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Senate Journal: Tuesday, January 29, 2002

JOURNAL OF THE SENATE

__________

SIXTEENTH CALENDAR DAY
TENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, January 29, 2002

The Senate met in regular session at 9:03 a.m., President Kramer
presiding.

Prayer was offered by the Reverend John De Boef, pastor of the
Hilltop Chapel in What Cheer, Iowa. He was the guest of Senator
Greiner.

The Journal of Monday, January 28, 2002, was approved.

ADJOURNMENT

On motion of Senator Boettger, the Senate adjourned at 9:18 a.m.
until 9:00 a.m. Wednesday, January 30, 2002.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Joshua Eberly, Corning - For achieving the rank of Eagle Scout. Senator Angelo
(01/29/02).

Cory Kuykendall, Roland - For achieving the rank of Eagle Scout. Senator
McKibben (01/29/02).

PETITION

The following petition was presented and placed on file:

From 35 residents of Cerro Gordo County opposing legislation to
place horse racing on an eight-year county referendum. Senator
Bartz.

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: January 29, 2002, 2:05 p.m.

Members Present: Lamberti, Chair; Flynn, Ranking Member; Angelo, Deluhery,
Dvorsky, Fiegen, Gaskill, Hammond, Horn, Lundby, Rehberg, Schuerer, Soukup,
Tinsman, Veenstra, and Zieman.

Members Absent: Kramer, Vice Chair; Black, Bolkcom, Connolly, Jensen, King,
McKibben, McKinley, and Redfern (all excused).

Committee Business: Subcommittee assignments and tabling of last year's bills.

Adjourned: 2:12 p.m.

COMMERCE

Convened: January 29, 2002, 1:06 p.m.

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

Members Absent: Hansen and Lundby (both excused).


Committee Business: Presentation by David Lynch, Iowa Utilities Board.

Adjourned: 2:00 p.m.

JUDICIARY

Convened: January 29, 2002, 11:10 a.m.

Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member;
Angelo, Fiegen, Fraise, Hammond, Hansen, Horn, King, McKean, Miller, and Tinsman.

Members Absent: Boettger and Lamberti (both excused).

Committee Business: Discussed SSB 3006.

Adjourned: 11:55 a.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: January 29, 2002, 10:15 a.m.

Members Present: Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member; Black,
Bolkcom, Dearden, Deluhery, Drake, Freeman, Jensen, Kibbie, Lundby, Miller, and
Rittmer.

Members Absent: None.

Committee Business: Presentation by Dr. Al Farris of the DNR on hunting and
fishing licenses and the Fish Wildlife Trust Fund.

Adjourned: 11:05 a.m.

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: January 29, 2002, 10:18 a.m.

Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member;
Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Holveck, McKinley, and Veenstra.

Members Absent: Lamberti (excused).

Committee Business: Presentation by Joni Thorton, Executive Director of the
Women's Business Center of Iowa.

Adjourned: 10:55 a.m.


INTRODUCTION OF RESOLUTIONS

Senate Joint Resolution 2002, by committee on State
Government, a joint resolution proposing an amendment to the
Constitution of the State of Iowa relating to the composition of the
militia.

Read first time under Rule 28 and placed on calendar.

Senate Concurrent Resolution 106, by Bolkcom, a concurrent
resolution providing for the establishment of a committee by the
legislative council to conduct a study of predatory or subprime
lending practices.

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

Senate Resolution 105, by Redwine, a Senate resolution
honoring Goodwill Industries International in its centennial year.

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

INTRODUCTION OF BILLS

Senate File 2068, by Lamberti, a bill for an act relating to the
acquisition, enforceability, and purpose of conservation easements.

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

Senate File 2069, by Houser, Gaskill, Behn, Boettger, Angelo,
Schuerer, Fink, Connolly, McCoy, Hammond, Fraise, Kibbie,
Dearden, Shearer, Soukup, and Harper, a bill for an act relating to
assessment of certain vineyards for purposes of property taxation and
providing a retroactive applicability date.

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


Senate File 2070, by Zieman, a bill for an act relating to the
budget certification deadline for school districts and providing an
applicability date.

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

Senate File 2071, by Bolkcom and Dvorsky, a bill for an act
requiring motor vehicle operators to change lanes 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 2072, by Bolkcom, a bill for an act relating to the
development by the director of the department of education of model
money management curricula for grades three through twelve and a
statewide model for staff development for teaching money
management.

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

Senate File 2073, by Bolkcom, a bill for an act relating to health
care including the use of moneys deposited in the senior living trust
fund and the personal needs allowance provided under the medical
assistance program for residents of health care facilities.

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

Senate File 2074, by Bolkcom, a bill for an act relating to the
management and supervision of nursing care and providing penalties.

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

Senate File 2075, by Kibbie, a bill for an act creating a rebuttable
presumption concerning failure to obey school bus warning devices.


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

Senate File 2076, by Redwine, a bill for an act prohibiting a
registered sex offender from residing near an elementary or
secondary school, and providing a penalty.

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

Senate File 2077, by Houser, a bill for an act prohibiting actions
involving the sale or long-term use of state resource center real estate
that includes native American burial sites and deep loess soils and
other significant natural resources, and providing an immediate
effective date.

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

Senate File 2078, by Angelo, a bill for an act relating to the
withdrawal of blood without a warrant from a person under arrest for
an operating-while-intoxicated offense when the arrest results from a
traffic accident resulting in death or personal injury reasonably likely
to cause death.

