Previous Day: Tuesday, April 9Next Day: Thursday, April 11
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Senate Journal: Wednesday, April 10, 2002

JOURNAL OF THE SENATE

__________

EIGHTY-SEVENTH CALENDAR DAY
FIFTY-SECOND SESSION DAY

Senate Chamber
Des Moines, Iowa, Wednesday, April 10, 2002

The Senate met in regular session at 8:06 a.m., President Kramer
presiding.

Prayer was offered by Godz Guys (Music Ministry) of the Gloria
Dei Lutheran Church in Urbandale, Iowa. They were the guests of
Senator Maddox.

The Journal of Tuesday, April 9, 2002, was approved.

RESOLUTION REFERRED TO COMMITTEE

Senator Iverson asked and received unanimous consent that
Senate Resolution 135 be referred from the Regular Calendar to
the committee on Rules and Administration.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 148

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

1 SENATE RESOLUTION 148
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator JoAnn Johnson.
4 WHEREAS, Senator JoAnn Johnson has retired from
5 legislative office after completing nearly eight years
6 in office as a State Senator; and
7 WHEREAS, Senator Johnson's distinguished career as
8 a state legislator has included service as Chairperson
9 of the Commerce Committee and of the Ways and Means
10 Committee; as Vice Chairperson of the Health and Human

11 Rights Appropriations Subcommittee; and as a member of
12 the Administrative Rules Review Committee; and
13 WHEREAS, Senator Johnson has served on many other
14 standing committees and appropriation subcommittees
15 throughout her years of legislative service and has
16 been an influential and devoted legislator in this
17 state; and
18 WHEREAS, Senator Johnson has been instrumental in
19 the passage of legislation relating to agriculture,
20 commerce, and ways and means issues; and
21 WHEREAS, Senator Johnson 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 JoAnn Johnson 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 Johnson.

The Senate rose and expressed its tribute to Senator Johnson.

Senator Iverson moved the adoption of Senate Resolution 148,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 149

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

1 SENATE RESOLUTION 149
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Merlin E. Bartz.
4 WHEREAS, Senator Merlin E. Bartz has retired from
5 legislative office after completing nearly 10 years in
6 office as a State Senator and one term as a member of
7 the House of Representatives; and
8 WHEREAS, Senator Bartz's distinguished career as a

9 state legislator has included service as an Assistant
10 Majority Leader in the Seventy-seventh through
11 Seventy-ninth General Assemblies; and
12 WHEREAS, Senator Bartz's legislative career has
13 also included service as Chairperson of the Natural
14 Resources and Environment Committee; as Vice
15 Chairperson of the Local Government Committee and of
16 the Administration and Regulation Appropriations
17 Subcommittee; and as a member and as Chairperson of
18 the Administrative Rules Review Committee; and
19 WHEREAS, Senator Bartz has served on many other
20 standing committees throughout his 12 years of
21 legislative service and has been an influential and
22 devoted legislator in this state; and
23 WHEREAS, Senator Bartz has been instrumental in the
24 passage of legislation relating to agriculture,
25 natural resources, and administrative rules review;
26 and
27 WHEREAS, Senator Bartz has served honorably and has
28 unselfishly given of his time and efforts to further
29 the interests of the State of Iowa and to provide
30 beneficial programs for the citizens of Iowa; NOW

Page 2

1 THEREFORE,
2 BE IT RESOLVED BY THE SENATE, That the Senate pay
3 tribute to Senator Merlin E. Bartz for his devoted
4 service to the Iowa General Assembly and the citizens
5 of this state and wish him the very best in the years
6 ahead; and
7 BE IT FURTHER RESOLVED, That an official copy of
8 this Resolution be prepared and presented to Senator
9 Bartz.

The Senate rose and expressed its tribute to Senator Bartz.

Senator Iverson moved the adoption of Senate Resolution 149,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 150

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


1 SENATE RESOLUTION 150
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Dennis H. Black
4 for his years of legislative service.
5 WHEREAS, Senator Dennis H. Black will this year
6 complete his second term of office in the Senate and
7 his twentieth year of office in the Iowa General
8 Assembly; and
9 WHEREAS, Senator Black has served honorably and has
10 unselfishly given his time and efforts to further the
11 interests of the State of Iowa and to provide
12 beneficial programs for the citizens of Iowa; and
13 WHEREAS, it is proper that Senator Black be honored
14 for his many years of service to the State of Iowa;
15 NOW THEREFORE,
16 BE IT RESOLVED BY THE SENATE, That the Senate pay
17 tribute to Senator Black and express its gratitude for
18 the service rendered by him; and
19 BE IT FURTHER RESOLVED, That the Senate present to
20 Senator Black his Senate chair in appreciation for his
21 service.

Senator Hansen moved the adoption of Senate Resolution 150,
which motion prevailed by a voice vote.

Senator Black addressed the Senate with brief remarks.

Senator Black was presented his Senate chair in honor of his 20
years of service and an enrolled copy of Senate Resolution 150.

The Senate rose and expressed its appreciation.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Redfern, until he arrives, on request of Senator Gaskill.

HOUSE AMENDMENT CONSIDERED

Senate File 503

Senator Sexton called up for consideration Senate File 503, a bill
for an act relating to the construction of facilities or installation of
practices related to open feedlot manure control, and providing an
effective date, amended by the House in House amendment S-5294,
filed April 2, 2002.

Senator Sexton withdrew amendment S-5390, filed by him on
April 4, 2002, to page 1 of House amendment S-5294.

Senator Sexton 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 Sexton 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. 503), 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 McCoy McKean McKibben
McKinley Miller Ragan Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, 1:
Redfern

 


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


HOUSE AMENDMENT CONSIDERED

Senate File 2280

Senator Veenstra called up for consideration Senate File 2280, a
bill for an act relating to the requirements of the department of
human services for certain child welfare services providers, amended
by the House, and moved that the Senate concur in House
amendment S-5407, filed April 8, 2002.

