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Senate Journal: Thursday, April 17, 2003

JOURNAL OF THE SENATE

__________

NINETY-FIFTH CALENDAR DAY
FIFTY-SIXTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, April 17, 2003

The Senate met in regular session at 8:38 a.m., President
Pro Tempore Angelo presiding.

Prayer was offered by the Reverend Kevin Korver, pastor of the
Third Reformed Church in Pella, Iowa. He was the guest of Senator
McKinley.

The Journal of Wednesday, April 16, 2003, was approved.

QUORUM CALL

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

The vote revealed 38 present, 12 absent, and a quorum present.

The Senate stood at ease at 9:05 a.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 10:12 a.m., President Kramer
presiding.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 394.


House File 394

On motion of Senator Shull, House File 394, a bill for an act
relating to the purposes of the community attraction and tourism
program, with report of committee recommending passage, was taken
up for consideration.

Senator Gronstal asked and received unanimous consent that
action on House File 394 be deferred.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Schuerer, until he arrives, on request of Senator Boettger.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 560.

House File 560

On motion of Senator Tinsman, House File 560, a bill for an act
relating to medical assistance home and community-based services
waivers, with report of committee recommending passage, was taken
up for consideration.

Senator Tinsman offered amendment S-3228, filed by her on
April 15, 2003, to page 1 of the bill, and moved its adoption.

Amendment S-3228 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. 560), 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 Quirmbach
Ragan Redfern Rehberg Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Schuerer

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 644 and 594.

House File 644

On motion of Senator Angelo, House File 644, a bill for an act
providing for manure application requirements, providing for fees,
making penalties applicable, and providing an effective date, with
report of committee recommending amendment and passage, was
taken up for consideration.

Senator Angelo offered amendment S-3195, filed by the committee
on Agriculture on April 10, 2003, to pages 3 and 6 of the bill, and
moved its adoption.

Amendment S-3195 was adopted by a voice vote.


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

On the question "Shall the bill pass?" (H.F. 644), 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 Quirmbach
Ragan Redfern Rehberg Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, none.

Absent, 1:

Schuerer

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 Beall, until he returns, on request of Senator Gronstal.

President Pro Tempore Angelo took the chair at 10:35 a.m.

House File 594

On motion of Senator Shull, House File 594, a bill for an act
relating to the registration of electrical and mechanical amusement
devices and the registration of manufacturers and distributors
thereof, making penalties applicable, and providing an effective date,

with report of committee recommending amendment and passage,
was taken up for consideration.

Senator Zieman offered amendment S-3180, filed by the committee
on State Government on April 9, 2003, to page 2 and to the title page
of the bill, and moved its adoption.

Amendment S-3180 was adopted by a voice vote.

Senator Shull offered amendment S-3248, filed by him from the
floor to page 1 of the bill, and moved its adoption.

Amendment S-3248 was adopted by a voice vote.

Senator Dotzler offered amendment S-3249, filed by him from the
floor to page 1 of the bill, and moved its adoption.

Amendment S-3249 was adopted 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?" (H.F. 594), the vote was:

Yeas, 37:
Angelo Behn Black Boettger
Bolkcom Brunkhorst Connolly Courtney
Dearden Dotzler Dvorsky Fraise
Gaskill Gronstal Hatch Holveck
Horn Hosch Iverson Kibbie
Kramer Lundby McCoy McKibben
McKinley Putney Quirmbach Ragan
Redfern Seng Seymour Shull
Stewart Tinsman Warnstadt Wieck
Zieman

 


Nays, 11:
Drake Houser Johnson Kettering Kreiman Lamberti Larson Miller Rehberg Sievers Veenstra

 


Absent, 2:

Beall Schuerer

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

BUSINESS PENDING

House File 394

The Senate resumed consideration of House File 394, a bill for an
act relating to the purposes of the community attraction and tourism
program, previously deferred.

Senator Warnstadt offered amendment S-3235, filed by him on
April 16, 2003, to page 1 of the bill.

Senator Warnstadt withdrew amendment S-3235.

