Senate Journal: Tuesday, April 1, 2003
JOURNAL OF THE SENATE
__________
SEVENTY-NINTH CALENDAR DAY
FORTY-SIXTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Tuesday, April 1, 2003
The Senate met in regular session at 8:35 a.m., President Kramer
presiding.
Prayer was offered by the Reverend Michael Coleman, pastor of
the Antioch Baptist Church in Waterloo, Iowa. He was the guest of
Senators Dotzler and Larson.
The Journal of Monday, March 31, 2003, was approved.
RECESS
On motion of Senator Iverson, the Senate recessed at 8:44 a.m.
until the completion of a meeting of the committee on Rules and
Administration.
RECONVENED
The Senate reconvened at 8:50 a.m., President Kramer presiding.
The Senate stood at ease at 8:54 a.m. until the fall of the gavel for
the purpose of party caucuses.
The Senate resumed session at 10:17 a.m., President Kramer
presiding.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Senator Black, for the day, on request of Senator Gronstal.
CONSIDERATION OF BILL
(Appropriations Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 436.
Senate File 436
On motion of Senator Lamberti, Senate File 436, a bill for an act
making a supplemental appropriation to the environment first fund
from the cash reserve fund and including an effective date, was taken
up for consideration.
Senator Lamberti moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.
On the question “Shall the bill pass?” (S.F. 436), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Boettger |
|
Bolkcom | Brunkhorst | Connolly | Courtney |
|
Dearden | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
Lundby | McCoy | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
Black
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration Senate File 380.
Senate File 380
On motion of Senator Houser, Senate File 380, a bill for an act
relating to funding for nongame wildlife programs by increasing the
fees for special natural resources motor vehicle registration plates,
was taken up for consideration.
Senator Houser moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question “Shall the bill pass?” (S.F. 380), the vote was:
Yeas, 40:
|
Angelo | Beall | Behn | Boettger |
|
Brunkhorst | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Hosch | Houser | Iverson | Johnson |
|
Kettering | Kibbie | Kramer | Lamberti |
|
Lundby | McCoy | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Wieck | Zieman |
|
|
Nays, 9:
|
Bolkcom Connolly Courtney Dearden
Holveck Horn Kreiman Larson
Warnstadt
|
Absent, 1:
Black
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate Files 380 and 436 be immediately messaged to the House.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Iverson asked and received unanimous consent to take up
for consideration House File 254.
House File 254
On motion of Senator Brunkhorst, House File 254, a bill for an
act providing that revenues deposited in the state conservation fund
are temporarily exempt from reversion and providing an effective
date, with report of committee recommending passage, was taken up
for consideration.
Senator Brunkhorst moved that the bill be read the last time now
and placed upon its passage, which motion prevailed by a voice vote,
and the bill was read the last time.
On the question “Shall the bill pass?” (H.F. 254), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Boettger |
|
Bolkcom | Brunkhorst | Connolly | Courtney |
|
Dearden | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
Lundby | McCoy | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
Black
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title was agreed to.
CONSIDERATION OF BILL
(Regular Calendar)
Senator Houser asked and received unanimous consent to take up
for consideration Senate File 383.
Senate File 383
On motion of Senator Kreiman, Senate File 383, 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, was taken up for
consideration.
Senator Kreiman offered amendment S-3113, filed by Senator
Kreiman, et al., from the floor striking everything after the enacting
clause and to the title page of the bill, and moved its adoption.
Amendment S-3113 was adopted by a voice vote.
Senator Kreiman moved that the bill be read the last time now and
placed upon its passage, which motion prevailed by a voice vote, and
the bill was read the last time.
On the question “Shall the bill pass?” (S.F. 383), the vote was:
Yeas, 49:
|
Angelo | Beall | Behn | Boettger |
|
Bolkcom | Brunkhorst | Connolly | Courtney |
|
Dearden | Dotzler | Drake | Dvorsky |
|
Fraise | Gaskill | Gronstal | Hatch |
|
Holveck | Horn | Hosch | Houser |
|
Iverson | Johnson | Kettering | Kibbie |
|
Kramer | Kreiman | Lamberti | Larson |
|
Lundby | McCoy | McKibben | McKinley |
|
Miller | Putney | Quirmbach | Ragan |
|
Redfern | Rehberg | Schuerer | Seng |
|
Seymour | Shull | Sievers | Stewart |
|
Tinsman | Veenstra | Warnstadt | Wieck |
|
Zieman |
|
|
Nays, none.
