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Senate Journal: Thursday, February 28, 2002

JOURNAL OF THE SENATE

__________

FORTY-SIXTH CALENDAR DAY
TWENTY-NINTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, February 28, 2002

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

Prayer was offered by the Reverend Pat Nemmers, pastor of the
Saylorville Baptist Church in Des Moines, Iowa. He was the guest of
Senators Lamberti and Lord.

The Journal of Wednesday, February 27, 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 27, 2002, adopted the following resolution in which the
concurrence of the House was asked:

Senate Concurrent Resolution 114, a concurrent resolution to
suspend joint rule 20 of the joint rules of the Senate and House of
Representatives for the Seventy-ninth General Assembly to allow for
the consideration of Senate File 2304 by the House of Representatives
during the seventh week of the 2002 regular session.

ALSO: That the House has on February 27, 2002, amended and passed the
following bill in which the concurrence of the House was asked:

Senate File 2304, a bill for an act relating to public funding and
regulatory matters and making, reducing, and transferring
appropriations for the fiscal year beginning July 1, 2001, and
including an effective date. (S-5085)


ALSO: That the House has on February 27, 2002, passed the following bills in
which the concurrence of the Senate is asked:

House File 2109, a bill for an act relating to the regulation of
games of skill or chance and raffles conducted for fundraising by
charitable, religious, educational, public, civic, or patriotic
organizations, or other entities, or between individuals.

Read first time and referred to committee on State Government.

House File 2340, a bill for an act providing for a well-being visit
to be conducted on an optional basis under a family investment
program limited benefit plan and providing an effective date.

Read first time and attached to companion Senate File 2230.

House File 2365, a bill for an act relating to certain documents
indexed and recorded with the county recorder.

Read first time and referred to committee on Local Government.

House File 2394, a bill for an act eliminating teacher licensure of
community college faculty; requiring community colleges to develop,
approve, and implement a quality faculty plan; and providing for
related matters and effective dates.

Read first time and referred to committee on Education.

House File 2492, a bill for an act relating to farm aid
associations, by providing for the future termination of such
associations and election procedures to become governed under the
Iowa nonprofit corporation Act, and providing an effective date.

Read first time and attached to similar Senate File 2215.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:50 a.m.
until 2:00 p.m.


APPENDIX

CERTIFICATE OF RECOGNITION

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

Colin Devine Meyer, Decorah - For achieving the rank of Eagle Scout. Senator
Zieman (02/28/02).

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

Convened: February 28, 2002, 10:35 a.m.

Members Present: Veenstra, Chair; Houser, Vice Chair; Hammond, Ranking
Member; and Harper.

Members Absent: Redwine (excused).

Committee Business: Presentations by Mary Nelson, DHS, on Promoting Safe and
Stable Families and Title IV-E and by Senate Page Karla Anderson on Family
Community and Career Leaders of America.

Adjourned: 11:50 a.m.

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: February 28, 2002, 10:30 a.m.

Members Present: Jensen, Chair; Lamberti, Vice Chair; Soukup, Ranking Member;
and McKibben.

Members Absent: Connolly (excused).

Committee Business: Presentation by Warren Jenkins, State Auditor's Office, and
Mary Beth Mellick, Legislative Fiscal Bureau, on the DOT budget.

Adjourned: 11:22 a.m.

WAYS AND MEANS

Convened: February 28, 2002, 1:10 p.m.

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


Members Absent: Deluhery (excused).

Committee Business: Passed SF 2171. Approved SSB 3139 (as amended).

Adjourned: 1:38 p.m.

SUBCOMMITTEE ASSIGNMENTS

Senate Concurrent Resolution 115

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 2204

WAYS AND MEANS: Drake, Chair; Deluhery and Miller

House File 2319

EDUCATION: McKinley, Chair; Boettger and Dvorsky

House File 2394

EDUCATION: Angelo, Chair; Connolly and Rehberg
House File 2404

EDUCATION: Redfern, Chair; Boettger and Soukup


AFTERNOON SESSION

The Senate reconvened at 2:11 p.m., President Kramer presiding.

BILLS REFERRED TO COMMITTEE

Senator Iverson asked and received unanimous consent that the
following bills on the Senate Calendar be referred to committee:

S.F. 2283 Appropriations
S.F. 2284 Ways and Means
S.F. 2298 Ways and Means

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators McKean and Redfern, for the remainder of the day, on request of Senator
Iverson.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2273.

Senate File 2273

On motion of Senator King, Senate File 2273, a bill for an act
relating to the designation of a Juneteenth National Freedom Day,
was taken up for consideration.

Senator King 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?" (S.F. 2273), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lord Lundby
Maddox McCoy McKibben McKinley
Miller Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
McKean Redfern

 


Vacant, 1.

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

The Senate stood at ease at 2:18 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 3:18 p.m., President Kramer
presiding.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Miller, until he returns, on request of Senator Iverson.

HOUSE AMENDMENT CONSIDERED

Senate File 2304

Senator Lamberti called up for consideration Senate File 2304, a
bill for an act relating to public funding and regulatory matters and
making, reducing, and transferring appropriations for the fiscal year
beginning July 1, 2001, and including an effective date, amended by
the House, and moved that the Senate concur in House amendment
S-5085, filed February 28, 2002.


The motion prevailed by a voice vote and the Senate concurred in
the House amendment.

