Senate Journal: Thursday, March 6, 2003
JOURNAL OF THE SENATE
__________
FIFTY-THIRD CALENDAR DAY
THIRTY-SECOND SESSION DAY
Senate Chamber
Des Moines, Iowa, Thursday, March 6, 2003
The Senate met in regular session at 8:34 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Doug Peters, pastor of the
Walnut Hills United Methodist Church in Urbandale, Iowa. He was
the guest of Senator Kramer.
The Journal of Wednesday, March 5, 2003, was approved.
BILLS REFERRED TO COMMITTEE
Senator Iverson asked and received unanimous consent that
Senate Files 237 and 268 be referred from the Regular Calendar to
the committee on Ways and Means.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 8:49 a.m.
until 1:00 p.m. Monday, March 10, 2003.
APPENDIX
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Agnes Doty, Sioux City — For celebrating your 95th birthday on March 1, 2003.
Senator Warnstadt (3/6/03).
Jerry Gadbois, Sioux City — For celebrating your 94th birthday on March 14, 2003.
Senator Warnstadt (3/6/03).
George Naylor, Churdan — For being elected president of the National Family
Farm Coalition. Senator Beall (3/6/03).
Erik Puls, Dubuque — For achieving the rank of Eagle Scout, Boy Scout Troop 22.
Senator Connolly (3/6/03).
Cory Allen Weinschenk, Bellevue — For achieving the rank of Eagle Scout.
Senator Stewart (3/6/03).
REPORTS OF COMMITTEE MEETINGS
BUSINESS AND LABOR RELATIONS
Convened: March 5, 2003, 9:45 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: Approved SSB 1118 and presentation by the PER Board.
Recessed: 10:30 a.m.
Reconvened: March 6, 2003, 9:00 a.m.
Adjourned: 9:10 a.m.
APPROPRIATIONS SUBCOMMITTEE ON EDUCATION
Convened: March 5, 2003, 3:05 p.m.
Members Present: Schuerer, Chair; Boettger, Vice Chair; Horn, Ranking Member;
Kibbie and Shull.
Members Absent: None.
Committee Business: Discussion regarding the subcommittee budget targets.
Adjourned: 3:40 p.m.
APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES
Convened: March 5, 2003, 3:15 p.m.
Members Present: Hatch, Ranking Member; Bolkcom and Veenstra.
Members Absent: Tinsman, Chair; and Johnson, Vice Chair (both excused).
Committee Business: Presentations on the Medicaid Pharmaceutical Case
Management program, the Child Care and Field Operations Support Units, and the
Statewide Vision Screening program.
Adjourned: 5:00 p.m.
APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM
Convened: March 5, 2003, 3:05 p.m.
Members Present: Miller, Chair; Angelo, Vice Chair; Fraise, Ranking Member;
Hosch and Kreiman.
Members Absent: None.
Committee Business: Discussion regarding the subcommittee budget bills for the
judicial branch and the justice system.
Adjourned: 3:55 p.m.
AGRICULTURE
Convened: March 6, 2003, 2:05 p.m.
Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Black, Courtney, Gaskill, Houser, Kibbie, Putney, Ragan, Seng, Veenstra, and
Zieman.
Members Absent: Johnson (excused).
Committee Business: Presentation by the ISU Dean of Agriculture.
Adjourned: 2:50 p.m.
ECONOMIC GROWTH
Convened: March 6, 2003, 1:05 p.m.
Members Present: Rehberg, Chair; Shull, Vice Chair; Hatch, Ranking Member;
Beall, Boettger, McKinley, Putney, Seymour, Stewart, and Veenstra.
Members Absent: Dotzler, Larson, and Ragan (all excused).
Committee Business: Approved Governor’s appointee.
Adjourned: 1:10 p.m.
HUMAN RESOURCES
Convened: March 6, 2003, 8:45 a.m.
Members Present: Veenstra, Chair; Seymour, Vice Chair; Ragan, Ranking Member;
Behn, Boettger, Horn, Hosch, Kreiman, and McKinley.
Members Absent: Hatch, Holveck, Schuerer, and Tinsman (all excused).
Committee Business: Approved Governor’s appointees.
Adjourned: 8:55 a.m.
RULES AND ADMINISTRATION
Convened: March 6, 2003, 8:50 a.m.
Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member;
Boettger, Courtney, Drake, Dvorsky, Gaskill, Putney, and Sievers.
Members Absent: Ragan (excused).
Committee Business: Passed SCR 8, SR 20, and HCR 6.
Adjourned: 8:55 a.m.
STATE GOVERNMENT
Convened: March 6, 2003, 10:05 a.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Kibbie, Ranking Member;
Black, Connolly, Courtney, Dearden, Drake, Johnson, Lamberti, Ragan, Schuerer,
Shull, and Veenstra.
Members Absent: Tinsman (excused).
Committee Business: Passed SFs 196 and 199 and HJR 3. Approved SSBs 1104 and
1114.
Adjourned: 10:45 a.m.
APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
REGULATION
Convened: March 6, 2003, 3:05 p.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member;
Rehberg and Stewart.
Members Absent: None.
Committee Business: Passed the subcommittee’s appropriations bill.
Adjourned: 4:05 p.m.
INTRODUCTION OF BILLS
Senate File 299, by Kreiman, a bill for an act relating to
telephone solicitations, including establishing certain restrictions on
telephone solicitors, providing for registration for persons choosing
not to receive certain telephone solicitations, and providing penalties
and remedies.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 300, by Rehberg, a bill for an act relating to the
registration and regulation of off-highway vehicles, providing fees,
and making penalties applicable.
Read first time under Rule 28 and referred to committee on
Natural Resources and Environment.
Senate File 301, by Kreiman, a bill for an act requiring evidence
of financial liability coverage for issuance or renewal of a driver’s
license.
Read first time under Rule 28 and referred to committee on
Transportation.
Senate File 302, by Kreiman, a bill for an act requiring the
department of human services to report annually concerning the costs
and benefits of various contracted services under the medical
assistance program.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 303, by Kreiman, a bill for an act relating to the
contents of certain child abuse assessment reports.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 304, by Kreiman, a bill for an act relating to the
delivery of curriculum via the internet by instructional personnel
employed by an accredited postsecondary educational institution
under a contract with a school district.
Read first time under Rule 28 and referred to committee on
Education.
Senate File 305, by Dvorsky, a bill for an act relating to the
apportionment or transfer of a judgeship among judicial election
districts.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 306, by Hatch, a bill for an act relating to the
construction, location, and accessibility of storm shelters at
manufactured home communities and mobile home parks.
Read first time under Rule 28 and referred to committee on Local
Government.
Senate File 307, by Beall and Kreiman, a bill for an act relating
to telecommunication services, including creating restrictions for
telephone solicitors and the use of telemarketing equipment,
establishing registration for persons choosing not to receive certain
telephone solicitations, establishing a private cause of action,
requiring consumer notification of rights, providing for the
establishment of fees, and providing penalties.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 308, by Kreiman, a bill for an act relating to
delegation of the duties of an engineer for certain public
improvements by cities and counties.
Read first time under Rule 28 and referred to committee on Local
Government.
Senate File 309, by Kreiman, a bill for an act relating to non-
English-speaking employees and their rights and remedies and
creating the position of meatpacking worker rights coordinator.
Read first time under Rule 28 and referred to committee on
Business and Labor Relations.
Senate File 310, by Bolkcom, a bill for an act relating to the
limitations in the use of moneys in the senior living trust fund and
providing an effective date and providing for retroactive applicability.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 311, by Bolkcom, Dvorsky, Quirmbach, Dearden,
Holveck, Hatch, Connolly, Horn, Kibbie, and Fraise, a bill for an act
providing for the restoration of the right to vote for certain persons.
Read first time under Rule 28 and referred to committee on State
Government.
Senate File 312, by Warnstadt, a bill for an act implementing the
federal Indian Child Welfare Act and providing an effective date.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 313, by committee on Business and Labor Relations,
a bill for an act concerning public employee collective bargaining.
Read first time under Rule 28 and placed on calendar.
Senate File 314, by committee on Education, a bill for an act
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.
Read first time under Rule 28 and placed on calendar.
Senate File 315, by committee on Transportation, a bill for an act
relating to enforcement of motor vehicle law provisions and making
penalties applicable.
Read first time under Rule 28 and placed on calendar.
Senate File 316, by committee on Education, 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 placed on calendar.
Senate File 317, by committee on Judiciary, a bill for an act
relating to fraudulent use of a credit card, scanning device, or
reencoder, and providing a penalty.
