Senate Journal: Thursday, April 11, 2002
JOURNAL OF THE SENATE
__________
EIGHTY-EIGHTH CALENDAR DAY
FIFTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, April 11, 2002
The Senate met in regular session at 9:14 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Donald Illian, pastor of the
St. John Lutheran Church in Denver, Iowa. He was the guest of
Senator Jensen.
SPECIAL GUESTS
Senator Boettger welcomed to the Senate chamber President Petar
Stoyanov, the first democratically elected President of Bulgaria.
President Stoyanov was visiting the United States under the
sponsorship of the German Marshall Fund and was escorted by John
Roof, Mayor of Waterloo; Youri Dimitrov, Cedar Falls entrepreneur
formerly from Bulgaria; and host Wayne Moyer of Grinnell College.
President Stoyanov addressed the Senate with brief remarks. The
Senate rose and expressed its welcome.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senate Resolution 144
Senator Iverson asked and received unanimous consent to take up
the following resolution:
1 SENATE RESOLUTION 144
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator David G. Lord.
4 WHEREAS, Senator David G. Lord is retiring from
5 legislative office after completing a partial term in
6 office as a State Senator and three terms as a member
7 of the House of Representatives; and
8 WHEREAS, Senator Lord has served as a member of the
9 Seventy-sixth through Seventy-ninth General
10 Assemblies; and
11 WHEREAS, Senator Lord's distinguished career has
12 included service on the Commerce, Local Government,
13 Natural Resources and Environment, Rules and
14 Administration Committees, and on the Health and Human
15 Rights Appropriations Subcommittee; and
16 WHEREAS, Senator Lord has served honorably and has
17 unselfishly given of his time and efforts to further
18 the interests of the State of Iowa and to provide
19 beneficial programs for the citizens of Iowa; NOW
20 THEREFORE,
21 BE IT RESOLVED BY THE SENATE, That the Senate pay
22 tribute to Senator David G. Lord for his devoted
23 service to the Iowa General Assembly and the citizens
24 of this state, and wish him the very best in the years
25 ahead; and
26 BE IT FURTHER RESOLVED, That an official copy of
27 this Resolution be prepared and presented to Senator
28 Lord.
The Senate rose and expressed its tribute to Senator Lord.
Senator Iverson moved the adoption of Senate Resolution 144,
which motion prevailed by a voice vote.
Senator Lord was presented a plaque in appreciation of his years
of service and an enrolled copy of Senate Resolution 144.
Senator Lord 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 154.
Senate Resolution 154
On motion of Senator Behn, Senate Resolution 154, a Senate
resolution honoring the Des Moines Area Community College Men's
Basketball Team, with report of committee recommending passage,
was taken up for consideration.
Senator Behn moved the adoption of Senate Resolution 154, which
motion prevailed by a voice vote.
SPECIAL GUESTS
Senator Behn welcomed to the Senate chamber Head Coach Orv
Salmon and members of the DMACC men's basketball team.
The Senate rose and expressed its welcome.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 155.
Senate Resolution 155
On motion of Senator Iverson, Senate Resolution 155, a Senate
resolution honoring and paying tribute to Auditor of State Richard D.
Johnson upon his retirement from public office, with report of
committee recommending passage, was taken up for consideration.
Senator Iverson moved the adoption of Senate Resolution 155,
which motion prevailed by a voice vote.
SPECIAL GUEST
Senator Iverson welcomed to the Senate chamber Auditor of State
Richard D. Johnson.
Auditor Johnson addressed the Senate with brief remarks.
The Senate rose and expressed its welcome.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senate Resolution 151
Senator Iverson asked and received unanimous consent to take up
the following resolution:
1 SENATE RESOLUTION 151
2 By: Committee on Rules and Administration
3 A Senate Resolution honoring Senator Michael E. Gronstal
4 for his years of legislative service.
5 WHEREAS, Senator Michael E. Gronstal will this year
6 complete his twentieth year of office in the Iowa
7 General Assembly while serving his fifth term of
8 office in the Senate; and
9 WHEREAS, Senator Gronstal 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 Gronstal 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 Michael E. Gronstal and express its
18 gratitude for the service rendered by him.
19 BE IT FURTHER RESOLVED, That the Senate present to
20 Senator Gronstal his Senate chair in appreciation for
21 his service.
The Senate rose and expressed its tribute to Senator Gronstal.
Senator Iverson moved the adoption of Senate Resolution 151,
which motion prevailed by a voice vote.
Senator Gronstal was presented his Senate chair in honor of his 20
years of service and an enrolled copy of Senate Resolution 151.
Senator Gronstal addressed the Senate with brief remarks.
Senator Angelo took the chair at 10:00 a.m.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Freeman asked and received unanimous consent to take
up for consideration Senate Concurrent Resolution 117.
Senate Concurrent Resolution 117
On motion of Senator Dvorsky, Senate Concurrent Resolution 117,
a concurrent resolution honoring Mr. Harold "Tommy" Thompson
upon his retirement as the Executive Director of the Iowa
Communications Network, with report of committee recommending
passage, was taken up for consideration.
