Senate Journal: Monday, April 28, 2003
JOURNAL OF THE SENATE
__________
ONE HUNDRED SIXTH CALENDAR DAY
SIXTY-FIRST SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, April 28, 2003
The Senate met in regular session at 10:04 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Dave Heilman, pastor of the
Calvary Christian Reformed Church in Orange City, Iowa. He was
the guest of Senator Veenstra.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the 2003 Senate Pages.
A moment of silence was observed by the Senate in honor of
Workers Memorial Day and the Iowa workers whose lives were lost in
2002.
The Journal of Thursday, April 24, 2003, was approved.
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 25, 2003, passed the following bill in which the concurrence of the
House was asked:
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.
ALSO: That the House has on April 25, 2003, concurred in the Senate
amendment to the House amendment, and passed the following bill in which the
concurrence of the House was asked:
Senate File 94, a bill for an act providing for the confidentiality of
certain veterans’ records maintained by county recorders.
ALSO: That the House has on April 25, 2003, amended and passed the following
bill in which the concurrence of the House was asked:
Senate File 383, a bill for an act relating to the delivery of
curriculum via the internet by instructional personnel employed by
an accredited postsecondary educational institution under a contract
with a school district. (S-3320)
ALSO: That the House has on April 25, 2003, passed the following bills in which
the concurrence of the Senate is asked:
House File 689, a bill for an act relating to ethanol blended
gasoline, by providing for tax credits and for their retroactive
applicability, providing for refunds, and providing for an effective
date.
Read first time and referred to committee on Ways and Means.
House File 694, a bill for an act relating to the judicial branch
including by establishing a judicial district and judicial election
district redistricting process, making changes to the nomination,
appointment, and retention of judges, expanding magistrate courts,
eliminating the position of alternate district associate judge,
permitting district judgeships to be apportioned or transferred to
another judicial district, requiring the county sheriff to serve a
summons in certain delinquency proceedings, eliminating the
participation of the foster care review board in voluntary foster care
placements, waiving the filing fee and court costs in certain contempt
actions, changing the duties of and the procedures related to the clerk
of the district court, providing that interest on a judgment be
calculated upon the one year treasury constant maturity plus two
percent, expanding the access of the deferred judgment docket,
prohibiting regional litigation centers, modifying the schedule of the
probate court, providing for a fee, and providing for a study.
Read first time and attached to similar Senate File 418.
BILL REFERRED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
House File 631 be referred to the committee on Judiciary.
SPECIAL GUESTS
The Chair welcomed to the Senate chamber the following former
Senate Pages returning for a 20-year reunion and their guests:
Terri Bloyd-Bonar
Curtis Dunlap
Jeff Patterson
Jeff Suntken
Ric Turnquist
Jeffrey Upah
The Senate rose and expressed its welcome.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration Senate Resolution 35.
Senate Resolution 35
On motion of Senator Courtney, Senate Resolution 35, a
resolution calling for the observance of Workers Memorial Day, with
report of committee recommending passage, was taken up for
consideration.
Senator Courtney moved the adoption of Senate Resolution 35,
which motion prevailed by a voice vote.
The Senate stood at ease at 10:20 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 12:02 p.m., Senator Zieman
presiding.
RECESS
On motion of Senator Veenstra, the Senate recessed at 12:03 p.m.
until 1:30 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 28, 2003
IOWA CIVIL RIGHTS COMMISSION
Iowa Communications Network (ICN) Usage for FY 2002, pursuant to Iowa Code
section 8D.10.
CERTIFICATE OF RECOGNITION
The Secretary of the Senate issued the following certificate of
recognition:
Dick and Margot Tighe, Webster City — For celebrating your 50th wedding
anniversary. Senator Iverson (4/28/03).
PRESENTATION OF VISITORS
The Chair welcomed the following visitors who were present in the
Senate gallery:
Students from Hoover Elementary School in Dubuque,
accompanied by Randy Lyon and Katie Ditterman. The students are
Iowa History contest winners. Senator Connolly.
REPORTS OF COMMITTEE MEETINGS
GOVERNMENT OVERSIGHT
Convened: April 28, 2003, 1:20 p.m.
