Senate Journal: Thursday, March 14, 2002
JOURNAL OF THE SENATE
__________
SIXTIETH CALENDAR DAY
THIRTY-SEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 14, 2002
The Senate met in regular session at 9:10 a.m., President Kramer
presiding.
Prayer was offered by Father Dan Guenther, pastor of the Holy
Family Parish in Emmetsburg, Iowa. He was the guest of Senator
Kibbie.
The Journal of Wednesday, March 13, 2002, was approved.
SPECIAL GUESTS
Senator Kibbie introduced the Honorable Dan Neville and his wife
Goretti from Kiltannan, Croagh, Co. Limerick. Mr. Neville is a new
Dail Deputy. As a Senator, Labour Panel, he served as Deputy
Leader of Fine Gael in the Seanad and was a spokesperson on Justice
and Law Reform. He has been a Fine Gael spokesperson on Children
since 1977. His memberships include: Limerick County Council since
1985, Mid-Western Health Board since 1991, Association of Health
Boards and the General Council of County Councils since 1991.
Mr. Neville addressed the Senate briefly, offering a St. Patrick's
Day greeting. He expressed condolences from the Irish Parliament to
the people of Iowa regarding the September 11, 2001, tragedy and
shared with the chamber the gains Ireland had made in the process
toward peace. He thanked the American government for its part in
that process.
Senators Boettger and Black presented Mr. Neville a gift on behalf
of the International Relations Committee. Senator Kibbie presented
Mr. Neville a gift on behalf of the Iowa Senate.
The Senate rose and expressed its welcome.
SPECIAL GUESTS
Senator Kibbie introduced Miss Shamrock 2002 Beth Thompson.
Miss Thompson, a senior at Emmetsburg High School, was
accompanied by her aunts, Jane Soenen and Ruth Malm. Senator
Kibbie also welcomed the Irish Dancers to the Senate chamber, who
had performed previously in the House chamber.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 13, 2002, passed the following bill in which the concurrence of the
Senate is asked:
House File 2515, a bill for an act relating to the duties and
operation of the department of education and providing effective and
applicability dates.
Read first time and referred to committee on Education.
BILLS PLACED ON THE UNFINISHED BUSINESS CALENDAR
Senator Iverson asked and received unanimous consent that the
following bills be placed on the Unfinished Business Calendar:
S.F. 2049
S.F. 2168
S.F. 2229
S.F. 2250
S.F. 2265
S.F. 2285
S.F. 2293
S.F. 2307
S.F. 2308
BILL REFERRED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate File 2289 be referred from the Regular Calendar to the
committee on Ways and Means.
The Senate stood at ease at 9:33 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 11:05 a.m., Senator Angelo
presiding.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 2292.
Senate File 2292
On motion of Senator Jensen, Senate File 2292, a bill for an act
relating to the provision of construction management services on
public works projects, with report of committee without
recommendation, was taken up for consideration.
Senator Jensen asked and received unanimous consent to
withdraw amendment S-5118, filed by Senators Jensen and Gronstal
on March 6, 2002, striking and replacing everything after the
enacting clause of the bill.
Senator King offered amendment S-5163, filed by Senators King,
Flynn, and Jensen from the floor striking and replacing everything
after the enacting clause of the bill.
The Senate stood at ease at 12:01 p.m. until the fall of the gavel for
the purpose of a Democratic caucus.
The Senate resumed session at 12:30 p.m., Senator Angelo
presiding.
Senator Iverson asked and received unanimous consent that action
on amendment S-5163 and Senate File 2292 be deferred.
BILL REASSIGNED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
House File 2416 be reassigned from the committee on Human
Resources to the committee on Local Government.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 12:34 p.m.
until 1:00 p.m. Monday, March 18, 2002.
APPENDIX
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Aaron Schonhoff, Letts - For achieving the rank of Eagle Scout, Boy Scout Troop 54.
Senator Drake (03/14/02).
Sam Stelzner, Columbus Junction - For achieving the rank of Eagle Scout, Boy
Scout Troop 54. Senator Drake (03/14/02).
PETITION
The following petition was presented and placed on file:
From 3,986 residents of Washington County and surrounding
counties favoring legislation to change Iowa's bottle deposit law and
establish curbside recycling of aluminum. Senator Shearer.
BILL ASSIGNED TO COMMITTEE
President Kramer announced that House File 2541 was assigned
to the committee on Judiciary.
REPORTS OF COMMITTEE MEETINGS
EDUCATION
Convened: March 14, 2002, 2:18 p.m.
Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
Member; Angelo, Dvorsky, Fink, Harper, McKinley, Redwine, Shearer, Soukup,
Tinsman, and Veenstra.
Members Absent: Kramer and Redfern (both excused).
Committee Business: Passed HFs 2515, 2517, and 2549.
Adjourned: 3:27 p.m.
JUDICIARY
Convened: March 14, 2002, 12:40 p.m.
Members Present: Maddox, Chair; Holveck, Ranking Member; Angelo, Boettger,
Fiegen, Fraise, Hammond, Hansen, Horn, King, Miller, and Tinsman.
