Senate Journal: Wednesday, April 23, 2003
JOURNAL OF THE SENATE
__________
ONE HUNDRED FIRST CALENDAR DAY
FIFTY-NINTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, April 23, 2003
The Senate met in regular session at 8:36 a.m., President Kramer
presiding.
Prayer was offered by Father John O’Connor, pastor of St. Boniface
Catholic and St. Peter and Paul Catholic Churches in New Vienna
and Dyersville, Iowa. He was the guest of Senator Hosch.
The Journal of Tuesday, April 22, 2003, was approved.
SPECIAL PRESENTATION
The West Des Moines Valley High School string bass ensemble
under the direction of Phil Peters performed their state contest
winning piece “Harlequin’s Dance.” Members of the ensemble
included Jason Bahr, Jon Ferguson, Allie Rowedder, Andy Swanson,
and Josh Waymire.
The Senate rose and expressed its appreciation.
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 343, a bill for an act relating to operation permits for
public disposal systems and providing an effective date.
Senate File 353, a bill for an act requiring establishment of
county child protection assistance teams.
Senate File 405, a bill for an act relating to the authority of a city
to acquire equity interests in business entities for the purpose of
participating in electric energy transmission service.
ALSO: That the House has on April 22, 2003, concurred in the Senate
amendment and passed the following bills in which the concurrence of the House was
asked:
House File 171, a bill for an act relating to nonsubstantive Code
corrections and including effective and retroactive applicability date
provisions.
House File 386, a bill for an act relating to the department of
elder affairs including provisions relating to the elder Iowans Act.
House File 404, a bill for an act authorizing a sentencing court to
issue no-contact orders against persons arrested for any public
offense.
House File 565, a bill for an act relating to the healthy and well
kids in Iowa program.
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.
House File 644, a bill for an act providing for manure application
requirements, providing for fees, making penalties applicable, and
providing an effective date.
ALSO: That the House has on April 22, 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 584, a bill for an act providing for exceptions to
municipal tort liability for certain activities. (S-3285)
ALSO: That the House has on April 22, 2003, passed the following bill in which
the concurrence of the Senate is asked:
House File 358, a bill for an act relating to life science enterprises
by providing for financing.
Read first time and referred to committee on Government
Oversight.
RECESS
On motion of Senator Iverson, the Senate recessed at 8:44 a.m.
until the completion of a meeting of the committee on Rules and
Administration.
RECONVENED
The Senate reconvened at 8:50 a.m., President Kramer presiding.
The Senate stood at ease 8:51 a.m. until the fall of the gavel for the
purposes of party caucuses.
The Senate resumed session at 10:53 a.m., President Kramer
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Behn, until he arrives, on request of Senator Redfern.
HOUSE AMENDMENT CONSIDERED
(Deferred April 22, 2003)
Senate File 359
The Senate resumed consideration of Senate File 359, a bill for
an act relating to landlords, tenants, and actions for forcible entry or
detention, and House amendment S-3251, deferred April 22, 2003.
Senator Holveck offered amendment S-3271, filed by Senators
Holveck and Kreiman on April 22, 2003, to page 2 of House
amendment S-3251, and moved its adoption.
Amendment S-3271 lost by a voice vote.
Senator Redfern 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 Redfern 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. 359), the vote was:
Yeas, 49:
Angelo | Beall | 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, 1:
Behn
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
UNFINISHED BUSINESS
Senate File 381
On motion of Senator Hosch, Senate File 381, a bill for an act
providing for a waiver of deadline requirements relating to whole-
grade sharing agreements in specified school districts, and providing
an effective date, placed on the Unfinished Business Calendar on
April 17, 2003, was taken up for consideration.
Senator Hosch asked and received unanimous consent that House
File 577 be substituted for Senate File 381.
House File 577
On motion of Senator Hosch, House File 577, a bill for an act
providing for a waiver of deadline requirements relating to whole-
grade sharing agreements in specified school districts, and providing
an effective date, was taken up for consideration.
Senator Hosch 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. 577), the vote was:
Yeas, 49:
Angelo | Beall | 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, 1:
Behn
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Hosch asked and received unanimous consent that
Senate File 381 be withdrawn from further consideration of the
Senate.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Gaskill asked and received unanimous consent to take up
for consideration House File 304.
