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Senate Journal: Monday, April 14, 2003

JOURNAL OF THE SENATE

__________

NINETY-SECOND CALENDAR DAY
FIFTY-THIRD SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, April 14, 2003

The Senate met in regular session at 1:03 p.m., President Kramer
presiding.

Prayer was offered by the Reverend Douglas B. Haviland, pastor of
Saint John’s by the Campus Church in Ames, Iowa. He was the guest
of Senator Quirmbach.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Page Kristy Palmer.

The Journal of Thursday, April 10, 2003, was approved.

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 April 10, 2003, passed the following bill in which the concurrence of the
Senate is asked:

House File 667, a bill for an act relating to and making
appropriations for health and human services to the department of
elder affairs, the Iowa department of public health, the department of
inspections and appeals, the department of human services, and the
commission of veterans affairs, and providing effective dates.

Read first time and referred to committee on Appropriations.


The Senate stood at ease at 1:32 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 3:00 p.m., President Pro Tempore
Angelo presiding.

SPECIAL GUEST

Senator Iverson welcomed to the Senate chamber the Honorable
Steve King, U.S. Representative and former member of the Senate
from Sac County. Congressman King addressed the Senate with brief
remarks.

The Senate rose and expressed its welcome.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Kramer and Schuerer, until they return, on request of Senator Iverson.

CONFIRMATION OF GOVERNOR’S APPOINTMENTS

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

Mary Gran, Board of Barber Examiners

David Leshtz, Iowa State Civil Rights Commission

John R. Perkins, Consumer Advocate

Robyn Mills, Board of Corrections
Arthur Neu, Board of Corrections
Renee Sneitzer, Board of Corrections

Arthur Schut, Iowa Drug Policy Advisory Council
Diane Thomas, Iowa Drug Policy Advisory Council

Jane Paulsen, Commission of Elder Affairs

Gail Flagel, IowAccess Advisory Council


Arthur Silva, State Judicial Nominating Commission

Mary Russell-Curran, Commission on Judicial Qualifications

Bruce Hughes, Board of Medical Examiners

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

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

Yeas, 48:
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 Kreiman Lamberti Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Wieck Zieman

 


Nays, none.

Absent, 2:

Kramer Schuerer

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

CONFIRMATION OF GOVERNOR’S APPOINTMENTS
(Individual Confirmation Calendar)

Senator Iverson called up the appointment of Gary Maynard, as
Director of the Department of Corrections, placed on the Individual
Confirmation Calendar on April 9, 2003, and found on page 853 of the
Senate Journal.

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


On the question "Shall the appointee be confirmed?" 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 Kreiman Lamberti Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Kramer

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

Senator Iverson called up the appointment of Kevin Concannon, as
Director of the Department of Human Services, placed on the
Individual Confirmation Calendar on April 8, 2003, and found on
page 837 of the Senate Journal.

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

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

Yeas, 50:
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 McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman

 


Nays, none.

Absent, none.

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

Senator Iverson called up the appointment of Cynthia Eisenhauer,
as Director of the Department of Management, placed on the
Individual Confirmation Calendar on April 1, 2003, and found on
page 720 of the Senate Journal.

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

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

Yeas, 49:
Angelo Beall Behn Black
Boettger Bolkcom Brunkhorst Connolly
Courtney Dearden Dotzler Drake
Dvorsky Fraise Gaskill Gronstal
Holveck Horn Hosch Houser
Iverson Johnson Kettering Kibbie
Kramer Kreiman Lamberti Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, 1:
Hatch

 


Absent, none.

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


President Kramer took the chair at 3:25 p.m.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Lamberti, until he returns, on request of Senator Boettger.

CONFIRMATION OF GOVERNOR’S APPOINTMENTS
(Individual Confirmation Calendar)

Senator Iverson called up the appointment of Mary Mincer
Hansen, as Director of Public Health, placed on the Individual
Confirmation Calendar on April 8, 2003, and found on page 837 of the
Senate Journal.