Read first time under Rule 28 and placed on calendar.
Senate File 318, by committee on State Government, a bill for an
act relating to the establishment of a bona fide retirement under the
Iowa public employees’ retirement system.
Read first time under Rule 28 and placed on calendar.
Senate File 319, by committee on State Government, a bill for an
act 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.
Read first time under Rule 28 and placed on calendar.
Senate File 320, by Warnstadt, Courtney, Kreiman, Holveck,
Dearden, Fraise, Seng, Quirmbach, Stewart, Dotzler, Ragan, Black,
Kibbie, Gronstal, Connolly, Beall, Bolkcom, Horn, and Dvorsky, a bill
for an act relating to group health coverage for members of the
national guard or organized reserves of the armed forces of the
United States.
Read first time under Rule 28 and referred to committee on
Commerce.
Senate File 321, by Tinsman and Ragan, a bill for an act
requiring additional services to be included under the medical
assistance program home and community-based services waiver for
persons with mental retardation.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate File 322, by Houser, a bill for an act relating to providing
financing to agricultural processors, providing for bonding authority,
and providing an appropriation.
Read first time under Rule 28 and referred to committee on
Agriculture.
Senate File 323, by Beall, Warnstadt, Ragan, Bolkcom, Black,
Kibbie, Horn, Connolly, Dvorsky, Hatch, Fraise, Dotzler, Courtney,
Quirmbach, Kreiman, Stewart, Holveck, Gronstal, Seng, and
Dearden, a bill for an act relating to the termination of a lease or
rental agreement for a premises used as a dwelling by an Iowa
national guard service member during state military service.
Read first time under Rule 28 and referred to committee on
Commerce.
STUDY BILLS RECEIVED
SSB 1146 Judiciary
Relating to landlords, tenants and actions for forcible entry or
detention.
SSB 1147 Commerce
Relating to the marketing of motor vehicle fuel and making
penalties applicable.
SSB 1148 Commerce
Relating to security interests in farm products, providing for fees
and their expenditures, and provisions for the Act’s applicability.
SSB 1149 Human Resources
Providing for premarital and marital mediation agreements.
SSB 1150 Economic Growth
Relating to animal biotechnology by creating an animal
biotechnology commercialization fund, extending the time period
during which a life science enterprise may purchase agricultural
land, making appropriations, and providing an effective date.
SSB 1151 Natural Resources and Environment
Authorizing the natural resource commission to issue park user
permits and collect fees for the use of state lands under its
jurisdiction providing for writing fees, making an appropriations,
providing civil and criminal penalties, and providing an effective
date.
SSB 1152 Commerce
Relating to property insurance, including establishment of a
mandatory plan to assure fair access to insurance requirements, and
providing for an effective date and retroactive applicability.
SUBCOMMITTEE ASSIGNMENTS
Senate File 280
HUMAN RESOURCES: Veenstra, Chair; Horn and Seymour
Senate File 282
TRANSPORTATION: Rehberg, Chair; Fraise and Zieman
Senate File 283
ECONOMIC GROWTH: McKinley, Chair; Hatch and Veenstra
Senate File 285
ECONOMIC GROWTH: Shull, Chair; Boettger and Dotzler
Senate File 286
ECONOMIC GROWTH: Shull, Chair; Dotzler and Larson
Senate File 287
ECONOMIC GROWTH: Shull, Chair; Dotzler and McKinley
Senate File 290
COMMERCE: Angelo, Chair; Warnstadt and Wieck
Senate File 292
HUMAN RESOURCES: Tinsman, Chair; Hatch and Schuerer
Senate File 294
STATE GOVERNMENT: Sievers, Chair; Ragan and Tinsman
Senate File 295
ECONOMIC GROWTH: Shull, Chair; Dotzler and Seymour
Senate File 299
COMMERCE: Angelo, Chair; Warnstadt and Wieck
Senate File 307
COMMERCE: Angelo, Chair; Warnstadt and Wieck
House File 319
COMMERCE: Behn, Chair; Sievers and Warnstadt
SSB 1146
JUDICIARY: Redfern, Chair; Larson and McCoy
SSB 1147
COMMERCE: Larson, Chair; Behn and Warnstadt
SSB 1148
COMMERCE: Behn, Chair; Sievers and Stewart
SSB 1149
HUMAN RESOURCES: Veenstra, Chair; Boettger and Ragan
SSB 1150
ECONOMIC GROWTH: Veenstra, Chair; Hatch and Putney
SSB 1151
NATURAL RESOURCES AND ENVIRONMENT: Houser, Chair; Johnson and Seng
SSB 1152
COMMERCE: Wieck, Chair; Angelo and McCoy
COMMITTEE REPORTS
BUSINESS AND LABOR RELATIONS
Final Bill Action: SENATE FILE 313 (SSB 1118), a bill for an act concerning public
employee collective bargaining.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 6: Schuerer, Johnson, Kettering, McKibben, Seymour, and Wieck.
