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Senate Journal: Friday, February 15, 2002

JOURNAL OF THE SENATE

__________

THIRTY-THIRD CALENDAR DAY
TWENTY-FIRST SESSION DAY

Senate Chamber
Des Moines, Iowa, Friday, February 15, 2002

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

Prayer was offered by the Honorable Mark Zieman, member of the
Senate from Allamakee County, Postville, Iowa.

The Journal of Thursday, February 14, 2002, was approved.

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 14, 2002, adopted the following resolution in which the
concurrence of the House was asked:

Senate Concurrent Resolution 101, a concurrent resolution to
amend Joint Rule 20 of the joint rules of the senate and house.

ALSO: That the House has on February 14, 2002, passed the following bill in
which the concurrence of the House was asked:

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

ALSO: That the House has on February 14, 2002, amended and passed the
following bill in which the concurrence of the House was asked:

Senate File 2018, a bill for an act relating to the number of days
of payment for expenses of office for members of the general assembly

for the 2002 Regular Session of the Seventy-ninth General Assembly.
(S-5042)

ALSO: That the House has on February 14, 2002, passed the following bills in
which the concurrence of the Senate is asked:

House File 2230, a bill for an act relating to sentences of
incarceration for third or subsequent operating-while-intoxicated
motor vehicle offenses.

Read first time and referred to committee on Judiciary.

House File 2247, a bill for an act relating to the regulation of
health care facilities and the duties of resident advocate committees.

Read first time and referred to committee on Human Resources.

House File 2249, a bill for an act relating to the administration of
the Iowa lottery by providing for criminal history checks of applicants
for certain licenses and major vendors contracting with the lottery,
marketing materials, and the identification of instant lottery tickets,
providing for a fee, and providing for an effective date.

Read first time and referred to committee on State Government.

House File 2271, 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 and attached to similar Senate File 2193.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Schuerer, until he arrives, on request of Senator Rehberg; and Senator
Jensen, for the day, on request of Senator Iverson.


BILL REFERRED TO COMMITTEE

Senator Iverson asked and received unanimous consent that
Senate File 2124 be referred from the Regular Calendar to the
committee on Appropriations.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:16 a.m.
until 12:30 p.m.


APPENDIX

REPORTS OF COMMITTEE MEETINGS

AGRICULTURE

Convened: February 15, 2002, 11:03 a.m.

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

Members Absent: Fraise, Ranking Member (excused).

Committee Business: Approved SSB 3118 (as amended).

Adjourned: 11:16 a.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: February 15, 2002, 10:05 a.m.

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

Members Absent: Jensen (excused).

Committee Business: Passed SFs 441, 2068, and 2077. Approved SSBs 3102, 3112,
and 3123.

Adjourned: 10:45 a.m.

INTRODUCTION OF BILLS

Senate File 2194, by Redwine, a bill for an act requiring
mortgagees to place escrow deposits from mortgagors in accounts that
pay interest.

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

Senate File 2195, by committee on Human Resources, a bill for
an act relating to the uniform anatomical gift Act including the
document of gift, the release of identifying information, donors other
than the subject of the donation, and immunity provisions.

Read first time under Rule 28 and placed on calendar.


SUBCOMMITTEE ASSIGNMENTS

Senate File 390

HUMAN RESOURCES: Schuerer, Chair; Hammond and Redwine

Senate File 2175

TRANSPORTATION: Rittmer, Chair; Fink and Houser

SSB 3046
(Reassignment)

JUDICIARY: Tinsman, Chair; Angelo and Hammond

COMMITTEE REPORT

HUMAN RESOURCES

Final Bill Action: *SENATE FILE 2195 (SSB 3049), a bill for an act relating to the
uniform anatomical gift Act including the document of gift, the release of identifying
information, donors other than the subject of the donation, and immunity provisions.

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.

*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Human Resources Committee on Senate File 2195, and
they were attached to the committee report.


AFTERNOON SESSION

The Senate reconvened at 12:36 p.m., President Kramer presiding.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Flynn, Fraise, and McCoy, for the day, on request of Senator Gronstal.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2193.

Senate File 2193

On motion of Senator McKinley, Senate File 2193, 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, was taken up for
consideration.

Senator McKinley offered amendment S-5043, filed by him from
the floor to pages 1, 3, and 4 of the bill, and moved its adoption.

Amendment S-5043 was adopted by a voice vote.

Senator McKinley asked and received unanimous consent that
House File 2271 be substituted for Senate File 2193.

House File 2271

On motion of Senator McKinley, House File 2271, 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, was taken up for
consideration.

