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Senate Journal: Tuesday, April 22, 2003

JOURNAL OF THE SENATE

__________

ONE HUNDREDTH CALENDAR DAY
FIFTY-EIGHTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, April 22, 2003

The Senate met in regular session at 8:35 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Robert E. Connors, pastor of
the Union Park Independent Christian Church in Des Moines, Iowa.
He was the guest of Senator Dearden. Reverend Connors, brother of
Representative John Connors, sang “I Go to the Rock.”

The Journal of Monday, April 21, 2003, was approved.

QUORUM CALL

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

The vote revealed 33 present, 17 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 21, 2003, concurred in the Senate amendment and passed the
following bills in which the concurrence of the House was asked:

House File 319, a bill for an act permitting written demand via
regular mail prior to an action under the uniform commercial code for
recovery of civil damages for a dishonored check, draft, or order, when
supported by an affidavit of service.


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.

House File 391, a bill for an act establishing a pilot program for
the development of cogeneration facilities, providing for the
development of ratemaking principles and rates for pilot program
facilities, and providing for a future repeal.

House File 516, a bill for an act relating to composition and
responsibilities of the Iowa comprehensive petroleum underground
storage tank fund board.

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.

House File 547, a bill for an act providing for evidence of financial
responsibility filed by commercial pesticide applicators.

House File 548, a bill for an act relating to tribal law enforcement
officer training at the Iowa law enforcement academy.

House File 655, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds, and
certain other entities, providing for regulatory authority, and other
properly related matters.

ALSO: That the House has on April 21, 2003, passed the following bills in which
the concurrence of the Senate is asked:

House File 671, a bill for an act relating to the recycling property
exemption from property tax and including an applicability date.

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

House File 682, a bill for an act relating to wine by providing for
native wine permits, providing wine gallonage tax revenue to support
grape and wine development, providing for fees, and providing an
effective date and retroactive applicability.

Read first time and referred to committee on Appropriations.

The Senate stood at ease at 9:00 a.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 9:50 a.m., President Kramer
presiding.

HOUSE AMENDMENT CONSIDERED

Senate File 359

Senator Redfern called up for consideration Senate File 359, a
bill for an act relating to landlords, tenants, and actions for forcible
entry or detention, amended by the House in House amendment
S-3251, filed April 17, 2003.

Senator Holveck asked and received unanimous consent that
action on House amendment S-3251 and Senate File 359 be
deferred.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator McCoy, until he arrives, on request of Senator Gronstal.

HOUSE AMENDMENT CONSIDERED

Senate File 94

Senator Kibbie called up for consideration Senate File 94, a bill
for an act providing for the confidentiality of certain veterans’ records
maintained by county recorders, amended by the House in House
amendment S-3103, filed March 31, 2003.


Senator Warnstadt offered amendment S-3152, filed by him on
April 7, 2003, to page 1 of House amendment S-3103, and moved its
adoption.

Amendment S-3152 was adopted by a voice vote.

Senator Warnstadt offered amendment S-3270, filed by him from
the floor to page 1 of House amendment S-3103, and moved its
adoption.

Amendment S-3270 was adopted by a voice vote.

Senator Kibbie moved that the Senate concur in the House
amendment, as amended.

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

Senator Kibbie moved that the bill, as amended by the House,
further amended 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. 94), 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.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 442.

Senate File 442

On motion of Senator McKibben, Senate File 442, a bill for an act
updating the Iowa Code references to the Internal Revenue Code,
providing for decoupling with the Internal Revenue Code for a certain
bonus depreciation provision, and providing retroactive applicability
dates and an effective date, was taken up for consideration.

Senator McKibben 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. 442), the vote was:

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

 


Nays, none.

Absent, 1:

McCoy


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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 94 and 442 be immediately messaged to the House.

UNFINISHED BUSINESS

Senate File 370

On motion of Senator Zieman, Senate File 370, a bill for an act
relating to elections and voter registration by implementing
requirements of federal law, modifying closing hours of the polls and
voter identification requirements, transferring duties relating to
conduct of elections and voter registration from the office of secretary
of state to the Iowa ethics and campaign disclosure board, and
making changes relating to absentee voting procedures, including
request and delivery of absentee ballot applications, delivery of
absentee ballots to the voter, and delivery of completed absentee
ballots to the county commissioner of elections, and including
effective date provisions, placed on the Unfinished Business Calendar
on April 10, 2003, was taken up for consideration.

