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Senate Journal: Tuesday, January 21, 2003

JOURNAL OF THE SENATE

__________

NINTH CALENDAR DAY
SIXTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, January 21, 2003

The Senate met in regular session at 1:04 p.m., President Kramer
presiding.

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

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Senate Page Kristina Hauge.

The Journal of Friday, January 17, 2003, was approved.

COMMITTEE ON CREDENTIALS

Senator Iverson moved that a committee on credentials be
appointed to examine and report on the election in Senate District 26.

The motion prevailed by a voice vote and the Chair announced the
appointment of Senators Boettger, Chair; Miller, Gaskill, Dvorsky,
and Black.

The Senate stood at ease at 1:10 p.m. until the fall of the gavel.

The Senate resumed session at 1:11 p.m., President Kramer
presiding.

REPORT OF THE COMMITTEE ON CREDENTIALS

MADAM PRESIDENT: We, your committee on credentials, respectively report that
we find the person named in the attached copy of the certification of the Secretary of


State duly elected to and entitled to a seat in the Senate for the Eightieth General
Assembly.
NANCY BOETTGER, Chair
DAVID MILLER
E. THURMAN GASKILL
ROBERT E. DVORKSY
DENNIS BLACK

CERTIFICATION—STATE OF IOWA
OFFICE OF THE SECRETARY OF STATE

To the Honorable Michael E. Marshall, Secretary of the Senate:

I, CHESTER J. CULVER, Secretary of State of the State of Iowa, custodian of the
files and records pertaining to the elections in the state, do hereby certify that the
State Canvassing Board has declared that at a special election held on January 14,
2003, Steve Kettering was elected to fill a vacancy in the office of State Senator of the
Twenty-sixth District for the balance of the term that began on January 2, 2001.

IN TESTIMONY WHEREOF, I have hereunto
set my hand and affixed the official seal of the
(SEAL) Secretary of State at the Statehouse in
Des Moines, this twenty-first day of January,
2003.

CHESTER J. CULVER
Secretary of State

I hereby acknowledge receipt of the original copy of this document on this twenty-
first day of January, 2003.

MICHAEL E. MARSHALL
Secretary of the Senate

Senator Boettger moved the adoption of the report of the
committee on credentials, which motion prevailed by a voice vote.

Senator-elect Steve Kettering appeared before the bar of the
Senate, was duly sworn, and subscribed his name to the oath of office.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Larson, until he arrives, on request of Senator Iverson.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 1:26 p.m.
until 8:30 a.m. Wednesday, January 22, 2003.

APPENDIX

COMMUNICATIONS RECEIVED

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

January 21, 2003

BOARD OF REGENTS

Annual Report on Economic Development and Technology Transfer — notification
that the report in electronic form is available online.

DEPARTMENT OF CORRECTIONS

Intermediate Criminal Sanctions Report — notification that the report in electronic
form is available online.

IOWA HIGHER EDUCATION LOAN AUTHORITY

2002 Annual Report, pursuant to Iowa Code section 261A.21.

DEPARTMENT OF HUMAN SERVICES

Report on the Resident Advocate Committee Program, pursuant to 2002 Acts,
House File 2430.

DEPARTMENT OF MANAGEMENT

Contract Compliance Annual Report for FY 2002 — notification that the report in
electronic form is available online.

DEPARTMENT OF NATURAL RESOURCES

Demolition Site Waste Task Force Report, pursuant to 2002 Acts, Senate File 2325.

DEPARTMENT OF PUBLIC HEALTH

Final Report of the Task Force on the Development of an Interstate Prescription
Drug Purchasing Cooperative — notification that the report in electronic form is
available online.

IOWA WORKFORCE DEVELOPMENT

Annual Report for FY 2002 — notification that the report in electronic form is
available online.


AGENCY ICN REPORTS

OFFICE OF DRUG CONTROL POLICY

Iowa Communications Network (ICN) Usage for FY 2002, pursuant to Iowa Code
section 8D.10.

STATE LIBRARY OF IOWA

Iowa Communications Network (ICN) Usage for FY 2002, pursuant to Iowa Code
section 8D.10.

