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Senate Journal: Thursday, February 13, 2003

JOURNAL OF THE SENATE

__________

THIRTY-SECOND CALENDAR DAY
TWENTIETH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, February 13, 2003

The Senate met in regular session at 8:31 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Ron Riley, pastor of the
Christian Church in Logan, Iowa. He was the guest of Senator
Seymour.

The Journal of Wednesday, February 12, 2003, was approved.

Mr. Rick Powell of Logan vocally performed “I Pledge Allegiance to
the Lamb.”

RECESS

On motion of Senator Iverson, the Senate recessed at 8:40 a.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 8:44 a.m., President Kramer presiding.

INTRODUCTION OF RESOLUTION

Senate Resolution 11, by committee on Rules and
Administration, a resolution relating to gubernatorial appointments
and other appointments requiring Senate confirmation.

Read first time and placed on calendar.


COMMITTEE REPORT

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 11 (LSB 2393sv), a resolution relating to
gubernatorial appointments and other appointments requiring Senate confirmation.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Putney, Ragan, and Sievers. Nays, none. Absent, 1: Gaskill.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 11.

Senate Resolution 11

On motion of Senator Iverson, Senate Resolution 11, a
resolution relating to gubernatorial appointments and other
appointments requiring Senate confirmation, was taken up for
consideration.

Senator Iverson moved the adoption of Senate Resolution 11,
which motion prevailed by a voice vote.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 8:53 a.m.
until 1:00 p.m. Monday, February 17, 2003.


APPENDIX

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 12, 2003

DEPARTMENT FOR THE BLIND

Report of activities and recommendations — notification that the report in
electronic form is available online.

CERTIFICATES OF RECOGNITION

The Secretary of the Senate issued the following certificates of
recognition:

Tracy Cross, Norwalk — For being named on of Iowa’s top student volunteers in
the 2003 Prudential Spirit of Community Awards. Senator Shull (2/13/03).

William Jensen, Urbandale — For being named a recipient of the 2003 Time
Magazine Quality Dealer Award. Senator Holveck (2/13/03).

REPORTS OF COMMITTEE MEETINGS

GOVERNMENT OVERSIGHT

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

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

Members Absent: None.

Committee Business: Approved SSB 1059.

Recessed: 3:50 p.m.

Reconvened: February 13, 2003, 3:00 p.m.

Adjourned: 3:10 p.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES

Convened: February 12, 2003, 3:10 p.m.

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

Members Absent: Tinsman, Chair (excused).

Committee Business: Presentations on hunger in Iowa and on the Midwest Child
Care Research Consortium.

Adjourned: 4:20 p.m.

APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

Convened: February 12, 2003, 3:00 p.m.

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

Members Absent: Angelo, Vice Chair.

Committee Business: Presentations by representatives of Department of
Corrections.

Adjourned: 4:30 p.m.

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: February 12, 2003, 3:10 p.m.

Members Present: McKibben, Chair; Warnstadt, Ranking Member; Beall and
Kettering.

Members Absent: Lamberti, Vice Chair (excused).

Committee Business: Presentations regarding the FY 2004 budget and the Hungry
Canyon Alliance.

Adjourned: 4:15 p.m.

AGRICULTURE

Convened: February 13, 2003, 11:35 a.m.

Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Courtney, Houser, Johnson, Kibbie, Putney, Ragan, Seng, Veenstra, and
Zieman.

Members Absent: Black and Gaskill (both excused).

Committee Business: Presentations by representative of ABIL and the
owner/operator of Lanehaven Farms, Inc.

Adjourned: 12:25 p.m.

JUDICIARY

Convened: February 13, 2003, 10:35 a.m.

Members Present: Redfern, Chair; Larson, Vice Chair; Kreiman, Ranking Member;
Boettger, Fraise, Holveck, Horn, Kettering, Lamberti, McCoy, McKibben, Miller,
Putney, and Quirmbach.

Members Absent: Tinsman (excused).

Committee Business: Subcommittee assignments and approved SSB 1045 (as
amended).

Adjourned: 10:55 a.m.

RULES AND ADMINISTRATION

Convened: February 13, 2003, 8:35 a.m.

Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Courtney, Drake, Dvorsky, Putney, Ragan, and Sievers.

Members Absent: Gaskill (excused).

Committee Business: Passed SRs 7, 9, 10, and LSB 2393sv.

Adjourned: 8:40 a.m.

INTRODUCTION OF RESOLUTIONS

Senate Concurrent Resolution 4, by McCoy, a concurrent
resolution requesting that the legislative council create an interim
study committee relating to county consolidation.

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

Senate Resolution 12, by Holveck, Bolkcom, Connolly, Dvorsky,
Horn, Hatch, and Seng, a resolution regarding preemptive, unilateral
military action against Iraq.

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


INTRODUCTION OF BILLS

Senate File 134, by committee on Local Government, a bill for an
act relating to the various duties of the county treasurer.

Read first time under Rule 28 and placed on calendar.

Senate File 135, by Connolly, a bill for an act relating to bingo
games and games using pull-tab tickets conducted by qualified
organizations.

