Previous Day: Tuesday, March 19Next Day: Thursday, March 21
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Senate Journal: Wednesday, March 20, 2002

JOURNAL OF THE SENATE

__________

SIXTY-SIXTH CALENDAR DAY
FORTIETH SESSION DAY

Senate Chamber
Des Moines, Iowa, Wednesday, March 20, 2002

The Senate met in regular session at 9:07 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Alvin Koeneman, pastor of
Wartburg College in Waverly, Iowa. He was the guest of Senator
Jensen.

The Journal of Tuesday, March 19, 2002, was approved.

HOUSE MESSAGES RECEIVED AND CONSIDERED

The following messages were received from the Chief Clerk of the
House:

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on March 19, 2002, passed the following bill in which the concurrence of the
House was asked:

Senate File 2098, a bill for an act relating to the criminal offense
of unauthorized computer access, and providing a penalty.

ALSO: That the House has on March 19, 2002, concurred in the Senate
amendment and passed the following bills in which the concurrence of the House was
asked:

House File 2138, a bill for an act authorizing the college student
aid commission to waive or modify statutory or regulatory provisions
applicable to state financial aid programs for affected students in the
event of a national emergency.


House File 2246, a bill for an act relating to administrative
procedures of county treasurers for property taxation and vehicle
registration.

ALSO: That the House has on March 19, 2002, passed the following bills in which
the concurrence of the Senate is asked:

House File 2499, a bill for an act relating to requirements for
securing children transported in certain motor vehicles and making a
penalty applicable.

Read first time and attached to similar Senate File 2265.

House File 2509, a bill for an act regarding business corporations,
and providing an effective date.

Read first time and attached to similar Senate File 2285.

SPECIAL GUEST

Senator Jensen welcomed to the Senate chamber Dr. Jack R. Ohle,
President of Wartburg College in Waverly, Iowa. The internationally
acclaimed Wartburg Choir would be performing in the rotunda.

SPECIAL GUEST

Senator Jensen welcomed to the Senate chamber Ms. Nadine
Hawbaker. Ms. Hawbaker is a watercolorist from Grimes, Iowa. Two
of Ms. Hawbaker's paintings were on display in the back of the
chamber.

RECESS

On motion of Senator Iverson, the Senate recessed at 9:20 a.m.
until 2:00 p.m.


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 20, 2002

STATE APPEAL BOARD

Denied claims against the state of Iowa during February-March 2002.

CERTIFICATES OF RECOGNITION

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

Loran and Lirlene Bamford, Belmond - For celebrating your 60th wedding
anniversary on March 21, 2002. Senator Iverson (03/20/02).

Dale and Marilyn Daniels, Eagle Grove - For celebrating your 40th wedding
anniversary on March 25, 2002. Senator Iverson (03/20/02).

Jared Josten, Webster City - For being named to the Des Moines Sunday Register
Boys' All-State Tournament Team. Senator Iverson (03/20/02).

Katheryn Spencer, Eagle Grove - For 35 years of dedication and service in
elementary education. Senator Iverson (03/20/02).

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
RESOURCES

Convened: March 20, 2002, 9:40 a.m.

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

Members Absent: Fink (excused).

Committee Business: Presentation on the FY 2003 budget by Deb Kozel of the
Legislative Fiscal Bureau.

Adjourned: 10:30 a.m.

APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

Convened: March 20, 2002, 9:30 a.m.

Members Present: McKinley, Chair; Miller, Vice Chair; Fiegen, Ranking Member;
and Behn.

Members Absent: Holveck (excused).

Committee Business: Mark Ketchum spoke about Performance Measurement.

Adjourned: 10:40 a.m.

APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

Convened: March 20, 2002, 9:38 a.m.

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

Members Absent: Redfern, Chair (excused).

Committee Business: Presentations by representatives of Department of Cultural
Affairs, Iowa School for the Deaf, Iowa Braille and Sight-Saving School, and Vocational
Rehabilitation.

Adjourned: 9:45 a.m.

APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

Convened: March 20, 2002, 9:40 a.m.