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

On the question "Shall the appointee be confirmed?" 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 Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Lamberti

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


Senator Iverson called up the appointment of John Cacciatore, as
Director of the Office for State-Federal Relations, placed on the
Individual Confirmation Calendar on March 4, 2003, and found on
page 383 of the Senate Journal.

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

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

Yeas, 43:
Angelo Beall Behn Black
Boettger Bolkcom Connolly Courtney
Dearden Dotzler Drake Dvorsky
Fraise Gaskill Gronstal Hatch
Holveck Horn Hosch Houser
Iverson Kettering Kibbie Kreiman
Larson Lundby McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Zieman

 


Nays, 6:
Brunkhorst Johnson Kramer Rehberg Schuerer Wieck

 


Absent, 1:

Lamberti

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

Senator Iverson called up the appointment of Jeffrey Danielson, as
a member of the State Transportation Commission, placed on the
Individual Confirmation Calendar on March 31, 2003, and found on
page 704 of the Senate Journal.

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

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


Yeas, 48:
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 Larson
McCoy McKibben McKinley Miller
Putney Quirmbach Ragan Redfern
Rehberg Schuerer Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Wieck Zieman

 


Nays, 1:
Lundby

 


Absent, 1:

Lamberti

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

Senator Iverson called up the appointment of Michael Gartner, as
Chair of the Vision Iowa Board, placed on the Individual
Confirmation Calendar on April 1, 2003, and found on page 720 of the
Senate Journal.

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

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

Yeas, 43:
Beall Behn Black Boettger
Bolkcom Brunkhorst Connolly Courtney
Dearden Dotzler Drake Dvorsky
Fraise Gaskill Gronstal Hatch
Holveck Horn Hosch Johnson
Kettering Kibbie Kramer Kreiman
Larson Lundby McCoy McKibben
McKinley Putney Quirmbach Ragan
Redfern Schuerer Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Wieck
Nays, 6:

 


Angelo Houser Iverson Miller
Rehberg Zieman

 


Absent, 1:

Lamberti

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

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Files 545 and 170.

House File 545

On motion of Senator Beall, House File 545, a bill for an act
relating to the requirements for newspapers designated for official
publication purposes, with report of committee recommending
passage, was taken up for consideration.

Senator Lundby asked and received unanimous consent that action
on House File 545 be deferred.

House File 170

On motion of Senator Miller, House File 170, a bill for an act
relating to the criminal offense of identity theft by making changes in
the elements of the offense, with report of committee recommending
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. 170), 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 Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Lamberti

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

UNFINISHED BUSINESS

Senate File 440

On motion of Senator McKinley, Senate File 440, a bill for an act
providing for an annual increase in specified state aid to nonpublic
schools under prescribed circumstances, placed on the Unfinished
Business Calendar on April 10, 2003, was taken up for consideration.

Senator Warnstadt asked and received unanimous consent that
action on Senate File 440 be deferred.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 344.


House File 344

On motion of Senator Connolly, House File 344, a bill for an act
allowing a refund of motor fuel taxes paid by a benefited fire district,
with report of committee recommending passage, was taken up for
consideration.

Senator Connolly 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. 344), the vote was:

Yeas, 48:
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 Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Veenstra Warnstadt Wieck Zieman

 


Nays, 1:
Tinsman

 


Absent, 1:

Lamberti

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

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 349.


House File 349

On motion of Senator Boettger, House File 349, a bill for an act
relating to the representation of indigent persons and indigent
defense claims, with report of committee recommending passage, was
taken up for consideration.

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. 349), 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 Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Lamberti

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

BUSINESS PENDING

Senate File 440

The Senate resumed consideration of Senate File 440, a bill for
an act providing for an annual increase in specified state aid to
nonpublic schools under prescribed circumstances, previously
deferred.

Senator Connolly withdrew amendment S-3200, filed by him from
the floor striking everything after the enacting clause and to the title
page of the bill.