STANDING COMMITTEES APPOINTED

The Majority and Minority Leaders announced the following
appointments to the standing committees of the Senate for the
Eightieth General Assembly:

*Vice Chair
**Ranking Member
AGRICULTURE—15 Members

Behn, Chair Black Johnson Seng
Hosch* Courtney Kibbie Veenstra
Fraise** Gaskill Putney Zieman
Angelo Houser Ragan

APPROPRIATIONS—25 Members

Lamberti, Chair Dotzler McKibben Shull
Kramer* Fraise McKinley Sievers
Dvorsky** Gaskill Miller Tinsman
Behn Hatch Schuerer Veenstra
Black Horn Seng Warnstadt
Bolkcom Houser Seymour Zieman
Connolly

BUSINESS AND LABOR RELATIONS—11 Members

Schuerer, Chair Courtney Johnson Seymour
Lundby* Dotzler Kettering Wieck
Dearden** Horn McKibben

COMMERCE—15 Members

Angelo, Chair Behn Kettering Schuerer
Wieck* Bolkcom Larson Sievers
Warnstadt** Brunkhorst McCoy Stewart
Beall Gronstal Redfern

ECONOMIC GROWTH—13 Members

Rehberg, Chair Boettger McKinley Seymour
Shull* Dotzler Putney Stewart
Hatch** Larson Ragan Veenstra
Beall

EDUCATION—15 Members

Boettger, Chair Beall Holveck Quirmbach
McKinley* Behn Hosch Redfern
Connolly** Brunkhorst Kreiman Rehberg
Angelo Dvorsky Larson

ETHICS—6 Members

Drake, Chair Kibbie** Dearden McKibben
Redfern* Connolly

GOVERNMENT OVERSIGHT—5 Members

Lundby, Chair Courtney** Dvorsky Wieck
Brunkhorst*

HUMAN RESOURCES—13 Members

Veenstra, Chair Boettger Horn McKinley
Seymour* Hatch Hosch Schuerer
Ragan** Holveck Kreiman Tinsman
Behn

JUDICIARY—15 Members

Redfern, Chair Fraise Lamberti Putney
Larson* Holveck McCoy Quirmbach
Kreiman** Horn McKibben Tinsman
Boettger Kettering Miller

LOCAL GOVERNMENT—13 Members

Gaskill, Chair Hatch Kreiman Seymour
Miller* Hosch McCoy Stewart
Quirmbach** Houser Rehberg Wieck
Angelo

NATURAL RESOURCES AND ENVIRONMENT—15 Members

Houser, Chair Bolkcom Holveck Miller
Johnson* Brunkhorst Kettering Wieck
Seng** Dearden Kibbie Zieman
Black Drake Lundby


RULES AND ADMINISTRATION—11 Members

Iverson, Chair Boettger Dvorsky Ragan
Kramer* Courtney Gaskill Sievers
Gronstal** Drake Putney

STATE GOVERNMENT—15 Members

Zieman, Chair Connolly Johnson Shull
Sievers* Courtney Lamberti Tinsman
Kibbie Dearden Ragan Veenstra
Black Drake Schuerer

TRANSPORTATION—13 Members

Drake, Chair Dearden Johnson Shull
Putney* Fraise Kettering Warnstadt
McCoy** Houser Rehberg Zieman
Beall

WAYS AND MEANS—17 Members

McKibben, Chair Dotzler McCoy Rehberg
Shull* Hosch McKinley Seng
Bolkcom** Lamberti Miller Sievers
Angelo Larson Quirmbach Stewart
Connolly

SENATE APPROPRIATIONS SUBCOMMITTEES

ADMINISTRATION AND REGULATION

Zieman, Chair Holveck** Stewart
Sievers* Rehberg

AGRICULTURE AND NATURAL RESOURCES

Gaskill, Chair Black** Seymour
Houser* Seng

ECONOMIC DEVELOPMENT

McKinley, Chair Dotzler** Quirmbach
Behn* Putney

EDUCATION

Schuerer, Chair Horn** Shull
Boettger* Kibbie


HEALTH AND HUMAN SERVICES

Tinsman, Chair Hatch** Veenstra
Johnson* Bolkcom

JUSTICE SYSTEM

Miller, Chair Fraise** Kreiman
Angelo* Hosch

TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS

McKibben, Chair Warnstadt** Kettering
Lamberti* Beall

SENATORS AND THEIR RESPECTIVE COMMITTEES

ANGELO, Jeff Agriculture
Commerce, Chair
Education
Local Government
Ways and Means
Justice System Appropriations
Subcommittee, Vice Chair
BEALL, Daryl Commerce
Economic Growth
Education
Transportation
Transportation, Infrastructure, and Capitals
Appropriations Subcommittee
BEHN, Jerry Agriculture, Chair
Appropriations
Commerce
Education
Human Resources
Economic Development Appropriations
Subcommittee, Vice Chair

