Senate Journal: Tuesday, March 18, 2003
JOURNAL OF THE SENATE
__________
SIXTY-FIFTH CALENDAR DAY
THIRTY-EIGHTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, March 18, 2003
The Senate met in regular session at 8:30 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Tom McDermott, pastor of the
Sacred Heart Church in Maquoketa, Iowa. He was the guest of
Senator Stewart.
The Journal of Monday, March 17, 2003, was approved.
BILL REFERRED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate File 404 be referred from the Regular Calendar to the
committee on Ways and Means.
The Senate stood at ease at 8:34 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 10:05 a.m., President Kramer
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McCoy, for the day, on request of Senator Gronstal.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 340, 343, and 196.
Senate File 340
On motion of Senator Brunkhorst, Senate File 340, a bill for an
act relating to business entities, based on revisions related to the
Iowa business corporation Act, including addition of a savings clause
and addition of provisions related to director and officer liability,
duty, and indemnification for certain insurance companies and
indemnification for cooperative associations, was taken up for
consideration.
Senator Brunkhorst 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. 340), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
Senate File 343
On motion of Senator Zieman, Senate File 343, a bill for an act
relating to operation permits for public disposal systems and
providing an effective date, was taken up for consideration.
Senator Zieman 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. 343), the vote was:
Yeas, 30:
|
Angelo | Behn | Boettger | Brunkhorst |
|
Drake | Gaskill | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kramer |
|
Kreiman | Lamberti | Larson | Lundby |
|
McKibben | McKinley | Miller | Putney |
|
Redfern | Rehberg | Schuerer | Seymour |
|
Shull | Sievers | Tinsman | Veenstra |
|
Wieck | Zieman |
|
|
Nays, 19:
|
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Quirmbach Ragan
Seng Stewart Warnstadt
|
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
Senate File 196
On motion of Senator Dearden, Senate File 196, a bill for an act
relating to rotation of judges’ names on the ballots in certain counties,
with report of committee recommending passage, was taken up for
consideration.
Senator Dearden 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. 196), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
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 March 17, 2003, passed the following bills in which the concurrence of
the Senate is asked:
House File 349, a bill for an act relating to the representation of
indigent persons and indigent defense claims.
Read first time and referred to committee on Judiciary.
House File 380, a bill for an act providing for the administration
of funds for animal agriculture, including moneys transferred from
and deposited into these funds, and providing an effective date.
Read first time and referred to committee on Agriculture.
House File 386, a bill for an act relating to the department of
elder affairs including provisions relating to the elder Iowans Act.
Read first time and referred to committee on Human Resources.
House File 389, a bill for an act providing for miscellaneous
technical and substantive changes relating to controlled and
precursor substances.
Read first time and referred to committee on Human Resources.
House File 390, a bill for an act relating to economic development
programs for targeted small businesses.
Read first time and referred to committee on Economic Growth.
House File 392, a bill for an act relating to economic growth
strategic planning.
Read first time and referred to committee on Economic Growth.
House File 453, a bill for an act relating to animal biotechnology
by creating an animal biotechnology commercialization fund,
extending the time period during which a life science enterprise may
purchase agricultural land, making appropriations, and providing an
effective date.
Read first time and referred to committee on Appropriations.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Files 196, 340, and 343 be immediately messaged to the
House.
BILLS REFERRED TO COMMITTEES
Senator Iverson asked and received unanimous consent that
Senate File 391 be referred from the Regular Calendar to the
committee on Appropriations and House Concurrent Resolution 6
be referred from the Regular Calendar to the committee on Rules
and Administration.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 296, 353, and 155.
Senate File 296
On motion of Senator Putney, Senate File 296, a bill for an act
authorizing the issuance of special registration plates to owners of
motor trucks, was taken up for consideration.
Senator Putney asked and received unanimous consent that
House File 290 be substituted for Senate File 296.
House File 290
On motion of Senator Putney, House File 290, a bill for an act
authorizing the issuance of special registration plates to owners of
motor trucks, was taken up for consideration.
