Senate Journal: Tuesday, April 15, 2003
JOURNAL OF THE SENATE
__________
NINETY-THIRD CALENDAR DAY
FIFTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 15, 2003
The Senate met in regular session at 8:35 a.m., President Kramer
presiding.
Prayer was offered by Bishop Alan Scarfe, pastor of the Episcopal
Church of Iowa in Des Moines, Iowa. He was the guest of Senator
Tinsman.
The Journal of Monday, April 14, 2003, was approved.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Hatch and McCoy, until they arrive, on request of Senator Gronstal.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 480.
House File 480
On motion of Senator Boettger, House File 480, a bill for an act
relating to the shelter assistance fund, 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. 480), the vote was:
Yeas, 48:
|
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 | McKibben | McKinley | Miller |
|
Putney | Quirmbach | Ragan | Redfern |
|
Rehberg | Schuerer | Seng | Seymour |
|
Shull | Sievers | Stewart | Tinsman |
|
Veenstra | Warnstadt | Wieck | Zieman |
|
|
Nays, none.
Absent, 2:
Hatch McCoy
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House Files 446 and 380.
House File 446
On motion of Senator Behn, House File 446, a bill for an act
relating to dealership agreements, and providing for the Act’s
applicability, with report of committee recommending passage, was
taken up for consideration.
Senator Behn 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. 446), 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 File 380
On motion of Senator Johnson, 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, 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. 380), 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
House Files 380, 446, and 480 be immediately messaged to the
House.
CONFIRMATION OF GOVERNOR’S APPOINTMENT
(Individual Confirmation Calendar)
Senator Iverson called up the appointment of Charlotte Nelson, as
Administrator of the Division on the Status of Women, 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, 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 appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
The Senate stood at ease at 9:01 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 10:43 a.m., President Kramer
presiding.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House Files 392, 557, 584, and 634.
House File 392
On motion of Senator Larson, House File 392, a bill for an act
relating to economic growth strategic planning, with report of
committee recommending passage, was taken up for consideration.
Senator Kreiman offered amendment S-3214, filed by him from
the floor to page 1 of the bill, and moved its adoption.
Amendment S-3214 lost by a voice vote.
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. 392), the vote was:
Yeas, 43:
|
Angelo | Beall | Behn | Black |
|
Boettger | Brunkhorst | Dearden | Dotzler |
|
Drake | Fraise | Gaskill | Gronstal |
|
Hatch | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
Lundby | McCoy | McKibben | McKinley |
|
Miller | Putney | Ragan | Redfern |
|
Rehberg | Schuerer | Seng | Seymour |
|
Shull | Sievers | Stewart | Tinsman |
|
Veenstra | Wieck | Zieman |
|
|
Nays, 7:
|
Bolkcom Connolly Courtney Dvorsky
Holveck Quirmbach Warnstadt
|
Absent, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 557
On motion of Senator Tinsman, House File 557, a bill for an act
relating to liability of certain health care facilities and health care
providers participating in the volunteer health care provider
program, with report of committee recommending passage, 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?” (H.F. 557), 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 584
On motion of Senator Miller, House File 584, a bill for an act
providing for exceptions to municipal tort liability for certain
activities, with report of committee recommending amendment and
passage, was taken up for consideration.
Senator Miller offered amendment S-3127, filed by the committee
on Judiciary on April 2, 2003, to page 1 of the bill, and moved its
adoption.
Amendment S-3127 was adopted by a voice vote.
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. 584), 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 | McCoy | McKibben |
|
McKinley | Miller | Putney | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, 1:
Absent, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 634
On motion of Senator Zieman, House File 634, a bill for an act
relating to the conversion of cooperative associations originally
organized as business corporations, with report of committee
recommending passage, 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?” (H.F. 634), 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 Gaskill asked and received unanimous consent that
House Files 392, 557, 584, and 634 be immediately messaged to
the House.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Gaskill asked and received unanimous consent to take up
for consideration House File 648.
House File 648
On motion of Senator Johnson, House File 648, a bill for an act
relating to the consolidation of the management of state archives and
records and making conforming changes, 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. 648), 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 Gaskill asked and received unanimous consent to take up
for consideration House File 529.
House File 529
On motion of Senator Tinsman, 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, with report of committee
recommending amendment and passage, was taken up for
consideration.
