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Senate Journal: Thursday, February 27, 2003

JOURNAL OF THE SENATE

__________

FORTY-SIXTH CALENDAR DAY
TWENTY-EIGHTH SESSION DAY

Senate Chamber
Des Moines, Iowa, Thursday, February 27, 2003

The Senate met in regular session at 8:34 a.m., President Kramer
presiding.

Prayer was offered by the Reverend Susan Vergerout, pastor of the
First Presbyterian Church in Waterloo, Iowa. She was the guest of
Senator Redfern.

The Journal of Wednesday, February 26, 2003, was approved.

HOUSE MESSAGE RECEIVED

The following message was received from the Chief Clerk of the
House:

MADAM PRESIDENT: I am directed to inform your honorable body that the
House has on February 27, 2003, passed the following bill in which the concurrence of
the House was asked:

Senate File 211, a bill for an act providing for the establishment
of the state percent of growth for purposes of the state school
foundation program and providing an applicability date.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 8:38 a.m.
until 1:00 p.m. Monday, March 3, 2003.


APPENDIX

PRESENTATION OF VISITORS

The Chair welcomed the following visitors who were present in the
Senate gallery:

Graduates of Youth Homes of Mid-America accompanied by
Executive Director Ron Stiehl. Senator Kramer.

REPORTS OF COMMITTEE MEETINGS

APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

Convened: February 26, 2003, 3:25 p.m.

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

Members Absent: None.

Committee Business: Presentations by the Department of Corrections.

Adjourned: 4:35 p.m.

AGRICULTURE

Convened: February 27, 2003, 11:35 a.m.

Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Black, Courtney, Houser, Johnson, Kibbie, Putney, Ragan, Seng, Veenstra, and
Zieman.

Members Absent: Gaskill (excused).

Committee Business: Passed SF 147.

Adjourned: 11:45 a.m.

COMMERCE

Convened: February 27, 2003, 9:50 a.m.

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

Members Absent: Gronstal and Redfern (both excused).


Committee Business: Approved SSB 1018 (as amended).

Adjourned: 10:00 a.m.

LOCAL GOVERNMENT

Convened: February 27, 2003, 10:35 a.m.

Members Present: Gaskill, Chair; Miller, Vice Chair; Quirmbach, Ranking Member;
Angelo, Hatch, Hosch, Houser, Kreiman, McCoy, Seymour, Stewart, and Wieck.

Members Absent: Rehberg (excused).

Committee Business: Passed SFs 104 and 152 and approved SSB 1069. Approved
Governor’s appointees.

Adjourned: 11:05 a.m.

NATURAL RESOURCES AND ENVIRONMENT

Convened: February 27, 2003, 2:05 p.m.

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

Members Absent: Drake and Miller (both excused).

Committee Business: Approved SSBs 1081 and 1088 and the Governor’s appointee.
Presentation on wind power projects.

Adjourned: 2:40 p.m.

STATE GOVERNMENT

Convened: February 27, 2003, 10:35 a.m.

Members Present: Zieman, Chair; Sievers, Vice Chair; Kibbie, Ranking Member;
Black, Connolly, Courtney, Dearden, Drake, Ragan, Schuerer, Shull, Tinsman, and
Veenstra.

Members Absent: Johnson and Lamberti (both excused).

Committee Business: Approved SSB 1083.

Adjourned: 10:50 a.m.

INTRODUCTION OF RESOLUTIONS

Senate Concurrent Resolution 7, by committee on Government
Oversight, a concurrent resolution expressing the appreciation of the

Eightieth General Assembly to the membership of the Program
Elimination Commission for their efforts on behalf of the people of
Iowa.

Read first time under Rule 28 and placed on calendar.

Senate Concurrent Resolution 8, by Hosch, Beall, Quirmbach,
Warnstadt, Hatch, Dotzler, Gronstal, Stewart, Connolly, Kibbie,
Veenstra, Houser, Wieck, Seymour, Johnson, Rehberg, Zieman,
Brunkhorst, Putney, Lundby, Kettering, Schuerer, Behn, Sievers,
Gaskill, Redfern, McKibben, and Iverson, a concurrent resolution
supporting the completion of U.S. Highway 20 across northern Iowa
and requesting federal assistance.

