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Senate Journal: Monday, April 21, 2003

JOURNAL OF THE SENATE

__________

NINETY-NINTH CALENDAR DAY
FIFTY SEVENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, April 21, 2003

The Senate met in regular session at 1:11 p.m., President Kramer
presiding.

Prayer was offered by the Reverend Darrel Weber, pastor of the
Zion Evangelical and Reformed Church in Garner, Iowa. He was the
guest of Senator Gaskill.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Page Jaron Rosien.

The Journal of Thursday, April 17, 2003, was approved.

QUORUM CALL

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

The vote revealed 31 present, 19 absent, and a quorum present.

Senator Sievers took the chair at 1:15 p.m.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Putney asked and received unanimous consent to take up
for consideration Senate Resolution 31.


Senate Resolution 31

On motion of Senator Redfern, Senate Resolution 31, a
resolution congratulating the University of Northern Iowa Panthers
Women’s Volleyball Team, with report of committee recommending
passage, was taken up for consideration.

Senator Redfern moved the adoption of Senate Resolution 31,
which motion prevailed by a voice vote.

SPECIAL GUESTS

Senator Redfern welcomed to the Senate chamber Coach Bobbi
Petersen and the 2002 University of Northern Iowa Panthers
Women’s Volleyball Team and staff. Coach Petersen addressed the
chamber with brief remarks.

The Senate rose and expressed its welcome.

The Senate stood at ease at 1:58 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 4:04 p.m., President Kramer
presiding.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator McCoy, for the day, on request of Senator Bolkcom; and Senators
McKinley, Rehberg, and Zieman, until they arrive, on request of Senator Hosch.

UNFINISHED BUSINESS

Senate File 407

On motion of Senator Boettger, Senate File 407, a bill for an act
relating to mandatory newborn and infant hearing screening, placed
on the Unfinished Business Calendar on April 17, 2003, was taken up
for consideration.


Senator Boettger offered amendment S-3124, filed by her on
April 2, 2003, striking everything after the enacting clause and to the
title page of the bill, and moved its adoption.

Amendment S-3124 was adopted by a voice vote.

Senator Boettger asked and received unanimous consent that
House File 454 be substituted for Senate File 407.

House File 454

On motion of Senator Boettger, House File 454, a bill for an act
relating to mandatory universal newborn and infant hearing
screening, was taken up for consideration.

Senator Boettger offered amendment S-3125, filed by her on
April 2, 2003, striking everything after the enacting clause of the bill,
and moved its adoption.

Amendment S-3125 was adopted by a voice vote.

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. 454), the vote was:

Yeas, 46:
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 Miller
Putney Quirmbach Ragan Redfern
Schuerer Seng Seymour Shull
Sievers Stewart Tinsman Veenstra
Warnstadt Wieck

 


Nays, none.


Absent, 4:

McCoy McKinley Rehberg Zieman

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

WITHDRAWN

Senator Boettger asked and received unanimous consent that
Senate File 407 be withdrawn from further consideration of the
Senate.

UNFINISHED BUSINESS

House File 543

On motion of Senator Angelo, House File 543, a bill for an act
relating to the provision of certain information for insureds regarding
external review of health care coverage decisions, placed on the
Unfinished Business Calendar on April 17, 2003, with report of
committee recommending amendment and passage, was taken up for
consideration.

Senator Angelo offered amendment S-3196, filed by the committee
on Commerce on April 10, 2003, striking everything after the
enacting clause and to the title page of the bill.

Senator Lundby asked and received unanimous consent that action
on amendment S-3196 and House File 543 be deferred.

HOUSE AMENDMENT CONSIDERED

Senate File 386

Senator Boettger called up for consideration 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, amended by
the House, and moved that the Senate concur in House amendment
S-3250, filed April 17, 2003.


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

Senator Boettger 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. 386), the vote was:

Yeas, 46:
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 Miller
Putney Quirmbach Ragan Redfern
Schuerer Seng Seymour Shull
Sievers Stewart Tinsman Veenstra
Warnstadt Wieck

 


Nays, none.

Absent, 4:

McCoy McKinley Rehberg Zieman

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

IMMEDIATELY MESSAGED

Senator Boettger asked and received unanimous consent that
Senate File 386 and House File 454 be immediately messaged to
the House.

UNFINISHED BUSINESS

House File 400

On motion of Senator Larson, House File 400, a bill for an act
relating to providing probationer and parolee information to local law

enforcement agencies and the state department of transportation,
placed on the Unfinished Business Calendar on April 17, 2003, with
report of committee recommending amendment and passage, was
taken up for consideration.

Senator Larson offered amendment S-3175, filed by the committee
on Judiciary on April 8, 2003, to page 1 of the bill, and moved its
adoption.

Amendment S-3175 was adopted 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. 400), the vote was:

Yeas, 46:
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 Miller
Putney Quirmbach Ragan Redfern
Schuerer Seng Seymour Shull
Sievers Stewart Tinsman Veenstra
Warnstadt Wieck

 


Nays, none.

Absent, 4:

McCoy McKinley Rehberg Zieman

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


UNFINISHED BUSINESS

House File 457

On motion of Senator Hatch, House File 457, a bill for an act
expanding requirements for the transition of an individual from the
child welfare services system to adulthood, placed on the Unfinished
Business Calendar on April 17, 2003, with report of committee
recommending passage, was taken up for consideration.

Senator Hatch offered amendment S-3253, filed by him from the
floor to page 1 of the bill, and moved its adoption.

Amendment S-3253 was adopted by a voice vote.

Senator Hatch offered amendment S-3254, filed by Senators
Hatch and Kreiman from the floor to page 1 of the bill, and moved its
adoption.

Amendment S-3254 was adopted by a voice vote.