Senator Putney 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. 290), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Putney asked and received unanimous consent that
Senate File 296 be withdrawn from further consideration of the
Senate.
Senate File 353
On motion of Senator Tinsman, Senate File 353, a bill for an act
requiring establishment of county child protection assistance teams,
was taken up for consideration.
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?” (S.F. 353), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
Senate File 155
On motion of Senator Kreiman, Senate File 155, a bill for an act
relating to statutory corrections which may adjust language to reflect
current practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies and
conflicts, update ongoing provisions, or remove ambiguities, and
including effective and retroactive applicability date provisions, was
taken up for consideration.
Senator Kreiman asked and received unanimous consent to
withdraw amendment S-3016, filed by Senators Kreiman and
Kettering on February 20, 2003, to page 2 of the bill.
Senator Kreiman offered amendment S-3041, filed by Senators
Kreiman and Kettering from the floor to pages 2, 10, 17, 18, and 22 of
the bill, and moved its adoption.
Amendment S-3041 was adopted by a voice vote.
With the adoption of amendment S-3041, the Chair ruled
amendment S-3026, filed by Senator Kreiman on March 5, 2003, to
pages 10, 17, 18, and 22 of the bill, out of order.
Senator Kreiman 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. 155), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Veenstra asked and received unanimous consent that
Senate Files 155, 353, and House File 290 be immediately
messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Veenstra asked and received unanimous consent to take
up for consideration Senate Files 152, 315, and 303.
Senate File 152
On motion of Senator Quirmbach, Senate File 152, a bill for an
act relating to compensation for members of county commissions of
veteran affairs, with report of committee recommending passage, was
taken up for consideration.
Senator Quirmbach 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. 152), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
Senate File 315
On motion of Senator Shull, Senate File 315, a bill for an act
relating to enforcement of motor vehicle law provisions and making
penalties applicable, was taken up for consideration.
Senator Shull asked and received unanimous consent that House
File 343 be substituted for Senate File 315.
House File 343
On motion of Senator Shull, House File 343, a bill for an act
relating to enforcement of motor vehicle law provisions and making
penalties applicable, was taken up for consideration.
Senator Shull 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. 343), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Shull asked and received unanimous consent that Senate
File 315 be withdrawn from further consideration of the Senate.
Senate File 303
On motion of Senator Kreiman, Senate File 303, a bill for an act
relating to the contents of certain child abuse assessment reports,
with report of committee recommending passage, was taken up for
consideration.
Senator Kreiman 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. 303), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Files 152, 303, and House File 343 be immediately
messaged to the House.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 342.
Senate File 342
On motion of Senator Wieck, Senate File 342, a bill for an act
relating to the sale of wine produced by native wineries in this state,
was taken up for consideration.
Senator Wieck 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. 342), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
RECESS
On motion of Senator Iverson, the Senate recessed at 11:32 a.m.
until 1:00 p.m.
AFTERNOON SESSION
The Senate reconvened at 1:02 p.m., President Pro Tempore
Angelo presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 18, 2003, passed the following bills in which the concurrence of
the Senate is asked:
House File 395, a bill for an act relating to the extension of credit
without discrimination under the consumer credit code.
Read first time and referred to committee on Commerce.
House File 396, a bill for an act relating to disaster preparedness
and providing an effective date.
Read first time and referred to committee on Human Resources.
IMMEDIATELY MESSAGED
Senator Johnson asked and received unanimous consent that
Senate File 342 be immediately messaged to the House.
QUORUM CALL
Senator Johnson requested a nonrecord roll call to determine that
a quorum was present.
The vote revealed 42 present, 8 absent, and a quorum present.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Brunkhorst, until he returns, on request of Senator Putney.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 351 and 298.
Senate File 351
On motion of Senator Tinsman, Senate File 351, a bill for an act
relating to child care requirements involving prohibitions against
involvement with child care, record checks and evaluations performed
by the department of human services, eligibility for state assistance,
and child care fraud program sanctions, and making penalties
applicable, was taken up for consideration.
