Senate Journal: Monday, February 24, 2003
JOURNAL OF THE SENATE
__________
FORTY-THIRD CALENDAR DAY
TWENTY-FIFTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, February 24, 2003
The Senate met in regular session at 1:12 p.m., President Kramer
presiding.
Prayer was offered by Father Mark Osterhaus of St. Matthew’s
Church in Cedar Rapids, Iowa. He was the guest of Senator Stewart.
Father Osterhaus is the son of Representative Robert Osterhaus.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Senate Pages Jenna
Kovacevich and Kristy Palmer.
The Journal of Thursday, February 20, 2003, was approved.
The Senate stood at ease at 1:15 p.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 1:50 p.m., President Kramer
presiding.
RECESS
On motion of Senator Iverson, the Senate recessed at 2:07 p.m.
until the completion of a meeting of the committee on Rules and
Administration.
RECONVENED
The Senate reconvened at 2:10 p.m., President Kramer presiding.
RECESS
On motion of Senator Iverson, the Senate recessed at 2:11 p.m.
until 5:00 p.m.
APPENDIX — 1
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 24, 2003
DEPARTMENT OF ECONOMIC DEVELOPMENT
Community Economic Betterment Account (CEBA) Annual Report for FY 2002.
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
American Federation of State, County, and Municipal Employees Local 12 — For
60 years of dedicated service to the employees of the University of Iowa. Senator
Dvorsky (2/24/03).
Mr. and Mrs. Henry Delger, Clarion — For celebrating your 70th wedding
anniversary on February 25, 2003. Senator Iverson (2/24/03).
Jason Geinger, Gladbrook — For receiving the National FFA’s highest honor when
awarded with the American FFA Degree at the 75th National FFA Convention.
Senator Putney (2/24/03).
Sylvester Peakin, Colo — For celebrating your 90th birthday on February 20, 2003.
Senator Iverson (2/24/03).
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES
Convened: February 20, 2003, 3:20 p.m.
Members Present: Tinsman, Chair; Johnson, Vice Chair; Hatch, Ranking Member;
Bolkcom and Veenstra.
Members Absent: None.
Committee Business: Discussion regarding the Program Elimination Commission.
Adjourned: 4:10 p.m.
BUSINESS AND LABOR RELATIONS
Convened: February 24, 2003, 4:05 p.m.
Members Present: Schuerer, Chair; Lundby, Vice Chair; Dearden, Ranking Member;
Courtney, Dotzler, Horn, Johnson, Kettering, Seymour, and Wieck.
Members Absent: McKibben (excused).
Committee Business: Subcommittee assignments and approval of Governor’s
appointee.
Adjourned: 4:15 p.m.
JUDICIARY
Convened: February 24, 2003, 2:30 p.m.
Members Present: Larson, Vice Chair; Kreiman, Ranking Member; Boettger, Fraise,
Holveck, Horn, Kettering, Lamberti, McCoy, Miller, Putney, Quirmbach, and Tinsman.
Members Absent: Redfern, Chair; and McKibben (both excused).
Committee Business: Presentation regarding the Iowa Board of Parole.
Adjourned: 4:05 p.m.
RULES AND ADMINISTRATION
Convened: February 24, 2003, 2:05 p.m.
Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Courtney, Drake, Dvorsky, Gaskill, Putney, Ragan, and Sievers.
Members Absent: None.
Committee Business: Passed SRs 12, 14, and 15.
Adjourned: 2:10 p.m.
TRANSPORTATION
Convened: February 24, 2003, 2:15 p.m.
Members Present: Drake, Chair; Putney, Vice Chair; McCoy, Ranking Member;
Beall, Dearden, Fraise, Houser, Johnson, Kettering, Rehberg, Shull, Warnstadt, and
Zieman.
Members Absent: None.
Committee Business: Passed SF 28.
Adjourned: 2:45 p.m.
STUDY BILLS RECEIVED
SSB 1097 Judiciary
Relating to the department of corrections and its duties regarding
treatment and education of inmates at various correctional facilities,
release of presentence reports, optional inmate treatment and
education provision, expansion of and appeals regarding earned time
credits, optional operational provisions for some correctional
facilities, change to the inmate savings and inmate telephone rebate
fund, and payment of supervision fees.