Senator Dvorsky moved the adoption of Senate Concurrent
Resolution 117, which motion prevailed by a voice vote.
SPECIAL GUEST
Senator Dvorsky introduced to the Senate chamber General
Harold "Tommy" Thompson and his wife Cindy. General Thompson
addressed the Senate with brief remarks.
The Senate rose and expressed it appreciation.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Redfern asked and received unanimous consent to take up
for consideration Senate Resolution 157.
Senate Resolution 157
On motion of Senator McKean, Senate Resolution 157, a Senate
resolution congratulating the University of Iowa Mock Trial Team on
winning the 2002 Undergraduate Intercollegiate Mock Trial
Competition National Championship, with report of committee
recommending passage, was taken up for consideration.
Senator McKean moved the adoption of Senate Resolution 157,
which motion prevailed by a voice vote.
SPECIAL GUESTS
Senator McKean welcomed to the Senate chamber the University
of Iowa Mock Trial Team. Mr. Kristofer Lyons addressed the Senate
with brief remarks.
The Senate rose and expressed its welcome.
IMMEDIATELY MESSAGED
Senator Gaskill asked and received unanimous consent that
Senate Concurrent Resolution 117 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 11, 2002, passed the following bill in which the concurrence of the
House was asked:
Senate File 2168, a bill for an act authorizing the state board of
regents to issue bonds to construct, improve, remodel, repair, furnish,
and equip inpatient and outpatient facilities and patient care
facilities at the university of Iowa hospitals and clinics.
ALSO: That the House has on April 11, 2002, concurred in the Senate
amendment and passed the following bill in which the concurrence of the House was
asked:
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.
ALSO: That the House has on April 11, 2002, passed the following bill in which
the concurrence of the Senate is asked:
House File 2621, a bill for an act relating to tax credits under the
new jobs and income program and the enterprise zone program for
farmers' cooperatives and including a retroactive applicability date.
Read first time and referred to committee on Ways and Means.
Senator Boettger took the chair at 10:56 a.m.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senate Resolution 131
Senator Dvorsky asked and received unanimous consent to take up
the following resolution:
1 SENATE RESOLUTION 131
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Steven D. Hansen.
4 WHEREAS, Senator Steven D. Hansen is retiring from
5 legislative office after completing two terms in
6 office as a State Senator and four terms as a member
7 of the House of Representatives; and
8 WHEREAS, Senator Hansen's distinguished career as a
9 state legislator has included service as an Assistant
10 Minority Leader in the Seventy-seventh, Seventy-
11 eighth, and Seventy-ninth General Assemblies; and
12 WHEREAS, Senator Hansen's distinguished career has
13 also included service as Chairperson of the Small
14 Business, Economic Development and Tourism Committee,
15 and as Vice Chairperson of the Commerce Committee; and
16 WHEREAS, Senator Hansen has served on many other
17 standing committees throughout his 16 years of
18 legislative service and has been an influential and
19 devoted legislator in this state; and
20 WHEREAS, Senator Hansen has sponsored and been
21 instrumental in the passage of legislation pertinent
22 to Iowa relating to commerce, economic development,
23 gaming, and promotion of arts and cultural
24 attractions; and
25 WHEREAS, Senator Hansen has served honorably and
26 has unselfishly given of his time and efforts to
27 further the interests of the State of Iowa and to
28 provide beneficial programs for the citizens of Iowa;
29 NOW THEREFORE,
30 BE IT RESOLVED BY THE SENATE, That the Senate pay
Page 2
1 tribute to Senator Steven D. Hansen for his devoted
2 service to the Iowa General Assembly and the citizens
3 of this state and wish him the very best in the years
4 ahead; and
5 BE IT FURTHER RESOLVED, That an official copy of
6 this Resolution be prepared and presented to Senator
7 Hansen.
The Senate rose and expressed its tribute to Senator Hansen.
Senator Dvorsky moved the adoption of Senate Resolution 131,
which motion prevailed by a voice vote.
Senator Hansen was presented a plaque in appreciation of his
years of service and an enrolled copy of Senate Resolution 131.
Senator Hansen addressed the Senate with brief remarks.
President Kramer took the chair at 12:55 p.m.
SPECIAL GUESTS
Senator Deluhery welcomed to the Senate chamber his wife Mardi,
former Lieutenant Governor Jo Ann Zimmerman and former
Senators Norm Rodgers, Jim Riordan, Elaine Szymoniak, Arthur
Small, and Al Sorensen.
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 11, 2002, passed the following bill in which the concurrence of the
House was asked:
Senate File 2305, 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, and special fuel.
ALSO: That the House has on April 11, 2002, amended and passed the following
bill in which the concurrence of the House was asked:
Senate File 2325, a bill for an act relating to certain state agency
regulatory functions by reorganizing the duties of the department of
inspections and appeals, transferring the court appointed special
advocate program to the department of inspections and appeals,
renaming and revising the duties of the state citizen foster care
review board, reorganizing the administrative structure of the
department of natural resources, providing for legislative review of
state agencies, and revising requirements for licensed birth centers.