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

Senator Veenstra 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. 2280), the vote was:

Ayes, 50:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lord Lundby
Maddox McCoy McKean McKibben
McKinley Miller Ragan Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, none.

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


UNFINISHED BUSINESS

House File 2559

On motion of Senator Shearer, House File 2559, a bill for an act
relating to child protection confidentiality requirements involving the
department of human services, with report of committee
recommending passage, placed on the Unfinished Business Calendar
on March 21, 2002, was taken up for consideration.

Senator King offered amendment S-5215, filed by him on
March 19, 2002, to page 3 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5215 be adopted?"
(H.F. 2559), the vote was:

Ayes, 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 Shearer Veenstra Zieman

 


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

 


Absent or not voting, none.

Amendment S5215 was adopted.

Senator Hansen asked and received unanimous consent that
action on House File 2559 be deferred.


Senator Boettger took the chair at 9:45 a.m.

President Kramer took the chair at 10:09 a.m.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 143

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

1 SENATE RESOLUTION 143
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Andrew J. McKean.
4 WHEREAS, Senator Andrew J. "Andy" McKean is
5 retiring from legislative office after completing 10
6 years in office as a State Senator and seven terms as
7 a member of the House of Representatives; and
8 WHEREAS, Senator McKean's distinguished career as a
9 state legislator has included service as President Pro
10 Tempore during the Seventy-ninth General Assembly; and
11 WHEREAS, Senator McKean's legislative career has
12 also included service as Chairperson of the Judiciary
13 Committee and as Vice Chairperson of the Ethics
14 Committee and of the Justice Systems Appropriations
15 Subcommittee; and
16 WHEREAS, Senator McKean has served on many other
17 standing committees throughout his 24 years of
18 legislative service and has been an influential and
19 devoted legislator in this state; and
20 WHEREAS, Senator McKean has been instrumental in
21 the passage of legislation pertinent to Iowa relating
22 to criminal and civil law, the correctional system,
23 and natural resources; and
24 WHEREAS, Senator McKean 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 Andrew J. "Andy" McKean for his

Page 2

1 devoted service to the Iowa General Assembly and the
2 citizens of this state and wish him the very best in


3 the years ahead; and
4 BE IT FURTHER RESOLVED, That, an official copy of
5 this Resolution be prepared and presented to Senator
6 McKean.

The Senate rose and expressed its tribute to Senator McKean.

Senator Iverson moved the adoption of Senate Resolution 143,
which motion prevailed by a voice vote.

Senator McKean was presented a plaque in appreciation of his
years of service and an enrolled copy of Senate Resolution 143.

Senator McKean addressed the Senate with brief remarks.

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

Senate File 2118, a bill for an act prohibiting certain activities
related to the use or destruction of the materials of human
reproduction, and providing penalties. (S-5439)

Senate File 2323, a bill for an act relating to the creation of a
registered nurse recruitment program and fund to be administered by
the college student aid commission. (S-5440)

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

House File 2622, a bill for an act relating to the administration of
the tax and related laws by the department of revenue and finance,
including administration of state individual income, corporate
income, sales and use, property, motor fuel, special fuel, and
inheritance taxes and including effective and retroactive applicability
date provisions.

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

ALSO: That the House has on April 10, 2002, adopted the conference committee
report and passed House File 2532, a bill for an act relating to public retirement
systems and providing effective and retroactive applicability dates.

ALSO: That the House has on April 10, 2002, passed the following bill in which
the concurrence of the House was asked:

Senate File 2317, a bill for an act relating to the tobacco master
settlement agreement, including tobacco product manufacturer
compliance, making an appropriation, and providing penalties.

ALSO: That the House has on April 10, 2002, concurred in the Senate
amendment and passed the following bills in which the concurrence of the Senate is
asked:

House File 2378, a bill for an act relating to the enterprise zone
program and providing an effective date.

House File 2472, a bill for an act relating to the office of secretary
of state and the conduct of elections and of voter registration in the
state and including effective and applicability date provisions.

ALSO: That the House has on April 10, 2002, passed the following bill in which
the concurrence of the Senate is asked:

House File 2589, a bill for an act relating to the meetings of the
revenue estimating conference.

Read first time and referred to committee on Appropriations.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 503 and 2280 be immediately messaged to the
House.

RECESS

On motion of Senator Iverson, the Senate recessed at 11:32 a.m.
until 1:00 p.m.


AFTERNOON SESSION

The Senate reconvened at 1:20 p.m., President Kramer presiding.

Senator Boettger took the chair at 1:21 p.m.

President Kramer took the chair at 1:41 p.m.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 145

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

1 SENATE RESOLUTION 145
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator John W. Jensen.
4 WHEREAS, Senator John W. Jensen is retiring from
5 legislative office after completing six terms in
6 office as a State Senator; and
7 WHEREAS, Senator Jensen's distinguished career as a
8 state legislator has included service as Majority
9 Leader during the Seventy-third General Assembly, and
10 service for 10 years as an Assistant Minority Leader
11 during the Seventieth through Seventy-fourth General
12 Assemblies; and
13 WHEREAS, Senator Jensen's legislative career has
14 also included service as Chairperson of the Commerce
15 Committee and of the Transportation, Infrastructure,
16 and Capitals Appropriations Subcommittee; and as Vice
17 Chairperson of the Transportation Committee; and as a
18 member of the Commerce Committee for 22 years; and
19 WHEREAS, Senator Jensen has served on many other
20 standing committees throughout his 24 years of
21 legislative service and has been an influential and
22 devoted legislator in this state; and
23 WHEREAS, Senator Jensen has sponsored and been
24 instrumental in the passage of legislation pertinent
25 to Iowa relating to commerce, transportation, and
26 State Capitol restoration and preservation; and
27 WHEREAS, Senator Jensen has made the restoration,
28 conservation, and preservation of the State Capitol
29 his personal and professional mission during his
30 tenure in the Iowa Senate, and without regard to self-