Members Present: McKean, Vice Chair; Dvorsky, Ranking Member; Fraise and
Maddox.

Members Absent: Angelo, Chair (excused).

Committee Business: Budget targets were announced.

Adjourned: 9:45 a.m.

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: March 20, 2002, 9:38 a.m.

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

Members Absent: None.

Committee Business: Passed LSB 6023ja79. Presentation by Department of
Cultural Affairs. Board of Regents infrastructure requests. Update on the Capitol
Complex parking structure.

Adjourned: 11:07 a.m.


APPROPRIATIONS

Convened: March 20, 2002, 1:08 p.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
Angelo, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn,
Jensen, King, McKibben, McKinley, Rehberg, Schuerer, Tinsman, Veenstra, and
Zieman.

Members Absent: Black, Lundby, Redfern, and Soukup (all excused).

Committee Business: Passed SSBs 3184 (as amended) and 3186.

Adjourned: 1:27 p.m.

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 2048, the following correction was made:

1. Page 1, line 1, a space was added between the number 12.72A and the word
VISION.

MICHAEL E. MARSHALL
Secretary of the Senate

BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR

The Secretary of the Senate submitted the following report:

MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bill has been enrolled, signed by the President of the Senate and the Speaker
of the House, and presented to the Governor for his approval on this 20th day of March,
2002:

Senate File 2048.

MICHAEL E. MARSHALL
Secretary of the Senate

EXPLANATION OF VOTES

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
March 18, 2002, when the votes were taken on Senate Files 374 and 2315 and House
Files 583, 2082, 2109, 2150, 2151, 2152, 2153, 2190, 2192, 2229, 2230, 2246, 2317,
2394, 2399, 2409, 2417, 2453, 2467, and 2538. Had I been present, I would have voted
"Aye" on all. Also, I was necessarily absent from the Senate chamber on March 19,
2002, when the votes were taken on Senate Files 429 and 2168 and House Files 518,
2249, 2291, 2488, 2510, 2516, and 2518. Had I been present, I would have voted "Aye"
on all.

TOM FLYNN

AFTERNOON SESSION

The Senate reconvened at 2:15 p.m., President Pro Tempore
McKean presiding.

QUORUM CALL

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

The vote revealed 40 present, 10 absent, and a quorum present.

President Kramer took the chair at 2:21 p.m.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senators Fink and McCoy, until they arrive, on request of Senator Hansen.

UNFINISHED BUSINESS
(Deferred March 18, 2002)

House File 2454

The Senate resumed consideration of 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, deferred March 18, 2002.

Senator Boettger offered amendment S-5187, filed by Senators
Boettger, Fiegen, and King on March 18, 2002, to pages 1 and 2 of the
bill, and moved its adoption.

Amendment S-5187 was adopted by a voice vote.

Senator Boettger 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. 2454), the vote was:

Ayes, 47:
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
McKean McKibben McKinley Miller
Ragan Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Fink McCoy Redfern

 


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 Redfern, for the day, on request of Senator Freeman.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2497.

House File 2497

On motion of Senator Jensen, House File 2497, a bill for an act
relating to charges imposed on unclaimed gift certificates, with report
of committee recommending passage, was taken up for consideration.


Senator Jensen 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. 2497), 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 Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Fink Redfern

 


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 2192

Senator Rittmer called up for consideration Senate File 2192, a
bill for an act relating to highways and motor vehicles, including
condemnation of property by the state department of transportation,
registration, sale, and operation of certain vehicles, issuance of
driver's licenses and nonoperator's identification cards, regulation of
oversize vehicles, and vehicle manufacturers, distributors, and
dealers, and providing penalties and effective dates, amended by the
House, and moved that the Senate concur in House amendment
S-5186, filed March 18, 2002.

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

Senator Rittmer 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. 2192), 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 Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Fink Redfern

 


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 File 2192 and House Files 2454 and 2497 be immediately
messaged to the House.

CONSIDERATION OF BILLS
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Files 2554 and 2310.