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

Senate File 2079, by Bartz, a bill for an act eliminating the
requirement that a bicycle safety flag be used while operating an all-
terrain vehicle or snowmobile on a highway.

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

Senate File 2080, by Harper, a bill for an act relating to sales and
use taxes by incorporating the simplified sales and use tax
administration Act into Iowa law, authorizing the director of revenue
and finance to negotiate with other states to simplify and modernize
sales and use tax administration, and including an effective date.


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

Senate File 2081, by Kibbie, a bill for an act relating to creditor
interests, by providing for landlord liens including the perfection of
agricultural liens by landlords and their priority.

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

STUDY BILLS RECEIVED

SSB 3061 State Government

Relating to the payment of overtime to state employees and the
applicability of the federal Fair Labor Standards Act.

SSB 3062 State Government

Providing for special late voter registration to enable an eligible
elector to vote at the polling place on election day and providing a
durational residency requirement for voting.

SSB 3063 State Government

Relating to membership on election boards.

SSB 3064 State Government

Relating to the office of secretary of state and the conduct of
elections, and voter registration in the state and providing effective
and applicability dates.

SSB 3065 State Government

Requiring voters to present identification containing a photograph
to a precinct election official prior to voting.


SSB 3066 State Government

Relating to eligibility requirements for work-related disability
benefits for certain members of public retirement systems in this
state who have a disease and providing an effective date.

SSB 3067 State Government

Relating to the department of public defense by amending the
state military code and the Iowa code of military justice, creating a
statewide mutual aid compact, providing for the confidentiality of
certain records, exempting the department of public defense from
certain state service contract requirements and state competitive
bidding requirements, exempting the Iowa technology center from
anticompetition provisions, increasing a standing appropriation,
providing criminal penalties for violations, and providing effective
dates.

SSB 3068 Local Government

Relating to the preparation and filing of an assessment schedule
for abatement of a nuisance by a city.

SSB 3069 Judiciary

Relating to the reimbursement of costs and expenses incurred by
an indigent person for filing certain applications for postconviction
relief.

SSB 3070 Judiciary

Relating to the admissibility of prior criminal offenses into
evidence in the prosecution of certain crimes.

SSB 3071 Judiciary

Relating to public assistance benefits received by persons who
were not entitled or eligible to receive the benefits, providing criminal
and civil penalties, and appropriating certain penalties received.


SSB 3072 Human Resources

Establishing an office of health care professional development.

SUBCOMMITTEE ASSIGNMENTS

Senate File 353

HUMAN RESOURCES: Schuerer, Chair; Dvorsky and Veenstra

Senate File 468

EDUCATION: Boettger, Chair; Connolly and Rehberg

Senate File 477

EDUCATION: Boettger, Chair; Connolly and Rehberg

Senate File 2043

APPROPRIATIONS: Lundby, Chair; Deluhery and Kramer

Senate File 2044

WAYS AND MEANS: Miller, Chair; Connolly and Maddox

Senate File 2045

APPROPRIATIONS: McKinley, Chair; Fiegen and Lamberti

Senate File 2054

HUMAN RESOURCES: Tinsman, Chair; Harper and Veenstra

Senate File 2056

HUMAN RESOURCES: Veenstra, Chair; Dvorsky and Tinsman

Senate File 2060

WAYS AND MEANS: Drake, Chair; Flynn and Maddox

Senate File 2061

WAYS AND MEANS: Drake, Chair; Connolly and Rehberg

Senate File 2062

WAYS AND MEANS: Drake, Chair; Greiner and Holveck


Senate File 2063

WAYS AND MEANS: Miller, Chair; Flynn and Greiner

Senate File 2066

WAYS AND MEANS: Rehberg, Chair; Harper and McKinley

SSB 3061

STATE GOVERNMENT: Lamberti, Chair; Dearden and King

SSB 3062

STATE GOVERNMENT: King, Chair; Connolly and McKean

SSB 3063

STATE GOVERNMENT: King, Chair; Connolly and McKean

SSB 3064

STATE GOVERNMENT: McKean, Chair; Connolly and King

SSB 3065

STATE GOVERNMENT: King, Chair; Bolkcom and Sexton

SSB 3066

STATE GOVERNMENT: Schuerer, Chair; Fink and Sexton

SSB 3067

STATE GOVERNMENT: Jensen, Chair; Bolkcom and Maddox

SSB 3068

LOCAL GOVERNMENT: Bartz, Chair; Gaskill and Horn

SSB 3069

JUDICIARY: McKean, Chair; Hammond and Miller

SSB 3070

JUDICIARY: Angelo, Chair; Hansen and Redfern

SSB 3071

JUDICIARY: Lamberti, Chair; Hammond and Tinsman


SSB 3072

HUMAN RESOURCES: Boettger, Chair; Miller and Shearer

COMMITTEE REPORT

STATE GOVERNMENT

Final Bill Action: SENATE JOINT RESOLUTION 2002 (SSB 3040), a joint
resolution proposing an amendment to the Constitution of the State of Iowa relating to
the composition of the militia.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: King, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink,
Jensen, Maddox, Rittmer, Schuerer, and Sexton. Nays, none. Absent or not voting, 3:
Lamberti, Bolkcom, and McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

Previous Day: Monday, January 28Next Day: Wednesday, January 30
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

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