Senate Journal: Wednesday, February 19, 2003
JOURNAL OF THE SENATE
__________
THIRTY-EIGHTH CALENDAR DAY
TWENTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, February 19, 2003
The Senate met in regular session at 8:33 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Jim Wakelin, pastor of the
Christian Church in Bloomfield, Iowa. He was the guest of Senator
Kreiman.
The Journal of Tuesday, February 18, 2003, was approved.
HOUSE MESSAGES RECEIVED AND CONSIDERED
The following messages were received from the Chief Clerk of the
House:
MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on February 18, 2003, adopted the following resolution in which the
concurrence of the Senate is asked:
House Joint Resolution 3, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to the
qualification of electors.
Read first time and referred to committee on State Government.
ALSO: That the House has on February 18, 2003, passed the following bill in
which the concurrence of the Senate is asked:
House File 175, a bill for an act relating to the use of physical
plant and equipment levy revenue, and providing an effective date.
Read first time and referred to committee on Education.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Behn, until he arrives, on request of Senator Iverson.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 97.
Senate File 97
On motion of Senator Drake, Senate File 97, a bill for an act
relating to highway, aviation, motor vehicle transportation and public
transit, including regulation of junkyards along highways and
placement of political signs, elimination of the aviation hangar
revolving loan fund, applications for certificates of title by motor
vehicle dealers, fees charged for driver’s licenses and nonoperator’s
identification cards and making an appropriation, security interests
in motor vehicles, charges financed in a motor vehicle retail
installment transaction, confidentiality of motor vehicle accident
reports, requirements for motor carrier safety rules, exemptions for
certain motor vehicle operators from motor carrier safety rules and
hazardous materials transportation regulations, load limits for
vehicles transporting construction machinery, urban public transit
funding, and tariffs charged by motor carriers of household goods,
and including effective and retroactive applicability date provisions,
was taken up for consideration.
The Senate stood at ease at 8:40 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 10:05 a.m., President Kramer
presiding.
Senator Drake asked and received unanimous consent to withdraw
amendment S-3010, filed by Senators Drake, Warnstadt, and Putney
from the floor to pages 5 and 12 of the bill.
Senator Drake offered amendment S-3012, filed by Senators
Drake, Warnstadt, and Putney from the floor to pages 5 and 12 of the
bill, and moved its adoption.
Amendment S-3012 was adopted by a voice vote.
Senator Kreiman offered amendment S-3013, filed by him from
the floor to pages 5, 11, and to the title page of the bill, and moved its
adoption.
Amendment S-3013 lost by a voice vote.
Senator Drake offered amendment S-3008, filed by Senators
Drake and Warnstadt on February 12, 2003, to pages 5, 6, and 11 of
the bill, and moved its adoption.
Amendment S-3008 was adopted by a voice vote.
Senator Connolly asked and received unanimous consent to
withdraw amendment S-3011, filed by him from the floor to page 10
and to the title page of the bill.
Senator Holveck offered amendment S-3014, filed by Senators
Holveck and Quirmbach from the floor to page 1 and to the title page
of the bill, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3014 be adopted?” (S.F. 97),
the vote was:
Yeas, 7:
|
Beall | Dotzler | Holveck | Ragan |
|
Connolly | Hatch | Quirmbach |
|
|
Nays, 42:
|
Angelo Gronstal Larson Seymour
Black Horn Lundby Shull
Boettger Hosch McCoy Sievers
Bolkcom Houser McKibben Stewart
Brunkhorst Iverson McKinley Tinsman
Courtney Johnson Miller Veenstra
Dearden Kettering Putney Warnstadt
Drake Kibbie Redfern Wieck
Dvorsky Kramer Rehberg Zieman
Fraise Kreiman Schuerer
Gaskill Lamberti Seng
|
Absent, 1:
Behn
Amendment S-3014 lost.
Senator Quirmbach offered amendment S-3015, filed by him from
the floor to page 10 of the bill, and moved its adoption.
Amendment S-3015 lost by a voice vote.