SSB 1098 Judiciary
Relating to the clerk of the district court by changing the method
of appointment and removal, by permitting a clerk to serve in more
than one county, and by eliminating certain residency requirements.
SSB 1099 Judiciary
Relating to emergency procedures for the temporary detention and
treatment of persons who are incapacitated or impaired due to
substance abuse or mental health problems.
SSB 1100 Judiciary
Relating to child endangerment offenses resulting in the death of a
child or minor and providing a penalty.
SSB 1101 Judiciary
Concerning procedures, duties, and fees related to the judicial
branch.
SSB 1102 State Government
To establish an interior design examining board, to provide for the
registration of interior designers in order to use the title of registered
interior designer, and to provide fees and penalties.
SSB 1103 Human Resources
Relating to the authorization of podiatrists to administer
anesthesia.
SSB 1104 State Government
Relating to certain alternative forms of county and city
government by providing for county redistricting and representation,
charter commission administration, application of various statutory
requirements, the manner in which a charter may be proposed and
adopted, amendment of a charter, the organization of the governing
body, and inclusions in a charter, making technical changes relating
to the administration and authority of a city-county consolidated
government and a community commonwealth, and including effective
and applicability date provisions.
SSB 1105 Judiciary
Relating to real property, including acknowledgements of real
property conveyances and limitations on causes of action concerning
real property.
SSB 1106 Judiciary
Relating to the Iowa probate code, including provisions relating to
state inheritance, gift taxes, and trusts and including an applicability
date provision.
SSB 1107 State Government
Providing for the reorganization of certain state departments by
establishing a department of administrative services, making related
changes, providing penalties, making appropriations, and providing
an effective date.
SSB 1108 State Government
Providing for changes relating to pharmaceutical practice and the
regulation of licensed pharmacists, and making penalties applicable.
SSB 1109 Commerce
Relating to business entities, based on revisions related to the
Iowa business corporation Act, including addition of a savings clause
and addition of provisions related to director and officer liability,
duty, and indemnification for certain insurance companies and
indemnification for cooperative associations.
SUBCOMMITTEE ASSIGNMENTS
Senate Resolution 15
RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer
Senate File 174
HUMAN RESOURCES: Tinsman, Chair; Behn and Holveck
Senate File 175
HUMAN RESOURCES: Hosch, Chair; Kreiman and Tinsman
Senate File 181
HUMAN RESOURCES: Schuerer, Chair; Hosch and Kreiman
Senate File 187
NATURAL RESOURCES AND ENVIRONMENT: Zieman, Chair; Brunkhorst and
Kibbie
SSB 1097
JUDICIARY: Larson, Chair; Fraise and Putney
SSB 1098
JUDICIARY: Larson, Chair; Holveck and McKibben
SSB 1099
JUDICIARY: Tinsman, Chair; Boettger and Quirmbach
SSB 1100
JUDICIARY: Kreiman, Chair; Larson and Miller
SSB 1101
JUDICIARY: Miller, Chair; Horn and Tinsman
SSB 1102
STATE GOVERNMENT: Schuerer, Chair; Dearden and Sievers
SSB 1103
HUMAN RESOURCES: Behn, Chair; Boettger and Ragan
SSB 1104
STATE GOVERNMENT: Shull, Chair; Drake and Kibbie
SSB 1105
JUDICIARY: Boettger, Chair; Horn and Putney
SSB 1106
JUDICIARY: Kettering, Chair; Holveck and McKibben
SSB 1107
STATE GOVERNMENT: Sievers, Chair; Connolly and Zieman
SSB 1108
STATE GOVERNMENT: Veenstra, Chair; Courtney and Tinsman
SSB 1109
COMMERCE: Brunkhorst, Chair; Kettering and Warnstadt
COMMITTEE REPORTS
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 12, a resolution regarding preemptive,
unilateral military action against Iraq.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Gaskill, Putney, Ragan, and Sievers. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 14, a resolution honoring Iowa State
University student-athlete Jack Trice during Black History Month.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Gaskill, Putney, Ragan, and Sievers. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 15, a resolution to support the efforts of
President George W. Bush and the United States Armed Forces to disarm Iraq.
Recommendation: DO PASS.