House File 2554

On motion of Senator Freeman, 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, with report of committee
recommending amendment and passage, was taken up for
consideration.

Senator Lundby offered amendment S-5167, filed by the committee
on Natural Resources and Environment on March 14, 2002, to page 1
of the bill.

Senator Lundby offered amendment S-5223, filed by her on
March 19, 2002, to page 1 of amendment S-5167, and moved its
adoption.

Amendment S-5223 was adopted by a voice vote.

Senator Connolly asked and received unanimous consent that
action on amendment S-5167, as amended, and House File 2554 be
deferred.

House File 2310

On motion of Senator King, House File 2310, a bill for an act
relating to vendor contracts for the statewide underground facility
notification center, with report of committee recommending passage,
was taken up for consideration.

Senator Dvorsky asked and received unanimous consent that
action on House File 2310 be deferred.

CONFERENCE COMMITTEE REPORT CONSIDERED

Senator Miller called up the conference committee report on
Senate File 466, a bill for an act relating to child care and protection


public policy provisions involving children, filed on March 14, 2002,
and moved its adoption.

The motion prevailed by a voice vote and the conference committee
report, and the recommendations and amendments contained therein,
was adopted.

Senator Miller 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. 466), 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 Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Fink Redfern

 


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 Iverson asked and received unanimous consent to take up
for consideration House File 2289.


House File 2289

On motion of Senator Houser, House File 2289, a bill for an act
relating to the preparation and filing of an assessment schedule for
abatement of a nuisance by a city, with report of committee
recommending passage, was taken up for consideration.

Senator Houser 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. 2289), 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 Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 2:
Fink Redfern

 


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 Deluhery, until he returns, on request of Senator Hammond.


CONSIDERATION OF BILLS
(Regular Calendar)

Senator Boettger asked and received unanimous consent to take
up for consideration House Files 2281 and 2514.

House File 2281

On motion of Senator Maddox, House File 2281, a bill for an act
requiring the licensure of landscape architects, with report of
committee recommending passage, was taken up for consideration.

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?" (H.F. 2281), the vote was:

Ayes, 40:
Angelo Black Boettger Bolkcom
Connolly Dearden Drake Dvorsky
Fiegen Flynn Fraise Freeman
Gaskill Gronstal Hammond Hansen
Harper Holveck Horn Houser
Iverson Jensen Kibbie King
Kramer Lamberti Lundby Maddox
McCoy McKean McKibben Miller
Ragan Redwine Rittmer Schuerer
Sexton Shearer Tinsman Veenstra

 


Nays, 7:
Behn Greiner Lord McKinley
Rehberg Soukup Zieman

 


Absent or not voting, 3:
Deluhery Fink Redfern

 


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


House File 2514

On motion of Senator Gaskill, House File 2514, a bill for an act
relating to the indemnification of owners of animals with a contagious
disease under a plan of eradication, with report of committee
recommending passage, was taken up for consideration.

Senator Gaskill 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. 2514), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden 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
Ragan Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Fink Redfern

 


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 Houser, until he returns, on request of Senator Boettger.


BUSINESS PENDING

House File 2554

The Senate resumed consideration of 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, previously deferred.

Senator Lundby moved the adoption of amendment S-5167, as
amended.

Amendment S-5167 was adopted by a voice vote.

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?" (H.F. 2554), the vote was:

Ayes, 44:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden Drake
Dvorsky Fiegen Flynn Fraise
Freeman Gaskill Greiner Hammond
Hansen Harper Holveck Horn
Iverson Jensen Kibbie King
Kramer Lamberti Lord Lundby
Maddox McKean McKibben McKinley
Miller Ragan Redwine Rehberg
Rittmer Schuerer Sexton Shearer
Soukup Tinsman Veenstra Zieman

 


Nays, 2:
Gronstal McCoy

 


Absent or not voting, 4:
Deluhery Fink Houser Redfern

 


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 McKean asked and received unanimous consent to take up
for consideration House Files 2507 and 2532.

