Senate Journal: Monday, February 10, 2003
JOURNAL OF THE SENATE
__________
TWENTY-NINTH CALENDAR DAY
SEVENTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, February 10, 2003
The Senate met in regular session at 1:09 p.m., President Kramer
presiding.
Prayer was offered by the Reverend Darran Whiting, pastor of the
Calvery Baptist Church in Coggon, Iowa. He was the guest of
Senator Lundby.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Senate Pages Susan
Hildebrand and Eva Sersland.
The Journal of Thursday, February 6, 2003, was approved.
COMMITTEE ON MEMORIALS
Senator Iverson moved that a committee of six be appointed to
ascertain the names of the deceased members of the Senate and that
the committee be authorized to appoint committees to prepare
suitable memorial resolutions.
The motion prevailed by a voice vote and the Chair announced the
appointment of Senators Drake, Chair; Hosch, Gaskill, Connolly,
Kibbie, and Beall.
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 6, 2003, passed the following bill in which the concurrence of
the Senate is asked:
House File 65, a bill for an act relating to motor vehicle operating
while intoxicated offenses.
Read first time and passed on file.
RECESS
On motion of Senator Iverson, the Senate recessed at 1:15 p.m.
until the completion of a meeting of the committee on Rules and
Administration.
RECONVENED
The Senate reconvened at 1:17 p.m., President Kramer presiding.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 1:18 p.m.
until 8:30 a.m. Tuesday, February 11, 2003.
APPENDIX
REPORT OF THE COMMITTEE ON
RULES AND ADMINISTRATION
The committee on Rules and Administration referred the following
Governor’s appointments to state boards, commissions, and
departments to Senate standing committees, as indicated for
investigation on February 10, 2003:
AGRICULTURE
Todd Scott - State Soil Conservation Committee
BUSINESS AND LABOR RELATIONS
Neil Barrick - Public Employment Relations Board
ECONOMIC GROWTH
Eugene Blanshan - Iowa Capital Investment Board
Burt Chojnowski - Iowa Capital Investment Board
Carol Garrett - Iowa Capital Investment Board
Cyril Mandelbaum - Iowa Capital Investment Board
Gordon Neumann - Iowa Capital Investment Board
Michael Blouin - Director of the Department of Economic Development
EDUCATION
Neala Arnold - State Board of Regents
HUMAN RESOURCES
Christine Boyken - Child Advocacy Board
Brian Michaelson - Child Advocacy Board
James Yeast - Healthy and Well Kids in Iowa (HAWK-I) Board
Ruth White - Director of the Department of Human Rights
Cathy Anderson - Mental Health and Developmental Disabilities Commission
Michael Bergan - Mental Health and Developmental Disabilities Commission
Lynn Ferrell - Mental Health and Developmental Disabilities Commission
Russell Finken - Mental Health and Developmental Disabilities Commission
William Gorman - Mental Health and Developmental Disabilities Commission
Jon Grate - Mental Health and Developmental Disabilities Commission
Jane Halliburton - Mental Health and Developmental Disabilities Commission
Mary Hughes - Mental Health and Developmental Disabilities Commission
Julie Jetter - Mental Health and Developmental Disabilities Commission
Linda Kellen - Mental Health and Developmental Disabilities Commission
Jacqueline Kibbie-Williams - Mental Health and Developmental Disabilities
Commission
Lannie Miller - Mental Health and Developmental Disabilities Commission
Lori Reynolds - Mental Health and Developmental Disabilities Commission
Brian Ridler - Mental Health and Developmental Disabilities Commission
Ronald Walls - Mental Health and Developmental Disabilities Commission
Kittie Weston-Knauer - Mental Health and Developmental Disabilities Commission
JUDICIARY
Frederick Morain - Iowa State Civil Rights Commission
Marvin Van Haaften - Drug Policy Coordinator
Terry Sweeney - Drug Policy Advisory Council
Barbara Binnie - Board of Parole
LOCAL GOVERNMENT
Wynema Morris - Iowa Lewis and Clark Bicentennial Commission
Michele Walker - Iowa Lewis and Clark Bicentennial Commission
NATURAL RESOURCES AND ENVIRONMENT
Jerry Peckumn - Environmental Protection Commission
STATE GOVERNMENT
Richard Johnson - Accountancy Examining Board
Jamie Howard - Commission on the Status of African-Americans
Lyle TeKippe - Engineering and Land Surveying Examining Board
Sheila Castaneda - IowAccess Advisory Council
Elaine Baxter - Lottery Board
Carla Eshelman - Board of Massage Therapy Examiners
Helen McNurlen - Board of Physical and Occupational Therapy Examiners
Patsy Hastings - Board of Podiatry Examiners
Kathryne Cutler - State Racing and Gaming Commission
Joyce Jarding - State Racing and Gaming Commission
Barbara Leestamper - Real Estate Appraiser Examining Board
James O’Neill - Real Estate Commission
Jeannette Adamski - Board of Speech Pathology and Audiology Examiners
Becky Vilda - Board of Speech Pathology and Audiology Examiners
John Cacciatore - Director of the Office for State-Federal Relations
Byron Coghlan - Commandant of the Iowa Veterans Home
Anne Duffy - Iowa Board of Veterinary Medicine
Ellen Kroc - Iowa Board of Veterinary Medicine
WAYS AND MEANS
Michael Ralston - Director of Revenue and Finance
David Erickson - State Board of Tax Review
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 10, 2003
DEPARTMENT OF NATURAL RESOURCES
Report to the Natural Resources Commission on the Classification and
Management of Iowa’s State Parks, State Recreation Areas, and State Preserves,
pursuant to Iowa Code section 455A.4.