House File 304
On motion of Senator Sievers, House File 304, a bill for an act
relating to the payment by a county of the agricultural land tax credit
and reimbursement to the county of its payment and providing an
effective date, with report of committee recommending passage, was
taken up for consideration.
Senator Sievers moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question “Shall the bill pass?” (H.F. 304), the vote was:
Yeas, 49:
Angelo | Beall | 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, 1:
Behn
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
House File 558
On motion of Senator Kreiman, House File 558, a bill for an act
authorizing the department of human services to disclose information
regarding the listing of an individual in the child or dependent abuse
registry or the sex offender registry when it is necessary for the
protection of a child or a dependent adult, placed on the Unfinished
Business Calendar on April 17, 2003, with report of committee
recommending passage, was taken up for consideration.
Senator Kreiman 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. 558), the vote was:
Yeas, 49:
Angelo | Beall | 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, 1:
Behn
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 359 and House Files 304, 558, and 577 be
immediately messaged to the House.
HOUSE AMENDMENT CONSIDERED
Senate File 366
Senator Kettering called up for consideration 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, amended by the House, and moved that
the Senate concur in House amendment S-3283, filed April 22, 2003.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Kettering 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. 366), the vote was:
Yeas, 49:
Angelo | Beall | 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, 1:
Behn
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 366 be immediately messaged to the House.
RECESS
On motion of Senator Gaskill, the Senate recessed at 11:34 a.m.
until 2:00 p.m.
AFTERNOON SESSION
The Senate reconvened at 2:00 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 23, 2003, adopted the following resolution in which the
concurrence of the House was asked:
Senate Concurrent Resolution 8, a concurrent resolution
supporting the completion of U.S. Highway 20 across northern Iowa
and requesting federal assistance.
ALSO: That the House has on April 23, 2003, passed the following bill in which
the concurrence of the Senate is asked:
House File 681, a bill for an act relating to tax credits and
associated refunds for cooperatives engaged in the production of
value-added agricultural products, and providing for its applicability.
Read first time and attached to similar Senate File 426.
The Senate stood at ease at 2:02 p.m. until the fall of the gavel for
the purposes of party caucuses.
The Senate resumed session at 3:30 p.m., President Pro Tempore
Angelo presiding.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on April 23, 2003, passed the following bill in which the concurrence of the
Senate is asked:
House File 679, a bill for an act relating to economic development
by modifying the new jobs and income program and the enterprise
zone program and providing a tax credit, and providing effective and
retroactive applicability dates.
Read first time and referred to committee on Ways and Means.
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.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Veenstra asked and received unanimous consent to take
up for consideration Senate File 451.
Senate File 451
On motion of Senator Shull, Senate File 451, 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, was taken up for
consideration.
Senator Fraise offered amendment S-3265, filed by Senator
Fraise, et al., on April 22, 2003, to pages 1-5 and to the title page of
the bill, and moved its adoption.
A nonrecord roll call was requested.
The ayes were 13, nays 26.
Amendment S-3265 lost.
Senator Fraise asked and received unanimous consent that action
on Senate File 451 be deferred.
HOUSE AMENDMENT CONSIDERED
Senate File 402
Senator McKibben called up for consideration 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, amended
by the House, and moved that the Senate concur in House
amendment S-3280, filed April 22, 2003.
A record roll call was requested.
On the question “Shall the motion to concur be adopted?”
(S.F. 402), 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 motion prevailed and the Senate concurred in the House
amendment.
Senator McKibben 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. 402), 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 Boettger asked and received unanimous consent that
Senate File 402 be immediately messaged to the House.
HOUSE AMENDMENT CONSIDERED
Senate File 354
Senator Veenstra called up for consideration Senate File 354, a
bill for an act implementing the federal Indian Child Welfare Act,
amended by the House, and moved that the Senate concur in House
amendment S-3281, filed April 22, 2003.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Veenstra 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. 354), 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 Boettger asked and received unanimous consent that
Senate File 354 be immediately messaged to the House.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration Senate File 444.
Senate File 444
On motion of Senator Hosch, Senate File 444, a bill for an act
relating to the requirements for receiving a property tax exemption
for open prairies and wildlife habitats and including an applicability
date provision, was taken up for consideration.
Senator Dotzler asked and received unanimous consent that action
on Senate File 444 be deferred.