Senator Tinsman offered amendment S-3048, filed by her from the
floor to page 8 of the bill, and moved its adoption.
Amendment S-3048 was adopted by a voice vote.
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?” (S.F. 351), the vote was:
Yeas, 48:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Connolly | Courtney |
|
Dearden | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
Lundby | McKibben | McKinley | Miller |
|
Putney | Quirmbach | Ragan | Redfern |
|
Rehberg | Schuerer | Seng | Seymour |
|
Shull | Sievers | Stewart | Tinsman |
|
Veenstra | Warnstadt | Wieck | Zieman |
|
|
Nays, none.
Absent, 2:
Brunkhorst McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
SPECIAL GUEST
Senator Iverson welcomed to the Senate chamber the Honorable
John W. Jensen, former member of the Senate from Bremer County.
The Senate rose and expressed its welcome.
Senate File 298
On motion of Senator Putney, Senate File 298, a bill for an act
expanding the criminal offense of possessing contraband in
correctional institutions to include possessing contraband in a secure
facility for the detention or custody of juveniles, a detention facility,
or a jail, was taken up for consideration.
Senator Putney 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. 298), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Holveck | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Kreiman | Lamberti |
|
Larson | Lundby | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Files 298 and 351 be immediately messaged to the House.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 390.
Senate File 390
On motion of Senator Shull, Senate File 390, a bill for an act
relating to certain alternative forms of county and city government by
providing for county redistricting and representation, charter
commission administration, application of various statutory
requirements, the manner in which a charter may be proposed and
adopted, amendment of a charter, the organization of the governing
body, and inclusions in a charter, making technical changes relating
to the administration and authority of a city-county consolidated
government and a community commonwealth, allowing formation of
local government organization review committees, and including
effective and applicability date provisions, was taken up for
consideration.
(Action on Senate File 390 was deferred.)
The Senate stood at ease at 1:30 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 2:20 p.m., President Kramer
presiding.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 18, 2003, adopted the following resolution in which the
concurrence of the Senate is asked:
House Joint Resolution 5, a joint resolution to nullify
administrative rules of the department of natural resources
concerning methods of taking wild turkey and deer and providing an
effective date.
Read first time and referred to committee on Natural Resources
and Environment.
ALSO: That the House has on March 18, 2003, passed the following bills in which
the concurrence of the Senate is asked:
House File 404, a bill for an act authorizing a sentencing court to
issue no-contact orders against persons arrested for any public
offense.
Read first time and referred to committee on Judiciary.
House File 411, a bill for an act providing resident license fees for
hunting, fishing, trapping, and related activities to certain persons in
the armed forces of the United States.
Read first time and referred to committee on Natural Resources
and Environment.
House File 456, a bill for an act relating to contract choice-of-law
provisions referring to the uniform computer information
transactions Act, and related matters and providing an effective date.
Read first time and referred to committee on State Government.
House File 472, a bill for an act appropriating federal funds made
available from federal block grants and other federal grants,
allocating portions of federal block grants, and providing procedures
if federal funds are more or less than anticipated or if federal block
grants are more or less than anticipated.
Read first time and referred to committee on Appropriations.
House File 543, a bill for an act relating to the provision of
certain information for insureds regarding external review of health
care coverage decisions.
Read first time and referred to committee on Commerce.
BUSINESS PENDING
Senate File 390
The Senate resumed consideration of Senate File 390, a bill for
an act relating to certain alternative forms of county and city
government by providing for county redistricting and representation,
charter commission administration, application of various statutory
requirements, the manner in which a charter may be proposed and
adopted, amendment of a charter, the organization of the governing
body, and inclusions in a charter, making technical changes relating
to the administration and authority of a city-county consolidated
government and a community commonwealth, allowing formation of
local government organization review committees, and including
effective and applicability date provisions, previously deferred.
Senator Lundby offered amendment S-3043, filed by Senators
Lundby and Sievers from the floor to page 2 of the bill.
Senator Holveck asked and received unanimous consent that
action on amendment S-3043 and Senate File 390 be deferred.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration Senate File 357.
