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Senate Journal: Monday, March 11, 2002

JOURNAL OF THE SENATE

__________

FIFTY-SEVENTH CALENDAR DAY
THIRTY-FOURTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, March 11, 2002

The Senate met in regular session at 1:10 p.m., President Kramer
presiding.

Prayer was offered by the Honorable Ken Veenstra, member of the
Senate from Sioux County, Orange City, Iowa.

THE PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Pages Alissa Darrow
and Jessi Fisher.

A moment of silence was observed by the Senate in remembrance
of the six-month anniversary of the terrorist attacks on the United
States on September 11, 2001.

The Journal of Thursday, March 7, 2002, was approved.

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. 2137 Small Business, Economic Development, and Tourism
S.F. 2243 Appropriations
S.F. 2251 Commerce
S.F. 2274 Commerce

RECESS

On motion of Senator Iverson, the Senate recessed at 1:16 p.m.
until 5:30 p.m.

APPENDIX

SPECIAL PRESENTATION

Women legislators dressed in period clothing performed a
rendition of "Bread and Roses" in celebration of March Women Back
into History Month. Representative Pam Jochum of Dubuque County
presented information regarding the campaign to elect women.

COMMUNICATION RECEIVED

The following communication was received in the office of the
Secretary of the Senate and placed on file in the Legislative Service
Bureau:

March 11, 2002

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

Semi-Annual Report of the Office of Renewable Fuels and Co-Products for FY 2002.

CERTIFICATES OF RECOGNITION

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

Elma Irene Dodder, Council Bluffs - For being nominated for the Teacher of the
Year Award. Senator Gronstal (03/11/02).

Bob and Kay Herrmann, Eagle Grove - For celebrating your 50th wedding
anniversary on March 13. Senator Iverson (03/11/02).

Morgan Nelson, Colo-Nesco High School - For being named to the Class 2A Girls
Basketball All-State Tournament Team. Senator Iverson (03/11/02).

Rock Valley Rockets high school coaches and players, Rock Valley - For winning the
Class 1A Girls State Basketball Championship. Senator Veenstra (03/11/02).

Roxanne Soesbe, Clarion - For being named an Iowa Girls State Wrestling Meet
Champion. Senator Iverson (03/11/02).

Leslie Southard, Council Bluffs - For receiving runner-up for the prestigious Arts
Advocate Award. Senator Gronstal (03/11/02).


Robert and Shirley Swieter, Clarion - For celebrating your 50th wedding
anniversary. Senator Iverson (03/11/02).

Harry Wenig, Belmond - For celebrating your 100th birthday. Senator Iverson
(03/11/02).

REPORTS OF COMMITTEE MEETINGS

BUSINESS AND LABOR RELATIONS

Convened: March 11, 2002, 1:37 p.m.

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

Members Absent: Lundby and Schuerer (both excused).

Committee Business: Passed HF 2344.

Adjourned: 1:43 p.m.

JUDICIARY

Convened: March 11, 2002, 2:40 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: Passed HFs 2153 and 2230.

Adjourned: 2:55 p.m.

TRANSPORTATION

Convened: March 11, 2002, 3:35 p.m.

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

Members Absent: Fink (excused).

Committee Business: Passed HF 2317.

Adjourned: 3:38 p.m.


SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 114

RULES AND ADMINISTRATION: Kramer, Chair; Boettger and Dvorsky

House File 2109
(Reassignment)

STATE GOVERNMENT: Jensen, Chair; Kibbie and King

House File 2378

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

House File 2409

STATE GOVERNMENT: McKean, Chair; Fink and King

House File 2417

NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Bolkcom and
Freeman

House File 2486

STATE GOVERNMENT: King, Chair; Dearden and Lamberti

House File 2487

APPROPRIATIONS: Kramer, Chair; Hammond and Lundby

House File 2497

COMMERCE: Jensen, Chair; Deluhery and Redwine

House File 2536

STATE GOVERNMENT: Deluhery, Chair; King and Rittmer

House File 2554

NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Bolkcom and
Lundby

House File 2558

JUDICIARY: Lamberti, Chair; Hammond and Miller


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 11th day
of March, 2002:

Senate Files 2084 and 2207.

MICHAEL E. MARSHALL
Secretary of the Senate


EVENING SESSION

The Senate reconvened at 5:37 p.m., Senator Boettger presiding.

The Senate stood at ease at 5:38 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 6:37 p.m., President Kramer
presiding.

UNFINISHED BUSINESS
(Deferred March 4, 2002)

Senate File 2212

The Senate resumed consideration of Senate File 2212, a bill for
an act relating to secured transactions, by providing for landlord
liens, deferred March 4, 2002.

Senator Fiegen offered amendment S-5132, filed by him on
March 7, 2002, striking and replacing everything after the enacting
clause of the bill.