Senator Zieman offered amendment S-3143, filed by him on
April 7, 2003, to pages 8, 16, 18, and 28-31 of the bill, and moved its
adoption.

Amendment S-3143 was adopted by a voice vote.

Senator Zieman asked and received unanimous consent that
House File 614 be substituted for Senate File 370.

House File 614

On motion of Senator Zieman, House File 614, a bill for an act
relating to elections and voter registration by implementing
requirements of federal law, modifying closing hours of the polls and
voter identification requirements, transferring duties relating to
conduct of elections and voter registration from the office of secretary

of state to the Iowa ethics and campaign disclosure board, and
making changes relating to absentee voting procedures, including
request and delivery of absentee ballot applications, delivery of
absentee ballots to the voter, and delivery of completed absentee
ballots to the county commissioner of elections, and including
effective date provisions, was taken up for consideration.

Senator Kibbie offered amendment S-3229, filed by Senator
Kibbie, et al., on April 15, 2003, striking everything after the enacting
clause and to the title page of the bill, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S-3229 be adopted?”
(H.F. 614), the vote was:

Yeas, 20:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman 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, 1:

McCoy

Amendment S-3229 lost.

Senator Tinsman offered amendment S-3269, filed by her from the
floor to pages 29 and 31 of the bill, and moved its adoption.

A record roll call was requested.


On the question “Shall amendment S-3269 be adopted?”
(H.F. 614), the vote was:

Yeas, 16:
Angelo Behn Drake Gaskill
Hosch Houser Iverson Kramer
McKibben McKinley Miller Redfern
Tinsman Veenstra Wieck Zieman

 


Nays, 33:
Beall Black Boettger Bolkcom Brunkhorst Connolly Courtney Dearden Dotzler Dvorsky Fraise Gronstal Hatch Holveck Horn Johnson Kettering Kibbie Kreiman Lamberti Larson Lundby Putney Quirmbach Ragan Rehberg Schuerer Seng Seymour Shull Sievers Stewart Warnstadt

 


Absent, 1:

McCoy

Amendment S-3269 lost.

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. 614), the vote was:

Yeas, 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

 


Nays, 20:
Beall Black Bolkcom Connolly Courtney Dearden Dotzler Dvorsky Fraise Gronstal Hatch Holveck Horn Kibbie Kreiman Quirmbach Ragan Seng Stewart Warnstadt

 


Absent, 1:

McCoy

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

WITHDRAWN

Senator Zieman asked and received unanimous consent that
Senate File 370 be withdrawn from further consideration of the
Senate.

WITHDRAWN

Senator Iverson asked and received unanimous consent that
Senate File 147 be withdrawn from further consideration of the
Senate.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 441.

Senate File 441

On motion of Senator Bolkcom, Senate File 441, a bill for an act
relating to the transfer of certain property-related tax credits, was
taken up for consideration.

Senator Bolkcom offered amendment S-3226, filed by Senators
Bolkcom, McKibben, and Warnstadt on April 15, 2003, to pages 1, 2,
and to the title page of the bill, and moved its adoption.

Amendment S-3226 was adopted by a voice vote.


Senator Bolkcom 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. 441), 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.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 541.

House File 541

On motion of Senator Connolly, House File 541, a bill for an act
relating to the fee and use of fee for a certificate of birth, with report
of committee recommending passage, was taken up for consideration.

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

On the question “Shall the bill pass?” (H.F. 541), the vote was:

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

 


Nays, none.

Absent, 1:

McCoy

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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 441 and House File 541 be immediately messaged to
the House.

RECESS

On motion of Senator Iverson, the Senate recessed at 11:16 a.m.
until 2:00 p.m.


APPENDIX — 1

COMMUNICATION RECEIVED

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

April 22, 2003

DEPARTMENT OF MANAGEMENT

Denied general claims by the State Appeal Board submitted during April 2003.

CERTIFICATES OF RECOGNITION

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

Coach Cheryl Clark and Stunt Team Members, Iowa Falls High School — For being
named the National Stunt Team Champions. Senator McKibben (4/22/03).

Gerald and Dorothy Hall, Madrid — For celebrating your 65th wedding
anniversary. Senator Quirmbach (4/22/03).

