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Senate Journal: Tuesday, May 28, 2002

JOURNAL OF THE SENATE

__________

FIRST CALENDAR DAY
FIRST SESSION DAY
SECOND EXTRAORDINARY SESSION

State Capitol, Room 22
Des Moines, Iowa, Tuesday, May 28, 2002

Pursuant to the proclamation of the Governor, the Honorable
Thomas J. Vilsack, convening the Seventy-ninth General Assembly in
Extraordinary Session, the Senate was called to order at 10:07 a.m.
by the Honorable Mary E. Kramer, President of the Senate.

Prayer was offered by the Honorable Ken Veenstra, member of the
Senate from Sioux County, Orange City, Iowa.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by the Honorable Nancy J.
Boettger, member of the Senate from Shelby County, Harlan, Iowa.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Flynn and Harper, for the day, on request of Senator Gronstal.

COMMUNICATION FROM THE GOVERNOR

The following communication from the Governor was presented:

May 23, 2002

The Honorable Mary Kramer
President of the Senate
State Capitol
LOCAL

The Honorable Brent Siegrist
Speaker of the House
State Capitol
LOCAL

I hearby submit the Proclamation setting the Extraordinary Session of the Iowa
Legislature to convene at 10:00 a.m., May 28, 2002.

Sincerely,
THOMAS J. VILSACK
Governor

STATE OF IOWA
Executive Department

In The Name And By The Authority Of The State Of Iowa

P R O C L A M A T I O N

Whereas, the 2002 Regular Session of the Seventy-ninth General Assembly
adjourned pursuant to House Concurrent Resolution 124, and

Whereas, the 2002 Extraordinary Session of the Seventy-ninth General Assembly
adjourned pursuant to House Concurrent Resolution 125, and

Whereas, since the General Assembly approved the state budget for fiscal years
2002 and 2003, the state has experienced a dramatic change in revenue projections,
and

Whereas, Iowa along with most states and the federal government experienced a
large reduction in final pay income tax returns and a correspondingly large increase in
taxpayers due refunds, and

Whereas, as a result of the Revenue Estimating Conference action on May 7th,
general fund resources available to the state decreased by $205.5 million in fiscal year
2002 and $220.1 million in fiscal year 2003, and

Whereas, by law, both the governor and the legislature must rely on the Revenue
Estimating Conference's estimate in preparing and approving the state budget, and

Whereas, due to recent action by the Revenue Estimating Conference in lowering
revenue projections, I did not approve most of the budget for fiscal year 2003 as passed
by the General Assembly because it was no longer a balanced budget, and

Whereas, we must maintain a balanced budget that funds the vital state services
that Iowans rely on everyday.

Now, Therefore, I, Thomas J. Vilsack, Governor of the State of Iowa, in accordance
with Article IV, Section XI, of the Constitution of the State of Iowa, do hereby proclaim
that the Seventy-ninth General Assembly shall convene in extraordinary session in
Des Moines, Iowa, at 10:00 a.m. on the 28th day of May, 2002, and to that end I do call
up and direct the members of the House of Representatives to convene in the Supreme
Court chamber at the State Capitol and members of the Senate to convene in Room 22
at the State Capitol at 10:00 a.m. on the 28th day of May, 2002, for the purpose which
the assembly is convened, namely the matter of revising a fiscal year 2002 and a fiscal
year 2003 state budget and matters properly related thereto.

IN TESTIMONY WHEREOF, I have hereunto
subscribed my name and caused the Great Seal of
(SEAL) the State of Iowa to be affixed. Done at Des Moines
this 23rd day of May in the year of our Lord two
thousand two.

THOMAS J. VILSACK, Governor

Attest:

CHESTER J. CULVER
Secretary of State

ORGANIZATION OF THE SENATE

Senator Iverson moved that the determination of mileage of
senators and all other organizational or administrative matters not
specifically provided for in Joint Rule 3 be the same for this Second
Extraordinary Session as for the 2002 Regular Session of the
Seventy-ninth General Assembly.