Nays, 5: Lundby, Dearden, Courtney, Dotzler, and Horn. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
EDUCATION
Final Bill Action: *SENATE FILE 314 (SSB 1093), a bill for an act 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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 10: Boettger, McKinley, Connolly, Angelo, Beall, Behn,
Brunkhorst, Hosch, Kreiman, and Rehberg. Nays, 5: Dvorsky, Holveck, Larson,
Quirmbach, and Redfern. 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 Education Committee on Senate File 314, and they were
attached to the committee report.
ALSO:
Final Bill Action: *SENATE FILE 316 (formerly SF 169), 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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Boettger, McKinley, Connolly, Angelo, Beall, Behn,
Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman, Larson, Quirmbach, Redfern, and
Rehberg. 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 Education Committee on Senate File 316, and they were
attached to the committee report.
JUDICIARY
Final Bill Action: *SENATE FILE 317 (SSB 1050), a bill for an act relating to
fraudulent use of a credit card, scanning device, or reencoder, and providing a penalty.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Redfern, Larson, Kreiman, Boettger, Fraise, Holveck, Horn,
Kettering, Lamberti, McCoy, McKibben, Miller, Putney, and Quirmbach. Nays, none.
Absent, 1: Tinsman.
Fiscal Note: 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 317, and they were
attached to the committee report.
RULES AND ADMINISTRATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 8, a concurrent
resolution supporting the completion of U.S. Highway 20 across northern Iowa and
requesting federal assistance.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Gaskill, Putney, and Sievers. Nays, none. Absent, 1: Ragan.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 20, a resolution honoring the City of
Clarinda on its sesquicentennial year.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Gaskill, Putney, and Sievers. Nays, none. Absent, 1: Ragan.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE CONCURRENT RESOLUTION 6, a concurrent resolution
relating to the federal Medicare program and requesting assistance from the federal
government.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Courtney, Drake,
Dvorsky, Gaskill, Putney, and Sievers. Nays, none. Absent, 1: Ragan.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
STATE GOVERNMENT
Final Bill Action: HOUSE JOINT RESOLUTION 3, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to the qualification of
electors.
Recommendation: DO PASS.
Final Vote: Ayes, 13: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Ragan, Schuerer, Shull, and Veenstra. Nays, none. Absent, 2:
Lamberti and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 196, a bill for an act relating to rotation of judges’
names on the ballots in certain counties.
Recommendation: DO PASS.
Final Vote: Ayes, 14: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Lamberti, Ragan, Schuerer, Shull, and Veenstra. Nays, none.
Absent, 1: Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 318 (SSB 1114), a bill for an act relating to the
establishment of a bona fide retirement under the Iowa public employees’ retirement
system.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Ragan, Schuerer, Shull, and Veenstra. Nays, none. Absent, 2:
Lamberti and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 319 (SSB 1104), a bill for an act 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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Ragan, Schuerer, Shull, and Veenstra. Nays, none. Absent, 2:
Lamberti and Tinsman.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Final Bill Action: *SENATE FILE 315 (SSB 1041), a bill for an act relating to
enforcement of motor vehicle law provisions and making penalties applicable.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 11: Drake, Putney, McCoy, Beall, Dearden, Houser, Kettering,
Rehberg, Shull, Warnstadt, and Zieman. Nays, none. Absent, 2: Fraise and Johnson.
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 Transportation Committee on Senate File 315, and they
were attached to the committee report.
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:
HUMAN RESOURCES
Ruth White - Director of the Department of Human Rights
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:
ECONOMIC GROWTH
Michael Blouin - Director of the Department of Economic Development
© 2003 Cornell College and
League of Women Voters of Iowa
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