Senator Drake moved that the bill 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. 97), the vote was:
Yeas, 45:
|
Angelo | Fraise | Lundby | Seymour |
|
Beall | Gaskill | McCoy | Shull |
|
Behn | Gronstal | McKibben | Sievers |
|
Black | Hosch | McKinley | Stewart |
|
Boettger | Houser | Miller | Tinsman |
|
Bolkcom | Iverson | Putney | Veenstra |
|
Brunkhorst | Johnson | Quirmbach | Warnstadt |
|
Connolly | Kettering | Ragan | Wieck |
|
Dearden | Kibbie | Redfern | Zieman |
|
Zieman |
|
Dotzler | Kramer | Rehberg | Drake |
|
Lamberti | Schuerer | | Dvorsky |
|
Larson | Seng |
|
|
Nays, 4:
|
Courtney Hatch Holveck Horn
|
Absent, 1:
Kreiman
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate File 97 be immediately messaged to the House.
BILL REASSIGNED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate File 132 be reassigned from the committee on Government
Oversight to the committee on Human Resources.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 10:41 a.m.
until 8:30 a.m. Thursday, February 20, 2003.
APPENDIX
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Orville and Joann Hammitt, Lehigh — For celebrating your 50th wedding
anniversary on February 1, 2003. Senator Iverson (2/19/03).
Michelle Wright, London, England — In recognition of her return to the Iowa
Senate. Senator Beall (2/19/03).
Marian Weis, Bellevue — For celebrating your 80th birthday on February 21, 2003.
Senator Stewart (2/19/03).
REPORTS OF COMMITTEE MEETINGS
GOVERNMENT OVERSIGHT
Convened: February 18, 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 Senior Living Trust Fund.
Adjourned: 3:25 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES
Convened: February 18, 2003, 3:10 p.m.
Members Present: Tinsman, Chair; Johnson, Vice Chair; Hatch, Ranking Member;
Bolkcom and Veenstra.
Members Absent: None.
Committee Business: Presentations by Department of Human Services service area
managers and coordinators.
Adjourned: 5:00 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: February 18, 2003, 3:15 p.m.
Members Present: Miller, Chair; Angelo, Vice Chair; Fraise, Ranking Member;
Hosch and Kreiman.
Members Absent: None.
Committee Business: Presentations by Attorney General’s Office and Civil Rights
Commission.
Adjourned: 4:45 p.m.
BUSINESS AND LABOR RELATIONS
Convened: February 19, 2003, 10:50 a.m.
Members Present: Schuerer, Chair; Lundby, Vice Chair; Dearden, Ranking Member;
Courtney, Dotzler, Horn, Johnson, Kettering, McKibben, Seymour, and Wieck.
Members Absent: None.
Committee Business: Discussed upcoming committee agenda.
Adjourned: 10:55 a.m.
EDUCATION
Convened: February 19, 2003, 10:45 a.m.
Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking
Member; Angelo, Beall, Behn, Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman, Larson,
Quirmbach, Redfern, and Rehberg.
Members Absent: None.
Committee Business: Passed SFs 5 and 31.
Adjourned: 11:35 a.m.
JUDICIARY
Convened: February 19, 2003, 11:40 a.m.
Members Present: Redfern, Chair; Larson, Vice Chair; Kreiman, Ranking Member;
Boettger, Fraise, Holveck, Horn, Kettering, McCoy, McKibben, Putney, Quirmbach,
and Tinsman.
Members Absent: Lamberti and Miller (both excused).
Committee Business: Presentation by Correctional Services Study Group.
Adjourned: 12:45p.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: February 19, 2003, 3:05 p.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member;
Rehberg and Stewart.
Members Absent: None.
Committee Business: Presentations by Office of Treasurer of State, Department of
Management, and Department of Commerce.
Adjourned: 3:50 p.m.
INTRODUCTION OF BILLS
Senate File 168, by Kibbie, a bill for an act requiring submission
of rejected state claims to the general assembly’s appropriations
committees.
Read first time under Rule 28 and referred to committee on
Appropriations.
Senate File 169, by Angelo, a bill for an act relating to the
conduct and licensure of school employees by creating a criminal
offense of sexual exploitation by a school employee, providing a
penalty, authorizing the board of educational examiners to perform
record checks at the applicant’s expense, and requiring school
districts and schools to report practitioner misconduct under certain
circumstances.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 170, by Lundby, Hatch, Dotzler, Dvorsky, Bolkcom,
Black, Ragan, Kibbie, Seng, Dearden, Courtney, Kreiman, Beall,
Quirmbach, Holveck, and Tinsman, a bill for an act creating a
housing trust fund and making an appropriation.
Read first time under Rule 28 and referred to committee on
Appropriations.
