Senate Journal: Wednesday, February 20, 2002
JOURNAL OF THE SENATE
__________
THIRTY-EIGHTH CALENDAR DAY
TWENTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, February 20, 2002
The Senate met in regular session at 9:07 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Kerry Jech, pastor of the New
Hope Christian Church in Marshalltown, Iowa. He was the guest of
Senator McKibben.
The Journal of Tuesday, February 19, 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 19, 2002, amended and passed the following bill in which the
concurrence of the House was asked:
Senate File 437, a bill for an act relating to the registration and
titling of all-terrain vehicles and snowmobiles, and subjecting
violators to a penalty. (S-5052)
ALSO: That the House has on February 19, 2002, passed the following bills in
which the concurrence of the Senate is asked:
House File 2338, a bill for an act relating to a person registering
as a sex offender in a county where an institution of higher education
is located, and providing penalties.
Read first time and attached to similar Senate File 2095.
House File 2339, a bill for an act relating to the filing of a
supersedeas bond.
Read first time and referred to committee on Judiciary.
House File 2341, a bill for an act relating to electric transmission
lines.
Read first time and referred to committee on Commerce.
House File 2344, a bill for an act relating to the retention of
unemployment benefits contested case hearing records.
Read first time and referred to committee on Business and
Labor Relations.
House File 2345, a bill for an act authorizing the department of
justice to administer the violence against women program.
Read first time and attached to companion Senate File 2138.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Sexton, until he arrives, on request of Senator Gaskill; and Senator
Houser, until he arrives, on request of Senator Freeman.
BILLS REFERRED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate File 2208 be referred and Senate File 2153 be rereferred
from the Regular Calendar to the committee on Ways and Means.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 9:18 a.m.
until 9:00 a.m. Thursday, February 21, 2002.
APPENDIX
CERTIFICATE OF RECOGNITION
The Secretary of the Senate issued the following certificate of
recognition:
Thomas D. Morrison, Muscatine — For achieving the rank of Eagle Scout, Boy
Scout Troop 127. Senator Drake (02/20/02).
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: February 20, 2002, 8:35 a.m.
Members Present: Behn, Chair; Fraise, Ranking Member; Angelo, Boettger, Fiegen,
Gaskill, Greiner, Kibbie, Shearer, Veenstra, and Zieman.
Members Absent: Houser, Vice Chair; Black, Sexton, and Soukup (all excused).
Committee Business: Passed SF 2154 (as amended).
Adjourned: 8:55 a.m.
BUSINESS AND LABOR RELATIONS
Convened: February 20, 2002, 10:09 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: Discussion on SSB 3164.
Adjourned: 10:30 a.m.
EDUCATION
Convened: February 20, 2002, 10:08 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 2113 (as amended). Approved SSBs 3148, 3149,
and 3150.
Adjourned: 10:40 a.m.
HUMAN RESOURCES
Convened: February 20, 2002, 11:06 a.m.
Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking
Member; Behn, Boettger, Dvorsky, Harper, Holveck, McKibben, Miller, Schuerer,
Shearer, and Veenstra.
Members Absent: None.
Committee Business: Approved SSBs 3105 (as amended) and 3138 (as amended).
Approved Governor's appointees.
Adjourned: 11:31 a.m.
JUDICIARY
Convened: February 20, 2002, 1:10 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 2038 (as amended) and 2130. Approved SSBs
3011 (as amended), 3046, 3108, 3114 (as amended), 3126 (as amended), 3141 (as
amended), and 3145. SSB 3162 failed.
Adjourned: 3:45 p.m.
TRANSPORTATION
Convened: February 20, 2002, 11:05 a.m.
Members Present: Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member;
Dearden, Fink, Fraise, Freeman, Houser, Jensen, Kibbie, McKinley, and Zieman.
Members Absent: Sexton (excused).
Committee Business: Approved SSB 3160. Subcommittees assigned.
Adjourned: 11:35 a.m.
INTRODUCTION OF RESOLUTIONS
Senate Joint Resolution 2004, by Soukup, a joint resolution
requesting the placement of a statue of Henry Agard Wallace in the
national statuary hall.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
Senate Concurrent Resolution 112, by Rehberg, a concurrent
resolution to request a legislative interim study committee on
condemnation of land in Iowa.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILLS
Senate File 2244, by Redfern, a bill for an act eliminating teacher
licensure of community college faculty; requiring community colleges
to develop, approve, and implement a quality faculty and staff plan;
and providing for related matters and an effective date.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 2245, by Zieman, a bill for an act requiring proof of
financial liability coverage for the registration or renewal of
registration of a motor vehicle.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 2246, by Lamberti, a bill for an act relating to
agreements for purses and supplements for pari-mutuel horse racing.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 2247, by committee on Commerce, a bill for an act
relating to vendor contracts for the statewide underground facility
notification center.
Read first time under Rule 28 and placed on calendar.