(S-5489)
RECESS
On motion of Senator Iverson, the Senate recessed at 1:08 p.m.
until the completion of a meeting of the committee on Ways and
Means and party caucuses.
APPENDIX
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Bob and Helen Murphy, Webster City - For celebrating your 60th wedding
anniversary on April 9, 2002. Senator Iverson (04/11/02).
Jeff Zittergruen, Van Horne - For achieving the rank of Eagle Scout. Senator
Schuerer (04/11/02).
REPORT OF COMMITTEE MEETING
WAYS AND MEANS
Convened: April 11, 2002, 1:11 p.m.
Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
Member; Bolkcom, Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller,
Redwine, and Rehberg.
Members Absent: Connolly and Deluhery (both excused).
Committee Business: Passed HF 2621.
Adjourned: 1:13 p.m.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 164, by Gronstal, a Senate resolution
deferring action on the confirmation of an appointment submitted by
the Governor.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
Senate Resolution 165, by Gronstal, a Senate resolution
thanking state employees who have been laid off or furloughed for
their service to the state.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
SUBCOMMITTEE ASSIGNMENT
House File 2621
WAYS AND MEANS: Miller, Chair; Flynn and Rehberg
COMMITTEE REPORT
WAYS AND MEANS
Final Bill Action: HOUSE FILE 2621, a bill for an act relating to tax credits under
the new jobs and income program and the enterprise zone program for farmers'
cooperatives and including a retroactive applicability date.
Recommendation: DO PASS.
Final Vote: Ayes, 13: McKibben, McKinley, Harper, Bolkcom, Drake, Flynn, Greiner,
Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, none. Absent or not
voting, 2: Connolly and Deluhery.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AFTERNOON SESSION
The Senate reconvened at 3:11 p.m., President Kramer presiding.
HOUSE AMENDMENT CONSIDERED
Senate File 2318
Senator McKibben called up for consideration 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, amended by the House in House amendment
S-5475, filed April 10, 2002.
Senator Fiegen asked and received unanimous consent that action
on House amendment S-5475 and Senate File 2318 be deferred.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Lamberti, until he returns, on request of Senator Iverson.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 678
Senator Tinsman called up for consideration, House File 678, a
bill for an act relating to child custody and visitation including the
requirement of mediation when a custody arrangement is disputed,
amended by the Senate, further amended by the House, and moved
that the Senate concur in House amendment S-5408 to Senate
amendment H-8464, filed April 8, 2002.
A record roll call was requested.
On the question "Shall House amendment S-5408 to Senate
amendment H-8464 be adopted?" (H.F. 678), the vote was:
Ayes, 27:
|
Angelo | Behn | Boettger | Drake |
|
Freeman | Gaskill | Greiner | Houser |
|
Iverson | Jensen | King | Kramer |
|
Lord | Lundby | Maddox | McKean |
|
McKibben | McKinley | Miller | Redwine |
|
Rehberg | Rittmer | Schuerer | Sexton |
|
Tinsman | Veenstra | Zieman |
|
|
Nays, 22:
|
Black | Bolkcom | Connolly | Dearden |
|
Deluhery | Dvorsky | Fiegen | Fink |
|
Flynn | Fraise | Gronstal | Hammond |
|
Hansen | Harper | Holveck | Horn |
|
Kibbie | McCoy | Ragan | Redfern |
|
Shearer | Soukup |
|
|
Absent or not voting, 1:
The motion prevailed and the Senate concurred in the House
amendment to the Senate amendment.
Senator Tinsman moved that the bill, as amended by the Senate,
further amended by the House and concurred in by the Senate, be
read the last time now and placed upon its passage, which motion
prevailed by a voice vote, and the bill was read the last time.
On the question "Shall the bill pass?" (H.F. 678), the vote was:
Ayes, 27:
|
Angelo | Behn | Boettger | Drake | |
Freeman | Gaskill | Greiner | Houser | |
Iverson | Jensen | King | Kramer | |
Lord | Lundby | Maddox | McKean | |
McKibben | McKinley | Miller | Redwine | |
Rehberg | Rittmer | Schuerer | Sexton | |
Tinsman | Veenstra | Zieman | |
|
Nays, 22:
|
Black | Bolkcom | Connolly | Dearden | |
Deluhery | Dvorsky | Fiegen | Fink | |
|
Flynn | Fraise | Gronstal | Hammond |
Hansen | Harper | Holveck | Horn |
Kibbie | McCoy | Ragan | Redfern |
Shearer | Soukup |
Absent or not voting, 1:
The bill, having received a constitutional majority, was declared to |
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 2592.
House File 2592
On motion of Senator McKibben, House File 2592, a bill for an
act relating to deferment of taxable income for start-up businesses
and providing an effective and retroactive applicability date, with
report of committee recommending passage, was taken up for
consideration.
