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Senate Journal: Tuesday, February 12, 2002

JOURNAL OF THE SENATE

__________

THIRTIETH CALENDAR DAY
EIGHTEENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, February 12, 2002

The Senate met in regular session at 1:05 p.m., President Kramer
presiding.

Prayer was offered by the Honorable Ken Veenstra, member of the
Senate from Sioux County, Orange City, Iowa.

PLEDGE OF ALLEGIANCE

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

Senator Shearer led the Senate chamber in an impromptu
rendition of "America the Beautiful" in preparation for the legislators'
participation in the Iowa Arts Gala, sponsored by the Department of
Cultural Affairs, to be held on February 20, 2002, at Hoyt Sherman
Place.

The Journal of Friday, February 8, 2002, was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Lundby, until she arrives, on request of Senator Iverson.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 1:22 p.m.
until 9:00 a.m. Wednesday, February 13, 2002.


APPENDIX

REPORT OF THE COMMITTEE ON
RULES AND ADMINISTRATION

The committee on Rules and Administration referred the following
Governor’s appointments to state boards, commissions, and
departments to Senate standing committees, as indicated, for
investigation on February 12, 2002:

COMMERCE

Thomas Gronstal - Superintendent of Banking

John R. Perkins - Consumer Advocate

Diane Munns - Chair of the Utilities Board

Mark Lambert - Utilities Board
Elliott Smith - Utilities Board

EDUCATION

John Aboud - Board of Educational Examiners

HUMAN RESOURCES

Brett Raasch - Board of Athletic Training Examiners

Kathy Miller - Commission on the Deaf
Karen Potter-Maxwell - Commission on the Deaf

Hazel Chuck - Commission of Elder Affairs
Yogesh Shah - Commission of Elder Affairs

Sally Hartley - Iowa Empowerment Board

Amy Sarchet - State Citizen Foster Care Review Board

Edward Nichols - Chairperson of the Health Facilities Council

Julie Jetter - Mental Health and Developmental Disabilities Commission
David VanNingen - Mental Health and Developmental Disabilities Commission

M. Christina Santos Cruse - Commission on Tobacco Use Prevention and Control

Holly Mennen - Commission on the Status of Women


JUDICIARY

Elizabeth Robinson-Ford - Chairperson of the Board of Parole

Richard Bordwell - Vice Chairperson of the Board of Parole

LOCAL GOVERNMENT

Barbara Brown - City Development Board

STATE GOVERNMENT

Beverly Allen - Commission on the Status of African-Americans

Jack Morlan - Board of Cosmetology Arts and Sciences Examiners

Deena Kuempel - Board of Dental Examiners

Julie Bell - Iowa Emergency Response Commission

Mary Wegner - Information Technology Council

Steven K. Young - Director of the Department of Inspections and Appeals

Carole Frier - Board of Medical Examiners
Mary Hoppa - Board of Medical Examiners
Dana Shaffer - Board of Medical Examiners

Margaret Eicher - Board of Mortuary Science Examiners

Patrick Greenwood - Board of Nursing Examiners

Maria Hadar - Board of Optometry Examiners

Barbara O'Roake - Board of Pharmacy Examiners

Armando Rosales - Board of Physical and Occupational Therapy Examiners

Susan Enzle - Board of Psychology Examiners
Linda Ferris - Board of Psychology Examiners

Patrick J. Palmersheim - Executive Director of the Commission of Veterans Affairs

Earl Goerdt - Iowa Board of Veterinary Medicine

TRANSPORTATION

Angela Bonar - Iowa Law Enforcement Academy Council

Kevin W. Techau - Commissioner of Public Safety


WAYS AND MEANS

Carmela Brown - Iowa Finance Authority

COMMUNICATION RECEIVED

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

February 11, 2002

SUPREME COURT

Report on the Enhanced Court Collections Fund and Court Technology Fund,
pursuant to 2001 Acts, chapter 179, section 1(9).

CERTIFICATE OF RECOGNITION

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

Jill Martin, Granger - For receiving the 2002 Prudential Spirit of Community
Award. Senator Maddox (02/12/02).

PETITIONS

The following petitions were presented and placed on file:

From 1,983 residents of Warren County concerning the Iowa
deposit law legislation. Senator Fink.

From 2,670 residents of Senate District 15 favoring legislation to
replace the current Iowa deposit law. Senator Soukup.

REPORTS OF COMMITTEE MEETINGS

BUSINESS AND LABOR RELATIONS

Convened: February 12, 2002, 2:26 p.m.

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

Members Absent: Lundby and McKibben (both excused).


Committee Business: Presentation by Jane Barto, Deputy Director of Iowa
Workforce Development.

Adjourned: 2:53 p.m.

EDUCATION

Convened: February 12, 2002, 2:20 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: Passed SF 2102 and HFs 2138 and 2139.

Adjourned: 2:35 p.m.

HUMAN RESOURCES

Convened: February 12, 2002, 3:02 p.m.

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

Members Absent: None.

Committee Business: Approved SSB 3103.

Adjourned: 3:24 p.m.

RULES AND ADMINISTRATION

Convened: February 12, 2002, 1:24 p.m.

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

Members Absent: McKean (excused).