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

INTRODUCTION OF BILLS

Senate File 222, by committee on Human Resources, a bill for an
act relating to anatomical gifts including bone marrow and organ
donation by state employees and grants from the anatomical gift
public awareness and transplantation fund.

Read first time under Rule 28 and placed on calendar.

Senate File 223, by committee on Government Oversight, a bill
for an act relating to life science enterprises by providing for
financing, and providing an effective date.

Read first time under Rule 28 and placed on calendar.

Senate File 224, by committee on Judiciary, a bill for an act
relating to appeals filed in child in need of assistance and termination
of parental rights proceedings.

Read first time under Rule 28 and placed on calendar.

Senate File 225, by Angelo, a bill for an act relating to charitable
contributions by establishing a community development program to
provide tax credits for income tax, franchise tax, premiums tax, and

moneys and credits tax for businesses contributing to community
development projects to aid certain neighborhoods and communities,
and by establishing an individual income tax credit for contributions
to certain qualified endowments, and including effective and
applicability date provisions.

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

Senate File 226, by Rehberg, a bill for an act relating to
disposition of an award of damages in a condemnation proceeding
pending appeal of the award to district court.

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

Senate File 227, by Holveck, Beall, Black, Bolkcom, Connolly,
Courtney, Dearden, Dotzler, Dvorsky, Fraise, Gronstal, Hatch, Horn,
Kibbie, Kreiman, McCoy, Quirmbach, Ragan, Seng, Stewart, and
Warnstadt, a bill for an act relating to third-party payment of health
care coverage costs for mental health conditions, including substance
abuse treatment services.

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

Senate File 228, by Miller, a bill for an act concerning the
commission on the status of women by adding men to the scope of the
commission and modifying the commission’s objectives.

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

Senate File 229, by McCoy, a bill for an act providing for a study
on a deferred retirement option program for the public safety peace
officers’ retirement, accident, and disability system and providing an
effective date.

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


Senate File 230, by committee on Local Government, a bill for an
act relating to the procedure for reducing the number of members of a
city council from five to three in certain cities.

Read first time under Rule 28 and placed on calendar.

Senate File 231, by Warnstadt, a bill for an act relating to a
competitively bid contract to provide technical assistance to school
districts and community-based organizations that provide mentoring
programs to youth and making an appropriation.

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

Senate File 232, by Lundby, a bill for an act requiring third-party
providers of policies, contracts, or plans that provide payment or
prepayment of health or medical expenses to provide coverage for
neurobiological disorders and underlying co-morbidity based on rates,
terms, and conditions that are no more restrictive than the rates,
terms, and conditions for other health or medical conditions under
the policy, contract, or plan, and providing for studies by the
insurance division of the department of commerce, and by the
department of public health.

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

Senate File 233, by Boettger and Ragan, a bill for an act relating
to mandatory newborn and infant hearing screening.

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

Senate File 234, by Bolkcom, Hatch, and Dvorsky, a bill for an
act relating to the use of marijuana for therapeutic purposes and
establishing a marijuana therapeutic research program.

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


Senate File 235, by committee on State Government, a bill for an
act 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.

Read first time under Rule 28 and placed on calendar.

STUDY BILLS RECEIVED

SSB 1118 Business and Labor Relations

Concerning public employee collective bargaining.

SSB 1119 State Government

Relating to elections and voter registration by implementing
requirements of federal law, modifying closing hours of the polls and
voter identification requirements, transferring duties relating to
conduct of elections and voter registration from the office of secretary
of state to the Iowa ethics and campaign disclosure board, and
making changes relating to absentee ballot applications, delivery of
absentee ballots to the county commissioner of elections, and
including effective date provisions.

SUBCOMMITTEE ASSIGNMENTS

Senate File 196

STATE GOVERNMENT: Dearden, Chair; Lamberti and Shull

Senate File 206

HUMAN RESOURCES: Schuerer, Chair; Behn and Hatch

Senate File 210

STATE GOVERNMENT: Johnson, Chair; Dearden and Schuerer

Senate File 215

HUMAN RESOURCES: Behn, Chair; Hatch and Hosch


Senate File 216

HUMAN RESOURCES: Schuerer, Chair; Hatch and Veenstra

Senate File 217

HUMAN RESOURCES: Schuerer, Chair; Horn and McKinley

House File 206

HUMAN RESOURCES: Veenstra, Chair; Boettger and Ragan

SSB 1118

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

SSB 1119

STATE GOVERNMENT: Zieman, Chair; Courtney and Sievers

COMMITTEE REPORTS

AGRICULTURE

Final Bill Action: SENATE FILE 147, a bill for an act providing for the
administration of funds for animal agriculture, including moneys transferred from and
deposited into these funds, and providing an effective date.