Senator McKinley offered amendment S-5044, filed by him from
the floor to pages 4 and 5 of the bill, and moved its adoption.

Amendment S-5044 was adopted by a voice vote.

Senator McKinley 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?" (H.F. 2271), the vote was:

Ayes, 44:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Freeman Gaskill Greiner Gronstal
Hammond Hansen Harper Holveck
Horn Houser Iverson 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, 4:
Flynn Fraise Jensen McCoy

 


Vacant, 2.

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

WITHDRAWN

Senator McKinley asked and received unanimous consent that
Senate File 2193 be withdrawn from further consideration of the
Senate.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2035.


House File 2035

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

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?" (H.F. 2035), the vote was:

Ayes, 44:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Freeman Gaskill Greiner Gronstal
Hammond Hansen Harper Holveck
Horn Houser Iverson 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, 4:
Flynn Fraise Jensen McCoy

 


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
House Files 2035 and 2271 be immediately messaged to the
House.


ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 1:03 p.m.
until 1:00 p.m. Monday, February 18, 2002.

APPENDIX

REPORTS OF COMMITTEE MEETINGS

BUSINESS AND LABOR RELATIONS

Convened: February 15, 2002, 12:00 p.m.

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

Members Absent: Fraise (excused).

Committee Business: Approved SSB 3117.

Adjourned: 12:15 p.m.

COMMERCE

Convened: February 15, 2002, 2:04 p.m.

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

Members Absent: Jensen, Chair; Flynn, Hansen, Maddox, and McCoy (all excused).

Committee Business: Passed SF 2096.

Adjourned: 2:20 p.m.

LOCAL GOVERNMENT

Convened: February 15, 2002, 1:10 p.m.

Members Present: Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member;
Freeman, Gaskill, Horn, Houser, McKibben, and Zieman.

Members Absent: Black, Fraise, and McCoy (all excused).

Committee Business: Passed SF 2150 (as amended) and HF 2135.

Adjourned: 1:20 p.m.


SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: February 15, 2002, 10:05 a.m.

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

Members Absent: Fiegen and Flynn (both excused).

Committee Business: Presentation by C.J. Niles, Director of IDED.

Adjourned: 10:36 a.m.

STATE GOVERNMENT

Convened: February 15, 2002, 1:15 p.m.

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

Members Absent: Jensen (excused).

Committee Business: Passed SF 2153 and approved SSB 3136.

Adjourned: 1:55 p.m.

INTRODUCTION OF BILLS

Senate File 2196, by Miller, Houser, McKean, and King, a bill for
an act permitting the clerk of the district court to become a county
elective office.

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

Senate File 2197, by committee on Judiciary, a bill for an act
prohibiting a registered sex offender from residing near a school or
child care facility, and providing a penalty.

Read first time under Rule 28 and placed on calendar.

Senate File 2198, by committee on Judiciary, a bill for an act
relating to certain cigarettes and tobacco products and accessories,
providing penalties, and making penalties applicable.

Read first time under Rule 28 and placed on calendar.

Senate File 2199, by committee on Natural Resources and
Environment, a bill for an act requiring permits for the construction
of unformed manure storage structures that are part of confinement
feeding operations, making penalties applicable, and providing an
effective date.

Read first time under Rule 28 and placed on calendar.

Senate File 2200, by committee on Business and Labor Relations,
a bill for an act relating to an employer's liability for the payment of
workers' compensation benefits to an employee for a permanent
partial disability or a permanent total disability based in part upon a
preexisting injury or recovery of benefits.

Read first time under Rule 28 and placed on calendar.

Senate File 2201, by committee on Judiciary, a bill for an act
relating to nonsubstantive Code corrections and including effective
and retroactive applicability provisions.

Read first time under Rule 28 and placed on calendar.

Senate File 2202, by McKibben, a bill for an act regulating the
use of construction management services contracts for public
improvements subject to competitive bidding requirements.

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

Senate File 2203, by committee on State Government, a bill for
an act providing for access to the Iowa communications network by
homeland security or defense facilities.

Read first time under Rule 28 and placed on calendar.

Senate File 2204, by committee on Natural Resources and
Environment, a bill for an act relating to the requirements for
receiving a property tax exemption for open prairies and wildlife
habitats and including an applicability date provision.

Read first time under Rule 28 and placed on calendar.

Senate File 2205, by committee on Human Resources, a bill for
an act relating to regulation of child care and child development
homes and child care centers and providing effective date and
applicability provisions.

Read first time under Rule 28 and placed on calendar.

STUDY BILLS RECEIVED

SSB 3142 Judiciary

Relating to the award of joint physical care of a child.

SSB 3143 State Government

Considering appropriations from the gambling treatment fund.

