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Senate Journal: Thursday, February 14, 2002

JOURNAL OF THE SENATE

__________

THIRTY-SECOND CALENDAR DAY
TWENTIETH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, February 14, 2002

The Senate met in regular session at 9:10 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Dan Parsch, pastor of the
Gloria Dei Lutheran Church in Urbandale, Iowa. He was the guest of
Senator Maddox.

The Journal of Wednesday, February 13, 2002, was approved.

RECESS

On motion of Senator Boettger, the Senate recessed at 9:18 a.m.
until 4:00 p.m.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Justin Carlson, Council Bluffs - For receiving the Prudential Spirit of Community
Award. Senator Gronstal (02/14/02).

Derrick Hess, Sherrill - For achieving the rank of Eagle Scout, Boy Scout Troop 94.
Senator Flynn (02/14/02).

Maurice and Leah Keeler, Weldon - For celebrating your 71st wedding anniversary.
Senator Angelo (02/14/02).

Kelly Linquist, Fonda - For receiving the Prudential Spirit of Community Award.
Senator Sexton (02/14/02).

Brian Matthew Pfeiler, Dyersville - For achieving the rank of Eagle Scout, Boy Scout
Troop 60. Senator Flynn (02/14/02).

Jennifer Quinn, Spencer - For receiving the Prudential Spirit of Community Award.
Senator Kibbie (02/14/02).

REPORTS OF COMMITTEE MEETINGS

BUSINESS AND LABOR RELATIONS

Convened: February 14, 2002, 10:24 a.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 SSBs 3003 (as amended) and 3121.

Adjourned: 11:15 a.m.

EDUCATION

Convened: February 14, 2002, 10:23 a.m.

Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
Member; Angelo, Dvorsky, Fink, Harper, McKinley, Redfern, Redwine, Shearer,
Soukup, Tinsman, and Veenstra.

Members Absent: Kramer (excused).


Committee Business: Passed SF 2091 and HF 2183. Approved SSB 3073 (as
amended).

Adjourned: 10:48 a.m.

HUMAN RESOURCES

Convened: February 14, 2002, 11:02 a.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: Passed SF 2097. Approved SSBs 3049 (as amended) and 3104.
Approved Governor's appointees.

Adjourned: 12:03 p.m.

JUDICIARY

Convened: February 14, 2002, 2:10 p.m.

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

Members Absent: None.

Committee Business: Passed SFs 2041 (as amended) and 2110. Approved SSB 3096
(as amended).

Adjourned: 3:00 p.m.

TRANSPORTATION

Convened: February 14, 2002, 11:22 a.m.

Members Present: Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member;
Dearden, Fink, Fraise, Freeman, Houser, Kibbie, McKinley, Sexton, and Zieman.

Members Absent: Jensen (excused).

Committee Business: Passed HF 2112. Approved SSB 3122.

Adjourned: 11:56 a.m.

WAYS AND MEANS

Convened: February 14, 2002, 1:05 p.m.


Members Present: McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck, Lamberti,
Maddox, Miller, Redwine, and Rehberg.

Members Absent: None.

Committee Business: Passed HFs 2035 and 2116 (as amended). Approved SSB 3100
(as amended).

Adjourned: 2:06 p.m.

INTRODUCTION OF BILLS

Senate File 2175, by Lamberti, a bill for an act creating a
presumption of owner consent when the child of an owner operates
the owner's motor vehicle.

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

Senate File 2176, by Lamberti, a bill for an act relating to the
issuance of a free antlerless deer hunting license to landowners and
tenants.

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

Senate File 2177, by Lundby, a bill for an act providing an Iowa
individual income tax checkoff for deposit in the free health clinic
fund, making an appropriation, and providing a retroactive
applicability date.

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

Senate File 2178, by committee on Business and Labor Relations,
a bill for an act allowing persons under eighteen years of age to work
in certain occupations involving the use of chemicals.

Read first time under Rule 28 and placed on calendar.

Senate File 2179, by committee on Human Resources, a bill for
an act relating to female genital mutilation, and providing a penalty.

Read first time under Rule 28 and placed on calendar.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2117

STATE GOVERNMENT: King, Chair; Deluhery and Rittmer

Senate File 2157

LOCAL GOVERNMENT: Houser, Chair; McCoy and McKibben

Senate File 2158

LOCAL GOVERNMENT: Houser, Chair; McCoy and McKibben

Senate File 2160

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Greiner, Chair;
Dvorsky and Gaskill

Senate File 2164

LOCAL GOVERNMENT: Freeman, Chair; Fraise and McKibben

Senate File 2166

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: McKinley,
Chair; Holveck and Veenstra

Senate File 2170

HUMAN RESOURCES: Schuerer, Chair; Behn and Harper

Senate File 2171

WAYS AND MEANS: McKibben, Chair; Bolkcom and Rehberg

Senate File 2172

LOCAL GOVERNMENT: Angelo, Chair; McCoy and Zieman

House File 2229

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Behn, Chair;
Rehberg and Shearer


COMMITTEE REPORTS

BUSINESS AND LABOR RELATIONS

Final Bill Action: SENATE FILE 2178 (SSB 3121), a bill for an act allowing persons
under eighteen years of age to work in certain occupations involving the use of
chemicals.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 6: Freeman, Greiner, Behn, King, McKibben, and Schuerer. Nays, 4:
Dearden, Fraise, Hammond, and Horn. Absent or not voting, 1: Lundby.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

EDUCATION

Final Bill Action: HOUSE FILE 2183, a bill for an act relating to the authority of the
board of directors of a school district to change the number of directors or the method of
election of directors following a federal decennial census, and providing an effective
date.

Recommendation: DO PASS.