Principal Kenneth Hayes and VIM Participants, East Marshall High School — For
receiving a 2003 Peace Project Award. Senator McKibben (4/22/03).

Gail Rich, West Des Moines — For your support and encouragement of United
States troops overseas during Operation Iraqi Freedom. Senator Kramer (4/22/03).

Matt Ring, Clarion — For achieving the rank of Eagle Scout, Boy Scout Troop 47.
Senator Iverson (4/22/03).

Lloyd and Lois Rohmiller, Sioux City — For celebrating your 50th wedding
anniversary on April 18, 2003. Senator Warnstadt (4/22/03).

REPORT OF COMMITTEE MEETING

APPROPRIATIONS

Convened: April 22, 2003, 1:05 p.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Dvorsky, Ranking Member;
Behn, Black, Bolkcom, Connolly, Dotzler, Fraise, Gaskill, Hatch, Horn, Houser,
McKibben, McKinley, Miller, Schuerer, Seng, Seymour, Shull, Sievers, Tinsman,
Veenstra, Warnstadt, and Zieman.

Members Absent: None.

Committee Business: Approved SSB 1203 (as amended).

Adjourned: 1:20 p.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 36, by Kramer, a resolution honoring the
Iowa members of the United States Naval Armed Guard who served
during World War II.

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

SUBCOMMITTEE ASSIGNMENT

House File 671

WAYS AND MEANS: Stewart, Chair; McKibben and Shull

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 340, the following correction was made:

1. Page 6, line 34, the words “amended to read as” were changed to the words “is
amended to read as”.

MICHAEL E. MARSHALL
Secretary of the Senate

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 22nd day
of April, 2003:

Senate Files 180, 221, 340, 352, 361, and 394.

MICHAEL E. MARSHALL
Secretary of the Senate


AFTERNOON SESSION

The Senate reconvened at 2:05 p.m., Senator Behn presiding.

The Senate stood at ease at 2:06 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 3:17 p.m., President Kramer
presiding.

QUORUM CALL

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

The vote revealed 29 present, 21 absent, and a quorum present.

UNFINISHED BUSINESS

Senate File 403

On motion of Senator Putney, Senate File 403, a bill for an act
regulating organic agricultural products, providing for fees and
penalties, and providing an effective date, placed on the Unfinished
Business Calendar on April 17, 2003, was taken up for consideration.

Senator Putney offered amendment S-3146, filed by him on
April 7, 2003, to pages 6 and 7 of the bill, and moved its adoption.

Amendment S-3146 was adopted by a voice vote.

Senator Putney asked and received unanimous consent that
House File 600 be substituted for Senate File 403.

House File 600

On motion of Senator Putney, House File 600, a bill for an act
regulating organic agricultural products, providing for fees and
penalties, and providing an effective date, was taken up for
consideration.


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

On the question “Shall the bill pass?” (H.F. 600), the vote was:

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

 


Nays, none.

Absent, 1:

McCoy

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

WITHDRAWN

Senator Putney asked and received unanimous consent that
Senate File 403 be withdrawn from further consideration of the
Senate.

UNFINISHED BUSINESS

House File 599

On motion of Senator Kettering, House File 599, a bill for an act
relating to property insurance, including establishment of a
mandatory plan to assure fair access to insurance requirements, and
providing for an effective date and retroactive applicability, placed on

the Unfinished Business Calendar on April 17, 2003, with report of
committee recommending passage, was taken up for consideration.

Senator Kettering 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. 599), 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 599 and 600 be immediately messaged to the House.

UNFINISHED BUSINESS

House File 492

On motion of Senator Houser, House File 492, a bill for an act
relating to soil conservation by providing for the acquisition of land
by soil and water conservation districts, and eliminating certain

reporting requirements, placed on the Unfinished Business Calendar
on April 17, 2003, with report of committee recommending passage,
was taken up for consideration.

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

On the question “Shall the bill pass?” (H.F. 492), 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.

CONSIDERATION OF BILL
(Appropriations Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 667.

House File 667

On motion of Senator Tinsman, House File 667, a bill for an act
relating to and making appropriations for health and human services
to the department of elder affairs, the Iowa department of public

health, the department of inspections and appeals, the department of
human services, and the commission of veterans affairs, and
providing effective dates, with report of committee recommending
passage, was taken up for consideration.