Senate File 2248, by committee on Natural Resources and
Environment, a bill for an act relating to an increase in the number of
nonresident deer hunting licenses and providing for the allocation of
the nonresident deer hunting licenses.
Read first time under Rule 28 and placed on calendar.
Senate File 2249, by committee on Natural Resources and
Environment, a bill for an act relating to the issuance of nonresident
turkey and deer hunting licenses to nonresidents owning agricultural
land in this state.
Read first time under Rule 28 and placed on calendar.
Senate File 2250, by committee on Natural Resources and
Environment, a bill for an act relating to the operation and regulation
of personal watercraft or motorboats, and to watercraft safety courses
and certificates, and subjecting violators to a penalty.
Read first time under Rule 28 and placed on calendar.
Senate File 2251, by committee on Commerce, a bill for an act
relating to the establishment of rates for credit life or credit accident
and health insurance.
Read first time under Rule 28 and placed on calendar.
Senate File 2252, by committee on Commerce, a bill for an act
relating to electric transmission lines.
Read first time under Rule 28 and placed on calendar.
Senate File 2253, by McCoy, a bill for an act relating to the
establishment of enforcement actions relating to assisted living
programs.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 2254, by Kibbie, a bill for an act requiring every
insurer offering group health insurance to provide coverage for
certain enteral formulas.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 2255, by McCoy, a bill for an act establishing a child
immunization reporting system for all minor children in the state and
making penalties applicable.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 2256, by McCoy, a bill for an act relating to telephone
solicitations and providing for a civil penalty.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 2257, by Redwine, a bill for an act allowing qualified
off-duty and qualified retired peace officers to carry weapons.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 2258, by committee on Education, a bill for an act
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.
Read first time under Rule 28 and placed on calendar.
Senate File 2259, by committee on Education, a bill for an act
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.
Read first time under Rule 28 and placed on calendar.
Senate File 2260, by committee on Education, a bill for an act
relating to the reorganization or dissolution of area education
agencies and providing an effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 2261, by McCoy, a bill for an act relating to the
amount and use of fees for the registration of a birth certificate.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 2262, by King, Behn, Rehberg, and Schuerer, a bill
for an act applying the death penalty or life imprisonment for the
offense of first degree murder, by establishing circumstances under
which the death penalty will be applied, by providing a minimum age
for imposition of a death sentence, by providing for review of death
sentences, by providing for execution by lethal injection, by amending
the rules of criminal procedure, and by providing an effective date
and for the Act's applicability.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 2263, by McCoy, a bill for an act creating a criminal
offense for leaving an unattended or not properly supervised child in
a motor vehicle, and publicizing the hazards of leaving a child in a
motor vehicle and providing a penalty.
Read first time under Rule 28 and referred to committee on
Human Resources.
STUDY BILLS RECEIVED
SSB 3166 State Government
Relating to the Iowa public employees’ retirement system and
providing a retroactive applicability date.
SSB 3167 Small Business, Economic Development, and
Tourism
Relating to orders imposing a penalty or compelling a specific
action issued by an agency after an inspection.
SSB 3168 Education
Relating to school funding by providing additional supplementary
weighting for pupils enrolled in advanced-level classes on a district-
to-district sharing basis.
SSB 3169 State Government
Relating to voter registration, including information required on
voter registration forms, voter identification numbers, and voter
registration lists.
SSB 3170 State Government
Providing for an operational revolving fund for the department of
commerce and providing for the deposit of moneys in the fund.
SSB 3171 State Government
Providing for miscellaneous substantive and technical changes
relating to the operations and functions of the information technology
department.
SSB 3172 State Government
Relating to procedure for ethics complaints.
SSB 3173 State Government
Relating to the dates of special elections on public measures for
counties, cities, merged areas, and school districts.
SSB 3174 Agriculture
Relating to animal agriculture.
