Senate Journal: Thursday, April 24, 2003
JOURNAL OF THE SENATE
__________
ONE HUNDRED SECOND CALENDAR DAY
SIXTIETH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, April 24, 2003
The Senate met in regular session at 8:25 a.m., Senator Sievers
presiding.
Prayer was offered by the following seventh and eighth grade
students from Ocheyedan Christian School: Tricia Beltman, Matthew
Berends, Levi Bootsma, Kelly Slagter, Mitchell Tiedeman, Tessa
Vande Hoef, and Brittany Weg. They were the guests of Senator
Johnson.
The Journal of Wednesday, April 23, 2003, was approved.
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, amended and passed the following bill in which the
concurrence of the House was asked:
Senate File 422, a bill for an act relating to the criminal
sentencing and procedure by modifying the penalties for certain
offenses related to controlled substances, modifying dissemination of
sex offender registry information and residence restrictions for a sex
offender, repealing certain determinate sentences, changing the
parole and work release eligibility of a person serving a sentence that
requires a maximum accumulation of earned time credits of fifteen
percent of the total term of confinement and by permitting the
reopening of such a sentence, providing a penalty, and providing an
effective date. (S-3301)
The Senate stood at ease at 8:55 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 10:17 a.m. Senator Behn 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, concurred in the Senate amendment and passed the
following bills in which the concurrence of the House was asked:
House File 457, a bill for an act expanding requirements for the
transition of an individual from the child welfare services system to
adulthood.
House File 560, a bill for an act relating to medical assistance
home and community-based services waivers.
ALSO: That the House has on April 23, 2003, passed the following bills in which
the concurrence of the Senate is asked:
House File 668, a bill for an act creating a university-based
research utilization program, providing tax credits, and making
appropriations.
Read first time and referred to committee on Ways and Means.
House File 672, a bill for an act relating to the regulation of adult
day services, providing for penalties, and providing an effective date.
Read first time and referred to committee on Government
Oversight.
House File 687, a bill for an act providing a sales and use tax
exemption for soy-based railroad rail lubricants.
Read first time and referred to committee on Ways and Means.
RECESS
On motion of Senator Sievers, the Senate recessed at 10:19 a.m.
until 2:30 p.m.
APPENDIX — 1
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: April 24, 2003, 10:20 a.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: Passed HF 682 and approved SSBs 1204 and 1205.
Recessed: 11:55 a.m.
Reconvened: 3:35 p.m.
Adjourned: 3:40 p.m.
COMMERCE
Convened: April 24, 2003, 1:10 p.m.
Members Present: Angelo, Chair; Wieck, Vice Chair; Warnstadt, Ranking Member;
Beall, Behn, Bolkcom, Brunkhorst, Gronstal, Kettering, Larson, McCoy, Redfern,
Schuerer, Sievers, and Stewart.
Members Absent: None.
Committee Business: Approved SSB 1206.
Adjourned: 4:00 p.m.
WAYS AND MEANS
Convened: April 24, 2003, 1:45 p.m.
Members Present: McKibben, Chair; Shull, Vice Chair; Bolkcom, Ranking Member;
Angelo, Connolly, Dotzler, Hosch, Larson, McCoy, McKinley, Miller, Quirmbach,
Rehberg, Seng, Sievers, and Stewart.
Members Absent: Lamberti (excused).
Committee Business: Passed SF 115 and HFs 665, 671, and 680. Approved SSB 1199.
Adjourned: 3:20 p.m.
INTRODUCTION OF RESOLUTION
Senate Resolution 37, by Warnstadt, a resolution honoring
Mr. Larry Kisor for his success in directing the Sioux City North High
School Jazz Band.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILL
Senate File 454, by committee on Appropriations, a bill for an act
relating to and making appropriations from the healthy Iowans
tobacco trust and the tobacco settlement trust fund.
Read first time under Rule 28 and placed on Appropriations
calendar.
STUDY BILL RECEIVED
SSB 1206 Commerce
Nullifying amendments to administrative rules of the
environmental protection commission of the department of natural
resources relating to ammonia and hydrogen sulfide ambient air
regulations and providing an effective date.
