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Senate Journal: Tuesday, February 5, 2002

JOURNAL OF THE SENATE

__________

TWENTY-THIRD CALENDAR DAY
FOURTEENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, February 5, 2002

The Senate met in regular session at 9:08 a.m., President Kramer
presiding.

Prayer was offered by the Reverend James Mehletretter, pastor of
the Redeemer Lutheran Church in Indianola, Iowa. He was the guest
of Senator Fink.

On the question "Are there corrections to the Journal?", Senator
Connolly requested a correction to the vote recorded on the Education
committee report for Senate File 2115 (SJ p. 177). His vote was
shown as "Absent or not voting." He stated that he was not absent;
he chose to vote "Present."

The Chair stated that the Secretary of the Senate would discuss
the matter with Senator Connolly.

Senator King requested the Chair share with the chamber the
determination when made regarding Senator Connolly's request to
correct the Journal.

The Chair stated the determination would be announced.

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 February 4, 2002, passed the following bills in which the concurrence of
the Senate is asked:

House File 2139, a bill for an act to increase the maximum
amount of a vocational-technical tuition grant.

Read first time and referred to committee on Education.

House File 2151, a bill for an act adding certain information
concerning school security or emergency preparedness to the list of
public records kept confidential.

Read first time and referred to committee on Education.

SPECIAL GUESTS

Senator Iverson introduced to the Senate chamber Nobel Peace
Prize Laureate Dr. Norman E. Borlaug, "Father of the Green
Revolution." Accompanying Dr. Borlaug were: Ambassador Kenneth
Quinn, President of the World Food Prize Foundation; members of
the World Food Prize Council of Advisors; and eight Iowa high school
students who served as World Food Prize international interns at
agricultural resource centers in Asia, Africa, and Latin America.

The Senate rose and expressed its welcome.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator McCoy, until he arrives, on request of Senator Sexton.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 2051 and 2052.

Senate File 2051

On motion of Senator Houser, 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, with report of committee
recommending passage, was taken up for consideration.


President Pro Tempore McKean took the chair at 9:35 a.m.

President Kramer took the chair at 9:47 a.m.

President Pro Tempore McKean took the chair at 10:00 a.m.

Senator Houser 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. 2051), the vote was:

Ayes, 48:
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 McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 1:
McCoy

 


Vacant, 1.

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

Senate File 2052

On motion of Senator Houser, 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, with report of committee
recommending passage, was taken up for consideration.


Senator Houser 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. 2052), the vote was:

Ayes, 30:
Angelo Behn Boettger Drake
Flynn Fraise Freeman Gaskill
Greiner Houser Iverson Jensen
Kibbie King Kramer Lamberti
Maddox McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Tinsman
Veenstra Zieman

 


Nays, 18:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Gronstal Hammond Hansen Harper
Holveck Horn Lundby McCoy
Shearer Soukup

 


Present, 1:

Bartz

Absent or not voting, none.

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 107.

Senate Concurrent Resolution 107

On motion of Senator Veenstra, Senate Concurrent Resolution 107,
a concurrent resolution relating to the Medicaid program and

requesting assistance from the federal government, with report of
committee recommending passage, was taken up for consideration.

Senator Veenstra moved the adoption of Senate Concurrent
Resolution 107, which motion prevailed by a voice vote.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 2051 and 2052 and Senate Concurrent Resolution 107
be immediately messaged to the House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 10:35 a.m.
until 9:00 a.m. Wednesday, February 6, 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:

February 5, 2002

DEPARTMENT OF NATURAL RESOURCES

2002 Iowa Comprehensive Energy Plan Update, pursuant to Iowa Code section 473.7.

IOWA WORKFORCE DEVELOPMENT

FY 2001 Annual Report notification that the report in electronic form is available
online.

AGENCY ICN REPORT

IOWA NATIONAL GUARD

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:

Jack Dack, Marshalltown For outstanding service to the veterans at the Iowa
Veterans Home. Senator McKibben (02/05/02).

Derrick Hess, Sherrill For achieving the rank of Eagle Scout, Boy Scout Troop 94.
Senator Connolly (02/05/02).

REPORTS OF COMMITTEE MEETINGS

BUSINESS AND LABOR RELATIONS

Convened: February 4, 2002, 1:44 p.m.

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

Members Absent: None.


Committee Business: Approved SSB 3045 (as amended).

Recessed: 2:04 p.m.
Reconvened: 2:11 p.m.

Recessed: 2:12 p.m.

Reconvened: 5:08 p.m.

Adjourned: 5:40 p.m.

APPROPRIATIONS

Convened: February 5, 2002, 2:05 p.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
Angelo, Bolkcom, Connolly, Deluhery, Fiegen, Horn, Lundby, McKibben, McKinley,
Redfern, Rehberg, Schuerer, Veenstra, and Zieman.

Members Absent: Black, Dvorsky, Gaskill, Hammond, Jensen, King, Soukup, and
Tinsman (all excused).

