Senate Journal: Monday, February 18, 2002
JOURNAL OF THE SENATE
__________
THIRTY-SIXTH CALENDAR DAY
TWENTY-SECOND SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, February 18, 2002
The Senate met in regular session at 1:10 p.m., President Kramer
presiding.
Prayer was offered by Father Dennis Cain of St. Clement's
Catholic Church in Bankston, Iowa. He was the guest of Senator
Flynn.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Senate Pages Jessi Fisher and
Wendy Walker.
The Journal of Friday, February 15, 2002, was approved.
Senator Angelo took the chair at 1:25 p.m.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 1:48 p.m.
until 9:00 a.m. Tuesday, February 19, 2002.
APPENDIX
COMMUNICATIONS RECEIVED
The following communications were received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:
February 18, 2002
DEPARTMENT OF ECONOMIC DEVELOPMENT
Community Economic Betterment Account (CEBA) Annual Report for FY 2001.
IOWA HIGHER EDUCATION LOAN AUTHORITY
2001 Annual Report, pursuant to Iowa Code section 261A.21.
CERTIFICATE OF RECOGNITION
The Secretary of the Senate issued the following certificate of
recognition:
Terry Buss, Hampton — For receiving the Iowa Sports Turf Manager of the Year
Award. Senator Iverson (02/18/02).
COMMITTEE CHANGES
Senator Iverson announced the following changes in committee
assignments to fill vacancies created by Senator Bartz's resignation
from the Senate:
Senator Boettger will be added to the Agriculture Committee.
Senator McKibben will be added to the Human Resources Committee.
Senator Tinsman will be added to the Local Government Committee.
Senator Freeman will serve as Vice Chair on the Natural Resources and
Environment Committee.
Senator McKean will be added to the Natural Resources and Environment
Committee.
Senator Zieman will serve as Vice Chair on the Administration and Regulation
Appropriations Subcommittee.
Senator Drake will be added to the Administration and Regulation Appropriations
Subcommittee.
REPORTS OF COMMITTEE MEETINGS
EDUCATION
Convened: February 18, 2002, 1:55 p.m.
Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
Member; Angelo, Fink, Harper, McKinley, Redwine, Soukup, Tinsman, and Veenstra.
Members Absent: Dvorsky, Kramer, Redfern, and Shearer (all excused).
Committee Business: Approved SSB 3115 (as amended).
Adjourned: 2:05 p.m.
HUMAN RESOURCES
Convened: February 18, 2002, 2:34 p.m.
Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking
Member; Behn, Boettger, Harper, Holveck, McKibben, Miller, Schuerer, Shearer, and
Veenstra.
Members Absent: Dvorsky (excused).
Committee Business: Passed SF 2147 (as amended). Approved SSBs 3106, 3137,
and 3146. Approved Governor's appointee.
Adjourned: 2:55 p.m.
JUDICIARY
Convened: February 18, 2002, 3:40 p.m.
Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member;
Boettger, Fiegen, Fraise, Hammond, Horn, King, Miller, and Tinsman.
Members Absent: Angelo, Hansen, Lamberti, and McKean (all excused).
Committee Business: Subcommittee assignments.
Adjourned: 4:00 p.m.
TRANSPORTATION
Convened: February 18, 2002, 2:38 p.m.
Members Present: Rittmer, Chair; Drake, Vice Chair; Fink, Fraise, Freeman,
Houser, Jensen, McKinley, and Zieman.
Members Absent: McCoy, Ranking Member; Dearden, Kibbie, and Sexton (all
excused).
Committee Business: Passed HF 2193. Approved Governor's appointee.
Adjourned: 2:50 p.m.
INTRODUCTION OF RESOLUTION
Senate Resolution 109, by Jensen and Horn, a Senate resolution
thanking the contractors, subcontractors, artisans, skilled workers,
and state employees who have contributed to the effort to restore the
Iowa State Capitol.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILLS
Senate File 2206, by committee on Natural Resources and
Environment, a bill for an act relating to the issuance or renewal of
sanitary disposal project permits.