The motion prevailed by a voice vote.

SECRETARY TO NOTIFY THE
GOVERNOR AND THE HOUSE

Senator Iverson moved that the Secretary of the Senate be directed
to send a written message to the Governor and the House of
Representatives informing them that the Senate was organized and
ready to transact business and receive any messages that they may
transmit.

The 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, pursuant to the May 23, 2002, proclamation of the Governor, duly
organized for the 2002 Second Extraordinary Session of the Seventy-ninth General
Assembly and is ready to receive communications from the Senate.

The Senate stood at ease at 10:14 a.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 3:21 p.m., President Kramer
presiding.

RECESS

On motion of Senator Iverson, the Senate recessed at 3:23 p.m.
until the completion of meetings of the committees on Appropriations
and Ethics.

APPENDIX

COMMUNICATIONS RECEIVED

The following communications were received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau since the adjournment of the 2002 First Extraordinary
Session:

May 9, 2002

CITIZENS' AIDE/OMBUDSMAN

Annual report for calendar year 2001, pursuant to Iowa Code chapter 2C.

May 10, 2002

DEPARTMENT OF PUBLIC HEALTH

2001 Iowa Termination of Pregnancy Report, pursuant to Iowa Code section
144.29A.

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: May 28, 2002, 3:43 p.m.

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

Members Absent: Flynn, Ranking Member (excused).

Committee Business: Passed LSBs 7300sv, 7302sv, and 7314sv.

Adjourned: 4:10 p.m.

ETHICS

Convened: May 28, 2002, 3:25 p.m.

Members Present: Drake, Chair; McKean, Vice Chair; Kibbie, Ranking Member;
Connolly, Dearden, and Rittmer.

Members Absent: None.

Committee Business: Review of ethics complaint.

Adjourned: 3:35 p.m.

SUBCOMMITTEE ASSIGNMENTS

LSB 7300sv

APPROPRIATIONS: Jensen, Chair; Lamberti and Soukup

LSB 7302sv

APPROPRIATIONS: Lamberti, Chair; Connolly and Kramer

LSB 7314sv

APPROPRIATIONS: Lamberti, Chair; Connolly and Kramer

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 2332 (LSB 7300sv), a bill for an act relating to and
making transportation and other infrastructure-related appropriations to the state
department of transportation, including allocation and use of moneys from the road use
tax fund and the primary road fund, and providing for the nonreversion of certain
moneys and providing effective dates.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Lamberti, Kramer, Angelo, Gaskill, Jensen, King, Lundby,
McKibben, McKinley, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman.
Nays, 8: Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Hammond, Horn, and

Soukup. Absent or not voting, 2: Flynn and Black.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2333 (LSB 7302sv), a bill for an act addressing public
funding provisions and properly related matters by making, reducing, and transferring
appropriations, adjusting other expenditures for the fiscal year beginning July 1, 2001,
and including other appropriations, cooperative tax credits, and effective and
retroactive applicability date provisions.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 24: Lamberti, Kramer, Angelo, Black, Bolkcom, Connolly, Deluhery,
Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben,
McKinley, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
Nays, none. Absent or not voting, 1: Flynn.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2334 (LSB 7314sv), a bill for an act making,
reducing, and transferring appropriations, and providing for other properly related
matters, providing penalties, and including effective and applicability date provisions.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Lamberti, Kramer, Angelo, Gaskill, Jensen, King, Lundby,
McKibben, McKinley, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 10:
Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Hammond, Horn, Redfern, and
Soukup. Absent or not voting, 1: Flynn.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

AFTERNOON SESSION

The Senate reconvened at 4:30 p.m., President Kramer presiding.

INTRODUCTION OF BILLS

Senate File 2332, by committee on Appropriations, a bill for an act
relating to and making transportation and other infrastructure-
related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund
and the primary road fund, and providing for the nonreversion of
certain moneys and providing effective dates.

