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Senate Journal: Friday, April 12, 2002

JOURNAL OF THE SENATE

__________

EIGHTY-NINTH CALENDAR DAY
FIFTY-FOURTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Friday, April 12, 2002

The Senate met in regular session at 9:10 a.m., President Kramer
presiding.

Prayer was offered by Miss Angie Groh, Senate Page from
Thornton, Iowa.

The Journal of Thursday, April 11, 2002, was approved.

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 2259, a bill for an act amending Code provisions
administered by the department of education, including provisions
related to participation in extracurricular activities, tuition
reimbursement payment by school districts under the postsecondary
enrollment options Act, interscholastic activities agreements, school
infrastructure program calculations, phase I payment calculations,
and the use of phase III balances by school districts and area
education agencies.

ALSO: That the House has on April 11, 2002, passed the following bill in which
the concurrence of the Senate is asked:

House File 2623, 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 and attached to similar Senate File 2331.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 147

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

1 SENATE RESOLUTION 147
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Senator Johnie Hammond for her
4 years of legislative service.
5 WHEREAS, Senator Johnie Hammond will this year
6 complete her second term of office in the Senate and
7 her twentieth year of office in the Iowa General
8 Assembly; and
9 WHEREAS, Senator Hammond has served honorably and
10 has unselfishly given her 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 Hammond be
14 honored for her 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 Johnie Hammond and express its
18 gratitude for the service rendered by her; and
19 BE IT FURTHER RESOLVED, That the Senate present to
20 Senator Hammond her Senate chair in appreciation for
21 her service.

Senator Kibbie moved the adoption of Senate Resolution 147,
which motion prevailed by a voice vote.

Senator Hammond was presented her Senate chair in honor of her
20 years of service and an enrolled copy of Senate Resolution 147.

Senator Hammond addressed the Senate with brief remarks.

The Senate rose and expressed its appreciation.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 156.

Senate Resolution 156

On motion of Senator Dvorsky, Senate Resolution 156, a Senate
resolution honoring Irene Bowers on her more than 50-year teaching
career in the Iowa City Community School District, with report of
committee recommending passage, was taken up for consideration.

Senator Dvorsky moved the adoption of Senate Resolution 156,
which motion prevailed by a voice vote.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Boettger, until she arrives, and Senators Greiner and McKibben, for the
day, on request of Senator Freeman; and Senators Deluhery and McCoy, until they
arrive, on request of Senator Gronstal.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2617.

House File 2617

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

Senator Rehberg offered amendment S-5491, filed by her on
April 11, 2002, to pages 2 and 3 of the bill, and moved its adoption.

Amendment S-5491 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. 2617), the vote was:

Ayes, 36:
Angelo Behn Black Drake
Fiegen Fraise Freeman Gaskill
Hammond Harper Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lord Lundby
Maddox McKean McKinley Miller
Ragan Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, 9:
Bolkcom Connolly Dearden Dvorsky
Fink Flynn Gronstal Hansen
Holveck

 


Absent or not voting, 5:
Boettger Deluhery Greiner McCoy
McKibben

 


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

President Pro Tempore McKean took the chair at 9:41 a.m.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Kramer, until she returns, on request of Senator Gaskill; and Senator
Houser, until he returns, on request of Senator Freeman.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration House File 2591.

House File 2591

On motion of Senator Flynn, House File 2591, a bill for an act
relating to an increase in the resident hunting license fee and
establishing a pheasant and quail restoration program and making
an appropriation, with report of committee recommending passage,
was taken up for consideration.

Senator Flynn 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. 2591), the vote was:

Ayes, 43:
Angelo Behn Black Bolkcom
Connolly Dearden Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Jensen Kibbie King
Lamberti Lord Lundby Maddox
McKean McKinley Miller Ragan
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 7:
Boettger Deluhery Greiner Houser
Kramer McCoy McKibben

 


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

SENATE RECEDES

Senate File 2197

Senator Maddox called up for consideration Senate File 2197, a
bill for an act prohibiting a registered sex offender from residing near
a school or child care facility, and providing a penalty, amended by


the House, further amended by the Senate, and moved that the
Senate recede from its amendment.

The motion prevailed and the Senate receded from its
amendment.

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

On the question "Shall the bill pass?" (S.F. 2197), the vote was:

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

 


Nays, none.

Absent or not voting, 6:
Boettger Deluhery Greiner Kramer
McCoy McKibben

 


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 Angelo asked and received unanimous consent to take up
for consideration House File 2621.

House File 2621

On motion of Senator Miller, 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, with report of committee recom-
mending passage, was taken up for consideration.

Senator Miller 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. 2621), the vote was:

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

 


Nays, none.

Absent or not voting, 6:
Boettger Deluhery Greiner Kramer
McCoy McKibben

 


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

IMMEDIATELY MESSAGED

Senator Angelo asked and received unanimous consent that
Senate File 2197 and House Files 2591, 2617, and 2621 be
immediately messaged to the House.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2330.


Senate File 2330

On motion of Senator Lamberti, Senate File 2330, a bill for an act
relating to the establishment of a regional transit district within
incorporated cities and unincorporated areas of one or more counties,
and providing for the issuance of general obligation bonds and
revenue bonds, was taken up for consideration.

Senator Lamberti withdrew amendment S-5438, filed by him on
April 10, 2002, striking and replacing everything after the enacting
clause and to the title page of the bill.

Senator Lamberti offered amendment S-5476, filed by him on April
10, 2002, striking and replacing everything after the enacting clause
and to the title page of the bill, and moved its adoption.

Amendment S-5476 was adopted by a voice vote.

With the adoption of amendment S-5476, the Chair ruled
amendment S-5435, filed by Senator Lamberti on April 9, 2002, to
page 2 and to the title page of the bill, out of order.

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

On the question "Shall the bill pass?" (S.F. 2330), the vote was:

Ayes, 45:
Angelo Behn Black Bolkcom
Connolly Dearden Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Gronstal Hammond
Hansen Harper Holveck Horn
Houser Iverson Jensen Kibbie
King 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, 5:
Boettger Deluhery Greiner Kramer
McKibben

 


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 2286

Senator Angelo called up for consideration Senate File 2286, a
bill for an act relating to the civil commitment of sexually violent
predators, amended by the House in House amendment S-5460, filed
April 10, 2002.

Senator Fiegen offered amendment S-5492, filed by Senators
Fiegen and Hammond on April 11, 2002, to page 1 of House
amendment S-5460.

Senator Fiegen asked and received unanimous consent to
withdraw amendment S-5492 to House amendment S-5460.

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

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

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

On the question "Shall the bill pass?" (S.F. 2286), the vote was:

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

 


Nays, none.

Absent or not voting, 5:
Boettger Greiner Kramer McKibben
Rehberg

 


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 Angelo asked and received unanimous consent to take up
for consideration House File 2620.

House File 2620

On motion of Senator Bolkcom, House File 2620, a bill for an act
regulating farmers markets, providing for fees, making penalties
applicable, and providing an effective date, with report of committee
recommending passage, was taken up for consideration.

Senator Bolkcom 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. 2620), the vote was:

Ayes, 39:
Angelo Behn Black Bolkcom
Connolly Dearden Deluhery Drake
Dvorsky Fiegen Fraise Freeman
Gaskill Gronstal Hammond Harper
Holveck Horn Houser Iverson
Jensen King Lamberti Lord
Lundby Maddox McCoy McKean
McKinley Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Tinsman Veenstra Zieman

 


Nays, 6:
Fink Flynn Hansen Kibbie
Shearer Soukup

 


Absent or not voting, 5:
Boettger Greiner Kramer McKibben
Miller

 


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

UNFINISHED BUSINESS

House File 2565

On motion of Senator Maddox, House File 2565, a bill for an act
requiring contract disclosure statements for certain residential real
estate installment contracts, providing for a penalty, and providing
an applicability date, with report of committee recommending
passage, placed on the Unfinished Business Calendar on March 21,
2002, was taken up for consideration.