Senator Rehberg withdrew amendment S-5427, filed by her on
April 9, 2002, to page 2 and to the title page of the bill.
Senator McKibben moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.
On the question "Shall the bill pass?" (H.F. 2592), 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 was agreed to.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Flynn and Gronstal, until they return, on request of Senator Dvorsky.
UNFINISHED BUSINESS
House File 2339
On motion of Senator Angelo, House File 2339, a bill for an act
relating to the filing of a supersedeas bond, with report of committee
recommending passage, placed on the Unfinished Business Calendar
on March 21, 2002, was taken up for consideration.
Senator Holveck offered amendment S-5265, filed by him on March
27, 2002, to page 1 of the bill, and moved its adoption.
A record roll call was requested.
On the question "Shall amendment S-5265 be adopted?"
(H.F. 2339), the vote was:
Ayes, 19:
|
Black | Bolkcom | Connolly | Dearden | |
Deluhery | Dvorsky | Fiegen | Fink | |
Fraise | Hammond | Hansen | Harper | |
Holveck | Horn | Kibbie | Ragan | |
Redfern | Shearer | Soukup | |
|
Nays, 28:
|
Angelo | Behn | Boettger | Drake | |
Freeman | Gaskill | Greiner | Houser | |
Iverson | Jensen | King | Kramer | |
Lamberti | Lundby | Maddox | McCoy | |
McKean | McKibben | McKinley | Miller | |
Redwine | Rehberg | Rittmer | Schuerer | |
Sexton | Tinsman | Veenstra | Zieman | |
|
Absent or not voting, 3:
Amendment S-5265 lost. |
Senator Redfern withdrew amendment S-5490, filed by him from
the floor to page 1 of the bill.
Senator Angelo withdrew amendment S-5436, filed by him on
April 9, 2002, to page 1 of the bill.
Senator Redfern withdrew amendment S-5264, filed by him on
March 27, 2002, to page 1 of the bill.
Senator Angelo offered amendment S-5208, filed by him on
March 19, 2002, to page 1 of the bill, and moved its adoption.
Amendment S-5208 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?" (H.F. 2339), the vote was:
Ayes, 29:
|
Angelo | Behn | Boettger | Drake | |
Freeman | Gaskill | Greiner | Hansen | |
Houser | Iverson | Jensen | King | |
Kramer | Lamberti | Lord | Lundby | |
Maddox | McCoy | McKibben | McKinley | |
Miller | Redwine | Rehberg | Rittmer | |
Schuerer | Sexton | Tinsman | Veenstra | |
Zieman |
Nays, 19:
Black | Bolkcom | Connolly | Dearden |
Deluhery | Dvorsky | Fiegen | Fink |
Fraise | Hammond | Harper | Holveck |
Horn | Kibbie | McKean | Ragan |
Redfern | Shearer | Soukup |
|
Absent or not voting, 2:
The bill, having received a constitutional majority, was declared to |
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Angelo asked and received unanimous consent that
House Files 678, 2339, and 2592 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 11, 2002, passed the following bill in which the concurrence of the
House was asked:
Senate File 2321, a bill for an act relating to sales and use taxes
by requiring the department of revenue and finance to collect data on
the extent and the effect on taxes of electronic commerce in the state,
striking the repeal of the tax treatment of sales where the substance
of the transaction is delivered by electronic waves, digitally, or by
way of cable or fiber optics, and establishing a committee to enter into
multistate discussions on the simplification of the sales and use taxes
and including an effective date.
ALSO: That the House has on April 11, 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 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. (S-5495)
BUSINESS PENDING
Senate File 2318
The Senate resumed consideration of 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, and House amendment S-5475, previously
deferred.
Senator Fiegen offered amendment S-5496, filed by Senator
Fiegen, et al., from the floor to page 1 of House amendment S-5475.
Senator McKibben raised the point of order that amendment
S-5496 to House amendment S-5475 was not germane to the bill.
The Chair ruled the point well-taken and amendment S-5496 to
House amendment S-5475, out of order.
Senator McKibben 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 McKibben 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. 2318), the vote was:
Ayes, 32:
|
Angelo | Behn | Boettger | Deluhery | |
Drake | Dvorsky | Freeman | Gaskill | |
Greiner | Holveck | Houser | Iverson | |
Jensen | King | Kramer | Lamberti | |
Lord | Lundby | Maddox | McCoy | |
McKibben | McKinley | Miller | Redfern | |
Redwine | Rehberg | Rittmer | Schuerer | |
Sexton | Tinsman | Veenstra | Zieman | |
|
Nays, 16:
|
Black | Bolkcom | Connolly | Dearden | |
Fiegen | Fink | Fraise | Hammond | |
Hansen | Harper | Horn | Kibbie | |
McKean | Ragan | Shearer | Soukup | |
|
Absent or not voting, 2:
The bill, having received a constitutional majority, was declared to |
have passed the Senate and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McKibben, for the remainder of the day, on request of Senator Miller.
