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Senate Journal: Tuesday, April 9, 2002

JOURNAL OF THE SENATE

__________

EIGHTY-SIXTH CALENDAR DAY
FIFTY-FIRST SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, April 9, 2002

The Senate met in regular session at 9:04 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Jim Wakelin, pastor of the
Bloomfield Christian Church in Bloomfield, Iowa. He was the guest
of Senator McKinley.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:09 a.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 9:14 a.m., President Kramer presiding.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 141

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

1 SENATE RESOLUTION 141
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator John Redwine.
4 WHEREAS, Senator John Redwine is retiring from
5 legislative office after completing nearly six years
6 in office as a State Senator, in order to seek another
7 elective office; and

8 WHEREAS, Senator Redwine's distinguished career as
9 a state legislator has included service as an
10 Assistant Majority Leader during the Seventy-eighth
11 and Seventy-ninth General Assemblies; and
12 WHEREAS, Senator Redwine's legislative career has
13 also included service as Chairperson of the Human
14 Resources Committee and of the Administration and
15 Regulation Appropriations Subcommittee; and
16 WHEREAS, Senator Redwine's leadership and expertise
17 in the areas of human resources and health care issues
18 are well recognized; and
19 WHEREAS, Senator Redwine has served honorably and
20 has unselfishly given of his time and efforts to
21 further the interests of the State of Iowa and to
22 provide beneficial programs for the citizens of Iowa;
23 NOW THEREFORE,
24 BE IT RESOLVED BY THE SENATE, That the Senate pay
25 tribute to Senator John Redwine for his devoted
26 service to the Iowa General Assembly and the citizens
27 of this state, and wish him the very best in the years
28 ahead; and
29 BE IT FURTHER RESOLVED, That an official copy of
30 this Resolution be prepared and presented to Senator

Page 2

1 Redwine.

The Senate rose and expressed its tribute to Senator Redwine.

Senator Boettger took the chair at 9:31 a.m.

President Kramer took the chair at 9:45 a.m.

Senator Iverson moved the adoption of Senate Resolution 141,
which motion prevailed by a voice vote.

Senator Redwine was presented a plaque in appreciation of his
years of service and an enrolled copy of Senate Resolution 141.

Senator Redwine addressed the Senate with brief remarks.


SPECIAL GUEST

Senator Deluhery welcomed to the Senate chamber author, editor,
and public speaker Julie Nixon Eisenhower. Ms. Eisenhower spoke
on the success of the Iowa Jobs for America's Graduates program
(I-JAG).

The Senate rose and expressed its welcome.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Holveck, until he arrives, on request of Senator Deluhery; Senator Fink,
until he arrives, on request of Senator Shearer; Senators Drake and McKean, until
they arrive, on request of Senator Jensen; Senator Flynn, until he arrives, on request of
Senator Black; Senator Dearden, until he arrives, on request of Senator Gronstal; and
Senator Lundby, until she arrives, on request of Senator Angelo.

HOUSE AMENDMENT CONSIDERED
(Deferred April 3, 2002)

Senate File 348

The Senate resumed consideration of Senate File 348, a bill for
an act relating to the establishment of Iowa charter schools, and
House amendment S-5259, deferred April 3, 2002.

Senator Harper offered amendment S-5289, filed by her on
April 1, 2002, to page 3 of House amendment S-5259, and moved its
adoption.

A nonrecord roll call was requested.

The ayes were 17, nays 24.

Amendment S-5289 lost.

Senator Harper offered amendment S-5285, filed by her on
April 1, 2002, to page 3 of House amendment S-5259, and moved its
adoption.


Amendment S-5285 lost by a voice vote.

Senator Harper withdrew amendment S-5286, filed by her on April
1, 2002, to page 3 of House amendment S-5259.

Senator Harper offered amendment S-5287, filed by her on
April 1, 2002, to page 5 of House amendment S-5259, and moved its
adoption.