Page 2

1 interest has raised public and private funds for the
2 purpose of returning the State Capitol to its full
3 grandeur; and
4 WHEREAS, Senator Jensen's devotion to the State
5 Capitol has included service as Chairperson and Vice
6 Chairperson of the Capital Projects Committee of the
7 Legislative Council, as well as service on the Capital
8 Projects Workgroup and on the Capitol Planning
9 Commission, and charter membership in the Friends of
10 Capitol Hill, Inc.; and
11 WHEREAS, Senator Jensen has served honorably and
12 has unselfishly given of his time and efforts to
13 further the interests of the State of Iowa and to
14 provide beneficial programs for the citizens of Iowa;
15 NOW THEREFORE,
16 BE IT RESOLVED BY THE SENATE, That the Senate pay
17 tribute to Senator John W. Jensen for his devoted
18 service to the Iowa General Assembly and the citizens
19 of this state and wish him the very best in the years
20 ahead; and
21 BE IT FURTHER RESOLVED, That an official copy of
22 this Resolution be prepared and presented to Senator
23 Jensen.

Ms. Carolann Jensen, Senior Research Analyst, paid tribute to her
parents and presented a painting by Nadine Hawbaker to be hung in
the Supreme Court chamber in honor of Myrtle Jensen.

The Senate rose and expressed its tribute to Senator Jensen.

Senator Iverson moved the adoption of Senate Resolution 145,
which motion prevailed by a voice vote.

Senator Jensen was presented a plaque in appreciation of his years
of service and an enrolled copy of Senate Resolution 145.

Senator Jensen addressed the Senate with brief remarks.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 127.

Senate Resolution 127

On motion of Senator Hammond, Senate Resolution 127, a
Senate resolution honoring Cael Sanderson on his athletic
achievements as a wrestler, with report of committee recommending
passage, was taken up for consideration.

1 SENATE RESOLUTION 127
2 By: Hammond, Fink, Hansen, Connolly, Holveck,
3 Deluhery, Bolkcom, Dvorsky, Kibbie, Ragan, Black,
4 McCoy, Dearden, Horn, Fraise, Shearer, Jensen,
5 King, Redwine, Kramer, Iverson, McKean,
6 Veenstra, McKinley, Schuerer, Tinsman, Behn,
7 Sexton, McKibben, Freeman, Greiner, Zieman,
8 Lord, Boettger, Rehberg, Drake, and Lamberti
9 A Senate resolution honoring Cael Sanderson on his athletic
10 achievements as a wrestler.
11 WHEREAS, Iowa State wrestler Cael Sanderson is the
12 nation's most accomplished collegiate wrestler; and
13 WHEREAS, Cael Sanderson is a senior and has an Iowa
14 State career record of 159 wins and no losses; and
15 WHEREAS, Cael Sanderson is the nation's top-ranked
16 wrestler at 197 pounds; and
17 WHEREAS, Cael Sanderson is the first college
18 wrestler ever to win the NCAA Tournament's outstanding
19 wrestler award four times; and
20 WHEREAS, Cael Sanderson is a three-time Dan Hodge
21 Award recipient; and
22 WHEREAS, Cael Sanderson is a two-time Academic All-
23 American; and
24 WHEREAS, Cael Sanderson elected not to compete at
25 the 2001 World Championships to concentrate on Iowa
26 State team and individual collegiate goals; and
27 WHEREAS, Cael Sanderson competed at the NCAA
28 championships with the Iowa State Wrestling Team in
29 Albany, New York, on March 23, 2002, and completed his
30 fourth consecutive undefeated collegiate wrestling

Page 2

1 season with a fourth NCAA championship; and
2 WHEREAS, Cael Sanderson is the first collegiate
3 wrestler ever to win four individual NCAA titles
4 without a loss; and
5 WHEREAS, Cael Sanderson has provided Iowa State
6 wrestling fans, the State of Iowa, and the nation with
7 four years of excitement and inspiration; NOW
8 THEREFORE,
9 BE IT RESOLVED BY THE SENATE, That the Senate
10 recognizes and extends its congratulations to Cael

11 Sanderson for his outstanding and unparalleled
12 athletic achievements at Iowa State and thanks him for
13 his contributions to Iowa State wrestling and
14 athletics.
15 BE IT FURTHER RESOLVED, That the Senate wishes Cael
16 Sanderson continued success in all of his future
17 endeavors.
18 BE IT FURTHER RESOLVED, That, upon adoption, the
19 Secretary of the Senate shall prepare official copies
20 of this Resolution for presentation to Cael Sanderson
21 and to Iowa State University.

Senator Hammond moved the adoption of Senate Resolution 127,
which motion prevailed by a voice vote.

SPECIAL GUESTS

Senator Hammond introduced to the Senate chamber Iowa State
wrestler Cael Sanderson.

Mr. Sanderson addressed the Senate with brief remarks and
introduced Iowa State Wrestling Coach Bobby Douglas, Iowa State
Athletic Director Bruce Van De Velde, and former University of Iowa
Wrestling Coach Dan Gable.

The Senate rose and expressed its appreciation.

CONSIDERATION OF RESOLUTIONS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolutions 116 and 119.

Senate Resolution 116

On motion of Senator Redfern, Senate Resolution 116, a Senate
resolution congratulating the University of Northern Iowa Panthers
Women's Volleyball Team, with report of committee recommending
passage, was taken up for consideration.

Senator Redfern moved the adoption of Senate Resolution 116,
which motion prevailed by a voice vote.


SPECIAL GUEST

Senator Redfern welcomed to the Senate chamber Sloane Tyler,
Assistant Athletic Director for the University of Northern Iowa.

The Senate rose and expressed its welcome.

Senate Resolution 119

On motion of Senator Redfern, Senate Resolution 119, a Senate
resolution congratulating the 2001 University of Northern Iowa
Baseball Team, with report of committee recommending passage, was
taken up for consideration.

Senator Redfern moved the adoption of Senate Resolution 119,
which motion prevailed by a voice vote.