HOUSE AMENDMENT CONSIDERED
Senate File 2325
Senator Lundby called up for consideration Senate File 2325, a
bill for an act relating to certain state agency regulatory functions by
reorganizing the duties of the department of inspections and appeals,
transferring the court appointed special advocate program to the
department of inspections and appeals, renaming and revising the
duties of the state citizen foster care review board, reorganizing the
administrative structure of the department of natural resources,
providing for legislative review of state agencies, and revising
requirements for licensed birth centers, amended by the House, and
moved that the Senate concur in House amendment S-5489, filed
April 11, 2002.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Lundby 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. 2325), the vote was:
Ayes, 46:
|
Angelo | Behn | Black | Boettger | |
Bolkcom | Connolly | Dearden | Deluhery | |
Drake | Dvorsky | Fink | Fraise | |
Freeman | Gaskill | Greiner | Hammond | |
Hansen | Harper | Holveck | Horn | |
Houser | Iverson | Jensen | Kibbie | |
King | Kramer | Lamberti | Lord | |
Lundby | Maddox | McCoy | McKean | |
McKinley | Miller | Ragan | Redfern | |
Redwine | Rehberg | Rittmer | Schuerer | |
Sexton | Shearer | Soukup | Tinsman | |
Veenstra | Zieman | |
|
Nays, none.
Present, 1:
Fiegen
Absent or not voting, 3:
The bill, having received a constitutional majority, was declared to |
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred April 8, 2002)
House File 2515
The Senate resumed consideration of House File 2515, a bill for
an act relating to the duties and operation of the department of
education and providing effective and applicability dates, deferred
April 8, 2002.
Senator King offered amendment S-5406, filed by Senator King, et
al., on April 8, 2002, to pages 2, 5, and to the title page of the bill.
Senator Schuerer asked and received unanimous consent that
action on amendment S-5406 be deferred.
Senator Veenstra took the chair at 4:47 p.m.
Senator King offered amendment S-5423, filed by Senator King, et
al., on April 9, 2002, to page 2 of the bill.
President Kramer took the chair at 4:59 p.m.
Senator King moved the adoption of amendment S-5423.
A record roll call was requested.
On the question "Shall amendment S-5423 be adopted?"
(H.F. 2515), the vote was:
Rule 23, requiring all senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 16:
|
Angelo | Behn | Greiner | Houser | |
Iverson | Jensen | King | Lord | |
McKinley | Miller | Redwine | Rehberg | |
Schuerer | Sexton | Veenstra | Zieman | |
|
Nays, 30:
|
Black | Bolkcom | Connolly | Dearden | |
Deluhery | Drake | Dvorsky | Fiegen | |
Fink | Flynn | Fraise | Freeman | |
Gaskill | Gronstal | Hammond | Hansen | |
Harper | Holveck | Horn | Kibbie | |
Kramer | Lundby | Maddox | McCoy | |
McKean | Ragan | Rittmer | Shearer | |
Soukup | Tinsman | |
|
Absent or not voting, 4:
|
Boettger | Lamberti | McKibben | Redfern | |
|
Amendment S-5423 lost. |
The Senate resumed consideration of amendment S-5406,
previously deferred.
Senator Schuerer called for the following division of amendment S-
5406:
Division S-5406A: Page 1, lines 3-33; and page 2, line 9; and
Division S-5406B: Page 1, lines 34-50; and page 2, lines 1-8.
Senator Schuerer asked and received unanimous consent to
withdraw division S-5406B.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Greiner, Lundby, and Redfern, until they arrive, on request of Senator
Iverson.
BUSINESS PENDING
House File 2515
The Senate resumed consideration of House File 2515.
Senator Schuerer moved the adoption of division S-5406A.
A record roll call was requested.
On the question "Shall division S-5406A be adopted?" (H.F. 2515),
the vote was:
Rule 23, requiring all senators present to vote except those who
express a conflict of interest, was invoked.
Ayes, 19:
|
Angelo | Behn | Boettger | Houser | |
Iverson | Jensen | King | Lamberti | |
Lord | McKean | McKinley | Miller | |
Redwine | Rehberg | Rittmer | Schuerer | |
Sexton | Veenstra | Zieman | |
|
Nays, 27:
|
Black | Bolkcom | Connolly | Dearden | |
Deluhery | Drake | Dvorsky | Fiegen | |
Fink | Flynn | Fraise | Freeman | |
Gaskill | Gronstal | Hammond | Hansen | |
Harper | Holveck | Horn | Kibbie | |
Kramer | Maddox | McCoy | Ragan | |
Shearer | Soukup | Tinsman | |
|
Absent or not voting, 4:
|
Greiner | Lundby | McKibben | Redfern | |
|
Division S-5406A lost. |
Senator Dvorsky offered amendment S-5202, filed by him on
March 19, 2002, to page 2 and to the title page of the bill, and moved
its adoption.
A record roll call was requested.