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

On the question "Shall the bill pass?" (H.F. 2565), the vote was:

Ayes, 47:
Angelo Behn Black 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, 3:
Boettger Greiner McKibben

 


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

HOUSE AMENDMENT CONSIDERED

Senate File 2268

Senator Redfern called up for consideration Senate File 2268, a
bill for an act relating to animals other than livestock, including the
taking of such animals, providing for their disposition, and providing
for the reimbursement of dispositional expenses, amended by the
House in House amendment S-5295, filed April 2, 2002.

Senator Gaskill took the chair at 10:42 a.m.

President Pro Tempore McKean took the chair at 10:47 a.m.

Senator Redfern 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 Redfern 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. 2268), the vote was:

Ayes, 47:
Angelo Behn Black 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, 3:
Boettger Greiner McKibben

 


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

HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2430

Senator Houser called up for consideration House File 2430, a bill
for an act providing for the mental health and developmental
disabilities commission to assume the duties of the state county
management committee and provides new rulemaking authority
associated with those duties, amended by the Senate, further
amended by the House, and moved that the Senate concur in House
amendment S-5424 to Senate amendment H-8535, filed April 9, 2002.

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

Senator Houser 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. 2430), the vote was:

Ayes, 47:

Angelo Behn Black 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, 3:
Boettger Greiner McKibben

 


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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 2268 and 2286 and House Files 2430, 2565, and 2620
be immediately messaged to the House.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

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

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2616.

House File 2616

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

Senator Flynn 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. 2616), the vote was:

Ayes, 46:
Angelo Behn Black 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
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, 4:
Boettger Greiner McKibben Redfern

 


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

CONFERENCE COMMITTEE REPORT CONSIDERED

House File 2532

Senator Rittmer called up the conference committee report on
House File 2532, a bill for an act relating to public retirement
systems and providing effective and retroactive applicability dates,
filed on April 9, 2002, and moved its adoption.


The motion prevailed by a voice vote and the conference committee
report, with the recommendations and amendments contained
therein, was adopted.

Senator Rittmer 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. 2532), the vote was:

Ayes, 47:
Angelo Behn Black 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, 3:
Boettger Greiner McKibben

 


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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 2532 and 2616 be immediately messaged to the
House.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 159

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

1 SENATE RESOLUTION 159
2 By: Committee on Rules and Administration
3 A Senate Resolution honoring Diane E. Bolender upon her retire-
4 ment as Director of the Legislative Service Bureau.
5 WHEREAS, Diane E. Bolender is retiring as the
6 Director of the Legislative Service Bureau after
7 serving in that capacity for nearly 13 years; and
8 WHEREAS, Diane's service at the Legislative Service
9 Bureau has spanned five decades and nearly 35 years;
10 and
11 WHEREAS, Diane began her legislative career working
12 for the Iowa General Assembly in 1967 prior to the
13 time when the General Assembly first began meeting
14 each year in regular session, and when the Legislative
15 Service Bureau was a young central staff agency; and
16 WHEREAS, Diane's academic degree in history,
17 government, and education and her experience working
18 for the Omaha Public Schools as a high school
19 government teacher served her well in preparing her
20 for her drafting, staffing, and research work at the
21 Legislative Service Bureau; and
22 WHEREAS, Diane exhibited her commitment to the
23 General Assembly and the citizens of this state by
24 quickly becoming an expert in the drafting of bills
25 and staffing of committees in the areas of education,
26 education finance, public retirement systems, and
27 state government; and
28 WHEREAS, Diane continually assumed more
29 responsibility throughout her career at the
30 Legislative Service Bureau, becoming a Senior Research

Page 2

1 Analyst in 1980, assuming the position of Research
2 Division Chief in 1987, being elevated to Deputy
3 Director in 1988, and being named by the Legislative
4 Council as Director in 1989; and
5 WHEREAS, Diane has been an exceptional and much-
6 beloved staff person in the Legislative Service
7 Bureau, continually exclaiming her exuberance for
8 legislative staffing, exercising her devotion and
9 loyalty to the General Assembly as an institution and

10 as a co-equal branch of government, and pursuing her
11 untiring resolve to always prepare the highest quality
12 work products for the General Assembly in the shortest
13 time frame possible; and
14 WHEREAS, Diane has been extremely active in
15 representing the Iowa General Assembly in national
16 legislative organizations, including the Education
17 Commission of the States, the National Conference of
18 State Legislatures, and the Council of State
19 Governments; and
20 WHEREAS, Diane was elected to the highest
21 legislative staff position in the nation as the
22 National Conference of State Legislatures' Staff Chair
23 for 2000-2001, representing more than 30,000
24 legislative staff around the country and endeavoring
25 to serve them through the programs and services
26 offered by this dynamic professional association of
27 legislators and staff; and
28 WHEREAS, Diane's other activities for the National
29 Conference of State Legislatures have included serving
30 as a founding member of the Education Staff Network,

Page 3

1 serving as the Chair of the Research and Committee
2 Staff Section, serving as Staff Chair of the Assembly
3 on the Legislature and of the Assembly on State
4 Issues, and serving two terms on the Executive
5 Committee; and
6 WHEREAS, Diane has also served as a staff member of
7 the national Executive Committee of the Council of
8 State Governments and worked as the principal
9 legislative staff person and liaison to the Council of
10 State Governments' staff when the Iowa General
11 Assembly hosted the 1992 National Annual Meeting of
12 the Council of State Governments and the 1994
13 Midwestern Legislative Conference Meeting of the
14 Council of State Governments in Des Moines; and
15 WHEREAS, it is fitting that the Senate should
16 recognize Diane's extraordinary and long-term public
17 service, her unsurpassed devotion to the legislature
18 as an institution, her inspiring leadership in the
19 Legislative Service Bureau's fulfillment of its
20 nonpartisan drafting and staffing missions, and her
21 determined attention to the lawmaking functions of the
22 General Assembly; NOW THEREFORE,
23 BE IT RESOLVED BY THE SENATE, That the Senate pay
24 tribute to Diane E. Bolender, Director of the
25 Legislative Service Bureau, for her extraordinary and
26 inspiring accomplishments as the leader and manager of
27 the General Assembly's nonpartisan drafting and
28 staffing agency, and for her devoted service over

29 nearly 35 years to the General Assembly and the
30 citizens of this state, and, upon her retirement, wish

Page 4

1 her the very best in the years ahead; and
2 BE IT FURTHER RESOLVED, That the Secretary of the
3 Senate prepare an official copy of this Resolution for
4 presentation to Diane E. Bolender.

The Senate rose and expressed tributes to Director Bolender.

Senator Iverson moved the adoption of Senate Resolution 159,
which motion prevailed by a voice vote.

Director Bolender addressed the Senate with brief remarks.