A nonrecord roll call was requested.

The ayes were 17, nays 24.

Amendment S-5287 lost.

Senator Harper withdrew amendment S-5288, filed by her on April
1, 2002, to page 8 of House amendment S-5259.

Senator Veenstra took the chair at 10:56 a.m.

President Kramer took the chair at 11:15 a.m.

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

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

Senator Angelo 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. 348), the vote was:

Ayes, 35:
Angelo Behn Black Boettger
Drake Fiegen Flynn Freeman
Gaskill Greiner Hansen Horn
Houser Iverson Jensen King
Kramer Lamberti Lord Maddox
McCoy McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Tinsman Veenstra Zieman

 


Nays, 12:
Bolkcom Connolly Deluhery Dvorsky
Fraise Gronstal Hammond Harper
Holveck Kibbie Ragan Soukup

 


Absent or not voting, 3:
Dearden Fink Lundby

 


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

UNFINISHED BUSINESS

House File 2378

On motion of Senator Shearer, House File 2378, a bill for an act
relating to the enterprise zone program and providing an effective
date, with report of committee recommending passage, placed on the
Unfinished Business Calendar on March 21, 2002, was taken up for
consideration.

(Action on House File 2378 was deferred.)

The Senate stood at ease at 11:38 a.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 11:52 a.m., Senator Jensen
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 9, 2002, passed the following bill in which the concurrence of the
House was asked:


Senate File 2034, a bill for an act relating to the filing of a
criminal indictment or trial information against a person who is not
present in the state.

ALSO: That the House has on April 9, 2002, concurred in the Senate amendment
and passed the following bill in which the concurrence of the Senate is asked:

House File 2416, a bill for an act relating to mental health and
developmental disability services requirements.

ALSO: That the House has on April 9, 2002, concurred in the Senate amendment
to the House amendment, and passed the following bill 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.

ALSO: That the House has on April 9, 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 2430, a bill for an act providing for the mental health
and developmental disabilities commission to assume the duties of
the state-county management committee and provides new
rulemaking authority associated with those duties. (S-5424)

RECESS

On motion of Senator Redwine, the Senate recessed at 11:54 a.m.
until 1:00 p.m.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Dorothy Lenning, Blairsburg - For celebrating your 80th birthday on April 12,
2002. Senator Iverson (04/09/02).

Kenneth and Olive Swendson, Eagle Grove - For celebrating your 60th wedding
anniversary on April 5, 2002. Senator Iverson (04/09/02).

PRESENTATION OF VISITORS

The Chair welcomed the following visitors who were present in the
Senate gallery:

Students from Winterset Middle School, accompanied by teacher
Carol Liechty. Senator Lord.

Members of the senior class from Clear Lake High School. Senator
Ragan.

REPORT OF COMMITTEE MEETING

RULES AND ADMINISTRATION

Convened: April 9, 2002, 9:10 a.m.

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

Members Absent: Dvorsky, Fink, Harper, McKean, and Rittmer (all excused).

Committee Business: Passed LSB 7265sv.

Adjourned: 9:12 a.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 153, by committee on Rules and
Administration, a Senate resolution honoring Senator Jack Holveck
for his years of legislative service.

Read first time under Rule 28 and placed on calendar.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 152

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

House File 2616

WAYS AND MEANS: Flynn, Chair; Drake and McKinley

House File 2617

WAYS AND MEANS: Rehberg, Chair; Flynn and McKibben

LSB 7250sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

LSB 7252sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

LSB 7265sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

COMMITTEE REPORT

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 153 (LSB 7265sv), a Senate resolution
honoring Senator Jack Holveck for his years of legislative service.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 6: Iverson, Kramer, Gronstal, Boettger, Gaskill, and Lord. Nays,
none. Absent or not voting, 5: Dvorsky, Fink, Harper, McKean, and Rittmer.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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 9th day of
April, 2002:

Senate Files 415 and 2279.

