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Senate Journal: Wednesday, February 12, 2003

JOURNAL OF THE SENATE

__________

THIRTY-FIRST CALENDAR DAY
NINETEENTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Wednesday, February 12, 2003

The Senate met in regular session at 8:34 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Bill Steward, pastor of the
Grace United Methodist Church in Des Moines, Iowa. He was the
guest of Senator Sievers.

The Journal of Tuesday, February 11, 2003, was approved.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Concurrent Resolution 2.

Senate Concurrent Resolution 2

On motion of Senator Iverson, Senate Concurrent Resolution 2,
a concurrent resolution relating to the compensation of chaplains,
officers and employees of the eightieth general assembly, was taken
up for consideration.

Senator Iverson moved the adoption of Senate Concurrent
Resolution 2, which motion prevailed by a voice vote.

IMMEDIATELY MESSAGED

Senator Iverson asked and received unanimous consent that
Senate Concurrent Resolution 2 be immediately messaged to
the House.


RECESS

On motion of Senator Iverson, the Senate recessed at 8:43 a.m.
until 11:45 a.m.

RECONVENED

The Senate reconvened at 11:46 a.m., President Kramer presiding.

ADJOURNMENT

On motion of Senator Boettger, the Senate adjourned at 11:51 a.m.
until 8:30 a.m. Thursday, February 13, 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 12, 2003

DEPARTMENT OF HUMAN SERVICES

Mental Health and Developmental Disabilities Commission Annual and Biennial
Report, pursuant to Iowa Code section 225C.6.

AGENCY ICN REPORT

DEPARTMENT OF PERSONNEL

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

REPORTS OF COMMITTEE MEETINGS

GOVERNMENT OVERSIGHT

Convened: February 11, 2003, 3:00 p.m.

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

Members Absent: None.

Committee Business: Discussion regarding the Program Elimination Commission
recommendations.

Adjourned: 4:40 p.m.

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: February 11, 2003, 3:05 p.m.

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

Members Absent: None.


Committee Business: Presentation by representatives of the Department of Revenue
and Finance.

Adjourned: 4:30 p.m.

APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
RESOURCES

Convened: February 11, 2003, 3:05 p.m.

Members Present: Gaskill, Chair; Houser, Vice Chair; Black, Ranking Member; Seng
and Seymour.

Members Absent: None.

Committee Business: Presentations by Department of Agriculture regarding the
FY 2004 budget, pseudorabies, and Exotic Newcastle disease.

Adjourned: 3:30 p.m.

APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

Convened: February 11, 2003, 3:05 p.m.

Members Present: Schuerer, Chair; Boettger, Vice Chair; Horn, Ranking Member;
Kibbie and Shull.

Members Absent: None.

Committee Business: Overview by the Legislative Fiscal Bureau regarding the
FY 2004 budget and Governor’s recommendations.

Adjourned: 3:40 p.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES

Convened: February 11, 2003, 3:05 p.m.

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

Members Absent: Tinsman, Chair (excused).

Committee Business: Presentations by various representatives of the Department of
Human Services.

Adjourned: 4:35 p.m.

APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

Convened: February 11, 2003, 3:00 p.m.


Members Present: Miller, Chair; Fraise, Ranking Member; Hosch and Kreiman.

Members Absent: Angelo, Vice Chair.

Committee Business: Presentations by the Office of the State Public Defender and
the Department of Corrections.

Adjourned: 4:35 p.m.

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: February 11, 2003, 3:10 p.m.

Members Present: Beall and Kettering.

Members Absent: McKibben, Chair; Lamberti, Vice Chair; and Warnstadt, Ranking
Member (all excused).

Committee Business: Presentations by the Department of General Services and
Iowa Public Television.

Adjourned: 4:20 p.m.

BUSINESS AND LABOR RELATIONS

Convened: February 12, 2003, 10:10 a.m.

Members Present: Schuerer, Chair; Dearden, Ranking Member; Courtney, Dotzler,
Horn, Johnson, Kettering, Seymour, and Wieck.

Members Absent: Lundby, Vice Chair; and McKibben (both excused).

Committee Business: Subcommittee assignments.

Adjourned: 10:15 a.m.

LOCAL GOVERNMENT

Convened: February 12, 2003, 10:30 a.m.

Members Present: Gaskill, Chair; Miller, Vice Chair; Quirmbach, Ranking Member;
Angelo, Hatch, Hosch, Houser, Kreiman, McCoy, Rehberg, Seymour, Stewart, and
Wieck.

Members Absent: None.

Committee Business: Passed SFs 7 and 57.

Adjourned: 11:00 a.m.


STATE GOVERNMENT

Convened: February 12, 2003, 10:35 a.m.

Members Present: Zieman, Chair; Sievers, Vice Chair; Kibbie, Ranking Member;
Black, Courtney, Dearden, Drake, Johnson, Lamberti, Ragan, Schuerer, Shull, and
Veenstra.

Members Absent: Connolly and Tinsman (both excused).

Committee Business: Approved Governor’s appointees.

Adjourned: 10:45 a.m.

WAYS AND MEANS

Convened: February 12, 2003, 2:05 p.m.

Members Present: McKibben, Chair; Shull, Vice Chair; Bolkcom, Ranking Member;
Angelo, Connolly, Dotzler, Hosch, Lamberti, McCoy, McKinley, Miller, Quirmbach,
Rehberg, Seng, Sievers, and Stewart.

Members Absent: Larson (excused).

Committee Business: Discussion of SF 41.

Adjourned: 2:55 p.m.

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: February 12, 2003, 3:05 p.m.