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. 394), the vote was:

Yeas, 44:
Angelo Beall Behn Boettger
Bolkcom Connolly Courtney Dearden
Dotzler Drake Dvorsky Fraise
Gaskill Gronstal Hatch Holveck
Horn Hosch Iverson Johnson
Kettering Kibbie Kramer Kreiman
Larson Lundby McCoy McKibben
McKinley Putney Quirmbach Ragan
Redfern Rehberg Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Wieck Zieman

 


Nays, 5:
Black Brunkhorst Houser Lamberti Miller

 


Absent, 1:

Schuerer


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

President Kramer took the chair at 11:15 a.m.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Files 394, 560, 594, and 644 be immediately messaged to
the House.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Lamberti and McKinley, until they return, on request of Senator Behn.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Joint Resolution 5.

House Joint Resolution 5

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

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

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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE
OF IOWA:

Section 1. 571 Iowa administrative code, rule 98.2, subrule 1,
paragraph b, subparagraph (2), last sentence, is nullified.
Sec. 2. 571 Iowa administrative code, rule 106.7, subrule 1,
paragraph b, last sentence, is nullified.
Sec. 3. EFFECTIVE DATE. This joint resolution, being deemed of
immediate importance, takes effect upon enactment.

On the question "Shall the resolution be adopted?" (H.J.R. 5), the
vote was:

Yeas, 39:
Beall Behn Black Boettger
Bolkcom Brunkhorst Connolly Courtney
Dotzler Drake Fraise Gaskill
Gronstal Hatch Horn Hosch
Houser Iverson Johnson Kettering
Kibbie Kramer Kreiman Larson
McCoy McKibben Miller Putney
Quirmbach Ragan Rehberg Seng
Shull Sievers Stewart Veenstra
Warnstadt Wieck Zieman

 


Nays, 8:
Angelo Dearden Dvorsky Holveck Lundby Redfern Seymour Tinsman

 


Absent, 3:

Lamberti McKinley Schuerer

The resolution, having received a constitutional majority, was
declared to have been adopted by 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 565.

House File 565

On motion of Senator Tinsman, House File 565, a bill for an act
relating to the healthy and well kids in Iowa program, with report of

committee recommending amendment and passage, was taken up for
consideration.

Senator Tinsman offered amendment S-3194, filed by the
committee on Human Resources on April 10, 2003, to pages 1-3 of the
bill, and moved its adoption.

Amendment S-3194 was adopted by a voice vote.

Senator Hatch offered amendment S-3221, filed by him on
April 15, 2003, to page 2 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-3221 be adopted?"
(H.F. 565), 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-3221 lost.

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. 565), 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 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 17, 2003, passed the following bills in which the concurrence of the
House was asked:

Senate File 180, a bill for an act relating to the procedures for
handling abandoned property and property presumed to be
abandoned.

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.

Senate File 372, a bill for an act relating to the licensing of
persons providing money transmission and currency exchange
services, providing penalties, and providing an effective date.

ALSO: That the House has on April 17, 2003, amended and passed the following
bills in which the concurrence of the House was asked:

Senate File 359, a bill for an act relating to landlords, tenants,
and actions for forcible entry or detention. (S-3251)

Senate File 386, a bill for an act requiring the insurance division
of the department of commerce to establish a school health insurance
reform team study and to make recommendations to the general
assembly. (S-3250)

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Joint Resolution 5 and House File 565 be immediately
messaged to the House.

RECESS

On motion of Senator Iverson, the Senate recessed at 11:48 a.m.
until 1:30 p.m.

AFTERNOON SESSION

The Senate reconvened at 1:39 p.m., Senator Veenstra presiding.

QUORUM CALL

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

The vote revealed 35 present, 15 absent, and a quorum present.

President Pro Tempore Angelo took the chair at 1:47 p.m.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Houser asked and received unanimous consent to take up
for consideration House File 206.


House File 206

On motion of Senator Veenstra, House File 206, a bill for an act
increasing the child age applicable to mandatory reporting of
suspected child sexual abuse perpetrated by a person other than the
person responsible for the care of the child, with report of committee
recommending passage, was taken up for consideration.

Senator Kreiman asked and received unanimous consent that
action on House File 206 be deferred.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator McCoy, until he returns, on request of Senator Kibbie.

