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Senate Journal: Wednesday, January 23, 2002

JOURNAL OF THE SENATE

__________

TENTH CALENDAR DAY
SEVENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Wednesday, January 23, 2002

The Senate met in regular session at 9:06 a.m., President Kramer
presiding.

Prayer was offered by the Reverend David Ruhe, pastor of the
Plymouth Congregational United Church of Christ in Des Moines,
Iowa. He was the guest of President Kramer.

The Journal of Tuesday, January 22, 2002, was approved.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Jensen and Lundby, until they arrive, on request of Senator Iverson.

STANDING COMMITTEE CHANGE

Senator Iverson announced that because of the resignation of
Senator Johnson, Senator Jensen would now serve as Chair of the
committee on Commerce.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 9:18 a.m.
until 9:00 a.m. Thursday, January 24, 2002.


APPENDIX

RESIGNATION FROM OFFICE

January 22, 2002

Honorable Mary Kramer
State Capitol
Des Moines, IA 50319

Dear President Kramer:

For the past seven years I have had the honor of serving Senate District 39 in the
Iowa Senate. I have just been notified of a recess appointment by President Bush to
the National Credit Union Administration Board, which I will accept.

Please accept my resignation from the Iowa Senate, effective immediately.

Best wishes for a successful session.

Respectfully submitted,
JoAnn Johnson

COMMUNICATIONS

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

January 23, 2002

BOARD OF REGENTS

Center for Health Effects of Environmental Contamination Annual Report,
pursuant to Iowa Code section 263.17(4b).

Annual report on minority and women educators, pursuant to Iowa Code sections
262.82 and 262.93, and annual affirmative action cost report for FY 2001, pursuant to
Iowa Code section 19B.5.

MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM OF IOWA

Annual Report for FY 2001, pursuant to Iowa Code section 411.5.

DEPARTMENT OF PUBLIC HEALTH

Division of Tobacco Use Prevention and Control Update on Grantee Activities,
pursuant to Iowa Code section 142A.4(12).


AGENCY ICN REPORT

MENTAL HEALTH INSTITUTE-INDEPENDENCE, IOWA

Iowa Communications Network (ICN) Usage for FY 2001, pursuant to Iowa Code
section 8D.10.

REPORTS OF COMMITTEE MEETINGS

AGRICULTURE

Convened: January 23, 2002, 8:35 a.m.

Members Present: Behn, Chair; Houser, Vice Chair; Fraise, Ranking Member;
Angelo, Black, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and
Zieman.

Members Absent: Bartz and Fiegen (both excused).

Committee Business: Approved SSB 3012.

Adjourned: 9:00 a.m.

APPROPRIATIONS

Convened: January 23, 2002, 1:05 p.m.

Members Present: Lamberti, Chair; Flynn, Ranking Member; Angelo, Black,
Bolkcom, Connolly, Dvorsky, Gaskill, Hammond, Horn, Jensen, King, McKibben,
McKinley, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.

Members Absent: Kramer, Vice Chair; Deluhery, Fiegen, Lundby, and Redfern (all
excused).

Committee Business: Organizational meeting and presentation by the Legislative
Fiscal Bureau.

Adjourned: 1:30 p.m.

BUSINESS AND LABOR RELATIONS

Convened: January 23, 2002, 10:10 a.m.

Members Present: Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking Member;
Behn, Fraise, Hammond, Horn, King, McKibben, and Schuerer.

Members Absent: Lundby (excused).

Committee Business: Discussed SSBs 3025 and 3026.

Adjourned: 10:25 a.m.

COMMERCE

Convened: January 23, 2002, 2:11 p.m.

Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member;
Bolkcom, Flynn, Freeman, Gronstal, McCoy, and Redfern.

Members Absent: Hansen, King, Lundby, Maddox, and Redwine (all excused).

Committee Business: Organizational meeting.

Adjourned: 2:17 p.m.

EDUCATION

Convened: January 23, 2002, 10:10 a.m.

Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
Member; Angelo, Dvorsky, Fink, Harper, McKinley, Redfern, Redwine, Shearer,
Soukup, and Tinsman.

Members Absent: Kramer and Veenstra (both excused).

Committee Business: Presentation by Director of the Department of Education on
education in Iowa.