Absent, 1:
Black
The bill, having received a constitutional majority, was declared to
have passed the Senate and the title, as amended, was agreed to.
IMMEDIATELY MESSAGED
Senator Iverson asked and received unanimous consent that
Senate File 383 and House File 254 be immediately messaged to
the House.
ADJOURNMENT
On motion of Senator Iverson, the Senate adjourned at 11:10 a.m.
until 8:30 a.m. Wednesday, April 2, 2003.
APPENDIX
CERTIFICATES OF RECOGNITION
The Secretary of the Senate issued the following certificates of
recognition:
Megan Adams, Mason City — For achieving the highest award for Senior Girl
Scouts, “The Gold Award.” Senator Ragan (4/1/03).
Ted Chada, Ames — For celebrating your 90th birthday. Senator Quirmbach
(4/1/03).
Lloyd “Ike” and Jane Coughenour, Colo — For celebrating your 50th wedding
anniversary on April 3, 2003. Senator Iverson (4/1/03).
Richard S. Gibson, Mason City — For achieving the rank of Eagle Scout. Senator
Ragan (4/1/03).
Ina Picht, Nevada — For celebrating your 100th birthday on March 29, 2003.
Senator Iverson (4/1/03).
REPORTS OF COMMITTEE MEETINGS
AGRICULTURE
Convened: April 1, 2003, 2:00 p.m.
Members Present: Behn, Chair; Hosch, Vice Chair; Fraise, Ranking Member;
Angelo, Courtney, Gaskill, Houser, Johnson, Putney, Ragan, Seng, Veenstra, and
Zieman.
Members Absent: Black and Kibbie (both excused).
Committee Business: Passed HFs 380 and 547 and approved the Governor’s
appointees.
Adjourned: 2:25 p.m.
ECONOMIC GROWTH
Convened: April 1, 2003, 1:00 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: Passed HF 329 and approved the Governor’s appointees.
Adjourned: 1:20 p.m.
LOCAL GOVERNMENT
Convened: April 1, 2003, 11:10 a.m.
Members Present: Gaskill, Chair; Miller, Vice Chair; Quirmbach, Ranking Member;
Hatch, Hosch, Houser, Kreiman, McCoy, Rehberg, Seymour, Stewart, and Wieck.
Members Absent: Angelo (excused).
Committee Business: Approved the Governor’s appointees.
Adjourned: 11:25 a.m.
NATURAL RESOURCES AND ENVIRONMENT
Convened: April 1, 2003, 1:05 p.m.
Members Present: Houser, Chair; Johnson, Vice Chair; Seng, Ranking Member;
Bolkcom, Brunkhorst, Dearden, Drake, Holveck, Kettering, Kibbie, Lundby, Miller,
Wieck, and Zieman.
Members Absent: Black (excused).
Committee Business: Passed HJR 5 and HFs 85, 411, 412, and 516 (as amended).
Approved the Governor’s appointees.
Adjourned: 1:35 p.m.
RULES AND ADMINISTRATION
Convened: April 1, 2003, 8:30 a.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 SCRs 11, 12, 13, and 14 and SRs 24, 25, 26, and 27.
Adjourned: 8:35 a.m.
STATE GOVERNMENT
Convened: April 1, 2003, 11:15 a.m.
Members Present: Zieman, Chair; Sievers, Vice Chair; Kibbie, Ranking Member;
Connolly, Courtney, Dearden, Drake, Johnson, Lamberti, Ragan, Schuerer, Shull,
Tinsman, and Veenstra.
Members Absent: Black (excused).
Committee Business: Approved the Governor’s appointees.
Adjourned: 11:40 a.m.
INTRODUCTION OF RESOLUTION
Senate Resolution 28, by McKibben, Larson, Boettger, Sievers,
Redfern, Veenstra, Wieck, Johnson, Putney, Brunkhorst, Angelo,
McKinley, Hosch, Kettering, Seymour, Behn, Lamberti, Shull,
Gaskill, Kramer, Drake, Houser, Rehberg, Schuerer, Tinsman,
Iverson, Zieman, Lundby, and Miller, a resolution supporting the
nomination of federal court of appeals judicial nominee Miguel A.
Estrada.
Read first time under Rule 28 and referred to committee on Rules
and Administration.