SUBCOMMITTEE ASSIGNMENTS
House File 358
GOVERNMENT OVERSIGHT: Wieck, Chair; Dvorsky and Lundby
House File 668
WAYS AND MEANS: Rehberg, Chair; Bolkcom and McKibben
House File 675
GOVERNMENT OVERSIGHT: Lundby, Chair; Brunkhorst and Dvorsky
House File 679
WAYS AND MEANS: Angelo, Chair; Dotzler and McKinley
House File 687
WAYS AND MEANS: Sievers, Chair; McKibben and Stewart
SSB 1206
COMMERCE: Wieck, Chair; Larson and Warnstadt
COMMITTEE REPORTS
APPROPRIATIONS
Final Bill Action: SENATE FILE 453 (SSB 1205), a bill for an act relating to state
and local government financial and regulatory matters, making and reducing
appropriations, providing a fee, and providing applicability and effective dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Lamberti, Kramer, Behn, Gaskill, Houser, McKibben,
McKinley, Schuerer, Seymour, Shull, Sievers, Tinsman, Veenstra, and Zieman. Nays, 10:
Dvorsky, Black, Bolkcom, Connolly, Dotzler, Fraise, Hatch, Horn, Seng, and
Warnstadt. Present, 1: Miller. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 454 (SSB 1204), a bill for an act relating to and
making appropriations from the healthy Iowans tobacco trust and the tobacco
settlement trust fund.
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.
ALSO:
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 24: Lamberti, Kramer, Dvorsky, Behn, Black, Bolkcom, Connolly,
Dotzler, Fraise, Gaskill, Hatch, Horn, Houser, McKibben, McKinley, Schuerer, Seng,
Seymour, Shull, Sievers, Tinsman, Veenstra, Warnstadt, and Zieman. Nays, none.
Present, 1: Miller. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
COMMERCE
Final Bill Action: SENATE JOINT RESOLUTION 5 (SSB 1206), a joint resolution
nullifying amendments to administrative rules of the environmental protection
commission of the department of natural resources relating to ammonia and hydrogen
sulfide ambient air regulations and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Angelo, Wieck, Warnstadt, Behn, Brunkhorst, Kettering,
Larson, Redfern, Schuerer, Sievers, and Stewart. Nays, 3: Beall, Bolkcom, and
Gronstal. Present, 1: McCoy. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
WAYS AND MEANS
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 15: McKibben, Bolkcom, Angelo, Connolly, Dotzler, Hosch, Larson,
McCoy, McKinley, Miller, Quirmbach, Rehberg, Seng, Sievers, and Stewart. Nays,
none. Absent, 2: Shull and Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 671, a bill for an act relating to the recycling
property exemption from property tax and including an applicability date.
Recommendation: DO PASS.
Final Vote: Ayes, 16: McKibben, Shull, Bolkcom, Angelo, Connolly, Dotzler, Hosch,
Larson, McCoy, McKinley, Miller, Quirmbach, Rehberg, Seng, Sievers, and Stewart.
Nays, none. Absent, 1: Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 15: McKibben, Bolkcom, Angelo, Connolly, Dotzler, Hosch, Larson,
McCoy, McKinley, Miller, Quirmbach, Rehberg, Seng, Sievers, and Stewart. Nays,
none. Absent, 2: Shull and Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
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 24th day
of April, 2003:
Senate Files 172, 230, 351, 379, 386, 392, and 397.
MICHAEL E. MARSHALL
Secretary of the Senate
RECONVENED
The Senate reconvened at 4:34 p.m., Senator Sievers presiding.
INTRODUCTION OF BILL
Senate File 453, by committee on Appropriations, a bill for an act
relating to state and local government financial and regulatory
matters, making and reducing appropriations, providing a fee, and
providing applicability and effective dates.
Read first time and placed on Appropriations calendar.
QUORUM CALL
Senator Veenstra requested a nonrecord roll call to determine that
a quorum was present.
The vote revealed 41 present, 9 absent, and a quorum present.
The Senate stood at ease at 4:47 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.
The Senate resumed session at 5:45 p.m., Senator Boettger
presiding.
INTRODUCTION OF RESOLUTION
Senate Joint Resolution 5, by committee on Commerce, a joint
resolution nullifying amendments to administrative rules of the
environmental protection commission of the department of natural
resources relating to ammonia and hydrogen sulfide ambient air
regulations and providing an effective date.
