Rittmer Schuerer Sexton Tinsman
Veenstra Zieman

 


Absent or not voting, 5:
Fraise Hammond Kibbie Redfern
Soukup

 


Amendment S5354 lost.

Senator Connolly offered amendment S-5359, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A nonrecord roll call was requested.


The ayes were 17, nays 27.

Amendment S-5359 lost.

Senator Holveck offered amendment S-5365, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A nonrecord roll call was requested.

The ayes were 18, nays 26.

Amendment S-5365 lost.

Senator Gronstal offered amendment S-5366, filed by him on
April 3, 2002, to page 2 of House amendment S-5272, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5366 to House amendment
S-5272 be adopted?" (S.F. 2190), the vote was:

Ayes, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hansen Harper
Holveck Horn Lundby Maddox
McCoy Ragan Shearer

 


Nays, 26:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord McKean McKibben
McKinley Miller Redwine Rehberg
Rittmer Schuerer Sexton Tinsman
Veenstra Zieman

 


Absent or not voting, 5:
Fraise Hammond Kibbie Redfern
Soukup

 



Amendment S5366 lost.

Senator Flynn offered amendment S-5349, filed by him on April 3,
2002, to page 3 of House amendment S-5272.

Senator Behn raised the point of order that amendment S-5349
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5349 out
of order.

Senator Bolkcom offered amendment S-5358, filed by him on April 3,
2002, to page 3 of House amendment S-5272.

Senator Behn raised the point of order that amendment S-5358
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5358 out
of order.

Senator Gronstal offered amendment S-5363, filed by him on
April 3, 2002, to page 3 of House amendment S-5272, and moved its
adoption.

Amendment S-5363 lost by a voice vote.

Senator Behn moved that the Senate concur in the House
amendment.

A record roll call was requested.

On the question "Shall the motion to concur be adopted?"
(S.F. 2190), the vote was:

Ayes, 26:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redwine
Rehberg Schuerer Sexton Tinsman
Veenstra Zieman

 



Nays, 18:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hansen Harper
Holveck Horn McCoy Ragan
Rittmer Shearer

 


Absent or not voting, 6:
Fraise Hammond Kibbie Lundby
Redfern Soukup

 


The motion prevailed and the Senate concurred in the House
amendment.

Senator Behn 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. 2190), the vote was:

Ayes, 26:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Maddox McKean
McKibben McKinley Miller Redwine
Rehberg Schuerer Sexton Tinsman
Veenstra Zieman

 


Nays, 18:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hansen Harper
Holveck Horn McCoy Ragan
Rittmer Shearer

 


Absent or not voting, 6:
Fraise Hammond Kibbie Lundby
Redfern Soukup

 


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 2190 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 5:28 a.m.
Tuesday, April 9, until 9:00 a.m. Tuesday, April 9, 2002.

APPENDIX

COMMUNICATION RECEIVED

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

April 8, 2002

DEPARTMENT OF PUBLIC HEALTH

Report to the General Assembly on Organized Delivery Systems in Iowa, pursuant
to 1993 Acts, Chapter 158.

AMENDMENTS FILED

S-5402 S.F. 2228 Donald B. Redfern
Nancy Boettger
S-5403 H.F. 2613 Appropriations
S-5404 H.F. 2459 Larry McKibben
Stewart Iverson, Jr.
Jeff Angelo
S-5405 S.F. 2228 Donald B. Redfern
Nancy Boettger
S-5406 H.F. 2515 Steve King
Kitty Rehberg
Neal Schuerer
Ken Veenstra
Jerry Behn
Mike Sexton
Jeff Angelo

David G. Lord
Hubert M. Houser
Larry McKibben
S-5407 S.F. 2280 House
S-5408 H.F. 678 House
S-5409 H.F. 2612 Appropriations
S-5410 H.F. 2614 Appropriations
S-5411 H.F. 2615 Appropriations
S-5412 H.F. 2615 Steven D. Hansen
S-5413 S.F. 2327 Dennis H. Black
S-5414 S.F. 2327 Dennis H. Black
S-5415 S.F. 2327 Dennis H. Black
S-5416 S.F. 2327 Dennis H. Black
S-5417 S.F. 2327 Dennis H. Black
S-5418 S.F. 2327 Dennis H. Black
S-5419 S.F. 2327 Dennis H. Black
S-5420 S.F. 2327 Dennis H. Black

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