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Senate Journal: Tuesday, February 25, 2003

JOURNAL OF THE SENATE

__________

FORTY-FOURTH CALENDAR DAY
TWENTY-SIXTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, February 25, 2003

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

Prayer was offered by the Reverend Mick Schultz, pastor of the
New Covenant Bible Church in Cedar Rapids, Iowa. He was the
guest of Senator Lundby.

The Journal of Monday, February 24, 2003, was approved.

RECESS

On motion of Senator Boettger, the Senate recessed at 8:38 a.m.
until the completion of a meeting of the committee on Rules and
Administration.

RECONVENED

The Senate reconvened at 8:40 a.m., President Kramer presiding.

COMMITTEE REPORT

RULES AND ADMINISTRATION

Final Bill Action: SENATE RESOLUTION 16, a resolution honoring Iowa Wesleyan
College and its Responsible Social Involvement Program.

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.


CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Iverson asked and received unanimous consent to take up
for consideration Senate Resolution 16.

Senate Resolution 16

On motion of Senator Fraise, Senate Resolution 16, a resolution
honoring Iowa Wesleyan College and its Responsible Social
Involvement Program, with report of committee recommending
passage, was taken up for consideration.

Senator Fraise introduced to the Senate chamber Mr. William N.
Johnston, President of Iowa Wesleyan College.

Senator Fraise moved the adoption of Senate Resolution 16, which
motion prevailed by a voice vote.

RECESS

On motion of Senator Iverson, the Senate recessed at 8:45 a.m.
until 11:45 a.m.

RECONVENED

The Senate reconvened at 11:45 a.m., President Pro Tempore
Angelo presiding.

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 25, 2003, adopted the following resolution in which the
concurrence of the Senate is asked:

House Concurrent Resolution 6, a concurrent resolution
relating to the federal Medicare program and requesting assistance
from the federal government.


Read first time and referred to committee on Rules and
Administration.

ALSO: That the House has on February 25, 2003, passed the following bills in
which the concurrence of the Senate is asked:

House File 204, a bill for an act relating to massage therapy by
providing for a study regarding the modalities associated with
massage therapy and providing a temporary exemption from
licensure requirements.

Read first time and referred to committee on State Government.

House File 215, a bill for an act eliminating certain public
disclosure requirements by state banks.

Read first time and attached to companion Senate File 186.

House File 225, a bill for an act modifying workers’ compensation
laws and providing an effective date.

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

House File 240, a bill for an act relating to the composition of the
Iowa egg council.

Read first time and referred to committee on Agriculture.

ADJOURNMENT

On motion of Senator Gaskill, the Senate adjourned at 11:49 a.m.
until 8:30 a.m. Wednesday, February 26, 2003.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Wilma Bender, Waterloo — For celebrating your 100th birthday on February 17,
2003. Senator Courtney (2/25/03).

Tammy Cross Dann, Central College, Pella — For being recognized as a TRIO
Achiever. Senator McKinley (2/25/03).

Raymond and Marilyn Grohs, Sioux City — For celebrating your 50th wedding
anniversary on February 28, 2003. Senator Warnstadt (2/25/03).

Gladys Strout, Central College, Pella — For being recognized as a TRIO Champion.
Senator McKinley (2/25/03).

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: February 25, 2003, 9:40 a.m.

Members Present: Lamberti, Chair; Kramer, Vice Chair; Dvorsky, Ranking Member;
Behn, Black, Bolkcom, Connolly, Dotzler, Fraise, Gaskill, Hatch, Horn, Houser,
McKibben, McKinley, Miller, Schuerer, Seng, Seymour, Shull, Sievers, Tinsman,
Veenstra, Warnstadt, and Zieman.

Members Absent: None.

Committee Business: Approved SSB 1089.

Adjourned: 9:50 a.m.

ECONOMIC GROWTH

Convened: February 25, 2003, 2:00 p.m.

Members Present: Rehberg, Chair; Shull, Vice Chair; Hatch, Ranking Member;
Beall, Boettger, Dotzler, McKinley, Putney, Ragan, Seymour, Stewart, and Veenstra.

Members Absent: Larson (excused).

Committee Business: Approved Governor’s appointee and presentation by
representative of Vision Iowa Board.