The Senate rose and expressed its appreciation.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senate Resolution 158

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

1 SENATE RESOLUTION 158
2 By: Committee on Rules and Administration
3 A Senate resolution honoring Thane R. Johnson upon his retire-
4 ment from the Legislative Service Bureau as a Senior
5 Research Analyst.
6 WHEREAS, Thane R. Johnson is retiring from the
7 Legislative Service Bureau as a Senior Research
8 Analyst after serving for nearly 33 years as a
9 Research Analyst with almost 28 of those years serving
10 as a Senior Research Analyst; and
11 WHEREAS, Thane began his career working for the
12 Iowa General Assembly in 1969 when the General
13 Assembly first began meeting each year in regular
14 session, and when the Legislative Service Bureau was a
15 young central staff agency; and
16 WHEREAS, Thane's bachelor and master's degrees in
17 political science and his experience working for the
18 South Dakota State Legislative Research Council and
19 the Polk-Des Moines Taxpayers Association served him
20 well in preparing him for his drafting, staffing, and

21 research work for the Legislative Service Bureau; and
22 WHEREAS, Thane exhibited his commitment to the
23 General Assembly and the citizens of this state by
24 becoming an expert in the drafting of bills and
25 staffing of committees in the areas of alcoholic
26 beverages, gambling, hunting and fishing, and local
27 government; and
28 WHEREAS, Thane has been a much-beloved staff person
29 in the Legislative Service Bureau, sharing his cheery
30 personality, enlightening his fellow employees and the

Page 2

1 Bureau's pages with his highly developed sense of
2 humor, and exercising his musical talents; and
3 WHEREAS, Thane has been active in representing the
4 Iowa General Assembly in many Midwestern meetings of
5 the Council of State Governments; and
6 WHEREAS, it is fitting that the Senate should
7 recognize Thane's long-term public service, his hard
8 work, his dedication to the nonpartisan drafting and
9 staffing missions of the Legislative Service Bureau,
10 and his attention to the lawmaking functions of the
11 General Assembly; NOW THEREFORE,
12 BE IT RESOLVED BY THE SENATE, That the Senate pay
13 tribute to Thane R. Johnson, Senior Research Analyst
14 of the Legislative Service Bureau, for his
15 extraordinary accomplishments as a bill drafter and
16 committee staffer, and for his devoted service to the
17 General Assembly and the citizens of this state, and,
18 upon his retirement, wish him the very best in the
19 years ahead; and
20 BE IT FURTHER RESOLVED, That the Secretary of the
21 Senate prepare an official copy of this Resolution for
22 presentation to Thane R. Johnson.

The Senate rose and expressed tributes to Mr. Johnson.

Senator Iverson moved the adoption of Senate Resolution 158,
which motion prevailed by a voice vote.

Mr. Johnson addressed the Senate with brief remarks.

The Senate rose and expressed its appreciation.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 121.

Senate Resolution 121

On motion of Senator Iverson, Senate Resolution 121, a Senate
resolution honoring the University of Iowa Women's Basketball Team
and Coach Lisa Bluder, with report of committee recommending
passage, was taken up for consideration.

Senator Iverson moved the adoption of Senate Resolution 121,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 122.

Senate Resolution 122

On motion of Senator Iverson, Senate Resolution 122, a Senate
resolution congratulating the Iowa State Cyclones Women's
Basketball Team and Coach Bill Fennelly, with report of committee
recommending passage, was taken up for consideration.

Senator Iverson moved the adoption of Senate Resolution 122,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 123.


Senate Resolution 123

On motion of Senator Iverson, Senate Resolution 123, a Senate
resolution honoring the Drake Women's Basketball Team, with report
of committee recommending passage, was taken up for consideration.

Senator Iverson moved the adoption of Senate Resolution 123,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 124.

Senate Resolution 124

On motion of Senator Iverson, Senate Resolution 124, a Senate
resolution congratulating Gayle Blevins, Head Coach of the
University of Iowa Women's Softball Team on her successful coaching
career, with report of committee recommending passage, was taken
up for consideration.

Senator Iverson moved the adoption of Senate Resolution 124,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 160.

Senate Resolution 160

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


Senator Bolkcom moved the adoption of Senate Resolution 160,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 161.

Senate Resolution 161

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

Senator Black moved the adoption of Senate Resolution 161, which
motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 115.

Senate Resolution 115

On motion of Senator Iverson, Senate Resolution 115, a Senate
resolution congratulating Ms. Carissa Meadows for receiving a 2002
Prudential Spirit of Community Award, with report of committee
recommending passage, was taken up for consideration.

Senator Iverson moved the adoption of Senate Resolution 115,
which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 152.

Senate Resolution 152

On motion of Senator Iverson, Senate Resolution 152, a Senate
resolution requesting Iowa's congressional delegation to work to
permanently repeal the federal death tax, with report of committee
recommending passage, was taken up for consideration.

Senator Iverson moved the adoption of Senate Resolution 152.

A nonrecord roll call was requested.

The ayes were 21, nays 12.

The motion prevailed and the resolution was adopted.

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, adopted the conference committee report and passed
House File 2191, a bill for an act relating to notarial acts by judicial officers.

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 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. (S-5504)

ALSO: That the House has on April 12, 2002, adopted the conference committee
report and passed 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.

ALSO: That the House has on April 12, 2002, concurred in the Senate
amendment and passed the following bill in which the concurrence of the Senate is
asked:

House File 2339, a bill for an act relating to the filing of a
supersedeas bond.


ALSO: That the House has on April 12, 2002, amended the Senate amendment,
concurred in the Senate amendment as amended, and passed the following bills in
which the concurrence of the Senate is asked:

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. (S-5503)

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. (S-5505)

CONFERENCE COMMITTEE REPORT CONSIDERED

House File 2192

Senator Tinsman called up the conference committee report 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, filed on April 10, 2002, and moved its
adoption.

The motion prevailed by a voice vote and the conference committee
report, with the recommendations and amendments contained
therein, was adopted.

Senator Tinsman 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. 2192), the vote was:

Ayes, 43:
Behn Black Bolkcom Connolly
Dearden Deluhery Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Gronstal Hammond
Hansen Harper Holveck Horn
Houser Iverson Kibbie King
Kramer Lamberti Lord Lundby
Maddox McCoy McKean McKinley
Miller Ragan Redfern Redwine
Rehberg Rittmer Schuerer Shearer
Soukup Tinsman Veenstra

 


Nays, none.

Absent or not voting, 7:
Angelo Boettger Greiner Jensen
McKibben Sexton Zieman

 


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 2323

Senator Redfern called up for consideration 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, amended by the House, and moved that the
Senate concur in House amendment S-5440, filed April 10, 2002.

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

Senator Redfern 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. 2323), the vote was:

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

 


Nays, none.

Absent or not voting, 5:
Boettger Greiner Jensen Lord
McKibben

 


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

UNFINISHED BUSINESS

Senate File 2308

On motion of Senator Miller, Senate File 2308, a bill for an act
relating to the utility replacement tax, and providing for the Act's
retroactive applicability, placed on the Unfinished Business Calendar
on March 14, 2002, was taken up for consideration.

Senator Miller asked and received unanimous consent to withdraw
amendment S-5386, filed by Senators Greiner and Miller on April 3,
2002, to page 2 of the bill.

Senator Miller asked and received unanimous consent to withdraw
amendment S-5471, filed by Senators Miller and Greiner on April 10,
2002, to page 2 of the bill.

Senator Miller offered amendment S-5493, filed by Senators Miller
and Greiner on April 11, 2002, to page 2 of the bill.

(Action on Senate File 2308 was deferred.)

The Senate stood at ease at 12:45 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 1:15 p.m., President Pro Tempore
McKean presiding.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Concurrent Resolution 122.

House Concurrent Resolution 122

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

Senator Iverson moved the adoption of House Concurrent
Resolution 122, which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Concurrent Resolution 123.

House Concurrent Resolution 123

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

Senator Iverson moved the adoption of House Concurrent
Resolution 123, which motion prevailed by a voice vote.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 118.


Senate Concurrent Resolution 118

On motion of Senator Iverson, Senate Concurrent Resolution 118,
a concurrent resolution supporting enactment of Medicare coverage of
oral cancer drugs, with report of committee recommending passage,
was taken up for consideration.

Senator Iverson moved the adoption of Senate Concurrent
Resolution 118, which motion prevailed by a voice vote.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 118, House Concurrent
Resolutions 122 and 123, Senate File 2323, and House File 2192
be immediately messaged to the House.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Tinsman, until she returns, on request of Senator Rittmer; and Senators
Jensen, Maddox, and Schuerer, until they return, on request of Senator Iverson.