Senator Tinsman offered amendment S-3166, filed by the
committee on Human Resources on April 8, 2003, to pages 1, 2, 4, and
to the title page of the bill, and moved its adoption.
Amendment S-3166 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?” (H.F. 529), 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.
President Pro Tempore Angelo took the chair at 11:30 a.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Kramer, until she returns, on request of Senator Gaskill.
UNFINISHED BUSINESS
Senate File 352
On motion of Senator Larson, Senate File 352, a bill for an act
relating to the training of an individual who intends to become
certified as a law enforcement officer, placed on the Unfinished
Business Calendar on April 10, 2003, was taken up for consideration.
Senator Larson offered amendment S-3213, filed by Senators
Larson and Warnstadt on April 14, 2003, striking everything after
the enacting clause of the bill, and moved its adoption.
Amendment S-3213 was adopted by a voice vote.
With the adoption of amendment S-3213, the Chair ruled
amendment S-3054, filed by Senator Kreiman on March 18, 2003, to
page 1 of the bill, out of order.
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?” (S.F. 352), 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 bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Gaskill asked and received unanimous consent that
Senate File 352 and House Files 529 and 648 be immediately
messaged to the House.
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Gaskill asked and received unanimous consent to take up
for consideration House Files 551, 604, and 616.
House File 551
On motion of Senator Tinsman, House File 551, a bill for an act
providing for a fee for transporting an inmate for medical or dental
care, with report of committee recommending passage, 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?” (H.F. 551), the vote was:
Yeas, 48:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | 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, 1:
Absent, 1:
Kramer
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 604
On motion of Senator Johnson, House File 604, a bill for an act
requiring state government annual reports made to the general
assembly to include certain financial information, 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. 604), 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 bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
House File 616
On motion of Senator Stewart, House File 616, a bill for an act
prohibiting a cancellation penalty upon cancellation of a purchase
agreement for cemetery merchandise, funeral merchandise, and
funeral services, with report of committee recommending passage,
was taken up for consideration.
Senator Stewart 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. 616), 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 bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Sievers asked and received unanimous consent that
House Files 551, 604, and 616 be immediately messaged to the
House.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Sievers asked and received unanimous consent to take up
for consideration House File 583.
House File 583
On motion of Senator Drake, House File 583, a bill for an act
relating to governmental ethics disclosure reports, including reports
related to receptions for members of the general assembly during
session detailing food, beverage, and entertainment received by
public officials and public employees, and reports filed by clients of
lobbyists before the general assembly and the executive branch
pertaining to moneys paid for lobbying purposes, with report of
committee recommending passage, was taken up for consideration.
Senator Holveck asked and received unanimous consent that
action on House File 583 be deferred.
RECESS
On motion of Senator Boettger, the Senate recessed at 11:58 a.m.
until 1:30 p.m.
AFTERNOON SESSION
The Senate reconvened at 1:30 p.m., President Pro Tempore
Angelo presiding.
QUORUM CALL
Senator Sievers requested a nonrecord roll call to determine that a
quorum was present.
The vote revealed 40 present, 10 absent, and a quorum present.
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 15, 2003, passed the following bills in which the concurrence of the
House was asked:
Senate File 3, a bill for an act relating to the inclusion of certain
information in a termination of pregnancy report.
Senate File 119, a bill for an act relating to real estate appraiser
certification.
Senate File 201, a bill for an act relating to a review of statistical
information compiled by the board of educational examiners from
Praxis II examinations administered to initial, provisional teaching
license applicants.
Senate File 236, a bill for an act relating to the time periods that
unclaimed demutualization proceeds and wages are presumed to be
abandoned and providing an effective date.
Senate File 303, a bill for an act relating to the contents of
certain child abuse assessment reports.
ALSO: That the House has on April 15, 2003, adopted the following resolution in
which the concurrence of the Senate is asked:
House Concurrent Resolution 19, a concurrent resolution
urging congressional adoption of a free trade agreement between
Taiwan and the United States.
Read first time and attached to companion Senate
Concurrent Resolution 14.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Holveck and McCoy, until they return, on request of Senator Gronstal.
CONFIRMATION OF GOVERNOR’S APPOINTMENT
(Individual Confirmation Calendar)
Senator Iverson called up the interim appointment of Neala
Arnold, as a member of the State Board of Regents, placed on the
Individual Confirmation Calendar on March 12, 2003, and found on
page 468 of the Senate Journal.
