Senate Journal: Tuesday, March 11, 2003
JOURNAL OF THE SENATE
__________
FIFTY-EIGHTH CALENDAR DAY
THIRTY-FOURTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, March 11, 2003
The Senate met in regular session at 8:33 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Jim W. Morris, pastor of the
United Methodist Church in Emmetsburg, Iowa. He was the guest of
Senator Kibbie.
The Journal of Monday, March 10, 2003, was approved.
SPECIAL GUEST
Senator Iverson welcomed to the Senate chamber the Honorable
John Redwine, former member of the Senate from Plymouth County.
The Senate rose and expressed its welcome.
BILLS REFERRED TO COMMITTEES
Senator Iverson asked and received unanimous consent that
Senate File 333 be referred from the Regular Calendar to the
committee on Appropriations and that Senate File 314 be referred
from the Regular Calendar to the committee on Ways and Means.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 9:00 a.m.
until 8:30 a.m. Wednesday, March 12, 2003.
APPENDIX
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Maria Abens, Manson — For celebrating your 99th birthday on February 9, 2003.
Senator Beall (3/11/03).
Mark Augspurger, Norwalk Schools — For being selected as having Exemplary
Entries Using Technology in the Statewide Showcase on Educational Technology
Projects. Senator Shull (3/11/03).
Charles City High School Speech and Drama Team, Charles City — For winning
the Critics Choice Award at the 2003 All-State Speech Festival. Senator Ragan
(3/11/03).
Dan and Arlene Huhn, Nevada — For celebrating your 50th wedding anniversary.
Senator Iverson (3/11/03).
Sandi Lathrum, Norwalk Schools — For being selected as having Exemplary
Entries Using Technology in the Statewide Showcase on Educational Technology
Projects. Senator Shull (3/11/03).
Ella Lembke, Rockwell — For celebrating your 90th birthday on March 15, 2003.
Senator Ragan (3/11/03).
Jeremy Leusink, Norwalk Schools — For being selected as having Exemplary
Entries Using Technology in the Statewide Showcase on Educational Technology
Projects. Senator Shull (3/11/03).
Howard and Velda Mallow, Webster City — For celebrating your 72nd wedding
anniversary. Senator Iverson (3/11/03).
Tabitha Pauly, Carter Lake — For being awarded Second Place Best Essay on
Women in Science and Engineering for eighth and ninth grades in the “Write Women
Back Into History” contest. Senator Gronstal (3/11/03).
REPORTS OF COMMITTEE MEETINGS
COMMERCE
Convened: March 10, 2003, 3:05 p.m.
Members Present: Angelo, Chair; Wieck, Vice Chair; Warnstadt, Ranking Member;
Beall, Behn, Bolkcom, Brunkhorst, Kettering, McCoy, Redfern, Schuerer, Sievers, and
Stewart.
Members Absent: Gronstal and Larson (both excused).
Committee Business: Approved SSB 1109 (as amended).
Adjourned: 3:10 p.m.
BUSINESS AND LABOR RELATIONS
Convened: March 11, 2003, 10:30 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 1155.
Adjourned: 11:20 a.m.
COMMERCE
Convened: March 11, 2003, 2:50 p.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: Passed SF 242 and approved SSB 1124 (as amended).
Adjourned: 3:10 p.m.
NATURAL RESOURCES AND ENVIRONMENT
Convened: March 11, 2003, 9:10 a.m.
Members Present: Houser, Chair; Johnson, Vice Chair; Seng, Ranking Member;
Black, Bolkcom, Brunkhorst, Dearden, Drake, Holveck, Kettering, Kibbie, Lundby,
Miller, Wieck, and Zieman.
Members Absent: None.
Committee Business: Passed SF 187 and approved SSBs 1035 and 1125.
Adjourned: 9:40 a.m.