Members Present: Lundby, Chair; Brunkhorst, Vice Chair; Courtney, Ranking
Member; Dvorsky and Wieck.
Members Absent: None.
Committee Business: Passed HFs 672 and 675.
Adjourned: 1:30 p.m.
RULES AND ADMINISTRATION
Convened: April 28, 2003, 1:30 p.m.
Members Present: Iverson, Chair; Gronstal, Ranking Member; Boettger, Courtney,
Drake, Dvorsky, Gaskill, Putney, and Sievers.
Members Absent: Kramer, Vice Chair; and Ragan (both excused).
Committee Business: Passed SRs 37 and 38.
Adjourned: 1:35 p.m.
INTRODUCTION OF RESOLUTION
Senate Resolution 38, by Lamberti, a resolution designating a
Whistler Laureate for the Senate during the Eightieth General
Assembly and recognizing special rules of decorum.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 37
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate Resolution 38
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
House File 672
GOVERNMENT OVERSIGHT: Lundby, Chair; Brunkhorst and Dvorsky
House File 677
WAYS AND MEANS: Angelo, Chair; Bolkcom and McKibben
House File 689
WAYS AND MEANS: Rehberg, Chair; Angelo and Dotzler
House File 692
WAYS AND MEANS: McKibben, Chair; Connolly, Shull, Sievers, and Stewart
COMMITTEE REPORTS
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 37, a resolution honoring Mr. Larry Kisor
for his success in directing the Sioux City North High School Jazz Band.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill,
Putney, and Sievers. Nays, none. Absent, 2: Kramer and Ragan.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 38, a resolution designating a Whistler
Laureate for the Senate during the Eightieth General Assembly and recognizing
special rules of decorum.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Iverson, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill,
Putney, and Sievers. Nays, none. Absent, 2: Kramer and Ragan.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
REPORT OF THE SECRETARY OF THE SENATE
MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 375, the following corrections were made:
1. Page 6, line 11, the number “1.” was changed to the letter “a.”.
2. Page 6, line 14, the number “2.” was changed to the letter “b.”.
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 28th day
of April, 2003:
Senate Files 102, 366, 372, 375, 416, and 438.
MICHAEL E. MARSHALL
Secretary of the Senate
BILLS SIGNED BY THE GOVERNOR
A communication was received announcing that on April 25, 2003,
the Governor approved and transmitted to the Secretary of State the
following bills:
S.F. 180 - Relating to the procedures for handling abandoned property and
property presumed to be abandoned.
S.F. 221 - Relating to the criminal offense of sexual exploitation of a minor.
S.F. 340 - Relating to business entities, based on revisions related to the Iowa
business corporation Act, including addition of a savings clause and addition of
provisions related to director and officer liability, duty, and indemnification for certain
insurance companies and indemnification for cooperative associations.
S.F. 352 - Relating to the training of an individual who intends to become certified
as a law enforcement officer.
S.F. 361 - Relating to emergency procedures for the temporary detention and
treatment of persons who are incapacitated or impaired due to substance abuse or
mental health problems.
S.F. 394 - Relating to the regulation of the grain industry, and making penalties
applicable.
AFTERNOON SESSION
The Senate reconvened at 1:37 p.m., Senator Putney presiding.
RECESS
On motion of Senator Veenstra, the Senate recessed at 1:38 p.m.
until the completion of a meeting of the committee on Rules and
Administration.
RECONVENED
The Senate reconvened at 1:42 p.m., Senator Putney presiding.
QUORUM CALL
Senator Courtney requested a nonrecord roll call to determine that
a quorum was present.
The vote revealed 32 present, 18 absent, and a quorum present.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Angelo, for the day, on request of Senator Boettger.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 38.
Senate Resolution 38
On motion of Senator Iverson, Senate Resolution 38, a
resolution designating a Whistler Laureate for the Senate during the
Eightieth General Assembly and recognizing special rules of decorum,
with report of committee recommending passage, was taken up for
consideration.
Senator Iverson moved the adoption of Senate Resolution 38,
which motion prevailed by a voice vote.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 34.
Senate Resolution 34
On motion of Senator Iverson, Senate Resolution 34, a
resolution urging the United States Postal Service to issue a
commemorative postage stamp honoring America’s coal miners, with
report of committee recommending passage, was taken up for
consideration.