Recommendation: DO PASS.

Final Vote: Ayes, 14: Behn, Hosch, Fraise, Angelo, Black, Courtney, Houser,
Johnson, Kibbie, Putney, Ragan, Seng, Veenstra, and Zieman. Nays, none. Absent, 1:
Gaskill.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

GOVERNMENT OVERSIGHT

Final Bill Action: SENATE CONCURRENT RESOLUTION 7 (SSB 1112), a
concurrent resolution expressing the appreciation of the Eightieth General Assembly to
the membership of the Program Elimination Commission for their efforts on behalf of
the people of Iowa.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 5: Lundby, Brunkhorst, Courtney, Dvorsky and Wieck. Nays,
none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.


ALSO:

Final Bill Action: SENATE FILE 223 (SSB 1074), a bill for an act relating to life
science enterprises by providing for financing, and providing an effective date.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 5: Lundby, Brunkhorst, Courtney, Dvorsky and Wieck. Nays,
none. Absent, none.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.

HUMAN RESOURCES

Final Bill Action: *SENATE FILE 222 (formerly SF 123), a bill for an act relating to
anatomical gifts including bone marrow and organ donation by state employees and
grants from the anatomical gift public awareness and transplantation fund.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Veenstra, Seymour, Ragan, Behn, Boettger, Hatch, Holveck,
Horn, Hosch, Kreiman, McKinley, Schuerer, and Tinsman. 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 Human Resources Committee on Senate File 222, and
they were attached to the committee report.

JUDICIARY

Final Bill Action: *SENATE FILE 224 (SSB 1026), a bill for an act relating to
appeals filed in child in need of assistance and termination of parental rights
proceedings.

Recommendation: APPROVED COMMITTEE BILL.

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

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 Judiciary Committee on Senate File 224, and they were
attached to the committee report.

LOCAL GOVERNMENT

Final Bill Action: SENATE FILE 104, a bill for an act relating to the establishment
of multicounty jails, and making an appropriation.


Recommendation: DO PASS.

Final Vote: Ayes, 12: Gaskill, Miller, Quirmbach, Angelo, Hatch, Hosch, Houser,
Kreiman, McCoy, Seymour, Stewart, and Wieck. Nays, none. Absent, 1: Rehberg.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 152, a bill for an act relating to compensation for
members of county commissions of veteran affairs.

Recommendation: DO PASS.

Final Vote: Ayes, 12: Gaskill, Miller, Quirmbach, Angelo, Hatch, Hosch, Houser,
Kreiman, McCoy, Seymour, Stewart, and Wieck. Nays, none. Absent, 1: Rehberg.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: SENATE FILE 230 (SSB 1069), a bill for an act relating to the
procedure for reducing the number of members of a city council from five to three in
certain cities.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: Gaskill, Miller, Quirmbach, Angelo, Hatch, Hosch, Houser,
Kreiman, McCoy, Seymour, Stewart, and Wieck. Nays, none. Absent, 1: Rehberg.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

STATE GOVERNMENT

Final Bill Action: SENATE FILE 235 (SSB 1083), a bill for an act 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.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 12: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Ragan, Shull, Tinsman, and Veenstra. Nays, 1: Schuerer. Absent, 2: Johnson
and Lamberti.

Fiscal Note: REQUIRED UNDER JOINT RULE 17.


BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR

The Secretary of the Senate submitted the following report:

MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
following bill has been enrolled, signed by the President of the Senate and the Speaker
of the House, and presented to the Governor for his approval on this 27th day of
February, 2003:

Senate File 211.

MICHAEL E. MARSHALL
Secretary of the Senate

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:

LOCAL GOVERNMENT

Wynema Morris - Iowa Lewis and Clark Bicentennial Commission
Michele Walker - Iowa Lewis and Clark Bicentennial Commission

NATURAL RESOURCES AND ENVIRONMENT

Jerry Peckumn - Environmental Protection Commission

AMENDMENT FILED

S-3022 S.F. 134 Jeff Angelo

Previous Day: Wednesday, February 26Next Day: Monday, March 3
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