MICHAEL E. MARSHALL
Secretary of the Senate

AFTERNOON SESSION

The Senate reconvened at 1:00 p.m., Senator Gaskill presiding.

QUORUM CALL

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

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

President Kramer took the chair at 1:20 p.m.

The Journal of Monday, April 8, 2002, was approved.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 140

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

1 SENATE RESOLUTION 140
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Mike Sexton.
4 WHEREAS, Senator Mike Sexton has served as a member
5 of the Seventy-eighth and Seventy-ninth General
6 Assemblies and is retiring after completion of his
7 first term as a state senator; and
8 WHEREAS, Senator Sexton's distinguished career has
9 included service as Chairperson of the Natural
10 Resources and Environment Committee and as Vice
11 Chairperson of the Transportation Committee and of the
12 Agriculture and Natural Resources Appropriations
13 Subcommittee; and
14 WHEREAS, Senator Sexton's expertise in the areas of
15 agriculture and natural resources are well recognized;
16 and
17 WHEREAS, Senator Sexton has served honorably and
18 has unselfishly given of his time and efforts to
19 further the interests of the State of Iowa and to
20 provide beneficial programs for the citizens of Iowa;
21 NOW THEREFORE,
22 BE IT RESOLVED BY THE SENATE, That the Senate pay
23 tribute to Senator Mike Sexton for his devoted service

24 to the Iowa General Assembly and the citizens of this
25 state, and wish him the very best in the years ahead;
26 and
27 BE IT FURTHER RESOLVED, That an official copy of
28 this Resolution be prepared and presented to Senator
29 Sexton.

The Senate rose and expressed its tribute to Senator Sexton.

Senator Iverson moved the adoption of Senate Resolution 140,
which motion prevailed by a voice vote.

Senator Sexton was presented a plaque in appreciation of his years
of service and an enrolled copy of Senate Resolution 140.

Senator Sexton addressed the Senate with brief remarks.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator McCoy, until he returns, on request of Senator Hammond.

BUSINESS PENDING

House File 2378

The Senate resumed consideration of House File 2378, a bill for
an act relating to the enterprise zone program and providing an
effective date, previously deferred.

Senator Rehberg offered amendment S-5392, filed by Senators
Rehberg and Shearer on April 4, 2002, to pages 4, 7, and to the title
page of the bill, and moved its adoption.

Amendment S-5392 was adopted by a voice vote.

Senator Shearer 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. 2378), 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 Lundby
Maddox McKean McKibben McKinley
Miller Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, 1:
McCoy

 


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

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2329.

Senate File 2329

On motion of Senator Harper, Senate File 2329, a bill for an act
relating to the abatement of property taxes levied on the lands and
buildings of a religious institution and including effective and
retroactive applicability date provisions, was taken up for
consideration.

Senator Harper 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. 2329), 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 Lundby
Maddox McKean McKibben McKinley
Miller Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, 1:
McCoy

 


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 Files 348 and 2329 and House File 2378 be immediately
messaged to the House.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2613.

House File 2613

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

Senator Lamberti offered amendment S-5403, filed by the
committee on Appropriations on April 8, 2002, to pages 1 and 2 of the
bill, and moved its adoption.

Amendment S-5403 was adopted by a voice vote.

The Senate stood at ease at 2:01 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 3:20 p.m., President Kramer
presiding.

Senator Iverson asked and received unanimous consent that action
on House File 2613 be deferred.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 154, by Behn, a Senate resolution honoring
the Des Moines Area Community College Men's Basketball Team.

Read first time and referred to committee on Rules and
Administration.

