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Senate Journal: Monday, February 3, 2003

JOURNAL OF THE SENATE

__________

TWENTY-SECOND CALENDAR DAY
THIRTEENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Monday, February 3, 2003

The Senate met in regular session at 1:02 p.m., President Kramer
presiding.

Prayer was offered by the Reverend Phil Barrett of the Presbytery
of Des Moines, Iowa. He was the guest of Senator McKinley.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Adrienne and Isaac Boettger,
grandchildren of Senator Nancy Boettger.

A moment of silence was observed by the Senate in memory of the
seven members of the Columbia space shuttle.

The Journal of Thursday, January 30, 2003, was approved.

RECESS

On motion of Senator Iverson, the Senate recessed at 1:18 p.m.
until 4:00 p.m.

AFTERNOON SESSION

The Senate reconvened at 4:03 p.m., President Kramer presiding.


LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senator Larson, for the day, on request of Senator Iverson; and Senators Beall and
McCoy, until they return, on request of Senator Gronstal.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Joint Resolution 1.

Senate Joint Resolution 1

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

Senator Iverson 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 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.
WHEREAS, the State of Iowa has the honor of being the home of
the World Food Prize Foundation which annually presents an
international award recognizing outstanding individual achievement
in improving the quality, quantity, or availability of food in the world;
and
WHEREAS, Iowa’s unique State Capitol is an optimal location for
this awards ceremony of the World Food Prize Foundation and
previously served as the ceremony location; and
WHEREAS, wine is customarily served as an accompaniment to
the food and entertainment provided at this type of awards ceremony
and wine was served when the ceremony was previously held at the
State Capitol; and

WHEREAS, under 401 IAC 3.4(8), which prohibits the
consumption of alcoholic beverages on the capitol complex, it is not
possible to serve wine at this type of awards ceremony in the State
Capitol; NOW THEREFORE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE
OF IOWA:
Section 1. Notwithstanding 401 IAC 3.4(8) and any contrary
provisions of chapter 123, prohibiting the use and consumption of
alcoholic beverages in public places, wine may be used and consumed
within the state capitol at an awards ceremony, to be held on or
around October 16, 2003, hosted and organized in whole or in part by
the world food prize foundation if the person providing the food and
wine at the awards ceremony possesses an appropriate valid liquor
control license. For the purpose of this section and section 123.95, the
state capitol is a private place.

On the question “Shall the resolution be adopted?” (S.J.R. 1), the
vote was:

Yeas, 44:
Angelo Fraise Kramer Schuerer
Behn Gaskill Lamberti Seng
Black Gronstal Lundby Seymour
Boettger Hatch McKibben Shull
Bolkcom Horn McKinley Sievers
Connolly Hosch Miller Stewart
Courtney Houser Putney Tinsman
Dearden Iverson Quirmbach Veenstra
Dotzler Johnson Ragan Warnstadt
Drake Kettering Redfern Wieck
Dvorsky Kibbie Rehberg Zieman

 


Nays, 2:
Holveck Kreiman

 


Absent, 4:

Beall Brunkhorst Larson McCoy

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


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration House Concurrent Resolution 4.

House Concurrent Resolution 4

On motion of Senator Iverson, House Concurrent Resolution 4,
a concurrent resolution relating to joint rules of the Senate and
House of Representatives for the Eightieth General Assembly, with
report of committee recommending passage, was taken up for
consideration.

Senator Iverson moved the adoption of House Concurrent
Resolution 4, which motion prevailed by a voice vote.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Joint Resolution 1 and House Concurrent Resolution 4
be immediately messaged to the House.

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 February 3, 2003, passed the following bill in which the concurrence of
the Senate is asked:

House File 66, a bill for an act requiring motor vehicle operators
to take certain precautions when passing stationary utility
maintenance or municipal maintenance vehicles and making a
penalty applicable.

Read first time and referred to committee on Transportation.


ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 4:16 p.m.
until 8:30 a.m. Tuesday, February 4, 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:

February 3, 2003

DEPARTMENT FOR THE BLIND

Report on Purchase of Products with Recycled Content, Pursuant to Iowa Code
section 216B.3.

IOWA COUNTY ENGINEERS ASSOCIATION SERVICE BUREAU

Annual Report of Activities, pursuant to Iowa Code section 312.3.

IOWA JUDICIAL BRANCH

Enhanced Court Collections and Technology Fund Report — notification that the
report in electronic form is available online.