Senator Iverson moved the adoption of Senate Resolution 34,
which motion prevailed by a voice vote.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Boettger asked and received unanimous consent to take
up for consideration House File 682.
House File 682
On motion of Senator Gaskill, 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, with report of committee recommending passage, was
taken up for consideration.
Senator Gaskill 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. 682), the vote was:
Yeas, 48:
|
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 |
|
Putney | Quirmbach | Ragan | Redfern |
|
Rehberg | Schuerer | Seng | Seymour |
|
Shull | Sievers | Stewart | Tinsman |
|
Veenstra | Warnstadt | Wieck | Zieman |
|
|
Nays, none.
Present, 1:
Miller
Absent, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
House File 450
On motion of Senator Larson, House File 450, a bill for an act
creating an exception to the statutory rule against perpetuities and
making related changes, placed on the Unfinished Business Calendar
on April 17, 2003, with report of committee recommending passage,
was taken up for consideration.
Senator McKibben asked and received unanimous consent to
withdraw amendment S-3277, filed by Senator McKibben, et al., on
April 22, 2003, to pages 1 and 2 of the bill.
Senator Quirmbach asked and received unanimous consent that
action on House File 450 be deferred.
HOUSE AMENDMENT CONSIDERED
Senate File 422
Senator Redfern called up for consideration 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,
amended by the House in House amendment S-3301, filed April 24,
2003.
Senator Redfern offered amendment S-3325, filed by him from the
floor to pages 1 and 2 of House amendment S-3301.
Senator Redfern asked and received unanimous consent that
action on amendment S-3325 to House amendment S-3301, House
amendment S-3301, and Senate File 422 be deferred.
UNFINISHED BUSINESS
House File 329
On motion of Senator Seymour, House File 329, a bill for an act
relating to site preparation for targeted economic development,
placed on the Unfinished Business Calendar on April 17, 2003, with
report of committee recommending passage, was taken up for
consideration.
Senator Seymour 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. 329), the vote was:
Yeas, 49:
|
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, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Boettger asked and received unanimous consent that
House Files 329 and 682 be immediately messaged to the House.
UNFINISHED BUSINESS
House File 576
On motion of Senator Shull, House File 576, a bill for an act
relating to the enterprise zone program and including effective date
provisions, placed on the Unfinished Business Calendar on April 17,
2003, with report of committee recommending passage, was taken up
for consideration.
Senator Shull moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question “Shall the bill pass?” (H.F. 576), the vote was:
Yeas, 49:
|
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, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
MOTION TO RECONSIDER WITHDRAWN
Senate File 452
Senator Lamberti withdrew the motion to reconsider 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, filed by him on April 23, 2003, and found on page 1080 of the
Senate Journal.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate File 452 and House File 576 be immediately messaged to
the House.
The Senate stood at ease at 2:38 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 4:13 p.m., Senator Sievers
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, amended and passed the following bill in which the
concurrence of the House was asked:
Senate File 445, a bill for an act relating to the establishment of a
school infrastructure financing program by providing for the sharing
of revenues from local option sales and services taxes for school
infrastructure purposes and providing for the use of the revenues
from the local option tax for school infrastructure or property tax
relief purposes and including an effective date. (S-3324)
ALSO: That the House has on April 25, 2003, concurred in the Senate
amendment and passed the following bill in which the concurrence of the House was
asked:
House File 624, a bill for an act regulating farm deer, providing
for penalties, and providing an effective date.
ALSO: That the House has on April 25, 2003, passed the following bill in which
the concurrence of the Senate is asked:
House File 686, a bill for an act relating to urban renewal and tax
increment financing and including effective and retroactive
applicability date provisions.
Read first time and referred to committee on Ways and Means.
COMMITTEE REPORTS
GOVERNMENT OVERSIGHT
Final Bill Action: HOUSE FILE 672, a bill for an act relating to the regulation of
adult day services, providing for penalties, and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 5: Lundby, Brunkhorst, Courtney, Dvorsky, and Wieck. Nays,
none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 5: Lundby, Brunkhorst, Courtney, Dvorsky, and Wieck. Nays,
none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 672.