SSB 3144 Natural Resources and Environment

Relating to the issuance of nonresident turkey and deer hunting
licenses to nonresidents owning agricultural land in this state.

SSB 3145 Judiciary

Relating to reorganizing judicial districts and judicial election
districts.

SSB 3146 Human Resources

Relating to psychiatric medical institutions for children
requirements involving complaint response and behavioral health
care coverage.

SUBCOMMITTEE ASSIGNMENTS

Senate File 245
(Reassignment)

TRANSPORTATION: Zieman, Chair; Fraise and Houser

Senate File 2174

JUDICIARY: Redfern, Chair; Fiegen and Maddox

House File 2230

JUDICIARY: Maddox, Chair; Fraise and Tinsman

SSB 3142

JUDICIARY: Lamberti, Chair; Holveck and Tinsman

SSB 3143

STATE GOVERNMENT: Drake, Chair; Kibbie and Maddox

SSB 3144

NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Black and Miller

SSB 3145

JUDICIARY: Maddox, Chair; Angelo and Holveck

SSB 3146

HUMAN RESOURCES: Veenstra, Chair; Behn and Shearer

COMMITTEE REPORTS

BUSINESS AND LABOR RELATIONS

Final Bill Action: SENATE FILE 2200 (SSB 3117), a bill for an act relating to an
employer's liability for the payment of workers' compensation benefits to an employee
for a permanent partial disability or a permanent total disability based in part upon a
preexisting injury or recovery of benefits.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 7: Freeman, Greiner, Behn, King, Lundby, McKibben, and
Schuerer. Nays, 3: Dearden, Hammond, and Horn. Absent or not voting, 1: Fraise.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

HUMAN RESOURCES

Final Bill Action: *SENATE FILE 2205 (formerly SF 2097), a bill for an act relating
to regulation of child care and child development homes and child care centers and
providing effective date and applicability provisions.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 11: Redwine, Tinsman, Hammond, Behn, Boettger, Dvorsky,
Harper, Holveck, Miller, Shearer, and Veenstra. Nays, 1: Schuerer. 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 Human Resources Committee on Senate File 2205, and
they were attached to the committee report.

JUDICIARY

Final Bill Action: SENATE FILE 2197 (formerly SF 2110), a bill for an act
prohibiting a registered sex offender from residing near a school or child care facility,
and providing a penalty.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: *SENATE FILE 2198 (formerly SF 2041), a bill for an act relating
to certain cigarettes and tobacco products and accessories, providing penalties, and
making penalties applicable.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none.
Absent or not voting, none.

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 2198, and they
were attached to the committee report.

ALSO:

Final Bill Action: *SENATE FILE 2201 (SSB 3096), a bill for an act relating to
nonsubstantive Code corrections and including effective and retroactive applicability
provisions.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise,
Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. 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 Judiciary Committee on Senate File 2201, and they
were attached to the committee report.

LOCAL GOVERNMENT

Final Bill Action: HOUSE FILE 2135, a bill for an act relating to the membership of
the planning and zoning commission in certain cities.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Miller, Angelo, Hansen, Freeman, Gaskill, Horn, Houser,
McKibben, and Zieman. Nays, none. Absent or not voting, 3: Black, Fraise, and
McCoy.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

NATURAL RESOURCES AND ENVIRONMENT

Final Bill Action: SENATE FILE 2199 (SSB 3123), a bill for an act requiring permits
for the construction of unformed manure storage structures that are part of
confinement feeding operations, making penalties applicable, and providing an
effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Sexton, Fink, Black, Bolkcom, Dearden, Deluhery, Drake,
Freeman, Houser, Kibbie, Lundby, Miller, and Rittmer. Nays, none. Absent or not
voting, 1: Jensen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2204 (SSB 3112), a bill for an act relating to the
requirements for receiving a property tax exemption for open prairies and wildlife
habitats and including an applicability date provision.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Sexton, Fink, Black, Bolkcom, Dearden, Deluhery, Drake,
Freeman, Houser, Kibbie, Lundby, Miller, and Rittmer. Nays, none. Absent or not
voting, 1: Jensen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

STATE GOVERNMENT

Final Bill Action: SENATE FILE 2153, 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.


Recommendation: DO PASS.

Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none. Absent or
not voting, 1: Jensen.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 2203 (SSB 3136), a bill for an act providing for
access to the Iowa communications network by homeland security or defense facilities.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none. Absent or
not voting, 1: Jensen.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

AMENDMENTS FILED

S-5042 S.F. 2018 House
S-5043 S.F. 2193 Paul McKinley
S-5044 H.F. 2271 Paul McKinley

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