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Senate Journal: Thursday, January 31, 2002

JOURNAL OF THE SENATE

__________

EIGHTEENTH CALENDAR DAY
TWELFTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, January 31, 2002

The Senate met in regular session at 9:01 a.m., President Kramer
presiding.

Prayer was offered by the Honorable Nancy J. Boettger, member of
the Senate from Shelby County, Harlan, Iowa.

The Journal of Wednesday, January 30, 2002, was approved.

HOUSE MESSAGE RECEIVED

The following message was 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, concurred in the Senate amendment and passed
the following bill in which the concurrence of the House was asked:

House File 2078, a bill for an act creating an Iowa capital
investment board, authorizing the organization of an Iowa capital
investment corporation and an Iowa fund of funds, and authorizing
the issuance of contingent tax credits to investors in the Iowa fund of
funds.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:10 a.m.
until 3:00 p.m.


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 31, 2002

BOARD OF REGENTS

Annual Report for the Beginning Farmer Center, pursuant to Iowa Code section
266.39E.

DEPARTMENT OF HUMAN RIGHTS

Iowa Commission on the Status of Women Annual Report.

DEPARTMENT OF MANAGEMENT

Utility Property Tax Replacement Task Force Annual Report, pursuant to Iowa
Code section 437A.15(7).

TREASURER OF STATE

Linked Investments for Tomorrow Annual Report.

AGENCY ICN REPORT

DEPARTMENT OF EDUCATION

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

REPORTS OF COMMITTEE MEETINGS

HUMAN RESOURCES

Convened: January 30, 2002, 11:40 a.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 at the 11:40 a.m. session. Senator Holveck was excused for
the reconvened 3:08 p.m. session.

Committee Business: Passed SF 353 (as amended).

Recessed: 12:15 p.m.

Reconvened: 3:08 p.m.

Adjourned: 4:30 p.m.

AGRICULTURE

Convened: January 31, 2002, 1:05 p.m.

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

Members Absent: Soukup (excused).

Committee Business: Presentation by Dick Fawcett on total maximum daily loads in
water.

Adjourned: 1:45 p.m.

ETHICS

Convened: January 31, 2002, 11:38 a.m.

Members Present: Drake, Chair; McKean, Vice Chair; Kibbie, Ranking Member;
Connolly, Dearden, and Rittmer.

Members Absent: None.

Committee Business: Passed LSB 6607sc.

Adjourned: 12:05 p.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: January 31, 2002, 10:32 a.m.

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

Members Absent: Dearden (excused).

Committee Business: Passed SF 2079. Presentation on the Water Quality Initiative
by representatives of the DNR and the Department of Agriculture.

Adjourned: 11:32 a.m.

RULES AND ADMINISTRATION

Convened: January 31, 2002, 9:09 a.m.

Members Present: Iverson, Chair; Kramer, Vice Chair; Behn, Boettger, Dvorsky,
Fink, Gaskill, McKean, and Rittmer.

Members Absent: Gronstal, Ranking Member; and Harper (both excused).

Committee Business: Passed SCR 107 and SRs 103, 104, and 105.

Adjourned: 9:13 a.m.

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: January 31, 2002, 10:35 a.m.

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

Members Absent: None.

Committee Business: Presentation by representatives of ViraQuest, a biotechnology
business.

Adjourned: 11:30 a.m.

INTRODUCTION OF BILLS

Senate File 2095, by committee on Judiciary, a bill for an act
relating to a nonresident registering as a sex offender in a county
where an institution of higher education is located.

Read first time under Rule 28 and placed on calendar.

Senate File 2096, by Zieman, a bill for an act relating to secured
transactions, by providing for landlord liens and their priority.

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

Senate File 2097, by Tinsman, Rehberg, and Boettger, a bill for
an act relating to regulation of child care and child development
homes and providing effective date and applicability provisions.

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


Senate File 2098, by committee on Judiciary, a bill for an act
relating to the criminal offense of unauthorized computer access, and
providing a penalty.