House File 672
On motion of Senator Lundby, House File 672, a bill for an act
relating to the regulation of adult day services, providing for
penalties, and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Senator Lundby 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. 672), the vote was:
Yeas, 49:
|
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, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 675.
House File 675
On motion of Senator Lundby, 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, with report of committee recommending passage, was
taken up for consideration.
Senator Lundby offered amendment S-3329, filed by her from the
floor to page 16 of the bill, and moved its adoption.
Amendment S-3329 was adopted by a voice vote.
Senator Lundby 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. 675), the vote was:
Yeas, 49:
|
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, 1:
Angelo
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 454.
Senate File 454
On motion of Senator Kramer, Senate File 454, a bill for an act
relating to and making appropriations from the healthy Iowans
tobacco trust and the tobacco settlement trust fund, was taken up for
consideration.
Senator Bolkcom asked and received unanimous consent to
withdraw amendment S-3322, filed by Senator Bolkcom, et al., from
the floor to page 3 of the bill.
Senator Kramer offered amendment S-3321, filed by her from the
floor to pages 5 and 6 of the bill, and moved its adoption.
Amendment S-3321 was adopted by a voice vote.
With the adoption of amendment S-3321, the Chair ruled
amendment S-3323, filed by Senator Bolkcom, et al., from the floor to
page 6 of the bill, out of order.
Senator Kramer asked and received unanimous consent that
House File 685 be substituted for Senate File 454.
House File 685
On motion of Senator Kramer, 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, was taken up for
consideration.
Senator Bolkcom offered amendment S-3326, filed by Senator
Bolkcom, et al., from the floor to page 3 of the bill, and moved its
adoption.
A record roll call was requested.
On the question “Shall amendment S-3326 be adopted?”
(H.F. 685), the vote was:
Yeas, 22:
|
Beall | Black | Bolkcom | Connolly |
|
Courtney | Dearden | Dotzler | Dvorsky |
|
Fraise | Gronstal | Hatch | Holveck |
|
Horn | Kibbie | Kreiman | McCoy |
|
Quirmbach | Ragan | Seng | Stewart |
|
Tinsman | Warnstadt |
|
|
Nays, 27:
|
Behn Boettger Brunkhorst Drake
Gaskill Hosch Houser Iverson
Johnson Kettering Kramer Lamberti
Larson Lundby McKibben McKinley
Miller Putney Redfern Rehberg
Schuerer Seymour Shull Sievers
Veenstra Wieck Zieman
|
Absent, 1:
Angelo
Amendment S-3326 lost.
Senator Lamberti offered amendment S-3328, filed by Senators
Lamberti and Kramer from the floor to pages 4-7 of the bill, and
moved its adoption.
Amendment S-3328 was adopted by a voice vote.
Senator Bolkcom offered amendment S-3327, filed by Senator
Bolkcom, et al., from the floor to page 6 of the bill, and moved its
adoption.
Amendment S-3327 lost by a voice vote.
Senator Kramer 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. 685), the vote was:
Yeas, 49:
|
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, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Kramer asked and received unanimous consent that
Senate File 454 be withdrawn from further consideration of the
Senate.
President Kramer took the chair at 5:47 p.m.
BUSINESS PENDING
Senate File 422
The Senate resumed consideration of 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, House
amendment S-3301, and amendment S-3325 to House amendment
S-3301, previously deferred.
Senator Brunkhorst offered amendment S-3330, filed by Senators
Brunkhorst and Black from the floor to page 1 of amendment S-3325
to House amendment S-3301, and moved its adoption.
Amendment S-3330 lost by a voice vote.
Senator Redfern moved the adoption of amendment S-3325 to
House amendment S-3301.
Amendment S-3325 was adopted by a voice vote.
Senator Redfern 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 Redfern 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. 422), the vote was:
Yeas, 49:
|
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, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate File 422 and House Files 672, 675, and 685 be
immediately messaged to the House.
RECESS
On motion of Senator Iverson, the Senate recessed at 6:25 p.m.
until 8:00 p.m.
EVENING SESSION
The Senate reconvened at 8:18 p.m., Senator Larson presiding.
QUORUM CALL
Senator Iverson requested a nonrecord roll call to determine that a
quorum was present.