Senator Fiegen asked and received unanimous consent to
withdraw amendment S-5132.

Senator Fiegen offered amendment S-5134, filed by him on
March 7, 2002, striking and replacing everything after the enacting
clause of the bill, and moved its adoption.

A nonrecord roll call was requested.

The ayes were 21, nays 26.

Amendment S-5134 lost.

Senator Freeman 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. 2212), the vote was:

Ayes, 49:
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 McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, none.

Vacant, 1.

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

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 2205 and 2301.

Senate File 2205

On motion of Senator Tinsman, Senate File 2205, 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, was taken up for consideration.

Senator Tinsman offered amendment S-5120, filed by Senators
Tinsman, Boettger, and Rehberg on March 6, 2002, to pages 2, 3, 5,
and 6 of the bill, and moved its adoption.

Amendment S-5120 was adopted by a voice vote.


Senator Tinsman offered amendment S-5100, filed by her on
March 4, 2002, to page 5 of the bill, and moved its adoption.

Amendment S-5100 was adopted by a voice vote.

Senator Tinsman 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. 2205), the vote was:

Ayes, 43:
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 Kramer Lamberti
Lundby Maddox McCoy McKean
McKibben McKinley Miller Redfern
Redwine Rehberg Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, 6:
Angelo King Lord Rittmer
Schuerer Sexton

 


Absent or not voting, none.

Vacant, 1.

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Fink, until he returns, on request of Senator Gronstal.


Senate File 2301

On motion of Senator Lamberti, Senate File 2301, a bill for an act
relating to representation of indigent persons and the duties of the
state public defender, was taken up for consideration.

Senator Lamberti offered amendment S-5106, filed by him on
March 5, 2002, to pages 2 and 3 of the bill, and moved its adoption.

Amendment S-5106 was adopted by a voice vote.

Senator Lamberti 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. 2301), the vote was:

Ayes, 48:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Gronstal Hammond Hansen Harper
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 1:
Fink

 


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 2205, 2212, and 2301 be immediately messaged to
the House.

CONSIDERATION OF BILL
(Ways and Means Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2305.

Senate File 2305

On motion of Senator Harper, Senate File 2305, a bill for an act
relating to the administration of the tax and related laws by the
department of revenue and finance, including administration of state
individual income, corporate income, sales and use, property, motor
fuel, and special fuel, was taken up for consideration.

Senator Boettger took the chair at 7:25 p.m.

Senator Harper 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. 2305), the vote was:

Ayes, 49:
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 McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 




Nays, none.

Absent or not voting, none.

Vacant, 1.

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

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 2152 and 2095.

Senate File 2152

On motion of Senator Redwine, Senate File 2152, a bill for an act
expanding the operation recognition program, which awards honorary
high school diplomas to World War II veterans, to include veterans of
World War I and the Korean and Vietnam conflicts, was taken up for
consideration.

Senator Redwine 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. 2152), the vote was:

Ayes, 49:
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 McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 




Nays, none.

Absent or not voting, none.

Vacant, 1.

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

Senate File 2095

On motion of Senator Redfern, Senate File 2095, a bill for an act
relating to a nonresident registering as a sex offender in a county
where an institution of higher education is located, was taken up for
consideration.

Senator Redfern offered amendment S-5137, filed by him from the
floor to page 1 and to the title page of the bill, and moved its adoption.

Amendment S-5137 was adopted by a voice vote.

Senator Redfern asked and received unanimous consent that
House File 2338 be substituted for Senate File 2095.

House File 2338

On motion of Senator Redfern, 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,
was taken up for consideration.

Senator Redfern 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. 2338), the vote was:

Ayes, 49:
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 McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, none.

Vacant, 1.

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

WITHDRAWN

Senator Redfern asked and received unanimous consent that
Senate File 2095 be withdrawn from further consideration of the
Senate.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Files 2178 and 2299.

Senate File 2178

On motion of Senator Schuerer, Senate File 2178, a bill for an act
allowing persons under eighteen years of age to work in certain
occupations involving the use of chemicals, 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. 2178), the vote was:


Ayes, 29:
Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Lundby Maddox
McKean McKibben McKinley Miller
Redfern 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, none.

Vacant, 1.

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

Senate File 2299

On motion of Senator Drake, Senate File 2299, a bill for an act
relating to the review by the ethics and campaign disclosure board of
county supervisor redistricting plans, was taken up for consideration.

Senator Drake 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. 2299), the vote was:

Ayes, 49:
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 McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, none.

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 2152, 2178, 2299, and 2305 and House File 2338 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 2189.

Senate File 2189

On motion of Senator McKinley, Senate File 2189, a bill for an
act providing for the establishment and perfection of a security
interest in certain education loans, was taken up for consideration.

Senator McKinley asked and received unanimous consent that
House File 2475 be substituted for Senate File 2189.