Read first time under Rule 28 and placed on calendar.
Senate File 2207, by committee on Natural Resources and
Environment, a bill for an act relating to the acquisition,
enforceability, and purpose of conservation easements.
Read first time under Rule 28 and placed on calendar.
Senate File 2208, by committee on Natural Resources and
Environment, a bill for an act relating to property tax exemptions for
pollution-control property associated with confinement feeding
operations.
Read first time under Rule 28 and placed on calendar.
Senate File 2209, by committee on Natural Resources and
Environment, a bill for an act prohibiting actions involving the sale or
long-term use of state resource center real estate that includes native
American burial sites and deep loess soils and other significant
natural resources and providing an immediate effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 2210, by committee on Agriculture, a bill for an act
relating to the acquisition and holding of agricultural land by
qualified enterprises, by providing for activities related to baby chicks
and fertilized chicken eggs, providing penalties, and providing an
effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 2211, by Veenstra, a bill for an act providing for the
mental health and developmental disabilities commission to assume
the duties of the state-county management committee and provides
new rulemaking authority associated with those duties.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 2212, by committee on Commerce, a bill for an act
relating to secured transactions, by providing for landlord liens.
Read first time under Rule 28 and placed on calendar.
STUDY BILLS RECEIVED
SSB 3147 Education
Relating to the operations of the state board of education, the
department of education, school districts, accredited nonpublic
schools, and other state and local agencies with regard to attendance
and truancy, academic standards, and related matters.
SSB 3148 Education
Relating to the board of educational examiners’ authority to
determine whether an applicant for licensure or certification or for
renewal of a license is qualified for the license sought.
SSB 3149 Education
Relating to the reception or dissolution of area education agencies
and providing an effective date.
SSB 3150 Education
Amending Code provisions administered by the department of
education, including provisions related to participation in
extracurricular activities, tuition reimbursement payment by school
districts under the postsecondary enrollment options Act,
interscholastic activities agreements, school infrastructure program
calculations, phase I payment calculations, and the use of phase III
balances by school districts and area education agencies.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2124
APPROPRIATIONS: Jensen, Chair; Deluhery and Lundby
Senate File 2154
AGRICULTURE: Angelo, Chair; Fiegen and Houser
Senate File 2159
AGRICULTURE: Angelo, Chair; Fiegen and Houser
Senate File 2165
NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Black and Miller
Senate File 2173
EDUCATION: McKinley, Chair; Boettger and Dvorsky
Senate File 2176
NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Black and Miller
Senate File 2180
EDUCATION: Boettger, Chair; Kramer and Soukup
Senate File 2182
STATE GOVERNMENT: King, Chair; Dearden and McKean
Senate File 2184
EDUCATION: Rehberg, Chair; Redwine and Soukup
Senate File 2185
EDUCATION: Veenstra, Chair; Fink and Tinsman
Senate File 2187
STATE GOVERNMENT: Rittmer, Chair; Kibbie and King
Senate File 2188
STATE GOVERNMENT: King, Chair; Deluhery and Lamberti
Senate File 2196
LOCAL GOVERNMENT: Miller, Chair; Fraise and Houser
House File 2082
NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Fink and Miller
House File 2249
STATE GOVERNMENT: McKean, Chair; Fink and King
SSB 3032
(Reassignment)
STATE GOVERNMENT: King, Chair; Kibbie and Schuerer
SSB 3065
(Reassignment)
STATE GOVERNMENT: King, Chair; Bolkcom and Schuerer
SSB 3067
(Reassignment)
STATE GOVERNMENT: King, Chair; Bolkcom and McKean
SSB 3099
(Reassignment)
JUDICIARY: Redfern, Chair; Fraise and King
SSB 3135
(Reassignment)
STATE GOVERNMENT: Maddox, Chair; Drake and Kibbie
SSB 3147
EDUCATION: McKinley, Chair; Harper and Rehberg
SSB 3148
EDUCATION: Angelo, Chair; Boettger and Harper
SSB 3149
EDUCATION: Connolly, Chair; Boettger and Rehberg
SSB 3150
EDUCATION: Connolly, Chair; McKinley and Rehberg
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: *SENATE FILE 2210 (SSB 3118), a bill for an act relating to the
acquisition and holding of agricultural land by qualified enterprises, by providing for
activities related to baby chicks and fertilized chicken eggs, providing penalties, and
providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Behn, Houser, Angelo, Black, Fiegen, Gaskill, Greiner, Kibbie,
Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 1:
Fraise.