Senator Iverson asked and received unanimous consent that action
on House File 667 be deferred.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 27.

Senate Resolution 27

On motion of Senator Dvorsky, Senate Resolution 27, a
resolution honoring the University of Iowa Football Team and Coach
Kirk Ferentz, with report of committee recommending passage, was
taken up for consideration.

Senator Dvorsky moved the adoption of Senate Resolution 27,
which motion prevailed by a voice vote.

SPECIAL GUESTS

Senator Dvorsky welcomed to the Senate chamber Coach Kirk
Ferentz and five senior members of the University of Iowa Hawkeyes
Football Team. Coach Ferentz addressed the chamber with brief
remarks.

The Senate rose and expressed its welcome.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Sievers, until he returns, on request of Senator Gaskill.


BUSINESS PENDING

House File 667

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

Senator Putney offered amendment S-3276, filed by Senator
Putney, et al., from the floor to page 9 of the bill.

Senator Putney asked and received unanimous consent that action
on amendment S-3276 be deferred.

Senator Shull withdrew amendment S-3266, filed by him from the
floor to pages 9 and 10 of the bill.

Senator Tinsman offered amendment S-3272, filed by her from the
floor to pages 15 and 16 of the bill, and moved its adoption.

A nonrecord roll call was requested.

The ayes were 2, nays 28.

Amendment S-3272 lost.

The Senate resumed consideration of amendment S-3276,
previously deferred.

Senator Putney asked and received unanimous consent to
withdraw amendment S-3276.

Senator Shull withdrew amendment S-3267, filed by him from the
floor to page 42 of the bill.

Senator Tinsman offered amendment S-3274, filed by her from the
floor to pages 53, 60, 67, 69, and 75 of the bill, and moved its
adoption.

A nonrecord roll call was requested.

The ayes were 22, nays 25.

Amendment S-3274 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

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

BUSINESS PENDING

House File 667

The Senate resumed consideration of House File 667.

Senator Tinsman offered amendment S-3273, filed by her from the
floor to page 63 of the bill, and moved its adoption.

A record roll call was requested.

On the question “Shall amendment S-3273 be adopted?”
(H.F. 667), the vote was:

Yeas, 5:
Iverson Putney Seng Seymour
Tinsman

 


Nays, 44:
Angelo Beall Behn Black Boettger Bolkcom Brunkhorst Connolly Courtney Dearden Dotzler Drake Dvorsky Fraise Gaskill Gronstal Hatch Holveck Horn Hosch Houser Johnson Kettering Kibbie Kramer Kreiman Lamberti Larson Lundby McCoy McKibben McKinley Miller Quirmbach Ragan Rehberg Schuerer Shull Sievers Stewart Veenstra Warnstadt Wieck Zieman

 


Absent, 1:

Redfern

Amendment S-3273 lost.

Senator Shull asked and received unanimous consent to withdraw
amendment S-3268, filed by Senator Shull, et al., from the floor to
page 68 of the bill.

Senator Hatch offered amendment S-3279, filed by Senator Hatch,
et al., from the floor to pages 1, 3-5, 7, 15, 24, 37, and 71 of the bill.

Senator Hatch called for the following division of amendment
S-3279:

Division S-3279A: Page 1, lines 13-22 and 35-36; and
Division S-3279B: Page 1, lines 3-12, 23-34, and 37-50; and
page 2, lines 1-6.

Senator Hatch asked and received unanimous consent to withdraw
division S-3279A.

Senator Hatch moved the adoption of division S-3279B.

A record roll call was requested.

On the question “Shall division S-3279B be adopted?” (H.F. 667),
the vote was:

Yeas, 22:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman Lundby
McCoy Quirmbach Ragan Seng
Stewart Warnstadt

 


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

 


Absent, 1:

Redfern

Division S-3279B lost.

Senator Hatch offered amendment S-3278, filed by him from the
floor to page 9 of the bill.

Senator Seymour raised the point of order that amendment
S-3278 was not germane to the bill.

The Chair ruled the point well-taken and amendment S-3278 out
of order.

Senator Holveck offered amendment S-3282, filed by Senator
Holveck, et al., from the floor to page 74 of the bill, and moved its
adoption.

A record roll call was requested.