House File 2507

On motion of Senator Maddox, House File 2507, a bill for an act
creating a criminal offense for possession or distribution of anthrax,
and providing a penalty, with report of committee recommending
amendment and passage, was taken up for consideration.

Senator Maddox offered amendment S-5169, filed by the
committee on Judiciary on March 14, 2002, to page 1 of the bill, and
moved its adoption.

Amendment S-5169 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?" (H.F. 2507), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden 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
Ragan Redwine Rehberg Rittmer
Schuerer Sexton Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Fink Redfern

 



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

House File 2532

On motion of Senator Rittmer, House File 2532, a bill for an act
relating to public retirement systems and providing effective and
retroactive applicability dates, with report of committee
recommending amendment and passage, was taken up for
consideration.

Senator Rittmer offered amendment S-5178, filed by the
committee on State Government on March 18, 2002, to pages 11 and
13 of the bill.

Senator Drake called for the following division of amendment S-5178:

Division S-5178A: Lines 3-25; and
Division S-5178B: Lines 26 and 27.

Senator Rittmer moved the adoption of division S-5178A, which
motion prevailed by a voice vote.

Senator Rittmer moved the adoption of division S-5178B.

A nonrecord roll call was requested.

The ayes were 28, nays 19.

Division S-5178B was adopted.

Senator Kibbie offered amendment S-5225, filed by Senators
Kibbie, Rittmer, and Drake on March 19, 2002, to page 24 of the bill,
and moved its adoption.

Amendment S-5225 was adopted by a voice vote.

Senator Gronstal asked and received unanimous consent that
action on House File 2532 be deferred.


IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate File 466 and House Files 2281, 2289, 2507, 2514, and 2554
be immediately messaged to the House.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Sexton, until he returns, on request of Senator Greiner.

HOUSE AMENDMENT CONSIDERED
(Deferred March 18, 2002)

Senate File 2146

The Senate resumed consideration of 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, and
House amendment S-5139, deferred March 18, 2002.

Senator Dvorsky offered amendment S-5214, filed by Senator
Dvorsky, et al., on March 19, 2002, to page 1 of House amendment
S-5139.

Senator Maddox offered amendment S-5232, filed by him from the
floor to page 1 of amendment S-5214 to House amendment S-5139,
and moved its adoption.

Amendment S-5232 was adopted by a voice vote.

Senator Dvorsky moved the adoption of amendment S-5214, as
amended, to House amendment S-5139.

Amendment S-5214 was adopted by a voice vote.

Senator Maddox moved that the Senate concur in House
amendment S-5139, as amended.

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

Senator Maddox moved that the bill, as amended by the House,
further amended 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. 2146), the vote was:

Ayes, 47:
Angelo Behn Black Boettger
Bolkcom Connolly Dearden 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 Ragan Redwine Rehberg
Rittmer Schuerer Shearer Soukup
Tinsman Veenstra Zieman

 


Nays, none.

Absent or not voting, 3:
Deluhery Redfern Sexton

 


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

MOTION TO RECONSIDER WITHDRAWN

Senate File 429

Senator King withdrew the motion to reconsider Senate File 429,
a bill for an act relating to price regulation for local exchange
carriers, by changing certain definitions related to price regulation,
permitting certain rate increases, requiring certain network
infrastructure investments, and making related changes, filed by him
on March 19, 2002, and found on page 724 of the Senate Journal.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Files 429 and 2146 be immediately messaged to the House.

The Senate stood at ease at 4:34 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 5:30 p.m., President Kramer
presiding.

CONSIDERATION OF BILL
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House File 2264.

House File 2264

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

Senator Shearer withdrew amendment S-5217, filed by him on
March 19, 2002, striking and replacing everything after the enacting
clause and to the title page of the bill.

Senator Holveck withdrew amendment S-5206, filed by him on
March 19, 2002, to the title page of the bill.

Senator Harper withdrew amendment S-5192, filed by her on
March 19, 2002, to page 1 and to the title page of the bill.

Senator Harper withdrew amendment S-5193, filed by her on
March 19, 2002, to page 1 and to the title page of the bill.