BUSINESS PENDING

Senate File 2308

The Senate resumed consideration of Senate File 2308, a bill for
an act relating to the utility replacement tax, and providing for the
Act's retroactive applicability, previously deferred.

Senator Miller moved the adoption of amendment S-5493.

A record roll call was requested.

On the question "Shall amendment S-5493 be adopted?"
(S.F. 2308), the vote was:

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


Ayes, 20:
Behn Drake Gaskill Harper
Horn Iverson King Kramer
Lamberti Lord Lundby McKean
McKinley Miller Redwine Rehberg
Sexton Shearer Veenstra Zieman

 


Nays, 23:
Angelo Black Bolkcom Connolly
Dearden Deluhery Dvorsky Fiegen
Fink Flynn Fraise Freeman
Gronstal Hammond Hansen Holveck
Houser Kibbie McCoy Ragan
Redfern Rittmer Soukup

 


Absent or not voting, 7:
Boettger Greiner Jensen Maddox
McKibben Schuerer Tinsman

 


Amendment S-5493 lost.

Senator Miller 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. 2308), the vote was:

Ayes, 39:
Angelo Behn Black Bolkcom
Connolly Dearden Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Gronstal
Hammond Hansen Harper Holveck
Horn Houser Iverson Kibbie
King Kramer Lamberti Lord
Lundby McCoy McKean McKinley
Miller Ragan Redfern Rittmer
Sexton Soukup Veenstra

 


Nays, 4:
Redwine Rehberg Shearer Zieman

 




Absent or not voting, 7:
Boettger Greiner Jensen Maddox
McKibben Schuerer Tinsman

 


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

HOUSE AMENDMENT CONSIDERED

Senate File 2258

Senator Angelo called up for consideration Senate File 2258, a
bill for an act relating to the board of educational examiners'
authority to determine whether an applicant for licensure or
certification or for renewal of a license is qualified for the license
sought, amended by the House in House amendment S-5256, filed
March 26, 2002.

Senator Angelo offered amendment S-5281, filed by him on
April 1, 2002, to page 1 of House amendment S-5256, and moved its
adoption.

Amendment S-5281 was adopted by a voice vote.

Senator Angelo offered amendment S-5429, filed by him on
April 9, 2002, to page 1 of House amendment S-5256, and moved its
adoption.

Amendment S-5429 was adopted by a voice vote.

Senator Angelo 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 Angelo 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. 2258), the vote was:

Ayes, 45:
Angelo Behn Black 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 Ragan Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, 5:
Boettger Greiner McKibben Miller
Redfern

 


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 Miller, until he returns, on request of Senator Horn.

UNFINISHED BUSINESS
(Deferred April 10, 2002)

House File 2559

The Senate resumed consideration of House File 2559, a bill for
an act relating to child protection confidentiality requirements
involving the department of human services, deferred April 10, 2002.

Senator Shearer withdrew the motion to reconsider the vote by
which amendment S-5215 to House File 2559 was adopted by the
Senate on April 10, 2002, filed by him on April 10, 2002, and found on
page 1104 of the Senate Journal.

President Kramer took the chair at 1:43 p.m.

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

On the question "Shall the bill pass?" (H.F. 2559), the vote was:

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

Ayes, 21:
Angelo Behn Drake Freeman
Gaskill Houser Jensen King
Lamberti Lord McKean McKinley
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Tinsman Veenstra
Zieman

 


Nays, 25:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Iverson Kibbie Kramer Lundby
Maddox McCoy Ragan Shearer
Soukup

 


Absent or not voting, 4:
Boettger Greiner McKibben Miller

 


The bill, having not received a constitutional majority, was
declared to have failed to pass the Senate.

HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2622

Senator McKinley called up for consideration 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,
amended by the Senate, further amended by the House, and moved
that the Senate concur in House amendment S-5505, to Senate
amendment H-8682, filed April 12, 2002.

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

Senator McKinley 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. 2622), the vote was:

Ayes, 46:
Angelo Behn Black 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 Ragan Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, 4:
Boettger Greiner McKibben Miller

 


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


HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2515

Senator Rehberg called up for consideration House File 2515, a
bill for an act relating to the duties and operation of the department
of education and providing effective and applicability date, amended
by the Senate, further amended by the House, and moved that the
Senate concur in House amendment S-5503 to Senate amendment H-
8681, filed April 12, 2002.

A nonrecord roll call was requested.

The ayes were 25, nays 20.

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

Senator Rehberg 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. 2515), the vote was:

Ayes, 46:
Angelo Behn Black 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 Ragan Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, 4:
Boettger Greiner McKibben Miller
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 Connolly, until he returns, on request of Senator Hammond.

SENATE RECEDES

House File 582

Senator Angelo called up for consideration House File 582, a bill
for an act relating to the division and development of land by
amending provisions relating to subdivision plats and plats of survey
and relating to annexation and other boundary adjustments, and
providing for the Act's applicability, amended by the Senate and
moved that the Senate recede from its amendment.

The motion prevailed by a voice vote and the Senate receded from
its amendment.

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. 582), the vote was:

Ayes, 45:
Angelo Behn Black Bolkcom
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 Ragan Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, 5:
Boettger Connolly Greiner McKibben
Miller

 


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

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

CONFIRMATION OF GOVERNORíS APPOINTMENTS

In accordance with Senate Rule 59, Senator Iverson called up the
following eligible appointees on the En Bloc Confirmation Calendar:

E. Joyce Schulte, Agricultural Development Authority
Gary Steinlage, Agricultural Development Authority
Annette Townsley, Agricultural Development Authority

Holly Healey, Board of Athletic Training Examiners

G. L. Rushenberg, Board of Barber Examiners

Ethel Campbell, Commission on Community Action Agencies

Barbara Oliver-Hall, Credit Union Review Board

Mary Barakat, Criminal and Juvenile Justice Planning Advisory
Council

James Grover, Commission on the Deaf

Carolyn Roberts, Iowa Grain Indemnity Fund Board
Donna Winburn, Iowa Grain Indemnity Fund Board

Dr. William T. Brown, Grape and Wine Development Commission
Benjamin Jung, Grape and Wine Development Commission
Ron Mark, Grape and Wine Development Commission
Horst "John" Priebe, Grape and Wine Development Commission
Dr. Paul Tabor, Grape and Wine Development Commission

Eldon Huston, Healthy and Well Kids in Iowa (hawk-i) Board

Leslie Whippen, Board for the Licensing and Regulation of Hearing
Aid Dispensers

Larry Hertel, State Board of Examiners for Nursing Home
Administrators

Connie Connolly, Board of Optometry Examiners

Verna Welte, Prevention of Disabilities Policy Council

Sharon Chism, Real Estate Appraiser Examining Board

Alison Doyle, Small Business Advisory Council
Derek Holmes, Small Business Advisory Council

Barry Cleaveland, State Transportation Commission

Dean Hicks, Iowa Workforce Development Board
Patricia Marshall, Iowa Workforce Development Board
Earnest Nelson, Iowa Workforce Development Board

Senator Iverson moved that the foregoing appointees be confirmed
by the Senate.

On the question "Shall the appointees be confirmed?" the vote was:

Ayes, 46:
Angelo Behn Black 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 Ragan Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.


Absent or not voting, 4:
Boettger Greiner McKibben Miller

 


The appointees, having received a two-thirds vote, were declared to
have been confirmed by the Senate.

CONFIRMATION OF GOVERNORíS APPOINTMENTS
(Individual Confirmation Calendar)

Senator Iverson called up the appointment of Steven Chapman, as
a member of the State Racing and Gaming Commission, placed on the
Individual Confirmation Calendar on March 27, 2002, and found on
page 847 of the Senate Journal.