On the question “Shall amendment S-3282 be adopted?”
(H.F. 667), the vote was:

Rule 23, requiring all senators present to vote except those who
express a conflict of interest, was invoked.

Yeas, 22:
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman Lundby
McCoy Quirmbach Ragan Seng
Stewart Warnstadt

 


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

 


Absent, none.

Amendment S-3282 lost.

Senator Holveck offered amendment S-3284, filed by Senator
Holveck, et al., from the floor to page 15 of the bill.

Senator Holveck asked and received unanimous consent to
withdraw amendment S-3284.

President Pro Tempore Angelo took the chair at 6:07 p.m.

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. 667), the vote was:

Yeas, 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

 


Nays, 21:
Beall Black 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.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 14.


Senate Concurrent Resolution 14

On motion of Senator Behn, Senate Concurrent Resolution 14,
a concurrent resolution urging congressional adoption of a free trade
agreement between Taiwan and the United States, with report of
committee recommending passage, was taken up for consideration.

Senator Behn asked and received unanimous consent that House
Concurrent Resolution 19 be substituted for Senate
Concurrent Resolution 14.

House Concurrent Resolution 19

On motion of Senator Behn, House Concurrent Resolution 19,
a concurrent resolution urging congressional adoption of a free trade
agreement between Taiwan and the United States, was taken up for
consideration.

Senator Behn moved the adoption of House Concurrent Resolution 19,
which motion prevailed by a voice vote.

WITHDRAWN

Senator Behn asked and received unanimous consent that Senate
Concurrent Resolution 14 be withdrawn from further
consideration of the Senate.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
House Concurrent Resolution 19 and House File 492 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 22, 2003, passed the following bills in which the concurrence of the
House was asked:


Senate File 173, a bill for an act authorizing school districts to
deduct and pay fees for membership in not-for-profit professional
education associations.

Senate File 375, a bill for an act relating to enforcement
enhancements relative to certain tobacco product manufacturers,
providing appropriations and penalties, and providing effective dates.

Senate File 438, a bill for an act relating to the establishment of
the office of grants enterprise management in the department of
management to assist the state in receiving more nonstate funds and
providing a standing limited appropriation.

ALSO: That the House has on April 22, 2003, amended and passed the following
bills in which the concurrence of the House was asked:

Senate File 354, a bill for an act implementing the federal Indian
Child Welfare Act. (S-3281)

Senate File 366, a bill for an act relating to the Iowa probate
code, including provisions relating to state inheritance, gift taxes, and
trusts and including an applicability date provision. (S-3283)

Senate File 402, a bill for an act relating to the admissibility of
prior criminal offenses into evidence in the prosecution of certain
sexual offenses. (S-3280)

ALSO: That the House has on April 22, 2003, passed the following bills in which
the concurrence of the Senate is asked:

House File 665, a bill for an act relating to property taxation of
certain lands leased to others by the department of corrections or
department of human services and providing for the Act’s
applicability.

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

House File 680, a bill for an act relating to licenses for bait
dealers by creating resident and nonresident wholesale bait dealer
licenses, providing reciprocity, and providing an effective date.

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

House File 684, a bill for an act relating to the revenue
estimating conference’s responsibilities and authority.

Read first time and referred to committee on Appropriations.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 6:43 p.m.
until 8:30 a.m. Wednesday, April 23, 2003.


APPENDIX — 2

REPORT OF COMMITTEE MEETING

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: April 21, 2003, 12:35 p.m.

Members Present: McKibben, Chair; Lamberti, Vice Chair; Warnstadt, Ranking
Member; Beall and Kettering.

Members Absent: None.

Committee Business: Passed the subcommittee appropriations bill (as amended).

Adjourned: 1:25 p.m.

INTRODUCTION OF BILL

Senate File 452, by committee on Appropriations, a bill for an act
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, and authorizing fees.

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

SUBCOMMITTEE ASSIGNMENT

Senate Resolution 36

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

COMMITTEE REPORT

APPROPRIATIONS

Final Bill Action: *SENATE FILE 452 (SSB 1203), a bill for an act 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, and authorizing fees.

Recommendation: APPROVED COMMITTEE BILL.