Members Absent: Redfern, Vice Chair; Lamberti, and McKean (all excused).
Committee Business: Passed HFs 2507 (as amended), 2539 (as amended), 2546,
2563, and 2565.
Adjourned: 2:50 p.m.
LOCAL GOVERNMENT
Convened: March 14, 2002, 3:08 p.m.
Members Present: Miller, Chair; Angelo, Vice Chair; Black, Fraise, Gaskill, Horn,
Houser, McKibben, Tinsman, and Zieman.
Members Absent: Hansen, Ranking Member; Lord, and McCoy (all excused).
Committee Business: Passed HFs 2009, 2416, 2430 (as amended), 2448, and 2459
(as amended).
Adjourned: 3:45 p.m.
NATURAL RESOURCES AND ENVIRONMENT
Convened: March 14, 2002, 1:08 p.m.
Members Present: Sexton, Chair; Freeman, Vice Chair; Fink, Ranking Member;
Black, Bolkcom, Houser, Kibbie, Lord, Lundby, and Rittmer.
Members Absent: Dearden, Deluhery, Drake, McKean, and Miller (all excused).
Committee Business: Passed HF 2554 (as amended).
Adjourned: 1:13 p.m.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Convened: March 14, 2002, 1:20 p.m.
Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member;
Behn, Dvorsky, Fiegen, Flynn, Gaskill, Greiner, Holveck, McKinley, and Veenstra.
Members Absent: Lamberti (excused).
Committee Business: Passed HFs 2202 and 2378.
Adjourned: 2:12 p.m.
STATE GOVERNMENT
Convened: March 14, 2002, 3:35 p.m.
Members Present: King, Chair; Kibbie, Ranking Member; Bolkcom, Connolly,
Dearden, Drake, Fink, Jensen, Maddox, Rittmer, Schuerer, and Sexton.
Members Absent: Lamberti, Vice Chair; Deluhery, and McKean (all excused).
Committee Business: Passed HFs 2248, 2418, 2486, and 2532 (as amended).
Adjourned: 4:00 p.m.
SUBCOMMITTEE ASSIGNMENTS
Senate File 2289
WAYS AND MEANS: Rehberg, Chair; Harper and McKinley
Senate File 2314
HUMAN RESOURCES: Redwine, Chair; Hammond and Tinsman
House File 2202
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Zieman, Chair;
Fiegen and McKinley
House File 2416
LOCAL GOVERNMENT: Houser, Chair; Fraise and Lord
House File 2515
EDUCATION: Rehberg, Chair; Boettger and Connolly
House File 2539
JUDICIARY: Miller, Chair; Hansen and Tinsman
House File 2574
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Lamberti,
Chair; Flynn and Veenstra
House File 2578
HUMAN RESOURCES: Redwine, Chair; Hammond and Tinsman
House File 2584
WAYS AND MEANS: McKinley, Chair; Flynn and Maddox
COMMITTEE REPORTS
EDUCATION
Final Bill Action: HOUSE FILE 2515, a bill for an act relating to the duties and
operation of the department of education and providing effective and applicability
dates.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5170.
Final Vote: Ayes, 12: Boettger, Rehberg, Connolly, Angelo, Fink, Harper, McKinley,
Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, 1: Dvorsky. Absent or not
voting, 2: Kramer and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2517, a bill for an act relating to the operations of
and programs for school districts, accredited nonpublic schools, and community
colleges.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5171.
Final Vote: Ayes, 13: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none. Absent or
not voting, 2: Kramer and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2549, a bill for an act relating to students and
school district employees by amending the student achievement and teacher quality
program and language pertaining to retirement incentives and providing an effective
date.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink, Harper,
McKinley, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Nays, none. Absent or
not voting, 2: Kramer and Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
JUDICIARY
Final Bill Action: HOUSE FILE 2507, a bill for an act creating a criminal offense for
possession or distribution of anthrax, and providing a penalty.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5169.
Final Vote: Ayes, 12: Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise, Hammond,
Hansen, Horn, King, Miller, and Tinsman. Nays, none. Absent or not voting, 3:
Redfern, Lamberti, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2539, a bill for an act relating to trusts and estates
and their relationship to medical assistance benefits, the right to disclaim on behalf of
a ward, the creation of total return unitrusts, and providing an effective date.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5168.
Final Vote: Ayes, 12: Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise, Hammond,
Hansen, Horn, King, Miller, and Tinsman. Nays, none. Absent or not voting, 3:
Redfern, Lamberti, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2546, a bill for an act classifying the criminal
offense of assault as a general intent crime.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise, Hammond,
Hansen, Horn, King, Miller, and Tinsman. Nays, none. Absent or not voting, 3:
Redfern, Lamberti, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2563, a bill for an act relating to legal
representation of an indigent person in a parole proceeding.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Maddox, Holveck, Angelo, Boettger, Fraise, Hammond,
Hansen, Horn, King, Miller, and Tinsman. Nays, 1: Fiegen. Absent or not voting, 3:
Redfern, Lamberti, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise, Hansen,
Horn, King, Miller, and Tinsman. Nays, none. Absent or not voting, 4: Redfern,
Hammond, Lamberti, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
LOCAL GOVERNMENT
Final Bill Action: HOUSE FILE 2009, a bill for an act allowing an assessor to be a
candidate for elective public office and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Miller, Angelo, Black, Fraise, Gaskill, Horn, Houser, McKibben,
Tinsman, and Zieman. Nays, none. Absent or not voting, 3: Hansen, Lord, and
McCoy.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2416, a bill for an act relating to mental health and
developmental disability services requirements.
