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Senate Journal: Thursday, February 20, 2003

JOURNAL OF THE SENATE

__________

THIRTY-NINTH CALENDAR DAY
TWENTY-FOURTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, February 20, 2003

The Senate met in regular session at 8:33 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Doug Helon, pastor of the
Calvary Baptist Church in St. Charles, Iowa. He was the guest of
Senators Iverson and Shull.

The Journal of Wednesday, February 19, 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 19, 2003, passed the following bills in which the concurrence of
the Senate is asked:

House File 85, a bill for an act relating to tip-up fishing in the
waters of the Missouri and Big Sioux rivers and subjecting violators
to an existing penalty.

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

House File 170, a bill for an act relating to the criminal offense of
identity theft by making changes in the elements of the offense.

Read first time and referred to committee on Judiciary.


House File 171, a bill for an act relating to nonsubstantive Code
corrections and including effective and retroactive applicability date
provisions.

Read first time and referred to committee on Judiciary.

House File 180, a bill for an act relating to character education
and service learning in Iowa’s elementary and secondary schools.

Read first time and referred to committee on Education.

ADJOURNMENT

On motion of Senator Boettger, the Senate adjourned at 8:40 a.m.
until 1:00 p.m. Monday, February 24, 2003.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Caroline Lingenfelter, Denmark — For celebrating your 100th birthday on
February 25, 2003. Senator Fraise (2/20/03).

Norwalk Community Schools, Norwalk — For being selected as having exemplary
entries using technology in the statewide showcase on educational technology projects.
Senator Shull (2/20/03).

Leon and Joyce Sheldon, Webster City — For celebrating your 60th wedding
anniversary on February 20, 2003. Senator Iverson (2/20/03).

REPORTS OF COMMITTEE MEETINGS

GOVERNMENT OVERSIGHT

Convened: February 19, 2003, 3:05 p.m.

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

Members Absent: None.

Committee Business: Discussion regarding the Public Strategies Group.

Adjourned: 4:10 p.m.

WAYS AND MEANS

Convened: February 19, 2003, 2:05 p.m.

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

Members Absent: None.

Committee Business: Approved Governor’s appointees and presentation on the Iowa
Taxpayer Simplification Act.

Adjourned: 2:45 p.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES

Convened: February 19, 2003, 3:15 p.m.

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

Members Absent: None.

Committee Business: Presentation by Department of Elder Affairs.

Adjourned: 4:45 p.m.

APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

Convened: February 19, 2003, 3:10 p.m.

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

Members Absent: None.

Committee Business: Presentation by Department of Public Safety.

Adjourned: 3:55 p.m.

APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
INFRASTRUCTURE, AND CAPITALS

Convened: February 19, 2003, 3:05 p.m.

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

Members Absent: Lamberti, Vice Chair (excused).

Committee Business: Presentations by representatives of the Board of Regents
institutions.

Adjourned: 4:15 p.m.

COMMERCE

Convened: February 20, 2003, 11:25 a.m.

Members Present: Angelo, Chair; Wieck, Vice Chair; Warnstadt, Ranking Member;
Beall, Behn, Bolkcom, Brunkhorst, Gronstal, Kettering, Larson, McCoy, Redfern,
Schuerer, Sievers, and Stewart.

Members Absent: None.

Committee Business: Subcommittees assignment and approved SSBs 1007 and
1019.

Adjourned: 11:35 a.m.


JUDICIARY

Convened: February 20, 2003, 11:35 a.m.

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

Members Absent: McKibben (excused).

Committee Business: Subcommittee assignments. Approved SSB 1027 (as
amended) and approved Governor’s appointee.

Adjourned: 12:05 p.m.

STATE GOVERNMENT

Convened: February 20, 2003, 10:30 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: Presentation regarding IPERS.

Adjourned: 11:20 a.m.

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: February 20, 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 Treasurer of State’s Office, Department of
Management, and Department of Commerce.

Adjourned: 3:30 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Resolution 14, by Kramer, Angelo, Beall, Behn, Black,
Boettger, Bolkcom, Brunkhorst, Connolly, Courtney, Dearden,
Dotzler, Drake, Dvorsky, Fraise, Gaskill, Gronstal, Hatch, Holveck,
Horn, Hosch, Houser, Iverson, Johnson, Kettering, Kibbie, Kreiman,
Lamberti, Larson, Lundby, McCoy, McKibben, McKinley, Miller,

Putney, Quirmbach, Ragan, Redfern, Rehberg, Schuerer, Seng,
Seymour, Shull, Sievers, Stewart, Tinsman, Veenstra, Warnstadt,
Wieck, and Zieman, a resolution honoring Iowa State University
student-athlete Jack Trice during Black History Month.

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

Senate Resolution 15, by Iverson, Redfern, Kramer, Angelo,
Behn, Hosch, Tinsman, Veenstra, Miller, Zieman, Seymour, Wieck,
Lundby, Larson, Houser, Boettger, Shull, Drake, Schuerer, McKinley,
Johnson, Putney, Brunkhorst, Lamberti, Kettering, Gaskill, Rehberg,
McKibben, and Sievers, a resolution to support the efforts of
President George W. Bush and the United States Armed Forces to
disarm Iraq.

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

INTRODUCTION OF BILLS

Senate File 174, by Lundby, a bill for an act relating to health
facility staffing, and providing civil penalties.

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

Senate File 175, by Bolkcom, a bill for an act relating to the
collection and maintenance of obesity-related data by the Iowa
department of public health and participating elementary and
secondary schools.