HOUSE AMENDMENT CONSIDERED

Senate File 230

Senator Miller called up for consideration Senate File 230, a bill
for an act relating to the procedure for reducing the number of
members of a city council from five to three in certain cities, amended
by the House, and moved that the Senate concur in House
amendment S-3151, filed April 7, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 230), 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, as amended, was agreed to.

HOUSE AMENDMENT CONSIDERED

Senate File 392

Senator Zieman called up for consideration Senate File 392, a bill
for an act relating to the animal agriculture compliance Act,
providing for penalties, and providing an effective date, amended by
the House, and moved that the Senate concur in House amendment
S-3243, filed April 16, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 392), 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 Veenstra asked and received unanimous consent that
Senate Files 230 and 392 be immediately messaged to the House.

HOUSE AMENDMENT CONSIDERED

Senate File 435

Senator Miller called up for consideration Senate File 435, a bill
for an act relating to and making appropriations to the judicial
branch, amended by the House, and moved that the Senate refuse to
concur in House amendment S-3184, filed April 10, 2003.

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

CONSIDERATION OF BILL
(Regular Calendar)

Senator Veenstra asked and received unanimous consent to take
up for consideration House File 387.

House File 387

On motion of Senator Tinsman, House File 387, a bill for an act
relating to mental health and developmental disabilities by revising
life safety requirements for intermediate care facilities for persons

with mental retardation, expanding an exemption to health care
licensing requirements for certain residential programs that receive
funding under a medical assistance home and community-based
services waiver and approval from the department of human services,
and revising membership requirements for the mental health and
developmental disabilities commission, and providing an effective
date, with report of committee recommending amendment and
passage, was taken up for consideration.

Senator Tinsman offered amendment S-3149, filed by the
committee on Human Resources on April 7, 2003, to pages 1, 3, and to
the title page of the bill.

Senator Tinsman offered amendment S-3252, filed by her from the
floor to page 1 of amendment S-3149, and moved its adoption.

Amendment S-3252 was adopted by a voice vote.

Senator Tinsman moved the adoption of amendment S-3149, as
amended.

Amendment S-3149 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. 387), 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.

HOUSE AMENDMENT CONSIDERED

Senate File 439

Senator Miller called up for consideration Senate File 439, a bill
for an act relating to and making appropriations to the justice system
and providing an effective date, amended by the House, and moved
that the Senate concur in House amendment S-3242, filed April 16,
2003.

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

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

On the question "Shall the bill pass?" (S.F. 439), the vote was:

Yeas, 31:
Angelo Beall Behn Black
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

 


Nays, 19:
Bolkcom Connolly Courtney Dearden Dotzler Dvorsky Fraise Gronstal Hatch Holveck Horn Kibbie Kreiman McCoy 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.

IMMEDIATELY MESSAGED

Senator Veenstra asked and received unanimous consent that
Senate File 435 and House File 387 and be immediately
messaged to the House.

HOUSE AMENDMENT CONSIDERED

Senate File 351

Senator Tinsman called up for consideration 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, amended by the House,
and moved that the Senate concur in House amendment S-3219, filed
April 15, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 351), 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.

President Kramer took the chair at 2:25 p.m.

HOUSE AMENDMENT CONSIDERED

Senate File 393

Senator Gaskill called up for consideration Senate File 393, a bill
for an act relating to the agricultural development authority by
providing for its organization and administration, amended by the
House, and moved that the Senate concur in House amendment
S-3225, filed April 15, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 393), 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 AMENDMENT CONSIDERED

Senate File 379

Senator Miller called up for consideration Senate File 379, a bill
for an act relating to certain agricultural liens, amended by the
House, and moved that the Senate concur in House amendment
S-3220, filed April 15, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 379), 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
Senate Files 351, 379, and 393 be immediately messaged to the
House.

HOUSE AMENDMENT CONSIDERED

Senate File 396

Senator Houser called up for consideration 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,
amended by the House, and moved that the Senate concur in House
amendment S-3224, filed April 15, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 396), 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.