Senator Redfern moved that the foregoing interim appointment be
confirmed by the Senate.
On the question “Shall the appointee be confirmed?” the vote was:
Yeas, 47:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dearden | Dotzler | Drake |
|
Dvorsky | Fraise | Gaskill | Gronstal |
|
Hatch | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Lundby |
|
McKibben | McKinley | Miller | Putney |
|
Quirmbach | Ragan | Redfern | Rehberg |
|
Schuerer | Seng | Seymour | Shull |
|
Sievers | Stewart | Tinsman | Veenstra |
|
Warnstadt | Wieck | Zieman |
|
|
Nays, 1:
Absent, 2:
Holveck McCoy
The appointee, having received a two-thirds vote, was declared to
have been confirmed by the Senate.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 65.
House File 65
On motion of Senator Redfern, House File 65, a bill for an act
relating to motor vehicle operating while intoxicated offenses, with
report of committee recommending passage, was taken up for
consideration.
Senator Miller withdrew amendment S-3036, filed by him on
March 17, 2003, to page 1 and to the title page of the bill.
Senator Miller offered amendment S-3177, filed by him on
April 8, 2003, to page 1 and to the title page of the bill.
Senator Redfern raised the point of order that amendment S-3177
was not germane to the bill.
The Chair ruled the point well-taken and amendment S-3177 out
of order.
Senator Miller asked and received unanimous consent to withdraw
amendment S-3037, filed by Senators Miller and Brunkhorst on
March 17, 2003, to pages 1, 2, and 6 of the bill.
Senator Miller offered amendment S-3074, filed by Senators
Miller and Brunkhorst on March 20, 2003, to pages 1 and 2 of the bill.
Senator Redfern raised the point of order that amendment S-3074
was not germane to the bill.
The Chair ruled the point not well-taken and amendment S-3074
in order.
Senator Miller moved the adoption of amendment S-3074.
A record roll call was requested.
On the question “Shall amendment S-3074 be adopted?” (H.F. 65),
the vote was:
Yeas, 22:
|
Black | Brunkhorst | Courtney | Dearden |
|
Dotzler | Dvorsky | Fraise | Hatch |
|
Horn | Houser | Kibbie | Lamberti |
|
Lundby | McCoy | McKinley | Miller |
|
Rehberg | Seng | Seymour | Tinsman |
|
Veenstra | Wieck |
|
|
Nays, 28:
|
Angelo Beall Behn Boettger
Bolkcom Connolly Drake Gaskill
Gronstal Holveck Hosch Iverson
Johnson Kettering Kramer Kreiman
Larson McKibben Putney Quirmbach
Ragan Redfern Schuerer Shull
Sievers Stewart Warnstadt Zieman
|
Absent, none.
Amendment S-3074 lost.
President Kramer took the chair at 2:15 p.m.
Senator Redfern offered amendment S-3218, filed by him from the
floor to pages 1-6 of the bill.
Senator Redfern asked and received unanimous consent that
action on amendment S-3218 be deferred.
Senator Redfern offered amendment S-3215, filed by him from the
floor to pages 1-5 of the bill.
Senator Redfern asked and received unanimous consent that
action on amendment S-3215 be deferred.
Senator Redfern withdrew amendment S-3216, filed by him from
the floor to pages 1-5 of the bill.
Senator McCoy offered amendment S-3028, filed by him on
March 5, 2003, to pages 2 and 6 of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3028 be adopted?” (H.F. 65),
the vote was:
Yeas, 4:
|
Dearden | Horn | McCoy | Miller |
|
|
Nays, 46:
|
Angelo Beall Behn Black
Boettger Bolkcom Brunkhorst Connolly
Courtney Dotzler Drake Dvorsky
Fraise Gaskill Gronstal Hatch
Holveck Hosch Houser Iverson
Johnson Kettering Kibbie Kramer
Kreiman Lamberti Larson Lundby
McKibben McKinley Putney Quirmbach
Ragan Redfern Rehberg Schuerer
Seng Seymour Shull Sievers
Stewart Tinsman Veenstra Warnstadt
Wieck Zieman
|
Absent, none.
Amendment S-3028 lost.
Senator Brunkhorst offered amendment S-3204, filed by Senator
Brunkhorst, et al., on April 14, 2003, to page 2 of the bill.
Senator Redfern raised the point of order that amendment S-3204
was not germane to the bill.