Senator Warnstadt offered amendment S-3199, filed by him from
the floor to page 1 and to the title page of the bill, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-3199 be adopted?" (S.F. 440),
the vote was:

Yeas, 21:
Beall Black Bolkcom Brunkhorst
Connolly Courtney Dearden Dotzler
Dvorsky Fraise Gronstal Hatch
Holveck Horn Kibbie Kreiman
McCoy Quirmbach Ragan Stewart
Warnstadt

 


Nays, 28:
Angelo Behn Boettger Drake Gaskill Hosch Houser Iverson Johnson Kettering Kramer Larson Lundby McKibben McKinley Miller Putney Redfern Rehberg Schuerer Seng Seymour Shull Sievers Tinsman Veenstra Wieck Zieman

 


Absent, 1:

Lamberti

Amendment S-3199 lost.

Senator Connolly offered amendment S-3201, filed by him from the
floor to page 1 and to the title page of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-3201 be adopted?" (S.F. 440),
the vote was:
Yeas, 18:

Beall Black Connolly Courtney
Dearden Dotzler Fraise Gronstal
Hatch Holveck Horn Hosch
Kibbie Kreiman McCoy Ragan
Stewart Warnstadt

 


Nays, 31:
Angelo Behn Boettger Bolkcom Brunkhorst Drake Dvorsky Gaskill Houser Iverson Johnson Kettering Kramer Larson Lundby McKibben McKinley Miller Putney Quirmbach Redfern Rehberg Schuerer Seng Seymour Shull Sievers Tinsman Veenstra Wieck Zieman

 


Absent, 1:

Lamberti

Amendment S-3201 lost.

President Pro Tempore Angelo took the chair at 4:25 p.m.

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

On the question "Shall the bill pass?" (S.F. 440), the vote was:

Yeas, 36:
Angelo Behn Boettger Brunkhorst
Courtney Dotzler Drake Fraise
Hatch Horn Hosch Houser
Iverson Johnson Kettering Kibbie
Kramer Kreiman Lamberti Larson
Lundby McKibben McKinley Miller
Putney Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Veenstra Warnstadt Wieck Zieman

 


Nays, 14:
Beall Black Bolkcom Connolly Dearden Dvorsky Gaskill Gronstal Holveck McCoy Quirmbach Ragan Stewart Tinsman

 


Absent, none.

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 File 440 and House Files 170, 344, and 349 be
immediately messaged to the House.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Files 509, 397, 502, and 389.

House File 509

On motion of Senator Houser, House File 509, a bill for an act
relating to deer and elk chronic wasting disease by establishing a
task force and requiring departmental cooperation in the
implementation of a chronic wasting disease administrative strategy,
and providing an effective date, with report of committee
recommending passage, was taken up for consideration.

Senator Houser 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. 509), the vote was:

Yeas, 50:
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 McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman

 


Nays, none.

Absent, none.

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

House File 397

On motion of Senator Larson, House File 397, a bill for an act
relating to community development block grants to the department of
economic development and including effective and retroactive
applicability dates, with report of committee recommending passage,
was taken up for consideration.

Senator Larson 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. 397), the vote was:

Yeas, 50:
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 McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman

 


Nays, none.

Absent, none.

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

House File 502

On motion of Senator Johnson, House File 502, a bill for an act
relating to damage disclosure statements required for transfer of
ownership of motor vehicles and providing a penalty, with report of
committee recommending passage, was taken up for consideration.

Senator Johnson 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. 502), the vote was:

Yeas, 40:
Angelo Beall Behn Black
Boettger Brunkhorst Courtney Dearden
Dotzler Drake Gaskill Gronstal
Hatch Horn Hosch Houser
Iverson Johnson Kettering Kramer
Kreiman Lamberti Larson Lundby
McKibben McKinley Miller Putney
Quirmbach Ragan Redfern Rehberg
Schuerer Seng Shull Sievers
Stewart Tinsman Veenstra Warnstadt

 


Nays, 10:
Bolkcom Connolly Dvorsky Fraise Holveck Kibbie McCoy Seymour Wieck Zieman

 


Absent, none.