HOUSE AMENDMENT CONSIDERED

Senate File 172

Senator Angelo called up for consideration 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, amended by
the House, and moved that the Senate concur in House amendment
S-3211, filed April 14, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 172), the vote was:

Yeas, 40:
Angelo Beall Behn Black
Boettger Brunkhorst Connolly Drake
Gaskill Holveck Horn Hosch
Houser Iverson Johnson Kettering
Kramer Kreiman Lamberti Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Ragan
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Tinsman
Veenstra Warnstadt Wieck Zieman

 


Nays, 10:
Bolkcom Courtney Dearden Dotzler Dvorsky Fraise Gronstal Hatch Kibbie Stewart

 


Absent, none.

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

HOUSE AMENDMENT CONSIDERED

Senate File 416

Senator Tinsman called up for consideration Senate File 416, a
bill for an act relating to an emergency shelter and support services
demonstration project relating to dependent adults, amended by the
House, and moved that the Senate concur in House amendment
S-3223, filed April 15, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 416), 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 Iverson asked and received unanimous consent that
Senate Files 172, 396, and 416 be immediately messaged to the
House.

HOUSE AMENDMENT CONSIDERED

Senate File 433

Senator McKinley called up for consideration Senate File 433, a
bill for an act relating to and making appropriations to the
department of economic development, certain board of regents
institutions, department of workforce development, and the public
employment relations board and related matters, amended by the
House in House amendment S-3183, filed April 10, 2003.

Senator Quirmbach offered amendment S-3241, filed by him on
April 16, 2003, to page 1 of House amendment S-3183, and moved its
adoption.

A record roll call was requested.

On the question "Shall amendment S-3241 to House amendment
S-3183 be adopted?" (S.F. 433), the vote was:

Yeas, 16:
Black Bolkcom Connolly Courtney
Dearden Dotzler Dvorsky Hatch
Holveck Horn Kreiman McCoy
Quirmbach Seng Stewart Warnstadt

 


Nays, 34:
Angelo Beall Behn Boettger Brunkhorst Drake Fraise Gaskill Gronstal Hosch Houser Iverson Johnson Kettering Kibbie Kramer Lamberti Larson Lundby McKibben McKinley Miller Putney Ragan Redfern Rehberg Schuerer Seymour Shull Sievers Tinsman Veenstra Wieck Zieman

 


Absent, none.

Amendment S-3241 lost.

Senator McKinley moved that the Senate concur in the House
amendment.

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

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

On the question "Shall the bill pass?" (S.F. 433), 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 Lamberti Larson
McCoy McKibben McKinley Miller
Putney Quirmbach Ragan Redfern
Rehberg Schuerer Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Wieck Zieman

 


Nays, 2:
Kreiman Lundby

 


Absent, none.

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

HOUSE AMENDMENT CONSIDERED

Senate File 397

Senator Brunkhorst called up for consideration 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, amended by the
House, and moved that the Senate concur in House amendment
S-3210, filed April 14, 2003.

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

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

On the question "Shall the bill pass?" (S.F. 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.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 397 be immediately messaged to the House.


BILLS PLACED ON UNFINISHED BUSINESS CALENDAR

Senator Iverson asked and received unanimous consent that the
following bills be placed on the Unfinished Business Calendar:

S.F. 117 H.F. 225 H.F. 585
S.F. 147 H.F. 329 H.F. 592
S.F. 209 H.F. 400 H.F. 593
S.F. 327 H.F. 401 H.F. 595
S.F. 332 H.F. 450 H.F. 599
S.F. 381 H.F. 455 H.F. 650
S.F. 388 H.F. 457
S.F. 403 H.F. 492
S.F. 404 H.F. 543
S.F. 407 H.F. 549
S.F. 418 H.F. 558
S.F. 446 H.F. 576

BILLS REFERRED TO COMMITTEE

Senator Iverson asked and received unanimous consent that the
following bills on the Senate Calendar, no longer eligible under
Senate Rule 60, be referred to committee:

S.F. 39 Ways and Means
S.F. 191 Agriculture
S.F. 197 Local Government
S.F. 200 Local Government
S.F. 204 State Government
S.F. 223 Commerce
S.F. 238 Natural Resources and Environment
S.F. 242 Ways and Means
S.F. 270 Education
S.F. 318 State Government
S.F. 319 State Government
S.F. 334 Local Government
S.F. 356 Local Government
S.F. 358 State Government
S.F. 364 State Government