Committee Business: Subcommittee assignments.

Adjourned: 2:12 p.m.

JUDICIARY

Convened: February 5, 2002, 1:10 p.m.

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

Members Absent: King (excused).

Committee Business: Approved SSB 3016.

Adjourned: 1:35 p.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: February 5, 2002, 10:38 a.m.

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

Members Absent: Houser and Miller (both excused).

Committee Business: Passed HF 583. Presentation on water quality issues.


Adjourned: 11:37 a.m.

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: February 5, 2002, 10:40 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 Dr. Ken Stone, ISU Extension.

Adjourned: 11:20 a.m.

STATE GOVERNMENT

Convened: February 5, 2002, 11:50 a.m.

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

Members Absent: Dearden (excused).

Committee Business: Approved SSB 3067 (as amended). Presentations on IPERS.

Adjourned: 1:05 p.m.

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 108, by Iverson, a concurrent
resolution to recognize February 6, 2002, as Ronald Reagan Day in
the state of Iowa.

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

INTRODUCTION OF BILLS

Senate File 2118, by committee on Human Resources, a bill for
an act prohibiting certain activities related to the use or destruction
of the materials of human reproduction, and providing penalties.

Read first time under Rule 28 and placed on calendar.


Senate File 2119, by Zieman, a bill for an act authorizing an
amended certified enrollment for supplementary weighting purposes
under specified circumstances, and providing an effective date.

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

Senate File 2120, by Hansen, a bill for an act relating to the
inclusion of certain locations in Sioux City on the state register of
historic places.

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

Senate File 2121, by committee on Business and Labor Relations,
a bill for an act relating to permitted and prohibited occupations for
certain child laborers involving motor vehicle cleaning, washing, and
polishing, and providing an effective date.

Read first time under Rule 28 and placed on calendar.

Senate File 2122, by committee on Judiciary, a bill for an act
relating to the posting of a bond in lieu of liability insurance by
certain liquor control licensees and class "B" beer permittees.

Read first time under Rule 28 and placed on calendar.

Senate File 2123, by Miller, a bill for an act relating to property
taxation by requiring funding for state mandates, establishing an
ending fund balance limitation for counties, excepting school district
revenue from taxes collected for tax increment financing districts,
repealing certain property tax credits, amending provisions relating
to certain property tax exemptions, providing for an ad valorem tax
on mobile homes and manufactured homes, making changes to the
method of assessment of property, establishing limits on taxes
collectible by class of property and by taxpayer, and lowering the rate
on interest charged on delinquent taxes, and providing for other
properly related matters.

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

STUDY BILLS RECEIVED

SSB 3091 Small Business, Economic Development, and
Tourism

Relating to contested case hearings for agency orders issued
subsequent to an inspection.

SSB 3092 State Government

Relating to the level of full-time equivalent positions authorized
for executive branch agencies.

SSB 3093 State Government

Relating to elected officials, including lobbyist and client reporting,
reports of official misconduct, and campaign finance reporting.

SSB 3094 State Government

Relating to campaign finance law, including electronic filing of
disclosure reports by certain candidates, requiring certain
supplemental reports, providing for disclosures in relating to certain
political telephone communications, requiring disclosure of certain
information in conjunction with certain contributions, providing an
effective date, and applying a penalty.

SSB 3095 State Government

Relating to a moratorium on new mandated health or medical
expense insurance benefits, and requiring a study of such benefits
and related costs by the insurance division.

SSB 3096 Judiciary

Relating to nonsubstantive Code corrections and including
effective and retroactive applicability provisions.

SSB 3097 Judiciary

Relating to and making appropriations to the judicial branch.

SSB 3098 Judiciary

Authorizing the department of justice to administer the violence
against women program.

SSB 3099 Judiciary

Relating to statutory corrections which may adjust language to
reflect current practices, insert earlier omissions, delete redundancies
and inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities and
including effective and retroactive applicability date provisions.

SSB 3100 Ways and Means

Creating a tax credit for investments in qualifying businesses and
community-based seed capital funds and including effective and
retroactive applicability date provisions.

SSB 3101 Ways and Means

Relating to the state historic property rehabilitation tax credit and
including effective and retroactive applicability date provisions.