Read first time under Rule 28 and placed on calendar.

Senate File 2099, by committee on Education, a bill for an act
providing for a change in the special education enrollment
determination and certification date.

Read first time under Rule 28 and placed on calendar.

Senate File 2100, by committee on Judiciary, a bill for an act
relating to protection from domestic abuse and including protections
for persons in an intimate relationship.

Read first time under Rule 28 and placed on calendar.

Senate File 2101, by committee on Judiciary, a bill for an act
relating to monetary penalties for contempt of court.

Read first time under Rule 28 and placed on calendar.

Senate File 2102, by Soukup, a bill for an act expanding the
operation recognition program, which awards honorary high school
diplomas to World War II veterans, to include veterans of World War
I and the Korean and Vietnam conflicts.

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

Senate File 2103, by Bartz, a bill for an act relating to financial
assistance for school infrastructure pilot projects.

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

Senate File 2104, by Bolkcom, a bill for an act relating to delayed
deposit services, including fees, notices, transaction amounts, and
reporting requirements.


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

Senate File 2105, by Bolkcom, Dvorsky, McCoy, and Lundby, a
bill for an act relating to condemnation of agricultural land for
recreational trails and providing an effective date.

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

Senate File 2106, by committee on Human Resources, a bill for
an act establishing covenant marriages and providing an effective
date.

Read first time under Rule 28 and placed on calendar.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2019
(Reassignment)

LOCAL GOVERNMENT: Zieman, Chair; Fraise and Gaskill

Senate File 2042
(Reassignment)

LOCAL GOVERNMENT: Zieman, Chair; Angelo and Fraise

Senate File 2084

COMMERCE: Jensen, Chair; McCoy and Redfern

Senate File 2086

COMMERCE: Freeman, Chair; Gronstal and Jensen

Senate File 2088

LOCAL GOVERNMENT: Miller, Chair; Angelo and Fraise

House File 2075

APPROPRIATIONS: Lamberti, Chair; Flynn and Kramer


COMMITTEE REPORTS

EDUCATION

Final Bill Action: SENATE FILE 2099 (formerly SF 2006), a bill for an act providing
for a change in the special education enrollment determination and certification date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
McKinley, Redfern, Redwine, Soukup, Tinsman, and Veenstra. Nays, none. Absent or
not voting, 2: Kramer and Shearer.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

HUMAN RESOURCES

Final Bill Action: *SENATE FILE 2106 (formerly SF 353), a bill for an act
establishing covenant marriages and providing an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 7: Redwine, Bartz, Behn, Boettger, Miller, Schuerer, and Veenstra.
Nays, 5: Tinsman, Hammond, Dvorsky, Harper, and Shearer. Absent or not voting, 1:
Holveck.

 


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 Human Resources Committee on Senate File 2106, and
they were attached to the committee report.

JUDICIARY

Final Bill Action: SENATE FILE 2095 (SSB 3018), a bill for an act relating to a
nonresident registering as a sex offender in a county where an institution of higher
education is located.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent
or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: *SENATE FILE 2098 (SSB 3009), a bill for an act relating to the
criminal offense of unauthorized computer access, and providing a penalty.


Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent
or not voting, 1: McKean.

Fiscal Note: 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 2098, and they
were attached to the committee report.

ALSO:

Final Bill Action: SENATE FILE 2100 (SSB 3017), a bill for an act relating to
protection from domestic abuse and including protections for persons in an intimate
relationship.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent
or not voting, 1: McKean.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2101 (SSB 3007), a bill for an act relating to
monetary penalties for contempt of court.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, Miller, and Tinsman. Nays, none. Absent
or not voting, 1: McKean.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

NATURAL RESOURCES AND ENVIRONMENT

Final Bill Action: SENATE FILE 2079, 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.

Recommendation: DO PASS.