Final Vote: Ayes, 11: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Gaskill, Putney, Ragan, and Sievers. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EVENING SESSION
The Senate reconvened at 5:02 p.m., President Kramer presiding.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 14.
Senate Resolution 14
On motion of Senator Iverson, Senate Resolution 14, a
resolution honoring Iowa State University student-athlete Jack Trice
during Black History Month, with report of committee recommending
passage, was taken up for consideration.
Senator Iverson moved the adoption of Senate Resolution 14,
which motion prevailed by a voice vote.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Redfern, until he returns, on request of Senator Iverson.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 12.
Senate Resolution 12
On motion of Senator Holveck, Senate Resolution 12, a
resolution regarding preemptive, unilateral military action against
Iraq, with report of committee recommending passage, was taken up
for consideration.
President Pro Tempore Angelo took the chair at 5:36 p.m.
President Kramer took the chair at 5:45 p.m.
Senator Holveck moved the adoption of Senate Resolution 12.
A record roll call was requested.
On the question “Shall the resolution be adopted?” (S.R. 12), the
vote was:
Yeas, 18:
|
Beall | Dearden | Hatch | Ragan |
|
Black | Dotzler | Holveck | Seng |
|
Bolkcom | Dvorsky | Horn | Stewart |
|
Connolly Fraise Kreiman
Courtney Gronstal Quirmbach
|
Nays, 31:
|
Angelo Iverson McCoy Shull
Behn Johnson McKibben Sievers
Boettger Kettering McKinley Tinsman
Brunkhorst Kibbie Miller Veenstra
Drake Kramer Putney Warnstadt
Gaskill Lamberti Rehberg Wieck
Hosch Larson Schuerer Zieman
Houser Lundby Seymour
|
Absent, 1:
Redfern
The motion lost.
CONSIDERATION OF RESOLUTION
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 15.
Senate Resolution 15
On motion of Senator Iverson, Senate Resolution 15, a
resolution to support the efforts of President George W. Bush and the
United States Armed Forces to disarm Iraq, with report of committee
recommending passage, was taken up for consideration.
Senator Gronstal offered amendment S-3017, filed by him from
the floor to pages 1-5 of the resolution, and moved its adoption.
A record roll call was requested.
On the question “Shall amendment S-3017 be adopted?” (S.R. 15),
the vote was:
Yeas, 21:
|
Beall | Dotzler | Horn | Seng |
|
Black | Dvorsky | Kibbie | Stewart |
|
Bolkcom | Fraise | Kreiman | Warnstadt |
|
an | Warnstadt |
|
Connolly | Gronstal | McCoy | Courtney |
|
Hatch | Quirmbach | | Dearden |
|
Holveck | Ragan |
|
|
Nays, 28:
|
Angelo Houser Lundby Seymour
Behn Iverson McKibben Shull
Boettger Johnson McKinley Sievers
Brunkhorst Kettering Miller Tinsman
Drake Kramer Putney Veenstra
Gaskill Lamberti Rehberg Wieck
Hosch Larson Schuerer Zieman
|
Absent, 1:
Redfern
Amendment S-3017 lost.
President Pro Tempore Angelo took the chair at 6:55 p.m.
Senator Iverson moved the adoption of Senate Resolution 15.
A record roll call was requested.
On the question “Shall the resolution be adopted?” (S.R. 15), the
vote was:
Yeas, 42:
|
Angelo | Horn | Lundby | Seymour |
|
Beall | Hosch | McCoy | Shull |
|
Behn | Houser | McKibben | Sievers |
|
Black | Iverson | McKinley | Stewart |
|
Boettger | Johnson | Miller | Tinsman |
|
Brunkhorst | Kettering | Putney | Veenstra |
|
Dearden | Kibbie | Quirmbach | Warnstadt |
|
Dotzler | Kramer | Ragan | Wieck |
|
Drake | Kreiman | Redfern | Zieman |
|
Zieman |
|
Gaskill | Lamberti | Rehberg | Gronstal |
|
Larson | Schuerer |
|
|
Nays, 8:
|
Bolkcom Courtney Fraise Holveck
Connolly Dvorsky Hatch Seng
|
Absent, none.
The motion prevailed and the resolution was adopted.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 7:10 p.m.
until 8:30 a.m. Tuesday, February 25, 2003.
