Senate Journal: Thursday, February 6, 2003
JOURNAL OF THE SENATE
__________
TWENTY-FIFTH CALENDAR DAY
SIXTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, February 6, 2003
The Senate met in regular session at 8:32 a.m., President Kramer
presiding.
Prayer was offered by the Honorable Ken Veenstra, member of the
Senate from Sioux County, Orange City, Iowa.
The Journal of Wednesday, February 5, 2003, was approved.
BILL REASSIGNED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate File 79 be reassigned from the committee on State
Government to the committee on Business and Labor Relations.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator McKinley, for the day, on request of Senator Veenstra; Senators Houser
and Tinsman, until they arrive, on request of Senator Iverson; and Senators Holveck
and Kreiman, until they arrive, on request of Senator Gronstal.
HOUSE AMENDMENT CONSIDERED
Senate File 36
Senator Lamberti called up for consideration 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, amended by the
House, and moved that the Senate concur in House amendment
S-3007, filed January 29, 2003.
The motion prevailed by a voice vote and the Senate concurred in
the House amendment.
Senator Lamberti 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. 36), the vote was:
Yeas, 45:
|
Angelo | Dvorsky | Lamberti | Seng |
|
Beall | Fraise | Larson | Seymour |
|
Behn | Gaskill | Lundby | Shull |
|
Black Gronstal McCoy Sievers
Boettger Hatch McKibben Stewart
Bolkcom Horn Miller Veenstra
Brunkhorst Hosch Putney Warnstadt
Connolly Iverson Quirmbach Wieck
Courtney Johnson Ragan Zieman
Dearden Kettering Redfern
Dotzler Kibbie Rehberg
Drake Kramer Schuerer
|
Nays, none.
Absent, 5:
Holveck Kreiman Tinsman
Houser McKinley
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 8.
Senate Resolution 8
On motion of Senator Iverson, Senate Resolution 8, a resolution
to recognize February 6 as Ronald Reagan Day in the State of Iowa,
was taken up for consideration.
Senator Iverson moved the adoption of Senate Resolution 8, which
motion prevailed by a voice vote.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 1.
Senate Concurrent Resolution 1
On motion of Senator Iverson, Senate Concurrent Resolution 1,
a concurrent resolution relating to the federal Medicare program and
requesting assistance from the federal government, with report of
committee recommending passage, was taken up for consideration.
Senator Iverson moved the adoption of Senate Concurrent
Resolution 1, which motion prevailed by a voice vote.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 3.
Senate Concurrent Resolution 3
On motion of Senator Iverson, Senate Concurrent Resolution 3,
a resolution requesting the establishment of standing Senate and
House subcommittees on veteran affairs, with report of committee
recommending passage, was taken up for consideration.
Senator Iverson moved the adoption of Senate Concurrent
Resolution 3, which motion prevailed by a voice vote.
CONSIDERATION OF RESOLUTIONS
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolutions 3 and 4.
Senate Resolution 3
On motion of Senator Drake, Senate Resolution 3, a resolution
relating to the Senate Code of Ethics governing the conduct of
members of the Senate in relation to their senatorial duties during
the Eightieth General Assembly, was taken up for consideration.
Senator Drake moved the adoption of Senate Resolution 3, which
motion prevailed by a voice vote.
Senate Resolution 4
On motion of Senator Drake, Senate Resolution 4, a resolution
relating to the Senate Rules Governing Lobbyists and their
interactions with the Senate and members of the Senate during the
Eightieth General Assembly, was taken up for consideration.
Senator Drake moved the adoption of Senate Resolution 4, which
motion prevailed by a voice vote.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate File 36 and Senate Concurrent Resolutions 1 and 3 be
immediately messaged to the House.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 8:58 a.m.
until 1:00 p.m. Monday, February 10, 2003.