Read first time and placed on Appropriations calendar.

Senate File 2333, by committee on Appropriations, a bill for an act
addressing public funding provisions and properly related matters by
making, reducing, and transferring appropriations, adjusting other
expenditures for the fiscal year beginning July 1, 2001, and including
other appropriations, cooperative tax credits, and effective and
retroactive applicability date provisions.

Read first time and placed on Appropriations calendar.

Senate File 2334, by committee on Appropriations, a bill for an act
making, reducing, and transferring appropriations, and providing for
other properly related matters, providing penalties, and including
effective and applicability date provisions.

Read first time and placed on Appropriations calendar.

HOUSE MESSAGE RECEIVED AND CONSIDERED

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 May 28, 2002, passed the following bill in which the concurrence of the
Senate is asked:

House File 2626, a bill for an act relating to and making
transportation and other infrastructure-related appropriations to the
state department of transportation, including allocation and use of
moneys from the road use tax fund and the primary road fund, and
providing for the nonreversion of certain moneys and providing
effective dates.

Read first time and attached to companion Senate File 2332.

The Senate stood at ease at 4:32 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 4:58 p.m., President Kramer
presiding.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2332.

Senate File 2332

On motion of Senator Jensen, Senate File 2332, a bill for an act
relating to and making transportation and other infrastructure-
related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund
and the primary road fund, and providing for the nonreversion of
certain moneys and providing effective dates, was taken up for
consideration.

Senator Jensen asked and received unanimous consent that House
File 2626 be substituted for Senate File 2332.

House File 2626

On motion of Senator Jensen, House File 2626, a bill for an act
relating to and making transportation and other infrastructure-
related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund
and the primary road fund, and providing for the nonreversion of
certain moneys and providing effective dates, was taken up for
consideration.

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

On the question �Shall the bill pass?� (H.F. 2626), the vote was:

Ayes, 30:

Angelo

Behn

Boettger

Drake

Freeman

Gaskill

Greiner

Houser

Iverson

Jensen

King

Kramer

Lamberti

Lord

Lundby

Maddox

McCoy

McKean

McKibben

McKinley

Miller

Redfern

Redwine

Rehberg

Rittmer

Schuerer

Sexton

Tinsman

Veenstra

Zieman

Nays, 18:

Black

Bolkcom

Connolly

Dearden

Deluhery

Dvorsky

Fiegen

Fink

Fraise

Gronstal

Hammond

Hansen

Holveck

Horn

Kibbie

Ragan

Shearer

Soukup

Absent or not voting, 2:

Flynn

Harper

The bill, having received a constitutional majority, was declared to

have passed the Senate and the title was agreed to.

WITHDRAWN

Senator Jensen asked and received unanimous consent that
Senate File 2332 be withdrawn from further consideration of the
Senate.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that House
File 2626 be immediately messaged to the House.

RECESS

On motion of Senator Iverson, the Senate recessed at 5:05 p.m.
until the completion of a meeting of the committee on Rules and
Administration.

APPENDIX

REPORT OF COMMITTEE MEETING

RULES AND ADMINISTRATION

Convened: May 28, 2002, 5:06 p.m.

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

Members Absent: Harper and McKean (both excused).

Committee Business: Passed resolutions regarding Mr. Thompson, no new taxes in FY
2004, and sine die.

Adjourned: 5:08 p.m.

COMMITTEE REPORTS

RULES AND ADMINISTRATION

Final Bill Action: SENATE CONCURRENT RESOLUTION 121, a concurrent
resolution to provide for adjournment sine die.

Recommendation: APPROVED COMMITTEE BILL.

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

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 168, a Senate resolution honoring
Mr. Harold �Tommy� Thompson upon his retirement as the Executive Director of the
Iowa Communications Network.

Recommendation: APPROVED COMMITTEE BILL.

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

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 169, a Senate resolution pledging that the
Senate will not raise taxes in order to balance the state budget for fiscal year 2004.

