Senate Journal: Wednesday, January 30, 2002
JOURNAL OF THE SENATE
__________
SEVENTEENTH CALENDAR DAY
ELEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, January 30, 2002
The Senate met in regular session at 9:11 a.m., President Kramer
presiding.
Prayer was offered by Dr. David Clark, pastor of the First United
Methodist Church in Indianola, Iowa. He was the guest of Senator
Fink.
The Journal of Tuesday, January 29, 2002, was approved.
SPECIAL GUESTS
Senator Shearer introduced Ms. Olga Grébneva and Ms. Tatiana
Shíshkina, fashion designers from Cherkassy, Ukraine. They were
hosted by the Iowa Council for International Understanding.
The Senate rose and expressed its welcome.
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 January 29, 2002, adopted the following resolution in which the
concurrence of the Senate is asked:
House Concurrent Resolution 105, a concurrent resolution
designating January 30, 2002, as Iowa Insurance Day.
Read first time and attached to companion Senate
Concurrent Resolution 105.
ALSO: That the House has on January 29, 2002, passed the following bill in which
the concurrence of the Senate is asked:
House File 2075, a bill for an act relating to the repayment of
moneys appropriated from the endowment for Iowa's health account
of the tobacco settlement trust fund for purposes of the student
achievement and teacher quality program.
Read first time and referred to committee on Appropriations.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators McKibben and Redfern, until they arrive, on request of Senator Iverson.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2057.
Senate File 2057
On motion of Senator Iverson, Senate File 2057, a bill for an act
relating to the designation of a Dr. Norman E. Borlaug World Food
Prize Day, with report of committee recommending passage, was
taken up for consideration.
Senator Iverson 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?" (S.F. 2057), the vote was:
Ayes, 47:
Angelo | Bartz | Behn | Black |
Boettger | Bolkcom | Connolly | Dearden |
Deluhery | Drake | Dvorsky | Fiegen |
Fink | Flynn | Fraise | Freeman |
Gaskill | Greiner | Gronstal | Hammond |
Hansen | Harper | Holveck | Horn |
Houser | Iverson | Jensen | Kibbie |
King | Kramer | Lamberti | Lundby |
Maddox | McCoy | McKean | McKinley |
Miller | Redwine | Rehberg | Rittmer |
Schuerer | Sexton | Shearer | Soukup |
Tinsman | Veenstra | Zieman |
|
Nays, none.
Absent or not voting, 2:
Vacant, 1.
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 104.
Senate Concurrent Resolution 104
On motion of Senator Zieman, Senate Concurrent Resolution 104,
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, was taken up for consideration.
Senator Connolly asked and received unanimous consent that
action on Senate Concurrent Resolution 104 be deferred.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 105.
Senate Concurrent Resolution 105
On motion of Senator Iverson, Senate Concurrent Resolution 105,
a concurrent resolution designating January 30, 2002, as Iowa
Insurance Day, with report of committee recommending passage, was
taken up for consideration.
Senator Iverson asked and received unanimous consent that
House Concurrent Resolution 105 be substituted for Senate
Concurrent Resolution 105.
House Concurrent Resolution 105
On motion of Senator Iverson, House Concurrent Resolution 105,
a concurrent resolution designating January 30, 2002, as Iowa
Insurance Day, was taken up for consideration.
Senator Iverson moved the adoption of House Concurrent
Resolution 105, which motion prevailed by a voice vote.
WITHDRAWN
Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 105 be withdrawn from further
consideration of the Senate.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
House Concurrent Resolution 105 and Senate File 2057 be
immediately messaged to the House.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 9:47 a.m.
until 9:00 a.m. Thursday, January 31, 2002.
APPENDIX
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 30, 2002
IOWA FINANCE AUTHORITY
Annual Report, pursuant to Iowa Code section 16.7.
AGENCY ICN REPORT
DEPARTMENT OF INSPECTIONS AND APPEALS
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:
Nellie Franklin, Creston — For celebrating your 100th birthday. Senator Angelo
(01/30/02).