APPENDIX
APPOINTMENTS
The following appointees were submitted to the Secretary of the
Senate for Senate confirmation (all appointees are submitted as
members unless otherwise specified):
BY THE GOVERNOR
TERM
ACCOUNTANCY EXAMINING BOARD (Sec. 542C)
Richard Johnson, Sheldahl 01/02/2003 - 04/30/2003
COMMISSION ON THE STATUS OF AFRICAN-AMERICANS (Sec. 216A.142)
Jamie Howard, Davenport 06/27/2002 - 04/30/2004
IOWA CAPITAL INVESTMENT BOARD (Sec. 15E.223)
Eugene Blanshan, Panora 06/04/2002 - 04/30/2005
Burt Chojnowski, Fairfield 06/04/2002 - 04/30/2004
Carol Garrett, Bettendorf 06/04/2002 - 04/30/2003
Cyril Mandelbaum, West Des Moines 06/04/2002 - 04/30/2007
Gordon Neumann, Des Moines 06/04/2002 - 04/30/2006
CHILD ADVOCACY BOARD (Sec. 237.16)
Christine Boyken, Britt 07/01/2002 - 04/30/2006
Brian Michaelson, Sioux City 07/01/2002 - 04/30/2006
IOWA STATE CIVIL RIGHTS COMMISSION (Sec. 216.3)
Frederick Morain, Jefferson 09/27/2002 - 04/30/2005
DRUG POLICY COORDINATOR (Sec. 80E.1)
Marvin Van Haaften, Pella 01/28/2003 - Pleasure of the Governor
DRUG POLICY ADVISORY COUNCIL (Sec. 80E.2)
Terry Sweeney, Granger 05/01/2002 - 04/30/2006
DIRECTOR OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT (Sec. 15.105)
Michael Blouin, Des Moines 01/16/2003 - Pleasure of the Governor
ENGINEERING AND LAND SURVEYING EXAMINING BOARD (Sec. 542B.3)
Lyle TeKippe, West Union 09/12/2002 - 04/30/2005
ENVIRONMENTAL PROTECTION COMMISSION (Sec. 455A.6)
Jerry Peckumn, Jefferson 10/04/2002 - 04/30/2003
HEALTHY AND WELL KIDS IN IOWA (HAWK-I) BOARD (Sec. 514I.4)
James Yeast, Dubuque 05/28/2002 - 04/30/2005
DIRECTOR OF THE DEPARTMENT OF HUMAN RIGHTS (Sec. 216A.2)
Ruth White, Cedar Rapids 04/01/2003 - Pleasure of the Governor
IOWACCESS ADVISORY COUNCIL (Sec. 14B.201)
Sheila Castaneda, Dubuque 05/24/2002 - 04/30/2004
IOWA LEWIS AND CLARK BICENTENNIAL COMMISSION (Sec. 15.221)
Wynema Morris, Walthill, NE 11/13/2002 - 04/30/2003
Michele Walker, Red Oak 01/03/2003 - 04/30/2003
LOTTERY BOARD (Sec. 99E.5)
Elaine Baxter, Burlington 05/01/2002 - 04/30/2003
BOARD OF EXAMINERS FOR MASSAGE THERAPY (Sec. 147.14(17))
Carla Eshelman, Des Moines 07/09/2002 - 04/30/2004
MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES COMMISSION
(Sec. 225C.5(1))
Cathy Anderson, Des Moines 11/01/2002 - 04/30/2005
Michael Bergan, Decorah 11/01/2002 - 04/30/2005
Lynn Ferrell, Urbandale 11/01/2002 - 04/30/2006
Russell Finken, Glenwood 11/01/2002 - 04/30/2004
William Gorman, Solon 11/01/2002 - 04/30/2006
Jon Grate, Davenport 11/01/2002 - 04/30/2004
Jane Halliburton, Ames 11/01/2002 - 04/30/2006
Mary Hughes, Kalona 11/01/2002 - 04/30/2004
Julie Jetter, Independence 11/01/2002 - 04/30/2006
Linda Kellen, Sioux City 11/01/2002 - 04/30/2005
Jacqueline Kibbie-Williams, Sheldon 11/01/2002 - 04/30/2005
Lannie Miller, West Bend 11/01/2002 - 04/30/2005