APPENDIX — 2
REPORTS OF COMMITTEE MEETINGS
EDUCATION
Convened: February 24, 2003, 4:10 p.m.
Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking
Member; Angelo, Beall, Behn, Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman, Larson,
Quirmbach, and Rehberg.
Members Absent: Redfern (excused).
Committee Business: Passed HF 175, approved SSB 1054, and approved the
Governor’s appointee.
Adjourned: 4:20 p.m.
HUMAN RESOURCES
Convened: February 24, 2003, 2:15 p.m.
Members Present: Veenstra, Chair; Seymour, Vice Chair; Ragan, Ranking Member;
Behn, Boettger, Hatch, Holveck, Horn, Hosch, Kreiman, McKinley, Schuerer, and
Tinsman.
Members Absent: None.
Committee Business: Presentation regarding Medicaid reform. Approval of the
Governor’s appointees.
Adjourned: 3:05 p.m.
INTRODUCTION OF RESOLUTION
Senate Resolution 16, by Fraise, a resolution honoring Iowa
Wesleyan College and its Responsible Social Involvement Program.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILLS
Senate File 188, by Sievers, a bill for an act relating to
participation in open enrollment in school districts subject to
voluntary desegregation and providing effective date and retroactive
applicability provisions.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 189, by Rehberg, a bill for an act relating to fire
fighter preparedness by creating a fire fighter preparedness fund, by
allocating a certain portion of insurance premiums tax to the fire
fighter preparedness fund, and making an appropriation and
providing a retroactive applicability date.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 190, by Lundby, a bill for an act providing for a
reduction in annual registration fees for motor vehicles based on
federal fuel economy ratings.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 191, by Zieman, a bill for an act providing for the
production and marketing of industrial hemp, and providing for
penalties.
Read first time under Rule 28 and referred to committee on
Agriculture.
Senate File 192, by Warnstadt, Stewart, Courtney, Bolkcom,
Quirmbach, Beall, Dvorsky, Kibbie, Connolly, Gronstal, Black,
Ragan, Holveck, Dotzler, Seng, Dearden, Horn, Kreiman, Hatch,
Fraise, and McCoy, a bill for an act providing for free annual
consumer access to consumer credit reports, and providing a private
right of action.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 193, by Rehberg, a bill for an act providing a property
tax exemption and rental income exclusion as incentives for certain
landowners to rent agricultural land to certain small farmers.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 194, by McCoy, a bill for an act relating to payments
from the personal property tax replacement fund to city-county
consolidated governments, multicounty consolidated governments,
and community commonwealths.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 195, by McCoy, a bill for an act relating to the filing
and qualifying for a claim for reimbursement for rent constituting
property taxes paid and including an applicability date provision.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 196, by McCoy, a bill for an act relating to rotation of
judges’ names on the ballots in certain counties.
Read first time under Rule 28 and referred to committee on State
Government.
SUBCOMMITTEE ASSIGNMENT
Senate File 188
EDUCATION: Boettger, Chair; Behn and Connolly
COMMITTEE REPORT
EDUCATION
Final Bill Action: HOUSE FILE 175, a bill for an act relating to the use of physical
plant and equipment levy revenue, and providing an effective date.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Boettger, McKinley, Connolly, Angelo, Beall, Behn,
Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman, Larson, Quirmbach, and Rehberg.
Nays, none. Absent, 1: Redfern.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
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
recommendations for confirmation:
HUMAN RESOURCES
Christine Boyken - Child Advocacy Board
Brian Michaelson - Child Advocacy Board
Lynn Ferrell - Mental Health and Developmental Disabilities Commission
Russell Finken - Mental Health and Developmental Disabilities Commission
Jane Halliburton - Mental Health and Developmental Disabilities Commission
Mary Hughes - Mental Health and Developmental Disabilities Commission
Julie Jetter - Mental Health and Developmental Disabilities Commission
Linda Kellen - Mental Health and Developmental Disabilities Commission
Brian Ridler - Mental Health and Developmental Disabilities Commission
Ronald Walls - Mental Health and Developmental Disabilities Commission
Kittie Weston-Knauer - Mental Health and Developmental Disabilities Commission
AMENDMENT FILED
S-3017 S.R. 15 Michael E. Gronstal
© 2003 Cornell College and
League of Women Voters of Iowa
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