Committee Business: Referred appointees for state boards, commissions, and
departments to standing committees. Approved LSB 6645sv.

Adjourned: 1:25 p.m.

TRANSPORTATION

Convened: February 12, 2002, 3:10 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: Approved SSB 3077.

Adjourned: 3:55 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 107, by Jensen, a Senate resolution honoring
Iowa State Fair Secretary Marion Lucas upon his retirement.

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

Senate Resolution 108, by committee on Rules and
Administration, a Senate resolution relating to gubernatorial
appointments and other appointments requiring Senate confirmation.

Read first time under Rule 28 and placed on calendar.

INTRODUCTION OF BILLS

Senate File 2147, by Tinsman, a bill for an act relating to
administrative sanctions for fraudulent acts involving publicly funded
child care.

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

Senate File 2148, by Holveck, a bill for an act relating to the
exclusion of certain nonprofit transitional housing from forcible entry
and detainer actions and remedies.

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

Senate File 2149, by Bolkcom and Dvorsky, a bill for an act
concerning appropriations for community college salaries.


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

Senate File 2150, by Angelo, a bill for an act relating to the
establishment of multicounty jails, and making an appropriation.

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

Senate File 2151, by Horn, a bill for an act relating to the use of
sick leave by certain members of the Iowa department of public safety
peace officers' retirement, accident, and disability system who are
temporarily incapacitated for duty.

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

Senate File 2152, by committee on Education, 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 placed on calendar.

Senate File 2153, by Kibbie, Drake, and Jensen, a bill for an act
relating to military service compensation for certain veterans of the
Vietnam service era, including the creation of a bonus fund and
provision of a tax exemption, and providing a penalty.

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

Senate File 2154, by Angelo, a bill for an act relating to the
regulation of grain sold by credit sale contract, providing for
indemnification, and making penalties applicable.

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


STUDY BILLS RECEIVED

SSB 3118 Agriculture

Relating to the acquisition and holding of agricultural land by
qualified enterprises, proofing penalties, and providing an effective
date.

SSB 3119 Commerce

Relating to credit insurance, including a prohibition on the offering
or sale of single premium credit insurance in mortgage transactions,
and regarding guidelines for establishment of rates for credit life or
credit accident and health insurance.

SSB 3120 Commerce

Relating to the regulated commercial activities of insurance and
security sales, including rate adjustments for small group coverage,
provisions pertaining to state and county mutual insurance
associations, termination dates and licensed health care providers for
emergency medical malpractice insurance, suspension of an insurer’s
certificate of authority for delinquency, exceptions to the right of
notice of intent not to renew, coverage requirements in a medical
expense policy, tort immunity related to viatical settlement contracts,
confidentiality of certain personal information in securities and
insurance filings, postponement or suspension of registration under
the blue sky law, reporting related to professional liability insurance,
annual percentage rate used in calculations of the minimum
nonforfeiture amount relating to individual deferred annuities, and
providing for a future repeal.

SSB 3121 Business and Labor Relations

Allowing persons under eighteen years of age to work in certain
occupations involving the use of chemicals.

SSB 3122 Transportation

Relating to highways and motor vehicles, including condemnation
of property by the state department of transportation, registration,

sale, and operation of certain vehicles, issuance of driver’s licenses
and nonoperator’s identification cards, regulation of oversize vehicles,
and vehicle manufacturers, distributors and dealers, and providing
penalties and effective dates.

SUBCOMMITTEE ASSIGNMENTS

Senate Concurrent Resolution 109

RULES AND ADMINISTRATION: Iverson, Chair; Gaskill and Harper

Senate Resolution 107

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 2136

TRANSPORTATION: Rittmer, Chair; Dearden and Sexton

Senate File 2150

LOCAL GOVERNMENT: Angelo, Chair; McCoy and McKibben

House File 2193

TRANSPORTATION: Drake, Chair; Jensen and Kibbie

SSB 3118

AGRICULTURE: Behn, Chair; Fraise and Veenstra

SSB 3119

COMMERCE: Jensen, Chair; Redwine and McCoy

SSB 3120

COMMERCE: Gronstal, Chair; Jensen and Schuerer

SSB 3121

BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Freeman and Fraise

SSB 3122

TRANSPORTATION: Rittmer, Chair; Drake, Fraise, McCoy, and Zieman


COMMITTEE REPORTS

EDUCATION

Final Bill Action: SENATE FILE 2152 (formerly SF 2102), 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.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
Kramer, McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


ALSO:

Final Bill Action: 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.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5031.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
Kramer, McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


ALSO:

Final Bill Action: HOUSE FILE 2139, a bill for an act to increase the maximum
amount of a vocational-technical tuition grant.

Recommendation: DO PASS.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
Kramer, McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

 


RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 108 (LSB 6645sv), a Senate resolution
relating to gubernatorial appointments and other appointments requiring Senate
confirmation.


Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Behn, Boettger, Dvorsky, Fink,
Gaskill, Harper, and Rittmer. Nays, none. Absent or not voting, 1: McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

AMENDMENTS FILED

S-5030 S.F. 2032 Gene Maddox
S-5031 H.F. 2138 Education

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