Senator Harper withdrew amendment S-5194, filed by her on
March 19, 2002, to page 1 and to the title page of the bill.


Senator Shearer withdrew amendment S-5218, filed by him on
March 19, 2002, to page 1 and to the title page of the bill.

Senator Hammond withdrew amendment S-5229, filed by her from
the floor to page 1 and to the title page of the bill.

Senator Hammond withdrew amendment S-5231, filed by her from
the floor to page 1 and to the title page of the bill.

Senator Bolkcom withdrew amendment S-5212, filed by him on
March 19, 2002, to pages 1 and 4 of the bill.

Senator Bolkcom withdrew amendment S-5213, filed by him on
March 19, 2002, to pages 1 and 5 of the bill.

Senator Bolkcom withdrew amendment S-5210, filed by him on
March 19, 2002, to page 1 and to the title page of the bill.

Senator Dvorsky withdrew amendment S-5197, filed by him on
March 19, 2002, to pages 1, 2, 4, and 5 of the bill.

Senator Dvorsky withdrew amendment S-5201, filed by him on
March 19, 2002, to page 1 of the bill.

Senator Hammond withdrew amendment S-5227, filed by her from
the floor to page 2 of the bill.

Senator Hammond withdrew amendment S-5228, filed by her from
the floor to page 2 of the bill.

Senator Harper withdrew amendment S-5196, filed by her on
March 19, 2002, to page 2 of the bill.

Senator Dvorsky withdrew amendment S-5198, filed by him on
March 19, 2002, to page 2 of the bill.

Senator Hammond withdrew amendment S-5230, filed by her from
the floor to page 2 of the bill.

Senator Shearer withdrew amendment S-5219, filed by him on
March 19, 2002, to pages 2 and 5 of the bill.

Senator Shearer withdrew amendment S-5216, filed by him on
March 19, 2002, to pages 2-4 of the bill.

Senator Harper withdrew amendment S-5195, filed by her on
March 19, 2002, to page 3 of the bill.

Senator Dvorsky withdrew amendment S-5200, filed by him on
March 19, 2002, to page 3 of the bill.

Senator Dvorsky withdrew amendment S-5199, filed by him on
March 19, 2002, to pages 3 and 4 of the bill.

Senator Harper withdrew amendment S-5188, filed by her on
March 18, 2002, to page 4 of the bill.

Senator Holveck withdrew amendment S-5205, filed by him on
March 19, 2002, to page 4 of the bill.

Senator Dearden withdrew amendment S-5111, filed by him on
March 5, 2002, to page 5 and to the title page of the bill.

Senator Holveck withdrew amendment S-5209, filed by him on
March 19, 2002, to page 5 of the bill.

Senator Bolkcom withdrew amendment S-5211, filed by him on
March 19, 2002, to page 5 and to the title page of the bill.

Senator Lundby asked and received unanimous consent that action
on House File 2264 be deferred.

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 20, 2002, passed the following bills in which the concurrence of
the House was asked:

Senate File 2086, a bill for an act relating to the kilowatt
threshold for electric transmission line franchises, making related
changes, and providing an effective date.

Senate File 2140, a bill for an act relating to energy conservation
including making appropriations of petroleum overcharge funds.

Senate File 2160, a bill for an act relating to the dry fire hydrant
and rural water supply education and demonstration project.

ALSO: That the House has on March 20, 2002, concurred in the Senate
amendment and passed the following bill in which the concurrence of the House was
asked:

House File 2153, a bill for an act relating to presentation of
victim impact statements at criminal sentencing hearings.

ALSO: That the House has on March 20, 2002, amended and passed the
following bills in which the concurrence of the House was asked:

Senate File 2197, a bill for an act prohibiting a registered sex
offender from residing near a school or child care facility, and
providing a penalty. (S-5234)

Senate File 2203, a bill for an act providing for access to the Iowa
communications network by homeland security or defense facilities.
(S-5233)

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 5:50 p.m.
until 9:00 a.m. Thursday, March 21, 2002.