SUBCOMMITTEE ASSIGNMENTS

Senate Joint Resolution 2003

STATE GOVERNMENT: Schuerer, Chair; Fink and King

Senate File 72
(Reassignment)

LOCAL GOVERNMENT: Gaskill, Chair; Horn and Houser

Senate File 2039

TRANSPORTATION: Rittmer, Chair; Fink and Sexton

Senate File 2041

JUDICIARY: Maddox, Chair; Boettger and Hansen


Senate File 2075

TRANSPORTATION: Rittmer, Chair; Kibbie and McKinley

Senate File 2078

JUDICIARY: Angelo, Chair; Hansen and Redfern

Senate File 2089

LOCAL GOVERNMENT: Houser, Chair; Freeman and Hansen

Senate File 2090

STATE GOVERNMENT: Schuerer, Chair; Connolly and McKean

Senate File 2105

LOCAL GOVERNMENT: Zieman, Chair; Fraise and Gaskill

Senate File 2108

JUDICIARY: Redfern, Chair; Angelo and Holveck

Senate File 2110

JUDICIARY: Maddox, Chair; Hammond and McKean

Senate File 2111

STATE GOVERNMENT: Schuerer, Chair; Bolkcom and McKean

Senate File 2112

COMMERCE: Jensen, Chair; Hansen and King

Senate File 2116

STATE GOVERNMENT: Jensen, Chair; Drake and Kibbie

House File 2116

WAYS AND MEANS: Miller, Chair; Harper and McKibben

SSB 3091

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Zieman, Chair;
Flynn and Greiner

SSB 3092

STATE GOVERNMENT: King, Chair; Kibbie and Lamberti

SSB 3093

STATE GOVERNMENT: McKean, Chair; Connolly, Dearden, King, and Sexton

SSB 3094

STATE GOVERNMENT: McKean, Chair; Dearden and Maddox

SSB 3095

STATE GOVERNMENT: King, Chair; Bolkcom and Schuerer

SSB 3096

JUDICIARY: Hammond, Chair; Maddox and Miller

SSB 3097

JUDICIARY: Angelo, Chair; Fraise and Redfern

SSB 3098

JUDICIARY: Tinsman, Chair; Horn and King

SSB 3099

JUDICIARY: Miller, Chair; Fraise and King

SSB 3100

WAYS AND MEANS: McKinley, Chair; Harper and McKibben

SSB 3101

WAYS AND MEANS: Maddox, Chair; Deluhery and Redwine

COMMITTEE REPORTS

BUSINESS AND LABOR RELATIONS

Final Bill Action: *SENATE FILE 2121 (SSB 3045), a bill for an act relating to
permitted and prohibited occupations for certain child laborers involving motor vehicle
cleaning, washing, and polishing, and providing an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 7: Freeman, Greiner, Behn, King, Lundby, McKibben, and
Schuerer. Nays, 4: Dearden, Fraise, Hammond, and Horn. Absent or not voting, none.

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 Business and Labor Relations Committee on Senate
File 2121, and they were attached to the committee report.

COMMERCE

Final Bill Action: HOUSE FILE 681, a bill for an act requiring the pledging of
collateral in relation to the deposit of uninsured public funds, making related changes,
making penalties applicable, and providing for applicability.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5015.

Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bolkcom, Flynn, Freeman,
Gronstal, King, Lundby, Maddox, Redwine, and Rehberg. Nays, none. Absent or not
voting, 3: Hansen, McCoy, and Redfern.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

HUMAN RESOURCES

Final Bill Action: SENATE FILE 2118 (formerly SF 2046), a bill for an act
prohibiting certain activities related to the use or destruction of the materials of
human reproduction, and providing penalties.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 9: Redwine, Tinsman, Bartz, Behn, Boettger, Miller, Schuerer,
Shearer, and Veenstra. Nays, 4: Hammond, Dvorsky, Harper, and Holveck. Absent or
not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

JUDICIARY

Final Bill Action: SENATE FILE 2122 (SSB 3016), a bill for an act relating to the
posting of a bond in lieu of liability insurance by certain liquor control licensees and
class "B" beer permittees.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, Lamberti, McKean, Miller, and Tinsman. Nays, none.
Absent or not voting, 1: King.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.

 


LOCAL GOVERNMENT

Final Bill Action: SENATE FILE 2033, a bill for an act relating to the compensation
of members of county commissions of veteran affairs.

Recommendation: DO PASS.

Final Vote: Ayes, 7: Miller, Angelo, Fraise, Gaskill, Horn, Houser, and Zieman.
Nays, none. Absent or not voting, 6: Hansen, Bartz, Black, Freeman, McCoy, and
McKibben.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

NATURAL RESOURCES AND ENVIRONMENT

Final Bill Action: HOUSE FILE 583, a bill for an act relating to the certification of
persons providing water pump services.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5016.

Final Vote: Ayes, 11: Sexton, Bartz, Fink, Black, Bolkcom, Dearden, Deluhery,
Drake, Freeman, Jensen, and Kibbie. Nays, none. Absent or not voting, 4: Houser,
Lundby, Miller, and Rittmer.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

PETITIONS

The following petitions were presented and placed on file:

From 3,568 residents of Buena Vista, Cherokee, Clay, O'Brien,
Plymouth, and Pocahontas counties favoring legislation to replace the
current Iowa deposit law. Senator Freeman.

From residents of Cedar Rapids and surrounding communities
favoring legislation to replace the current Iowa deposit law. Senator
Horn.

AMENDMENTS FILED

S-5014 S.F. 2041 Gene Maddox
S-5015 H.F. 681 Commerce
S-5016 H.F. 583 Natural Resources and Environment

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