Senate Journal: Wednesday, January 29, 2003
JOURNAL OF THE SENATE
__________
SEVENTEENTH CALENDAR DAY
ELEVENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, January 29, 2003
The Senate met in regular session at 8:41 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Orris L. Drake, pastor of the
United Methodist Church in Shelby, Iowa. He was the guest of
Senator Boettger. Reverend Drake is the uncle of Representative
Jack Drake.
The Journal of Tuesday, January 28, 2003, was approved.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senators Larson and Putney, for the day, on request of Senator Gaskill; and
Senator Kibbie, until he arrives, on request of Senator Bolkcom.
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 January 27, 2003, passed the following bill in which the concurrence of
the Senate is asked:
House File 32, a bill for an act relating to supplemental
appropriations to reimburse counties for certain property tax credits
and exemptions allowed and including an effective date.
Read first time and referred to committee on Appropriations.
A moment of silence was observed by the Senate in memory of Rob
Miller, lobbyist with the Iowa Optometrists and the Iowa Egg
Council.
COMMITTEE REPORT
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 5, a resolution designating January 29,
2003, as Iowa Insurance Day.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Kramer, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill,
Ragan, and Sievers. Nays, none. Absent, 2: Iverson and Putney.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Gaskill asked and received unanimous consent to take up
for consideration Senate Resolution 5.
Senate Resolution 5
On motion of Senator Gronstal, Senate Resolution 5, a
resolution designating January 29, 2003, as Iowa Insurance Day,
with report of committee recommending passage, was taken up for
consideration.
Senator Gronstal moved the adoption of Senate Resolution 5,
which motion prevailed by a voice vote.
RECESS
On motion of Senator Gaskill, the Senate recessed at 8:49 a.m.
until 11:45 a.m.
RECONVENED
The Senate reconvened at 11:45 a.m., President Pro Tempore
Angelo presiding.
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 January 29, 2003, amended and passed the following bill in which the
concurrence of the House was asked:
Senate File 36, a bill for an act 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.
(S-3007)
SPECIAL GUEST
Senator Boettger welcomed to the Senate chamber Robert Biwer,
Consul General of Luxembourg.
The Senate rose and expressed its welcome.
ADJOURNMENT
On motion of Senator Veenstra, the Senate adjourned at 12:09 p.m.
until 8:30 a.m. Thursday, January 30, 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:
December 13, 2002
DEPARTMENT OF JUSTICE
Iowa Prosecutor Intern Program Report, pursuant to Iowa Code section 13.2 (12).
January 29, 2003
DEPARTMENT OF HUMAN SERVICES
Iowa Medicaid Pharmaceutical Case Management Program Evaluation, pursuant
to 2000 Acts, Senate File 2435, section 9.
DEPARTMENT OF MANAGEMENT
Utility Tax Replacement Task Force Report, pursuant to Iowa Code section
437A.15.
SUPPLEMENTAL REPORT OF THE COMMITTEE ON
RULES AND ADMINSTRATION
MADAM PRESIDENT: Pursuant to Senate Concurrent Resolution 4, the
committee on Rules and Administration submits the following supplemental report of
changes, increases, and reclassifications and the effective dates for Senate employees:
Legislative Secretary Ann Ihm Grade 15, Step 2
Effective 1/21/03
STEWART IVERSON, JR., Chair
REPORTS OF COMMITTEE MEETINGS
GOVERNMENT OVERSIGHT
Convened: January 28, 2003, 3:05 p.m.
Members Present: Lundby, Chair; Brunkhorst, Vice Chair; Courtney, Ranking
Member; Dvorsky and Wieck.
Members Absent: None.
Committee Business: Presentation by William Angrick, Citizen’s Aide Ombudsman.
Adjourned: 3:55 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: January 28, 2003, 3:30 p.m.
Members Present: Sievers, Vice Chair; Holveck, Ranking Member; and Stewart.
Members Absent: Zieman, Chair; and Rehberg (both excused).
Committee Business: Presentations by representatives of Department of General
Services, Department of Personnel, and Department of Revenue and Finance.
Adjourned: 5:15 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: January 28, 2003, 3:00 p.m.
Members Present: Miller, Chair; Angelo, Vice Chair; Fraise, Ranking Member;
Hosch and Kreiman.
Members Absent: None.
Committee Business: Presentations by representatives of Department of Public
Safety.
Adjourned: 3:50 p.m.
EDUCATION
Convened: January 29, 2003, 9:50 a.m.
Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking
Member; Angelo, Beall, Behn, Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman,
Quirmbach, and Rehberg.
Members Absent: Larson and Redfern (both excused).
Committee Business: Presentation by Department of Education on the financing of
public education in Iowa.