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

Senate File 136, by Connolly, a bill for an act establishing an
energy conservation program for school districts.

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

Senate File 137, by Putney, a bill for an act relating to the
exemption from the sales and use taxes of certain horses and certain
tangible personal property used in the raising of horses.

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

Senate File 138, by Houser, a bill for an act directing the mental
health and developmental disabilities commission to make
recommendations for redesigning the mental health and
developmental disabilities services system for adults and children
and providing an effective date.

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

Senate File 139, by Schuerer, a bill for an act relating to
elimination of the certificate of need provisions for certain new health
services.


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

Senate File 140, by Kibbie, Drake, and Courtney, a bill for an act
relating to eligible beneficiaries for a line of duty death benefit under
the statewide fire and police retirement system and providing
effective and applicability dates.

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

Senate File 141, by Schuerer, a bill for an act relating to the price
of products sold by state forest nurseries and state fish nurseries and
hatcheries.

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

Senate File 142, by Bolkcom, a bill for an act establishing a
courthouse security surcharge on criminal fines, creating a
courthouse security fund, making an appropriation of surcharge
moneys, and making related changes.

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

Senate File 143, by McCoy, a bill for an act providing for a study
on a deferred retirement option program for the statewide fire and
police retirement system and providing an effective date.

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

Senate File 144, by McCoy, a bill for an act increasing the tax
imposed on cigarettes.

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

Senate File 145, by Kreiman, a bill for an act limiting the tenure
of certain nonresident hunting licenses.

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

Senate File 146, by Kibbie, Courtney, Kreiman, Ragan, Fraise,
Stewart, and Beall, a bill for an act relating to the sale of gasoline,
including ethanol blended gasoline, providing for taxes on gasoline,
and providing for an effective date and applicability.

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

Senate File 147, by Sievers, a bill for an act providing for the
administration of funds for animal agriculture, including moneys
transferred from and deposited into these funds, and providing an
effective date.

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

Senate File 148, by Kreiman, Courtney, Kibbie, Stewart, and
Holveck, a bill for an act providing for the elimination of specified
school district budget guarantee provisions, and providing an
effective date.

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

Senate File 149, by Kreiman and Courtney, a bill for an act
relating to requirements for the disbursement of economic
development-related financial assistance by the department of
economic development.

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

Senate File 150, by committee on Government Oversight, a bill
for an act relating to government efficiency by providing for the
delivery of administrative services to state government,
establishment of common state 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.

Read first time under Rule 28 and placed on calendar.

SUBCOMMITTEE ASSIGNMENTS

Senate File 100

EDUCATION: Rehberg, Chair; Brunkhorst and Connolly

Senate File 103

EDUCATION: Behn, Chair; Holveck and Rehberg

Senate File 109

STATE GOVERNMENT: Schuerer, Chair; Connolly and Johnson

Senate File 112

EDUCATION: Rehberg, Chair; Connolly and McKinley

Senate File 113

ECONOMIC GROWTH: McKinley, Chair; Hatch and Larson

Senate File 122

EDUCATION: McKinley, Chair; Boettger and Connolly

Senate File 123

HUMAN RESOURCES: Boettger, Chair; Kreiman and Tinsman

Senate File 133

WAYS AND MEANS: McKinley, Chair; Dotzler and Rehberg

Senate File 136

EDUCATION: Brunkhorst, Chair; Dvorsky and Redfern


COMMITTEE REPORTS

GOVERNMENT OVERSIGHT

Final Bill Action: *SENATE FILE 150 (SSB 1059), a bill for an act relating to
government efficiency by providing for the delivery of administrative services to state
government, establishment of common state 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.

Recommendation: WITHOUT RECOMMENDATION.

Final Vote: Ayes, 5: Lundby, Brunkhorst, Courtney, Dvorsky, 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 Government Oversight Committee on Senate File 150,
and they were attached to the committee report.

LOCAL GOVERNMENT

Final Bill Action: *SENATE FILE 134 (formerly SF 57), a bill for an act relating to
the various duties of the county treasurer.

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 134, and
they were attached to the committee report.

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 7, a resolution supporting a proposal to
invite the Republic of China (Taiwan) to participate in the upcoming meeting of the
World Health Assembly as an observer.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Putney, Ragan, and Sievers. Nays, none. Absent, 1: Gaskill.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 9, a resolution to honor former President
Jimmy Carter for winning the Nobel Peace Prize for the year 2002.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Putney, Ragan, and Sievers. Nays, none. Absent, 1: Gaskill.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE RESOLUTION 10, a resolution to recognize February 12,
2003, as City Day in the state of Iowa.

Recommendation: DO PASS.

Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Putney, Ragan, and Sievers. Nays, none. Absent, 1: Gaskill.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR

The Secretary of the Senate submitted the following report:

MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bill has been enrolled, signed by the President of the Senate and the Speaker
of the House, and presented to the Governor for his approval on this 13th day of
February, 2003:

Senate File 36.

MICHAEL E. MARSHALL
Secretary of the Senate

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