Senator Kibbie moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 46:
Angelo Behn Black 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 Ragan Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, 4:
Boettger Greiner McKibben Miller

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.


Senator Iverson called up the appointment of Richard J. Haines, as
Director of the Department of General Services, placed on the
Individual Confirmation Calendar on March 27, 2002, and found on
page 847 of the Senate Journal.

Senator Lamberti moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 44:
Angelo Behn Black Bolkcom
Connolly Dearden Deluhery Drake
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 Ragan Redfern Redwine
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, 1:
Dvorsky

 


Absent or not voting, 5:
Boettger Greiner McKibben Miller
Rehberg

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

RECESS

On motion of Senator Iverson, the Senate recessed at 2:28 p.m.
until the completion of a meeting of the committee on Rules and
Administration.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Irene Bowers, Iowa City - For a more than 50-year teaching career in the Iowa City
Community School District. Senator Dvorsky (04/12/02).

City of Coralville - For receiving a first-place award in the 2001 international
Nations in Bloom competition. Senator Dvorsky (04/12/02).

PRESENTATION OF VISITORS

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

FFA students from Anamosa Community Schools and their guests,
14 high school students from Sybena, Russia. Senator McKean.

Thirty-seven 4th grade students from Cody Elementary in
Pleasant Valley, accompanied by their teacher Sonya Vogel. Senators
Rittmer and Tinsman.

PETITION

The following petition was presented and placed on file:

From residents of Marion County favoring legislation to regulate
livestock and livestock facilities. Senator Fink.

REPORT OF COMMITTEE MEETING

RULES AND ADMINISTRATION

Convened: April 12, 2002, 2:30 p.m.

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

Members Absent: Boettger (excused).

Committee Business: Passed SRs 162, 164, 165, LSB 7279sv, and resolutions for the
daily operations of the Senate and for adjournment of the Senate.

Adjourned: 2:31 p.m.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 164

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 165

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

COMMITTEE REPORTS

RULES AND ADMINISTRATION

Final Bill Action: SENATE CONCURRENT RESOLUTION 119, a Senate
concurrent resolution to provide for adjournment sine die.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Gaskill, Harper,
Lord, McKean, and Rittmer. Nays, none. Absent or not voting, 1: Boettger.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 164, a Senate resolution deferring action
on the confirmation of an appointment submitted by the Governor.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Gaskill, Harper,
Lord, McKean, and Rittmer. Nays, none. Absent or not voting, 1: Boettger.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 166, a Senate resolution relating to daily
operations of the Senate.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Gaskill, Harper,
Lord, McKean, and Rittmer. Nays, none. Absent or not voting, 1: Boettger.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


ALSO:

Final Bill Action: SENATE RESOLUTION 167 (LSB 7279sv), a Senate resolution
requesting the Secretary of Agriculture to establish a task force to study value-added
agricultural issues.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Gaskill, Harper,
Lord, McKean, and Rittmer. Nays, none. Absent or not voting, 1: Boettger.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on April 12, 2002,
the Governor approved and transmitted to the Secretary of State the
following bills:

S.F. 415 - Relating to the jurisdiction of district associate judges.

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

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 12,
2002, when the votes were taken on Senate Concurrent Resolution 118 and Senate File
2308 (and amendment S-5493 to Senate File 2308). Had I been present, I would have
voted "Aye" on both (and "Nay" on amendment S-5493). In addition, I was necessarily
absent from the Senate chamber on April 12, 2002, when the votes were taken on House
Concurrent Resolutions 122 and 123. Had I been present, I would have voted "Aye" on
both.
NEAL SCHUERER


RECONVENED

The Senate reconvened at 2:31 p.m., President Pro Tempore
McKean presiding.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

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

CONFIRMATION OF GOVERNORíS APPOINTMENT
(Individual Confirmation Calendar)

Senator Iverson called up the appointment of Mary Elizabeth
Brandsgard, as Chairperson of the Iowa Telecommunications and
Technology Commission, placed on the Individual Confirmation
Calendar on March 28, 2002, and found on page 862 of the Senate
Journal.

Senator Deluhery moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

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

 


Nays, none.

Absent or not voting, 5:
Boettger Greiner Kramer McKibben
Miller
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

 


COMMITTEE REPORTS

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 162, a Senate resolution recognizing
Ms. Effie Burt for her composition, "I'll Make Me a World."

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Gaskill, Harper,
Lord, McKean, and Rittmer. Nays, none. Absent or not voting, 1: Boettger.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 165, a Senate resolution thanking state
employees who have been laid off or furloughed for their service to the state.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Gaskill, Harper,
Lord, McKean, and Rittmer. Nays, none. Absent or not voting, 1: Boettger.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

CONSIDERATION OF RESOLUTIONS
(Regular Calendar)

Senator Freeman asked and received unanimous consent to take
up for consideration Senate Resolutions 162 and 165.

Senate Resolution 162

On motion of Senator Harper, Senate Resolution 162, a Senate
resolution recognizing Ms. Effie Burt for her composition, "I'll Make
Me a World," with report of committee recommending passage, was
taken up for consideration.

Senator Harper moved the adoption of Senate Resolution 162,
which motion prevailed by a voice vote.


Senate Resolution 165

On motion of Senator Gronstal, Senate Resolution 165, a Senate
resolution thanking state employees who have been laid off or
furloughed for their service to the state, with report of committee
recommending passage, was taken up for consideration.

Senator Gronstal moved the adoption of Senate Resolution 165,
which motion prevailed by a voice vote.

CONFIRMATION OF GOVERNORíS APPOINTMENT
(Individual Confirmation Calendar)

Senator Sexton called up the appointment of Thomas Gronstal, as
Superintendent of Banking, placed on the Individual Confirmation
Calendar on March 5, 2002, and found on page 490 of the Senate
Journal.

Senator Jensen moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

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

 


Nays, none.

Absent or not voting, 6:
Boettger Greiner Iverson Kramer
McKibben Miller

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

UNFINISHED BUSINESS

Senate File 2250

On motion of Senator Fink, Senate File 2250, a bill for an act
relating to the operation and regulation of personal watercraft or
motorboats, and to watercraft safety courses and certificates, and
subjecting violators to a penalty, placed on the Unfinished Business
Calendar on March 14, 2002, was taken up for consideration.

Senator Fink offered amendment S-5511, filed by him from the
floor striking and replacing everything after the enacting clause and
to the title page of the bill, and moved its adoption.

Amendment S-5511 was adopted by a voice vote.

With the adoption of amendment S-5511, the Chair ruled
amendment S-5152, filed by Senators Fink and Sexton on March 13,
2002, to pages 1, 2, and to the title page of the bill, out of order.

Senator Fink asked and received unanimous consent that House
File 2447 be substituted for Senate File 2250.

House File 2447

On motion of Senator Fink, House File 2447, a bill for an act
relating to the operation and regulation of personal watercraft, and to
watercraft safety courses and certificates, and subjecting violators to
a penalty, was taken up for consideration.

Senator Fink 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. 2447), the vote was:

Ayes, 39:
Angelo Behn Black Bolkcom
Connolly Dearden Deluhery Drake
Dvorsky Fiegen Fink Flynn
Fraise Freeman Gaskill Gronstal

 



Hammond Hansen Harper Holveck
Horn Houser Jensen Kibbie
Lamberti Lord Lundby Maddox
McCoy McKean McKinley Ragan
Redfern Rehberg Rittmer Sexton
Shearer Soukup Zieman

Nays, 5:
King Redwine Schuerer Tinsman
Veenstra

 


Absent or not voting, 6:
Boettger Greiner Iverson Kramer
McKibben Miller

 


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

WITHDRAWN

Senator Fink asked and received unanimous consent that Senate
File 2250 be withdrawn from further consideration of the Senate.