Adjourned: 11:06 a.m.

HUMAN RESOURCES

Convened: January 23, 2002, 11:07 a.m.

Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking
Member; Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and
Veenstra.

Members Absent: Bartz (excused).

Committee Business: Presentation by the Comprehensive Cancer Control Study
Committee.

Adjourned: 11:55 a.m.

TRANSPORTATION

Convened: January 23, 2002, 11:10 a.m.

Members Present: Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member;
Dearden, Fink, Fraise, Freeman, Houser, Jensen, Kibbie, McKinley, and Zieman.

Members Absent: Sexton (excused).


Committee Business: Presentation on the Road Use Tax Fund and other
transportation issues.

Adjourned: 12:10 p.m.

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 104, by committee on
Agriculture, a concurrent resolution urging the United States
Congress provide funding for the modernization of lock and dam
infrastructure on the Upper Mississippi and Illinois Rivers Inland
Waterways Transportation System.

Read first time under Rule 28 and placed on calendar.

INTRODUCTION OF BILLS

Senate File 2032, by committee on Judiciary, a bill for an act
relating to the Iowa crime victim compensation program.

Read first time under Rule 28 and placed on calendar.

Senate File 2033, by Kibbie, a bill for an act relating to the
compensation of members of county commissions of veteran affairs.

Read first time under Rule 28 and referred to committee on Local
Government.

Senate File 2034, by committee on Judiciary, a bill for an act
relating to the filing of a criminal indictment or trial information
against a person who is not present in the state.

Read first time under Rule 28 and placed on calendar.

Senate File 2035, by Angelo, a bill for an act relating to the
administrative procedures of county treasurers for property taxation
and vehicle registration.

Read first time under Rule 28 and referred to committee on Local
Government.


Senate File 2036, by Dvorsky, a bill for an act relating to reading
a victim impact statement at a criminal sentencing hearing.

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

Senate File 2037, by Dvorsky, a bill for an act relating to certain
precautions motor vehicle operators must take when passing
stationary authorized emergency, towing, recovery, and highway
maintenance vehicles and providing a penalty.

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

Senate File 2038, by McKean, a bill for an act relating to
analyzing the confinement and detention needs of jails, and other
local or regional confinement facilities, prohibiting certain financial
interests in the construction of a jail or facility, and providing an
effective date.

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

STUDY BILLS RECEIVED

SSB 3032 State Government

Relating to the application procedure for variances from the rules
or standards for open burning.

SSB 3033 State Government

Relating to the township property tax levy for fire protection
service and emergency medical services and providing an
applicability date.

SSB 3034 State Government

Relating to the applicability of the thermal efficiency energy
conservation standards in the state building code.


SSB 3035 State Government

Relating to requirements for state and local governmental units,
including requirements for the secretary of state and counties
relating to the filing of business and commercial documents,
providing for fees and appropriations, and providing effective and
retroactive applicability dates.

SSB 3036 State Government

Appropriating state matching funds in order to receive federal
dollars for election reform.

SSB 3037 State Government

Requiring a voter registrant to include the last four numerals of
the registrant’s social security number on voter registration forms.

SSB 3038 State Government

Establishing a state election administrator training program and
certification board.

SSB 3039 State Government

Relating to persons authorized to occupy a voting booth with a
voter.

SSB 3040 State Government

Proposing an amendment to the Constitution of the State of Iowa
relating to the composition of the militia.

SSB 3041 State Government

Allowing elections in certain cities to be conducted by mail ballots
and providing penalties.


SSB 3042 State Government

Relating to the public safety peace officers’ retirement, accident,
and disability system by providing for the calculation of accidental
disability benefits, establishing subrogation rights of the retirement
system, concerning portability of benefits with the statewide fire and
police retirement system, and providing an effective and retroactive
applicability date.

SSB 3043 State Government

Relating to youth participation in the electoral process.

SSB 3044 State Government

Relating to the administration of the Iowa lottery by providing for
employees and vendor background investigations, marketing
materials, and the identification of instant lottery tickets.

SSB 3045 Business and Labor Relations

Relating to permitted and prohibited occupations for certain child
laborers involving motor vehicle cleaning, washing, and polishing,
and providing an effective date.