On the question "Shall amendment S-5202 be adopted?"
(H.F. 2515), the vote was:
Ayes, 22:
|
Black | Boettger | Bolkcom | Connolly | |
Dearden | Deluhery | Dvorsky | Fiegen | |
Fink | Flynn | Fraise | Gronstal | |
Hammond | Hansen | Harper | Holveck | |
Horn | Kibbie | McCoy | Ragan | |
Shearer | Soukup | |
|
Nays, 23:
|
Angelo | Behn | Drake | Freeman | |
Gaskill | Houser | Iverson | King | |
Kramer | Lamberti | Lord | Maddox | |
McKean | McKinley | Miller | Redwine | |
Rehberg | Rittmer | Schuerer | Sexton | |
Tinsman | Veenstra | Zieman | |
|
Absent or not voting, 5:
|
Greiner | Jensen | Lundby | McKibben | |
Redfern | |
|
Amendment S-5202 lost. |
Senator Rehberg withdrew amendment S-5337, filed by her on
April 2, 2002, to pages 3, 21, and to the title page of the bill.
Senator Rehberg offered amendment S-5467, filed by her on
April 10, 2002, to pages 3, 21, and to the title page of the bill, and
moved its adoption.
Amendment S-5467 was adopted by a voice vote.
Senator Boettger withdrew amendment S-5472, filed by her on
April 10, 2002, to page 3 of the bill.
Senator Boettger offered amendment S-5497, filed by her from the
floor to page 3 of the bill, and moved its adoption.
Amendment S-5497 was adopted by a voice vote.
Senator Rehberg withdrew amendment S-5334, filed by her on
April 2, 2002, to page 5 and to the title page of the bill.
Senator Rehberg withdrew amendment S-5462, filed by her on
April 10, 2002, to pages 5, 21, and to the title page of the bill.
Senator Rehberg offered amendment S-5468, filed by her on
April 10, 2002, to page 5 and to the title page of the bill.
Senator Connolly raised the point of order that amendment
S-5468 was not germane to the bill.
The Chair ruled the point not well-taken and amendment S-5468
in order.
Senator Dvorsky asked and received unanimous consent that
action on amendment S-5468 and House File 2515 be deferred.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 2614
Senator Jensen called up for consideration 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, amended by the
Senate, further amended by the House, and moved that the Senate
concur in House amendment S-5495 to Senate amendment H-8583,
filed April 11, 2002.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Jensen moved that the bill, as amended by the Senate,
further amended by the House and concurred in by the Senate, be
read the last time now and placed upon its passage, which motion
prevailed by a voice vote, and the bill was read the last time.
On the question "Shall the bill pass?" (H.F. 2614), the vote was:
Ayes, 27:
|
Angelo | Behn | Boettger | Drake | |
Freeman | Gaskill | Hansen | Houser | |
Iverson | Jensen | King | Kramer | |
Lamberti | Lord | Lundby | Maddox | |
McKean | McKinley | Miller | Redwine | |
Rehberg | Rittmer | Schuerer | Sexton | |
Tinsman | Veenstra | Zieman | |
|
Nays, 20:
|
Black | Bolkcom | Connolly | Dearden | |
Deluhery | Dvorsky | Fiegen | Fink | |
Flynn | Fraise | Gronstal | Hammond | |
Harper | Holveck | Horn | Kibbie | |
McCoy | Ragan | Shearer | Soukup | |
|
Absent or not voting, 3:
The bill, having received a constitutional majority, was declared to |
have passed the Senate and the title was agreed to.
The Journal of Wednesday, April 10, 2002, was approved.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 2622.
House File 2622
On motion of Senator McKinley, 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, with report of committee
recommending amendment and passage, was taken up for
consideration.
Senator McKinley offered amendment S-5478, filed by the
committee on Ways and Means on April 10, 2002, to pages 10, 12, 13,
16, 18, 21-23, and to the title page of the bill, and moved its adoption.
Amendment S-5478 was adopted by a voice vote.
Senator Connolly offered amendment S-5487, filed by him from the
floor to page 1 and to the title page of the bill.
Senator McKinley raised the point of order that amendment
S-5487 was not germane to the bill.
The Chair ruled the point well-taken and amendment S-5487 out
of order.
The Chair ruled the following amendments out of order:
S-5494, filed by Senator Dearden from the floor to page 1 of
amendment S-5487; and
S-5499, filed by Senators Redwine and McKean from the floor to
page 1 of amendment S-5487.
Senator Harper offered amendment S-5498, filed by Senator
Harper, et al., from the floor to pages 9-10 and 22-23 of the bill, and
moved its adoption.
Amendment S-5498 was adopted by a voice vote.
Senator Lundby withdrew amendment S-5442, filed by her on
April 10, 2002, to pages 16 and 23 of the bill.
Senator McKinley moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.