Senate Resolution 155, by Iverson, Angelo, Behn, Black,
Boettger, Bolkcom, Connolly, Dearden, Deluhery, Drake, Dvorsky,
Fiegen, Fink, Flynn, Fraise, Freeman, Gaskill, Greiner, Gronstal,
Hammond, Hansen, Harper, Holveck, Horn, Houser, Jensen, Kibbie,
King, Kramer, Lamberti, Lord, Lundby, Maddox, McCoy, McKibben,
McKinley, Miller, Ragan, Redfern, Redwine, Rehberg, Rittmer,
Schuerer, Sexton, Shearer, Soukup, Tinsman, Veenstra, and Zieman,
a Senate resolution honoring and paying tribute to Auditor of State
Richard D. Johnson upon his retirement from public office.

Read first time and referred to committee on Rules and
Administration.

RECESS

On motion of Senator Iverson, the Senate recessed at 3:21 p.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 3:24 p.m., President Kramer presiding.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2612.

House File 2612

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

Senator Lamberti offered amendment S-5409, filed by the
committee on Appropriations on April 8, 2002, to page 5 and to the
title page of the bill, and moved its adoption.

Amendment S-5409 was adopted by a voice vote.

Senator Rehberg offered amendment S-5421, filed by her from the
floor to pages 4 and 5 of the bill.

Senator Rehberg withdrew amendment S-5421.

Senator Flynn asked and received unanimous consent that action
on House File 2612 be deferred.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Shearer, until he returns, on request of Senator Harper.


BUSINESS PENDING

House File 2613

The Senate resumed consideration of 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, previously deferred.

Senator Veenstra 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. 2613), the vote was:

Ayes, 37:
Angelo Behn Boettger Drake
Fiegen Freeman Gaskill Greiner
Hammond Hansen Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lord
Lundby Maddox McKean McKibben
McKinley Miller Ragan Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Soukup Tinsman Veenstra
Zieman

 


Nays, 12:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fink Flynn
Fraise Gronstal Harper McCoy

 


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.


CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2614.

House File 2614

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

Senator Jensen offered amendment S-5410, filed by the committee
on Appropriations on April 8, 2002, to pages 5, 7, and 8 of the bill.

Senator Boettger offered amendment S-5430, filed by her from the
floor to page 1 of amendment S-5410, and moved its adoption.

Amendment S-5430 was adopted by a voice vote.

Senator Jensen moved the adoption of amendment S-5410, as
amended.

Amendment S-5410 was adopted by a voice vote.

Senator Jensen offered amendment S-5425, filed by Senators
Jensen and Lamberti from the floor to page 19 of the bill, and moved
its adoption.

Amendment S-5425 was adopted by a voice vote.

Senator Tinsman asked and received unanimous consent that
action on House File 2614 be deferred.


BUSINESS PENDING

House File 2612

The Senate resumed consideration of 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, previously deferred.

Senator Flynn offered amendment S-5433, filed by him from the
floor to pages 4 and 5 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5433 be adopted?"
(H.F. 2612), the vote was:

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

 


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

 


Absent or not voting, none.

Amendment S-5433 lost.

Senator Bolkcom offered amendment S-5432, filed by him from the
floor to page 5 and to the title page of the bill, and moved its adoption.


A nonrecord roll call was requested.

The ayes were 16, nays 26.

Amendment S-5432 lost.

Senator Jensen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2612), the vote was:

Ayes, 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

 


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, none.

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
House Files 2612 and 2613 be immediately messaged to the
House.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 142

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

1 SENATE RESOLUTION 142
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Sheldon Rittmer.
4 WHEREAS, Senator Rittmer is retiring from
5 legislative office after completing three terms in
6 office as a State Senator; and
7 WHEREAS, Senator Rittmer's distinguished career has
8 included service as Chairperson of the State
9 Government Committee, the Transportation Committee,
10 and the Small Business, Economic Development and
11 Tourism Committee; Chairperson of the Health and Human
12 Rights Appropriations Subcommittee; member of the
13 Appropriations Committee; and Chairperson and ten-year
14 member of the Administrative Rules Review Committee;
15 and
16 WHEREAS, Senator Rittmer has served on many other
17 standing committees throughout his 12 years of
18 legislative service and has been an influential and
19 devoted legislator in this state; and
20 WHEREAS, Senator Rittmer has been instrumental in
21 the passage of legislation relating to state
22 government, professional licensing, public retirement
23 systems, transportation, and administrative rules
24 review; and
25 WHEREAS, Senator Rittmer has been active in
26 international relations and represented the Iowa
27 Senate on a visit to Iowa's Sister State, Stavropol,
28 Russia; and
29 WHEREAS, Senator Rittmer has served honorably and
30 has unselfishly given of his time and efforts to

