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Senate Journal: Monday, January 28, 2002

JOURNAL OF THE SENATE

__________

FIFTEENTH CALENDAR DAY
NINTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, January 28, 2002

The Senate met in regular session at 1:09 p.m., President Kramer
presiding.

Prayer was offered by the Reverend Betsey Sue Neipert, pastor of
the Nichols United Methodist Parish in Nichols, Iowa. She was the
guest of Senator Drake.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Pages Alissa Darrow,
Jessi Fisher, and Wendy Walker.

The Journal of Thursday, January 24, 2002, was approved.

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 105, by Iverson and Gronstal, a
concurrent resolution designating January 30, 2002, as Iowa
Insurance Day.

Read first time and referred to committee on Rules and
Administration.

INTRODUCTION OF BILL

Senate File 2057, by Iverson, a bill for an act relating to the
designation of a Dr. Norman E. Borlaug World Food Prize Day.

Read first time and referred to committee on Rules and
Administration.


LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator McKean, until he arrives, on request of Senator Iverson.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 1:35 p.m.
until 9:00 a.m. Tuesday, January 29, 2002.


APPENDIX

COMMITTEE CHANGES

Senator Iverson announced the following interim changes in
committee assignments to fill vacancies created by Senator JoAnn
Johnson's resignation from the Senate:

Senator Jensen will be added to the Natural Resources and Environment
Committee.
Senator Freeman will be added to the Local Government Committee.
Senator Rehberg will be added to the Commerce Committee.
Senator Behn will be added to the Rules and Administration Committee.
Senator Rittmer will serve as Vice Chair of the Health and Human Rights
Appropriations Subcommittee.

Senator Iverson announced the following permanent changes in
committee memberships:

Senator Schuerer will move from the Local Government Committee to the State
Government Committee.
Senator Houser will move from the State Government Committee to the Local
Government Committee.

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 28, 2002

DEPARTMENT OF HUMAN RIGHTS

FY 2001 Annual Reports for the Commission of Persons with Disabilities and the
Client Assistance Program notification that the report in electronic form is available
online.

AGENCY ICN REPORT

DEPARTMENT OF TRANSPORTATION

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


CERTIFICATES OF RECOGNITION

The Secretary of the Senate issued the following certificates of
recognition:

Allen Burt, Marshalltown For being named Pork All American. Senator
McKibben (01/22/02).

Darrel Burt, Marshalltown For being named Pork All American. Senator
McKibben (01/22/02).

Mildred Osburn, Bedford For celebrating your 100th birthday on January 19, 2002.
Senator Angelo (01/24/02).

Adelaide Armstrong, Belmond For celebrating your 100th birthday. Senator
Iverson (01/28/02).

Sandy Anderson, Belmond For receiving the Sunshine Award. Senator Iverson
(01/28/02).

Rob Dugger, Belmond For receiving the Distinguished Junior Citizen Award.
Senator Iverson (01/28/02).

Nick Myers, Belmond For your dedication to volunteer work. Senator Iverson
(01/28/02).

Mary Jo Swenson, Belmond For receiving the Distinguished Citizen Award.
Senator Iverson (01/28/02).

The Tai Dam Traditional New Year Committee of Storm Lake For recognition
and congratulations on the occasion of the Lunar Chinese New Year, "The Year of the
Horse." Senator Freeman (01/28/02).

Fonda Thompsen, Belmond For your dedication as a religious leader. Senator
Iverson (01/28/02).

Clyde Vedane, Dows For 28 years of dedicated service to the community.
Senator Iverson (01/28/02).

REPORTS OF COMMITTEE MEETINGS

EDUCATION

Convened: January 28, 2002, 1:45 p.m.

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

Members Absent: Redfern (excused).

Committee Business: Presentation by University of Iowa researchers, instructors,
and students.

Adjourned: 2:34 p.m.

HUMAN RESOURCES

Convened: January 28, 2002, 2:36 p.m.

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

Members Absent: None.

Committee Business: Passed SF 2023.

Adjourned: 2:50 p.m.

RULES AND ADMINISTRATION

Convened: January 28, 2002, 1:35 p.m.

Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Dvorsky, Fink, Harper, and Rittmer.

Members Absent: Gaskill and McKean (both excused).

Committee Business: Passed SCR 105 and SF 2057.

Adjourned: 1:38 p.m.

STATE GOVERNMENT

Convened: January 28, 2002, 3:10 p.m.

Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member;
Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, Rittmer,
Schuerer, and Sexton.

Members Absent: Houser and McKean (both excused).

Committee Business: Approved SSB 3040 and presentation on redistricting.

Adjourned: 4:25 p.m.

TRANSPORTATION

Convened: January 28, 2002, 2:35 p.m.


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

Members Absent: None.

Committee Business: Subcommittee assignments. Discussion of department bills.

Adjourned: 2:47 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 103, by Zieman, a Senate resolution honoring
Coach Lowell Lyngaas and his Race America runners from Valley
School District in northeast Iowa.

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

Senate Resolution 104, by Kramer, Angelo, Behn, Black,
Boettger, Bolkcom, Connolly, Dearden, Deluhery, Drake, Fiegen,
Fink, Flynn, Fraise, Freeman, Gaskill, Greiner, Gronstal, Hammond,
Hansen, Harper, Holveck, Horn, Houser, Iverson, Jensen, Kibbie,
King, Lamberti, Lundby, Maddox, McCoy, McKean, McKibben,
McKinley, Miller, Redfern, Redwine, Rehberg, Rittmer, Schuerer,
Sexton, Shearer, Soukup, Tinsman, Veenstra, and Zieman, a Senate
resolution designating June 15, 2002, as Juneteenth National
Freedom Day.