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

Senate File 176, by Black, a bill for an act relating to property
taxes levied by a township for improvement and maintenance of
certain cemeteries.

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

Senate File 177, by Schuerer, a bill for an act relating to
inspection fees pursuant to city housing codes.

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

Senate File 178, by Schuerer, a bill for an act repealing the
linked investments for tomorrow Act.

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

Senate File 179, by Schuerer, Boettger, Sievers, Behn, Veenstra,
Gaskill, Angelo, Rehberg, Zieman, and Houser, a bill for an act
creating a super ethanol-powered motor vehicle purchase tax credit
for individual taxpayers, and providing a retroactive applicability
date.

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

Senate File 180, by committee on Commerce, a bill for an act
relating to the procedures for handling abandoned property and
property presumed to be abandoned.

Read first time under Rule 28 and placed on calendar.

Senate File 181, by Schuerer and Kreiman, a bill for an act
authorizing the department of human services to disclose information
regarding the presence of a perpetrator of certain sexual offenses or
sexual abuse in the client’s home.

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

Senate File 182, by Kreiman, a bill for an act relating to the
calculation of employers’ contributions to the unemployment
compensation fund.

Read first time under Rule 28 and referred to committee on
Business and Labor Relations.

Senate File 183, by Kreiman, a bill for an act relating to notice
regarding the use of geothermal energy in development plans for
undeveloped land.

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

Senate File 184, by Dvorsky, a bill for an act relating to rules and
standards for hazardous chemical management practices adopted and
administered by the state fire marshal and to school requirements
regarding hazardous waste management.

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

Senate File 185, by committee on Judiciary, a bill for an act
relating to criminal law and procedure, including the criminal
offenses of arson, communications by an arrested person, and
harassment.

Read first time under Rule 28 and placed on calendar.

Senate File 186, by committee on Commerce, a bill for an act
eliminating certain public disclosure requirements by state banks.

Read first time under Rule 28 and placed on calendar.

Senate File 187, by Rehberg and Zieman, a bill for an act relating
to operation permits for public disposal systems and providing an
effective date.

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

STUDY BILLS RECEIVED

SSB 1093 Education

Relating to the establishment of a school infrastructure financing
program by providing for a local option school infrastructure sales tax
and providing for the use of the revenues from the local option tax for

school infrastructure or property tax relief purposes and including an
effective date.

SSB 1094 Commerce

Relating to insurance, including various filing and information
privacy requirements throughout the insurance code, calculation of
assessments by the Iowa individual health benefit reinsurance
association, payment of certain insurance fees, certain self-funded
insurance plans by school corporations or political subdivisions,
designation of the commissioner of insurance as process agent for
various entities conducting insurance business in this state,
cancellation of insurance, beneficial stock ownership filings, funding
agreements, creating an insurable interest in active or retired
employee lives for the benefit of an employer, providing for an
interstate insurance product regulation compact, and providing for
retroactive applicability and an effective date.

SSB 1095 Commerce

Relating to the time periods that unclaimed demutualization
proceeds and wages are presumed to be abandoned and providing an
effective date.

SSB 1096 Judiciary

Creating the criminal offense of intellectual property
counterfeiting, and providing a penalty.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 14

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 168

APPROPRIATIONS: Lamberti, Chair; Connolly and Kramer

Senate File 169

EDUCATION: Angelo, Chair; Beall and Larson


Senate File 170

APPROPRIATIONS: McKinley, Chair; Hatch and Lamberti

House File 175

EDUCATION: Beall, Chair; Behn and Boettger

House File 180

EDUCATION: Brunkhorst, Chair; Dvorsky and McKinley

SSB 1038
(Reassignment)

STATE GOVERNMENT: Lamberti, Chair; Connolly and Shull

SSB 1093

EDUCATION: Angelo, Chair; Boettger and Connolly

SSB 1094

COMMERCE: Wieck, Chair; Angelo and McCoy

SSB 1095

COMMERCE: Wieck, Chair; McCoy and Redfern

SSB 1096

JUDICIARY: Lamberti, Chair; Holveck and Miller

COMMITTEE REPORTS

COMMERCE

Final Bill Action: SENATE FILE 180 (SSB 1019), a bill for an act relating to the
procedures for handling abandoned property and property presumed to be abandoned.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Angelo, Wieck, Warnstadt, Beall, Behn, Bolkcom, Brunkhorst,
Gronstal, Kettering, Larson, McCoy, Redfern, Schuerer, Sievers, and Stewart. Nays,
none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


ALSO:

Final Bill Action: SENATE FILE 186 (SSB 1007), a bill for an act eliminating
certain public disclosure requirements by state banks.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 15: Angelo, Wieck, Warnstadt, Beall, Behn, Bolkcom, Brunkhorst,
Gronstal, Kettering, Larson, McCoy, Redfern, Schuerer, Sievers, and Stewart. Nays,
none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

JUDICIARY

Final Bill Action: SENATE FILE 185 (SSB 1027), a bill for an act relating to
criminal law and procedure, including the criminal offenses of arson, communications
by an arrested person, and harassment.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 14: Redfern, Larson, Kreiman, Boettger, Fraise, Holveck, Horn,
Kettering, Lamberti, McCoy, Miller, Putney, Quirmbach, and Tinsman. Nays, none.
Absent, 1: McKibben.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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:

JUDICIARY

Barbara Binnie - Board of Parole

AMENDMENT FILED

S-3016 S.F. 155 Keith Kreiman
Steve Kettering

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