Read first time and placed on calendar.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Dearden, for the remainder of the day, on request of Senator Gronstal; and
Senator Houser, until he arrives, on request of Senator Veenstra.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 426.
Senate File 426
On motion of Senator Seng, Senate File 426, 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, was taken up for consideration.
Senator Seng offered amendment S-3287, filed by him on
April 23, 2003, striking everything after the enacting clause of the
bill, and moved its adoption.
A nonrecord roll call was requested.
The ayes were 31, nays 2.
Amendment S-3287 was adopted.
Senator Seng asked and received unanimous consent that House
File 681 be substituted for Senate File 426.
House File 681
On motion of Senator Seng, 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, was taken up for consideration.
Senator Seng 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. 681), the vote was:
Yeas, 48:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | 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, 2:
Dearden Houser
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Seng asked and received unanimous consent that Senate
File 426 be withdrawn from further consideration of the Senate.
UNFINISHED BUSINESS
(Deferred April 23, 2003)
Senate File 444
The Senate resumed consideration of 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, deferred April 23, 2003.
Senator Dotzler offered amendment S-3304, filed by Senators
Dotzler, Black, and Hosch from the floor to pages 1-3 of the bill, and
moved its adoption.
Amendment S-3304 was adopted by a voice vote.
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?” (S.F. 444), the vote was:
Yeas, 48:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | 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, 2:
Dearden Houser
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
HOUSE AMENDMENT TO
SENATE AMENDMENT CONSIDERED
House File 584
Senator Miller called up for consideration, House File 584, a bill
for an act providing for exceptions to municipal tort liability for
certain activities, amended by the Senate, further amended by the
House, and moved that the Senate concur in House amendment
S-3285 to Senate amendment H-1337, filed April 23, 2003.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment to the Senate amendment.
Senator Miller moved that the bill, as amended by the Senate,
further 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?” (H.F. 584), the vote was:
Yeas, 47:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Iverson |
|
Johnson | Kettering | Kibbie | Kramer |
|
Kreiman | Lamberti | Larson | Lundby |
|
McCoy | McKibben | McKinley | Miller |
|
Putney | Ragan | Redfern | Rehberg |
|
Schuerer | Seng | Seymour | Shull |
|
Sievers | Stewart | Tinsman | Veenstra |
|
Warnstadt | Wieck | Zieman |
|
|
Nays, 1:
Absent, 2:
Dearden Houser
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
President Kramer took the chair at 6:13 p.m.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Veenstra asked and received unanimous consent to take
up for consideration Senate File 448.
Senate File 448
On motion of Senator Larson, Senate File 448, a bill for an act
relating to the department of corrections and its duties regarding
treatment and education of inmates at various correctional facilities,
release of presentence reports, optional inmate treatment and
education provision, expansion of and appeals regarding earned time
credits, change to the inmate savings and inmate telephone rebate
fund, and payment of supervision fees, was taken up for
consideration.
Senator Larson offered amendment S-3300, filed by Senators
Larson, Dvorsky, and Kreiman on April 23, 2003, to pages 1, 5, 8, 9,
and to the title page of the bill, and moved its adoption.
Amendment S-3300 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?” (S.F. 448), the vote was:
Yeas, 48:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | 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, 2:
Dearden Houser
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 Veenstra asked and received unanimous consent to take
up for consideration Senate File 449.
Senate File 449
On motion of Senator Shull, Senate File 449, a bill for an act
providing a wind energy production tax credit under the individual
and corporate income taxes, the franchise tax, and insurance
premiums tax and including an applicability date provision, was
taken up for consideration.
Senator Lundby asked and received unanimous consent that action
on Senate File 449 be deferred.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Files 444 and 448 and House Files 584 and 681 be
immediately messaged to the House.
CONSIDERATION OF BILL
(Ways and Means Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 654.
House File 654
On motion of Senator Miller, House File 654, a bill for an act
relating to the exemption of sand handling and core and mold making
equipment used in the mold making process from sales and use taxes,
providing refunds, and including effective and retroactive
applicability date provisions, with report of committee recommending
passage, was taken up for consideration.
Senator Miller asked and received unanimous consent to withdraw
amendment S-3259, filed by Senator Miller, et al., on April 21, 2003,
to page 1 and to the title page of the bill.