Recommendation: APPROVED COMMITTEE BILL.

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

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

RECONVENED

The Senate reconvened session at 5:10 p.m., President Kramer
presiding.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2333.

Senate File 2333

On motion of Senator Lamberti, Senate File 2333, a bill for an act
addressing public funding provisions and properly related matters by
making, reducing, and transferring appropriations, adjusting other
expenditures for the fiscal year beginning July 1, 2001, and including
other appropriations, cooperative tax credits, and effective and
retroactive applicability date provisions, was taken up for
consideration.

Senator Lamberti offered amendment S-5518, filed by him from
the floor to pages 2, 3, 12, 14, 15, and 19 of the bill, and moved its
adoption.

Amendment S-5518 was adopted by a voice vote.

Senator Lamberti asked and received unanimous consent that
action on Senate File 2333 be deferred.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 168, by committee on Rules and Administration,
a Senate resolution honoring Mr. Harold �Tommy� Thompson upon
his retirement as the Executive Director of the Iowa Communications
Network.

Read first time and placed on calendar.

Senate Resolution 169, by committee on Rules and Administration,
a Senate resolution pledging that the Senate will not raise taxes in
order to balance the state budget for fiscal year 2004.

Read first time and placed on calendar.

Senate Concurrent Resolution 121, by committee on Rules and
Administration, a Senate concurrent resolution to provide for
adjournment sine die.

Read first time and placed on calendar.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 168.

Senate Resolution 168

On motion of Senator Iverson, Senate Resolution 168, a Senate
resolution honoring Mr. Harold �Tommy� Thompson upon his
retirement as the Executive Director of the Iowa Communications
Network, was taken up for consideration.

Senator Iverson moved the adoption of Senate Resolution 168,
which motion prevailed by a voice vote.

The Senate stood at ease at 5:25 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.

The Senate resumed session at 6:28 p.m., President Kramer
presiding.

HOUSE MESSAGE RECEIVED AND CONSIDERED

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 May 28, 2002, passed the following bill in which the concurrence of the
Senate is asked:

House File 2625, a bill for an act addressing public funding
provisions and properly related matters by making, reducing, and
transferring appropriations, adjusting other expenditures for the
fiscal year beginning July 1, 2001, and including other
appropriations, cooperative tax credits, and effective and retroactive
applicability date provisions.

Read first time and attached to companion Senate File 2333.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 169.

Senate Resolution 169

On motion of Senator Iverson, Senate Resolution 169, a Senate
resolution pledging that the Senate will not raise taxes in order to
balance the state budget for fiscal year 2004, was taken up for
consideration.

Senator Gronstal asked and received unanimous consent that
action on Senate Resolution 169 be deferred.

BUSINESS PENDING

Senate File 2333

The Senate resumed consideration of Senate File 2333, a bill for an
act addressing public funding provisions and properly related matters
by making, reducing, and transferring appropriations, adjusting
other expenditures for the fiscal year beginning July 1, 2001, and
including other appropriations, cooperative tax credits, and effective
and retroactive applicability date provisions, previously deferred.

Senator Lamberti asked and received unanimous consent that
House File 2625 be substituted for Senate File 2333.

House File 2625

On motion of Senator Lamberti, House File 2625, a bill for an act
addressing public funding provisions and properly related matters by
making, reducing, and transferring appropriations, adjusting other
expenditures for the fiscal year beginning July 1, 2001, and including
other appropriations, cooperative tax credits, and effective and
retroactive applicability date provisions, was taken up for
consideration.

Senator Lamberti offered amendment S-5520, filed by him from
the floor to pages 9, 13, 15-18, 26, and 27 of the bill, and moved its
adoption.

Amendment S-5520 was adopted by a voice vote.