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 Lamberti, until he returns, on request of Senator Iverson.


House File 389

On motion of Senator Seymour, House File 389, a bill for an act
providing for miscellaneous technical and substantive changes
relating to controlled and precursor substances, with report of
committee recommending passage, was taken up for consideration.

Senator Seymour 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. 389), 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 Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Lamberti

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 389, 397, 502, and 509 be immediately messaged to
the House.


CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 390.

House File 390

On motion of Senator Putney, House File 390, a bill for an act
relating to economic development programs for targeted small
businesses, with report of committee recommending passage, 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. 390), 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 Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Lamberti

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


CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 547.

House File 547

On motion of Senator Johnson, House File 547, a bill for an act
providing for evidence of financial responsibility filed by commercial
pesticide applicators, with report of committee recommending
amendment and passage, was taken up for consideration.

Senator Behn offered amendment S-3122, filed by the committee
on Agriculture on April 1, 2003, to page 2 and to the title page of the
bill, and moved its adoption.

Amendment S-3122 was adopted by a voice vote.

Senator Johnson 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. 547), the vote was:

Yeas, 50:
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 McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman

 


Nays, none.

Absent, none.


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

IMMEDIATELY MESSAGED

Senator Kramer asked and received unanimous consent that
House Files 390 and 547 be immediately messaged to the House.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Kramer asked and received unanimous consent to take up
for consideration House File 395.

House File 395

On motion of Senator Redfern, House File 395, a bill for an act
relating to the extension of credit without discrimination under the
consumer credit code, with report of committee recommending
passage, was taken up for consideration.

Senator Redfern asked and received unanimous consent that
action on House File 395 be deferred.

UNFINISHED BUSINESS

Senate File 408

On motion of Senator Veenstra, Senate File 408, a bill for an act
relating to health care including reimbursement of health care
facilities based on resident program eligibility, placed on the
Unfinished Business Calendar on April 10, 2003, was taken up for
consideration.

President Kramer took the chair at 5:26 p.m.

Senator Veenstra offered amendment S-3144, filed by him on April
7, 2003, striking everything after the enacting clause and to the title
page of the bill, and moved its adoption.

Amendment S-3144 was adopted by a voice vote.

Senator Veenstra asked and received unanimous consent that
House File 619 be substituted for Senate File 408.

House File 619

On motion of Senator Veenstra, House File 619, a bill for an act
relating to health care including reimbursement of health care
facilities based on resident program eligibility and providing effective
dates and a contingent effective date, was taken up for consideration.

Senator Gronstal asked and received unanimous consent that
action on House File 619 be deferred.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 391.

House File 391

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

Senator Angelo offered amendment S-3139, filed by the committee
on Commerce on April 3, 2003, to page 2 of the bill, and moved its
adoption.

Amendment S-3139 was adopted by a voice vote.

Senator Kettering offered amendment S-3179, filed by Senators
Kettering, Johnson, and Boettger on April 9, 2003, to page 2 of the
bill, and moved its adoption.

Amendment S-3179 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?" (H.F. 391), the vote was:

Yeas, 50:
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 McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman

 


Nays, none.

Absent, none.

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

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 534.

House File 534

On motion of Senator Brunkhorst, House File 534, a bill for an
act providing for the reorganization of certain state departments by
establishing a department of administrative services, making related
changes, providing penalties, making appropriations, and providing
an effective date, with report of committee recommending
amendment and passage, was taken up for consideration.


Senator Brunkhorst offered amendment S-3097, filed by the
committee on Government Oversight on March 26, 2003, to pages 2,
3, 8-11, 13, 30, 63, 107, 114, 118, 130, 179, and 181 of the bill.

