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Senate Journal: Tuesday, March 12, 2002

JOURNAL OF THE SENATE

__________

FIFTY-EIGHTH CALENDAR DAY
THIRTY-FIFTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, March 12, 2002

The Senate met in regular session at 9:01 a.m., President
Pro Tempore McKean presiding.

Prayer was offered by the Reverend Peter E. Mueller, pastor of the
Harvest Community Church in Ankeny, Iowa. He was the guest of
Senator Lamberti.

The Journal of Monday, March 11, 2002, was approved.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:05 a.m.
until 3:15 p.m.


APPENDIX

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: March 12, 2002, 9:52 a.m.

Members Present: Schuerer, Chair; Zieman, Vice Chair; Flynn, Ranking Member;
and Drake.

Members Absent: Hansen (excused).

Committee Business: Discussed budget requests for the Racing and Gaming
Commission, Department of Personnel, and IPERS.

Adjourned: 11:35 a.m.

APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
RESOURCES

Convened: March 12, 2002, 10:00 a.m.

Members Present: Gaskill, Chair; Sexton, Vice Chair; Black, Ranking Member; Fink
and Greiner.

Members Absent: None.

Committee Business: Jeffrey Vonk, Director of DNR, discussed the department
budget.

Adjourned: 10:55 a.m.

APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

Convened: March 12, 2002, 9:53 a.m.

Members Present: Redfern, Chair; Rehberg, Vice Chair; Horn, Ranking Member;
Boettger and Kibbie.

Members Absent: None.

Committee Business: Reviewed Governor's revised budget recommendations.

Adjourned: 10:19 a.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

Convened: March 12, 2002, 10:00 a.m.


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

Members Absent: Bolkcom, Ranking Member; and Dearden (both excused).

Committee Business: Presentation by Department of Public Health on prescription
drug costs.

Adjourned: 11:37 a.m.

APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

Convened: March 12, 2002, 10:21 a.m.

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

Members Absent: Harper and Redwine (both excused).

Committee Business: Presentations concerning changes in technology and uses of
technology within the DHS. Discussion on Governor's proposed reorganization
components for the DHS, DIA, and DPH.

Adjourned: 11:48 a.m.

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: March 12, 2002, 9:55 a.m.

Members Present: Jensen, Chair.

Members Absent: Lamberti, Vice Chair; Soukup, Ranking Member; Connolly and
McKibben (all excused).

Committee Business: Budget discussions for State Fair infrastructure and
Department of Agriculture and Land Stewardship. Environment First fund
recommendations.

Adjourned: 11:11 a.m.

APPROPRIATIONS

Convened: March 12, 2002, 2:12 p.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
Angelo, Connolly, Fiegen, Gaskill, Hammond, Jensen, Lundby, McKibben, McKinley,
Schuerer, Soukup, Tinsman, and Zieman.

Members Absent: Black, Bolkcom, Deluhery, Dvorsky, Horn, King, Redfern,
Rehberg, and Veenstra (all excused).

Committee Business: Passed HF 2487.

Adjourned: 2:17 p.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: March 12, 2002, 1:03 p.m.

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

Members Absent: Black, Bolkcom, Deluhery, and McKean (all excused).

Committee Business: Passed HFs 2082 and 2417.

Adjourned: 1:19 p.m.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2137

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Shearer, Chair;
Behn and Greiner

Senate File 2243

APPROPRIATIONS: Lamberti, Chair; Flynn and Kramer

House File 2281

STATE GOVERNMENT: Maddox, Chair; Dearden and Sexton

House File 2482

EDUCATION: Redfern, Chair; Boettger and Connolly

House File 2494

JUDICIARY: Lamberti, Chair; Holveck and Miller

House File 2495

JUDICIARY: Maddox, Chair; Hansen and Tinsman

House File 2516

EDUCATION: Angelo, Chair; Connolly and McKinley

House File 2530

AGRICULTURE: Greiner, Chair; Black and Sexton

House File 2571

EDUCATION: Tinsman, Chair; Connolly and McKinley

AFTERNOON SESSION

The Senate reconvened at 3:48 p.m., President Kramer presiding.