INTRODUCTION OF RESOLUTIONS
Senate Joint Resolution 3, by Lundby, a joint resolution
proposing an amendment to the Constitution of the State of Iowa to
ensure that the moneys in the senior living trust fund are expended
only for the purposes specified for the trust fund.
Read first time under Rule 28 and referred to committee on
Human Resources.
Senate Joint Resolution 4, by Kramer, a joint resolution
proposing redesign of the Medicaid system.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
Senate Concurrent Resolution 9, by Ragan and Kramer, a
concurrent resolution designating March 2003 as Iowa Women’s
History Month.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILLS
Senate File 332, by committee on State Government, a bill for an
act relating to the number of votes required to be received in the
primary election to be a political party nominee on the general
election ballot.
Read first time under Rule 28 and placed on calendar.
Senate File 333, by committee on State Government, 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 placed on calendar.
Senate File 334, by committee on Local Government, a bill for an
act providing for exceptions to municipal tort liability for claims
arising from bicycling on public property.
Read first time under Rule 28 and placed on calendar.
Senate File 335, by Houser, a bill for an act relating to a
countywide hotel and motel tax by providing for the imposition of the
tax and the use of the revenues from the tax.
Read first time under Rule 28 and referred to committee on Ways
and Means.
Senate File 336, by Hatch, a bill for an act relating to agreements
for financial assistance and administrative rules under the vision
Iowa program.
Read first time under Rule 28 and referred to committee on
Economic Growth.
Senate File 337, by Johnson, a bill for an act relating to the
authority of a local governmental entity to regulate the application,
use, sale, and distribution of fertilizers and soil conditioners.
Read first time under Rule 28 and referred to committee on
Agriculture.
Senate File 338, by Behn, Lamberti, Rehberg, Brunkhorst,
Houser, Hosch, McKibben, Sievers, Gaskill, Putney, McKinley,
Seymour, Schuerer, Angelo, and Kettering, a bill for an act applying
the death penalty or life imprisonment for the offense of first degree
murder, by establishing circumstances under which the death penalty
will be applied, by providing a minimum age for imposition of a death
sentence, by providing for review of death sentences, by providing for
execution by lethal injection, by amending the rules of criminal
procedure, and by providing an effective date and for the Act’s
applicability.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 339, by Kibbie, Fraise, Stewart, Seng, and Connolly,
a bill for an act relating to agricultural contracts and providing
penalties.
Read first time under Rule 28 and referred to committee on
Agriculture.
Senate File 340, by committee on Commerce, a bill for an act
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.
Read first time under Rule 28 and placed on calendar.
Senate File 341, by committee on Agriculture, a bill for an act
regulating the balance of competitive forces in swine and beef
production by enhancing the welfare of the farming community and
by preventing processors from gaining control of beef or swine
production, providing for the transfer of provisions, making a penalty
applicable, and providing for an effective date.
Read first time under Rule 28 and placed on calendar.
Senate File 342, by committee on Natural Resources and
Environment, a bill for an act relating to the sale of wine produced by
native wineries in this state.
Read first time under Rule 28 and placed on calendar.
Senate File 343, by committee on Natural Resources and
Environment, 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 placed on calendar.
Senate File 344, by committee on Business and Labor Relations,
a bill for an act concerning regulatory and statutory requirements
impacting business relating to liability reform, unemployment
compensation benefits eligibility and employer contributions,
workers’ compensation, occupational safety and health
administration training and compliance requirements, financial
services and restrictions on property rights, environmental regulatory
requirements, and public project contractor requirements.
Read first time under Rule 28 and placed on calendar.
Senate File 345, by Hosch, a bill for an act relating to the sale of
nursery stock by state nurseries.
Read first time under Rule 28 and referred to committee on
Business and Labor Relations.
Senate File 346, by Putney, a bill for an act relating to repeat
operating a motor vehicle while intoxicated violations and providing
penalties.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 347, by Seng, a bill for an act creating a criminal
offense for allowing a dog to run at large after the dog caused physical
injury and providing a penalty.
