Senate Journal: Tuesday, February 18, 2003
JOURNAL OF THE SENATE
__________
THIRTY-SEVENTH CALENDAR DAY
TWENTY-SECOND SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, February 18, 2003
The Senate met in regular session at 8:31 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Herb Shafer, pastor of the
First United Methodist Church in Clinton, Iowa. He was the guest of
Senators Sievers and Stewart.
The Journal of Monday, February 17, 2003, was approved.
BILL REFERRED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate File 150 be referred from the Regular Calendar to the
committee on State Government.
RECESS
On motion of Senator Iverson, the Senate recessed at 8:38 a.m.
until 11:45 a.m.
RECONVENED
The Senate reconvened at 11:49 a.m., President Pro Tempore
Angelo presiding.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 11:55 a.m.
until 8:30 a.m. Wednesday, February 19, 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 17, 2003
DEPARTMENT OF HUMAN RIGHTS
Iowa Criminal and Juvenile Justice Plan 2003 Update - notification that the report
in electronic form is available online.
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Iva French, Nevada - For celebrating your 103rd birthday on February 14, 2003.
Senator Iverson (2/18/03).
Kenneth and Norma Hill, Dows - For celebrating your 50th wedding anniversary on
February 18, 2003. Senator Iverson (2/18/03).
Brad Klug, Fort Dodge - For being elected President of the Coalition of Family and
Children’s Services. Senator Beall (2/18/03).
Agnes Sybesma, Orange City - For celebrating your 90th birthday on February 7,
2003. Senator Veenstra (2/18/03).
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: February 17, 2003, 4:05 p.m.
Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Courtney, Houser, Kibbie, Putney, Ragan, Seng, Veenstra, and Zieman.
Members Absent: Black, Gaskill, and Johnson (all excused).
Committee Business: Approved Governor’s appointee and approved SSB 1065.
Adjourned: 4:15 p.m.
EDUCATION
Convened: February 17, 2003, 3:10 p.m.
Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking
Member; Angelo, Beall, Behn, Brunkhorst, Dvorsky, Hosch, Kreiman, Larson,
Quirmbach, Redfern, and Rehberg.
Members Absent: Holveck (excused).
Committee Business: Presentation by Superintendent of Des Moines Public Schools.
Adjourned: 4:00 p.m.
ECONOMIC GROWTH
Convened: February 18, 2003, 2:00 p.m.
Members Present: Rehberg, Chair; Shull, Vice Chair; Hatch, Ranking Member;
Beall, Boettger, Dotzler, McKinley, Putney, Seymour, and Stewart.
Members Absent: Larson, Ragan, and Veenstra (all excused).
Committee Business: Approved Governor’s appointees and presentations by
representatives of the University of Iowa.
Adjourned: 3:10 p.m.
NATURAL RESOURCES AND ENVIRONMENT
Convened: February 18, 2003, 2:05 p.m.
Members Present: Houser, Chair; Johnson, Vice Chair; Seng, Ranking Member;
Black, Bolkcom, Brunkhorst, Dearden, Drake, Holveck, Kettering, Kibbie, Lundby,
Miller, Wieck, and Zieman.
Members Absent: None.
Committee Business: Presentation regarding the use of natural resources for
economic growth.
Adjourned: 2:50 p.m.
STATE GOVERNMENT
Convened: February 18, 2003, 10:35 a.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Kibbie, Ranking Member;
Black, Connolly, Courtney, Dearden, Drake, Johnson, Lamberti, Ragan, Schuerer,
Shull, Tinsman, and Veenstra.
Members Absent: None.
Committee Business: Passed SFs 63 and 94 and approved Governor’s appointees.
Presentation regarding the Iowa Veterans’ Home.
Adjourned: 11:25 a.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: February 18, 2003, 3:20 p.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member;
and Stewart.
Members Absent: Rehberg (excused).
Committee Business: Budget presentations by State Auditor’s Office, Department of
Inspections and Appeals, and State Racing and Gaming Commission.
Adjourned: 3:45 p.m.
APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS
Convened: February 18, 2003, 3:00 p.m.
Members Present: McKibben, Chair; Warnstadt, Ranking Member; Beall and
Kettering.
Members Absent: Lamberti, Vice Chair (excused).
Committee Business: Presentations regarding the Iowa State Fair Authority and by
representatives for the Iowa Project and the Pooled Technology Account.
Adjourned: 3:50 p.m.
INTRODUCTION OF RESOLUTION
Senate Concurrent Resolution 5, by committee on Agriculture,
a concurrent resolution requesting that the United States Congress
take all action required to preserve free and private enterprise,
prevent monopoly, and protect consumers including by immediately
enacting legislation to prohibit livestock packers from owning,
controlling, or feeding livestock to such an extent that producers can
no longer materially participate in the management of their livestock
operations as provided in Senate Bill 27 introduced by the Honorable
Senator Charles E. Grassley and cosponsored by the Honorable
Senator Tom Harkin and others.
Read first time under Rule 28 and placed on calendar.
INTRODUCTION OF BILLS
Senate File 157, by Tinsman, a bill for an act providing for the
establishment of a regional academy pilot program.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 158, by Johnson, a bill for an act prohibiting the state
board of regents or a school corporation from competing with private
enterprise in regard to the sale of durable medical equipment and
medical services.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 159, by Schuerer, a bill for an act abolishing the
targeted small business financial assistance program.
Read first time under Rule 28 and referred to committee on
Economic Growth.