The Senate stood at ease at 2:59 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 4:29 p.m., President Kramer
presiding.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 153

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

1 SENATE RESOLUTION 153
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Jack Holveck for his
4 years of legislative service.
5 WHEREAS, Senator Jack Holveck will this year
6 complete his twentieth year of office in the Iowa
7 General Assembly while serving his first term of
8 office in the Senate; and
9 WHEREAS, Senator Holveck has served honorably and
10 has unselfishly given his time and efforts to further
11 the interests of the State of Iowa and to provide
12 beneficial programs for the citizens of Iowa; and
13 WHEREAS, it is proper that Senator Holveck be

14 honored for his many years of service to the State of
15 Iowa; NOW THEREFORE,
16 BE IT RESOLVED BY THE SENATE, That the Senate pay
17 tribute to Senator Jack Holveck and express its
18 gratitude for the service rendered by him.
19 BE IT FURTHER RESOLVED, That the Senate present to
20 Senator Holveck his Senate chair in appreciation for
21 his service.

Senator Hammond moved the adoption of Senate Resolution 153,
which motion prevailed by a voice vote.

Senator Holveck was presented his Senate chair in honor of his 20
years of service and an enrolled copy of Senate Resolution 153.

Senator Holveck addressed the Senate with brief remarks.

The Senate rose and expressed its appreciation.

UNFINISHED BUSINESS

Senate File 2293

On motion of Senator Angelo, Senate File 2293, a bill for an act
relating to animal agriculture, placed on the Unfinished Business
Calendar on March 14, 2002, with report of committee on Agriculture
recommending amendment and passage, was taken up for
consideration.

Senator Behn offered amendment S-5437, filed by the committee
on Agriculture on April 9, 2002, striking and replacing everything
after the enacting clause and to the title page of the bill.

Senator Sexton offered amendment S-5446, filed by him from the
floor to pages 1-54 of amendment S-5437.

The Senate stood at ease at 5:09 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 6:05 p.m., President Kramer
presiding.


Senator Sexton moved the adoption of amendment S-5446.

Amendment S-5446 lost by a voice vote.

Senator Angelo offered amendment S-5443, filed by him from the
floor to pages 5, 11-13, 15, 17, 34, 36, 49, and 50 of amendment
S-5437, and moved its adoption.

Amendment S-5443 was adopted by a voice vote.

Senator Fraise offered amendment S-5444, filed by him from the
floor to page 34 of amendment S-5437, and moved its adoption.

Amendment S-5444 lost by a voice vote.

Senator Lundby offered amendment S-5448, filed by her from the
floor to page 48 of amendment S-5437, and moved its adoption.

Amendment S-5448 was adopted by a voice vote.

Senator Holveck offered amendment S-5447, filed by Senators
Holveck, et al., from the floor to page 50 of amendment S-5437, and
moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5447 to amendment S-5437
be adopted?" (S.F. 2293), the vote was:

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

 


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

 


Absent or not voting, 1:
Rittmer

 


Amendment S5447 lost.

Senator Bolkcom offered amendment S-5450, filed by him from the
floor to pages 1 and 54 of amendment S-5437.

Senator Angelo raised the point of order that amendment S-5450
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5450 out
of order.

Senator Ragan offered amendment S-5457, filed by Senator
Ragan, et al., from the floor to pages 1, 15, 16, 20, 23-30, 44-50, and
53 of amendment S-5437.

Senator Ragan called for the following division of amendment
S-5457:

Division S-5457A: Page 1, lines 3-50; and page 2, lines 1-29; and
Division S-5457B: Page 2, lines 30-31.

Senator Ragan asked and received unanimous consent to withdraw
division S-5457B.

Senator Boettger took the chair at 7:49 p.m.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Black, until he returns, on request of Senator Gronstal.


BUSINESS PENDING

Senate File 2293

The Senate resumed consideration of Senate File 2293.

Senator Ragan moved the adoption of division S-5457A.

A record roll call was requested.

On the question "Shall division S-5457A to amendment S-5437 be
adopted?" (S.F. 2293), the vote was:

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

Ayes, 19:
Bolkcom Connolly Dearden Deluhery
Dvorsky Fink Flynn Fraise
Gronstal Hammond Hansen Harper
Holveck Horn Kibbie McCoy
Ragan Soukup Tinsman

 


Nays, 30:
Angelo Behn Boettger Drake
Fiegen Freeman Gaskill Greiner
Houser Iverson Jensen King
Kramer Lamberti Lord Lundby
Maddox McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Veenstra Zieman

 


Absent or not voting, 1:
Black

 


Division S5457A lost.

President Kramer took the chair at 8:26 p.m.

Senator Kibbie offered amendment S-5458, filed by him from the
floor to pages 16, 25, 43, and 45-50 of amendment S-5437.


Senator Kibbie called for the following division of amendment
S-5458:

Division S-5458A: Page 1, lines 3-50; and page 2, lines 1-12 and
15; and
Division S-5458B: Page 2, lines 13-14.

Senator Kibbie withdrew division S-5458B.

Senator Kibbie moved the adoption of division S-5458A.

Division S-5458A lost by a voice vote.

Senator Kibbie offered amendment S-5451, filed by Senators
Kibbie, Soukup, and Fraise from the floor to page 23 of amendment
S-5437, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5451 to amendment S-5437
be adopted?" (S.F. 2293), 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 S5451 lost.


Senator Fraise offered amendment S5456, filed by him from the
floor to page 36 of amendment S-5437, and moved its adoption.

Amendment S-5456 lost by a voice vote.

Senator Soukup offered amendment S-5459, filed by Senators
Soukup, Kibbie, and Fraise from the floor to page 39 of amendment
S-5437, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5459 to amendment S-5437
be adopted?" (S.F. 2293), 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 S5459 lost.

President Pro Tempore McKean took the chair at 9:26 p.m.

Senator Hammond offered amendment S-5453, filed by Senators
Hammond and Connolly from the floor to page 40 of amendment
S-5437, and moved its adoption.

A record roll call was requested.