Senator Miller offered amendment S-3309, filed by Senator Miller,
et al., from the floor to page 1 of the bill, and moved its adoption.
Amendment S-3309 was adopted by a voice vote.
Senator Miller moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question “Shall the bill pass?” (H.F. 654), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | 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:
Dearden
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
House File 455
On motion of Senator Tinsman, House File 455, a bill for an act
requiring licensed health-related professionals to report certain burn
injuries to a law enforcement agency, placed on the Unfinished
Business Calendar on April 17, 2003, with report of committee
recommending passage, was taken up for consideration.
Senator Quirmbach offered amendment S-3305, filed by him from
the floor to page 1 of the bill, and moved its adoption.
Amendment S-3305 lost by a voice vote.
Senator Quirmbach offered amendment S-3314, filed by him from
the floor to page 1 of the bill, and moved its adoption.
Amendment S-3314 lost 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. 455), the vote was:
Yeas, 48:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
Lundby | McCoy | McKibben | McKinley |
|
Miller | Putney | Ragan | Redfern |
|
Rehberg | Schuerer | Seng | Seymour |
|
Shull | Sievers | Stewart | Tinsman |
|
Veenstra | Warnstadt | Wieck | Zieman |
|
|
Nays, 1:
Absent, 1:
Dearden
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 Joint Resolution 5.
Senate Joint Resolution 5
On motion of Senator Wieck, Senate Joint Resolution 5, a joint
resolution nullifying amendments to administrative rules of the
environmental protection commission of the department of natural
resources relating to ammonia and hydrogen sulfide ambient air
regulations and providing an effective date, was taken up for
consideration.
POINT OF ORDER
Senator Black requested a nonrecord roll call to determine that a
quorum was present.
The vote revealed 40 present, 10 absent, and a quorum present.
BUSINESS PENDING
Senate Joint Resolution 5
The Senate resumed consideration of Senate Joint Resolution 5.
Senator Bolkcom asked and received unanimous consent that
action on Senate Joint Resolution 5 be deferred.
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 24, 2003, passed the following bills in which the concurrence of the
House was asked:
Senate File 275, a bill for an act relating to the taxation of
utilities, including establishment of a natural gas delivery tax rate for
new electric power generating plants, establishment of a replacement
transmission tax for certain municipal utilities, methods of allocation
of replacement generation tax incurred by certain new stand-alone
electric power generating plants, a formula for determining taxable
value for property generating replacement tax annually, extending
the task force, and providing for applicability.
Senate File 417, a bill for an act relating to the purchase of a
police service dog by the department of corrections.
ALSO: That the House has on April 24, 2003, concurred in the Senate
amendment and passed the following bill in which the concurrence of the House was
asked:
House File 454, a bill for an act relating to mandatory universal
newborn and infant hearing screening.
ALSO: That the House has on April 24, 2003, amended and passed the following
bill in which the concurrence of the House was asked:
Senate File 368, a bill for an act relating to advanced
telecommunications services, including modification of rate
provisions, economic development promotional certification, and a
study of competition and access charges by the utilities board.
(S-3315)
ALSO: That the House has on April 24, 2003, passed the following bills in which
the concurrence of the Senate is asked:
House File 677, a bill for an act relating to new capital
investment for businesses and new jobs by creating a new capital
investment program, creating tax incentives, and amending the new
jobs and income program.
Read first time and referred to committee on Ways and Means.
House File 685, a bill for an act relating to and making
appropriations from the healthy Iowans tobacco trust and the tobacco
settlement trust fund.
Read first time and attached to similar Senate File 454.
HOUSE AMENDMENT CONSIDERED
Senate File 368
Senator Angelo called up for consideration Senate File 368, a bill
for an act relating to advanced telecommunications services,
including modification of rate provisions, economic development
promotional certification, and a study of competition and access
charges by the utilities board, amended by the House, and moved that
the Senate concur in House amendment S-3315, filed April 24, 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. 368), the vote was:
Yeas, 38:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hosch |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kreiman | Lamberti | Larson | Lundby |
|
McCoy | McKibben | Putney | Ragan |
|
Redfern | Schuerer | Seng | Shull |
|
Sievers | Stewart | Veenstra | Warnstadt |
|
Wieck | Zieman |
|
|
Nays, 11:
|
Hatch Holveck Horn Houser
Kramer McKinley Miller Quirmbach
Rehberg Seymour Tinsman
|
Absent, 1:
Dearden
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
BUSINESS PENDING
Senate File 449
The Senate resumed consideration of Senate File 449, a bill for
an act providing a wind energy production tax credit under the
individual and corporate income taxes, the franchise tax, and
insurance premiums tax and including an applicability date
provision, previously deferred.