Senate File 357
On motion of Senator Miller, Senate File 357, a bill for an act
relating to election or appointment of trustees of a city hospital or
health care facility, was taken up for consideration.
Senator Quirmbach asked and received unanimous consent that
action on Senate File 357 be deferred.
RECESS
On motion of Senator Iverson, the Senate recessed at 2:33 p.m.
until 5:00 p.m.
APPENDIX — 1
COMMUNICATION RECEIVED
The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:
March 18, 2003
DEPARTMENT OF EDUCATION
Phase III Summary Report, pursuant to Iowa Code, chapter 294A.
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Students from the third and fourth grades at St. Thomas Aquinas
Elementary School in Webster City, accompanied by their teacher
Judy Wagner. Senator Iverson.
Fifty government and history students from Davenport West High
School in Davenport, accompanied by Mr. Pagan and Mr. Barnhill.
Senators Seng, Sievers, and Tinsman.
PETITION
The following petition was presented and placed on file:
From 50 residents of Scott County favoring legislation to ban
adoption in Iowa by gay and lesbian couples. Senator Tinsman.
INTRODUCTION OF BILL
Senate File 422, by committee on Judiciary, a bill for an act
relating to the criminal sentencing and procedure by modifying the
penalties for certain offenses related to controlled substances, by
creating a criminal offense of robbery in the third degree, modifying
dissemination of sex offender registry information and residence
restrictions for a sex offender, repealing certain determinate
sentences, changing the parole and work release eligibility of a person
serving a sentence that requires a maximum accumulation of earned
time credits of fifteen percent of the total term of confinement and by
permitting the reopening of such a sentence, providing a penalty, and
providing an effective date.
Read first time under Rule 28 and placed on calendar.
STUDY BILL RECEIVED
SSB 1175 Appropriations
Relating to creating a loan and credit guarantee program and
fund.
SUBCOMMITTEE ASSIGNMENTS
Senate File 350
APPROPRIATIONS: Sievers, Chair; Behn and Warnstadt
Senate File 360
WAYS AND MEANS: Larson, Chair; Lamberti and McCoy
Senate File 367
APPROPRIATIONS: Lamberti, Chair; Gaskill and Hatch
Senate File 382
APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer
Senate File 404
WAYS AND MEANS: Larson, Chair; Angelo and McCoy
Senate File 419
BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Dearden and Lundby
Senate File 420
STATE GOVERNMENT: Zieman, Chair; Connolly and Sievers
House File 339
TRANSPORTATION: Rehberg, Chair; Drake and Warnstadt
House File 453
APPROPRIATIONS: Lamberti, Chair; Gaskill and Hatch
SSB 1175
APPROPRIATIONS: Lamberti, Chair; Dotzler and Shull
COMMITTEE REPORT
JUDICIARY
Final Bill Action: *SENATE FILE 422 (SSB 1138), a bill for an act relating to the
criminal sentencing and procedure by modifying the penalties for certain offenses
related to controlled substances, by creating a criminal offense of robbery in the third
degree, modifying dissemination of sex offender registry information and residence
restrictions for a sex offender, repealing certain determinate sentences, changing the
parole and work release eligibility of a person serving a sentence that requires a
maximum accumulation of earned time credits of fifteen percent of the total term of
confinement and by permitting the reopening of such a sentence, providing a penalty,
and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Redfern, Kreiman, Boettger, Fraise, Holveck, Horn, Kettering,
Lamberti, McCoy, Miller, Quirmbach, and Tinsman. Nays, 3: Larson, McKibben, and
Putney. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Judiciary Committee on Senate File 422, and they were
attached to the committee report.
EXPLANATION OF VOTES
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 17, 2003, when the votes were taken on Senate Files 3, 73, 97, 119, 203, and
235. Had I been present, I would have voted “Yea” on all.
CHUCK LARSON
ALSO:
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 18, 2003, when the vote was taken on Senate File 351. Had I been present, I
would have voted “Yea.”
BOB BRUNKHORST
EVENING SESSION
The Senate reconvened at 5:06 p.m., President Kramer presiding.