CONFIRMATION OF GOVERNORíS APPOINTMENTS
(Individual Confirmation Calendar)

Senator Iverson called up the appointment of Lynn M. Walding, as
Administrator of the Alcoholic Beverages Division, placed on the
Individual Confirmation Calendar on March 27, 2002, and found on
page 846 of the Senate Journal.

Senator Maddox moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 43:
Angelo Behn Black Bolkcom
Connolly Deluhery Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Gronstal Hammond
Hansen Harper Holveck Horn
Houser Jensen Kibbie King
Lamberti Lord Lundby Maddox
McCoy McKean McKinley Ragan
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 7:
Boettger Dearden Greiner Iverson
Kramer McKibben Miller

 


The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

Senator Angelo took the chair at 3:14 p.m.

Senator Maddox called up the appointment of Jack P. Ketterer, as
Administrator of the State Racing and Gaming Commission, placed
on the Individual Confirmation Calendar on March 27, 2002, and
found on page 847 of the Senate Journal.

Senator McKean moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 42:
Angelo Behn Black Bolkcom
Connolly Deluhery Drake Dvorsky
Fiegen Fink Flynn Fraise
Freeman Gaskill Gronstal Hammond
Hansen Harper Holveck Horn
Houser Jensen Kibbie King
Lamberti Lord Lundby Maddox
McCoy McKean McKinley Ragan
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, 8:
Boettger Dearden Greiner Iverson
Kramer McKibben Miller Redfern

 



The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.

President Pro Tempore McKean took the chair at 3:20 p.m.

UNFINISHED BUSINESS

House File 2486

On motion of Senator King, House File 2486, a bill for an act
relating to redistricting, the process of congressional and legislative
redistricting, and review by the ethics and campaign disclosure board
of county supervisor redistricting plans, and providing an effective
date, with report of committee recommending passage, placed on the
Unfinished Business Calendar on March 21, 2002, was taken up for
consideration.

Senator Gronstal offered amendment S-5508, filed by him from the
floor to pages 1, 7, 8, and to the title page of the bill.

Senator King raised the point of order that amendment S-5508
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5508 out
of order.

Senator King offered amendment S-5428, filed by him on
April 9, 2002, to pages 5-7 and 10-12 of the bill.

Senator King withdrew amendment S-5428.

Senator King offered amendment S-5502, filed by him on April 11,
2002, to pages 5-7 and 10-12 of the bill, and moved its adoption.

Amendment S-5502 was adopted by a voice vote.

President Kramer took the chair at 3:46 p.m.

Senator Gronstal offered amendment S-5509, filed by him from the
floor to page 7 and to the title page of the bill.


Senator Gronstal withdrew amendment S-5509.

Senator Gronstal offered amendment S-5507, filed by him from the
floor to page 8 and to the title page of the bill.

Senator King raised the point of order that amendment S-5507
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5507 out
of order.

(Action on House File 2486 was deferred.)

The Senate stood at ease at 3:55 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 4:15 p.m., President Kramer
presiding.

Senator Angelo took the chair at 4:16 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Concurrent Resolution 119, by committee on Rules and
Administration, a concurrent resolution to provide for adjournment
sine die.

Read first time and placed on calendar.

Senate Resolution 166, by committee on Rules and
Administration, a Senate resolution relating to daily operations of the
Senate.

Read first time and placed on calendar.

Senate Resolution 167, by committee on Rules and
Administration, a Senate resolution requesting the Secretary of
Agriculture to establish a task force to study value-added agricultural
issues.

Read first time and placed on calendar.

DEFERRAL OF APPOINTEE
(Individual Confirmation Calendar)

Senator Schuerer called up the appointment of Lee Clancey, as a
member of the State Racing and Gaming Commission, placed on the
Individual Confirmation Calendar on March 27, 2002, and found on
page 847 of the Senate Journal.

Senate Iverson asked and received unanimous consent that action
on the appointment of Lee Clancy be deferred.

The Senate stood at ease at 4:20 p.m. until the fall of the gavel.

The Senate resumed session at 4:43 p.m., Senator Angelo
presiding.

QUORUM CALL

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

The vote revealed 41 present, 9 absent, and a quorum present.

SPECIAL PRESENTATION TO SENATE PAGES

The Senate Pages were invited to the well of the Senate for a
special presentation and thanked by Senators Iverson and Gronstal
for their service to the Senate.

A Certificate of Excellence for serving with honor and distinction
as a Senate Page during the 2002 Regular Session of the Seventy-
ninth General Assembly and individual and group pictures were
presented to each of the following pages:

Karla Anderson, Alyssa Beaman, Alissa Darrow, Jessi Fisher,
Matt Gibson, Tiffany Gilbert, Angie Groh, Emma Heetland, Sam
How, Andrew Kinser, Ember Leonard, Tiffany Meredith, Micky
Snieder, Kasee Sparks, Julianne Spoo, Micah Van Mersbergen,
Mallie Vetter, and Wendy Walker.

The Senate rose and expressed its appreciation to the Pages.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 2258 and House Files 582, 2447, 2515, and 2622 be
immediately messaged to the House.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Fraise, for the remainder of the day, on request of Senator Hansen.

REFUSAL OF GOVERNOR'S APPOINTMENT
(Individual Confirmation Calendar)

Senator Iverson called up the appointment of Lee Clancey, as a
member of the State Racing and Gaming Commission, previously
deferred.

President Kramer took the chair at 5:47 p.m.

Senator Iverson moved that the foregoing appointment be
confirmed by the Senate.

On the question "Shall the appointee be confirmed?" the vote was:

Ayes, 27:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Hammond Hansen Harper
Holveck Horn Iverson Jensen
Kibbie Lundby Maddox McCoy
McKean Ragan Redfern Rittmer
Shearer Soukup Tinsman

 


Nays, 20:
Angelo Behn Boettger Drake
Freeman Gaskill Gronstal Houser
King Kramer Lamberti Lord
McKinley Miller Redwine Rehberg
Schuerer Sexton Veenstra Zieman

 




Absent or not voting, 3:
Fraise Greiner McKibben

 


The appointee, having failed to receive a two-thirds vote, was
declared to have been refused confirmation by the Senate.

The Senate stood at ease at 6:10 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 7:45 p.m., President Kramer
presiding.

QUORUM CALL

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

The vote revealed 42 present, 8 absent, and a quorum present.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Soukup and McCoy, for the remainder of the day, on request of Senator
Hammond.

UNFINISHED BUSINESS

House File 2549

On motion of Senator Boettger, House File 2549, a bill for an act
relating to students and school district employees by amending the
student achievement and teacher quality program and language
pertaining to retirement incentives and providing an effective date,
with report of committee recommending passage, placed on the
Unfinished Business Calendar on March 21, 2002, was taken up for
consideration.

Senator Fink offered amendment S-5445, filed by him on April 10,
2002, to pages 1-12 and to the title page of the bill, and moved its
adoption.


A nonrecord roll call was requested.

The ayes were 16, nays 26.

Amendment S-5445 lost.

Senator Boettger withdrew amendment S-5500, filed by her on
April 11, 2002, to pages 2, 4, 5, and 9-12 of the bill.

Senator Kramer withdrew amendment S-5512, filed by her from
the floor to pages 4-6 and 8-12 of the bill.

Senator Boettger offered amendment S-5515, filed by her from the
floor to pages 4-6 and 8-12 of the bill, and moved its adoption.

Amendment S-5515 was adopted by a voice vote.

Senator Boettger 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. 2549), the vote was:

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

 


Nays, none.