Lori Reynolds, Anamosa 11/01/2002 - 04/30/2004
Brian Ridler, Woodward 11/01/2002 - 04/30/2004
Ronald Walls, Clear Lake 11/01/2002 - 04/30/2006
Kittie Weston-Knauer, Des Moines 11/01/2002 - 04/30/2004
BOARD OF PAROLE (Sec. 904A.1-3)
Barbara Binnie, Des Moines 06/10/2002 - 04/30/2005
BOARD OF PHYSICAL AND OCCUPATIONAL THERAPY EXAMINERS
(Sec. 147.14(10))
Helen McNurlen, Grinnell 06/03/2002 - 04/30/2003
BOARD OF PODIATRY EXAMINERS (147.14(1A))
Patsy Hastings 06/03/2002 - 04/30/2005
PUBLIC EMPLOYMENT RELATIONS BOARD (Sec. 20.5)
Neil Barrick, Johnston 01/31/2003 - 04/30/2004
STATE RACING AND GAMING COMMISSION (Sec. 99D.5)
Kathryne Cutler, Honey Creek 06/04/2002 - 04/30/2005
Joyce Jarding, Farley 09/02/2002 - 04/30/2003
REAL ESTATE APPRAISER EXAMINING BOARD (Sec. 543D.4)
Barbara Leestamper, Waterloo 08/01/2002 - 04/30/2003
REAL ESTATE COMMISSION (Sec. 543B.8)
James O’Neill, Council Bluffs 10/30/2002 - 04/30/2005
STATE BOARD OF REGENTS (Sec. 262.1-2)
Neala Arnold, Bettendorf 06/25/2002 - 04/30/2003
DIRECTOR OF REVENUE AND FINANCE (Sec. 421.2)
Michael Ralston, Nevada 02/17/2003 - Pleasure of the Governor
STATE SOIL CONSERVATION COMMITTEE (Sec. 161A.4)
Todd Scott, Iowa City 08/01/2002 - 04/30/2003
BOARD OF SPEECH PATHOLOGY AND AUDIOLOGY EXAMINERS (Sec. 147.14(9))
Jeannette Adamski, Mason City 09/23/2002 - 04/30/2005
Becky Vilda, Iowa City 10/18/2002 - 04/30/2003
DIRECTOR OF THE OFFICE FOR STATE-FEDERAL RELATIONS (Sec. 7F.1)
John Cacciatore, Des Moines 01/17/2003 - Pleasure of the Governor
STATE BOARD OF TAX REVIEW (Sec. 421.1)
David Erickson, West Des Moines 11/01/2002 - 04/30/2005
COMMANDANT OF THE IOWA VETERANS HOME (Sec. 35D.13)
Byron Coghlan, Marshalltown 12/09/2002 - Pleasure of the Governor
IOWA BOARD OF VETERINARY MEDICINE (Sec. 169.5)
Anne Duffy, Cedar Rapids 05/22/2002 - 04/30/2003
Ellen Kroc, Ames 11/15/2002 - 04/30/2005
The appointments were referred to the committee on Rules and
Administration.
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:
February 6, 2003
DEPARTMENT OF MANAGEMENT
Statement of Standing Appropriations, pursuant to Iowa Code section 8.6.
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Jerry and Shirley Burke, Madrid - For celebrating your 50th wedding anniversary
on February 8, 2003. Senator Quirmbach (2/6/03).
Bill and Carolyn Guigli, Madrid - For celebrating your 50th wedding anniversary
on February 7, 2003. Senator Quirmbach (2/6/03).
Randall Dennis Kasparbauer, Manning - For achieving the rank of Eagle Scout.
Senator Kettering (2/6/03).
Joe and Dora Romitti, Madrid - For celebrating your 50th wedding anniversary on
February 8, 2003. Senator Quirmbach (2/6/03).
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES
Convened: February 4, 2003, 3:10 p.m.
Members Present: Tinsman, Chair; Johnson, Vice Chair; Hatch, Ranking Member;
Bolkcom and Veenstra.
Members Absent: None.