BLACK, Dennis H. Agriculture
Appropriations
Natural Resources and Environment
State Government
Agriculture and Natural Resources
Appropriations Subcommittee, Ranking
Member

BOETTGER, Nancy Economic Growth
Education, Chair
Human Resources
Judiciary

Rules and Administration
Education Appropriations Subcommittee,
Vice Chair
BOLKCOM, Joe Appropriations
Commerce
Natural Resources and Environment
Ways and Means, Ranking Member
Health and Human Services Appropriations
Subcommittee

BRUNKHORST, Bob Commerce
Education
Government Oversight, Vice Chair
Natural Resources and Environment

CONNOLLY, Mike Appropriations
Education, Ranking Member
Ethics
State Government
Ways and Means
COURTNEY, Thomas G. Agriculture
Business and Labor Relations
Government Oversight, Ranking Member
Rules and Administration
State Government

DEARDEN, Dick L. Business and Labor Relations, Ranking
Member
Ethics
Natural Resources and Environment
State Government
Transportation

DOTZLER, William A., Jr. Appropriations
Business and Labor Relations
Economic Growth
Ways and Means
Economic Development Appropriations
Subcommittee, Ranking Member

DRAKE, Richard F. Ethics, Chair
Natural Resources and Environment
Rules and Administration
State Government
Transportation, Chair

DVORSKY, Robert E. Appropriations, Ranking Member
Education
Government Oversight
Rules and Administration

FRAISE, Gene Agriculture, Ranking Member
Appropriations
Judiciary
Transportation
Justice System Appropriations
Subcommittee, Ranking Member

GASKILL, E. Thurman Agriculture
Appropriations
Local Government, Chair
Rules and Administration
Agriculture and Natural Resources
Appropriations Subcommittee, Chair

GRONSTAL, Michael E. Commerce
Rules and Administration, Ranking Member

HATCH, Jack Appropriations
Economic Growth, Ranking Member
Human Resources
Local Government
Health and Human Services Appropriations
Subcommittee, Ranking Member

HOLVECK, Jack Education
Human Resources
Judiciary
Natural Resources and Environment
Administration and Regulation
Appropriations Subcommittee, Ranking
Member

HORN, Wally E. Appropriations
Business and Labor Relations
Human Resources
Judiciary
Education Appropriations Subcommittee,
Ranking Member

HOSCH, Julie M. Agriculture, Vice Chair
Education
Human Resources
Local Government
Ways and Means
Justice System Appropriations
Subcommittee

HOUSER, Hubert Agriculture
Appropriations
Local Government
Natural Resources and Environment, Chair
Transportation

Agriculture and Natural Resources
Appropriations Subcommittee, Vice
Chair

IVERSON, Stewart E., Jr. Rules and Administration, Chair

JOHNSON, David Agriculture
Business and Labor Relations
Natural Resources and Environment, Vice
Chair
State Government
Transportation
Health and Human Services
Appropriations Subcommittee, Vice Chair
KETTERING, Steve Business and Labor Relations
Commerce
Judiciary
Natural Resources and Environment
Transportation
Transportation, Infrastructure, and Capitals
Appropriations Subcommittee
KIBBIE, John P. (Jack) Agriculture
Ethics, Ranking Member
Natural Resources and Environment
State Government, Ranking Member
Education Appropriations Subcommittee

KRAMER, Mary Appropriations, Vice Chair
Rules and Administration, Vice Chair

KREIMAN, Keith A. Education
Human Resources
Judiciary, Ranking Member
Local Government
Justice System Appropriations
Subcommittee

LAMBERTI, Jeff Appropriations, Chair
Judiciary
State Government
Ways and Means
Transportation, Infrastructure, and Capitals
Appropriations Subcommittee, Vice Chair
LARSON, Charles W., Jr. Commerce
Economic Growth
Education
Judiciary, Vice Chair
Ways and Means


LUNDBY, Mary Business and Labor Relations, Vice Chair
Government Oversight, Chair
Natural Resources and Environment