Senator Shull offered amendment S-3303, filed by him from the
floor to page 1 of the bill, and moved its adoption.
Amendment S-3303 was adopted by a voice vote.
Senator Beall offered amendment S-3294, filed by Senator Beall,
et al., on April 23, 2003, to page 2 of the bill, and moved its adoption.
Amendment S-3294 was adopted by a voice vote.
Senator Sievers offered amendment S-3302, filed by him from the
floor to page 5 of the bill, and moved its adoption.
Amendment S-3302 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?” (S.F. 449), the vote was:
Yeas, 47:
|
Angelo | Beall | Behn | Black |
|
Boettger | Bolkcom | Brunkhorst | Connolly |
|
Courtney | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
McCoy | McKibben | Miller | Putney |
|
Quirmbach | Ragan | Redfern | Rehberg |
|
Schuerer | Seng | Seymour | Shull |
|
Sievers | Stewart | Tinsman | Veenstra |
|
Warnstadt | Wieck | Zieman |
|
|
Nays, none.
Absent, 3:
Dearden Lundby McKinley
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
The Senate stood at ease at 7:53 p.m. until the fall of the gavel for
the purpose of a Republican caucus.
The Senate resumed session at 9:20 p.m., President Kramer
presiding.
QUORUM CALL
Senator Putney requested a nonrecord roll call to determine that a
quorum was present.
The vote revealed 35 present, 15 absent, and a quorum present.
Senator Behn took the chair at 9:25 p.m.
HOUSE AMENDMENT CONSIDERED
Senate Concurrent Resolution 2
Senator Kramer called up for consideration Senate Concurrent
Resolution 2, a concurrent resolution relating to the compensation of
chaplains, officers and employees of the eightieth general assembly,
amended by the House, and moved that the Senate concur in House
amendment S-3080, filed March 24, 2003.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Kramer moved the adoption of Senate Concurrent
Resolution 2, as amended by the House and concurred in by the
Senate, which motion prevailed by a voice vote.
President Kramer took the chair at 9:34 p.m.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 453.
Senate File 453
On motion of Senator Lamberti, Senate File 453, a bill for an act
relating to state and local government financial and regulatory
matters, making and reducing appropriations, providing a fee, and
providing applicability and effective dates, was taken up for
consideration.
Senator Miller offered amendment S-3308, filed by Senators
Miller and Brunkhorst from the floor to page 4 of the bill.
The Senate stood at ease at 10:02 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.
The Senate resumed session at 10:18 p.m., President Kramer
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Lundby, until she returns, on request of Senator Brunkhorst.
BUSINESS PENDING
Senate File 453
The Senate resumed consideration of Senate File 453.
Senator Miller moved the adoption of amendment S-3308.
A record roll call was requested.
On the question “Shall amendment S-3308 be adopted?” (S.F. 453),
the vote was:
Rule 23, requiring all senators present to vote except those who
express a conflict of interest, was invoked.
Yeas, 18:
|
Black | Brunkhorst | Hosch | Houser |
|
Kreiman | Larson | McKinley | Miller |
|
Putney | Quirmbach | Rehberg | Seng |
|
Seymour | Sievers | Veenstra | Warnstadt |
|
Wieck | Zieman |
|
|
Nays, 30:
|
Angelo Beall Behn Boettger
Bolkcom Connolly Courtney Dotzler
Drake Dvorsky Fraise Gaskill
Gronstal Hatch Holveck Horn
Iverson Johnson Kettering Kibbie
Kramer Lamberti McCoy McKibben
Ragan Redfern Schuerer Shull
Stewart Tinsman
|
Absent, 2:
Dearden Lundby
Amendment S-3308 lost.
Senator Putney withdrew amendment S-3306, filed by him from
the floor to pages 5 and 6 of the bill.
Senator Putney asked and received unanimous consent to
withdraw amendment S-3307, filed by Senators Putney and Kreiman
from the floor to pages 5 and 6 of the bill.