Final Vote: Ayes, 12: Sexton, Bartz, Fink, Black, Bolkcom, Drake, Freeman, Houser,
Kibbie, Lundby, Miller, and Rittmer. Nays, none. Absent or not voting, 3: Dearden,
Deluhery, and Jensen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

RULES AND ADMINISTRATION

Final Bill Action: SENATE CONCURRENT RESOLUTION 107, a concurrent
resolution relating to the Medicaid program and requesting assistance from the federal
government.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Behn, Boettger, Dvorsky, Fink, Gaskill,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Gronstal and Harper.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 103, a Senate resolution honoring Coach
Lowell Lyngaas and his Race America runners from Valley School District in northeast
Iowa.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Behn, Boettger, Dvorsky, Fink, Gaskill,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Gronstal and Harper.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 104, a Senate resolution designating
June 15, 2002, as Juneteenth National Freedom Day.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Behn, Boettger, Dvorsky, Fink, Gaskill,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Gronstal and Harper.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 105, a Senate resolution honoring
Goodwill Industries International in its centennial year.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Iverson, Kramer, Behn, Boettger, Dvorsky, Fink, Gaskill,
McKean, and Rittmer. Nays, none. Absent or not voting, 2: Gronstal and Harper.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


AFTERNOON SESSION

The Senate reconvened at 3:03 p.m., Senator Angelo presiding.

QUORUM CALL

Senator Boettger requested a nonrecord roll call to determine that
a quorum was present.

The vote revealed 40 present, 9 absent, and a quorum present.

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 31, 2002, passed the following bills in which the concurrence of
the Senate is asked:

House File 2116, a bill for an act updating the Iowa Code
references to the Internal Revenue Code, repealing an adjustment to
net income for capital gains from installment sales, relating to an
adjustment to income for school district income surtax paid, providing
that refunds from the federal rebate are not taxable, correcting a
reference in the innocent spouse statute, and providing retroactive
applicability dates and an effective date.

Read first time and referred to committee on Ways and Means.

House File 2138, a bill for an act authorizing the college student
aid commission to waive or modify statutory or regulatory provisions
applicable to state financial aid programs for affected students in the
event of a national emergency.

Read first time and referred to committee on Education.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator McKibben, for the remainder of the day, on request of Senator Rehberg;
Senators Flynn, Hansen, and Horn, for the remainder of the day, on request of

Senator Fink; Senator Lamberti, for the remainder of the day, on request of Senator
Bartz; and Senators Kramer and McKean, for the remainder of the day, on request of
Senator Freeman.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2034.

Senate File 2034

On motion of Senator Maddox, Senate File 2034, 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, was taken up for
consideration.

Senator Maddox offered amendment S-5011, filed by him from the
floor to page 1 of the bill, and moved its adoption.

Amendment S-5011 was adopted by a voice vote.

Senator Maddox 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. 2034), the vote was:

Ayes, 42:
Angelo Bartz Behn Black
Boettger Bolkcom Connolly Dearden
Deluhery Drake Dvorsky Fiegen
Fink Fraise Freeman Gaskill
Greiner Gronstal Hammond Harper
Holveck Houser Iverson Jensen
Kibbie King Lundby Maddox
McCoy McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.


Absent or not voting, 7:
Flynn Hansen Horn Kramer
Lamberti McKean McKibben

 


Vacant, 1.

The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

UNFINISHED BUSINESS
(Deferred January 30, 2002)

Senate Concurrent Resolution 104

The Senate resumed consideration of 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, deferred January 30, 2002.

Senator King offered amendment S-5013, filed by Senators King,
Houser, and Redwine from the floor to pages 1-3 of the bill.

Senator Connolly raised the point of order that amendment
S-5013 was not germane to the bill.

Senator Connolly withdrew his point of order.

Senator King asked and received unanimous consent to withdraw
amendment S-5013.

Senator Connolly offered amendment S-5012, filed by Senators
Connolly and Zieman from the floor to page 3 of the bill, and moved
its adoption.

Amendment S-5012 was adopted by a voice vote.

Senator Zieman moved the adoption of Senate Concurrent
Resolution 104, as amended, which motion prevailed by a voice vote.


CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2079.

Senate File 2079

On motion of Senator Bartz, Senate File 2079, 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, with
report of committee recommending passage, was taken up for
consideration.

Senator Bartz 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. 2079), the vote was:

Ayes, 33:
Angelo Bartz Behn Boettger
Bolkcom Dearden Deluhery Drake
Fink Fraise Freeman Gaskill
Greiner Gronstal Houser Iverson
Jensen Kibbie King Lundby
Maddox McKinley Miller Redfern
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Tinsman Veenstra
Zieman

 


Nays, 9:
Black Connolly Dvorsky Fiegen
Hammond Harper Holveck McCoy
Soukup

 


Absent or not voting, 7:
Flynn Hansen Horn Kramer
Lamberti McKean McKibben

 


Vacant, 1.


The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 104 and Senate Files 2034 and
2079 be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 3:42 p.m.
until 1:00 p.m. Monday, February 4, 2002.


APPENDIX

CERTIFICATE OF RECOGNITION

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

Joshua W. Heishman, Amana ó For achieving the rank of Eagle Scout, Boy Scout
Troop 223. Senator Schuerer (01/31/02).

REPORT OF COMMITTEE MEETING

COMMERCE

Convened: January 31, 2002, 2:05 p.m.

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

Members Absent: Hansen (excused).

Committee Business: Passed SF 472. Presentation by Diane Munns, Chair of the
Iowa Utilities Board.

Adjourned: 2:55 p.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 106, by committee on Ethics, a Senate
resolution to amend the Senate Code of Ethics.

Read first time under Rule 28 and placed on calendar.

STUDY BILLS RECEIVED

SSB 3077 Transportation

Authorizing all counties not served by a permanent state
department of transportation facility to issue driverís licenses,
nonoperator identification cards, and persons with disabilities
identification devices under certain conditions.


SSB 3078 State Government

Relating to the release of information about the human
immunodeficiency virus by a law enforcement agency, and making a
penalty applicable.

SSB 3079 State Government

Establishing a health insurance administration fund relating to
the payment of the administrative costs of state health insurance
plans.

SSB 3080 Commerce

Relating to health care benefits coverage for mental health
conditions and substance abuse treatment services.

SSB 3081 State Government

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

SSB 3082 State Government

Establishing a technology fee for certain transactions recorded
with the county recorder.

SSB 3083 State Government

Relating to voter registration, including voter registration forms,
voter identification numbers, and voter registration lists.

SSB 3084 Judiciary

Authorizing sheriffs to appoint civil process servers.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2094

HUMAN RESOURCES: Boettger, Chair; Dvorsky and Redwine

SSB 3077

TRANSPORTATION: Zieman, Chair; Houser and Kibbie

SSB 3078

STATE GOVERNMENT: Jensen, Chair; Kibbie and Lamberti

SSB 3079

STATE GOVERNMENT: Schuerer, Chair; Connolly and Rittmer

SSB 3080

COMMERCE: Lundby, Chair; Gronstal and Jensen

SSB 3081

STATE GOVERNMENT: Rittmer, Chair; Jensen and Kibbie

SSB 3082

STATE GOVERNMENT: McKean, Chair; Deluhery and King

SSB 3083

STATE GOVERNMENT: King, Chair; Bolkcom and McKean

SSB 3084

JUDICIARY: Angelo, Chair; Holveck and King

COMMITTEE REPORT

ETHICS

Final Bill Action: SENATE RESOLUTION 106 (LSB 6607sc), a Senate resolution to
amend the Senate Code of Ethics.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 6: Drake, McKean, Kibbie, Connolly, Dearden, and Rittmer. Nays,
none. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


AMENDMENTS FILED

S-5011 S.F. 2034 Gene Maddox
S-5012 S.C.R. 104 Mike Connolly
Mark Zieman
S-5013 S.C.R. 104 Steve King
Hubert Houser
John Redwine

Previous Day: Wednesday, January 30Next Day: Monday, February 4
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