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. 2625), the vote was:

Ayes, 28:

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

Nays, 20:

Black

Bolkcom

Connolly

Dearden

Deluhery

Dvorsky

Fiegen

Fink

Fraise

Gronstal

Hammond

Hansen

Holveck

Horn

Kibbie

McCoy

Miller

Ragan

Shearer

Soukup

Absent or not voting, 2:

Flynn

Harper

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 2333 be withdrawn from further consideration of the
Senate.

The Senate stood at ease at 7:04 p.m. until the fall of the gavel.

The Senate resumed session at 7:29 p.m., President Kramer
presiding.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that House
File 2625 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 2334.

Senate File 2334

On motion of Senator Lamberti, Senate File 2334, a bill for an act
relating to a bill for an act making, reducing, and transferring
appropriations, and providing for other properly related matters,
providing penalties, and including effective and applicability date
provisions, was taken up for consideration.

(Action on Senate File 2334 was deferred.)

HOUSE MESSAGE RECEIVED AND CONSIDERED

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 May 28, 2002, passed the following bill in which the concurrence of the
Senate is asked:

House File 2627, a bill for an act making, reducing, and
transferring appropriations, and providing for other properly related

matters, providing penalties, and including effective and applicability
date provisions.

Read first time and attached to companion Senate File 2334.

BUSINESS PENDING

Senate File 2334

The Senate resumed consideration of Senate File 2334, a bill for an
act making, reducing, and transferring appropriations, and providing
for other properly related matters, providing penalties, and including
effective and applicability date provisions, previously deferred.

Senator Lamberti asked and received unanimous consent that
House File 2627 be substituted for Senate File 2334.

House File 2627

On motion of Senator Lamberti, House File 2627, a bill for an act
making, reducing, and transferring appropriations, and providing for
other properly related matters, providing penalties, and including
effective and applicability date provisions, was taken up for
consideration.

Senator McCoy offered amendment S-5519, filed by Senator
McCoy, et al., from the floor to pages 37-39, 45, 49, 50, 61, 65, 78, 87,
108, 120, 121, 141, 142, 150-152, 156-159, 161, and 181 of the bill,
and moved its adoption.

A record roll call was requested.

On the question �Shall amendment S-5519 be adopted?� (H.F. 2627),
the vote was:

Ayes, 20:

Black	Bolkcom	Connolly	Dearden
Deluhery	Dvorsky	Fiegen	Fink
Fraise	Gronstal	Hammond	Hansen
Holveck	Horn	Kibbie	Lundby
McCoy	Ragan	Shearer	Soukup

Nays, 28:

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

Absent or not voting, 2:

Flynn	Harper

Amendment S-5519 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. 2627), the vote was:

Ayes, 26:

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

Nays, 22:

Black	Bolkcom	Connolly	Dearden
Deluhery	Dvorsky	Fiegen	Fink
Fraise	Gronstal	Hammond	Hansen
Holveck	Horn	Kibbie	Maddox
McCoy	Miller	Ragan	Redfern
Shearer	Soukup

Absent or not voting, 2:

Flynn	Harper

Angelo	Behn	Black	Boettger
Deluhery	Drake	Fiegen	Fink
Freeman	Gaskill	Greiner	Gronstal
Holveck	Horn	Houser	Iverson
Jensen	King	Kramer	Lamberti
Lord	Maddox	McKean	McKibben
McKinley	Miller	Ragan	Redfern
Redwine	Rehberg	Rittmer	Schuerer
Sexton	Shearer	Tinsman	Veenstra
Zieman

Nays, 11:

Bolkcom	Connolly	Dearden	Dvorsky
Fraise	Hammond	Hansen	Kibbie
Lundby	McCoy	Soukup

Absent or not voting, 2:

Flynn	Harper

Amendment S-5521 was adopted.

Senator Iverson moved the adoption of Senate Resolution 169.

A record roll call was requested.