Senate File 171, by Tinsman, Schuerer, Hosch, Putney, Sievers,
Houser, Wieck, Brunkhorst, Seymour, Angelo, Veenstra, Boettger,
Iverson, Drake, Zieman, Gaskill, Behn, Rehberg, McKinley, and
Kettering, a bill for an act establishing a limitation on the recovery of
punitive or exemplary damages in a civil case.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 172, by committee on Education, a bill for an act
relating to the establishment of a public charter school pilot program
and providing effective and applicability dates.
Read first time under Rule 28 and placed on calendar.
Senate File 173, by committee on Education, a bill for an act
authorizing school districts to deduct and pay fees for membership in
not-for-profit professional education associations.
Read first time under Rule 28 and placed on calendar.
STUDY BILLS RECEIVED
SSB 1075 Local Government
Relating to conflicts of interest in public contracts.
SSB 1076 Judiciary
Relating to public assistance benefits received by persons who
were not entitled or eligible to receive the benefits, providing criminal
and civil penalties, and appropriating certain penalties received.
SSB 1077 Judiciary
Relating to nonprofit corporations and providing penalties and
effective and applicability dates.
SSB 1078 Judiciary
Relating to the uniform principal and income Act and a trustee’s
power to adjust between income and principal.
SSB 1079 Judiciary
Relating to intelligence data and intelligence assessment
dissemination to an agency, organization, or person.
SSB 1080 Judiciary
Providing for the performance of criminal background
investigations and the submission of arrest information with regard
to specified individuals employed by the state in an electronic
information systems capacity.
SSB 1081 Natural Resources and Environment
Relating to fees charged to certain private water supply
contractors, establishing a private water supply system account
within the water quality protection fund, and appropriating moneys
in the account.
SSB 1082 Natural Resources and Environment
Relating to the use of certain motorboats on lake Macbride and
providing an effective date.
SSB 1083 State Government
Relating to professional licensing boards by providing for the
updating of continuing education and regulatory requirements to
include specified licensing boards, authorizing specified licensing
boards to obtain criminal history data relating to applicants for
licensure and licensees, and authorizing the collection of fees for
related costs.
SSB 1084 State Government
Providing for licensure requirements relating to the practice of
athletic training and increasing a penalty.
SSB 1085 State Government
Relating to the use of titles pertaining to physical therapy and
providing a penalty.
SSB 1086 Business and Labor Relations
Relating to food establishment licensing and training procedures,
and establishing fees.
SSB 1087 Natural Resources and Environment
Relating to the registration of hunting outfitters or hunting guides
and providing a penalty.
SSB 1088 Natural Resources and Environment
Providing that revenues deposited in the state conservation fund
are temporarily exempt from reversion and providing an effective
date.
SSB 1089 Appropriations
Relating to state financial obligations by making supplemental
appropriations for property tax replacement claims and elderly and
disabled tax credit reimbursement, providing for the application of
debt service proceeds from tobacco settlement authority bonds,
providing for related matters, and including an effective date.
SSB 1090 Local Government
Providing for exceptions to municipal tort liability for claims
arising from bicycling on public property.
SSB 1091 Local Government
Relating to contract letting procedures for certain public
improvements.
SSB 1092 Local Government
Relating to electronic financial transactions with county
treasurers.
SUBCOMMITTEE ASSIGNMENTS
Senate Joint Resolution 2
NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Drake and Kibbie
Senate File 60
NATURAL RESOURCES AND ENVIRONMENT: Wieck, Chair; Kettering and Kibbie
Senate File 65
NATURAL RESOURCES AND ENVIRONMENT: Zieman, Chair; Dearden and Miller
Senate File 125
(Reassignment)
TRANSPORTATION: Houser, Chair; Fraise and Putney
Senate File 128
NATURAL RESOURCES AND ENVIRONMENT: Brunkhorst, Chair; Black and