UNFINISHED BUSINESS
House File 650
On motion of Senator Boettger, House File 650, a bill for an act
relating to the assessment of a correctional fee by a county or
municipality, and to the prosecution of certain criminal offenses
committed in a municipality located in two or more counties, placed
on the Unfinished Business Calendar on April 17, 2003, with report of
committee on Judiciary recommending passage and report of
committee on Ways and Means recommending amendment and
passage, was taken up for consideration.
Senator McKibben asked and received unanimous consent to
withdraw amendment S-3245, filed by the committee on Ways and
Means on April 16, 2003, to page 4 of the bill.
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. 650), 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
(Ways and Means Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration Senate File 443.
Senate File 443
On motion of Senator McKinley, Senate File 443, a bill for an act
relating to criteria for community-based seed capital funds and
providing a retroactive applicability date, 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?” (S.F. 443), 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 Boettger asked and received unanimous consent that
Senate File 443 and House File 650 be immediately messaged to
the House.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration Senate Resolution 30.
Senate Resolution 30
On motion of Senator Iverson, Senate Resolution 30, a
resolution relating to the shortage of nursing home administrators
and requesting the State Board of Examiners for Nursing Home
Administrators to make recommendations for addressing the
shortage, with report of committee recommending passage, was taken
up for consideration.
Senator Iverson moved the adoption of Senate Resolution 30,
which motion prevailed by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Redfern, until he returns, on request of Senator Behn.
BUSINESS PENDING
Senate File 451
The Senate resumed consideration of Senate File 451, a bill or 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, previously deferred.
Senator Fraise offered amendment S-3293, filed by him from the
floor to page 1 of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3293 be adopted?” (S.F. 451),
the vote was:
Yeas, 14:
Bolkcom | Connolly | Courtney | Dvorsky |
Fraise | Hatch | Horn | Houser |
Kibbie | Kreiman | McKinley | Quirmbach |
Stewart | Tinsman |
|
Nays, 35:
Angelo Beall Behn Black
Boettger Brunkhorst Dearden Dotzler
Drake Gaskill Gronstal Holveck
Hosch Iverson Johnson Kettering
Kramer Lamberti Larson Lundby
McCoy McKibben Miller Putney
Ragan Rehberg Schuerer Seng
Seymour Shull Sievers Veenstra
Warnstadt Wieck Zieman
|
Absent, 1:
Redfern
Amendment S-3293 lost.
Senator Courtney offered amendment S-3257, filed by him on
April 21, 2003, to page 2 of the bill, and moved its adoption.
Amendment S-3257 lost by a voice vote.
Senator Courtney offered amendment S-3258, filed by him on
April 21, 2003, to page 2 of the bill, and moved its adoption.
Amendment S-3258 lost by a voice vote.
Senator Houser offered amendment S-3286, filed by Senators
Houser and McKinley from the floor to page 2 of the bill, and moved
its adoption.
A record roll call was requested.
On the question “Shall amendment S-3286 be adopted?” (S.F. 451),
the vote was:
Yeas, 16:
Bolkcom | Courtney | Dvorsky | Fraise |
Hatch | Horn | Houser | Kettering |
Kibbie | Kreiman | McKinley | Miller |
Ragan | Rehberg | Seymour | Tinsman |
|
Nays, 34:
Angelo Beall Behn Black
Boettger Brunkhorst Connolly Dearden
Dotzler Drake Gaskill Gronstal
Holveck Hosch Iverson Johnson
Kramer Lamberti Larson Lundby
McCoy McKibben Putney Quirmbach
Redfern Schuerer Seng Shull
Sievers Stewart Veenstra Warnstadt
Wieck Zieman
|
Absent, none.
Amendment S-3286 lost.
Senator Kreiman asked and received unanimous consent that
action on Senate File 451 be deferred.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator McCoy, until he returns, on request of Senator Dvorsky.
UNFINISHED BUSINESS
House File 225
On motion of Senator Schuerer, House File 225, a bill for an act
modifying workers’ compensation laws and providing an effective
date, placed on the Unfinished Business Calendar on April 17, 2003,
with report of committee recommending passage, was taken up for
consideration.
Senator Schuerer 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. 225), 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 Senate File 452.
Senate File 452
On motion of Senator McKibben, Senate File 452, 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, was taken up for
consideration.
Senator McKibben offered amendment S-3288, filed by him from
the floor to pages 1, 4, and 12 of the bill, and moved its adoption.