The vote revealed 40 present, 10 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 28, 2003, amended and passed the following bills in which the
concurrence of the House was asked.
Senate File 341, a bill for an act regulating the balance of
competitive forces in swine and beef production by enhancing the
welfare of the farming community and by preventing processors from
gaining control of beef or swine production, providing for the transfer
of provisions, making a penalty applicable, and providing for an
effective date. (S-3333)
Senate File 344, a bill for an act concerning regulatory and
statutory requirements impacting business relating to liability
reform, unemployment compensation benefits eligibility and
employer contributions, workers’ compensation, occupational safety
and health administration training and compliance requirements,
financial services and restrictions on property rights, environmental
regulatory requirements, and public project contractor requirements.
(S-3334)
ALSO: That the House has on April 28, 2003, passed the following bill in which
the concurrence of the Senate is asked:
House File 688, a bill for an act relating to biodiesel fuel,
including by providing for financing, and providing for the Act’s
effectiveness.
Read first time and referred to committee on Ways and Means.
Senator Putney took the chair at 8:28 p.m.
BUSINESS PENDING
House File 450
The Senate resumed consideration of House File 450, a bill for an
act creating an exception to the statutory rule against perpetuities
and making related changes, previously deferred.
Senator Larson moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question “Shall the bill pass?” (H.F. 450), the vote was:
Yeas, 46:
|
Beall | Behn | Black | Boettger |
|
Bolkcom | 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 | Putney |
|
Ragan | Redfern | Rehberg | Schuerer |
|
Seng | Seymour | Shull | Sievers |
|
Stewart | Tinsman | Veenstra | Warnstadt |
|
Wieck | Zieman |
|
|
Nays, 3:
|
Brunkhorst Miller Quirmbach
|
Absent, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
UNFINISHED BUSINESS
(Deferred April 24, 2003)
Senate Joint Resolution 5
The Senate resumed consideration of 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, deferred April 24,
2003.
President Kramer took the chair at 8:47 p.m.
Senator Wieck moved that the resolution be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the resolution was read the last time.
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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE
OF IOWA:
Section 1. The amendments to 567 Iowa administrative code, rule
28.1, adopted on April 21, 2003, are nullified.
Sec. 2. 567 Iowa administrative code, rule 28.2, adopted on
April 21, 2003, is nullified.
Sec. 3. EFFECTIVE DATE. This Joint Resolution, being deemed
of immediate importance, takes effect upon enactment.
On the question “Shall the resolution be adopted?” (S.J.R. 5), the
vote was:
Yeas, 30:
|
Behn | Boettger | Brunkhorst | Drake |
|
Gaskill | Hosch | Houser | Iverson |
|
Johnson | Kettering | Kramer | Lamberti |
|
Larson | Lundby | McCoy | McKibben |
|
McKinley | Miller | Putney | Redfern |
|
Rehberg | Schuerer | Seymour | Shull |
|
Sievers | Tinsman | Veenstra | Warnstadt |
|
Wieck | Zieman |
|
|
Nays, 19:
|
Beall Black Bolkcom Connolly
Courtney Dearden Dotzler Dvorsky
Fraise Gronstal Hatch Holveck
Horn Kibbie Kreiman Quirmbach
Ragan Seng Stewart
|
Absent, 1:
Angelo
The resolution, having received a constitutional majority, was
declared to have been adopted by the Senate and the title was agreed
to.
HOUSE AMENDMENT CONSIDERED
Senate File 341
Senator Zieman called up for consideration Senate File 341, a bill
for an act regulating the balance of competitive forces in swine and
beef production by enhancing the welfare of the farming community
and by preventing processors from gaining control of beef or swine
production, providing for the transfer of provisions, making a penalty
applicable, and providing for an effective date, amended by the
House, and moved that the Senate concur in House amendment
S-3333, filed April 28, 2003.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Zieman moved that the bill, as amended by the House and
concurred in by the Senate, be read the last time now and placed
upon its passage, which motion prevailed by a voice vote, and the bill
was read the last time.
On the question “Shall the bill pass?” (S.F. 341), the vote was:
Yeas, 49:
|
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, 1:
Angelo
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 Joint Resolution 5, Senate File 341, and House
File 450 be immediately messaged to the House.