Committee Business: Overview of the Medicaid program by the Legislative Fiscal
Bureau.
Adjourned: 4:50 p.m.
GOVERNMENT OVERSIGHT
Convened: February 5, 2003, 3:05 p.m.
Members Present: Lundby, Chair; Brunkhorst, Vice Chair; Courtney, Ranking
Member; Dvorsky and Wieck.
Members Absent: None.
Committee Business: Overview and discussion of the Program Elimination
Commission bill and subcommittee work. Presentation by Treasurer’s office regarding
the Senior Living Trust.
Adjourned: 4:10 p.m.
WAYS AND MEANS
Convened: February 5, 2003, 2:05 p.m.
Members Present: McKibben, Chair; Shull, Vice Chair; Bolkcom, Ranking Member;
Angelo, Connolly, Dotzler, Hosch, Miller, Quirmbach, Seng, Sievers, and Stewart.
Members Absent: Lamberti, Larson, McCoy, McKinley, and Rehberg (all excused).
Committee Business: Presentations by the Department of Revenue and Finance.
Adjourned: 2:30 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: February 5, 2003, 3:55 p.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member;
Rehberg and Stewart.
Members Absent: None.
Committee Business: Presentations by the Department of Personnel and the Iowa
Lottery Board.
Adjourned: 4:20 p.m.
APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
RESOURCES
Convened: February 5, 2003, 3:05 p.m.
Members Present: Gaskill, Chair; Black, Ranking Member; Seng and Seymour.
Members Absent: Houser, Vice Chair (excused).
Committee Business: Presentations by Ron Rowland, Department of Agriculture
and Land Stewardship, on milk regulation and by Wayne Gieselman, Department of
Natural Resources, on animal confinement operations.
Adjourned: 4:05 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: February 5, 2003, 3:05 p.m.
Members Present: Behn, Vice Chair; Dotzler, Ranking Member; Putney and
Quirmbach.
Members Absent: McKinley, Chair (excused).
Committee Business: Presentation by the Department of Economic Development.
Adjourned: 4:00 p.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: February 5, 2003, 3:10 p.m.
Members Present: Schuerer, Chair; Boettger, Vice Chair; Horn, Ranking Member;
Kibbie and Shull.
Members Absent: None.
Committee Business: Presentation regarding the condition of community colleges.
Adjourned: 4:50 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES
Convened: February 5, 2003, 3:15 p.m.
Members Present: Tinsman, Chair; Johnson, Vice Chair; Hatch, Ranking Member;
Bolkcom and Veenstra.
Members Absent: None.
Committee Business: Presentation by Department of Human Services on the
Medicaid program.
Adjourned: 5:00 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: February 5, 2003, 3:10 p.m.
Members Present: Miller, Chair; Angelo, Vice Chair; Fraise, Ranking Member;
Hosch and Kreiman.
Members Absent: None.
Committee Business: Presentations by Iowa Law Enforcement Academy and Iowa
Communications Network.
Adjourned: 4:40 p.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS
Convened: February 5, 2003, 3:05 p.m.
Members Present: McKibben, Chair; Warnstadt, Ranking Member; Beall and
Kettering.
Members Absent: Lamberti, Vice Chair (excused).
Committee Business: Presentation by Department of Agriculture and Land
Stewardship regarding the Soil Conservation Division.
Adjourned: 4:20 p.m.
AGRICULTURE
Convened: February 6, 2003, 2:05 p.m.
Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Black, Gaskill, Houser, Johnson, Kibbie, Putney, Ragan, Seng, Veenstra, and
Zieman.
Members Absent: Courtney (excused).
Committee Business: Presentation by Department of Agriculture regarding
homeland security.
Adjourned: 2:30 p.m.
NATURAL RESOURCES AND ENVIRONMENT
Convened: February 6, 2003, 2:35 p.m.
Members Present: Houser, Chair; Seng, Ranking Member; Black, Bolkcom,
Brunkhorst, Drake, Holveck, Kettering, Kibbie, and Zieman.