Adjourned: 2:55 p.m.


NATURAL RESOURCES AND ENVIRONMENT

Convened: February 25, 2003, 2:10 p.m.

Members Present: Houser, Chair; Johnson, Vice Chair; Seng, Ranking Member;
Black, Bolkcom, Brunkhorst, Dearden, Drake, Holveck, Kettering, Kibbie, Lundby,
Wieck, and Zieman.

Members Absent: Miller (excused).

Committee Business: Presentation on deer regulations by representative of DNR.

Adjourned: 2:55 p.m.

RULES AND ADMINISTRATION

Convened: February 25, 2003, 8:40 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 SR 16.

Adjourned: 8:45 p.m.

STATE GOVERNMENT

Convened: February 25, 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 14 and 140 and approved Governor’s appointees.

Adjourned: 11:30 a.m.

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION

Convened: February 25, 2003, 3:20 p.m.

Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member;
Rehberg and Stewart.

Members Absent: None.


Committee Business: Presentation by Department of Commerce and Legislative
Fiscal Bureau.

Adjourned: 3:35 p.m.

INTRODUCTION OF RESOLUTIONS

Senate Concurrent Resolution 6, by Bolkcom, a concurrent
resolution opposing rule changes to the new source review air
pollution control program.

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

Senate Resolution 17, by Bolkcom, Gronstal, Connolly, Dvorsky,
Hatch, Beall, Quirmbach, Warnstadt, Courtney, Kreiman, Kibbie,
Seng, Black, Ragan, Holveck, Stewart, Dotzler, Dearden, Horn,
Fraise, and McCoy, a resolution identifying problems of Iowans in
meeting health care costs and calling upon candidates for national
office to provide proposals for addressing the health care needs of
Iowans and the people of the United States.

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

INTRODUCTION OF BILLS

Senate File 197, by Sievers, Tinsman, Houser, Schuerer, Behn,
Johnson, Rehberg, Zieman, Veenstra, McKinley, Wieck, Miller, and
Drake, a bill for an act abolishing county compensation boards.

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

Senate File 198, by McKinley, a bill for an act relating to school
bus route approval or mediation by area education agencies.

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

Senate File 199, by Lamberti, McCoy, Zieman, Houser, and
Kramer, a bill for an act providing for gambling on excursion boats

and at racetracks, by eliminating the cruise requirement for gambling
boats, providing for gambling games at racetrack enclosures and for
off-boat facilities, providing for the issuance of additional excursion
boat gambling licenses, and relating to the tax on the adjusted gross
receipts from gambling games.

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

Senate File 200, by committee on Transportation, a bill for an act
relating to requirements for securing children transported in certain
motor vehicles and making a penalty applicable.

Read first time under Rule 28 and placed on calendar.

Senate File 201, by committee on Education, a bill for an act
relating to a review of statistical information compiled by the board of
educational examiners from Praxis II examinations administered to
initial, provisional teaching license applicants.

Read first time under Rule 28 and placed on calendar.

Senate File 202, by committee on Appropriations, a bill for an act
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.

Read first time under Rule 28 and placed on Appropriations
calendar.

Senate File 203, by committee on State Government, a bill for an
act relating to the installation of certain aboveground petroleum
storage tanks.

Read first time under Rule 28 and placed on calendar.

Senate File 204, by committee on State Government, 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 placed on calendar.

Senate File 205, by Zieman, a bill for an act relating to property
tax school reorganization incentives for specified school districts, and
providing an effective date.

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

Senate File 206, by Schuerer, a bill for an act exempting birth
centers from the certificate of need process.

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

Senate File 207, by Warnstadt, a bill for an act establishing a
school infrastructure assistance program, and making an
appropriation.

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

STUDY BILLS RECEIVED

SSB 1107 Government Oversight (Reassigned)

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 1110 Education

Providing for annual increases in specified state aid to nonpublic
schools, making appropriations, and providing effective and
applicability dates.