Adjourned: 10:45 a.m.
JUDICIARY
Convened: January 29, 2003, 1:00 p.m.
Members Present: Redfern, Chair; Kreiman, Ranking Member; Boettger, Fraise,
Horn, McKibben, Miller, Quirmbach, and Tinsman.
Members Absent: Larson, Vice Chair; Holveck, Kettering, Lamberti, McCoy, and
Putney (all excused).
Committee Business: Subcommittee assignments.
Adjourned: 1:10 p.m.
RULES AND ADMINISTRATION
Convened: January 29, 2003, 8:20 a.m.
Members Present: Kramer, Vice Chair; Gronstal, Ranking Member; Boettger,
Courtney, Drake, Dvorsky, Gaskill, Ragan, and Sievers.
Members Absent: Iverson, Chair; and Putney (both excused).
Committee Business: Approved SJR 1, SR 1, and resolutions concerning pay, the
joint rules, and floor access for the Governor’s staff.
Adjourned: 8:40 a.m.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 2, by committee on Rules and
Administration, a concurrent resolution relating to the compensation
of chaplains, officers and employees of the Eightieth General
Assembly.
Read first time under Rule 28 and placed on calendar.
INTRODUCTION OF BILLS
Senate File 60, by Warnstadt, a bill for an act transferring the
powers and duties of the Missouri river preservation and land use
authority to the loess hills development and conservation authority
and providing effective dates.
Read first time under Rule 28 and referred to committee on
Natural Resources and Environment.
Senate File 61, by Warnstadt, a bill for an act allowing cities and
counties to create enterprise zones near modes of transportation.
Read first time under Rule 28 and referred to committee on
Economic Growth.
Senate File 62, by Lamberti, a bill for an act creating a
presumption of owner consent when the child of an owner operates
the owner’s motor vehicle.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 63, by Kibbie and Drake, a bill for an act relating to
the use of sick leave by certain members of the Iowa department of
public safety peace officers’ retirement, accident, and disability
system who are temporarily incapacitated for duty.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 64, by Kibbie and Lundby, a bill for an act relating to
mandatory disclosures in certain political telephone communications,
and applying a penalty.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 65, by Zieman, a bill for an act allowing the issuance
of deer licenses to certain landowners without a fee.
Read first time under Rule 28 and referred to committee on
Natural Resources and Environment.
Senate File 66, by Houser, a bill for an act eliminating local
assessor examining boards.
Read first time under Rule 28 and referred to committee on Local
Government.
STUDY BILLS RECEIVED
SSB 1024 Judiciary
Establishing a criminalistics laboratory surcharge and creating a
criminalistics laboratory fund, making an appropriation of surcharge
moneys, and making related changes.
SSB 1025 Judiciary
Relating to the state fire marshal’s office of the department of
public safety concerning the publication of administrative rule notices
and explosives licensing and making criminal penalties applicable.
SSB 1026 Judiciary
Relating to appeals filed in child in need of assistance proceedings.
SSB 1027 Judiciary
Relating to criminal law and procedure, including the criminal
offenses of arson, communications by an arrested person, and
harassment, and the sex offender registry.
SSB 1028 Judiciary
Relating to the criminal penalties for an assault on members of
certain occupations.
SSB 1029 Judiciary
Relating to the admissibility of prior criminal offenses into
evidence in the prosecution of certain sexual offenses.
SSB 1030 Judiciary
Expanding the criminal offense of possessing contraband in
correctional institutions to include possessing contraband in a secure
facility for the detention or custody of juveniles, a detention facility,
or a jail.
SSB 1031 Natural Resources and Environment
Relating to the regulation of vessels by increasing certain boat
registration fees, and pilot and engineer licensing fees, providing for
increased inspections of registered boats, and appropriating the
moneys collected to the state fish and game protection fund.
SSB 1032 Judiciary
Relating to the criminal offense of sexual exploitation of a minor.
SSB 1033 Natural Resources and Environment
Relating to all-terrain vehicles and snowmobiles, requiring annual
user permits for nonresidents, and making a penalty applicable.
SSB 1034 Natural Resources and Environment
Creating a premier destination park program and making an
appropriation.
SSB 1035 Natural Resources and Environment
Relating to fishing by establishing fees, allocating fishing license
revenue to fish habitat development, modifying trout fishing fee
requirements, and providing effective and applicability dates.
SSB 1036 Ways and Means
Updating the Iowa Code references to the Internal Revenue Code,
coupling with certain provisions of federal law relating to economic
growth, and providing a retroactive applicability date and an effective
date.