INTRODUCTION OF BILL
Senate File 437, by Sievers and Hatch, a bill for an act providing
a wind energy production tax credit under the individual and
corporate income taxes, the franchise tax, and insurance premiums
tax and including an applicability date provision.
Read first time under Rule 28 and referred to committee on Ways
and Means.
SUBCOMMITTEE ASSIGNMENTS
House File 455
(Reassignment)
JUDICIARY: Tinsman, Chair; Larson and McCoy
House File 634
AGRICULTURE: Zieman, Chair; Black and Houser
COMMITTEE REPORTS
AGRICULTURE
Final Bill Action: HOUSE FILE 380, 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, 13: Behn, Hosch, Fraise, Angelo, Courtney, Gaskill, Houser,
Johnson, Putney, Ragan, Seng, Veenstra, and Zieman. Nays, none. Absent, 2: Black
and Kibbie.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: HOUSE FILE 547, a bill for an act providing for evidence of
financial responsibility filed by commercial pesticide applicators.
Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3122.
Final Vote: Ayes, 13: Behn, Hosch, Fraise, Angelo, Courtney, Gaskill, Houser,
Johnson, Putney, Ragan, Seng, Veenstra, and Zieman. Nays, none. Absent, 2: Black
and Kibbie.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ECONOMIC GROWTH
Final Bill Action: HOUSE FILE 329, a bill for an act relating to site preparation for
targeted economic development.
Recommendation: DO PASS.
Final Vote: Ayes, 12: Rehberg, Shull, Hatch, Beall, Boettger, Dotzler, McKinley,
Putney, Ragan, Seymour, Stewart, and Veenstra. Nays, none. Absent, 1: Larson.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
RULES AND ADMINISTRATION
Final Bill Action: SENATE CONCURRENT RESOLUTION 11, a concurrent
resolution urging the United States Congress to act to remove trade, financial, and
travel restrictions relating to Cuba.
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 CONCURRENT RESOLUTION 12, a concurrent
resolution supporting the United Nations’ recognition of the Republic of China on
Taiwan.
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 CONCURRENT RESOLUTION 13, a concurrent
resolution urging the United States Congress to hold hearings to investigate the
impact of mandatory country of origin labeling regulations and to delay the date of
compliance with the law.
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 CONCURRENT RESOLUTION 14, a concurrent
resolution urging congressional adoption of a free trade agreement between Taiwan
and the United States.
Recommendation: DO PASS.
Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Boettger, Drake, Dvorsky, Gaskill,
Putney, Ragan, and Sievers. Nays, none. Absent, 1: Courtney.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
ALSO:
Final Bill Action: SENATE RESOLUTION 24, a resolution reaffirming Iowa’s
commitment to freedom and democracy and calling for an end to terrorism.
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 25, a resolution honoring the town of
Troy Mills on its sesquicentennial year.
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 26, a resolution honoring the City of
Mason City on its sesquicentennial year.
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 27, a resolution honoring the University
of Iowa football team and Coach Kirk Ferentz.
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.
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:
AGRICULTURE
Benjamin Jung - Grape and Wine Development Commission
Jean Eells - State Soil Conservation Committee
Todd Scott - State Soil Conservation Committee
James Tobin - State Soil Conservation Committee
BUSINESS AND LABOR RELATIONS
Benjamin Duehr - Iowa Workforce Development Board
Sarah Falb - Iowa Workforce Development Board
ECONOMIC GROWTH
Robert Bocken - Iowa Economic Development Board
Cynthia Keithley - Iowa Economic Development Board
HUMAN RESOURCES
Terri Craft - Board of Athletic Training Examiners
Thorald Davidson - Board of Behavioral Science Examiners
Barbara O’Rourke - Board of Behavioral Science Examiners
Timothy Ruppert - Board of Behavioral Science Examiners
Michael Bergan - Iowa Empowerment Board
Rebecca Burgart - Iowa Empowerment Board