DEPARTMENT OF PUBLIC HEALTH
Tobacco Use Prevention and Control Progress Report — notification that the report
in electronic form is available online.
TREASURER OF STATE
Linked Investments for Tomorrow Annual Report.
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Ryan Jesse, Roland — For achieving the rank of Eagle Scout. Senator Iverson
(2/10/03).
Kyle Robert Kehrli, Manchester — For achieving the rank of Eagle Scout. Senator
Rehberg (2/10/03).
Walter B. Stevens, Fort Dodge — For receiving the Iowa Newspaper Association
Distinguished Service Award. Senator Beall (2/10/03).
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: February 6, 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 Department of Personnel and the Iowa
Lottery Board.
Adjourned: 4:20 p.m.
APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT
Convened: February 6, 2003, 3:05 p.m.
Members Present: McKinley, Chair; Behn, Vice Chair; Dotzler, Ranking Member;
and Quirmbach.
Members Absent: Putney (excused).
Committee Business: Overview of the Governor’s budget recommendations by
Legislative Fiscal Bureau.
Adjourned: 3:45 p.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: February 6, 2003, 3:10 p.m.
Members Present: Schuerer, Chair; Kibbie and Shull.
Members Absent: Boettger, Vice Chair; and Horn, Ranking Member (both excused).
Committee Business: Presentation on community empowerment by the Department
of Management.
Adjourned: 4:10 p.m.
EDUCATION
Convened: February 10, 2003, 1:35 p.m.
Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking
Member; Beall, Behn, Brunkhorst, Holveck, Hosch, Kreiman, Larson, Quirmbach,
Redfern, and Rehberg.
Members Absent: Angelo and Dvorsky (both excused).
Committee Business: Presentation on the No Child Left Behind legislation.
Adjourned: 2:30 p.m.
RULES AND ADMINISTRATION
Convened: February 10, 2003, 1:15 p.m.
Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Courtney, Drake, Dvorsky, Gaskill, Putney, Ragan, and Sievers.
Members Absent: None.
Committee Business: Approved Governor’s appointments to state boards,
commissions, and departments.
Adjourned: 1:20 p.m.
TRANSPORTATION
Convened: February 10, 2003, 3:05 p.m.
Members Present: Drake, Chair; Putney, Vice Chair; McCoy, Ranking Member;
Beall, Dearden, Fraise, Houser, Johnson, Kettering, Rehberg, Shull, Warnstadt, and
Zieman.
Members Absent: None.
Committee Business: Passed HF 66.
Adjourned: 3:25 p.m.
INTRODUCTION OF RESOLUTIONS
Senate Resolution 9, by Holveck, Beall, Black, Bolkcom,
Connolly, Courtney, Dearden, Dotzler, Dvorsky, Fraise, Gronstal,
Hatch, Horn, Kibbie, Kreiman, McCoy, Quirmbach, Ragan, Seng,
Stewart, and Warnstadt, a resolution to honor former President
Jimmy Carter for winning the Nobel Peace Prize for the year 2002.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
Senate Resolution 10, by Shull and Quirmbach, a resolution to
recognize February 12, 2003, as City Day in the State of Iowa.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILLS
Senate File 107, by Johnson and Kibbie, a bill for an act
requiring every insurer offering group health insurance to provide
coverage for certain enteral formulas.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 108, by Rehberg, a bill for an act making interest on
bonds and notes issued for school infrastructure purposes exempt
from state income tax.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 109, by Connolly, a bill for an act relating to the
retirement allowance for an accidental disability under the statewide
fire and police retirement system.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 110, by Putney, a bill for an act authorizing the
issuance of special cattlemen’s registration plates to owners of motor
trucks.
Read first time under Rule 28 and referred to committee on
Transportation.
STUDY BILLS RECEIVED
SSB 1062 Ways and Means
Establishing a new economy employment initiative by providing
for a partial deduction under the individual income tax for the capital
gain from the sale or exchange of capital stock of a corporation
acquired by an individual on account of employment with the
corporation, limiting the fiscal impact of the partial deductions, and
including an effective and retroactive date provision.
SSB 1063 Judiciary
Requiring a physician to report certain burn injuries to the state
fire marshal’s office, and providing a penalty.
SSB 1064 Judiciary
Creating an exception to the statutory rule against perpetuities
and making related changes.
SUBCOMMITTEE ASSIGNMENTS
Senate File 88
JUDICIARY: Boettger, Chair; Kettering and McCoy
Senate File 89
JUDICIARY: Larson, Chair; Horn and Tinsman
Senate File 90
HUMAN RESOURCES: Tinsman, Chair; Horn and Seymour
Senate File 92
EDUCATION: Boettger, Chair; Connolly and McKinley
Senate File 105
HUMAN RESOURCES: McKinley, Chair; Behn and Kreiman
SSB 1062
WAYS AND MEANS: McKinley, Chair; Dotzler and Shull
SSB 1063
JUDICIARY: Tinsman, Chair; Quirmbach and Rehberg
SSB 1064
JUDICIARY: Larson, Chair; Holveck and Miller
COMMITTEE REPORT
TRANSPORTATION
Final Bill Action: 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.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Drake, Putney, McCoy, Beall, Dearden, Fraise, Houser,
Johnson, Kettering, Rehberg, Shull, Warnstadt, and Zieman. Nays, none. Absent,
none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
© 2003 Cornell College and
League of Women Voters of Iowa
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