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 12, 2002, passed the following bill in which the concurrence of the
House was asked:

Senate File 2212, a bill for an act relating to secured
transactions, by providing for landlord liens.

ALSO: That the House has on March 12, 2002, passed the following bills in which
the concurrence of the Senate is asked:

House File 2488, a bill for an act relating to the department of
elder affairs including provisions relating to the elder Iowans Act.

Read first time and referred to committee on Human Resources.

House File 2559, a bill for an act relating to child protection
confidentiality requirements involving the department of human
services.

Read first time and referred to committee on Human Resources.

The Senate stood at ease at 3:50 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 4:58 p.m., President Kramer
presiding.

QUORUM CALL

Senator Gaskill requested a nonrecord roll call to determine that a
quorum was present.

The vote revealed 36 present, 13 absent, and a quorum present.

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Black, Hammond, and Harper, until they return, on request of Senator
Gronstal; and Senator Schuerer, until he returns, on request of Senator Redwine.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2115.

Senate File 2115

On motion of Senator Veenstra, Senate File 2115, a bill for an act
relating to state financial assistance for schools placed on a special
accredited list of college preparatory schools, was taken up for
consideration.

Senator Veenstra 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. 2115), the vote was:

Ayes, 42:
Angelo Behn Boettger Bolkcom
Connolly Dearden Deluhery Drake
Dvorsky Fiegen Flynn Fraise
Freeman Gaskill Greiner Gronstal
Holveck Horn Houser Iverson
Jensen Kibbie King Kramer
Lamberti Lord Lundby Maddox
McCoy McKean McKibben McKinley
Miller Redfern Redwine Rehberg
Rittmer Sexton Shearer Tinsman
Veenstra Zieman

 


Nays, 2:
Fink Soukup

 




Absent or not voting, 5:
Black Hammond Hansen Harper
Schuerer

 


Vacant, 1.

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

Senator Boettger took the chair at 5:20 p.m.

HOUSE AMENDMENT CONSIDERED

Senate File 2141

Senator Angelo called up for consideration Senate File 2141, a
bill for an act authorizing sheriffs to appoint civil process servers,
amended by the House, and moved that the Senate concur in House
amendment S-5131, filed March 6, 2002.

A nonrecord roll call was requested.

The ayes were 26, nays 18.

The motion prevailed and the Senate concurred in the House
amendment.

Senator Angelo 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. 2141), the vote was:

Ayes, 46:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond 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, none.

Absent or not voting, 3:
Hansen Harper Lundby

 


Vacant, 1.

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

CONSIDERATION OF BILL
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2259.

Senate File 2259

On motion of Senator Connolly, Senate File 2259, 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, was taken
up for consideration.

Senator Connolly 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. 2259), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond 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, 2:
Hansen Harper

 


Vacant, 1.

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

CONSIDERATION OF BILL
(Regular Calendar)

Senator Angelo asked and received unanimous consent to take up
for consideration Senate File 2280.

Senate File 2280

On motion of Senator Veenstra, Senate File 2280, a bill for an act
relating to the requirements of the department of human services for
certain child welfare services providers, was taken up for
consideration.

Senator Veenstra offered amendment S-5145, filed by him from the
floor to page 1 of the bill, and moved its adoption.

Amendment S-5145 was adopted by a voice vote.

Senator Veenstra 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. 2280), the vote was:


Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond 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, 2:
Hansen Harper

 


Vacant, 1.

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

President Kramer took the chair at 5:39 p.m.

HOUSE AMENDMENT CONSIDERED
(Deferred March 11, 2002)

Senate File 437

The Senate resumed consideration of 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, and House
amendment S-5052, deferred March 11, 2002.

Senator Sexton asked and received unanimous consent to
withdraw amendment S-5142, filed by him on March 11, 2002, to
page 1 of House amendment S-5052.

Senator Freeman moved that the Senate concur in the House
amendment.

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

Senator Freeman 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. 437), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Deluhery
Drake Dvorsky Fiegen Fink
Flynn Fraise Freeman Gaskill
Greiner Gronstal Hammond 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, 2:
Hansen Harper

 


Vacant, 1.

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

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 437, 2115, 2141, 2259, and 2280 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 2200.


Senate File 2200

On motion of Senator Behn, Senate File 2200, 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, was taken up for
consideration.