Read first time under Rule 28 and referred to committee on
Judiciary.
Senate File 348, by committee on Natural Resources and
Environment, a bill for an act relating to fishing by establishing fees,
allocating fishing license revenue to fish habitat development,
modifying trout fishing fee requirements, and providing effective and
applicability dates.
Read first time under Rule 28 and placed on calendar.
STUDY BILLS RECEIVED
SSB 1157 Human Resources
Relating to child care requirements involving prohibitions against
involvement with child care, record checks and evaluations performed
by the department of human services, eligibility for state assistance,
and child care fraud program sanctions, and making penalties
applicable.
SSB 1158 Judiciary
Relating to certain agricultural liens.
SSB 1159 Judiciary
Relating to detaining or the placement of criminal defendants who
are mentally incompetent or dangerous and providing for a study.
SSB 1160 Natural Resources and Environment
Relating to E-85 ethanol.
SUBCOMMITTEE ASSIGNMENTS
Senate File 40
(Reassignment)
NATURAL RESOURCES AND ENVIRONMENT: Brunkhorst, Chair; Dearden,
Houser, Kibbie, and Miller
Senate File 237
WAYS AND MEANS: Bolkcom, Chair; Miller and Sievers
Senate File 268
WAYS AND MEANS: Seng, Chair; Angelo and Rehberg
Senate File 279
WAYS AND MEANS: Miller, Chair; Rehberg and Stewart
Senate File 284
WAYS AND MEANS: Larson, Chair; McCoy and Sievers
Senate File 291
WAYS AND MEANS: Hosch, Chair; Sievers and Stewart
Senate File 300
NATURAL RESOURCES AND ENVIRONMENT: Zieman, Chair; Black and Wieck
Senate File 311
STATE GOVERNMENT: Schuerer, Chair; Dearden and Sievers
Senate File 314
WAYS AND MEANS: Angelo, Chair; Connolly and Sievers
Senate File 322
AGRICULTURE: Houser, Chair; Kibbie and Putney
Senate File 324
STATE GOVERNMENT: Drake, Chair; Johnson and Kibbie
Senate File 325
STATE GOVERNMENT: Sievers, Chair; Black and Tinsman
Senate File 326
WAYS AND MEANS: Hosch, Chair; Bolkcom and Lamberti
Senate File 333
APPROPRIATIONS: Lamberti, Chair; Dvorsky and Kramer
Senate File 335
WAYS AND MEANS: McKinley, Chair; Lamberti and Quirmbach
Senate File 346
JUDICIARY: Putney, Chair; McCoy and McKibben
House File 304
WAYS AND MEANS: Sievers, Chair; Angelo and Dotzler
SSB 1157
HUMAN RESOURCES: Tinsman, Chair; Ragan and Veenstra
SSB 1158
JUDICIARY: Miller, Chair; Kreiman and McKibben
SSB 1159
JUDICIARY: Larson, Chair; Holveck and Lamberti
SSB 1160
NATURAL RESOURCES AND ENVIRONMENT: Houser, Chair; Johnson and Kibbie
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: SENATE FILE 341 (SSB 1144), a bill for an act regulating the
balance of competitive forces in swine and beef production by enhancing the welfare of
the farming community and by preventing processors from gaining control of beef or
swine production, providing for the transfer of provisions, making a penalty applicable,
and providing for an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Behn, Hosch, Fraise, Angelo, Black, Gaskill, Houser, Johnson,
Kibbie, Ragan, Seng, Veenstra, and Zieman. Nays, none. Absent, 2: Courtney and
Putney.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
BUSINESS AND LABOR RELATIONS
Final Bill Action: SENATE FILE 344 (SSB 1155), a bill for an act concerning
regulatory and statutory requirements impacting business relating to liability reform,
unemployment compensation benefits eligibility and employer contributions, workers’
compensation, occupational safety and health administration training and compliance
requirements, financial services and restrictions on property rights, environmental
regulatory requirements, and public project contractor requirements.