APPENDIX

CERTIFICATE OF RECOGNITION

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

Erin Scherrer, Riverside - For achieving the highest award for Senior Girl Scouts,
"The Gold Award." Senator Flynn (03/20/02).

PRESENTATION OF VISITORS

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

High school students from Brooklyn and Montezuma. Senator Black.

High school juniors from Underwood High School in Underwood.
Senator Boettger.

Eighty third grade students from Mary Welsh Elementary School
in Williamsburg, accompanied by Doyle Geyer. Senator Schuerer.

Eleventh and twelfth grade students from Davenport West High
School in Davenport. Senator Tinsman.

REPORT OF COMMITTEE MEETING

WAYS AND MEANS

Convened: March 20, 2002, 1:30 p.m.

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

Members Absent: Holveck, Maddox, Miller, and Redwine (all excused).

Committee Business: Subcommittee assignments.

Adjourned: 1:32 p.m.


INTRODUCTION OF BILLS

Senate File 2316, by committee on Appropriations, a bill for an
act relating to the sale of certain farmland by Iowa state university of
science and technology, providing for the appropriation and use of
proceeds from the sale, and providing an effective date.

Read first time under Rule 28 and placed on Appropriations
calendar.

Senate File 2317, by committee on Appropriations, a bill for an
act relating to the tobacco master settlement agreement, including
tobacco product manufacturer compliance, making an appropriation,
and providing penalties.

Read first time under Rule 28 and placed on Appropriations
calendar.

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 2316 (SSB 3186), a bill for an act relating to the
sale of certain farmland by Iowa state university of science and technology, providing
for the appropriation and use of proceeds from the sale, and providing an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 21: Lamberti, Kramer, Flynn, Angelo, Bolkcom, Connolly,
Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, McKibben,
McKinley, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, none. Absent or
not voting, 4: Black, Lundby, Redfern, and Soukup.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: *SENATE FILE 2317 (SSB 3184), a bill for an act relating to the
tobacco master settlement agreement, including tobacco product manufacturer
compliance, making an appropriation, and providing penalties.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 21: Lamberti, Kramer, Flynn, Angelo, Bolkcom, Connolly,
Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, McKibben,
McKinley, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, none. Absent or
not voting, 4: Black, Lundby, Redfern, and Soukup.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Appropriations Committee on Senate File 2317, and
they were attached to the committee report.

GOVERNORíS DEFERRAL LETTERS

The following letters from the Governor were received in the office
of the Secretary of the Senate on March 12, 2002:

Pursuant to Iowa Code section 216A, the appointment for the Administrator of the
Division on the Status of African-Americans, formerly held by Traevena L. Potter-Hall,
is being deferred because no appropriate candidate has been found for this position at
this time.

Pursuant to Iowa Code section 14B.106, the appointment for the Administrator of
the Administration Division of the Department of Information Technology, formerly
held by Sandra L. Dell, is being deferred because no appropriate candidate has been
found for this position at this time.

Pursuant to Iowa Code section 25A, the appointment for the Commandant of the
Iowa Veterans Home, formerly held by Jack Dack, is being deferred because no
appropriate candidate has been found for this position at this time.

Sincerely,
THOMAS J. VILSACK
Governor

AMENDMENTS FILED

S-5227 H.F. 2264 Johnie Hammond
S-5228 H.F. 2264 Johnie Hammond
S-5229 H.F. 2264 Johnie Hammond
S-5230 H.F. 2264 Johnie Hammond
S-5231 H.F. 2264 Johnie Hammond
S-5232 S.F. 2146 Gene Maddox
S-5233 S.F. 2203 House
S-5234 S.F. 2197 House
S-5235 H.F. 2365 E. Thurman Gaskill
S-5236 H.F. 2247 Jack Holveck
Nancy Boettger


Previous Day: Tuesday, March 19Next Day: Thursday, March 21
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home index


© 2002 Cornell College and League of Women Voters of Iowa


Comments about this site or page? sjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Mon Oct 7 15:25:00 CDT 2002
URL: /DOCS/GA/79GA/Session.2/SJournal/Day/0320.html
jhf