SSB 1111 Education

Providing for the establishment of the state percent of growth for
purpose of the state school foundation program and providing an
applicability date.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 16

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 110
(Reassignment)

TRANSPORTATION: Putney, Chair; Drake and McCoy

Senate File 143

STATE GOVERNMENT: Drake, Chair; Lamberti and Ragan

Senate File 154

JUDICIARY: Miller, Chair; Kreiman and Tinsman

Senate File 160

JUDICIARY: McKibben, Chair; Horn and Putney

Senate File 163

JUDICIARY: Larson, Chair; Boettger and Holveck

Senate File 164

STATE GOVERNMENT: Veenstra, Chair; Black and Zieman

Senate File 171

JUDICIARY: Tinsman, Chair; Kreiman and Putney

Senate File 176

WAYS AND MEANS: McKibben, Chair; Miller and Quirmbach

Senate File 177

LOCAL GOVERNMENT: Rehberg, Chair; Stewart and Wieck


Senate File 178

ECONOMIC GROWTH: Putney, Chair; Shull and Stewart

Senate File 179

WAYS AND MEANS: McKinley, Chair; Bolkcom and Lamberti

Senate File 182

BUSINESS AND LABOR RELATIONS: Wieck, Chair; Courtney and Johnson

Senate File 184

STATE GOVERNMENT: Johnson, Chair; Ragan and Veenstra

Senate File 190

TRANSPORTATION: Drake, Chair; Fraise and Putney

Senate File 191

AGRICULTURE: Zieman, Chair; Black and Hosch

Senate File 193

WAYS AND MEANS: Shull, Chair; Lamberti and Quirmbach

Senate File 194

WAYS AND MEANS: McKinley, Chair; Bolkcom and McKibben

Senate File 195

WAYS AND MEANS: Miller, Chair; Lamberti and Stewart

House Joint Resolution 3

STATE GOVERNMENT: Courtney, Chair; Shull and Tinsman

House File 170

JUDICIARY: Miller, Chair; Kreiman and Putney

House File 171

JUDICIARY: Quirmbach, Chair; Putney and Tinsman

House File 240

AGRICULTURE: Angelo, Chair; Gaskill and Kibbie


SSB 1107
(Reassignment)

GOVERNMENT OVERSIGHT: Brunkhorst, Chair; and Dvorsky

SSB 1110

EDUCATION: Rehberg, Chair; Boettger and Connolly

SSB 1111

EDUCATION: Boettger, Chair; Connolly and McKinley

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 202 (SSB 1089), a bill for an act 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.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 25: Lamberti, Kramer, Dvorsky, Behn, Black, Bolkcom, Connolly,
Dotzler, Fraise, Gaskill, Hatch, Horn, Houser, McKibben, McKinley, Miller, Schuerer,
Seng, Seymour, Shull, Sievers, Tinsman, Veenstra, Warnstadt, and Zieman. Nays,
none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

EDUCATION

Final Bill Action: SENATE FILE 201 (SSB 1054), a bill for an act relating to a
review of statistical information compiled by the board of educational examiners from
Praxis II examinations administered to initial, provisional teaching license applicants.

Recommendation: APPROVED COMMITTEE BILL.

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.

STATE GOVERNMENT

Final Bill Action: SENATE FILE 203 (formerly SF 14), a bill for an act relating to
the installation of certain aboveground petroleum storage tanks.


Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 11: Zieman, Sievers, Kibbie, Courtney, Drake, Johnson, Lamberti,
Schuerer, Shull, Tinsman, and Veenstra. Nays, 4: Black, Connolly, Dearden, and
Ragan. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 204 (formerly SF 140), 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.

Recommendation: APPROVED COMMITTEE BILL.

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 200 (formerly SF 28), a bill for an act relating to
requirements for securing children transported in certain motor vehicles and making a
penalty applicable.

Recommendation: APPROVED COMMITTEE BILL.

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.

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:

BUSINESS AND LABOR RELATIONS

Neil Barrick - Public Employment Relations Board

ECONOMIC GROWTH

Carol Garrett - Iowa Capital Investment Board

EDUCATION

Neala Arnold - State Board of Regents

STATE GOVERNMENT

Jamie Howard - Commission on the Status of African-Americans

Carla Eshelman - Board of Massage Therapy Examiners

James O’Neill - Real Estate Commission

Anne Duffy - Iowa Board of Veterinary Medicine

Previous Day: Monday, February 24Next Day: Wednesday, February 26
Senate Journal: Index House Journal: Index
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