LEGISLATIVE FISCAL BUREAU

Summary of FY 2004 Budget and Governor’s Recommendations.

DEPARTMENT OF MANAGEMENT

Annual Report on Affirmative Action and Annual Governance Report on Diversity
Programs — notification that the report in electronic form is available online.

REPORT OF COMMITTEE MEETING

EDUCATION

Convened: February 3, 2003, 3:10 p.m.

Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking
Member; Beall, Behn, Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman, Quirmbach,
Redfern, and Rehberg.

Members Absent: Angelo and Larson (both excused).

Committee Business: Subcommittee assignment.

Adjourned: 3:20 p.m.

INTRODUCTION OF RESOLUTION

Senate Resolution 6, by Warnstadt, a resolution urging the
United States Congress to immediately enact legislation assisting
states and local governments in improving their first responder
networks.

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

INTRODUCTION OF BILLS

Senate File 74, by Black, a bill for an act relating to gambling on
excursion boats and at racetracks, by eliminating the ongoing
reauthorization requirement of a referendum permitting gambling
games and the cruise requirement for excursion gambling boats.

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

Senate File 75, by Connolly, a bill for an act relating to training
programs for adult volunteers who work with adolescent youths in
after school mentoring programs, and making an appropriation.

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

Senate File 76, by Zieman, a bill for an act relating to bond
issuance elections and authorizing a political subdivision to impose
an income surtax to partially fund the issuance of certain bonds.

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

Senate File 77, by Rehberg, a bill for an act making
appropriations from the general fund of the state for aviation.


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

Senate File 78, by Rehberg, a bill for an act making
appropriations from the general fund of the state for snowmobile and
all-terrain vehicle programs.

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

STUDY BILLS RECEIVED

SSB 1040 State Government

Transferring responsibility for establishing the state plumbing
code from the Iowa department of public health to the state building
code commissioner and providing an effective date.

SSB 1041 Transportation

Relating to enforcement of motor vehicle law provisions and
making penalties applicable.

SSB 1042 Commerce

Providing for the licensing and regulation of mortgage originators,
providing penalties, and providing an effective date.

SSB 1043 Judiciary

To prohibit unauthorized computer access to operational or
support data of a rural water district and providing a penalty.

SSB 1044 Judiciary

Relating to using an emergency exit to facilitate a theft, and
providing a penalty.


SSB 1045 Judiciary

Relating to statutory corrections which may adjust language to
reflect current practices, insert earlier omissions, delete redundancies
and inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities, and
including effective and retroactive applicability date provisions.

SSB 1046 Judiciary

Relating to nonsubstantive Code corrections and including
effective and retroactive applicability date provisions.

SUBCOMMITTEE ASSIGNMENTS

Senate Concurrent Resolution 1

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate Concurrent Resolution 3

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 49

STATE GOVERNMENT: Schuerer, Chair; Johnson and Ragan

Senate File 55

TRANSPORTATION: Putney, Chair; Drake and Fraise

Senate File 56

STATE GOVERNMENT: Tinsman, Chair; Connolly and Sievers

Senate File 62

TRANSPORTATION: Houser, Chair; Drake and Fraise

Senate File 63

STATE GOVERNMENT: Drake, Chair; Kibbie and Tinsman

Senate File 64

STATE GOVERNMENT: Johnson, Chair; Connolly and Veenstra


Senate File 67

COMMERCE: Schuerer, Chair; Behn and Bolkcom

Senate File 73

ECONOMIC GROWTH: McKinley, Chair; Dotzler and Veenstra

SSB 1040

STATE GOVERNMENT: Shull, Chair; Dearden and Sievers

SSB 1041

TRANSPORTATION: Shull, Chair; Beall and Putney

SSB 1042

COMMERCE: Sievers, Chair; Bolkcom and Wieck

SSB 1043

JUDICIARY: Kettering, Chair; Fraise and Miller

SSB 1044

JUDICIARY: Kettering, Chair; McCoy and McKibben

SSB 1045

JUDICIARY: Kreiman, Chair; Kettering and Larson

SSB 1046

JUDICIARY: Quirmbach, Chair; Putney and Tinsman

EXPLANATION OF VOTE

MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
February 3, 2003, when the vote was taken on Senate Joint Resolution 1. Had I been
present, I would have voted “Yea.”

DARYL BEALL

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