Members Absent: Johnson, Vice Chair; Dearden, Lundby, Miller, and Wieck (all
excused).
Committee Business: Presentation regarding the Enviro-Kleen oil filter system.
Adjourned: 3:00 p.m.
INTRODUCTION OF BILLS
Senate File 98, by Dvorsky and Holveck, a bill for an act relating
to manufactured and mobile homes by providing for tenants’ rights
and safety.
Read first time under Rule 28 and referred to committee on Local
Government.
Senate File 99, by Veenstra, a bill for an act relating to insurance
fraud, and providing civil remedies.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 100, by Connolly, a bill for an act relating to
advanced placement award programs and providing for the
appropriation of moneys.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 101, by Tinsman, a bill for an act increasing the
exemption for pension and retirement income, including social
security benefits, for purposes of state individual income tax and
providing an applicability date.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 102, by committee on State Government, a bill for an
act relating to the chief executive officer of the Iowa public employees’
retirement system and providing an effective and retroactive
applicability date.
Read first time under Rule 28 and placed on calendar.
Senate File 103, by Lundby, a bill for an act relating to the age of
enrollment for kindergarten programs.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 104, by Kreiman and Angelo, a bill for an act relating
to the establishment of multicounty jails, and making an
appropriation.
Read first time under Rule 28 and referred to committee on Local
Government.
Senate File 105, by Bolkcom, Dvorsky, Quirmbach, Hatch,
Holveck, Lundby, Dotzler, Dearden, Black, Seng, McCoy, Horn, and
Connolly, a bill for an act regarding 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
Human Resources.
Senate File 106, by Bolkcom, Dotzler, and Hatch, a bill for an act
relating to collecting and disseminating information concerning motor
vehicle stops.
Read first time under Rule 28 and referred to committee on
Transportation.
STUDY BILLS RECEIVED
SSB 1059 Government Oversight
Relating to government efficiency by providing for the delivery of
administrative services to state government, establishment of
common states services regional boundaries, revising medical
assistance program eligibility and benefits provisions, improving
coordination of veterans benefits eligibility determinations, requiring
a comprehensive study of the state mental health institutes, and
revising requirements involving the judicial district departments of
correctional services, and providing effective dates.
SSB 1060 Education
Relating to the use of physical plant and equipment levy revenue,
and providing an effective date.
SSB 1061 Commerce
Increasing the surcharge for certain dishonored negotiable
instruments.
SUBCOMMITTEE ASSIGNMENTS
Senate File 71
STATE GOVERNMENT: Tinsman, Chair; Courtney and Johnson
Senate File 74
STATE GOVERNMENT: Tinsman, Chair; Black and Sievers
Senate File 79
BUSINESS AND LABOR RELATIONS: Lundby, Chair; Dearden and Kettering
Senate File 93
WAYS AND MEANS: Larson, Chair; Connolly and McKibben
Senate File 101
WAYS AND MEANS: Rehberg, Chair; Seng and Shull
SSB 1059
GOVERNMENT OVERSIGHT: Lundby, Chair; Brunkhorst, Courtney, and Wieck
SSB 1060
EDUCATION: Beall, Chair; Behn and Boettger
SSB 1061
COMMERCE: Warnstadt, Chair; Kettering and Larson
EXPLANATION OF VOTES
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
February 6, 2003, when the vote was taken on Senate File 36. Had I been present, I
would have voted "Yea."
PAUL McKINLEY
ALSO:
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
February 6, 2003, when the vote was taken on Senate File 36. Had I been present, I
would have voted "Yea."
MAGGIE TINSMAN
COMMITTEE REPORT
STATE GOVERNMENT
Final Bill Action: *SENATE FILE 102 (SSB 1011), a bill for an act relating to the
chief executive officer of the Iowa public employees’ retirement system and providing
an effective and retroactive applicability date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Ragan, Shull, Tinsman, and Veenstra. Nays, 1: Schuerer. Absent, 1:
Lamberti.
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 State Government Committee on Senate File 102, and
they were attached to the committee report.
© 2003 Cornell College and
League of Women Voters of Iowa
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