Senator Fiegen offered amendment S-5147, filed by him from the
floor striking and replacing everything after the enacting clause and
to the title page of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5147 be adopted?"
(S.F. 2200), the vote was:

Ayes, 21:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Holveck Horn Kibbie Lamberti
Lundby McCoy Miller Shearer
Soukup

 


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

 


Absent or not voting, 2:
Hansen Harper

 


Vacant, 1.

Amendment S-5147 lost.


Senator Behn offered amendment S-5148, filed by him from the
floor to page 1 and to the title page of the bill, and moved its adoption.

Amendment S-5148 was adopted by a voice vote.

Senator Dearden offered amendment S-5149, filed by him from the
floor to page 2 of the bill, and moved its adoption.

A record roll call was requested.

On the question "Shall amendment S-5149 be adopted?"
(S.F. 2200), the vote was:

Ayes, 18:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Holveck Horn Kibbie McCoy
Shearer Soukup

 


Nays, 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

 


Absent or not voting, 2:
Hansen Harper

 


Vacant, 1.

Amendment S-5149 lost.

Senator Behn 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. 2200), the vote was:


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

 


Nays, 21:
Black Bolkcom Connolly Dearden
Deluhery Dvorsky Fiegen Fink
Flynn Fraise Gronstal Hammond
Holveck Horn Kibbie Lundby
McCoy Redfern Rittmer Shearer
Soukup

 


Absent or not voting, 2:
Hansen Harper

 


Vacant, 1.

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

LEAVE OF ABSENCE

Leave of absence was granted as follows:

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

UNFINISHED BUSINESS
(Deferred March 4, 2002)

Senate Joint Resolution 2003

The Senate resumed consideration of Senate Joint Resolution 2003,
a joint resolution requesting the proposal of an amendment to the
Constitution of the United States restricting the ability of the federal
judiciary to mandate any state or subdivision of any state to levy or
increase taxes, deferred March 4, 2002.


Senator Holveck offered amendment S-5102, filed by Senators
Holveck, Schuerer, and Hammond on March 4, 2002, to page 1 and to
the title page of the resolution, and moved its adoption.

A nonrecord roll call was requested.

The ayes were 20, nays 27.

Amendment S-5102 lost.

Senator Schuerer moved that the resolution be read the last time
now and placed upon its passage, which motion prevailed by a voice
vote, and the resolution was read the last time.

Senate Joint Resolution 2003, a joint resolution requesting the
proposal of an amendment to the Constitution of the United States
restricting the ability of the federal judiciary to mandate any state or
subdivision of any state to levy or increase taxes.
WHEREAS, in Missouri v. Jenkins, 495 U.S. 33 (1990), the
Supreme Court held that a federal court had the power to order an
increase in state and local taxes thereby violating a fundamental
tenet of the separation of powers: that members of the federal
judiciary, who serve for life and are answerable to no one, should not
have control over the power of the purse; and
WHEREAS, section 8 of Article I of the Constitution of the United
State vests with the legislative branch of government alone the
extraordinary power to "lay and collect taxes, duties, imposts, and
excises, to pay the debts and provide for the common defence and
general welfare of the United States"; and
WHEREAS, the courts' actions are an intrusion into a legitimate
legislative debate over state spending priorities and not a response to
a constitutional directive; and
WHEREAS, the Constitution of the United States does not allow
for, and the states do not need, judicial intervention requiring tax
levies or increases as solutions to potentially serious problems; and
WHEREAS, the time has come for the people of this great nation,
and their duly elected representatives in state government, to
reaffirm that the authority to tax under the Constitution of the
United States is retained by the people who, by their consent alone,
do delegate such power to tax explicitly to their duly elected
representatives in the legislative branch of government, such