QUORUM CALL
Senator Iverson requested a nonrecord roll call to determine that a
quorum was present.
The vote revealed 45 present, 5 absent, and a quorum present.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Kreiman, for the remainder of the day, on request of Senator Gronstal; and
Senator Boettger, until she returns, on request of Senator Iverson.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 401.
Senate File 401
On motion of Senator Sievers, Senate File 401, a bill for an act
relating to tobacco retailers and providing penalties and providing
applicability provisions and an effective date, was taken up for
consideration.
Senator Sievers offered amendment S-3057, filed by him from the
floor to pages 1-3 of the bill, and moved its adoption.
Amendment S-3057 was adopted by a voice vote.
Senator Sievers 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. 401), the vote was:
Yeas, 41:
|
Angelo | Beall | Behn | Black |
|
Brunkhorst | Connolly | Courtney | Dearden |
|
Drake | Fraise | Gaskill | Gronstal |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Lamberti | Larson | Lundby |
|
McKibben | McKinley | Miller | Putney |
|
Ragan | Redfern | Rehberg | Schuerer |
|
Seng | Seymour | Shull | Sievers |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, 6:
|
Bolkcom Dotzler Dvorsky Hatch
Quirmbach Stewart
|
Absent, 3:
Boettger Kreiman McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
BUSINESS PENDING
Senate File 390
The Senate resumed consideration of Senate File 390, a bill for
an act relating to certain alternative forms of county and city
government by providing for county redistricting and representation,
charter commission administration, application of various statutory
requirements, the manner in which a charter may be proposed and
adopted, amendment of a charter, the organization of the governing
body, and inclusions in a charter, making technical changes relating
to the administration and authority of a city-county consolidated
government and a community commonwealth, allowing formation of
local government organization review committees, and including
effective and applicability date provisions, previously deferred
(amendment S-3043 pending).
Senator Dearden offered amendment S-3059, filed by Senator
Dearden, et al., from the floor striking everything after the enacting
clause and to the title page of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3059 be adopted?” (S.F. 390),
the vote was:
Yeas, 20:
|
Beall | Black | Bolkcom | Connolly |
|
Courtney | Dearden | Dotzler | Dvorsky |
|
Fraise | Gronstal | Hatch | Holveck |
|
Horn | Kibbie | Miller | Quirmbach |
|
Ragan | Seng | Stewart | Warnstadt |
|
|
Nays, 28:
|
Angelo Behn Boettger Brunkhorst
Drake Gaskill Hosch Houser
Iverson Johnson Kettering Kramer
Lamberti Larson Lundby McKibben
McKinley Putney Redfern Rehberg
Schuerer Seymour Shull Sievers
Tinsman Veenstra Wieck Zieman
|
Absent, 2:
Kreiman McCoy
Amendment S-3059 lost.
The Senate resumed consideration of amendment S-3043,
previously deferred.
Senator Lundby moved the adoption of amendment S-3043, which
motion prevailed by a voice vote.
Senator Dearden offered amendment S-3052, filed by Senators
Dearden and Hatch from the floor to pages 3, 10, 15-17, and 20 of the
bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3052 be adopted?” (S.F. 390),
the vote was:
Yeas, 20:
|
Beall | Black | Bolkcom | Connolly |
|
Courtney | Dearden | Dotzler | Dvorsky |
|
Fraise | Gronstal | Hatch | Holveck |
|
Horn | Kibbie | Miller | Quirmbach |
|
Ragan | Seng | Stewart | Warnstadt |
|
|
Nays, 28:
|
Angelo Behn Boettger Brunkhorst
Drake Gaskill Hosch Houser
Iverson Johnson Kettering Kramer
Lamberti Larson Lundby McKibben
McKinley Putney Redfern Rehberg
Schuerer Seymour Shull Sievers
Tinsman Veenstra Wieck Zieman
|
Absent, 2:
Kreiman McCoy
Amendment S-3052 lost.