UNFINISHED BUSINESS
Senate File 418
On motion of Senator Redfern, Senate File 418, a bill for an act
relating to the judicial branch by changing procedures for appointing
or nominating a judge, or magistrate, by authorizing the voluntary
transfer of a district judge, by prohibiting members of a judicial
nominating commission from voting on certain nominees, and by
apportioning judgeships among the judicial election districts, placed
on the Unfinished Business Calendar on April 17, 2003, was taken up
for consideration.
Senator Redfern offered amendment S-3331, filed by him from the
floor striking everything after the enacting clause and to the title
page of the bill, and moved its adoption.
Amendment S-3331 was adopted by a voice vote.
Senator Redfern asked and received unanimous consent that
House File 694 be substituted for Senate File 418.
House File 694
On motion of Senator Redfern, House File 694, a bill for an act
relating to the judicial branch including by establishing a judicial
district and judicial election district redistricting process, making
changes to the nomination, appointment, and retention of judges,
expanding magistrate courts, eliminating the position of alternate
district associate judge, permitting district judgeships to be
apportioned or transferred to another judicial district, requiring the
county sheriff to serve a summons in certain delinquency
proceedings, eliminating the participation of the foster care review
board in voluntary foster care placements, waiving the filing fee and
court costs in certain contempt actions, changing the duties of and the
procedures related to the clerk of the district court, providing that
interest on a judgment be calculated upon the one year treasury
constant maturity plus two percent, expanding the access of the
deferred judgment docket, prohibiting regional litigation centers,
modifying the schedule of the probate court, providing for a fee, and
providing for a study, was taken up for consideration.
Senator Kreiman offered amendment S-3336, filed by him from
the floor to pages 12 and 13 of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3336 be adopted?”
(H.F. 694), the vote was:
Yeas, 8:
|
Beall | Courtney | Dotzler | Fraise |
|
Horn | Kibbie | Kreiman | Ragan |
|
|
Nays, 41:
|
Behn Black Boettger Bolkcom
Brunkhorst Connolly Dearden Drake
Dvorsky Gaskill Gronstal Hatch
Holveck Hosch Houser Iverson
Johnson Kettering Kramer Lamberti
Larson Lundby McCoy McKibben
McKinley Miller Putney Quirmbach
Redfern Rehberg Schuerer Seng
Seymour Shull Sievers Stewart
Tinsman Veenstra Warnstadt Wieck
Zieman
|
Absent, 1:
Angelo
Amendment S-3336 lost.
Senator Kreiman offered amendment S-3335, filed by him from
the floor to page 13 of the bill, and moved its adoption.
Amendment S-3335 lost by a voice vote.
Senator Kreiman offered amendment S-3338, filed by him from
the floor to page 15 of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3338 be adopted?”
(H.F. 694), the vote was:
Yeas, 5:
|
Beall | Fraise | Kibbie | Kreiman |
|
Ragan |
|
|
Nays, 44:
|
Behn Black Boettger Bolkcom
Brunkhorst Connolly Courtney Dearden
Dotzler Drake Dvorsky Gaskill
Gronstal Hatch Holveck Horn
Hosch Houser Iverson Johnson
Kettering Kramer Lamberti Larson
Lundby McCoy McKibben McKinley
Miller Putney Quirmbach Redfern
Rehberg Schuerer Seng Seymour
Shull Sievers Stewart Tinsman
Veenstra Warnstadt Wieck Zieman
|
Absent, 1:
Angelo
Amendment S-3338 lost.
Senator Kreiman offered amendment S-3337, filed by him from
the floor to page 32 of the bill, and moved its adoption.
Amendment S-3337 lost by a voice vote.
Senator Redfern 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. 694), the vote was:
Yeas, 47:
|
Beall | Behn | Black | Boettger |
|
Bolkcom | Brunkhorst | Connolly | Courtney |
|
Dearden | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kramer |
|
Lamberti | Larson | Lundby | McCoy |
|
McKibben | McKinley | Miller | Putney |
|
Quirmbach | Ragan | Redfern | Rehberg |
|
Schuerer | Seng | Seymour | Shull |
|
Sievers | Stewart | Tinsman | Veenstra |
|
Warnstadt | Wieck | Zieman |
|
|
Nays, 2:
Absent, 1:
Angelo
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
WITHDRAWN
Senator Redfern asked and received unanimous consent that
Senate File 418 be withdrawn from further consideration of the
Senate.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
House File 694 be immediately messaged to the House.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 10:00 p.m.
until 8:30 a.m. Tuesday, April 29, 2003.