SSB 1037 Commerce
Relating to provision of telecommunications services by municipal
utilities, including the burden of proof for disclosure of business
information, and limiting cross-subsidization of telecommunications
systems and services from other funding sources.
SSB 1038 State Government
Providing for state ownership of Part III Iowa communications
network video connections under specified circumstances.
SSB 1039 Economic Growth
Relating to the licensure, permit, and approval process for site
development of economic development projects.
SUBCOMMITTEE ASSIGNMENTS
Senate File 9
NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Bolkcom and
Kettering
Senate File 18
NATURAL RESOURCES AND ENVIRONMENT: Houser, Chair; Brunkhorst,
Dearden, Kibbie, and Miller
Senate File 20
NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Seng and Zieman
Senate File 25
NATURAL RESOURCES AND ENVIRONMENT: Kettering, Chair; Brunkhorst and
Kibbie
Senate File 40
NATURAL RESOURCES AND ENVIRONMENT: Houser, Chair; Brunkhorst,
Dearden, Kibbie, and Miller
Senate File 42
STATE GOVERNMENT: Veenstra, Chair; Black and Lamberti
Senate File 46
LOCAL GOVERNMENT: Gaskill, Chair; McCoy and Rehberg
Senate File 50
ECONOMIC GROWTH: McKinley, Chair; Hatch and Seymour
Senate File 52
STATE GOVERNMENT: Veenstra, Chair; Johnson and Ragan
Senate File 53
LOCAL GOVERNMENT: Miller, Chair; Hatch and Houser
Senate File 54
STATE GOVERNMENT: Schuerer, Chair; Connolly and Sievers
Senate File 57
LOCAL GOVERNMENT: Angelo, Chair; Seymour and Stewart
Senate File 58
COMMERCE: Angelo, Chair; Warnstadt and Wieck
Senate File 61
ECONOMIC GROWTH: Boettger, Chair; Beall and Shull
House File 32
APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer
SSB 1024
JUDICIARY: Lamberti, Chair; Larson and Quirmbach
SSB 1025
JUDICIARY: Boettger, Chair; Kreiman and Lamberti
SSB 1026
JUDICIARY: Tinsman, Chair; Boettger and Horn
SSB 1027
JUDICIARY: Putney, Chair; Holveck and Tinsman
SSB 1028
JUDICIARY: Miller, Chair; Boettger and Fraise
SSB 1029
JUDICIARY: McKibben, Chair; Miller and Quirmbach
SSB 1030
JUDICIARY: Putney, Chair; McCoy and Redfern
SSB 1031
NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Kibbie and Wieck
SSB 1032
JUDICIARY: McKibben, Chair; Holveck and Kettering
SSB 1033
NATURAL RESOURCES AND ENVIRONMENT: Kettering, Chair; Miller and Seng
SSB 1034
NATURAL RESOURCES AND ENVIRONMENT: Kettering, Chair; Bolkcom and
Brunkhorst
SSB 1035
NATURAL RESOURCES AND ENVIRONMENT: Houser, Chair; Black and Kettering
SSB 1036
WAYS AND MEANS: McKibben, Chair; Dotzler and Shull
SSB 1037
COMMERCE: Larson, Chair; Brunkhorst and McCoy
SSB 1038
STATE GOVERNMENT: Drake, Chair; Connolly and Shull
SSB 1039
ECONOMIC GROWTH: Larson, Chair; Dotzler and Putney
COMMITTEE REPORTS
RULES AND ADMINISTRATION
Final Bill Action: SENATE JOINT RESOLUTION 1, a joint resolution authorizing
the temporary use and consumption of wine in the State Capitol in conjunction with
the awards ceremony of the World Food Prize Foundation.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Kramer, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill,
Ragan, and Sievers. Nays, none. Absent, 2: Iverson and Putney.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE CONCURRENT RESOLUTION 2, a concurrent
resolution relating to the compensation of chaplains, officers and employees of the
Eightieth General Assembly.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Kramer, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill,
Ragan, and Sievers. Nays, none. Absent, 2: Iverson and Putney.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE CONCURRENT RESOLUTION 4, a concurrent resolution
relating to joint rules of the Senate and House of Representatives for the Eightieth
General Assembly.
Recommendation: DO PASS.
Final Vote: Ayes, 9: Kramer, Gronstal, Boettger, Courtney, Drake, Dvorsky, Gaskill,
Ragan, and Sievers. Nays, none. Absent, 2: Iverson and Putney.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTE
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
January 22, 2003, when the vote was taken on Senate File 36. Had I been present, I
would have voted “Yea.”
CHARLES W. LARSON, JR.
AMENDMENT FILED
S-3007 S.F. 36 House
© 2003 Cornell College and
League of Women Voters of Iowa
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