S.F. 373 Natural Resources and Environment
S.F. 374 Judiciary
S.F. 377 State Government
S.F. 385 Education
S.F. 398 Natural Resources and Environment
S.F. 400 Commerce
S.F. 406 Education
S.F. 411 Human Resources
S.F. 413 Human Resources
S.F. 414 Human Resources
S.F. 415 Human Resources
H.F. 586 Commerce

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 3:10 p.m.
until 1:00 p.m. Monday, April 21, 2003.


APPENDIX

PRESENTATION OF VISITORS

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

Students from River Valley Middle School in Correctionville,
accompanied by Mr. Mike Nugent. Senators Seymour and Wieck.

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 17, by Sievers, Behn, Kettering,
Putney, Angelo, Hosch, Larson, Boettger, Seymour, Schuerer,
Iverson, McKibben, Stewart, Beall, Bolkcom, Quirmbach, Seng,
Dvorsky, Horn, Warnstadt, Black, and Courtney, a concurrent
resolution supporting the widening, improvement, and enhancement
of U.S. Highway 30 across central Iowa and requesting federal
assistance.

Read first time under Rule 28 and referred to committee on Rules
and Administration.

INTRODUCTION OF BILL

Senate File 451, by committee on Appropriations, a bill for an act
providing for the jurisdiction and funding of roads by transferring
funding for and jurisdiction of certain primary and farm-to-market
roads, modifying the procedure for classification of area service "C"
roads, and establishing a street construction fund distribution
advisory committee, and making appropriations.

Read first time under Rule 28 and placed on Appropriations
calendar.

STUDY BILL RECEIVED

SSB 1202 Ways and Means

Relating to the issuance of tax credit certificates and related tax
credits to designated investors in the Iowa fund of funds.

SUBCOMMITTEE ASSIGNMENT

SSB 1202

WAYS AND MEANS: McKibben, Chair; Connolly and Rehberg

COMMITTEE REPORT

APPROPRIATIONS

Final Bill Action: *SENATE FILE 451 (SSB 1196), bill for an act providing for the
jurisdiction and funding of roads by transferring funding for and jurisdiction of certain
primary and farm-to-market roads, modifying the procedure for classification of area
service "C" roads, and establishing a street construction fund distribution advisory
committee, and making appropriations.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 20: Lamberti, Kramer, Dvorsky, Behn, Connolly, Dotzler, Gaskill,
Hatch, Horn, McKibben, Miller, Schuerer, Seng, Seymour, Shull, Sievers, Tinsman,
Veenstra, Warnstadt, and Zieman. Nays, 4: Bolkcom, Fraise, Houser, and McKinley.
Absent, 1: Black.

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 Appropriations Committee on Senate File 451, and they
were attached to the committee report.

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing
Senate File 155, the following correction was made:

1. Page 2, line 5, the words and numbers "Code 2003, subsection 2" were changed to
the words and numbers "subsection 2, Code 2003".

MICHAEL E. MARSHALL
Secretary of the Senate

MOTIONS TO RECONSIDER FILED

MADAM PRESIDENT: I move to reconsider the votes by which Senate Files 433
and 439 passed the Senate on April 17, 2003.

JEFF LAMBERTI


BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR

The Secretary of the Senate submitted the following report:

MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bills have been enrolled, signed by the President of the Senate and the
Speaker of the House, and presented to the Governor for his approval on this 17th day
of April, 2003:

Senate Files 3, 119, 155, 201, 236, 303, and 395.

MICHAEL E. MARSHALL
Secretary of the Senate

AMENDMENTS FILED

S-3248 H.F. 594 Doug Shull
S-3249 H.F. 594 William Dotzler
S-3250 S.F. 386 House
S-3251 S.F. 359 House
S-3252 H.F. 387 Maggie Tinsman

Previous Day: Wednesday, April 16Next Day: Monday, April 21
Senate Journal: Index House Journal: Index
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