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

INTRODUCTION OF BILLS

Senate File 2058, by Veenstra, a bill for an act requiring a person
who commits any criminal offense of sexual exploitation of a minor to
register as a sex offender.

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

Senate File 2059, by Soukup, a bill for an act relating to animal
feeding operations, by establishing a moratorium upon the

construction of swine confinement feeding operation structures,
making penalties applicable, and providing an effective date.

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

Senate File 2060, by Shearer, a bill for an act relating to the
abatement of interest on state sales and use taxes and local sales and
services taxes of purchasers of certain access to on-line computer
services and providing refunds, and including effective and
applicability date provisions.

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

Senate File 2061, by Shearer, a bill for an act relating to the sales
and use tax exemption for charges paid for access to on-line computer
services, providing for refunds, and including an effective and
retroactive applicability date provision.

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

Senate File 2062, by Shearer, a bill for an act relating to the
abatement of state sales and use taxes and local sales and service
taxes of purchasers of certain access to on-line computer services and
providing refunds, and including effective and applicability date
provisions.

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

Senate File 2063, by Angelo, a bill for an act relating to the
administrative procedures of certain county officers for the
assessment and collection of property taxes on separately owned land
and improvements.

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


Senate File 2064, by Dvorsky, a bill for an act establishing a
prevention of domestic violence special motor vehicle registration
plate and establishing fees.

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

Senate File 2065, by Freeman, a bill for an act relating to
recycling waste oil filters, establishing fees, and making an
appropriation.

Read first time under Rule 28 and referred to committee on
Natural Resources and Environment.

Senate File 2066, by Redwine, a bill for an act relating to the
automatic repeal of a local option sales and services tax.

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

Senate File 2067, by committee on Human Resources, a bill for
an act relating to body piercing including requiring a permit for
practicing body piercing and prohibiting body piercing of minors
without prior written consent of a parent, providing for injunctive
relief, and providing penalties.

Read first time under Rule 28 and placed on calendar.

STUDY BILLS RECEIVED

SSB 3058 Transportation

Relating to restrictions on advertising devices placed along
interstate highways and providing a delayed effective date.

SSB 3059 Transportation

Relating to modal transportation, including changes in transit
coordination requirements, elimination of the Iowa railway finance
authority, and changes in the aircraft registration process.


SSB 3060 Commerce

Relating to the transfer of certain deposit and investment accounts
upon the death of the decedent.

SUBCOMMITTEE ASSIGNMENTS

Senate Concurrent Resolution 105

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Resolution 103

RULES AND ADMINISTRATION: Iverson, Chair; Dvorsky and Rittmer

Senate Resolution 104

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 28
(Reassignment)

COMMERCE: Maddox, Chair; Gronstal and Lundby

Senate File 2010

STATE GOVERNMENT: McKean, Chair; Drake and Fink

Senate File 2011

STATE GOVERNMENT: Rittmer, Chair; Connolly and King

Senate File 2017

STATE GOVERNMENT: Jensen, Chair; Drake and Kibbie

Senate File 2037

TRANSPORTATION: Houser, Chair; Dearden and Jensen

Senate File 2040

HUMAN RESOURCES: Veenstra, Chair; Behn and Shearer

Senate File 2042

LOCAL GOVERNMENT: Zieman, Chair; Fraise and Schuerer


Senate File 2046

HUMAN RESOURCES: Redwine, Chair; Boettger and Hammond

Senate File 2047

TRANSPORTATION: Zieman, Chair; Fink and Sexton

Senate File 2050

AGRICULTURE: Gaskill, Chair; Fraise and Houser

Senate File 2051

AGRICULTURE: Houser, Chair; Angelo and Fraise

Senate File 2052

AGRICULTURE: Houser, Chair; Angelo and Fraise

Senate File 2057

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

House File 583
(Reassignment)

NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Bolkcom and
Rittmer

SSB 3058

TRANSPORTATION: Freeman, Chair; Fraise and Jensen

SSB 3059

TRANSPORTATION: Drake, Chair; Jensen and Kibbie

SSB 3060

COMMERCE: Freeman, Chair; Flynn and Redwine

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
January 17, 2002, when the vote was taken on House Concurrent Resolution 104. Had
I been present, I would have voted "Nay." In addition, I was necessarily absent from
the Senate chamber on January 24, 2002, when the vote was taken on Senate
File 2018. Had I been present, I would have voted "Aye." Also, when the votes were
taken on amendments S-5003A, S-5003B, S-5006, and S-5009 to House File 2078,
I would have voted "Aye" on all; and on amendments S-5005 and S-5010 to

House File 2078, I would have voted "Nay" on both. On House File 2078, I would have
voted "Aye."

MERLIN E. BARTZ

COMMITTEE REPORTS

HUMAN RESOURCES

Final Bill Action: SENATE FILE 2067 (formerly SF 2023), a bill for an act relating
to body piercing including requiring a permit for practicing body piercing and
prohibiting body piercing of minors without prior written consent of a parent, providing
for injunctive relief, and providing penalties.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky,
Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not
voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

RULES AND ADMINISTRATION

Final Bill Action: SENATE CONCURRENT RESOLUTION 105, a concurrent
resolution designating January 30, 2002, as Iowa Insurance Day.

Recommendation: DO PASS.

Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Harper,
and Rittmer. Nays, none. Absent or not voting, 2: Gaskill and McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2057, a bill for an act relating to the designation of
a Dr. Norman E. Borlaug World Food Prize Day.

Recommendation: DO PASS.

Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Fink, Harper,
and Rittmer. Nays, none. Absent or not voting, 2: Gaskill and McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


Previous Day: Thursday, January 24Next Day: Tuesday, January 29
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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