House File 2475

On motion of Senator McKinley, House File 2475, a bill for an act
providing for the establishment and perfection of a security interest
in certain education loans, was taken up for consideration.


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. 2475), the vote was:

Ayes, 48:
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 McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, 1:
Lundby

 


Absent or not voting, none.

Vacant, 1.

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 2189 be withdrawn from further consideration of the
Senate.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2282.


Senate File 2282

On motion of Senator Rehberg, Senate File 2282, a bill for an act
relating to a study of the efficiency and effectiveness of economic-
development-related, workforce-development-related, and business-
inspection-related programs administered by the state, was taken up
for consideration.

Senator Rehberg offered amendment S-5138, filed by her from the
floor to pages 1 and 2 of the bill, and moved its adoption.

Amendment S-5138 was adopted by a voice vote.

Senator Rehberg 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. 2282), the vote was:

Ayes, 38:
Angelo Behn Black Boettger
Drake Dvorsky Fiegen Flynn
Fraise Freeman Gaskill Greiner
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McKean McKibben McKinley Miller
Redfern Redwine Rehberg Rittmer
Schuerer Sexton Shearer Tinsman
Veenstra Zieman

 


Nays, 11:
Bolkcom Connolly Dearden Deluhery
Fink Gronstal Hammond Hansen
Harper McCoy Soukup

 


Absent or not voting, none.

Vacant, 1.

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


HOUSE AMENDMENT CONSIDERED

Senate File 437

Senator Freeman called up for consideration 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,
amended by the House in House amendment S-5052, filed
February 20, 2002.

Senator Sexton asked and received unanimous consent that action
on House amendment S-5052 and Senate File 437 be deferred.

President Kramer took the chair at 8:35 p.m.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator McKean asked and received unanimous consent to take up
for consideration Senate Resolution 106.

Senate Resolution 106

On motion of Senator Drake, Senate Resolution 106, a Senate
resolution to amend the Senate Code of Ethics, was taken up for
consideration.

Senator Iverson asked and received unanimous consent that action
on Senate Resolution 106 be deferred.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2268.

Senate File 2268

On motion of Senator Redfern, Senate File 2268, a bill for an act
relating to animals other than livestock, including the taking of such
animals, providing for their disposition, and providing for the

reimbursement of dispositional expenses, was taken up for
consideration.

Senator Redfern offered amendment S-5135, filed by him on March
7, 2002, to page 1 of the bill, and moved its adoption.

Amendment S-5135 was adopted by a voice vote.

Senator Boettger took the chair at 9:32 p.m.

Senator Redfern 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. 2268), the vote was:

Ayes, 49:
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 McKean McKibben
McKinley Miller Redfern Redwine
Rehberg Rittmer Schuerer Sexton
Shearer Soukup Tinsman Veenstra
Zieman

 


Nays, none.

Absent or not voting, none.

Vacant, 1.

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


UNFINISHED BUSINESS
(Deferred March 6, 2002)

Senate File 2267

The Senate resumed consideration of Senate File 2267, a bill for
an act relating to reorganizing judicial districts and judicial election
districts, and amendment S-5116, deferred March 6, 2002.

Senator Maddox withdrew amendment S-5116.

With the withdrawal of amendment S-5116, the Chair ruled the
following amendments out of order:

S-5126, filed by Senator McKean, et al., on March 6, 2002, to
page 1 of amendment S-5116; and
S-5130, filed by Senator Dvorsky on March 6, 2002, to page 1 of
amendment S-5116.

Senator Maddox offered amendment S-5141, filed by him from the
floor to page 1 of the bill, and moved its adoption.

Amendment S-5141 was adopted by a voice vote.

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?" (S.F. 2267), the vote was:

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

 



Nays, 1:
Fiegen

 


Absent or not voting, 1:
Houser

 


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 2267, 2268, and 2282 and House File 2475 be
immediately messaged to the House.

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 March 11, 2002, amended and passed the following bills in which the
concurrence of the House was asked:

Senate File 374, a bill for an act relating to the qualifications and
authorization of therapeutically certified optometrists engaged in the
practice of optometry. (S-5140)

Senate File 2146, a bill for an act establishing a criminal offense
for an act of terrorism, changing related criminal penalties, and
providing a penalty. (S-5139)

ALSO: That the House has on March 11, 2002, passed the following bills in which
the concurrence of the Senate is asked:

House File 2281, a bill for an act requiring the licensure of
landscape architects.

Read first time and referred to committee on State Government.


House File 2482, a bill for an act expanding the board of
educational examiners' authority with regard to licensee disciplinary
investigations and proceedings.

Read first time and referred to committee on Education.

House File 2494, a bill for an act authorizing the district court to
enter judgment based upon the parties' stipulated agreement in civil
actions.