The Chair ruled the point well-taken and amendment S-3204 out
of order.
The Senate resumed consideration of amendment S-3218,
previously deferred.
Senator Redfern withdrew amendment S-3218.
The Senate resumed consideration of amendment S-3215,
previously deferred.
Senator Redfern withdrew amendment S-3215.
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. 65), the vote was:
Yeas, 46:
|
Angelo | Beall | Behn | Boettger |
|
Bolkcom | Brunkhorst | Connolly | Courtney |
|
Dearden | Drake | Dvorsky | Fraise |
|
Gaskill | Gronstal | Hatch | Holveck |
|
Hosch | Houser | Iverson | Johnson |
|
Kettering | Kibbie | Kramer | Kreiman |
|
Lamberti | Larson | Lundby | McCoy |
|
McKibben | McKinley | Miller | Putney |
|
Quirmbach | Ragan | Redfern | Rehberg |
|
Seng | Seymour | Shull | Sievers |
|
Stewart | Tinsman | Veenstra | Warnstadt |
|
Wieck | Zieman |
|
|
Nays, 4:
|
Black Dotzler Horn Schuerer
|
Absent, none.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILLS
Senator Iverson asked and received unanimous consent to take up
for consideration House Files 656 and 489.
House File 656
(Appropriations Calendar)
On motion of Senator Zieman, House File 656, a bill for an act
relating to fees charged for special fire fighter motor vehicle
registration plates, with report of committee recommending passage,
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?” (H.F. 656), 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 489
(Regular Calendar)
On motion of Senator McKinley, House File 489, a bill for an act
relating to programs and services under the purview of the
department of human services, and providing for retroactive
applicability and effective dates, with report of committee
recommending passage, was taken up for consideration.
Senator McKinley moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.
On the question “Shall the bill pass?” (H.F. 489), 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.
BUSINESS PENDING
House File 583
The Senate resumed consideration of House File 583, a bill for an
act relating to governmental ethics disclosure reports, including
reports related to receptions for members of the general assembly
during session detailing food, beverage, and entertainment received
by public officials and public employees, and reports filed by clients of
lobbyists before the general assembly and the executive branch
pertaining to moneys paid for lobbying purposes, previously deferred.
Senator Drake 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. 583), the vote was:
Yeas, 42:
|
Angelo | Behn | Black | Boettger |
|
Bolkcom | Brunkhorst | Courtney | Dearden |
|
Dotzler | Drake | Dvorsky | Fraise |
|
Gaskill | Hatch | Horn | Hosch |
|
Houser | Iverson | Johnson | Kettering |
|
Kibbie | Kramer | Lamberti | Lundby |
|
McCoy | McKibben | McKinley | Miller |
|
Putney | Redfern | Rehberg | Schuerer |
|
Seng | Seymour | Shull | Sievers |
|
Stewart | Tinsman | Veenstra | Warnstadt |
|
Wieck | Zieman |
|
|
Nays, 8:
|
Beall Connolly Gronstal Holveck
Kreiman Larson Quirmbach Ragan
|
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 65, 489, 583, and 656 be immediately messaged to
the House.
The Senate stood at ease at 3:35 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 4:25 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 April 15, 2003, passed the following bills in which the concurrence of the
House was asked:
Senate File 394, a bill for an act relating to the regulation of the
grain industry, and making penalties applicable.
Senate File 395, a bill for an act relating to assistance services
provided to the department of agriculture and land stewardship,
including for the filing of documents and the payment of fees and civil
penalties, and the authorization to assess additional charges.
ALSO: That the House has on April 15, 2003, amended and passed the following
bills in which the concurrence of the House was asked:
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. (S-3219)
Senate File 379, a bill for an act relating to certain agricultural
liens. (S-3220)
Senate File 393, a bill for an act relating to the agricultural
development authority by providing for its organization and
administration. (S-3225)
Senate File 396, a bill for an act providing for the animal unit
capacity of pullets for purposes of regulation under the animal
agriculture compliance Act. (S-3224)
Senate File 416, a bill for an act relating to an emergency shelter
and support services demonstration project relating to dependent
adults. (S-3223)
CONSIDERATION OF BILLS
(Regular Calendar)
Senator Veenstra asked and received unanimous consent to take
up for consideration House Files 204 and 386.