Page 2

1 further the interests of the State of Iowa and to
2 provide beneficial programs for the citizens of Iowa;
3 NOW THEREFORE,
4 BE IT RESOLVED BY THE SENATE, That the Senate pay
5 tribute to Senator Sheldon Rittmer for his devoted
6 service to the Iowa General Assembly and the citizens
7 of this state and wish him the very best in the years


8 ahead; and
9 BE IT FURTHER RESOLVED, That an official copy of
10 this Resolution be prepared and presented to Senator
11 Rittmer.

The Senate rose and expressed its tribute to Senator Rittmer.

Senator Boettger moved the adoption of Senate Resolution 142,
which motion prevailed by a voice vote.

Senator Rittmer was presented a plaque in appreciation of his
years of service and an enrolled copy of Senate Resolution 142.

Senator Rittmer addressed the Senate with brief remarks.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Redfern, until he returns, on request of Senator Gaskill; and Senator
Shearer, until he returns, on request of Senator Dvorsky.

BUSINESS PENDING

House File 2614

The Senate resumed consideration of 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, previously deferred.

Senator Tinsman offered amendment S-5434, filed by her from the
floor to page 18 of the bill, and moved its adoption.

Amendment S-5434 was adopted by a voice vote.

Senator Jensen moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.

On the question "Shall the bill pass?" (H.F. 2614), the vote was:


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

 


Nays, 19:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Hammond Hansen
Harper Holveck Horn Kibbie
McCoy Ragan Soukup

 


Absent or not voting, 2:
Redfern Shearer

 


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

IMMEDIATELY MESSAGED

Senator McKean asked and received unanimous consent that
House File 2614 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 6:08 p.m.
until 8:00 a.m. Wednesday, April 10, 2002.


APPENDIX

REPORTS OF COMMITTEE MEETINGS

AGRICULTURE

Convened: April 9, 2002, 6:45 p.m.

Members Present: Behn, Chair; Houser, Vice Chair; Fraise, Ranking Member;
Angelo, Boettger, Fiegen, Gaskill, Greiner, Kibbie, Ragan, Sexton, Shearer, Soukup,
Veenstra, and Zieman.

Members Absent: None.

Committee Business: Passed SF 2293 (as amended).

Adjourned: 7:35 p.m.

RULES AND ADMINISTRATION

Convened: April 9, 2002, 3:20 p.m.

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

Members Absent: Dvorsky and Fink (both excused).

Committee Business: Passed SRs 152, 154, and 155. Passed resolutions honoring
retiring LSB staff.

Adjourned: 3:22 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 156, by Dvorsky, a Senate resolution
honoring Irene Bowers on her more than 50-year teaching career in
the Iowa City Community School District.

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

Senate Resolution 157, by McKean, a Senate resolution
congratulating the University of Iowa Mock Trial Team on winning
the 2002 Undergraduate Intercollegiate Mock Trial Competition
National Championship.


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

Senate Resolution 158, by committee on Rules and
Administration, a Senate resolution honoring Thane R. Johnson upon
his retirement from the Legislative Service Bureau as a Senior
Research Analyst.

Read first time under Rule 28 and placed on calendar.

Senate Resolution 159, by committee on Rules and
Administration, a Senate resolution honoring Diane E. Bolender upon
her retirement as Director of the Legislative Service Bureau.