representatives being directly responsible and accountable to those
who have elected them; and
WHEREAS, legislatures in the following states of Alabama,
Alaska, Arizona, Colorado, Delaware, Guam, Illinois, Kansas,
Louisiana, Mariana Islands, Massachusetts, Michigan, Missouri,
Nevada, New Hampshire, New York, North Dakota, Oklahoma,
Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, and
West Virginia have petitioned the United States Congress to propose
an amendment to the Constitution of the United States that reads as
follows: "Neither the Supreme Court nor any inferior court of the
United States shall have the power to instruct or order a state or
political subdivision thereof, or an official of such state or political
subdivision, to levy or increase taxes"; NOW THEREFORE,
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE
OF IOWA:
That the Congress of the United States is hereby petitioned to
propose and submit to the several states for ratification an
amendment to the Constitution of the United States to add anew
article providing as follows: "Neither the Supreme Court nor any
inferior court of the United States shall have the power to instruct or
order a state or a political subdivision thereof, or an official of such a
state or political subdivision, to levy or increase taxes"; and
BE IT FURTHER RESOLVED, That this application constitutes a
continuing application in accordance with Article V of the
Constitution of the United States; and
BE IT FURTHER RESOLVED, That the General Assembly of the
State of Iowa also proposes that the legislatures of each of the several
states comprising the United States that have not yet made a similar
request petition the United States Congress to propose such an
amendment to the Constitution of the United States; and
BE IT FURTHER RESOLVED, That, upon passage, the Secretary
of the Senate transmit copies of this Resolution to the President and
Vice President of the United States, the Speaker of the United States
House of Representatives, the presiding officer in each house of the
legislature in each of the states in the union, and each member of the
Iowa congressional delegation.

On the question "Shall the resolution be adopted?" (S.J.R. 2003),
the vote was:


Yeas, 27:

Angelo Behn Boettger Drake
Freeman Gaskill Greiner Houser
Iverson Jensen King Kramer
Lamberti Lord Lundby McKean
McKibben McKinley Miller Redwine
Rehberg Rittmer Schuerer Sexton
Tinsman Veenstra Zieman

Nays, 19:
Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Holveck Horn Kibbie Maddox McCoy Redfern Soukup

 


Absent or not voting, 3:
Hansen Harper Shearer

 


Vacant, 1.

The resolution, having received a constitutional majority, was
declared to have been adopted by the Senate and the title was agreed
to.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Joint Resolution 2003 and Senate File 2200 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 12, 2002, passed the following bills in which the concurrence of
the Senate is asked:

House File 2430, 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 and referred to committee on Local Government.

House File 2506, a bill for an act relating to the issuance of a no-
contact order against a defendant convicted of a sexual offense upon
the defendant's release from jail or prison.

Read first time and referred to committee on Judiciary.

House File 2507, a bill for an act creating a criminal offense for
possession or distribution of anthrax, and providing a penalty.

Read first time and referred to committee on Judiciary.

House File 2518, a bill for an act relating to child foster care and
adoption requirements involving licensing periods, foster parent
training, and annual reports.

Read first time and referred to committee on Human Resources.

House File 2553, a bill for an act relating to conducting searches
of persons on probation or parole and providing information to local
law enforcement agencies and the state department of transportation.

Read first time and referred to committee on Judiciary.

House File 2565, a bill for an act requiring contract disclosure
statements for certain residential real estate installment contracts,
providing for a penalty, and providing an applicability date.

Read first time and referred to committee on Judiciary.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 7:18 p.m.
until 9:00 a.m. Wednesday, March 13, 2002.


APPENDIX

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 12, 2002

DEPARTMENT OF NATURAL RESOURCES

Registry of Hazardous Waste Disposal Sites and Hazardous Waste Remedial Fund
Annual Report for 2001, pursuant to Iowa Code sections 455B.425 and 455B.427 -
notification that the report is available online or on CD-ROM.

REPORTS OF COMMITTEE MEETINGS

SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

Convened: March 12, 2002, 1:12 p.m.

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

Members Absent: Dvorsky (excused).

Committee Business: Discussion on HF 2378 (enterprise zones).

Adjourned: 1:20 p.m.

STATE GOVERNMENT

Convened: March 12, 2002, 2:35 p.m.

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

Members Absent: None.

Committee Business: Passed HFs 2109, 2281, 2377, 2409, 2472 (as amended), 2536,
and 2538.

Adjourned: 3:30 p.m.


STUDY BILL RECEIVED

SSB 3184 Appropriations

Relating to the tobacco master settlement agreement, including
tobacco product manufacturer compliance, making an appropriation,
and providing penalties.