Senator Brunkhorst offered amendment S-3185, filed by Senators
Brunkhorst and Dvorsky on April 10, 2003, to pages 1, 3, and 4 of
amendment S-3097, and moved its adoption.

Amendment S-3185 was adopted by a voice vote.

With the adoption of amendment S-3185 to amendment S-3097,
the Chair ruled amendment S-3169, filed by Senators Brunkhorst
and Dvorsky on April 8, 2003, to pages 1, 3, and 4 of amendment
S-3097, out of order.

Senator Brunkhorst offered amendment S-3205, filed by Senators
Brunkhorst and Dvorsky from the floor to pages 3 and 4 of
amendment S-3097, and moved its adoption.

Amendment S-3205 was adopted by a voice vote.

Senator Dvorsky asked and received unanimous consent that
action on amendment S-3097, as amended, and House File 534 be
deferred.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 20.

Senate Resolution 20

On motion of Senator Houser, Senate Resolution 20, a resolution
honoring the City of Clarinda on its sesquicentennial year, with
report of committee recommending passage, was taken up for
consideration.

Senator Houser moved the adoption of Senate Resolution 20, 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 22.

Senate Resolution 22

On motion of Senator Rehberg, Senate Resolution 22, a
resolution relating to support of Best Buddies Iowa and urging
continued federal funding of the program, with report of committee
recommending passage, was taken up for consideration.

Senator Rehberg moved the adoption of Senate Resolution 22,
which motion prevailed by a voice vote.

BUSINESS PENDING

House File 395

The Senate resumed consideration of House File 395, a bill for an
act relating to the extension of credit without discrimination under
the consumer credit code, previously deferred.

Senator Bolkcom offered amendment S-3206, filed by Senator
Bolkcom, et al., from the floor to page 1 and to the title page of the
bill.

Senator Redfern raised the point of order that amendment S-3206
was not germane to the bill.

The Chair ruled the point well-taken and amendment S-3206, out
of order.

Senator Redfern 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. 395), the vote was:


Yeas, 50:
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 McCoy McKibben
McKinley Miller Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman

 


Nays, none.

Absent, none.

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 391 and 395 be immediately messaged to the House.

The Senate stood at ease at 6:00 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 6:22 p.m., President Pro Tempore
Angelo presiding.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Houser, until he returns, on request of Senator Iverson.


BUSINESS PENDING

House File 534

The Senate resumed consideration of House File 534, a bill for an
act providing for the reorganization of certain state departments by
establishing a department of administrative services, making related
changes, providing penalties, making appropriations, and providing
an effective date, and amendment S-3097, previously deferred.

Senator Brunkhorst moved the adoption of amendment S-3097, as
amended.

Amendment S-3097 was adopted by a voice vote.

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?" (H.F. 534), 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
Iverson Johnson Kettering Kibbie
Kramer Kreiman Lamberti Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Houser

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


CONSIDERATION OF RESOLUTIONS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolutions 10, 25, and 26.

Senate Resolution 10

On motion of Senator Shull, Senate Resolution 10, a resolution
to recognize February 12, 2003, as City Day in the State of Iowa, with
report of committee recommending passage, was taken up for
consideration.

Senator Shull moved the adoption of Senate Resolution 10, which
motion prevailed by a voice vote.

Senate Resolution 25

On motion of Senator Lundby, Senate Resolution 25, a
resolution honoring the town of Troy Mills on its sesquicentennial
year, with report of committee recommending passage, was taken up
for consideration.

Senator Lundby moved the adoption of Senate Resolution 25,
which motion prevailed by a voice vote.

Senate Resolution 26

On motion of Senator Ragan, Senate Resolution 26, a resolution
honoring the City of Mason City on its sesquicentennial year, with
report of committee recommending passage, was taken up for
consideration.

Senator Ragan moved the adoption of Senate Resolution 26, which
motion prevailed by a voice vote.