On the question "Shall amendment S-5453 to amendment S-5437
be adopted?" (S.F. 2293), the vote was:

Ayes, 13:
Bolkcom Connolly Dearden Dvorsky
Fink Gronstal Hammond Hansen
Harper Holveck McCoy Ragan
Soukup

 


Nays, 37:
Angelo Behn Black Boettger
Deluhery Drake Fiegen Flynn
Fraise Freeman Gaskill Greiner
Horn Houser Iverson Jensen
Kibbie King Kramer Lamberti
Lord Lundby Maddox McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Tinsman Veenstra
Zieman

 


Absent or not voting, none.

Amendment S5453 lost.

Senator Bolkcom offered amendment S5449, filed by him from the
floor to page 50 of amendment S-5437.

Senator Bolkcom withdrew amendment S-5449.

Senator Angelo offered amendment S-5455, filed by Senators
Angelo and Kibbie from the floor to page 53 of amendment S-5437,
and moved its adoption.

Amendment S-5455 was adopted by a voice vote.

Senator Soukup offered amendment S-5454, filed by Senators
Soukup, Fraise, and Kibbie from the floor to page 53 of amendment
S-5437.

Senator Soukup asked and received unanimous consent that action
on amendment S-5454 be deferred.


Senator Kibbie offered amendment S-5452, filed by Senators
Kibbie, Soukup, and Fraise from the floor to page 53 of amendment
S-5437.

Senator Angelo asked and received unanimous consent that action
on amendment S-5452 to amendment S-5437, amendment S-5437,
and Senate File 2293 be deferred. (Amendment S-5454 to
amendment S-5437 pending.)

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 10, 2002, amended and passed the following bills in which the
concurrence of the House was asked:

Senate File 2286, a bill for an act relating to the civil
commitment of sexually violent predators. (S-5460)

Senate File 2318, a bill for an act relating to the tax on premiums
and subscriber contract payments received by insurance companies
and health service corporations by phasing in a reduction in the tax
and increasing the prepayment of the tax. (S-5475)

ALSO: That the House has on April 10, 2002, adopted the following resolution in
which the concurrence of the Senate is asked:

House Concurrent Resolution 123, a concurrent resolution
requesting the governor to appoint a blue ribbon committee to make
recommendations regarding the child welfare, child mental health,
and juvenile justice systems in the state of Iowa.

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

ALSO: That the House has on April 10, 2002, passed the following bill in which
the concurrence of the Senate is asked:

House File 2620, a bill for an act regulating farmers markets,
providing for fees, making penalties applicable, and providing an
effective date.

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

RECESS

On motion of Senator Angelo, the Senate recessed at 9:55 p.m.
until the completion of a meeting of the committee on Ways and
Means.

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 10, 2002

AUDITOR OF STATE

State of Iowa Single Audit Report.

REPORT OF COMMITTEE MEETING

WAYS AND MEANS

Convened: April 10, 2002, 10:00 p.m.

Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti,
Maddox, Miller, Redwine, and Rehberg.

Members Absent: None.

Committee Business: Passed HFs 2616, 2617, 2620, and 2622 (as amended).

Adjourned: 10:40 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 160, by Dvorsky, a Senate resolution
congratulating the City of Coralville for receiving a first-place award
in the 2001 international Nations in Bloom competition.

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

Senate Resolution 161, by Black, a Senate resolution supporting
a proposal to invite the Republic of China (Taiwan) to participate in
the upcoming meeting of the World Health Assembly as an observer.

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

Senate Resolution 162, by Harper and Redfern, a Senate
resolution recognizing Ms. Effie Burt for her composition, "I'll Make
Me a World."

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

Senate Resolution 163, by Freeman, a Senate resolution
honoring Senator Derryl J. McLaren.

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

STUDY BILL RECEIVED

SSB 3198 Appropriations

Relating to public funding provisions involving the compensation
and benefits for public officials and employees, county mental health
allowed growth, regulatory and other properly related matters of the
state, making and reducing appropriations, and providing effective
dates.

SUBCOMMITTEE ASSIGNMENTS

Senate Concurrent Resolution 118

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 156

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 157

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 160

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 161

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 162

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

House Concurrent Resolution 123

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

House File 2589

APPROPRIATIONS: Lamberti, Chair; Schuerer and Soukup

House File 2620

WAYS AND MEANS: Bolkcom, Chair; McKibben and McKinley

House File 2622

WAYS AND MEANS: McKinley, Chair; Harper and McKibben

SSB 3198

APPROPRIATIONS: Lamberti, Chair; Flynn and Kramer

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 10th day
of April, 2002:

Senate Files 2034 and 2228.

MICHAEL E. MARSHALL
Secretary of the Senate


RECONVENED

The Senate reconvened at 10:52 p.m., President Kramer presiding.

BUSINESS PENDING

Senate File 2293

The Senate resumed consideration of Senate File 2293, a bill for
an act relating to animal agriculture, previously deferred.
(Amendments pending: S-5437, S-5452 to amendment S-5437,
and S-5454 to amendment S-5437.)

Senator Angelo offered amendment S-5461, filed by him from the
floor to page 13 of amendment S-5437.

Senator Angelo asked and received unanimous consent that action
on amendment S-5461 to amendment S-5437 be deferred.

Senator Fiegen offered amendment S-5474, filed by him from the
floor to page 22 of amendment S-5437, and moved its adoption.

A nonrecord roll call was requested.

The ayes were 19, nays 27.

Amendment S-5474 lost.

Senator Kibbie offered amendment S-5464, filed by him from the
floor to page 33 of amendment S-5437, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5464 to amendment S-5437
be adopted?" (S.F. 2293), the vote was:

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

 


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

 


Absent or not voting, 1:
Redfern

 


Amendment S5464 lost.

Senator King withdrew amendment S-5463, filed by him from the
floor to page 38 of amendment S-5437.

Senator King offered amendment S-5473, filed by Senator King,
et al., from the floor to page 38 of amendment S-5437.

Senator King asked and received unanimous consent that action
on amendment S-5473 to amendment S-5437 be deferred.

Senator Soukup offered amendment S-5466, filed by Senator
Soukup, et al., from the floor to pages 45-50 of amendment S-5437.