Final Vote: Ayes, 25: Lamberti, Kramer, Dvorsky, Behn, Black, Bolkcom, Connolly,
Dotzler, Fraise, Gaskill, Hatch, Horn, Houser, McKibben, McKinley, Miller, Schuerer,
Seng, Seymour, Shull, Sievers, Tinsman, Veenstra, Warnstadt, and Zieman. Nays,
none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Appropriations Committee on Senate File 452, and they
were attached to the committee report.

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on April 21,
2003, when the votes were taken on Senate File 386 and House Files 206, 400, 454, and
457. Had I been present, I would have voted “Yea” on all.

PAUL McKINLEY

MOTIONS TO RECONSIDER FILED

MADAM PRESIDENT: I move to reconsider the vote by which House File 667
passed the Senate on April 22, 2003.

JEFF LAMBERTI

ALSO:

MADAM PRESIDENT: I move to reconsider the vote by which House File 614
passed the Senate on April 22, 2003.

MARK ZIEMAN

BILLS SIGNED BY THE GOVERNOR

A communication was received announcing that on April 21, 2003,
the Governor approved and transmitted to the Secretary of State the
following bills:

S.F. 3 - Relating to the inclusion of certain information in a termination of
pregnancy report.

S.F. 119 - Relating to real estate appraiser certification.


S.F. 155 - Relating to statutory corrections which may adjust language to reflect
current practices, insert earlier omissions, delete redundancies and inaccuracies, delete
temporary language, resolve inconsistencies and conflicts, update ongoing provisions,
or remove ambiguities, and including effective and retroactive applicability date
provisions.

S.F. 201 - 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.

S.F. 236 - Relating to the time periods that unclaimed demutualization proceeds
and wages are presumed to be abandoned and providing an effective date.

S.F. 303 - Relating to the contents of certain child abuse assessment reports.

S.F. 395 - 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.

AMENDMENTS FILED

S-3264 H.F. 549 Mike Connolly
S-3265 S.F. 451 Eugene S. Fraise
Hubert Houser
Thomas G. Courtney
Keith A. Kreiman
Paul McKinley
John P. Kibbie
S-3266 H.F. 667 Doug Shull
S-3267 H.F. 667 Doug Shull
S-3268 H.F. 667 Doug Shull
Maggie Tinsman
Joe Bolkcom
Ken Veenstra
Jack Hatch
S-3269 H.F. 614 Maggie Tinsman
S-3270 S.F. 94 Steve Warnstadt
S-3271 S.F. 359 Jack Holveck
Keith A. Kreiman
S-3272 H.F. 667 Maggie Tinsman
S-3273 H.F. 667 Maggie Tinsman
S-3274 H.F. 667 Maggie Tinsman
S-3275 H.F. 595 Keith A. Kreiman
S-3276 H.F. 667 John Putney
Michael E. Gronstal

Mary A. Lundby
John P. Kibbie
S-3277 H.F. 450 Larry McKibben
Nancy Boettger
Herman C. Quirmbach
Jeff Lamberti
Donald B. Redfern
S-3278 H.F. 667 Jack Hatch
S-3279 H.F. 667 Jack Hatch
Amanda Ragan
Joe Bolkcom
Jack Holveck
Keith A. Kreiman
S-3280 S.F. 402 House
S-3281 S.F. 354 House
S-3282 H.F. 667 Jack Holveck
Keith A. Kreiman
Mike Connolly
John P. Kibbie
Eugene S. Fraise
Michael E. Gronstal
Amanda Ragan
Dennis H. Black
Joe Bolkcom
Roger Stewart
Herman C. Quirmbach
Thomas G. Courtney
Daryl Beall
Wally E. Horn
Robert E. Dvorsky
Dick L. Dearden
Joe M. Seng
William Dotzler
Jack Hatch
Steve Warnstadt
Matt McCoy
S-3283 S.F. 366 House
S-3284 H.F. 667 Jack Holveck
Eugene S. Fraise
Mike Connolly
Michael E. Gronstal

Keith A. Kreiman
Amanda Ragan
Dennis H. Black
Roger Stewart
Herman C. Quirmbach
Daryl Beall
John P. Kibbie
Steve Warnstadt
Robert E. Dvorsky
Joe M. Seng
Thomas G. Courtney
Jack Hatch
Joe Bolkcom
William Dotzler
Wally E. Horn
Dick L. Dearden
Matt McCoy

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Senate Journal: Index House Journal: Index
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