Amendment S-3288 was adopted by a voice vote.
Senator Lundby offered amendment S-3295, filed by Senator
Lundby, et al., from the floor to page 3 of the bill, and moved its
adoption.
Amendment S-3295 was adopted by a voice vote.
Senator Connolly offered amendment S-3296, filed by him from
the floor to page 5 of the bill, and moved its adoption.
Amendment S-3296 was adopted by a voice vote.
Senator Zieman asked and received unanimous consent to
withdraw amendment S-3289, filed by Senator Zieman, et al., from
the floor to page 5 of the bill.
With the withdrawal of amendment S-3289, the Chair ruled
amendment S-3297, filed by Senator Dotzler from the floor to page 1
of amendment S-3289 out of order.
Senator Zieman offered amendment S-3292, filed by Senators
Zieman and Lamberti from the floor to page 5 of the bill.
Senator Dotzler offered amendment S-3298, filed by him from the
floor to page 1 of amendment S-3292, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3298 to amendment S-3292
be adopted?” (S.F. 452), the vote was:
Yeas, 22:
Beall | Black | Bolkcom | Connolly |
Courtney | Dearden | Dotzler | Dvorsky |
Fraise | Gronstal | Hatch | Holveck |
Horn | Kibbie | Kreiman | McCoy |
Miller | Quirmbach | Ragan | Seng |
Stewart | Warnstadt |
|
Nays, 28:
Angelo Behn Boettger Brunkhorst
Drake Gaskill Hosch Houser
Iverson Johnson Kettering Kramer
Lamberti Larson Lundby McKibben
McKinley Putney Redfern Rehberg
Schuerer Seymour Shull Sievers
Tinsman Veenstra Wieck Zieman
|
Absent, none.
Amendment S-3298 lost.
Senator Zieman moved the adoption of amendment S-3292.
A record roll call was requested.
On the question “Shall amendment S-3292 be adopted?” (S.F. 452),
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.
Amendment S-3292 was adopted.
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. 452), 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 | Quirmbach | Ragan |
Redfern | Rehberg | Schuerer | Seng |
Seymour | Shull | Sievers | Stewart |
Tinsman | Veenstra | Warnstadt | Wieck |
Zieman |
|
Nays, none.
Present, 1:
Putney
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 7:04 p.m.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
House File 225 be immediately messaged to the House.
BUSINESS PENDING
Senate File 451
The Senate resumed consideration of Senate File 451, 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,
previously deferred.
Senator Kreiman offered amendment S-3299, filed by him from
the floor to page 5 of the bill, and moved its adoption.
Amendment S-3299 lost 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?” (S.F. 451), the vote was:
Yeas, 43:
Angelo | Beall | Behn | Black |
Boettger | Brunkhorst | Connolly | Dearden |
Dotzler | Drake | Gaskill | Gronstal |
Hatch | Holveck | Horn | Hosch |
Iverson | Johnson | Kettering | Kibbie |
Kramer | Lamberti | Larson | Lundby |
McCoy | McKibben | Miller | Putney |
Quirmbach | Ragan | Redfern | Rehberg |
Schuerer | Seng | Seymour | Shull |
Sievers | Stewart | Tinsman | Veenstra |
Warnstadt | Wieck | Zieman |
|
Nays, 7:
Bolkcom Courtney Dvorsky Fraise
Houser Kreiman McKinley
|
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 451 be immediately messaged to the House.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on April 23, 2003, passed the following bill in which the concurrence of the
Senate is asked:
House File 675, a bill for an act relating to the regulation of elder
family homes, elder group homes, and assisted living programs,
providing for fees, and providing penalties.
Read first time and referred to committee on Government
Oversight.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 7:20 p.m.
until 8:30 a.m. Thursday, April 24, 2003.
APPENDIX
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 23, 2003
AUDITOR OF STATE
Single Audit Report of the State of Iowa for the FY ended June 30, 2002.
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Myrtle Alsin, Madrid — For celebrating your 103rd birthday on April 18, 2003.
Senator Quirmbach (4/23/03).
Nancy Chapmen, Creston — For being named the Wal-Mart 2003 Teacher of the
Year. Senator Angelo (4/23/03).
Donald and Betty Hanson, Roland — For celebrating your 60th wedding
anniversary on April 25, 2003. Senator Iverson (4/23/03).