Senator Hatch offered amendment S-3312, filed by Senator Hatch,
et al., from the floor to pages 19 and 21 of the bill, and moved its
adoption.
Amendment S-3312 was adopted by a voice vote.
Senator Hatch offered amendment S-3311, filed by Senator Hatch,
et al., from the floor to pages 30 and 31 of the bill.
Senator McKibben took the chair at 11:30 p.m.
President Kramer took the chair at 11:35 p.m.
The Senate stood at ease at 12:04 a.m. until the fall of the gavel for
the purpose of a Democratic caucus.
The Senate resumed session at 12:36 a.m., President Kramer
presiding.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Brunkhorst and Miller, until they return, on request of Senator Veenstra.
BUSINESS PENDING
Senate File 453
The Senate resumed consideration of Senate File 453.
Senator Hatch moved the adoption of amendment S-3311.
A record roll call was requested.
On the question “Shall amendment S-3311 be adopted?” (S.F. 453),
the vote was:
Yeas, 20:
|
Beall | Black | Bolkcom | Connolly |
|
Courtney | Dotzler | Dvorsky | Fraise |
|
Gronstal | Hatch | Holveck | Horn |
|
Kibbie | Kreiman | McCoy | Quirmbach |
|
Ragan | Seng | Stewart | Warnstadt |
|
|
Nays, 26:
|
Angelo Behn Boettger Drake
Gaskill Hosch Houser Iverson
Johnson Kettering Kramer Lamberti
Larson McKibben McKinley Putney
Redfern Rehberg Schuerer Seymour
Shull Sievers Tinsman Veenstra
Wieck Zieman
|
Absent, 4:
Brunkhorst Dearden Lundby Miller
Amendment S-3311 lost.
Senator Shull asked and received unanimous consent to withdraw
amendment S-3316, filed by Senators Shull and Connolly from the
floor to page 37 of the bill.
Senator Gronstal offered amendment S-3318, filed by him from
the floor to pages 1-4 and to the title page of the bill.
President Pro Tempore Angelo took the chair at 1:10 a.m.
Senator Gronstal moved the adoption of amendment S-3318.
A record roll call was requested.
On the question “Shall amendment S-3318 be adopted?” (S.F. 453),
the vote was:
Yeas, 20:
|
Beall | Black | Bolkcom | Connolly |
|
Courtney | Dotzler | Dvorsky | Fraise |
|
Gronstal | Hatch | Holveck | Horn |
|
Kibbie | Kreiman | McCoy | Quirmbach |
|
Ragan | Seng | Stewart | Warnstadt |
|
|
Nays, 25:
|
Angelo Behn Boettger Drake
Hosch Houser Iverson Johnson
Kettering Kramer Lamberti Larson
McKibben McKinley Putney Redfern
Rehberg Schuerer Seymour Shull
Sievers Tinsman Veenstra Wieck
Zieman
|
Absent, 5:
Brunkhorst Dearden Gaskill Lundby
Miller
Amendment S-3318 lost.
Senator Lamberti offered amendment S-3317, filed by him from
the floor to pages 5-12, 14-18, 23, 24, 27-30, 32-34, 36, 37, and to the
title page of the bill, and moved its adoption.
Amendment S-3317 was adopted by a voice vote.
Senator Lamberti offered amendment S-3319, filed by him from
the floor to page 37 of the bill, and moved its adoption.
Amendment S-3319 was adopted by a voice vote.
President Kramer took the chair at 1:35 a.m.
Senator Lamberti 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. 453), the vote was:
Yeas, 26:
|
Angelo | Behn | Boettger | Brunkhorst |
|
Drake | Gaskill | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kramer |
|
Lamberti | Larson | Lundby | McKibben |
|
McKinley | Putney | Redfern | Schuerer |
|
Seymour | Shull | Sievers | Tinsman |
|
Veenstra | Zieman |
|
|
Nays, 23:
|
Beall Black Bolkcom Connolly
Courtney Dotzler Dvorsky Fraise
Gronstal Hatch Holveck Horn
Kibbie Kreiman McCoy Miller
Quirmbach Ragan Rehberg Seng
Stewart Warnstadt Wieck
|
Absent, 1:
Dearden
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
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 24, 2003, passed the following bill in which the concurrence of the
Senate is asked:
House File 692, a bill for an act relating to taxation of property
and income and including effective date and applicability date
provisions.