Senator Soukup asked and received unanimous consent that action
on amendment S-5466 to amendment S-5437 be deferred.

Senator Sexton offered amendment S-5470, filed by him from the
floor to page 16 of amendment S-5437, and moved its adoption.

Amendment S-5470 was adopted by a voice vote.

Senator Angelo asked and received unanimous consent that action
on Senate File 2293 be deferred. (Amendments pending: S-5452 to
amendment S-5437, S-5454 to amendment S-5437, S-5461 to
amendment S-5437, S-5466 to amendment S-5437, S-5473 to
amendment S-5437, and amendment S-5437.)


HOUSE AMENDMENT CONSIDERED

Senate File 2118

Senator Redwine called up for consideration Senate File 2118, a
bill for an act prohibiting certain activities related to the use or
destruction of the materials of human reproduction, and providing
penalties, amended by the House in House amendment S-5439, filed
April 10, 2002.

Senator Redwine offered amendment S-5441, filed by Senators
Redwine and Flynn from the floor to pages 1, 2, and to the title
provisions of House amendment S-5439, and moved its adoption.

Amendment S-5441 was adopted by a voice vote.

Senator Redwine 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 Redwine 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. 2118), the vote was:

Ayes, 39:
Angelo Behn Black Boettger
Connolly Deluhery Drake Fiegen
Flynn Fraise Freeman Gaskill
Greiner Hansen Holveck Horn
Houser Iverson Jensen Kibbie
King Kramer Lamberti Lord
Lundby Maddox McCoy McKean
McKibben McKinley Miller Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Veenstra Zieman

 




Nays, 10:
Bolkcom Dearden Dvorsky Fink
Gronstal Hammond Harper Ragan
Soukup Tinsman

 


Absent or not voting, 1:
Redfern

 


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

Senator Boettger took the chair at 11:48 p.m.

RECESS

On motion of Senator Iverson, the Senate recessed at 11:50 p.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 11:54 p.m., Senator Boettger presiding.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2615.

House File 2615

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

Senator Lamberti offered amendment S-5411, filed by the
committee on Appropriations on April 8, 2002, to pages 7, 8, 10, and
to the title page of the bill.


Senator Kramer offered amendment S-5426, filed by Senators
Kramer and Lamberti on April 9, 2002, to page 1 of amendment
S-5411, and moved its adoption.

Amendment S-5426 was adopted by a voice vote.

Senator Kramer offered amendment S-5465, filed by Senators
Kramer and Lamberti from the floor to pages 1, 7, and 8 of
amendment S-5411.

Senator Kramer asked and received unanimous consent that
action on amendment S-5465 to amendment S-5411 and amendment
S-5411 be deferred.

Senator Hansen offered amendment S-5412, filed by him on
April 8, 2002, to pages 4 and 5 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5412 be adopted?"
(H.F. 2615), the vote was:

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

 


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

 


Absent or not voting, 1:
Redfern

 


Amendment S5412 lost.

The Senate resumed consideration of amendment S-5465 to
amendment S-5411, previously deferred.

Senator Kramer moved the adoption of amendment S-5465 to
amendment S-5411.

A record roll call was requested.

On the question "Shall amendment S-5465 to amendment S-5411
be adopted?" (H.F. 2615), the vote was:

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

 


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

 


Absent or not voting, none.

Amendment S5465 was adopted.

Senator Kramer moved the adoption of amendment S5411, as
amended.

A record roll call was requested.

On the question "Shall amendment S-5411 be adopted?"
(H.F. 2615), the vote was:

Ayes, 30:
Angelo Behn Black 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, 20:
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.

Amendment S5411 was adopted.

Senator Hammond offered amendment S5422, filed by Senators
Hammond and Fiegen on April 9, 2002, to pages 3 and 8 of the bill,
and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5422 be adopted?"
(H.F. 2615), the vote was:

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

 


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

 


Absent or not voting, none.


Amendment S5422 lost.

Senator Fiegen offered amendment S5479, filed by Senator
Fiegen, et al., from the floor to pages 3 and 9 of the bill, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5479 be adopted?"
(H.F. 2615), 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 Freeman Gronstal
Hammond Hansen Harper Holveck
Horn Kibbie McCoy Ragan
Shearer Soukup Tinsman

 


Nays, 24:
Angelo Behn Boettger Drake
Gaskill Greiner Iverson Jensen
Kramer Lamberti Lord Lundby
Maddox McKean McKibben McKinley
Miller Redfern Rehberg Rittmer
Schuerer Sexton Veenstra Zieman

 


Absent or not voting, 3:
Houser King Redwine

 


Amendment S5479 lost.

Senator Kramer 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. 2615), 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, as amended, was agreed to.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 2118 and House File 2615 be immediately messaged
to the House.

BUSINESS PENDING

Senate File 2293

The Senate resumed consideration of Senate File 2293, a bill for
an act relating to animal agriculture, previously deferred.
(Amendments pending: S-5437, S-5452 to amendment S-5437,
S-5454 to amendment S-5437, S-5461 to amendment S-5437,
S-5466 to amendment S-5437, and S-5473 to amendment S-5437.)

President Kramer took the chair at 2:07 a.m.

Senator Angelo offered amendment S-5484, filed by him from the
floor to page 13 of amendment S-5437, and moved its adoption.


Amendment S-5484 was adopted by a voice vote.

With the adoption of amendment S-5484, the Chair ruled the
following amendments out of order:

S-5461, previously deferred; and
S-5480, filed by Senators Angelo, Behn, and Sexton from the floor
to page 13 of amendment S-5437.

Senator Bolkcom withdrew amendment S-5481, filed by him from
the floor to page 14 of amendment S-5437.

Senator Angelo offered amendment S-5482, filed by Senators
Angelo and Kibbie from the floor to pages 25, 36, 42, and 52 of
amendment S-5437, and moved its adoption.

Amendment S-5482 was adopted by a voice vote.