REPORT OF COMMITTEE MEETING
RULES AND ADMINISTRATION
Convened: April 23, 2003, 8:30 a.m.
Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Courtney, Dvorsky, Gaskill, Putney, Ragan, and Sievers.
Members Absent: Boettger and Drake (both excused).
Committee Business: Passed SCR 17 and SRs 33, 34, 35, and 36.
Adjourned: 8:35 a.m.
STUDY BILLS RECEIVED
SSB 1204 Appropriations
Relating to and making appropriations from the healthy Iowans
tobacco trust and the tobacco settlement trust fund.
SSB 1205 Appropriations
Relating to state and local government financial and regulatory
matters, making and reducing appropriations, providing a fee, and
providing applicability and effective dates.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 35
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
House File 665
WAYS AND MEANS: Connolly, Chair; McKinley and Shull
House File 680
WAYS AND MEANS: Dotzler, Chair; McKibben and Rehberg
House File 682
APPROPRIATIONS: Gaskill, Chair; Connolly and Houser
House File 684
APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer
SSB 1204
APPROPRIATIONS: Kramer, Chair; Bolkcom and Lamberti
SSB 1205
APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer
COMMITTEE REPORTS
RULES AND ADMINISTRATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 17, a concurrent
resolution supporting the widening, improvement, and enhancement of U.S. Highway 30
across central Iowa and requesting federal assistance.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Courtney, Dvorsky, Gaskill, Putney,
Ragan, and Sievers. Nays, none. Absent, 2: Boettger and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 33, a resolution honoring the city of
St. Ansgar and the First Lutheran Church on their sesquicentennial year.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Courtney, Dvorsky, Gaskill, Putney,
Ragan, and Sievers. Nays, none. Absent, 2: Boettger and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 34, a resolution urging the United States
Postal Service to issue a commemorative postage stamp honoring America’s coal
miners.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Courtney, Dvorsky, Gaskill, Putney,
Ragan, and Sievers. Nays, none. Absent, 2: Boettger and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 35, a resolution calling for the observance
of Workers Memorial Day.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Courtney, Dvorsky, Gaskill, Putney,
Ragan, and Sievers. Nays, none. Absent, 2: Boettger and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 36, a resolution honoring the Iowa
members of the United States Naval Armed Guard who served during World War II.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Kramer, Gronstal, Courtney, Dvorsky, Gaskill, Putney,
Ragan, and Sievers. Nays, none. Absent, 2: Boettger and Drake.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
MOTION TO RECONSIDER FILED
MADAM PRESIDENT: I move to reconsider the vote by which Senate File 452
passed the Senate on April 23, 2003.
JEFF LAMBERTI
AMENDMENTS FILED
S-3285 H.F. 584 House
S-3286 S.F. 451 Hubert Houser
Paul McKinley
S-3287 S.F. 426 Joe M. Seng
S-3288 S.F. 452 Larry McKibben
S-3289 S.F. 452 Mark Zieman
Mary Kramer
Stewart Iverson, Jr.
Nancy J. Boettger
Jeff Angelo
Ron Wieck
Kenneth Veenstra
Steve Kettering
James Seymour
Larry McKibben
Charles W. Larson, Jr.
David Johnson
John Putney
Neal Schuerer
Paul McKinley
Julie Hosch
Bryan J. Sievers
E. Thurman Gaskill
Richard F. Drake
Doug Shull
Donald B. Redfern
Kitty Rehberg
Jeff Lamberti
S-3290 H.F. 543 Mary A. Lundby
S-3291 H.F. 543 Mary A. Lundby
S-3292 S.F. 452 Mark Zieman
Jeff Lamberti
S-3293 S.F. 451 Eugene S. Fraise
S-3294 S.F. 449 Daryl Beall
John P. Kibbie
Joe Bolkcom
Jack Hatch
Bryan J. Sievers
S-3295 S.F. 452 Mary A. Lundby
Robert E. Dvorsky
Wally E. Horn
Charles W. Larson, Jr.
S-3296 S.F. 452 Mike Connolly
S-3297 S.F. 452 William Dotzler
S-3298 S.F. 452 William Dotzler
S-3299 S.F. 451 Keith A. Kreiman
S-3300 S.F. 448 Charles W. Larson, Jr.
Robert E. Dvorsky
Keith A. Kreiman
© 2003 Cornell College and
League of Women Voters of Iowa
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