Iowa Corn Promotion Board, Johnston — For celebrating your 25th anniversary.
Senator Iverson (01/30/02).
Johnsrud Transport, Des Moines — For receiving the SHARP Recognition from the
Occupational Safety and Health Administration. Senator Iverson (01/30/02).
PETITION
The following petition was presented and placed on file:
From the Pocahontas County Board of Supervisors favoring
legislation amending the Code of Iowa to move the clerks of the
District Court back to the counties. Senator Freeman.
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: January 30, 2002, 8:35 a.m.
Members Present: Behn, Chair; Houser, Vice Chair; Fraise, Ranking Member;
Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup,
Veenstra, and Zieman.
Members Absent: None.
Committee Business: Passed SFs 2051 and 2052.
Adjourned: 8:55 a.m.
EDUCATION
Convened: January 30, 2002, 10:35 a.m.
Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
Member; Angelo, Dvorsky, Fink, Harper, McKinley, Redfern, Redwine, Soukup,
Tinsman, and Veenstra.
Members Absent: Kramer and Shearer (both excused).
Committee Business: Passed SF 2006. Presentation on Community Empowerment.
Adjourned: 11:35 a.m.
JUDICIARY
Convened: January 30, 2002, 2:07 p.m.
Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member;
Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, Miller,
and Tinsman.
Members Absent: McKean (excused).
Committee Business: Approved SSBs 3007, 3009 (as amended), 3017, and 3018.
Adjourned: 3:05 p.m.
STATE GOVERNMENT
Convened: January 30, 2002, 9:55 a.m.
Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member;
Bolkcom, Connolly, Dearden, Deluhery, Fink, Jensen, Maddox, McKean, Schuerer, and
Sexton.
Members Absent: Drake and Rittmer (both excused).
Committee Business: Discussion of agenda for future meetings.
Adjourned: 10:15 a.m.
WAYS AND MEANS
Convened: January 30, 2002, 1:05 p.m.
Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
Member; Connolly, Deluhery, Drake, Flynn, Greiner, Lamberti, Maddox, Redwine, and
Rehberg.
Members Absent: Bolkcom, Holveck, and Miller (all excused).
Committee Business: Subcommittee assignments. Review of bills to be retained.
Adjourned: 1:07 p.m.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 107, by Kramer, Veenstra,
Boettger, Redwine, Lamberti, Tinsman, Bolkcom, Kibbie, Soukup,
Hammond, King, Zieman, McKibben, Shearer, Jensen, Rehberg,
Dearden, Fink, Iverson, Rittmer, Behn, Horn, Dvorsky, Black,
McKinley, Houser, Freeman, Drake, Greiner, Lundby, Connolly,
Gronstal, Fraise, Harper, Sexton, McCoy, Holveck, Deluhery,
Schuerer, Maddox, Redfern, and Flynn, a concurrent resolution
relating to the Medicaid program and requesting assistance from the
federal government.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILLS
Senate File 2082, by Hammond, a bill for an act relating to an
increase in the tax imposed on cigarettes and tobacco products,
establishing a health care access fund in the state treasury, and
providing for the use of the moneys deposited in the health care
access fund.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 2083, by Redwine, a bill for an act providing that fees
for driver's licenses are reduced for licensees who are organ donors.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 2084, by Jensen, a bill for an act relating to business
relationships between persons involved in the sale of certain vehicles,
including suppliers and dealers of all-terrain vehicles.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 2085, by Hansen, a bill for an act relating to
certifying law enforcement training facilities at postsecondary
educational institutions, and providing for a fee.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 2086, by Freeman, a bill for an act relating to the
kilowatt threshold for electric transmission line franchises, making
related changes, and providing an effective date.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 2087, by Veenstra, a bill for an act relating to
insurance fraud, and providing civil remedies.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 2088, by McKean, Lundby, Fink, and Hammond, a
bill for an act relating to state and local land management and
planning, and providing effective dates.