Absent or not voting, 5:
Fraise Greiner McCoy McKibben
Soukup

 



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

HOUSE MESSAGES RECEIVED

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 February 5, 2002, passed the following bill in which the concurrence of
the House was asked:

Senate File 2057, a bill for an act relating to the designation of a
Dr. Norman E. Borlaug World Food Prize Day.

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on April 12, 2002, passed the following bill in which the concurrence of the
House was asked:

Senate File 2293, a bill for an act relating to animal agriculture.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House File 2549 be immediately messaged to the House.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2331.

Senate File 2331

On motion of Senator Lamberti, Senate File 2331, 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, was taken up for consideration.


Senator Lamberti offered amendment S-5506, filed by him from
the floor striking and replacing everything after the enacting clause
of the bill, and moved its adoption.

Amendment S-5506 was adopted by a voice vote.

Senator Lamberti asked and received unanimous consent that
House File 2623 be substituted for Senate File 2331.

House File 2623

On motion of Senator Lamberti, House File 2623, 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, was taken up for consideration.

Senator Fink offered amendment S-5514, filed by Senators Fink
and McCoy from the floor to pages 12 and 13 of the bill.

Senator Lamberti raised the point of order that amendment
S-5514 was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5514 out
of order.

Senator Fiegen offered amendment S-5510, filed by him from the
floor to page 27 of the bill.

President Pro Tempore McKean took the chair at 8:58 p.m.

President Kramer took the chair at 9:04 p.m.

Senator Lamberti raised the point of order that amendment
S-5510 was not germane to the bill.

The Chair ruled the point well-taken and amendment S-5510 out
of order.


The Senate stood at ease at 9:15 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 9:34 p.m., President Kramer
presiding.

Senator Bolkcom offered amendment S-5513, filed by Senators
Bolkcom and Kibbie from the floor to page 29 of the bill, and moved
its adoption.

A record roll call was requested.

On the question "Shall amendment S-5513 be adopted?"
(H.F. 2623), the vote was:

Ayes, 18:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hammond Hansen
Harper Holveck Horn Kibbie
Ragan Shearer

 


Nays, 24:
Angelo Behn Boettger Drake
Freeman Gaskill Houser Iverson
Jensen King Kramer Lamberti
Lord McKean McKinley Miller
Redfern Redwine Rittmer Schuerer
Sexton Tinsman Veenstra Zieman

 


Absent or not voting, 8:
Fraise Greiner Lundby Maddox
McCoy McKibben Rehberg Soukup

 


Amendment S-5513 lost.

Senator Kibbie offered amendment S-5517, filed by him from the
floor to page 57 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5517 be adopted?"
(H.F. 2623), the vote was:

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

 


Nays, 23:
Angelo Behn Boettger Freeman
Gaskill Houser Iverson Jensen
King Kramer Lamberti Lord
McKean McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Veenstra Zieman

 


Absent or not voting, 6:
Fraise Greiner Maddox McCoy
McKibben Soukup

 


Amendment S-5517 lost.

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

On the question "Shall the bill pass?" (H.F. 2623), the vote was:

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

Ayes, 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

 


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

 


Absent or not voting, 5:
Fraise Greiner McCoy McKibben
Soukup

 


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

WITHDRAWN

Senator Lamberti asked and received unanimous consent that
Senate File 2331 be withdrawn from further consideration of the
Senate.

President Pro Tempore McKean took the chair at 10:47 p.m.

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 12, 2002, passed the following bills in which the concurrence of the
House was asked:

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

Senate File 2328, a bill for an act providing for the establishment
of the state percent of growth for purposes of the state school
foundation program and providing an applicability date.

ALSO: That the House on April 12, 2002, concurred in the Senate amendment
and passed the following bill in which the concurrence of the House was asked:

House File 2549, a bill for an act relating to students and school
district employees by amending the student achievement and teacher
quality program and language pertaining to retirement incentives
and providing an effective date.


ALSO: That the House on April 12, 2002, concurred in the Senate amendment to
the House amendment, 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.

Senate File 2258, a bill for an act relating to the board of
educational examiners' authority to determine whether an applicant
for licensure or certification or for renewal of a license is qualified for
the license sought.

ALSO: That the House on April 12, 2002, amended and passed the following bill
in which the concurrence of the House was asked:

Senate File 2316, a bill for an act relating to the sale of certain
farmland by Iowa state university of science and technology,
providing for the appropriation and use of proceeds from the sale, and
providing an effective date. (S-5516)

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House File 2623 be immediately messaged to the House.

HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED

House File 2615

Senator Kramer called up for consideration 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, amended by the Senate, further amended
by the House, and moved that the Senate concur in House
amendment S-5504 to Senate amendment H-8642, filed April 12,
2002.

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


Senator Kramer 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?" (S.F. 2615), the vote was:

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

 


Nays, 17:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Gronstal Hammond Harper
Holveck Horn Kibbie Ragan
Shearer

 


Absent or not voting, 6:
Fraise Greiner McCoy McKibben
Rehberg Soukup

 


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

CONFERENCE COMMITTEE REPORT CONSIDERED

House File 2191

Senator Boettger called up the conference committee report on
House File 2191, a bill for an act relating to notarial acts by judicial
officers, filed on April 10, 2002, and moved its adoption.

The motion prevailed by a voice vote and the conference committee
report, with the recommendations and amendments contained
therein, was adopted.


Senator Boettger 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. 2191), the vote was:

Ayes, 43:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Freeman Gaskill Gronstal
Hammond Hansen Harper Holveck
Horn Iverson Jensen Kibbie
King Kramer Lamberti Lord
Lundby Maddox McKean McKinley
Miller Ragan Redfern Redwine
Rehberg Rittmer Sexton Shearer
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 7:
Fraise Greiner Houser McCoy
McKibben Schuerer Soukup

 


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

Senator Boettger took the chair at 11:00 p.m.

HOUSE AMENDMENT CONSIDERED

Senate File 2316

Senator Lamberti called up for consideration Senate File 2316, a
bill for an act relating to the sale of certain farmland by Iowa state
university of science and technology, providing for the appropriation
and use of proceeds from the sale, and providing an effective date,
amended by the House, and moved that the Senate concur in House
amendment S-5516, filed April 12, 2002.

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


Senator Lamberti 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. 2316), the vote was:

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

 


Nays, none.

Absent or not voting, 5:
Fraise Greiner McCoy McKibben
Soukup

 


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

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 166.

Senate Resolution 166

On motion of Senator Iverson, Senate Resolution 166, a Senate
resolution relating to daily operations of the Senate, was taken up for
consideration.

Senator Iverson moved the adoption of Senate Resolution 166,
which motion prevailed by a voice vote.

HOUSE MESSAGE RECEIVED

The following message was received from the Chief Clerk of the
House:

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on April 12, 2002, adopted the following resolution in which the
concurrence of the Senate is asked:

House Concurrent Resolution 124, a House concurrent
resolution to provide for adjournment sine die.

Read first time and attached to companion Senate
Concurrent Resolution 119.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 167.

Senate Resolution 167

On motion of Senator Iverson, Senate Resolution 167, a Senate
resolution requesting the Secretary of Agriculture to establish a task
force to study value-added agricultural issues, was taken up for
consideration.

Senator Iverson moved the adoption of Senate Resolution 167,
which motion prevailed by a voice vote.

LEADERSHIP RECOGNITION

Senator Iverson was escorted to the well of the Senate by Senators
Rittmer and Sexton; Senator Gronstal was escorted to the well of the
Senate by Senators Hammond and Harper; and Senator Kramer was
escorted to the well of the Senate by Senators Redwine and Jensen.
They were presented gifts on behalf of the members of the Senate in
recognition of their leadership during the Seventy-ninth General
Assembly.

The honored senators addressed the Senate with brief remarks.

The Senate rose and expressed its appreciation.