APPENDIX — 2
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 18, by Dotzler, a concurrent
resolution relating to federal funding for fire and emergency services
and homeland security costs.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILL
Senate File 457, by Iverson and Gronstal, a bill for an act
establishing a new century learning technology initiative,
commission, and fund, and providing an effective date and for
contingent implementation.
Read first time under Rule 28 and referred to committee on
Education.
STUDY BILL RECEIVED
SSB 1207 Appropriations
Relating to public expenditure and regulatory matters,
compensating public employees, making and reducing appropriations,
providing for related matters, making penalties applicable, and
providing effective dates.
SUBCOMMITTEE ASSIGNMENTS
House File 686
WAYS AND MEANS: Sievers, Chair; Rehberg and Stewart
SSB 1207
APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer
BILLS SIGNED BY THE GOVERNOR
A communication was received announcing that on April 28, 2003,
the Governor approved and transmitted to the Secretary of State the
following bills:
S.F. 172 - Relating to the establishment of a public charter school pilot program
and providing effective and applicability dates.
S.F. 230 - Relating to the procedure for reducing the number of members of a city
council from five to three in certain cities.
S.F. 351 - Relating to child care requirements involving prohibitions against
involvement with child care, record checks and evaluations performed by the
department of human services, eligibility for state assistance, and child care fraud
program sanctions, and making penalties applicable.
S.F. 379 - Relating to certain agricultural liens.
S.F. 386 - Requiring the insurance division of the department of commerce to
establish a school health insurance reform team study and to make recommendations
to the general assembly.
S.F. 392 - Relating to the animal agriculture compliance Act, providing for
penalties, and providing an effective date.
S.F. 397 - Relating to the issuance of free hunting licenses for antlerless deer,
providing for the disposition of harvested deer meat to public institutions, and
providing a penalty.
AMENDMENTS FILED
S-3320 S.F. 383 House
S-3321 S.F. 454 Mary E. Kramer
S-3322 S.F. 454 Joe Bolkcom
Dennis H. Black
Robert E. Dvorsky
Jack Holveck
Amanda Ragan
Jack Hatch
Herman C. Quirmbach
Keith Kreiman
Daryl Beall
Roger Stewart
Joe M. Seng
John P. Kibbie
S-3323 S.F. 454 Joe Bolkcom
Dennis H. Black
Robert E. Dvorsky
Jack Holveck
Jack Hatch
Herman C. Quirmbach
S-3324 S.F. 445 House
S-3325 S.F. 422 Donald B. Redfern
S-3326 H.F. 685 Joe Bolkcom
Jack Hatch
Robert E. Dvorsky
Mike Connolly
Wally E. Horn
Dick L. Dearden
Jack Holveck
Joe M. Seng
Matt McCoy
Herman C. Quirmbach
William Dotzler
Roger Stewart
Daryl Beall
Keith Kreiman
Amanda Ragan
Dennis H. Black
Eugene S. Fraise
John P. Kibbie
S-3327 H.F. 685 Joe Bolkcom
Jack Hatch
Robert E. Dvorsky
Jack Holveck
Matt McCoy
Herman C. Quirmbach
Dennis H. Black
Eugene S. Fraise
S-3328 H.F. 685 Jeff Lamberti
Mary E. Kramer
S-3329 H.F. 675 Mary A. Lundby
S-3330 S.F. 422 Bob Brunkhorst
Dennis H. Black
S-3331 S.F. 418 Donald B. Redfern
S-3332 H.F. 549 Nancy J. Boettger
S-3333 S.F. 341 House
S-3334 S.F. 344 House
S-3335 H.F. 694 Keith A. Kreiman
S-3336 H.F. 694 Keith A. Kreiman
S-3337 H.F. 694 Keith A. Kreiman
S-3338 H.F. 694 Keith A. Kreiman
© 2003 Cornell College and
League of Women Voters of Iowa
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