McCOY, Matt Commerce
Judiciary
Local Government
Transportation, Ranking Member
Ways and Means
McKIBBEN, Larry Appropriations
Business and Labor Relations
Ethics
Judiciary
Ways and Means, Chair
Transportation, Infrastructure, and Capitals
Appropriations Subcommittee, Chair

McKINLEY, Paul Appropriations
Economic Growth
Education, Vice Chair
Human Resources
Ways and Means
Economic Development Appropriations
Subcommittee, Chair

MILLER, David Appropriations
Judiciary
Local Government, Vice Chair
Natural Resources and Environment
Ways and Means
Justice System Appropriations
Subcommittee, Chair

PUTNEY, John Agriculture
Economic Growth
Judiciary
Rules and Administration
Transportation, Vice Chair
Economic Development Appropriations
Subcommittee

QUIRMBACH, Herman C. Education
Judiciary
Local Government, Ranking Member
Ways and Means
Economic Development Appropriations
Subcommittee

RAGAN, Amanda Agriculture
Economic Growth
Human Resources, Ranking Member

Rules and Administration
State Government

REDFERN, Donald B. Commerce
Education
Ethics, Vice Chair
Judiciary, Chair

REHBERG, Kitty Economic Growth, Chair
Education
Local Government
Transportation
Ways and Means
Administration and Regulation
Appropriations Subcommittee

SCHUERER, Neal Appropriations
Business and Labor Relations, Chair
Commerce
Human Resources
State Government
Education Appropriations Subcommittee,
Chair

SENG, Joe M. Agriculture
Appropriations
Natural Resources and Environment,
Ranking Member
Ways and Means
Agriculture and Natural Resources
Appropriations Subcommittee

SEYMOUR, James A. Appropriations
Business and Labor Relations
Economic Growth
Human Resources, Vice Chair
Local Government
Agriculture and Natural Resources
Appropriations Subcommittee

SHULL, Doug Appropriations
Economic Growth, Vice Chair
State Government
Transportation
Ways and Means, Vice Chair
Education Appropriations Subcommittee

SIEVERS, Bryan J. Appropriations
Commerce
Rules and Administration
State Government, Vice Chair
Ways and Means

Administration and Regulation
Appropriations Subcommittee, Vice Chair

STEWART, Roger Commerce
Economic Growth
Local Government
Ways and Means
Administration and Regulation
Appropriations Subcommittee

TINSMAN, Maggie Appropriations
Human Resources
Judiciary
State Government
Health and Human Services Appropriations
Subcommittee, Chair

VEENSTRA, Ken Agriculture
Appropriations
Economic Growth
Human Resources, Chair
State Government
Health and Human Services Appropriations
Subcommittee

WARNSTADT, Steve Appropriations
Commerce, Ranking Member
Transportation
Transportation, Infrastructure, and Capitals
Appropriations Subcommittee, Ranking
Member

WIECK, Ron Business and Labor Relations
Commerce, Vice Chair
Government Oversight
Local Government
Natural Resources and Environment

ZIEMAN, Mark Agriculture
Appropriations
Natural Resources and Environment
State Government, Chair
Transportation
Administration and Regulation
Appropriations Subcommittee, Chair


REPORTS OF COMMITTEE MEETINGS

AGRICULTURE

Convened: January 21, 2003, 1:30 p.m.

Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Black, Courtney, Gaskill, Johnson, Kibbie, Putney, Ragan, Seng, Veenstra, and
Zieman.

Members Absent: Houser (excused).

Committee Business: Joint meeting with the House Agriculture committee to listen
to speakers from ISU and TransOva.

Adjourned: 3:00 p.m.

GOVERNMENT OVERSIGHT

Convened: January 21, 2003, 3:05 p.m.

Members Present: Lundby, Chair; Brunkhorst, Vice Chair; Courtney, Ranking
Member; Dvorsky and Wieck.

Members Absent: None.

Committee Business: Organizational meeting.

Adjourned: 3:55 p.m.

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: January 21, 2003, 3:05 p.m.

Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member;
and Stewart.

Members Absent: Rehberg (excused).

Committee Business: Organizational meeting.

Adjourned: 3:20 p.m.

APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

Convened: January 21, 2003, 3:05 p.m.