SSB 3175 Local Government
Relating to property taxation by requiring funding for state
mandates, amending the regular program school foundation base
percentage, limiting certain school district property tax levies,
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 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 tax
payer, and lowering the rate on interest charged on delinquent taxes,
and providing for other properly related matters and including
effective and applicability date provisions.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2202
STATE GOVERNMENT: King, Chair; Dearden and Jensen
Senate File 2215
(Reassignment)
AGRICULTURE: Gaskill, Chair; Black and Greiner
Senate File 2219
LOCAL GOVERNMENT: Miller, Chair; Fraise and Houser
Senate File 2236
STATE GOVERNMENT: Sexton, Chair; Kibbie and Rittmer
Senate File 2238
STATE GOVERNMENT: Schuerer, Chair; Connolly and Jensen
Senate File 2239
STATE GOVERNMENT: King, Chair; Bolkcom and Schuerer
Senate File 2244
EDUCATION: Redfern, Chair; Boettger and Connolly
House File 2317
TRANSPORTATION: Freeman, Chair; Fraise and Jensen
SSB 3166
STATE GOVERNMENT: Rittmer, Chair; Kibbie and King
SSB 3167
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Zieman, Chair;
Flynn and Rehberg
SSB 3168
EDUCATION: Boettger, Chair; Rehberg and Soukup
SSB 3169
STATE GOVERNMENT: King, Chair; Kibbie and Lamberti
SSB 3170
STATE GOVERNMENT: Jensen, Chair; Deluhery and Schuerer
SSB 3171
STATE GOVERNMENT: King, Chair; Deluhery and Rittmer
SSB 3172
STATE GOVERNMENT: Drake, Chair; Kibbie and McKean
SSB 3173
STATE GOVERNMENT: McKean, Chair; Fink and Maddox
SSB 3174
AGRICULTURE: Angelo, Chair; Behn, Fraise, Gaskill, and Kibbie
SSB 3175
LOCAL GOVERNMENT: Miller, Chair; Houser and Horn
COMMITTEE REPORTS
COMMERCE
Final Bill Action: SENATE FILE 2194, a bill for an act requiring mortgagees to
place escrow deposits from mortgagors in accounts that pay interest.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Jensen, Schuerer, Deluhery, Bolkcom, Flynn, Freeman,
Gronstal, Hansen, King, Lundby, Maddox, Redfern, Redwine, and Rehberg. Nays,
none. Absent or not voting, 1: McCoy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2247 (SSB 3050), a bill for an act relating to vendor
contracts for the statewide underground facility notification center.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Jensen, Schuerer, Deluhery, Bolkcom, Flynn, Freeman,
Gronstal, Hansen, King, Lundby, Maddox, Redfern, Redwine, and Rehberg. Nays,
none. Absent or not voting, 1: McCoy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2251 (SSB 3119), a bill for an act relating to the
establishment of rates for credit life or credit accident and health insurance.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Jensen, Schuerer, Deluhery, Bolkcom, Flynn, Freeman,
Gronstal, Hansen, King, Lundby, Maddox, Redfern, Redwine, and Rehberg. Nays,
none. Absent or not voting, 1: 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 2251, and they
were attached to the committee report.
ALSO:
Final Bill Action: *SENATE FILE 2252 (SSB 3088), a bill for an act relating to
electric transmission lines.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Jensen, Schuerer, Deluhery, Bolkcom, Flynn, Freeman,
Gronstal, Hansen, King, Lundby, Maddox, Redfern, Redwine, and Rehberg. Nays,
none. Absent or not voting, 1: 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 2252, and they
were attached to the committee report.
EDUCATION
Final Bill Action: SENATE FILE 2258 (SSB 3148), a bill for an act 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.
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.
|
ALSO:
Final Bill Action: SENATE FILE 2259 (SSB 3150), a bill for an act 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.
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.
|
ALSO:
Final Bill Action: SENATE FILE 2260 (SSB 3149), a bill for an act relating to the
reorganization or dissolution of area education agencies and providing an effective
date.
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.
|
NATURAL RESOURCES AND ENVIRONMENT
Final Bill Action: SENATE FILE 2248 (SSB 3028), a bill for an act relating to an
increase in the number of nonresident deer hunting licenses and providing for the
allocation of the nonresident deer hunting licenses.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Sexton, Freeman, Fink, Black, Bolkcom, Dearden, Deluhery,
Drake, Houser, Jensen, Kibbie, Lundby, McKean, Miller, and Rittmer. Nays, none.
Absent or not voting, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 2249 (SSB 3144), a bill for an act relating to the
issuance of nonresident turkey and deer hunting licenses to nonresidents owning
agricultural land in this state.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Sexton, Freeman, Fink, Black, Bolkcom, Dearden, Deluhery,
Drake, Houser, Jensen, Kibbie, Lundby, McKean, Miller, and Rittmer. Nays, none.
Absent or not voting, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 2250 (SSB 3031), a bill for an act relating to the
operation and regulation of personal watercraft or motorboats, and to watercraft safety
courses and certificates, and subjecting violators to a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Sexton, Freeman, Fink, Black, Bolkcom, Dearden, Deluhery,
Drake, Houser, Jensen, Kibbie, Lundby, McKean, Miller, and Rittmer. 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 Natural Resources and Environment Committee on
Senate File 2250, and they were attached to the committee report.
BILL 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 bill has 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 20th day of
February, 2002:
Senate File 2100.
MICHAEL E. MARSHALL
Secretary of the Senate
GOVERNOR’S APPOINTEES PLACED ON
EN BLOC CALENDAR
The following appointees, assigned to standing committees for
investigation, were placed on the En Bloc Calendar with
recommendations for confirmation on February 20, 2002:
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
Julie Jetter - Mental Health and Developmental Disabilities Commission
M. Christina Santos Cruse - Commission on Tobacco Use Prevention and Control
JUDICIARY
Elizabeth Robinson-Ford - Chairperson of the Board of Parole
Richard Bordwell - Vice Chairperson of the Board of Parole
AMENDMENT FILED
S-5052 S.F. 437 House
© 2002 Cornell College and
League of Women Voters of Iowa
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