Senator Dearden offered amendment S-3049, filed by him from the
floor to pages 3-5 of the bill, and moved its adoption.
Amendment S-3049 lost by a voice vote.
Senator Lundby offered amendment S-3056, filed by Senators
Lundby and Sievers from the floor to pages 4 and 5 of the bill, and
moved its adoption.
Amendment S-3056 was adopted by a voice vote.
Senator Shull withdrew amendment S-3035, filed by him on
March 17, 2003, to pages 5, 10, 18, and 19 of the bill.
Senator Sievers offered amendment S-3045, filed by Senators
Sievers and Lundby from the floor to pages 5, 10, 18, and 19 of the
bill.
Senator Sievers called for the following division of amendment
S-3045:
Division S-3045A: Lines 2-5; and
Division S-3045B: Lines 6-38.
Senator Sievers asked and received unanimous consent to
withdraw division S-3045A.
Senator Sievers moved the adoption of division S-3045B, which
motion prevailed by a voice vote.
Senator Lundby offered amendment S-3044, filed by Senators
Lundby and Sievers from the floor to pages 6 and 16 of the bill.
Senator Lundby asked and received unanimous consent to
withdraw amendment S-3044.
Senator Dearden offered amendment S-3050, filed by him from the
floor to page 7 of the bill, and moved its adoption.
Amendment S-3050 lost by a voice vote.
Senator Dearden offered amendment S-3051, filed by him from the
floor to pages 13 and 18 of the bill, and moved its adoption.
Amendment S-3051 lost by a voice vote.
Senator Shull 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. 390), the vote was:
Yeas, 26:
|
Angelo | Behn | Boettger | Brunkhorst |
|
Drake | Gaskill | Hosch | Iverson |
|
Johnson | Kettering | Kramer | Lamberti |
|
Larson | McKibben | McKinley | Miller |
|
Putney | Redfern | Schuerer | Seymour |
|
Shull | Sievers | Tinsman | Veenstra |
|
Wieck | Zieman |
|
|
Nays, 22:
|
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Houser Kibbie Lundby
Quirmbach Ragan Rehberg Seng
Stewart Warnstadt
|
Absent, 2:
Kreiman McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Files 390 and 401 be immediately messaged to the House.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 18, 2003, passed the following bills in which the concurrence of
the Senate is asked:
House File 391, a bill for an act establishing a pilot program for
the development of cogeneration facilities, providing for the
development of ratemaking principles and rates for pilot program
facilities, and providing for a future repeal.
Read first time and referred to committee on Commerce.
House File 446, a bill for an act relating to dealership
agreements, and providing for the Act’s applicability.
Read first time and passed on file.
House File 506, a bill for an act renaming the department of
economic development and the Iowa economic development board.
Read first time and referred to committee on Economic Growth.
House File 529, a bill for an act directing the mental health and
developmental disabilities commission to make recommendations for
redesigning the mental health and developmental disabilities services
system for adults and children and providing an effective date.
Read first time and referred to committee on Human Resources.
House File 548, a bill for an act relating to tribal law enforcement
officer training at the Iowa law enforcement academy.
Read first time and attached to similar Senate File 362.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 7:17 p.m.
until 8:30 a.m. Wednesday, March 19, 2003.
APPENDIX —2
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Emmetsburg High School Wrestling Team — For achieving your fourth consecutive
State 2A Wrestling Championship. Senator Kibbie (3/18/03).
Cathy Lacina — For being named Iowa Rural Water Association Office Manager of
the Year. Senator Angelo (3/18/03).
Michael Lawler, Eldora — For achieving the rank of Eagle Scout. Senator
McKibben (3/18/03).
Kay Lucas, Bedford — For being named 2003 Iowa Mother of the Year. Senator
Angelo (1/18/03).
Dan McIntosh, Creston — For being named Iowa Rural Water Association Operator
of the Year. Senator Angelo (3/18/03).
Steven Nesteby, Dubuque — For achieving the rank of Eagle Scout. Senator
Connolly (3/18/03).
Abby Reinert, Union — For being named a McDonald’s All-American. Senator
McKibben (3/18/03).