Senator King offered amendment S-5477, filed by him from the
floor to page 38 of amendment S-5437, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5477 to amendment S-5437
be adopted?" (S.F. 2293), the vote was:

Ayes, 13:
Drake Fiegen Greiner Houser
Jensen King Lord McKinley
Miller Redwine Schuerer Sexton
Veenstra

 


Nays, 37:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Dvorsky Fink Flynn Fraise
Freeman Gaskill Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Kibbie Kramer Lamberti
Lundby Maddox McCoy McKean
McKibben Ragan Redfern Rehberg
Rittmer Shearer Soukup Tinsman
Zieman

 



Absent or not voting, none.

Amendment S5477 lost.

Senator King asked and received unanimous consent to withdraw
amendment S-5473 to amendment S-5437, previously deferred.

Senator Soukup asked and received unanimous consent to
withdraw amendment S-5466 to amendment S-5437, previously
deferred.

Senator Soukup offered amendment S-5483, filed by her from the
floor to pages 45 and 50 of amendment S-5437, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-5483 to amendment S-5437
be adopted?" (S.F. 2293), the vote was:

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

 


Nays, 30:
Angelo Behn Boettger Drake
Fiegen 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 S5483 lost.

Senator Soukup asked and received unanimous consent to
withdraw amendment S-5454 to amendment S-5437, previously
deferred.

Senator Kibbie asked and received unanimous consent to
withdraw amendment S-5452 to amendment S-5437, previously
deferred.

Senator Angelo offered amendment S-5485, filed by him from the
floor to pages 48, 49, and 53 of amendment S-5437, and moved its
adoption.

Amendment S-5485 was adopted by a voice vote.

Senator Soukup withdrew amendment S-5486 filed by her from
the floor to pages 52 and 53 of amendment S-5437.

Senator Angelo moved the adoption of amendment S-5437, as
amended.

Amendment S-5437 was adopted by a voice vote.

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

On the question "Shall the bill pass?" (S.F. 2293), the vote was:

Ayes, 37:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Fraise Gaskill Gronstal
Hammond Harper Horn Houser
Iverson Jensen Kibbie Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Ragan Redfern Rittmer
Schuerer Shearer Soukup Tinsman
Zieman

 


Nays, 13:
Dvorsky Fiegen Fink Flynn
Freeman Greiner Hansen Holveck
King Redwine Rehberg Sexton
Veenstra

 


Absent or not voting, none.


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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 2293 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 10, 2002, passed the following bill in which the concurrence of the
House was asked:

Senate File 2320, a bill for an act relating to the assessment of
court fees by the clerk of district court.

ALSO: That the House has on April 10, 2002, passed the following bill in which
the concurrence of the Senate is asked:

House File 2618, a bill for an act relating to volunteer fire
fighters by creating a volunteer fire fighters pension fund, providing
for the deposit of certain insurance premium tax receipts in the fund,
and establishing a volunteer fire fighters pension task force.

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

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 4:18 a.m.
Thursday, April 11, until 9:00 a.m. Thursday, April 11, 2002.


APPENDIX

PRESENTATION OF VISITORS

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

Students from the 8th grade leadership group, B. C. Berg Middle
School, Newton. Senator Black.

Ninety-five 7th grade students from New Hampton Middle School,
accompanied by Mrs. Wickman, Mr. O'Connell, Ms. Bergsgard,
Ms. Sumner, Mrs. Timlin, Mrs. Lenehan, and Mrs. Dean. Senator
Soukup.

REPORTS OF COMMITTEE MEETINGS

RULES AND ADMINISTRATION

Convened: April 10, 2002, 11:50 p.m.

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

Members Absent: None.

Committee Business: Passed SCR 118, SRs 156, 157, 160, 161, and 163, and
HCRs 122 and 123.

Adjourned: 11:52 p.m.

APPROPRIATIONS

Convened: April 11, 2002, 4:24 a.m.

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

Members Absent: Black, Hammond, Lundby, and Soukup (all excused).

Committee Business: Approved SSB 3198.

Adjourned: 4:27 a.m.


INTRODUCTION OF BILL

Senate File 2331, by committee on Appropriations, a bill for an
act relating to public funding provisions involving the compensation
and benefits for public officials and employees, county mental health
allowed growth, regulatory and other properly related matters of the
state, making and reducing appropriations, and providing effective
dates.

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

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 2331 (SSB 3198), a bill for an act relating to public
funding provisions involving the compensation and benefits for public officials and
employees, county mental health allowed growth, regulatory and other properly related
matters of the state, making and reducing appropriations, and providing effective
dates.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Lamberti, Kramer, Angelo, Gaskill, Jensen, King, McKibben,
McKinley, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 7:
Flynn, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, and Horn. Absent or not voting, 4:
Black, Hammond, Lundby, and Soukup.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

RULES AND ADMINISTRATION

Final Bill Action: SENATE CONCURRENT RESOLUTION 118, a Senate
concurrent resolution supporting enactment of Medicare coverage of oral cancer drugs.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 156, a Senate resolution honoring Irene
Bowers on her more than 50-year teaching career in the Iowa City Community School
District.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 157, a Senate resolution congratulating
the University of Iowa Mock Trial Team on winning the 2002 Undergraduate Inter-
collegiate Mock Trial Competition National Championship.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 160, a Senate resolution congratulating
the City of Coralville for receiving a first-place award in the 2001 international Nations
in Bloom competition.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 161, a Senate resolution supporting a
proposal to invite the Republic of China (Taiwan) to participate in the upcoming
meeting of the World Health Assembly as an observer.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 163 (LSB 7277ss), a Senate resolution
honoring Senator Derryl McLaren.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE CONCURRENT RESOLUTION 122, a concurrent
Resolution requesting the Supreme Court to implement a review and development of
options to improve performance of guardian ad litem duties.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE CONCURRENT RESOLUTION 123, a concurrent
resolution requesting the governor to appoint a blue ribbon committee to make
recommendations regarding the child welfare, child mental health, and juvenile justice
systems in the state of Iowa.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
Harper, Lord, McKean, and Rittmer. Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

WAYS AND MEANS

Final Bill Action: 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.

