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Senate Journal PROOF _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ STATE OF IOWA Senate Journal TUESDAY, MARCH 30, 2004 __________ Printed daily by the State of Iowa during the sessions of the General Assembly. An official corrected copy is available for reference in the Secretary of the Senate’s Office. (The official bound copy will be available after a reasonable time upon adjournment.) _________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________ 748 JOURNAL OF THE SENATE 79th Day JOURNAL OF THE SENATE __________ SEVENTY-NINTH CALENDAR DAY FORTY-SIXTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 30, 2004 The Senate met in regular session at 8:36 a.m., President Lamberti presiding. Prayer was offered by the Reverend Thomas Prochnow, pastor of the Gilbert Lutheran Church in Gilbert, Iowa. He was the guest of Senator Quirmbach. The Journal of Monday, March 29, 2004, was approved. INTRODUCTION OF RESOLUTIONS Senate Resolution 143, by Boettger, a resolution honoring Harlan Community Schools for their achievements in academics, music, vocational training, and sports. Read first time and referred to committee on Rules and Administration. Senate Resolution 144, by Wieck and Warnstadt, a resolution honoring the Morningside College Women’s Basketball Team on their national championship. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 8:42 a.m. until the completion of a meeting of the committee on Rules and Administration. 79th Day TUESDAY, MARCH 30, 2004 749 RECONVENED The Senate reconvened at 8:46 a.m., President Lamberti presiding. FINAL COMMITTEE REPORT OF BILL ACTION RULES AND ADMINISTRATION Bill Title: SENATE RESOLUTION 143, a resolution honoring Harlan Community Schools for their achievements in academics, music, vocational training, and sports. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Lamberti, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill, Ragan, and Wieck. Nays, none. Absent, 1: Sievers. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 143. Senate Resolution 143 On motion of Senator Boettger, Senate Resolution 143, a resolution honoring Harlan Community Schools for their achievements in academics, music, vocational training, and sports, with report of committee recommending passage, was taken up for consideration. Senator Boettger moved the adoption of Senate Resolution 143, which motion prevailed by a voice vote. SPECIAL GUESTS Senator Boettger welcomed to the Senate chamber athletes, coaches, and administrators from Harlan Community Schools. The Senate rose and expressed its welcome. 750 JOURNAL OF THE SENATE 79th Day BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that House File 2302 be referred from the Regular Calendar to the committee on Ways and Means. The Senate stood at ease at 9:04 a.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 10:35 a.m., President Pro Tempore Angelo presiding. QUORUM CALL Senator Veenstra requested a nonrecord roll call to determine that a quorum was present. The vote revealed 32 present, 18 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Iverson and Lamberti, until they return, on request of Senator Ward. CONSIDERATION OF BILL (Regular Calendar) Senator Veenstra asked and received unanimous consent to take up for consideration Senate File 2260. Senate File 2260 On motion of Senator Boettger, Senate File 2260, a bill for an act relating to evidence in a sexual abuse case, was taken up for consideration. Senator Dvorsky offered amendment S–5131, filed by him on March 23, 2004, to page 1 and to the title page of the bill. Senator Boettger raised the point of order that amendment S–5131 was not germane to the bill. 79th Day TUESDAY, MARCH 30, 2004 751 The Chair ruled the point well-taken and amendment S–5131 out of order. Senator Boettger offered amendment S–5174, filed by her on March 29, 2004, to page 1 of the bill, and moved its adoption. Amendment S–5174 was adopted by a voice vote. Senator Boettger asked and received unanimous consent that House File 2522 be substituted for Senate File 2260. House File 2522 On motion of Senator Boettger, House File 2522, a bill for an act relating to evidence in a sexual abuse case, was taken up for consideration. 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. 2522), the vote was: Yeas, 47: Angelo Dvorsky Kreiman Seng Beall Fraise Lundby Seymour Behn Gaskill McCoy Shull Black Gronstal McKibben Sievers Boettger Hatch McKinley Stewart Bolkcom Holveck Miller Tinsman Brunkhorst Horn Putney Veenstra Connolly Hosch Quirmbach Ward Courtney Houser Ragan Warnstadt Dearden Johnson Redfern Wieck Dotzler Kettering Rehberg Zieman Drake Kibbie Schuerer Nays, none. Absent, 3: Iverson Lamberti Larson 752 JOURNAL OF THE SENATE 79th Day The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Boettger asked and received unanimous consent that Senate File 2260 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILLS (Regular Calendar) Senator Veenstra asked and received unanimous consent to take up for consideration House Files 2167 and 2397. House File 2167 On motion of Senator Ward, House File 2167, a bill for an act to eliminate the inspections division of the department of inspections and appeals, with report of committee recommending passage, was taken up for consideration. Senator Ward 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. 2167), the vote was: Yeas, 47: Angelo Dvorsky Kreiman Seng Beall Fraise Lundby Seymour Behn Gaskill McCoy Shull Black Gronstal McKibben Sievers Boettger Hatch McKinley Stewart Bolkcom Holveck Miller Tinsman Brunkhorst Horn Putney Veenstra Connolly Hosch Quirmbach Ward Courtney Houser Ragan Warnstadt Dearden Johnson Redfern Wieck Dotzler Kettering Rehberg Zieman Drake Kibbie Schuerer Nays, none. 79th Day TUESDAY, MARCH 30, 2004 753 Absent, 3: Iverson Lamberti Larson The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. House File 2397 On motion of Senator Gaskill, House File 2397, a bill for an act relating to the act or property of a public utility with respect to the definition of nuisance, 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. 2397), the vote was: Yeas, 45: Angelo Dvorsky Lundby Seymour Beall Fraise McCoy Shull Behn Gaskill McKibben Sievers Black Gronstal McKinley Stewart Boettger Hatch Miller Tinsman Bolkcom Holveck Putney Veenstra Brunkhorst Horn Quirmbach Ward Connolly Hosch Ragan Warnstadt Courtney Houser Redfern Wieck Dearden Kettering Rehberg Dotzler Kibbie Schuerer Drake Kreiman Seng Nays, 2: Johnson Zieman Absent, 3: Iverson Lamberti Larson The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 754 JOURNAL OF THE SENATE 79th Day IMMEDIATELY MESSAGED Senator Veenstra asked and received unanimous consent that House Files 2167, 2397, and 2522 be immediately messaged to the House. CONSIDERATION OF BILL (Regular Calendar) Senator Veenstra asked and received unanimous consent to take up for consideration House File 2493. House File 2493 On motion of Senator Ward, House File 2493, a bill for an act relating to regulation of sales at unused property markets and providing penalties, with report of committee recommending passage, was taken up for consideration. Senator Ward 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. 2493), the vote was: Yeas, 46: Angelo Dvorsky Lundby Seymour Beall Fraise McCoy Shull Behn Gaskill McKibben Sievers Black Gronstal McKinley Stewart Boettger Hatch Miller Tinsman Bolkcom Holveck Putney Veenstra Brunkhorst Horn Quirmbach Ward Connolly Hosch Ragan Warnstadt Courtney Houser Redfern Wieck Dearden Johnson Rehberg Zieman Dotzler Kettering Schuerer Drake Kibbie Seng Nays, 1: Kreiman 79th Day TUESDAY, MARCH 30, 2004 755 Absent, 3: Iverson Lamberti Larson The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Veenstra asked and received unanimous consent that House File 2493 be immediately messaged
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