Members Present: Zieman, Chair; Sievers, Vice Chair; Rehberg and Stewart.

Members Absent: Holveck, Ranking Member (excused).

Committee Business: Presentations by Chet Culver, Secretary of State, and by
Ethics and Campaign Disclosure Board.

Adjourned: 4:00 p.m.

APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
RESOURCES

Convened: February 12, 2003, 3:05 p.m.

Members Present: Gaskill, Chair; Houser, Vice Chair; Black, Ranking Member; Seng
and Seymour.

Members Absent: None.


Committee Business: Presentation by Jeffrey Vonk, Director of Department of
Natural Resources.

Adjourned: 3:40 p.m.

INTRODUCTION OF BILLS

Senate File 120, by Connolly, a bill for an act establishing a grant
process to provide school districts with resources to implement
volunteer student mentoring pilot projects, making an appropriation,
and providing emergency rulemaking authority.

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

Senate File 121, by Connolly, a bill for an act relating to the
establishment of a smaller learning communities pilot program for
school districts and making an appropriation.

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

Senate File 122, by Bolkcom and Connolly, a bill for an act
relating to the annual designation of a “state of Iowa theater” by the
Iowa arts council and the governor.

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

Senate File 123, by Boettger and Fraise, a bill for an act relating
to anatomical gifts including bone marrow and organ donation by
state employees and grants from the anatomical gift public awareness
and transplantation fund.

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

Senate File 124, by Houser, a bill for an act relating to local
government financing, including local government fiscal reform,
authority for bonding, and the percentage of actual value at which
residential property is assessed, and including a retroactive
applicability date provision.

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

Senate File 125, by Lundby, a bill for an act relating to funding
for nongame wildlife programs by increasing the fees for special
natural resources motor vehicle registration plates.

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

Senate File 126, by Zieman, a bill for an act relating to all-terrain
vehicle use for agricultural purposes by children under sixteen years
of age.

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

Senate File 127, by Gronstal and Iverson, a bill for an act
establishing a special breast cancer awareness motor vehicle
registration plate and appropriating fees from such plates for breast
cancer screening.

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

Senate File 128, by Black, a bill for an act relating to
condemnation of agricultural land for recreational trails.

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

Senate File 129, by Houser, a bill for an act establishing a
commission on state and local taxation.

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

Senate File 130, by committee on Local Government, a bill for an
act relating to controlled burns of demolished buildings.

Read first time under Rule 28 and placed on calendar.

Senate File 131, by Kibbie, a bill for an act relating to the
operation of all-terrain vehicles in cities of a certain size, providing a
fee, and making penalties applicable.

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

Senate File 132, by Lundby, a bill for an act relating to
procedures and services relating to dependent adults and at-risk
older adults.

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

Senate File 133, by Shull, a bill for an act authorizing cities to
impose park impact fees.

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

STUDY BILLS RECEIVED

SSB 1070 Commerce

Relating to the taxation of utilities, including establishment of a
natural gas delivery tax rate for new electric power generating
plants, establishment of a replacement transmission tax for certain
municipal utilities, methods of allocation of replacement generation
tax incurred by certain new stand-alone electric power generating
plants, a formula for determining taxable value for property
generating replacement tax annually, extending the task force, and
providing for applicability.

SSB 1071 Ways and Means

Relating to the establishment of tax credits for income tax,
franchise tax, premiums tax, and moneys and credits tax for
businesses contributing to child care benefits for employees and
including effective and applicability date provisions.


SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 10

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 81

TRANSPORTATION: Drake, Chair; McCoy and Putney

Senate File 95

TRANSPORTATION: Drake, Chair; McCoy and Putney

Senate File 106

TRANSPORTATION: Drake, Chair; McCoy and Putney

Senate File 111

WAYS AND MEANS: Rehberg, Chair; Dotzler and McKinley

Senate File 115

WAYS AND MEANS: Larson, Chair; Connolly and Miller

Senate File 116

APPROPRIATIONS: Lamberti, Chair; Black and Kramer

Senate File 118

APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer

Senate File 120

EDUCATION: McKinley, Chair; Connolly and Rehberg

Senate File 121

EDUCATION: Boettger, Chair; Hosch and Kreiman

Senate File 127

TRANSPORTATION: Drake, Chair; Rehberg and Warnstadt

SSB 1070

COMMERCE: Schuerer, Chair; Bolkcom and Redfern


SSB 1071

WAYS AND MEANS: Angelo, Chair; McCoy and McKinley

LSB 2393sv

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

COMMITTEE REPORT

LOCAL GOVERNMENT

Final Bill Action: *SENATE FILE 130 (formerly SF 7), a bill for an act relating to
controlled burns of demolished buildings.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Gaskill, Miller, Quirmbach, Angelo, Hatch, Hosch, Houser,
Kreiman, McCoy, Rehberg, Seymour, Stewart, and Wieck. Nays, none. Absent, none.

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 Local Government Committee on Senate File 130, and
they were attached to the committee report.

GOVERNOR’S APPOINTEES PLACED ON
EN BLOC CALENDAR

The following appointees, assigned to standing committees for
investigation, were placed on the En Bloc Calendar with
recommendation for confirmation:

STATE GOVERNMENT

Richard Johnson - Accountancy Examining Board

Elaine Baxter - Lottery Board

Jeannette Adamski - Board of Speech Pathology and Audiology Examiners
Becky Vilda - Board of Speech Pathology and Audiology Examiners

Byron Coghlan - Commandant of the Iowa Veterans Home

AMENDMENT FILED

S-3008 S.F. 97 Richard F. Drake
Steven H. Warnstadt

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