Chase Rogers, Marshalltown — For being the State Champion Class 3A 275 Pound
Wrestler. Senator McKibben (3/18/03).
Eric Small, Dubuque — For achieving the rank of Eagle Scout. Senator Connolly
(3/18/03).
Jeff Stickrod, Eldora — For achieving the rank of Eagle Scout. Senator McKibben
(3/18/03).
Coach Duane Twait — For 29 years of championship football in the Emmetsburg
Community School District. Senator Kibbie (3/18/03).
Adam Viet, AGWSR Community School — For becoming the 25th Iowa prep to
reach 2,000 points. Senator McKibben (3/18/03).
REPORTS OF COMMITTEE MEETINGS
GOVERNMENT OVERSIGHT
Convened: March 18, 2003, 3:10 p.m.
Members Present: Lundby, Chair; Brunkhorst, Vice Chair; Courtney, Ranking
Member; Dvorsky and Wieck.
Members Absent: None.
Committee Business: Discussion regarding the status of committee bills and other
issues being referred to the committee.
Adjourned: 3:30 p.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS
Convened: March 18, 2003, 3:15 p.m.
Members Present: McKibben, Chair; Lamberti, Vice Chair; Warnstadt, Ranking
Member; Beall and Kettering.
Members Absent: None.
Committee Business: Discussion regarding the committee bill.
Adjourned: 3:40 p.m.
INTRODUCTION OF BILL
Senate File 423, by Holveck, a bill for an act relating to third-
party payor coverage for prescription drugs, including off-label use of
prescription drugs.
Read first time under Rule 28 and referred to committee on
Commerce.
REPORT OF THE SECRETARY OF THE SENATE
MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing
Senate File 401 and amendment S-3057, the following correction was made:
1. Page 1, line 9, the comma after “5A” was removed.
MICHAEL E. MARSHALL
Secretary of the Senate
AMENDMENTS FILED
S-3038 S.F. 270 Nancy Boettger
S-3039 S.F. 275 Neal Schuerer
S-3040 S.F. 316 Jeff Angelo
S-3041 S.F. 155 Keith Kreiman
Steve Kettering
S-3042 S.F. 297 Dennis H. Black
S-3043 S.F. 390 Mary A. Lundby
Bryan J. Sievers
S-3044 S.F. 390 Mary A. Lundby
Bryan J. Sievers
S-3045 S.F. 390 Bryan J. Sievers
Mary A. Lundby
S-3046 S.F. 37 David Miller
Bob Brunkhorst
S-3047 S.F. 297 Kitty Rehberg
S-3048 S.F. 351 Maggie Tinsman
S-3049 S.F. 390 Dick L. Dearden
S-3050 S.F. 390 Dick L. Dearden
S-3051 S.F. 390 Dick L. Dearden
S-3052 S.F. 390 Dick L. Dearden
Jack Hatch
S-3053 S.F. 275 Neal Schuerer
Jerry Behn
S-3054 S.F. 352 Keith A. Kreiman
S-3055 S.F. 334 Keith A. Kreiman
S-3056 S.F. 390 Mary A. Lundby
Bryan J. Sievers
S-3057 S.F. 401 Bryan J. Sievers
S-3058 S.F. 396 Hubert M. Houser
S-3059 S.F. 390 Dick L. Dearden
Jack Hatch
Jack Holveck
Wally E. Horn
S-3060 S.F. 400 Charles W. Larson, Jr.
S-3061 S.F. 373 Dennis H. Black
S-3062 S.F. 357 Herman C. Quirmbach
S-3063 H.F. 319 Steven H. Warnstadt
PROOF OF PUBLICATION
(House File 615)
Published copy of House File 615 and verified proof of publication of said bill in the
Polk County Press Citizen, a weekly newspaper of general circulation, printed and
published in Polk County, Iowa, on February 14, 2003, was filed with the Secretary of
the Senate on March 18, 2003, in accordance with Iowa Code section 585.1.
© 2003 Cornell College and
League of Women Voters of Iowa
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