Senator Lamberti moved that the bill, as amended by the House
and concurred in by the Senate, 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?" (S.F. 2304), the vote was:

Ayes, 26:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Lundby Maddox
McKibben McKinley Redwine Rehberg
Rittmer Schuerer Sexton Tinsman
Veenstra Zieman

 


Nays, 20:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Hansen Harper Holveck Horn
Kibbie McCoy Shearer Soukup

 


Absent or not voting, 3:
McKean Miller Redfern

 


Vacant, 1.

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
Senate Files 2273 and 2304 be immediately messaged to the
House.


CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2145.

Senate File 2145

On motion of Senator Sexton, Senate File 2145, a bill for an act
relating to terminology and eligibility for assistance under the sewage
treatment and drinking water facilities financing program, was taken
up for consideration.

Senator Sexton 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?" (S.F. 2145), the vote was:

Ayes, 46:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lord Lundby
Maddox McCoy McKibben McKinley
Redwine Rehberg Rittmer Schuerer
Sexton Shearer Soukup Tinsman
Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
McKean Miller Redfern

 


Vacant, 1.

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


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate Joint Resolution 2002.

Senate Joint Resolution 2002

On motion of Senator Drake, Senate Joint Resolution 2002, a
joint resolution proposing an amendment to the Constitution of the
State of Iowa relating to the composition of the militia, was taken up
for consideration.

Senator Connolly asked and received unanimous consent that
action on Senate Joint Resolution 2002 be deferred.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2167.

Senate File 2167

On motion of Senator Schuerer, Senate File 2167, a bill for an act
establishing a health insurance administration fund relating to the
payment of the administrative costs of state health insurance plans
and providing for its prospective repeal, was taken up for
consideration.

Senator Schuerer 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?" (S.F. 2167), the vote was:

Ayes, 45:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lord Maddox
McCoy McKibben McKinley Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, 1:
Lundby

 


Absent or not voting, 3:
McKean Miller Redfern

 


Vacant, 1.

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
Senate Files 2145 and 2167 be immediately messaged to the
House.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 3:55 p.m.
until 1:00 p.m. Monday, March 4, 2002.


APPENDIX

COMMITTEE CHANGE

Senator Iverson announced that, effective immediately, State
Senator Paul McKinley is appointed to fill the vacancy on the
Administrative Rules Review Committee created by the resignation
from the Senate by State Senator Merlin Bartz.

PRESENTATION OF VISITORS

The Chair welcomed the following visitors who were present in the
Senate gallery:

The Corning Ambassadors. Senator Angelo.

High school government students from West Hancock Senior High
School. Senator Gaskill.

REPORT OF COMMITTEE MEETING

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

Convened: February 28, 2002, 10:34 a.m.

Members Present: Tinsman, Chair; Rittmer, Vice Chair; Bolkcom, Ranking Member;
and Lord.

Members Absent: Dearden (excused).

Committee Business: Presentations by the Department of Public Health concerning
budget issues.

Adjourned: 11:55 a.m.

INTRODUCTION OF RESOLUTION

Senate Concurrent Resolution 116, by Hammond, Fiegen, and
Dvorsky, a concurrent resolution requesting the legislative council to
create, in consultation with the judicial branch and the governor, a
task force to study options for restructuring Iowa's state and local
governments.


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

INTRODUCTION OF BILL

Senate File 2307, by committee on Ways and Means, a bill for an
act establishing a separate fund in the state treasury for
contributions made by individuals who do not pay enough state taxes
and including an effective date.

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

STUDY BILL RECEIVED

SSB 3182 Appropriations

Relating to advocacy for children in out-of-home placements by
providing for the department of inspections and appeals to assume
responsibility for the functions of the state citizen foster care review
board and the court appointed special advocate program.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2284

WAYS AND MEANS: Miller, Chair; Drake and Harper

Senate File 2298

WAYS AND MEANS: Rehberg, Chair; Flynn and Miller

House File 2054
(Reassignment)

TRANSPORTATION: Houser, Chair; Kibbie and Sexton

House File 2365

LOCAL GOVERNMENT: Gaskill, Chair; McCoy and Zieman

SSB 3182

APPROPRIATIONS: Lundby, Chair; Deluhery, Freeman, King, and Shearer


COMMITTEE REPORT

WAYS AND MEANS

Final Bill Action: SENATE FILE 2307 (formerly SF 2171), a bill for an act
establishing a separate fund in the state treasury for contributions made by
individuals who do not pay enough state taxes and including an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: McKibben, McKinley, Drake, Greiner, Holveck, Lamberti,
Maddox, Miller, Redwine, and Rehberg. Nays, 3: Harper, Bolkcom, and Flynn. Absent
or not voting, 2: Connolly and Deluhery.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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 28th day of March,
2002:

Senate File 2304.

MICHAEL E. MARSHALL
Secretary of the Senate

AMENDMENTS FILED

S-5085 S.F. 2304 House
S-5086 S.F. 2286 Jeff Angelo
S-5087 S.F. 2286 Jeff Angelo
S-5088 S.F. 2118 John Redwine
S-5089 S.F. 2233 Mike Connolly
S-5090 S.F. 2298 Sheldon Rittmer
S-5091 S.F. 2277 Jeff Angelo
Robert E. Dvorsky
S-5092 S.F. 2146 Jack Holveck
Gene Maddox
S-5093 S.F. 2106 Neal Schuerer
S-5094 S.F. 2118 John Redwine

Previous Day: Wednesday, February 27Next Day: Monday, March 4
Senate Journal: Index House Journal: Index
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