BUSINESS PENDING

House File 619

The Senate resumed consideration of House File 619, a bill for an
act relating to health care including reimbursement of health care
facilities based on resident program eligibility and providing effective
dates and a contingent effective date, previously deferred.

Senator Ragan offered amendment S-3207, filed by her from the
floor to page 7 of the bill, and moved its adoption.

Amendment S-3207 lost by a voice vote.

Senator Ragan offered amendment S-3209, filed by Senator Ragan,
et al., from the floor to pages 8 and 9 of the bill, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-3209 be adopted?"
(H.F. 619), the vote was:

Yeas, 23:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman Lundby
McCoy Putney Quirmbach Ragan
Seng Stewart Warnstadt

 


Nays, 27:
Angelo Behn Boettger Brunkhorst Drake Gaskill Hosch Houser Iverson Johnson Kettering Kramer Lamberti Larson McKibben McKinley Miller Redfern Rehberg Schuerer Seymour Shull Sievers Tinsman Veenstra Wieck Zieman

 


Absent, none.

Amendment S-3209 lost.


Senator Holveck offered amendment S-3212, filed by Senator
Holveck, et al., from the floor to page 3 of the bill, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-3212 be adopted?"
(H.F. 619), the vote was:

Yeas, 21:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman McCoy
Quirmbach Ragan Seng Stewart
Warnstadt

 


Nays, 29:
Angelo Behn Boettger Brunkhorst Drake Gaskill Hosch Houser Iverson Johnson Kettering Kramer Lamberti Larson Lundby McKibben McKinley Miller Putney Redfern Rehberg Schuerer Seymour Shull Sievers Tinsman Veenstra Wieck Zieman

 


Absent, none.

Amendment S-3212 lost.

Senator Veenstra 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. 619), the vote was:

Yeas, 29:
Angelo Behn Boettger Brunkhorst
Dearden Drake Gaskill Hosch
Houser Iverson Johnson Kettering
Kramer Lamberti Larson Lundby
McKibben McKinley Miller Redfern
Rehberg Schuerer Seymour Shull
Sievers Tinsman Veenstra Wieck
Zieman

 


Nays, 21:
Beall Black Bolkcom Connolly Courtney Dotzler Dvorsky Fraise Gronstal Hatch Holveck Horn Kibbie Kreiman McCoy Putney Quirmbach Ragan Seng Stewart Warnstadt

 


Absent, none.

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

WITHDRAWN

Senator Veenstra asked and received unanimous consent that
Senate File 408 be withdrawn from further consideration of the
Senate.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 534 and 619 be immediately messaged to the House.

HOUSE MESSAGES RECEIVED AND CONSIDERED

The following messages were received from the Chief Clerk of the
House:

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on April 14, 2003, passed the following bill in which the concurrence of the
House was asked:

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.


ALSO: That the House has on April 14, 2003, amended and passed the following
bills in which the concurrence of the House was asked:

Senate File 172, a bill for an act relating to the establishment of a
public charter school pilot program and providing effective and
applicability dates. (S-3211)

Senate File 397, a bill for an act relating to the issuance of free
hunting licenses for antlerless deer, providing for the disposition of
harvested deer meat to public institutions, and providing a penalty.
(S-3210)

ALSO: That the House has on April 14, 2003, passed the following bill in which
the concurrence of the Senate is asked:

House File 654, a bill for an act relating to the exemption of sand
handling and core and mold making equipment used in the mold
making process from sales and use taxes, providing refunds, and
including effective and retroactive applicability date provisions.

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

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 7:27 p.m.
until 8:30 a.m. Tuesday, April 15, 2003.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Frances Gordon, Sioux City - For celebrating your 93rd birthday on April 2, 2003.
Senator Warnstadt (4/14/03).

Kyle Haganman, Osage - For achieving the rank of Eagle Scout. Senator Ragan
(4/14/03).