Read first time and referred to committee on Ways and Means.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 2, Senate Files 368, 449, and 453
and House Files 455 and 654 be immediately messaged to the
House.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 2:50 a.m.
until 10:00 a.m. Monday, April 28, 2003.
APPENDIX — 2
INTRODUCTION OF BILLS
Senate File 455, by committee on Ways and Means, a bill for an
act providing an Iowa individual income tax checkoff for deposit in
the free health clinic fund, making an appropriation, and including
effective and applicability date provisions.
Read first time under Rule 28 and placed on Ways and Means
calendar.
Senate File 456, by committee on Ways and Means, a bill for an
act relating to economic development by creating a position of
technology transfer advisor, creating a loan and credit guarantee
program and fund, creating an economic development marketing
board, providing for a business start-up information internet web site,
creating a grow Iowa fund, making appropriations and related tax
changes, making changes to urban renewal law and related taxes,
and including effective date and retroactive applicability date
provisions.
Read first time under Rule 28 and placed on Ways and Means
calendar.
COMMITTEE REPORTS
WAYS AND MEANS
Final Bill Action: SENATE FILE 455 (formerly SF 115), a bill for an act providing an
Iowa individual income tax checkoff for deposit in the free health clinic fund, making
an appropriation, and including effective and applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 16: McKibben, Shull, Bolkcom, Angelo, Connolly, Dotzler, Hosch,
Larson, McCoy, McKinley, Miller, Quirmbach, Rehberg, Seng, Sievers, and Stewart.
Nays, none. Absent, 1: Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 456 (SSB 1199), a bill for an act relating to
economic development by creating a position of technology transfer advisor, creating a
loan and credit guarantee program and fund, creating an economic development
marketing board, providing for a business start-up information internet web site,
creating a grow Iowa fund, making appropriations and related tax changes, making
changes to urban renewal law and related taxes, and including effective date and
retroactive applicability date provisions.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: McKibben, Shull, Angelo, Hosch, Larson, McKinley, Miller,
Rehberg, and Sievers. Nays, 7: Bolkcom, Connolly, Dotzler, McCoy, Quirmbach, Seng,
and Stewart. Absent, 1: Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-3301 S.F. 422 House
S-3302 S.F. 449 Bryan J. Sievers
S-3303 S.F. 449 Doug Shull
S-3304 S.F. 444 William Dotzler
Dennis H. Black
Julie Hosch
S-3305 H.F. 455 Herman C. Quirmbach
S-3306 S.F. 453 John Putney
S-3307 S.F. 453 John Putney
Keith A. Kreiman
S-3308 S.F. 453 David Miller
Bob Brunkhorst
S-3309 H.F. 654 David Miller
Eugene S. Fraise
Thomas G. Courtney
Mike Connolly
William Dotzler
S-3310 H.F. 595 Ron Wieck
S-3311 S.F. 453 Jack Hatch
Robert E. Dvorsky
Amanda Ragan
Keith A. Kreiman
Jack Holveck
Michael E. Gronstal
Matt McCoy
John P. Kibbie
Mike Connolly
Thomas G. Courtney
Roger Stewart
Daryl Beall
Herman C. Quirmbach
Steve Warnstadt
Joe Bolkcom
William Dotzler
Joe M. Seng
Wally E. Horn
S-3312 S.F. 453 Jack Hatch
Robert E. Dvorsky
Amanda Ragan
Keith A. Kreiman
Jack Holveck
John P. Kibbie
Matt McCoy
Thomas G. Courtney
Wally E. Horn
Michael E. Gronstal
Mike Connolly
Roger Stewart
Daryl Beall
Herman C. Quirmbach
Steve Warnstadt
Joe Bolkcom
William Dotzler
Joe M. Seng
S-3313 S.F. 434 Steve Warnstadt
S-3314 H.F. 455 Herman C. Quirmbach
S-3315 S.F. 368 House
S-3316 S.F. 453 Doug Shull
Mike Connolly
S-3317 S.F. 453 Jeff Lamberti
S-3318 S.F. 453 Michael E. Gronstal
S-3319 S.F. 453 Jeff Lamberti
© 2003 Cornell College and
League of Women Voters of Iowa
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