Senator Hatch 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. 457), the vote was:

Yeas, 46:
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 Miller
Putney Quirmbach Ragan Redfern
Schuerer Seng Seymour Shull
Sievers Stewart Tinsman Veenstra
Warnstadt Wieck

 


Nays, none.


Absent, 4:

McCoy McKinley Rehberg Zieman

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

IMMEDIATELY MESSAGED

Senator Boettger asked and received unanimous consent that
House Files 400 and 457 be immediately messaged to the House.

UNFINISHED BUSINESS
(Deferred April 17, 2003)

House File 206

The Senate resumed consideration of 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, deferred April 17, 2003.

Senator Hatch offered amendment S-3255, 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-3255 be adopted?”
(H.F. 206), the vote was:

Yeas, 15:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Horn
Quirmbach Ragan Stewart

 


Nays, 32:
Angelo Behn Boettger Brunkhorst Drake Gaskill Holveck Hosch Houser Iverson Johnson Kettering Kibbie Kramer Kreiman Lamberti Larson Lundby McKibben Miller Putney Redfern Schuerer Seng Seymour Shull Sievers Tinsman Veenstra Warnstadt Wieck Zieman

 


Absent, 3:

McCoy McKinley Rehberg

Amendment S-3255 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Redfern, until he returns, on request of Senator Angelo.

BUSINESS PENDING

House File 206

The Senate resumed consideration of House File 206.

Senator Hatch offered amendment S-3256, filed by him from the
floor to pages 1 and 2 of the bill, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S-3256 be adopted?”
(H.F. 206), the vote was:

Yeas, 18:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman Ragan
Stewart Warnstadt

 


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

 



Absent, 4:

McCoy McKinley Redfern Rehberg

Amendment S-3256 lost.

Senator Fraise offered amendment S-3260, filed by Senators
Fraise and Hatch from the floor to page 2 and to the title page of the
bill.

Senator Fraise called for the following division of amendment
S-3260:

Division S-3260A: Page 2, lines 5-14; and
Division S-3260B: Page 1, lines 3-5 and page 2, lines 1-4 and
15-18.

Senator Fraise asked and received unanimous consent to withdraw
division S-3260A.

Senator Veenstra raised the point of order that division S-3260B
was not germane to the bill.

The Chair ruled the point well-taken and division S-3260B out of
order.

Senator Kreiman offered amendment S-3262, filed by him from
the floor to pages 1 and 2 of the bill, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S-3262 be adopted?”
(H.F. 206), the vote was:

Yeas, 19:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman Quirmbach
Ragan Stewart Warnstadt

 




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

 


Absent, 4:

McCoy McKinley Redfern Rehberg

Amendment S-3262 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. 206), the vote was:

Yeas, 33:
Angelo Behn Black Boettger
Brunkhorst Connolly Drake Gaskill
Holveck Horn Hosch Houser
Iverson Johnson Kettering Kibbie
Kramer Kreiman Lamberti Larson
Lundby McKibben Miller Putney
Schuerer Seng Shull Sievers
Tinsman Veenstra Warnstadt Wieck
Zieman

 


Nays, 12:
Beall Bolkcom Courtney Dearden Dotzler Dvorsky Fraise Gronstal Hatch Quirmbach Ragan Stewart

 


Absent, 5:

McCoy McKinley Redfern Rehberg
Seymour

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 File 206 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 21, 2003, passed the following bill in which the concurrence of the
House was asked:

Senate File 102, a bill for an act relating to the chief executive
officer of the Iowa public employees’ retirement system and providing
an effective and retroactive applicability date.

ALSO: That the House has on April 21, 2003, amended the Senate amendment,
concurred in the Senate amendment as amended, and passed the following bill in
which the concurrence of the House was asked:

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. (S-3263)

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 6:40 p.m.
until 8:30 a.m. Tuesday, April 22, 2003.


APPENDIX

CERTIFICATES OF RECOGNITION

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

James Bowman, Perry — For 25 years of dedication and service at the Medical
Center at the Woodward Resource Center. Senator Kramer (4/21/03).

Mayor’s Youth Employment Program, Iowa City — For 35 years of youth
employment services to Johnson County. Senator Dvorsky (4/21/03).

Scranton Betterment Committee, Scranton — For exceptional voluntary
community service. Senator Beall (4/21/03).

INTRODUCTION OF RESOLUTION

Senate Resolution 35, by Courtney, a resolution calling for the
observance of Workers Memorial Day.

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

STUDY BILL RECEIVED

SSB 1203 Appropriations

Relating to and making appropriations to state departments and
agencies from the rebuild Iowa infrastructure fund, environment first
fund, and tobacco settlement trust fund, relating to the capitol
complex parking structure, authorizing fees, and providing an
effective date.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 34

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

SSB 1203

APPROPRIATIONS: McKibben, Chair; Lamberti and Warnstadt


BILL SIGNED BY THE GOVERNOR

A communication was received announcing that on April 17, 2003,
the Governor approved and transmitted to the Secretary of State the
following bill:

S.F. 272 - Relating to conflicts of interest in public contracts.

AMENDMENTS FILED

S-3253 H.F. 457 Jack Hatch
S-3254 H.F. 457 Jack Hatch
Keith A. Kreiman
S-3255 H.F. 206 Jack Hatch
S-3256 H.F. 206 Jack Hatch
S-3257 S.F. 451 Thomas G. Courtney
S-3258 S.F. 451 Thomas G. Courtney
S-3259 H.F. 654 David P. Miller
Eugene S. Fraise
William Dotzler
Thomas G. Courtney
S-3260 H.F. 206 Eugene S. Fraise
Jack Hatch
S-3261 H.F. 593 Mark Zieman
S-3262 H.F. 206 Keith A. Kreiman
S-3263 H.F. 534 House

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