Laurie Hunstad, Bettendorf - For achieving the highest award for Senior Girl
Scouts, "The Gold Award." Senator Stewart (4/14/03).

Kathryn Kisner, Davenport - For achieving the highest award for Senior Girl
Scouts, "The Gold Award." Senator Stewart (4/14/03).

Elsie McHugh, Sheffield - For celebrating your 93rd birthday on April 14, 2003.
Senator Ragan (4/14/03).

Florence Nelson, Sioux City - For celebrating your 91st birthday on April 19, 2003.
Senator Warnstadt (4/14/03).

Matthew Nicholson, Osage - For achieving the rank of Eagle Scout. Senator Ragan
(4/14/03).

David Schulte, Sioux City - For celebrating your 98th birthday on April 30, 2003.
Senator Warnstadt (4/14/03).

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 16, by committee on
Agriculture, a concurrent resolution requesting that the United
States Congress immediately enact the Transparency for
Independent Livestock Producers Act, in order to provide
independent producers a guaranteed share in the marketplace by
making improvements to the mandatory price reporting system, as
provided in Senate Bill 325 introduced by the Honorable Senator
Charles E. Grassley of Iowa.

Read first time under Rule 28 and placed on calendar.


INTRODUCTION OF BILLS

Senate File 445, by committee on Ways and Means, a bill for an
act relating to the establishment of a school infrastructure financing
program by providing for the sharing of revenues from local option
sales and services taxes for school infrastructure purposes and
providing for the use of the revenues from the local option tax for
school infrastructure or property tax relief purposes and including an
effective date.

Read first time under Rule 28 and placed on Ways and Means
calendar.

Senate File 446, by committee on Government Oversight, a bill
for an act relating to the regulation of dogs, and providing for
penalties.

Read first time under Rule 28 and placed on calendar.

STUDY BILLS RECEIVED

SSB 1200 Ways and Means

Relating to the rewriting of the state sales and use tax provisions,
providing penalties, and incorporating provisions of the streamlined
sales and use tax agreement and including an effective date.

SSB 1201 Government Oversight

Establishing a planning group for restructuring or consolidating
the departments of human services and public health and providing
an effective date.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 33

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

SSB 1200

WAYS AND MEANS: McKibben, Chair; McKinley and Bolkcom


SSB 1201

GOVERNMENT OVERSIGHT: Lundby, Chair; Brunkhorst and Courtney

COMMITTEE REPORTS

AGRICULTURE

Final Bill Action: SENATE CONCURRENT RESOLUTION 16 (SSB 1197), a
concurrent resolution requesting that the United States Congress immediately enact
the Transparency for Independent Livestock Producers Act, in order to provide
independent producers a guaranteed share in the marketplace by making
improvements to the mandatory price reporting system, as provided in Senate Bill 325
introduced by the Honorable Senator Charles E. Grassley of Iowa.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Behn, Hosch, Fraise, Angelo, Black, Courtney, Gaskill, Houser,
Johnson, Kibbie, Putney, Ragan, Seng, Veenstra, and Zieman. Nays, none. Absent,
none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

GOVERNMENT OVERSIGHT

Final Bill Action: SENATE FILE 446 (SSB 1195), a bill for an act relating to the
regulation of dogs, and providing for penalties.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 5: Lundby, Brunkhorst, Courtney, Dvorsky, and Wieck. Nays,
none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

WAYS AND MEANS

Final Bill Action: SENATE FILE 445 (formerly SF 314), a bill for an act relating to
the establishment of a school infrastructure financing program by providing for the
sharing of revenues from local option sales and services taxes for school infrastructure
purposes and providing for the use of the revenues from the local option tax for school
infrastructure or property tax relief purposes and including an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: McKibben, Shull, Bolkcom, Angelo, Hosch, Lamberti, Larson,
McCoy, McKinley, Rehberg, Seng, Sievers, and Stewart. Nays, 2: Dotzler and
Quirmbach. Absent, 2: Connolly and Miller.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on April 11, 2003,
the Governor approved and transmitted to the Secretary of State the
following resolution and bills:

S.J.R. 1 - Authorizing the temporary use and consumption of wine in the State
Capitol in conjunction with the awards ceremony of the World Food Prize Foundation.