Read first time and referred to committee on Judiciary.

House File 2495, a bill for an act providing for the issuance of no-
contact orders against persons who are arrested for the crime of
sexual abuse.

Read first time and referred to committee on Judiciary.

House File 2496, a bill for an act prohibiting false compartments
in vehicles for the purpose of intentionally concealing or transporting
controlled substances and providing for penalties.

Read first time and referred to committee on Judiciary.

House File 2516, a bill for an act relating to the display of a
United States flag in each classroom during school hours and the
daily observance of a minute of silence in a school district, and
providing an effective date.

Read first time and referred to committee on Education.

House File 2530, a bill for an act providing for the control of
pseudorabies, and making penalties applicable.

Read first time and referred to committee on Agriculture.

House File 2534, a bill for an act relating to the rendering of
disaster and emergency care.

Read first time and referred to committee on Human Resources.


ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 9:52 p.m.
until 9:00 a.m. Tuesday, March 12, 2002.

APPENDIX

REPORTS OF COMMITTEE MEETINGS

EDUCATION

Convened: March 11, 2002, 1:35 p.m.

Members Present: Boettger, Chair; Rehberg, Vice Chair; Harper, McKinley,
Redwine, Shearer, Soukup, Tinsman, and Veenstra.

Members Absent: Connolly, Ranking Member; Angelo, Dvorsky, Fink, Kramer, and
Redfern (all excused).

Committee Business: Passed HFs 2454 and 2467.

Adjourned: 1:55 p.m.

HUMAN RESOURCES

Convened: March 11, 2002, 3:39 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 HF 2264.

Adjourned: 5:28 p.m.

COMMITTEE REPORTS

BUSINESS AND LABOR RELATIONS

Final Bill Action: HOUSE FILE 2344, a bill for an act relating to the retention of
unemployment benefits contested case hearing records.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Freeman, Greiner, Dearden, Behn, Fraise, Hammond, Horn,
King, and McKibben. Nays, none. Absent or not voting, 2: Lundby and Schuerer.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

EDUCATION

Final Bill Action: HOUSE FILE 2454, a bill for an act encouraging school districts to
establish character education programs, and directing the department of education to
partner with local educational institutions and agencies and nonprofit organizations in
the design and implementation of character education programs.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Boettger, Rehberg, Harper, McKinley, Redwine, Shearer,
Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, 6: Connolly,
Angelo, Dvorsky, Fink, Kramer, and Redfern.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2467, a bill for an act providing for licensure
sanctions against defaulters of designated loan and scholarship programs.

Recommendation: DO PASS.

Final Vote: Ayes, 9: Boettger, Rehberg, Harper, McKinley, Redwine, Shearer,
Soukup, Tinsman, and Veenstra. Nays, none. Absent or not voting, 6: Connolly,
Angelo, Dvorsky, Fink, Kramer, and Redfern.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

HUMAN RESOURCES

Final Bill Action: HOUSE FILE 2264, a bill for an act relating to informed consent
to an abortion and providing a criminal penalty, and providing an effective date.

Recommendation: DO PASS.

Final Vote: Ayes, 7: Redwine, Behn, Boettger, McKibben, Miller, Schuerer, and
Veenstra. Nays, 5: Tinsman, Hammond, Harper, Holveck, and Shearer. Absent or not
voting, 1: Dvorsky.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

JUDICIARY

Final Bill Action: HOUSE FILE 2153, a bill for an act relating to presentation of
victim impact statements at criminal sentencing hearings.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Maddox, Redfern, Holveck, Boettger, Fiegen, Fraise,
Hammond, Horn, King, Miller, and Tinsman. Nays, none. Absent or not voting, 4:
Angelo, Hansen, Lamberti, and McKean.


Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2230, a bill for an act relating to sentences of
incarceration for third or subsequent operating-while-intoxicated motor vehicle
offenses.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Maddox, Redfern, Holveck, Boettger, Fiegen, Fraise,
Hammond, Horn, Miller, and Tinsman. Nays, none. Absent or not voting, 5: Angelo,
Hansen, King, Lamberti, and McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

TRANSPORTATION

Final Bill Action: HOUSE FILE 2317, a bill for an act relating to restrictions on
advertising devices placed along interstate highways and providing a delayed effective
date.

Recommendation: DO PASS.

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

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing
amendment S-5135 to Senate File 2268, the following correction was made:

1. Page 1, line 26, the word "section," was changed to the word "section".

MICHAEL E. MARSHALL
Secretary of the Senate

AMENDMENTS FILED

S-5137 S.F. 2095 Donald B. Redfern
S-5138 S.F. 2282 Kitty Rehberg
S-5139 S.F. 2146 House
S-5140 S.F. 374 House
S-5141 S.F. 2267 Gene Maddox
S-5142 S.F. 437 Mike Sexton

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