Read first time under Rule 28 and referred to committee on Local
Government.
Senate File 2089, by Lundby and Maddox, a bill for an act
requiring formation of local government consolidation committees
and amending certain procedures for local government consolidation.
Read first time under Rule 28 and referred to committee on Local
Government.
Senate File 2090, by Lundby, a bill for an act exempting the
practice of reflexology from the licensure requirements for massage
therapy.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 2091, by Boettger, a bill for an act creating a
registered nurse recruitment program and fund to be administered by
the college student aid commission.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 2092, by Shearer, a bill for an act providing a
preference to certain persons in an adoption proceeding for the
placement of a child.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 2093, by Hammond, a bill for an act repealing a
provision mandating criminal sentences that require a maximum
accumulation of earned time credits of fifteen percent of the total
sentence of confinement, and making eligible for parole persons
serving such a sentence.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 2094, by McKibben, a bill for an act relating to the
primacy of a donor's intent as evidenced by an unrevoked document of
gift under the uniform anatomical gift Act.
Read first time under Rule 28 and referred to committee on
Human Resources.
STUDY BILLS RECEIVED
SSB 3073 Education
Providing for the establishment and perfection of a security
interest in certain education loans.
SSB 3074 State Government
Relating to campaign finance, including a reporting threshold for
filing organizational committee statements, providing for the filing of
reports with the Iowa ethics and campaign disclosure board,
providing a document retention period, and relating to certain
signature requirements.
SSB 3075 Small Business, Economic Development, and
Tourism
Relating to the enterprise zone program and providing an effective
date.
SSB 3076 Agriculture
Relating to the creation of a forest and fruit tree indemnity fund
and providing compensation for tree, fruit, and nut crop losses.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 106
COMMERCE: Bolkcom, Chair; Jensen and Lundby
Senate Concurrent Resolution 107
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate Resolution 105
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate File 490
COMMERCE: Schuerer, Chair; Bolkcom and King
Senate File 2036
JUDICIARY: Maddox, Chair; Angelo and Hammond
Senate File 2058
JUDICIARY: Miller, Chair; Fraise and Redfern
Senate File 2059
AGRICULTURE: Greiner, Chair; Shearer and Zieman
Senate File 2065
NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Bolkcom and
Lundby
Senate File 2068
NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Bolkcom and Lundby
Senate File 2069
AGRICULTURE: Gaskill, Chair; Greiner and Shearer
Senate File 2073
HUMAN RESOURCES: Tinsman, Chair; Behn and Holveck
Senate File 2074
HUMAN RESOURCES: Miller, Chair; Harper and Tinsman
Senate File 2076
JUDICIARY: Angelo, Chair; Boettger and Horn
Senate File 2077
NATURAL RESOURCES AND ENVIRONMENT: Houser, Chair; Dearden and
Freeman
Senate File 2079
NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Kibbie and Miller
Senate File 2080
WAYS AND MEANS: McKibben, Chair; Harper and McKinley
Senate File 2081
COMMERCE: Freeman, Chair; Flynn and King
Senate File 2082
WAYS AND MEANS: Miller, Chair; Deluhery and Drake
SSB 3073
EDUCATION: McKinley, Chair; Angelo and Soukup
SSB 3074
STATE GOVERNMENT: Schuerer, Chair; Kibbie and King
SSB 3075
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Shearer, Chair;
Behn and Greiner
SSB 3076
AGRICULTURE: Greiner, Chair; Soukup and Veenstra
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 2051, a bill for an act relating to the creation of a
state interagency Missouri river authority and specifying its powers and duties.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Behn, Houser, Fraise, Angelo, Bartz, Black, Fiegen, Gaskill,
Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent
or not voting, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2052, a bill for an act relating to changes in the
Missouri river master manual of the United States army corps of engineers.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Behn, Houser, Fraise, Angelo, Black, Fiegen, Gaskill, Greiner,
Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not
voting, 1: Bartz.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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