On the question �Shall the resolution be adopted?� (S.R. 169), the
vote was:

Ayes, 35:

Angelo	Behn	Black	Boettger
Deluhery	Drake	Fiegen	Fink
Freeman	Gaskill	Greiner	Gronstal
Horn	Houser	Iverson	Jensen
King	Kramer	Lamberti	Lord
Maddox	McKean	McKibben	McKinley
Miller	Ragan	Redfern	Redwine
Rehberg	Schuerer	Sexton	Shearer
Tinsman	Veenstra	Zieman

Nays, 12:

Bolkcom	Connolly	Dearden	Dvorsky
Fraise	Hammond	Hansen	Holveck
Kibbie	Lundby	McCoy	Soukup

Present, 1:

Rittmer

Absent or not voting, 2:

Flynn	Harper

The motion prevailed and the resolution, as amended, 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 May 28, 2002, concurred in the Senate Amendment and passed the
following bill in which the concurrence of the House was asked:

House File 2625, a bill for an act addressing public funding
provisions and properly related matters by making, reducing, and
transferring appropriations, adjusting other expenditures for the
fiscal year beginning July 1, 2001, and including other
appropriations, cooperative tax credits, and effective and retroactive
applicability date provisions.

ALSO: That the House has on May 28, 2002, adopted the following resolution in
which the concurrence of the Senate is asked:

House Concurrent Resolution 126, a concurrent resolution to
provide for adjournment sine die.

Read first time and attached to companion Senate Concurrent
Resolution 121.

ALSO: That the House is prepared to adjourn the 2002 Second Extraordinary
Session of the Seventy-ninth General Assembly pursuant to House Concurrent
Resolution 126, duly adopted.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

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

Senate Concurrent Resolution 121

On motion of Senator Iverson, Senate Concurrent Resolution 121, a
concurrent resolution to provide for adjournment sine die, was taken
up for consideration.

Senator Iverson asked and received unanimous consent that House
Concurrent Resolution 126 be substituted for Senate Concurrent
Resolution 121.
House Concurrent Resolution 126

On motion of Senator Iverson, House Concurrent Resolution 126, a
concurrent resolution to provide for adjournment sine die, was taken
up for consideration.

Senator Iverson moved the adoption of House Concurrent
Resolution 126, which motion prevailed by a voice vote.

WITHDRAWN

Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 121 be withdrawn from further
consideration of the Senate.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that House
Concurrent Resolution 126 be immediately messaged to the House.

SECRETARY TO NOTIFY THE
GOVERNOR AND THE HOUSE

Senator Iverson moved that the Secretary of the Senate be directed
to send a written message to the Governor and the House of
Representatives informing them that the Senate was prepared to
adjourn sine die pursuant to House Concurrent Resolution 126.

The motion prevailed by a voice vote.

FINAL ADJOURNMENT

By virtue of House Concurrent Resolution 126, duly adopted, the
day of May 28, 2002, having arrived, President Kramer declared the
2002 Second Extraordinary Session of the Seventy-ninth General
Assembly adjourned sine die at 9:26 p.m.

APPENDIX

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
May 28, 2002, when the votes were taken on House File 2626, amendment S-5519 to
House File 2627, and amendment S-5521 to Senate Resolution 169. Had I been
present, I would have voted "Aye" on all. In addition, I was necessarily absent from the
Senate chamber on May 28, 2002, when the votes were taken on Senate Resolution 169
and House Files 2625 and 2627. Had I been present, I would have voted "Nay" on all.

TOM FLYNN

AMENDMENTS FILED

S-5518 S.F. 2333 Jeff Lamberti
S-5519 H.F. 2627 Matt McCoy
John P. Kibbie
Dennis H. Black
Steven D. Hansen
Wally E. Horn
Dick L. Dearden
Eugene S. Fraise
Patrick J. Deluhery
Jack Holveck
Joe Bolkcom
Thomas Fiegen
Mark Shearer
Amanda Ragan
Robert E. Dvorsky
Johnie Hammond
Betty A. Soukup
Bill Fink
Mike Connolly
Michael E. Gronstal
S-5520 H.F. 2625 Jeff Lamberti
S-5521 S.R. 169 Mark Shearer

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