S.F. 134 - Relating to the various duties of the county treasurer and providing an
effective date.

S.F. 224 - Relating to appeals filed in child in need of assistance and termination of
parental rights proceedings.

S.F. 401 - Relating to tobacco retailers and providing penalties and providing
applicability provisions and an effective date.

S.F. 436 - Making a supplemental appropriation to the Environment First Fund
from the cash reserve fund and including an effective date.

ALSO:

A communication was received announcing that on April 14 2003,
the Governor approved and transmitted to the Secretary of State the
following bill:

S.F. 237 - Relating to fees charged to certain private water supply contractors,
establishing a private water supply system account within the Water Quality
Protection fund, and appropriating moneys in the account.

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 10,
2003, when the votes were taken on the Individual Confirmations on the appointments
of William Brand, Mark Haverland, and Ruth Mosher. Had I been present, I would
have voted "Yea" on all. In addition, I was necessarily absent when the votes were
taken on amendments S-3186, S-3188, S-3189, S-3191, and House Files 404, 411, 412,
505, 516, and 567. Had I been present, I would have voted "Yea" on all. Also, I was
necessarily absent when the vote was taken on House File 662. Had I been present, I
would have voted "Nay."

MIKE CONNOLLY


AMENDMENTS FILED

S-3197 S.F. 369 Neal Schuerer
Hubert Houser
John P. Kibbie
S-3198 S.F. 332 Neal Schuerer
Jeff Lamberti
Bryan J. Sievers
Mary A. Lundby
S-3199 S.F. 440 Steve Warnstadt
S-3200 S.F. 440 Mike Connolly
S-3201 S.F. 440 Mike Connolly
S-3202 S.F. 404 Bob Brunkhorst
S-3203 H.F. 386 Jack Holveck
Jerry Behn
S-3204 H.F. 65 Bob Brunkhorst
William Dotzler
Jeff Lamberti
Bryan J. Sievers
Ron Wieck
Wally E. Horn
Thomas G. Courtney
Herman C. Quirmbach
Mark Zieman
S-3205 H.F. 534 Bob Brunkhorst
Robert E. Dvorsky
S-3206 H.F. 395 Joe Bolkcom
Steve Warnstadt
Thomas G. Courtney
Herman C. Quirmbach
S-3207 H.F. 619 Amanda Ragan
S-3208 H.F. 386 Maggie Tinsman
Jerry Behn
S-3209 H.F. 619 Amanda Ragan
Dennis H. Black
John P. Kibbie
Jack Hatch
Thomas G. Courtney
Jack Holveck
Joe Bolkcom


Joe M. Seng
Herman C. Quirmbach
Steve Warnstadt
Keith Kreiman
Daryl Beall
Matt McCoy
William Dotzler
Roger Stewart
Robert E. Dvorsky
Mike Connolly
Dick L. Dearden
Wally E. Horn
Eugene S. Fraise
Michael E. Gronstal
S-3210 S.F. 397 House
S-3211 S.F. 172 House
S-3212 H.F. 619 Jack Holveck
Dick L. Dearden
Joe M. Seng
Robert E. Dvorsky
Wally E. Horn
John P. Kibbie
Eugene S. Fraise
Keith Kreiman
Amanda Ragan
Dennis H. Black
Matt McCoy
Herman C. Quirmbach
Steve Warnstadt
Thomas G. Courtney
Roger Stewart
William Dotzler
Joe Bolkcom
Jack Hatch
S-3213 S.F. 352 Charles W. Larson, Jr.
Steve Warnstadt

Previous Day: Thursday, April 10Next Day: Tuesday, April 15
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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