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

 


HUMAN RESOURCES

Final Bill Action: SENATE FILE 2179 (SSB 3104), a bill for an act relating to female
genital mutilation, and providing a penalty.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: Redwine, Tinsman, Hammond, Behn, Boettger, Dvorsky,
Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not
voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

TRANSPORTATION

Final Bill Action: HOUSE FILE 2112, a bill for an act requiring motor vehicle
operators to take certain precautions when passing stationary authorized emergency,
towing, recovery, and highway maintenance vehicles and providing a penalty.

Recommendation: DO PASS.


Final Vote: Ayes, 12: Rittmer, Drake, McCoy, Dearden, Fink, Fraise, Freeman,
Houser, Kibbie, McKinley, Sexton, and Zieman. Nays, none. Absent or not voting, 1:
Jensen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

WAYS AND MEANS

Final Bill Action: HOUSE FILE 2035, a bill for an act relating to the state historic
property rehabilitation tax credit and including effective and retroactive applicability
date provisions.

Recommendation: DO PASS.

Final Vote: Ayes, 14: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery,
Drake, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays,
none. Present, 1: Flynn. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


AFTERNOON SESSION

The Senate reconvened at 4:09 p.m., President Kramer presiding.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 4:12 p.m.
until 9:00 a.m. Friday, February 15, 2002.

APPENDIX

INTRODUCTION OF BILLS

Senate File 2180, by Redwine, a bill for an act relating to
certifying law enforcement training facilities at institutions of higher
education, and providing for a fee.

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

Senate File 2181, by Fiegen, a bill for an act creating a private
cause of action for certain consumer fraud violations.

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

Senate File 2182, by Fiegen, a bill for an act relating to
information to be included on the ballot for partisan offices.

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

Senate File 2183, by Fiegen, a bill for an act providing for the
establishment of a voter-approved levy for the operation of a
community college.

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


Senate File 2184, by Fiegen, a bill for an act providing for an
increase in local funding authorization for the instructional support
program in specified school districts.

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

Senate File 2185, by Fiegen, a bill for an act prohibiting a school
district or accredited nonpublic school from spending state moneys to
pay membership dues or fees to more than one athletic organization.

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

Senate File 2186, by Fiegen, a bill for an act relating to the
procedures and practices of collecting taxes by the department of
revenue and finance and the rights of persons under the collection
procedures and practices and including effective and applicability
date provisions.

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

Senate File 2187, by Fiegen, a bill for an act relating to the
reemployment of retirees under the Iowa public employees'
retirement system as teachers and school administrators.

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

Senate File 2188, by Fiegen, a bill for an act relating to Iowa
economic emergency fund restrictions.

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

Senate File 2189, by committee on Education, a bill for an act
providing for the establishment and perfection of a security interest
in certain education loans.

Read first time under Rule 28 and placed on calendar.

Senate File 2190, by committee on Business and Labor Relations,
a bill for an act concerning workers' compensation.

Read first time under Rule 28 and placed on calendar.

Senate File 2191, by committee on Education, 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 placed on calendar.

Senate File 2192, by committee on Transportation, a bill for an
act 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.

Read first time under Rule 28 and placed on calendar.

Senate File 2193, by committee on Ways and Means, a bill for an
act creating a tax credit for investments in qualifying businesses and
community-based seed capital funds and including effective and
retroactive applicability date provisions.

Read first time under Rule 28 and placed on Ways and Means
calendar.

STUDY BILL RECEIVED

SSB 3141 Judiciary

Relating to the civil commitment of sexually violent predators.

SUBCOMMITTEE ASSIGNMENT

SSB 3141

JUDICIARY: Angelo, Chair; Hammond and Redfern


COMMITTEE REPORTS

BUSINESS AND LABOR RELATIONS

Final Bill Action: *SENATE FILE 2190 (SSB 3003), a bill for an act concerning
workers' compensation.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 11: Freeman, Greiner, Dearden, Behn, Fraise, Hammond, Horn,
King, Lundby, McKibben, and Schuerer. Nays, none. 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 2190, and they were attached to the committee report.

EDUCATION

Final Bill Action: *SENATE FILE 2189 (SSB 3073), a bill for an act providing for the
establishment and perfection of a security interest in certain education loans.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none.
Absent or not voting, 1: Kramer.
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 Education Committee on Senate File 2189, and they
were attached to the committee report.

ALSO:

Final Bill Action: SENATE FILE 2191 (formerly SF 2091), a bill for an act creating a
registered nurse recruitment program and fund to be administered by the college
student aid commission.

Recommendation: APPROVED COMMITTEE BILL.

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

 




TRANSPORTATION

Final Bill Action: *SENATE FILE 2192 (SSB 3122), a bill for an act 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.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: Rittmer, Drake, McCoy, Dearden, Fink, Fraise, Freeman,
Houser, Kibbie, McKinley, Sexton, and Zieman. Nays, none. Absent or not voting, 1:
Jensen.

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 Transportation Committee on Senate File 2192, and
they were attached to the committee report.

WAYS AND MEANS

Final Bill Action: *SENATE FILE 2193 (SSB 3100), a bill for an act creating a tax
credit for investments in qualifying businesses and community-based seed capital
funds and including effective and retroactive applicability date provisions.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: McKibben, McKinley, Harper, Bolkcom, Connolly, Deluhery,
Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg.
Nays, none. 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 Ways and Means Committee on Senate File 2193, and
they were attached to the committee report.

ALSO:

Final Bill Action: 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.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5041.


Final Vote: Ayes, 12: McKibben, McKinley, Deluhery, Drake, Flynn, Greiner,
Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg. Nays, 3: Harper,
Bolkcom, and Connolly. Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

AMENDMENTS FILED

S-5040 H.F. 2075 Neal Schuerer
Tom Flynn
S-5041 H.F. 2116 Ways and Means

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