President Kramer took the chair at 11:30 p.m.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 119.

Senate Concurrent Resolution 119

On motion of Senator Iverson, Senate Concurrent Resolution 119,
a Senate concurrent resolution to provide for adjournment sine die,
was taken up for consideration.

Senator Iverson asked and received unanimous consent that
House Concurrent Resolution 124 be substituted for Senate
Concurrent Resolution 119.

House Concurrent Resolution 124

On motion of Senator Iverson, House Concurrent Resolution 124,
a House concurrent resolution to provide for adjournment sine die,
was taken up for consideration.

Senator Iverson moved the adoption of House Concurrent
Resolution 124, which motion prevailed by a voice vote.

WITHDRAWN

Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 119 be withdrawn from further
consideration of the Senate.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 2308, 2316, and 2330, House Files 2191 and 2615,
and House Concurrent Resolution 124 be immediately
messaged to the House.


APPENDIX

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 12,
2002, when the vote was taken on House File 2191. Had I been present, I would have
voted "Aye."

NEAL SCHUERER

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 12,
2002, when the vote was taken on Senate File 2308. Had I been present, I would have
voted "Aye."

MAGGIE TINSMAN

MOTIONS TO RECONSIDER FILED

MADAM PRESIDENT: I move to reconsider the vote by which House File 2559
failed to pass the Senate on April 12, 2002.

MARY E. KRAMER

MADAM PRESIDENT: I move to reconsider the vote by which House File 2559
failed to pass the Senate on April 12, 2002.

MARK SHEARER

MADAM PRESIDENT: I move to reconsider the vote by which the confirmation of
Lee Clancey failed to be approved by the Senate on April 12, 2002.

MICHAEL E. GRONSTAL

AMENDMENTS FILED

S-5503 H.F. 2515 House
S-5504 H.F. 2615 House
S-5505 H.F. 2622 House
S-5506 S.F. 2331 Jeff Lamberti
S-5507 H.F. 2486 Michael E. Gronstal
S-5508 H.F. 2486 Michael E. Gronstal
S-5509 H.F. 2486 Michael E. Gronstal
S-5510 H.F. 2623 Thomas Fiegen
S-5511 S.F. 2250 Bill Fink
S-5512 H.F. 2549 Mary E. Kramer


S-5513 H.F. 2623 Joe Bolkcom
John P. Kibbie
S-5514 H.F. 2623 Bill Fink
Matt McCoy
S-5515 H.F. 2549 Nancy Boettger
S-5516 S.F. 2316 House
S-5517 H.F. 2623 John P. Kibbie

The Senate stood at ease at 11:32 p.m. until the fall of the gavel.

The Senate resumed session, President Kramer presiding.

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 2190, the following correction was made:

1. Page 1, line 31, the words "Recovery of employee overpayment" were capitalized.

ALSO: That in enrolling Senate File 2275, the following correction was made:

1. Page 4, line 27, the letter "r" in the word "subchapter" was stricken.

ALSO: That in enrolling Senate File 2280, the following correction was made:

1. Page 2, line 34, after the word "Sec." the number "2." was added.

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 12th day
of April, 2002:

Senate Files 348, 503, 2057, 2118, 2168, 2190, 2197, 2258, 2259, 2268, 2275, 2280,
2286, 2293, 2305, 2316, 2317, 2318, 2320, 2321, 2323, 2325, 2326, and 2328.

MICHAEL E. MARSHALL
Secretary of the Senate


FINAL DISPOSITION OF
MOTIONS TO RECONSIDER

Pursuant to Senate Rule 24, the following motions to reconsider,
which remained on the Senate calendar upon adjournment of the
2002 Regular Session of the Seventy-ninth General Assembly, were
determined to have failed:

House File 2559, a bill for an act relating to child protection
confidentiality requirements involving the department of human
services. (Failed to pass Senate on April 12, 2002.) Motions filed by
Senators Kramer and Shearer on April 12, 2002.

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. (Passed the Senate on April 11, 2002.)
Motion filed by Senator Lamberti on April 11, 2002.

Governor's appointment of Lee Clancey as a member of the
State Racing and Gaming Commission. (Refused confirmation by the
Senate on April 12, 2002.) Motion to reconsider filed by Senator
Gronstal on April 12, 2002.

COMMITTEE TO NOTIFY THE GOVERNOR

Senator Iverson moved that a committee be appointed to notify the
Governor that the Senate was ready to adjourn sine die in accordance
with House Concurrent Resolution 124.

The motion prevailed by a voice vote and the Chair appointed as
such committee Senators Gronstal and Iverson.

COMMITTTEE TO NOTIFY THE HOUSE

Senator Iverson moved that a committee be appointed to notify the
House that the Senate was ready to adjourn sine die in accordance
with House Concurrent Resolution 124.


The motion prevailed by a voice vote and the Chair appointed as
such committee Senators Iverson and Gronstal.

COMMITTEE FROM THE HOUSE

A committee from the House appeared and announced that the
House was ready to adjourn sine die.

REPORT OF COMMITTEE TO NOTIFY THE HOUSE

Senator Iverson reported that the committee appointed to notify
the House that the Senate was ready to adjourn sine die had
performed its duty.

The report was received and the committee was discharged.

REPORT OF COMMITTEE TO NOTIFY THE GOVERNOR

Senator Gronstal reported that the committee appointed to notify
the Governor that the Senate was ready to adjourn sine die had
performed its duty.

The report was received and the committee was discharged.

FINAL ADJOURNMENT

By virtue of House Concurrent Resolution 124, duly adopted, the
day of April 12, 2002, having arrived, President Kramer declared the
2002 Regular Session of the Seventy-ninth General Assembly
adjourned sine die.


MESSAGE FROM THE GOVERNOR

April 18, 2002

The Honorable Mary Kramer
President of the Senate
State Capitol
LOCAL

The Honorable Brent Siegrist
Speaker of the House
State Capitol
LOCAL

Dear President Kramer and Speaker Siegrist:

Two significant highlights from this yearís regular legislative session include
progress made in attracting venture capital to Iowa and a major step forward toward
striking a balance between our livestock industry and our natural resources.

In an effort to attract venture capital for emerging, expanding, and restructuring
enterprises, I worked with lawmakers to establish the Iowa Capital Formation Act.
Designed around the fund of funds venture capital model, this initiative offers
individuals and institutional investors the opportunity to participate in venture capital
initiatives with contingent tax credits as an incentive to investors. We worked in a
bipartisan effort to add a new tax credit to encourage increased private sector
investment in start-up business ventures by reducing risk and increasing profitability
of such investments. Legislation was also passed to provide a tax credit for equity
investment in a venture capital fund and to allow start-up businesses to defer their
taxable income. Combined, these initiatives will provide the opportunity for
entrepreneurs to fulfill their dreams here in Iowa resulting in increased growth and
productivity for our state.

This year also yielded a livestock confinement bill that better balances the need for
clean water, clean air, and quality of life with the need for a healthy livestock industry.
This is a difficult issue that I asked the legislature to address for three years by
providing local officials authority over locating large confinement facilities. While the
legislation passed this year does not accomplish that goal, I believe it will result in a
better quality of life for Iowans, cleaner water, cleaner air, and a livestock industry
that will help support family farmers across the state.

The biggest disappointment of the legislative session was the majority partyís
unwillingness to compromise on a budget that protected Iowa families. The
Republican-controlled legislature refused to fund the priorities of Iowa families -
putting schools, child safety, health care, and public security in jeopardy - even though
Iowa has sufficient resources to protect these priorities.

We have witnessed significant progress in other areas when we set partisanship
aside and work for the interests of all Iowans. I intend to continue to work with
legislators to ensure we protect education, health care, and public safety for all Iowans.

Sincerely,
THOMAS J. VILSACK
Governor

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