Elaine Szymoniak - Iowa Empowerment Board
Thomas Wilson - Iowa Empowerment Board
C. Arthur Wittmack - Iowa Empowerment Board
Christine Louscher - Mental Health and Developmental Disabilities Commission
Diane Cardwell - Board of Physician Assistant Examiners
Mara Swanson - Board of Physician Assistant Examiners
Rita Taylor - Board of Physician Assistant Examiners
Kimberly Brangoccio - Prevention of Disabilities Policy Council
James Grover - Prevention of Disabilities Policy Council
Mickey McDaniel - Prevention of Disabilities Policy Council
Annette Bair - Commission on Tobacco Use Prevention and Control
Scott Havens - Commission on Tobacco Use Prevention and Control
Marvin Jenkins - Commission on Tobacco Use Prevention and Control
LOCAL GOVERNMENT
Ann Hutchinson - City Development Board
Richard Heidloff - County Finance Committee
Ben Lacey - County Finance Committee
Mark Monson - Iowa Lewis and Clark Bicentennial Commission
Jacqueline Kibbie-Williams - Mental Health Risk Pool Board (Appointment)
Jacqueline Kibbie-Williams - Mental Health Risk Pool Board (Reappointment)
Andy Nielsen - Mental Health Risk Pool Board
David Van Ningen - Mental Health Risk Pool Board (Appointment)
David Van Ningen - Mental Health Risk Pool Board (Reappointment)
NATURAL RESOURCES AND ENVIRONMENT
Francis Thicke - Environmental Protection Commission
Heidi Vittetoe - Environmental Protection Commission
Richard Francisco - Natural Resource Commission
Cathy Rottinghaus - Iowa Comprehensive Petroleum Underground Storage Tank
Fund Board
Karen Andersen-Schank - Renewable Fuels and Coproducts Advisory Committee
Greg Hayes - Renewable Fuels and Coproducts Advisory Committee
STATE GOVERNMENT
Susan Boe - Accountancy Examining Board
Scott Doll - Alcoholic Beverages Commission
Barbara Martin - Board of Barber Examiners
Michael Powell - Board of Chiropractic Examiners
Diane Puthoff - Board of Chiropractic Examiners
Rachel Dunn - Board of Dietetic Examiners
Daniel Rogers - Iowa Emergency Response Commission
Forrest Holly - Engineering and Land Surveying Examining Board
James Albert - Iowa Ethics and Campaign Disclosure Board
Diane Kolmer - Information Technology Council
Mary Wegner - Information Technology Council
David Redlawsk - IowAccess Advisory Council
David Creighton, Sr. - Investment Board of the IPERS
David Biehl - Landscape Architectural Examining Board
Sally Schroeder - Board of Medical Examiners
Janece Valentine - Board of Medical Examiners
Ruth Ohde - Board of Mortuary Science Examiners
M. Ann Aulwes-Allison - Board of Nursing Examiners
Terry Cooper - State Board of Examiners for Nursing Home Administrators
Daniel Larmore - State Board of Examiners for Nursing Home Administrators
Barbara Scheetz - Board of Optometry Examiners
Helen McNurlen - Board of Physical and Occupational Therapy Examiners
Gerald Jorgensen - Board of Psychology Examiners
Barbara Leestamper - Real Estate Appraiser Examining Board
James Hughes - Real Estate Commission
Douglas Walter - Board of Speech Pathology and Audiology Examiners
Laurel Phipps - Commission of Veterans Affairs
Lorna Burnside - Vision Iowa Board
Libby Slappey - Vision Iowa Board
GOVERNOR’S APPOINTEES PLACED ON
INDIVIDUAL CONFIRMATION CALENDAR
The following appointees, assigned to standing committees for
investigation, were placed on the Individual Confirmation Calendar
with recommendations for confirmation:
BUSINESS AND LABOR RELATIONS
Michael Trier - Workers’ Compensation Commissioner
STATE GOVERNMENT
Cynthia Eisenhauer - Director of the Department of Management
Mollie Anderson - Director of the Department of Personnel
Michael Gartner - Chair of the Vision Iowa Board
AMENDMENTS FILED
S-3113 S.F. 383 Keith A. Kreiman
Robert E. Dvorsky
Bob Brunkhorst
Nancy Boettger
S-3114 S.F. 344 Ron Wieck
S-3115 S.F. 344 Ron Wieck
S-3116 S.F. 344 Ron Wieck
Richard F. Drake
S-3117 S.F. 344 Ron Wieck
S-3118 S.F. 344 Ron Wieck
S-3119 S.F. 384 Keith A. Kreiman
S-3120 S.F. 344 Ron Wieck
S-3121 S.F. 344 Ron Wieck
S-3122 H.F. 547 Agriculture
© 2003 Cornell College and
League of Women Voters of Iowa
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