Zieman
Senate File 135
STATE GOVERNMENT: Johnson, Chair; Dearden and Shull
Senate File 141
NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Black and Drake
Senate File 145
NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Brunkhorst and
Seng
Senate File 151
STATE GOVERNMENT: Schuerer, Chair; Johnson and Ragan
Senate File 157
EDUCATION: Behn, Chair; Boettger and Dvorsky
Senate File 158
EDUCATION: Boettger, Chair; Holveck and Hosch
Senate File 159
ECONOMIC GROWTH: Veenstra, Chair; Larson and Ragan
Senate File 165
WAYS AND MEANS: McKibben, Chair; Connolly, Seng, Shull, and Sievers
Senate File 166
HUMAN RESOURCES: Schuerer, Chair; Ragan and Seymour
Senate File 167
APPROPRIATIONS: Gaskill, Chair; Warnstadt and Zieman
SSB 1075
LOCAL GOVERNMENT: Miller, Chair; McCoy and Wieck
SSB 1076
JUDICIARY: Tinsman, Chair; Holveck and McKibben
SSB 1077
JUDICIARY: Miller, Chair; Holveck and Larson
SSB 1078
JUDICIARY: McKibben, Chair; McCoy and Putney
SSB 1079
JUDICIARY: Larson, Chair; Boettger and Holveck
SSB 1080
JUDICIARY: Larson, Chair; Quirmbach and Tinsman
SSB 1081
NATURAL RESOURCES AND ENVIRONMENT: Kettering, Chair; Bolkcom and
Johnson
SSB 1082
NATURAL RESOURCES AND ENVIRONMENT: Wieck, Chair; Kettering and Seng
SSB 1083
STATE GOVERNMENT: Tinsman, Chair; Black and Johnson
SSB 1084
STATE GOVERNMENT: Shull, Chair; Dearden and Drake
SSB 1085
STATE GOVERNMENT: Sievers, Chair; Ragan and Veenstra
SSB 1086
BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Horn and Kettering
SSB 1087
NATURAL RESOURCES AND ENVIRONMENT: Brunkhorst, Chair; Dearden and
Wieck
SSB 1088
NATURAL RESOURCES AND ENVIRONMENT: Brunkhorst, Chair; Bolkcom and
Kettering
SSB 1089
APPROPRIATIONS: Sievers, Chair; Dotzler and Lamberti
SSB 1090
LOCAL GOVERNMENT: Miller, Chair; Angelo and Stewart
SSB 1091
LOCAL GOVERNMENT: Weick, Chair; Quirmbach and Rehberg
SSB 1092
LOCAL GOVERNMENT: Angelo, Chair; Seymour and Stewart
COMMITTEE REPORTS
EDUCATION
Final Bill Action: SENATE FILE 172 (formerly SF 31), a bill for an act relating to
the establishment of a public charter school pilot program and providing effective and
applicability dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Boettger, McKinley, Connolly, Angelo, Beall, Behn,
Brunkhorst, Hosch, Kreiman, Larson, Quirmbach, Redfern, and Rehberg. Nays, 2:
Dvorsky and Holveck. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 173 (formerly SF 5), a bill for an act authorizing
school districts to deduct and pay fees for membership in not-for-profit professional
education associations.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 9: Boettger, McKinley, Angelo, Behn, Brunkhorst, Hosch, Larson,
Redfern, and Rehberg. Nays, 6: Connolly, Beall, Dvorsky, Holveck, Kreiman, and
Quirmbach. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EXPLANATION OF VOTE
MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
February 19, 2003, when the vote was taken on Senate File 97. Had I been present, I
would have voted “Yea.”
KEITH A. KREIMAN
GOVERNOR’S APPOINTEE PLACED ON
EN BLOC CALENDAR
The following appointee, assigned to standing committee for
investigation, was placed on the En Bloc Calendar with
recommendation for confirmation:
WAYS AND MEANS
David Erickson - State Board of Tax Review
GOVERNOR’S APPOINTEE PLACED ON
INDIVIDUAL CONFIRMATION CALENDAR
The following appointee, assigned to standing committee for
investigation, was placed on the Individual Confirmation Calendar
with recommendation for confirmation:
WAYS AND MEANS
Michael Ralston - Director of Revenue and Finance
WITHDRAWAL OF GOVERNOR’S APPOINTEE
The following letter from the Governor was received in the office of
the Secretary of the Senate on February 19, 2003:
I submitted the name of Cathy R. Anderson to serve on the Mental Health and
Developmental Disabilities Commission on November 1, 2002. I am withdrawing her
name from further consideration by the Senate.
Sincerely,
THOMAS J. VILSACK
Governor
AMENDMENTS FILED
S-3010 S.F. 97 Richard F. Drake
Steven H. Warnstadt
John Putney
S-3011 S.F. 97 Mike Connolly
S-3012 S.F. 97 Richard F. Drake
Steven H. Warnstadt
John Putney
S-3013 S.F. 97 Keith A. Kreiman
S-3014 S.F. 97 Jack Holveck
Herman C. Quirmbach
S-3015 S.F. 97 Herman C. Quirmbach
© 2003 Cornell College and
League of Women Voters of Iowa
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