Recommendation: DO PASS.
Final Vote: Ayes, 7: Miller, Black, Gaskill, Horn, Houser, McKibben, and Zieman.
Nays, none. Present, 1: Fraise. Absent or not voting, 5: Angelo, Hansen, Lord,
McCoy, and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2448, a bill for an act relating to diverting township
taxes to a municipality providing emergency services to the township.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Miller, Black, Fraise, Gaskill, Horn, Houser, McKibben, and
Zieman. Nays, none. Absent or not voting, 5: Angelo, Hansen, Lord, McCoy, and
Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES AND ENVIRONMENT
Final Bill Action: HOUSE FILE 2554, a bill for an act relating to the use of moneys
appropriated to the department of natural resources for purposes of tire-related
initiatives, disposal fees charged by retail tire dealers, and the registration of waste
tire haulers and providing an effective date.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-5167.
Final Vote: Ayes, 10: Sexton, Freeman, Fink, Black, Bolkcom, Houser, Kibbie, Lord,
Lundby, and Rittmer. Nays, none. Absent or not voting, 5: Dearden, Deluhery, Drake,
McKean, and Miller.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM
Final Bill Action: HOUSE FILE 2202, a bill for an act establishing an economic
development council.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Rehberg, Zieman, Shearer, Behn, Dvorsky, Fiegen, Flynn,
Gaskill, Greiner, Holveck, McKinley, and Veenstra. Nays, none. Absent or not voting, 1:
Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2378, a bill for an act relating to the enterprise zone
program and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Rehberg, Zieman, Shearer, Behn, Dvorsky, Fiegen, Flynn,
Gaskill, Greiner, McKinley, and Veenstra. Nays, 1: Holveck. Absent or not voting, 1:
Lamberti.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: HOUSE FILE 2248, a bill for an act relating to the designation of a
Bill of Rights Day.
Recommendation: DO PASS.
Final Vote: Ayes, 12: King, Kibbie, Bolkcom, Connolly, Dearden, Drake, Fink,
Jensen, Maddox, Rittmer, Schuerer, and Sexton. Nays, none. Absent or not voting, 3:
Lamberti, Deluhery, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2418, a bill for an act relating to the applicability of
the thermal efficiency energy conservation standards in the state building code.
Recommendation: DO PASS.
Final Vote: Ayes, 12: King, Kibbie, Bolkcom, Connolly, Dearden, Drake, Fink,
Jensen, Maddox, Rittmer, Schuerer, and Sexton. Nays, none. Absent or not voting, 3:
Lamberti, Deluhery, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 2486, a bill for an act relating to redistricting, the
process of congressional and legislative redistricting, and review by the ethics and
campaign disclosure board of county supervisor redistricting plans, and providing an
effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 12: King, Kibbie, Bolkcom, Connolly, Dearden, Drake, Fink,
Jensen, Maddox, Rittmer, Schuerer, and Sexton. Nays, none. Absent or not voting, 3:
Lamberti, Deluhery, and McKean.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONFERENCE COMMITTEE REPORT RECEIVED
(Senate File 466)
A conference committee report, signed by the following Senate and
House members, was filed March 14, 2002, on Senate File 466, a bill
for an act relating to child care and protection public policy provisions
involving children:
On the part of the Senate: On the part of the House:
DAVID MILLER, Chair ROGER BROERS, Chair
JOHNIE HAMMOND DANIEL BODDICKER
STEVE KING MIKE CORMACK
MARK SHEARER PATRICK MURPHY
MAGGIE TINSMAN MARK SMITH
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 14th day of March,
2002:
Senate File 2145.
MICHAEL E. MARSHALL
Secretary of the Senate
BILLS SIGNED BY THE GOVERNOR
A communication was received announcing that on March 14,
2002, the Governor approved and transmitted to the Secretary of
State the following bills:
S.F. 2084 - Relating to business relationships between persons involved in the sale
of certain vehicles, including suppliers and dealers of all-terrain vehicles.
S.F. 2207 - Relating to the acquisition, enforceability, and purpose of conservation
easements.
AMENDMENTS FILED
S-5163 S.F. 2292 Steve King
Tom Flynn
John W. Jensen
S-5164 S.F. 2292 Thomas Fiegen
S-5165 S.F. 2292 Robert E. Dvorsky
S-5166 S.F. 2292 Joe Bolkcom
S-5167 H.F. 2554 Natural Resources and Environment
S-5168 H.F. 2539 Judiciary
S-5169 H.F. 2507 Judiciary
S-5170 H.F. 2515 Education
S-5171 H.F. 2517 Education
© 2002 Cornell College and
League of Women Voters of Iowa
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