Read first time under Rule 28 and placed on calendar.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 154

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

LSB 7239ss

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

COMMITTEE REPORTS

AGRICULTURE

Final Bill Action: SENATE FILE 2293, a bill for an act relating to animal
agriculture.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5437.

Final Vote: Ayes, 14: Behn, Houser, Fraise, Angelo, Boettger, Fiegen, Gaskill,
Kibbie, Ragan, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, 1: Greiner.
Absent or not voting, none.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 152, a Senate resolution requesting
Iowa's congressional delegation to work to permanently repeal the federal death tax.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Boettger, Gaskill, Harper, Lord,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Dvorsky and Fink.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 154 (LSB 7263ss), a Senate resolution
honoring the Des Moines Area Community College Men's Basketball Team.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Boettger, Gaskill, Harper, Lord,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Dvorsky and Fink.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 155 (LSB 7239ss), a Senate resolution
honoring and paying tribute to Auditor of State Richard D. Johnson upon his
retirement from public office.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Boettger, Gaskill, Harper, Lord,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Dvorsky and Fink.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 158 (LSB 7250sv), a Senate resolution
honoring Thane R. Johnson upon his retirement from the Legislative Service Bureau
as a Senior Research Analyst.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Boettger, Gaskill, Harper, Lord,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Dvorsky and Fink.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 159 (LSB 7252sv), a Senate resolution
honoring Diane E. Bolender upon her retirement as Director of the Legislative Service
Bureau.

Recommendation: APPROVED COMMITTEE BILL.


Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Boettger, Gaskill, Harper, Lord,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Dvorsky and Fink.

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 engrossing
House File 2614 and amendment S-5430, the following correction was made:

1. Page 1, line 10, the letter "c." was changed to the letter "b.".

MICHAEL E. MARSHALL
Secretary of the Senate

BILL SIGNED BY THE GOVERNOR

A communication was received announcing that on April 9, 2002,
the Governor approved and transmitted to the Secretary of State the
following bills:

S.F. 2309 - Providing for regulation of processors, providing for penalties, and
providing an effective date and for retroactive applicability.

CONFERENCE COMMITTEE REPORT RECEIVED
(House File 2532)

A conference committee report, signed by the following Senate and
House members, was filed April 9, 2002, on House File 2532, a bill for
an act relating to public retirement systems and providing effective
and retroactive applicability dates.

On the part of the Senate: On the part of the House:

SHELDON RITTMER, Chair JEFF ELGIN, Chair
MIKE CONNOLLY CHUCK GIPP
RICHARD DRAKE RICK LARKIN
JOHN P. KIBBIE JANET METCALF
MIKE SEXTON TODD TAYLOR

AMENDMENTS FILED

S-5421 H.F. 2612 Kitty Rehberg
S-5422 H.F. 2615 Johnie Hammond
Thomas Fiegen
S-5423 H.F. 2515 Steve King

Jerry Behn
Neal Schuerer
Ken Veenstra
Kitty Rehberg
David G. Lord
S-5424 H.F. 2430 House
S-5425 H.F. 2614 John W. Jensen
Jeff Lamberti
S-5426 H.F. 2615 Mary E. Kramer
Jeff Lamberti
S-5427 H.F. 2592 Kitty Rehberg
S-5428 H.F. 2486 Steve King
S-5429 S.F. 2258 Jeff Angelo
S-5430 H.F. 2614 Nancy Boettger
S-5431 S.F. 2327 John P. Kibbie
S-5432 H.F. 2612 Joe Bolkcom
S-5433 H.F. 2612 Tom Flynn
S-5434 H.F. 2614 Maggie Tinsman
S-5435 S.F. 2330 Jeff Lamberti
S-5436 H.F. 2339 Jeff Angelo
S-5437 S.F. 2293 Agriculture

Previous Day: Monday, April 8Next Day: Wednesday, April 10
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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