Recommendation: DO PASS.

Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery,
Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg.
Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: 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.

Recommendation: DO PASS.

Final Vote: Ayes, 12: McKibben, McKinley, Harper, Bolkcom, Connolly, Drake,
Greiner, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, 3: Deluhery, Flynn,
and Holveck. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2620, a bill for an act regulating farmers markets,
providing for fees, making penalties applicable, and providing an effective date.

Recommendation: DO PASS.

Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery,
Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg.
Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2622, a bill for an act relating to the administration
of the tax and related laws by the department of revenue and finance, including
administration of state individual income, corporate income, sales and use, property,
motor fuel, special fuel, and inheritance taxes and including effective and retroactive
applicability date provisions.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5478.

Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery,
Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg.
Nays, none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

CONFERENCE COMMITTEE REPORT RECEIVED
(House File 2191)

A conference committee report, signed by the following Senate and
House members, was filed April 10, 2002, on House File 2191, a bill
for an act relating to notarial acts by judicial officers.

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

NANCY BOETTGER, Chair DAVID MILLAGE, Chair
THOMAS FIEGEN ROGER BROERS
WALLY HORN KEITH KREIMAN
STEVE KING CHARLES LARSON
GENE MADDOX

CONFERENCE COMMITTEE REPORT RECEIVED
(House File 2192)

A conference committee report, signed by the following Senate and
House members, was filed April 10, 2002, on House File 2192, a bill
for an act relating to the establishment of a state agency work group
to develop an interstate prescription drug purchasing cooperative.

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

MAGGIE TINSMAN, Chair DAN BODDICKER, Chair
PATRICIA HARPER CARMINE BOAL
DAVID MILLER GREG HOVERSTEN
NEAL SCHUERER ROBERT OSTERHAUS
MARK SHEARER MARK SMITH

MOTION TO RECONSIDER FILED

MADAM PRESIDENT: I move to reconsider the vote by which amendment S-5215
to House File 2559 was adopted by the Senate on April 10, 2002.

MARK SHEARER

AMENDMENTS FILED

S-5438 S.F. 2330 Jeff Lamberti
S-5439 S.F. 2118 House
S-5440 S.F. 2323 House
S-5441 S.F. 2118 John Redwine
Tom Flynn
S-5442 H.F. 2622 Mary A. Lundby
S-5443 S.F. 2293 Jeff Angelo
S-5444 S.F. 2293 Eugene S. Fraise
S-5445 H.F. 2549 Bill Fink
S-5446 S.F. 2293 Mike Sexton
S-5447 S.F. 2293 Jack Holveck
Robert E. Dvorsky
Michael E. Gronstal
Patricia Harper
Joe Bolkcom
Johnie Hammond
Betty A. Soukup
S-5448 S.F. 2293 Mary A. Lundby
S-5449 S.F. 2293 Joe Bolkcom

S-5450 S.F. 2293 Joe Bolkcom
S-5451 S.F. 2293 John P. Kibbie
Betty A. Soukup
Eugene S. Fraise
S-5452 S.F. 2293 John P. Kibbie
Betty A. Soukup
Eugene S. Fraise
S-5453 S.F. 2293 Johnie Hammond
Mike Connolly
S-5454 S.F. 2293 Betty A. Soukup
Eugene S. Fraise
John P. Kibbie
S-5455 S.F. 2293 Jeff Angelo
John P. Kibbie
S-5456 S.F. 2293 Eugene S. Fraise
S-5457 S.F. 2293 Amanda Ragan
John P. Kibbie
Mike Connolly
Johnie Hammond
Bill Fink
Patricia Harper
Robert E. Dvorsky
Betty A. Soukup
Michael E. Gronstal
S-5458 S.F. 2293 John P. Kibbie
S-5459 S.F. 2293 Betty A. Soukup
John P. Kibbie
Eugene S. Fraise
S-5460 S.F. 2286 House
S-5461 S.F. 2293 Jeff Angelo
S-5462 H.F. 2515 Kitty Rehberg
S-5463 S.F. 2293 Steve King
S-5464 S.F. 2293 John P. Kibbie
S-5465 H.F. 2615 Mary E. Kramer
Jeff Lamberti
S-5466 S.F. 2293 Betty A. Soukup
Patricia Harper
Johnie Hammond
Robert E. Dvorsky
Bill Fink
Steven D. Hansen

Michael E. Gronstal
Eugene S. Fraise
Joe Bolkcom
Matt McCoy
S-5467 H.F. 2515 Kitty Rehberg
S-5468 H.F. 2515 Kitty Rehberg
S-5469 H.F. 2515 Kitty Rehberg
S-5470 S.F. 2293 Mike Sexton
S-5471 S.F. 2308 David Miller
Sandra Greiner
S-5472 H.F. 2515 Nancy Boettger
S-5473 S.F. 2293 Steve King
Mike Sexton
Hubert Houser
Richard F. Drake
S-5474 S.F. 2293 Thomas Fiegen
S-5475 S.F. 2318 House
S-5476 S.F. 2330 Jeff Lamberti
S-5477 S.F. 2293 Steve King
S-5478 H.F. 2622 Ways and Means
S-5479 H.F. 2615 Thomas Fiegen
Joe Bolkcom
Johnie Hammond
Maggie Tinsman
S-5480 S.F. 2293 Jeff Angelo
Jerry Behn
Mike Sexton
S-5481 S.F. 2293 Joe Bolkcom
S-5482 S.F. 2293 Jeff Angelo
John P. Kibbie
S-5483 S.F. 2293 Betty A. Soukup
S-5484 S.F. 2293 Jeff Angelo
S-5485 S.F. 2293 Jeff Angelo
S-5486 S.F. 2293 Betty A. Soukup

Previous Day: Tuesday, April 9Next Day: Thursday, April 11
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? sjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Tue Oct 8 15:40:00 CDT 2002
URL: /DOCS/GA/79GA/Session.2/SJournal/Day/0410.html
jhf