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.
COMMERCE
Final Bill Action: SENATE FILE 242, a bill for an act relating to the imposition of a
revenue nondistribution tax on certain credit unions and including an applicability
date provision.
Recommendation: DO PASS.
Final Vote: Ayes, 8: Angelo, Wieck, Behn, Kettering, McCoy, Schuerer, Sievers, and
Stewart. Nays, 7: Warnstadt, Beall, Bolkcom, Brunkhorst, Gronstal, Larson, and
Redfern. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 340 (SSB 1109), a bill for an act 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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 13: Angelo, Wieck, Warnstadt, Beall, Behn, Bolkcom, Brunkhorst,
Kettering, McCoy, Redfern, Schuerer, Sievers, and Stewart. Nays, none. Absent, 2:
Gronstal and Larson.
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 Commerce Committee on Senate File 340, and they
were attached to the committee report.
LOCAL GOVERNMENT
Final Bill Action: SENATE FILE 39, a bill for an act relating to property tax
assessments of subdivided property and providing an applicability date.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3031.
Final Vote: Ayes, 13: Gaskill, Miller, Quirmbach, Angelo, Hatch, Hosch, Houser,
Kreiman, McCoy, Rehberg, Seymour, Stewart, and Wieck. Nays, none. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 334 (SSB 1090), a bill for an act providing for
exceptions to municipal tort liability for claims arising from bicycling on public
property.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Gaskill, Miller, Quirmbach, Angelo, Hatch, Hosch, Houser,
McCoy, Rehberg, Seymour, Stewart, and Wieck. Nays, 1: Kreiman. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
NATURAL RESOURCES AND ENVIRONMENT
Final Bill Action: SENATE FILE 342 (SSB 1125), a bill for an act relating to the sale
of wine produced by native wineries in this state.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 15: Houser, Johnson, Seng, Black, Bolkcom, Brunkhorst, Dearden,
Drake, Holveck, Kettering, Kibbie, Lundby, Miller, Wieck, and Zieman. Nays, none.
Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 343 (formerly SF 187), a bill for an act relating to
operation permits for public disposal systems and providing an effective date.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Houser, Johnson, Seng, Black, Brunkhorst, Drake, Kettering,
Kibbie, Lundby, Miller, Wieck, and Zieman. Nays, 3: Bolkcom, Dearden, and Holveck.
Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: *SENATE FILE 348 (SSB 1035), a bill for an act relating to fishing
by establishing fees, allocating fishing license revenue to fish habitat development,
modifying trout fishing fee requirements, and providing effective and applicability
dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Houser, Johnson, Seng, Black, Bolkcom, Brunkhorst, Dearden,
Drake, Kettering, Kibbie, Lundby, Miller, Wieck, and Zieman. Nays, 1: Holveck.
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 Natural Resources and Environment Committee on
Senate File 348, and they were attached to the committee report.
STATE GOVERNMENT
Final Bill Action: SENATE FILE 332 (SSB 1113), a bill for an act relating to the
number of votes required to be received in the primary election to be a political party
nominee on the general election ballot.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 8: Zieman, Sievers, Johnson, Lamberti, Schuerer, Shull, Tinsman,
and Veenstra. Nays, 7: Kibbie, Black, Connolly, Courtney, Dearden, Drake, and
Ragan. Absent, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE FILE 333 (formerly SF 189), 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.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 14: Zieman, Sievers, Kibbie, Black, Connolly, Courtney, Dearden,
Drake, Johnson, Lamberti, Ragan, Shull, Tinsman, and Veenstra. Nays, none. Absent,
1: Schuerer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
AMENDMENTS FILED
S-3031 S.F. 39 Local Government
S-3032 S.F. 230 Herman C. Quirmbach
© 2003 Cornell College and
League of Women Voters of Iowa
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