On the question "Shall the bill pass?" (H.F. 2622), the vote was:
Ayes, 46:
|
Angelo | Behn | Black | Boettger | |
Bolkcom | Connolly | Dearden | Deluhery | |
Drake | Dvorsky | Fiegen | Fink | |
Flynn | Fraise | Freeman | Gaskill | |
Gronstal | Hammond | Hansen | Harper | |
Holveck | Horn | Houser | Iverson | |
Jensen | Kibbie | King | Kramer | |
Lamberti | Lord | Lundby | McCoy | |
McKean | McKinley | Miller | Ragan | |
Redwine | Rehberg | Rittmer | Schuerer | |
Sexton | Shearer | Soukup | Tinsman | |
Veenstra | Zieman | |
|
Nays, none.
Absent or not voting, 4:
|
Greiner | Maddox | McKibben | Redfern | |
|
The bill, having received a constitutional majority, was declared to |
have passed the Senate and the title, as amended, was agreed to.
BUSINESS PENDING
House File 2515
The Senate resumed consideration of House File 2515, a bill for
an act relating to the duties and operation of the department of
education and providing effective and applicability dates, and
amendment S-5468, previously deferred.
Senator Rehberg withdrew amendment S-5468.
Senator Rehberg offered amendment S-5469, filed by her on
April 10, 2002, to pages 5, 21, and to the title page of the bill, and
moved its adoption.
Amendment S-5469 was adopted by a voice vote.
Senator Dvorsky offered amendment S-5238, filed by him on
March 21, 2002, to pages 10 and 11 of the bill, and moved its
adoption.
A record roll call was requested.
On the question "Shall amendment S-5238 be adopted?"
(H.F. 2515), 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, 27:
|
Angelo | Behn | Boettger | Drake | |
Freeman | Gaskill | Houser | Iverson | |
Jensen | King | Kramer | Lamberti | |
Lord | Lundby | Maddox | McKean | |
McKinley | Miller | Redfern | Redwine | |
Rehberg | Rittmer | Schuerer | Sexton | |
Tinsman | Veenstra | Zieman | |
|
Absent or not voting, 2:
Amendment S-5238 lost. |
Senator Rehberg offered amendment S-5376, filed by Senator
Rehberg, et al., on April 3, 2002, to pages 14 and 21 of the bill, and
moved its adoption.
Amendment S-5376 was adopted by a voice vote.
Senator Connolly offered amendment S-5252, filed by him on
March 26, 2002, to pages 18 and 22 of the bill.
Senator Rehberg raised the point of order that amendment S-5252
was not germane to the bill.
The Chair ruled the point not well-taken and amendment S-5252
in order.
Senator Connolly moved the adoption of amendment S-5252, which
motion prevailed by a voice vote.
Senator Boettger offered amendment S-5501, filed by her from the
floor to page 3 of the bill, and moved its adoption.
Amendment S-5501 was adopted by a voice vote.
Senator Rehberg 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. 2515), the vote was:
Ayes, 48:
|
Angelo | Behn | Black | Boettger | |
Bolkcom | Connolly | Dearden | Deluhery | |
Drake | Dvorsky | Fiegen | Fink | |
Flynn | Fraise | Freeman | Gaskill | |
Gronstal | Hammond | Hansen | Harper | |
Holveck | Horn | Houser | Iverson | |
Jensen | Kibbie | King | Kramer | |
Lamberti | Lord | Lundby | Maddox | |
McCoy | McKean | McKinley | Miller | |
Ragan | Redfern | Redwine | Rehberg | |
Rittmer | Schuerer | Sexton | Shearer | |
Soukup | Tinsman | Veenstra | Zieman | |
|
Nays, none.
Absent or not voting, 2:
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 Files 2318 and 2325 and House Files 2515 and 2622 be
immediately messaged to the House.
The Senate stood at ease at 7:06 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 7:28 p.m., Senator Maddox
presiding.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senate Resolution 133
Senator Connolly asked and received unanimous consent to take
up the following resolution:
1 SENATE RESOLUTION 133
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Patrick J. Deluhery.