SUBCOMMITTEE ASSIGNMENTS

Senate File 10
(Reassignment)

AGRICULTURE: Houser, Chair; Fraise and Greiner

Senate File 61

AGRICULTURE: Zieman, Chair; Bartz and Kibbie

Senate File 64
(Reassignment)

AGRICULTURE: Gaskill, Chair; Greiner and Shearer

Senate File 149

AGRICULTURE: Angelo, Chair; Bartz and Soukup


Senate File 217
(Reassignment)

AGRICULTURE: Houser, Chair; Greiner and Shearer

Senate File 254
(Reassignment)

AGRICULTURE: Houser, Chair; Fraise, Greiner, Kibbie, and Sexton

Senate File 319

AGRICULTURE: Kibbie, Chair; Fraise and Houser

Senate File 454

AGRICULTURE: Houser, Chair; Behn and Fiegen

Senate File 495

AGRICULTURE: Kibbie, Chair; Fraise and Houser

Senate File 502

AGRICULTURE: Houser, Chair; Behn and Fiegen

Senate File 506
(Reassignment)

AGRICULTURE: Houser, Chair; Behn and Fiegen

Senate File 2005

EDUCATION: Kramer, Chair; Fink and Veenstra

Senate File 2015

EDUCATION: Boettger, Chair; Connolly and Rehberg

Senate File 2016

EDUCATION: Boettger, Chair; Connolly and Rehberg

Senate File 2026

JUDICIARY: Angelo, Chair; Fiegen and Redfern

Senate File 2027

EDUCATION: McKinley, Chair; Rehberg and Soukup


SSB 1002
(Reassignment)

AGRICULTURE: Fraise, Chair; Bartz and Kibbie

SSB 3032

STATE GOVERNMENT: King, Chair; Houser and Kibbie

SSB 3033

STATE GOVERNMENT: Sexton, Chair; Kibbie and Maddox

SSB 3034

STATE GOVERNMENT: Drake, Chair; Bolkcom and Maddox

SSB 3035

STATE GOVERNMENT: Lamberti, Chair; Deluhery and King

SSB 3036

STATE GOVERNMENT: Lamberti, Chair; Kibbie and King

SSB 3037

STATE GOVERNMENT: King, Chair; Connolly and Jensen

SSB 3038

STATE GOVERNMENT: McKean, Chair; Bolkcom and King

SSB 3039

STATE GOVERNMENT: McKean, Chair; Deluhery and Rittmer

SSB 3040

STATE GOVERNMENT: Drake, Chair; Jensen and Kibbie

SSB 3041

STATE GOVERNMENT: Drake, Chair; Jensen and Kibbie

SSB 3042

STATE GOVERNMENT: Rittmer, Chair; Connolly and King


SSB 3043

STATE GOVERNMENT: King, Chair; Deluhery and Sexton

SSB 3044

STATE GOVERNMENT: McKean, Chair; Fink and Lamberti

SSB 3045

BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Freeman and Fraise

COMMITTEE REPORTS

AGRICULTURE

Final Bill Action: SENATE CONCURRENT RESOLUTION 104 (SSB 3012), a
concurrent resolution urging the United States Congress provide funding for the
modernization of lock and dam infrastructure on the Upper Mississippi and Illinois
Rivers Inland Waterways Transportation System.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Behn, Houser, Fraise, Angelo, Black, Gaskill, Greiner, Kibbie,
Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 2:
Bartz and Fiegen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

JUDICIARY

Final Bill Action: SENATE FILE 2032 (SSB 3010), a bill for an act relating to the
Iowa crime victim compensation program.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: Maddox, Holveck, Fraise, Hammond, Horn, King, Lamberti,
McKean, Miller, and Tinsman. Nays, 1: Angelo. Absent or not voting, 4: Redfern,
Boettger, Fiegen, and Hansen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: *SENATE FILE 2034 (formerly SF 2002), a bill for an act relating
to the filing of a criminal indictment or trial information against a person who is not
present in the state.

Recommendation: APPROVED COMMITTEE BILL.


Final Vote: Ayes, 12: Maddox, Holveck, Angelo, Boettger, Fraise, Hammond, Horn,
King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 3:
Redfern, Fiegen, and Hansen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Judiciary Committee on Senate File 2034, and they
were attached to the committee report.

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