Senate File 160, by Warnstadt, a bill for an act authorizing the
district court to waive the requirement that the state or any of its
political subdivisions file a supersedeas bond upon appeal to the Iowa
supreme court.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 161, by Warnstadt, a bill for an act establishing a
pilot project to waive restrictions on placement of traffic devices
within cities.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 162, by Black, Miller, and Kreiman, a bill for an act
designating highway 2 as the second infantry division highway.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 163, by Hatch, Dvorsky, Bolkcom, and Holveck, a bill
for an act relating to the private sale or transfer of firearms between
unlicensed persons and providing penalties.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 164, by Rehberg and Hosch, a bill for an act relating
to fire fighter preparedness by creating a fire fighter preparedness
fund, providing a voluntary checkoff for fire fighter preparedness,
establishing requirements of the county treasurer, and making an
appropriation.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 165, by McKibben, a bill for an act relating to the
state individual income tax by imposing a single rate tax and
including an effective and applicability date provision.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 166, by Schuerer, a bill for an act designating
advanced registered nurse practitioners as providers of health care
services pursuant to managed care or prepaid services contracts
under the medical assistance program.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 167, by Warnstadt, a bill for an act relating to the
distribution to a city or county of state sales tax collected at events
sponsored by a private entity and the city or county and making an
appropriation.
Read first time under Rule 28 and referred to committee on
Appropriations.
STUDY BILLS RECEIVED
SSB 1073 Government Oversight
Relating to the regulation of adult day services and assisted living
programs, providing an appropriation and penalties, and providing a
contingent effective date.
SSB 1074 Government Oversight
Relating to life science enterprises by providing for financing, and
providing an effective date.
SUBCOMMITTEE ASSIGNMENTS
Senate Concurrent Resolution 4
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate Resolution 12
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate Resolution 13
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate File 114
TRANSPORTATION: Drake, Chair; McCoy and Putney
Senate File 124
LOCAL GOVERNMENT: Houser, Chair; Hatch and Wieck
Senate File 125
TRANSPORTATION: Drake, Chair; Fraise and Putney
Senate File 126
TRANSPORTATION: Drake, Chair; Putney and Warnstadt
Senate File 129
STATE GOVERNMENT: Sievers, Chair; Courtney and Zieman
Senate File 131
TRANSPORTATION: Putney, Chair; Fraise and Shull
Senate File 137
WAYS AND MEANS: Seng, Chair; Angelo and Hosch
Senate File 140
STATE GOVERNMENT: Kibbie, Chair; Drake and Tinsman
Senate File 142
LOCAL GOVERNMENT: Miller, Chair; Quirmbach and Rehberg
Senate File 144
WAYS AND MEANS: Miller, Chair; Dotzler and Hosch
Senate File 146
WAYS AND MEANS: Shull, Chair; Larson and Quirmbach
Senate File 147
AGRICULTURE: Johnson, Chair; Houser and Ragan
Senate File 148
EDUCATION: Brunkhorst, Chair; Connolly and Larson
Senate File 150
STATE GOVERNMENT: Schuerer, Chair; Connolly and Zieman
Senate File 152
LOCAL GOVERNMENT: Quirmbach, Chair; Gaskill and Houser
Senate File 153
TRANSPORTATION: Rehberg, Chair; Fraise and Zieman
Senate File 156
STATE GOVERNMENT: Sievers, Chair; Connolly and Tinsman
SSB 1073
GOVERNMENT OVERSIGHT: Lundby, Chair; Courtney and Wieck
SSB 1074
GOVERNMENT OVERSIGHT: Lundby, Chair; Dvorsky and Wieck
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE CONCURRENT RESOLUTION 5 (SSB 1065), a
concurrent resolution requesting that the United States Congress take all action
required to preserve free and private enterprise, prevent monopoly, and protect
consumers including by immediately enacting legislation to prohibit livestock packers
from owning, controlling, or feeding livestock to such an extent that producers can no
longer materially participate in the management of their livestock operations as
provided in Senate Bill 27 introduced by the Honorable Senator Charles E. Grassley
and cosponsored by the Honorable Senator Tom Harkin and others.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Behn, Hosch, Fraise, Angelo, Courtney, Houser, Kibbie,
Putney, Ragan, Seng, Veenstra, and Zieman. Nays, none. Absent, 3: Black, Gaskill,
and Johnson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 63, a bill for an act relating to the use of sick leave
by certain members of the Iowa department of public safety peace officers’ retirement,
accident, and disability system who are temporarily incapacitated for duty.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Lamberti, Ragan, Schuerer, Shull, Tinsman, and Veenstra. Nays,
none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 94, a bill for an act providing for the confidentiality
of certain veterans’ records maintained by county recorders.
Recommendation: DO PASS.
Final Vote: Ayes, 15: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Lamberti, Ragan, Schuerer, Shull, Tinsman, and Veenstra. Nays,
none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Final Bill Action: *SENATE FILE 127, 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.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3009.
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.
*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive
changes to the members of the Transportation Committee on Senate File 127, 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:
AGRICULTURE
Todd Scott - State Soil Conservation Committee
ECONOMIC GROWTH
Eugene Blanshan - Iowa Capital Investment Board
Burt Chojnowski - Iowa Capital Investment Board
Gordon Neumann - Iowa Capital Investment Board
STATE GOVERNMENT
Lyle TeKippe - Engineering and Land Surveying Examining Board
Sheila Castaneda - IowAccess Advisory Council
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
Ellen Kroc - Iowa Board of Veterinary Medicine
AMENDMENT FILED
S-3009 S.F. 127 Transportation

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