4 WHEREAS, Senator Patrick J. Deluhery is retiring
5 from legislative office after completing twenty-four
6 years in office as a State Senator; and
7 WHEREAS, Senator Deluhery's distinguished career as
8 a state legislator has included service as Assistant
9 Majority Leader during the Seventieth General Assembly
10 and as Assistant Minority Leader during the Sixty-
11 ninth and Seventy-seventh General Assemblies; and
12 WHEREAS, Senator Deluhery's service as Chairperson
13 of the Commerce Committee and the Environment and
14 Energy Utilities Committee and of the Human Services
15 Appropriations Subcommittee is well recognized; and
16 WHEREAS, Senator Deluhery has served as the Vice
17 Chairperson and long-time member of the Commerce and
18 Communications Committee and Chairperson of the
19 Environment Committee of the Assembly on Federal
20 Issues of the National Conference of State
21 Legislatures; and
22 WHEREAS, Senator Deluhery's dedication and
23 expertise regarding commerce, economic development,
24 consumer protection on financial services, groundwater
25 protection, waste volume reduction and recycling,
26 energy efficiency, and services to persons with
27 disabilities issues and his knowledge and advice
28 concerning Senate traditions are well recognized; and
29 WHEREAS, Senator Deluhery 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 and
4 WHEREAS, Senator Deluhery has served on many
5 standing committees throughout his years of
6 legislative service and has been an influential and
7 devoted legislator in this state; NOW THEREFORE,
8 BE IT RESOLVED BY THE SENATE, That the Senate pay
9 tribute to Senator Patrick J. Deluhery for his devoted
10 service to the Iowa General Assembly and the citizens
11 of this state and wish him the very best in the years
12 ahead; and
13 BE IT FURTHER RESOLVED, That an official copy of
14 this Resolution be prepared and presented to Senator
15 Deluhery.
The Senate rose and expressed its tribute to Senator Deluhery.
President Kramer took the chair at 7:44 p.m.
Senator Connolly moved the adoption of Senate Resolution 133,
which motion prevailed by a voice vote.
Senator Deluhery was presented a plaque in appreciation of his
years of service and an enrolled copy of Senate Resolution 133.
Senator Deluhery addressed the Senate with brief remarks.
ADJOURNMENT
On motion of Senator Redfern, the Senate adjourned at 8:50 p.m.
until 9:00 a.m. Friday, April 12, 2002.
APPENDIX
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
FFA students from Graettinger Community Schools, accompanied
by Dale Hoffman. Senator Kibbie.
FFA students from Okoboji Community Schools, Milford. Senator
Kibbie.
Forty-one members of the Jazz Band from Okoboji Community
Schools, Milford. Senator Kibbie.
Members of the 8th grade class from Odebolt-Authur Community
Schools, accompanied by Steve Walsh, Pippa Finera, and Don
Schmidke. Senator King.
SUBCOMMITTEE ASSIGNMENTS
House File 2618
WAYS AND MEANS: McKibben, Chair; Harper and McKinley
LSB 7279sv
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
REPORT OF THE SECRETARY OF THE SENATE
MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 2124, the following correction was made:
1. Page 19, line 34, the strike through was extended through the period.
MICHAEL E. MARSHALL
Secretary of the Senate
BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bills have been enrolled, signed by the President of the Senate and the
Speaker of the House, and presented to the Governor for his approval on this 11th day
of April, 2002:
Senate Files 2124 and 2205.
MICHAEL E. MARSHALL
Secretary of the Senate
BILLS SIGNED BY THE GOVERNOR
A communication was received announcing that on April 11, 2002,
the Governor approved and transmitted to the Secretary of State the
following bills:
S.F. 144 - Requiring contracts for the construction or maintenance of highways to
include certain provisions for the restoration of areas in which fill dirt or other
materials are to be removed.
S.F. 466 - Relating to child care and protection public policy provisions involving
children by authorizing sanctions for a child care provider who obtains public funding
by fraudulent means.
S.F. 2273 - Relating to the designation of a Juneteenth National Freedom Day.
EXPLANATION OF VOTES
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 11,
2002, when the vote was taken on Senate File 2325. Had I been present, I would have
voted "Aye." Also, I was necessarily absent from the Senate chamber on April 11, 2002,
when the votes were taken on Senate File 2317 and House File 2339. Had I been
present, I would have voted "Nay" on both.
TOM FLYNN
MOTION TO RECONSIDER FILED
MADAM PRESIDENT: I move to reconsider the vote by which House File 2614
passed the Senate on April 11, 2002.
JEFF LAMBERTI
AMENDMENTS FILED
S-5487 H.F. 2622 Mike Connolly
S-5488 S.F. 2327 Mike Connolly
S-5489 S.F. 2325 House
S-5490 H.F. 2339 Donald B. Redfern
S-5491 H.F. 2617 Kitty Rehberg
S-5492 S.F. 2286 Thomas Fiegen
Johnie Hammond
S-5493 S.F. 2308 David Miller
Sandra Greiner
S-5494 H.F. 2622 Dick L. Dearden
S-5495 H.F. 2614 House
S-5496 S.F. 2318 Thomas Fiegen
Mark Shearer
Steven D. Hansen
Amanda Ragan
Joe Bolkcom
Mike Connolly
Betty A. Soukup
Patricia Harper
Bill Fink
Robert E. Dvorsky
Johnie Hammond
Michael E. Gronstal
John P. Kibbie
Dennis H. Black
Wally E. Horn
Dick L. Dearden
Eugene S. Fraise
Mary A. Lundby
S-5497 H.F. 2515 Nancy Boettger
S-5498 H.F. 2622 Patricia Harper
Paul McKinley
Mark Shearer
Larry McKibben
S-5499 H.F. 2622 John Redwine
Andy McKean
S-5500 H.F. 2549 Nancy Boettger
S-5501 H.F. 2515 Nancy Boettger
S-5502 H.F. 2486 Steve King
© 2002 Cornell College and
League of Women Voters of Iowa
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