House File 204
On motion of Senator Johnson, House File 204, a bill for an act
relating to massage therapy by providing for a study regarding the
modalities associated with massage therapy and providing a
temporary exemption from licensure requirements, 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. 204), 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.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McCoy, until he returns, on request of Senator Gronstal.
House File 386
On motion of Senator Behn, House File 386, a bill for an act
relating to the department of elder affairs including provisions
relating to the elder Iowans Act, with report of committee
recommending passage, was taken up for consideration.
Senator Tinsman asked and received unanimous consent to
withdraw amendment S-3208, filed by Senators Tinsman and Behn
on April 14, 2003, to page 5 of the bill.
Senator Tinsman offered amendment S-3222, filed by Senators
Tinsman and Behn from the floor to page 5 of the bill, and moved its
adoption.
Amendment S-3222 was adopted by a voice vote.
Senator Holveck offered amendment S-3203, filed by Senators
Holveck and Behn on April 14, 2003, to page 10 of the bill, and moved
its adoption.
Amendment S-3203 was adopted by a voice vote.
Senator Behn 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. 386), 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
House Files 204 and 386 be immediately messaged to the House.
BILL PLACED ON UNFINISHED BUSINESS CALENDAR
Senator Veenstra asked and received unanimous consent that
Senate File 445 be placed on the Unfinished Business Calendar.
ADJOURNMENT
On motion of Senator Veenstra, the Senate adjourned at 4:44 p.m.
until 8:30 a.m. Wednesday, April 16, 2003.
APPENDIX
WITHDRAWAL OF GOVERNOR’S APPOINTEES
The following letters from the Governor were received in the office
of the Secretary of the Senate on April 15, 2003:
I submitted the name of Neala Arnold to serve on the State Board of Regents on
March 11, 2003. I am withdrawing her name from further consideration by the Senate.
I submitted the name of Janet Carl to serve on the Iowa Ethics and Campaign
Disclosure Board on March 15, 2003. I am withdrawing her name from further
consideration by the Senate.
Thank you.
Sincerely,
THOMAS J. VILSACK
Governor
GOVERNOR’S DEFERRAL LETTERS
The following letters from the Governor were received in the office
of the Secretary of the Senate on April 15, 2003:
Pursuant to Iowa Code section 2.32(4), the reappointment for the State Board of
Regents vacancy, formerly held by Neala Arnold, is being deferred because no
appropriate candidate has been found for this position at this time.
Pursuant to Iowa Code section 2.32(4), the appointment for the Iowa Ethics and
Campaign Disclosure Board vacancy, formerly held by Julie Boeke, is being deferred
because no appropriate candidate has been found for this position at this time.
Sincerely,
THOMAS J. VILSACK
Governor
BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bill has been enrolled, signed by the President of the Senate and the Speaker
of the House, and presented to the Governor for his approval on this 15th day of April,
2003:
Senate File 272.
MICHAEL E. MARSHALL
Secretary of the Senate
SUBCOMMITTEE ASSIGNMENTS
House File 541
WAYS AND MEANS: Connolly, Chair; McKibben and Shull
House File 650
WAYS AND MEANS: McCoy, Chair; Lamberti and Larson
House File 654
WAYS AND MEANS: Miller, Chair; Dotzler and McKinley
House File 667
APPROPRIATIONS: Tinsman, Chair; Hatch and Lamberti
AMENDMENTS FILED
S-3214 H.F. 392 Keith A. Kreiman
S-3215 H.F. 65 Donald B. Redfern
S-3216 H.F. 65 Donald B. Redfern
S-3217 S.F. 445 Jeff Angelo
S-3218 H.F. 65 Donald B. Redfern
S-3219 S.F. 351 House
S-3220 S.F. 379 House
S-3221 H.F. 565 Jack Hatch
S-3222 H.F. 386 Maggie Tinsman
Jerry Behn
S-3223 S.F. 416 House
S-3224 S.F. 396 House
S-3225 S.F. 393 House
S-3226 S.F. 441 Joe Bolkcom
Larry McKibben
Steve Warnstadt
S-3227 S.F. 445 Jeff Angelo
S-3228 H.F. 560 Maggie Tinsman
S-3229 H.F. 614 John P. Kibbie
Mike Connolly
Dick L. Dearden
Dennis H. Black
Amanda Ragan
Thomas G. Courtney
© 2003 Cornell College and
League of Women Voters of Iowa
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