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 Agriculture Committee on Senate File 2210, and they
were attached to the committee report.
COMMERCE
Final Bill Action: *SENATE FILE 2212 (formerly SF 2096), a bill for an act relating
to secured transactions, by providing for landlord liens.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Schuerer, Deluhery, Bolkcom, Freeman, Gronstal, King,
Lundby, Redfern, Redwine, and Rehberg. Nays, none. Absent or not voting, 5: Jensen,
Flynn, Hansen, Maddox, and McCoy.
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 Commerce Committee on Senate File 2212, and they
were attached to the committee report.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 2150, a bill for an act relating to the establishment
of multicounty jails and making an appropriation.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5045.
Final Vote: Ayes, 8: Miller, Angelo, Hansen, Freeman, Gaskill, Houser, McKibben,
and Zieman. Nays, 1: Horn. 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 2206 (formerly SF 441), a bill for an act relating
to the issuance or renewal of sanitary disposal project permits.
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: REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Natural Resources and Environment Committee on
Senate File 2206, and they were attached to the committee report.
ALSO:
Final Bill Action: *SENATE FILE 2207 (formerly SF 2068), a bill for an act relating
to the acquisition, enforceability, and purpose of conservation easements.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Natural Resources and Environment Committee on
Senate File 2207, and they were attached to the committee report.
ALSO:
Final Bill Action: *SENATE FILE 2208 (SSB 3102), a bill for an act relating to
property tax exemptions for pollution-control property associated with confinement
feeding operations.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Natural Resources and Environment Committee on
Senate File 2208, and they were attached to the committee report.
ALSO:
Final Bill Action: *SENATE FILE 2209 (formerly SF 2077), a bill for an act
prohibiting actions involving the sale or long-term use of state resource center real
estate that includes native American burial sites and deep loess soils and other
significant natural resources and providing an immediate 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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Natural Resources and Environment Committee on
Senate File 2209, and they were attached to the committee report.
TRANSPORTATION
Final Bill Action: HOUSE FILE 2193, a bill for an act relating to modal
transportation, including changes in transit coordination requirements, elimination of
the Iowa railway finance authority, and changes in the aircraft registration process.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Rittmer, Drake, Fink, Fraise, Freeman, Houser, Jensen,
McKinley, and Zieman. Nays, none. Absent or not voting, 4: McCoy, Dearden, Kibbie,
and Sexton.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTES
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
February 15, 2002, when the votes were taken on House Files 2035 and 2271. Had I
been present, I would have voted "Aye" on both.
TOM FLYNN
GOVERNOR’S APPOINTEE PLACED ON
EN BLOC CALENDAR
The following appointee, assigned to standing committee for
investigation, was placed on the En Bloc Calendar with
recommendation for confirmation:
TRANSPORTATION
Angela Bonar - Iowa Law Enforcement Academy Council
BILLS ENROLLED, SIGNED, AND SENT TO GOVERNOR
The Secretary of the Senate submitted the following report:
MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bills have been enrolled, signed by the President of the Senate and the
Speaker of the House, and presented to the Governor for his approval on this 18th day
of February, 2002:
Senate Files 2079 and 2134.
MICHAEL E. MARSHALL
Secretary of the Senate
AMENDMENTS FILED
S-5045 S.F. 2150 Local Government
S-5046 S.F. 2201 Johnie Hammond
S-5047 S.F. 2197 Steve King
S-5048 S.F. 2029 Neal Schuerer
© 2002 Cornell College and
League of Women Voters of Iowa
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