SUBCOMMITTEE ASSIGNMENTS

Senate File 2312

WAYS AND MEANS: Rehberg, Chair; Bolkcom and Drake

House File 2488

HUMAN RESOURCES: Harper, Chair; Redwine and Tinsman

House File 2496

JUDICIARY: Maddox, Chair; Angelo and Fraise

House File 2534

HUMAN RESOURCES: Redwine, Chair; Dvorsky and Veenstra

House File 2559

HUMAN RESOURCES: Shearer, Chair; Boettger and Miller

SSB 3184

APPROPRIATIONS: Lamberti, Chair; Bolkcom and Zieman

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: HOUSE FILE 2487, a bill for an act relating to the designation of
specific children's hospitals as qualified hospitals under the medical assistance
disproportionate share hospital payment program.

Recommendation: DO PASS.

Final Vote: Ayes, 16: Lamberti, Kramer, Flynn, Angelo, Connolly, Fiegen, Gaskill,
Hammond, Jensen, Lundby, McKibben, McKinley, Schuerer, Soukup, Tinsman, and
Zieman. Nays, none. Absent or not voting, 9: Black, Bolkcom, Deluhery, Dvorsky,
Horn, King, Redfern, Rehberg, and Veenstra.


Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

NATURAL RESOURCES AND ENVIRONMENT

Final Bill Action: HOUSE FILE 2082, a bill for an act expanding the time periods
within which watercraft must be registered after a sale or transfer and within which
watercraft may be operated without an identification number.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Sexton, Freeman, Fink, Dearden, Drake, Houser, Kibbie, Lord,
Lundby, Miller, and Rittmer. Nays, none. Absent or not voting, 4: Black, Bolkcom,
Deluhery, and McKean.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2417, a bill for an act relating to statewide
standards, site-specific cleanup standards, and public participation in the Iowa land
recycling and environmental remediation standards Act.

Recommendation: DO PASS.

Final Vote: Ayes, 11: Sexton, Freeman, Fink, Dearden, Drake, Houser, Kibbie, Lord,
Lundby, Miller, and Rittmer. Nays, none. Absent or not voting, 4: Black, Bolkcom,
Deluhery, and McKean.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

STATE GOVERNMENT

Final Bill Action: 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.

Recommendation: DO PASS.

Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2281, a bill for an act requiring the licensure of
landscape architects.

Recommendation: DO PASS.


Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2377, a bill for an act relating to the level of full-
time equivalent positions authorized for executive branch agencies.

Recommendation: DO PASS.

Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2409, a bill for an act relating to election misconduct
and providing criminal penalties.

Recommendation: DO PASS.

Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2472, a bill for an act relating to the office of
secretary of state and the conduct of elections and of voter registration in the state and
including effective and applicability date provisions.

Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5150.

Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2536, a bill for an act relating to advertisements for
requests for bids and proposals by state government.

Recommendation: DO PASS.

Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 2538, a bill for an act relating to campaign finance,
including a reporting threshold for filing organizational committee statements,
providing for the filing of reports with the Iowa ethics and campaign disclosure board,
providing a document retention period, and relating to certain signature requirements,
and providing effective dates.

Recommendation: DO PASS.

Final Vote: Ayes, 15: King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden, Deluhery,
Drake, Fink, Jensen, Maddox, McKean, Rittmer, Schuerer, and Sexton. Nays, none.
Absent or not voting, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

EXPLANATION OF VOTE

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 12, 2002, when the vote was taken on Senate File 2115. Had I been present, I
would have voted "Aye."

NEAL SCHUERER

PETITION

The following petition was presented and placed on file:

From 2,759 residents of Adair and Madison counties opposing a
hog farrowing confinement facility in Harrison Township, Adair
County. Senator Lord.

AMENDMENTS FILED

S-5143 H.F. 2467 John Redwine
S-5144 S.F. 2310 Mike Sexton
S-5145 S.F. 2280 Ken Veenstra
S-5146 S.F. 2229 Ken Veenstra
S-5147 S.F. 2200 Thomas Fiegen


S-5148 S.F. 2200 Jerry Behn
S-5149 S.F. 2200 Dick L. Dearden
S-5150 H.F. 2472 State Government
S-5151 S.F. 2306 Kitty Rehberg

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