Members Present: McKinley, Chair; Behn, Vice Chair; Dotzler, Ranking Member;
Putney and Quirmbach.


Members Absent: None.

Committee Business: Organizational meeting.

Adjourned: 3:25 p.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES

Convened: January 21, 2003, 3:05 p.m.

Members Present: Tinsman, Chair; Johnson, Vice Chair; Hatch, Ranking Member;
Bolkcom and Veenstra.

Members Absent: None.

Committee Business: Organizational meeting.

Adjourned: 4:15 p.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 2, by Bolkcom, a resolution relating to the
maintenance of the Iowa Department of Elder Affairs as a separate
department within state government.

Read first time under Rule 28 and referred to committee on State
Government.

INTRODUCTION OF BILLS

Senate File 30, by Brunkhorst, a bill for an act limiting the types
of courses secondary students may take under the postsecondary
enrollment options Act.

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

Senate File 31, by Brunkhorst, a bill for an act relating to the
establishment of a public charter school pilot program and providing
effective and applicability dates.

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


Senate File 32, by Brunkhorst, a bill for an act relating to the
disbursement and accounting of child support payments made to the
clerk of the district court or to the collection services center and
providing penalties and effective dates.

Read first time under Rule 28 and referred to committee on
Human Resources.

Senate File 33, by Bolkcom, Dvorsky, Quirmbach, Hatch,
Holveck, Lundby, and Dotzler, a bill for an act relating to
discrimination based upon a person’s sexual orientation under the
Iowa civil rights Act.

Read first time under Rule 28 and referred to committee on State
Government.

Senate File 34, by Bolkcom, a bill for an act relating to the
personal needs allowance amount for a recipient of medical assistance
residing in a nursing facility.

Read first time under Rule 28 and referred to committee on
Human Resources.

Senate File 35, by Bolkcom, a bill for an act relating to the
establishment of an assisted living and adult day care task force.

Read first time under Rule 28 and referred to committee on
Human Resources.

STUDY BILLS RECEIVED

SSB 1003 Transportation

Relating to highway, aviation, and motor vehicle transportation,
including regulation of junkyards along highways and placement of
political signs, elimination of the aviation hangar revolving loan fund,
fees charged for driver’s licenses and nonoperator’s identification
cards, and exemptions for certain motor vehicle operators from motor
carrier safety rules and hazardous materials transportation
regulations.


SSB 1004 Commerce

Relating to the provision under a group health insurance policy or
health maintenance organization contract for compensation of
podiatrists.

SSB 1005 Business and Labor Relations

Providing that interest on weekly workers’ compensation
payments is paid at the same rate for court judgments and decrees.

SSB 1006 Appropriations

Supplementing appropriations made for the fiscal year beginning
July 1, 2002, to the departments of human services, corrections, and
public safety, and to the state public defender and the public
broadcasting division of the department of education, and providing
effective date and applicability provisions.

SUBCOMMITTEE ASSIGNMENTS

Senate File 4

WAYS AND MEANS: Rehberg, Chair; Seng and Shull

Senate File 5

EDUCATION: Rehberg, Chair; Beall and Boettger

Senate File 6

EDUCATION: Boettger, Chair; Brunkhorst and Kreiman

Senate File 8

STATE GOVERNMENT: Johnson, Chair; Black and Schuerer

Senate File 10

EDUCATION: Boettger, Chair; Connolly and McKinley

Senate File 15

JUDICIARY: Larson, Chair; Kreiman and McKibben


Senate File 16

WAYS AND MEANS: Angelo, Chair; Miller and Stewart

Senate File 17

WAYS AND MEANS: Sievers, Chair; Larson and McCoy

Senate File 22

STATE GOVERNMENT: Shull, Chair; Drake and Kibbie

Senate File 28

TRANSPORTATION: Johnson, Chair; Fraise and Putney

Senate File 29

STATE GOVERNMENT: Veenstra, Chair; Dearden and Tinsman

SSB 1002

COMMERCE: Angelo, Chair; Brunkhorst, Gronstal, Warnstadt, and Wieck

SSB 1003

TRANSPORTATION: Drake, Chair; McCoy and Putney

SSB 1004

COMMERCE: Angelo, Chair; Warnstadt and Wieck

SSB 1005

BUSINESS AND LABOR RELATIONS: Seymour, Chair; Dotzler and McKibben

SSB 1006

APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer

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