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Senate Journal: Tuesday, April 29, 2003

JOURNAL OF THE SENATE

__________

ONE HUNDRED SEVENTH CALENDAR DAY
SIXTY-SECOND SESSION DAY

Senate Chamber
Des Moines, Iowa, Tuesday, April 29, 2003

The Senate met in regular session at 8:45 a.m., Senator Behn
presiding.

Prayer was offered by the Reverend Robert Kunz, pastor of the
Marion Christian Church in Marion, Iowa. He was the guest of
Senator Lundby.

The Journal of Monday, April 28, 2003, was approved.

QUORUM CALL

Senator McKibben requested a nonrecord roll call to determine
that a quorum was present.

The vote revealed 34 present, 16 absent, and a quorum present.

The Senate stood at ease at 9:26 a.m. until the fall of the gavel.

The Senate resumed session at 10:03 a.m., Senator Behn
presiding.

RECESS

On motion of Senator Seymour, the Senate recessed at 10:05 a.m.
until the completion of a meeting of the committee on Ways and
Means.

AFTERNOON SESSION

The Senate reconvened at 2:29 p.m., President Pro Tempore
Angelo presiding.

QUORUM CALL

President Kramer requested a nonrecord roll call to determine that
a quorum was present.

The vote revealed 36 present, 14 absent, and a quorum present.

CONSIDERATION OF RESOLUTION
(Regular Calendar)

Senator Kramer asked and received unanimous consent to take up
for consideration Senate Resolution 36.

Senate Resolution 36

On motion of Senator Kramer, Senate Resolution 36, a
resolution honoring the Iowa members of the United States Naval
Armed Guard who served during World War II, with report of
committee recommending passage, was taken up for consideration.

Senator Kramer moved the adoption of Senate Resolution 36,
which motion prevailed by a voice vote.

SPECIAL GUESTS

Senator Kramer welcomed to the Senate chamber Iowa members
of the United States Naval Armed Guard.

The Senate rose and expressed its welcome.

The Senate stood at ease at 2:39 p.m. until the fall of the gavel for
the purpose of party caucuses.

The Senate resumed session at 5:05 p.m., President Kramer
presiding.

RECESS

On motion of Senator Boettger, the Senate recessed at 5:06 p.m.
until the completion of a meeting of the committee on Ways and
Means.

EVENING SESSION

The Senate reconvened at 6:36 p.m., President Kramer 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 April 29, 2003, passed the following bill in which the concurrence of the
House was asked:

Senate File 451, a bill for an act providing for the jurisdiction and
funding of roads by transferring funding for and jurisdiction of
certain primary and farm-to-market roads, modifying the procedure
for classification of area service "C" roads, and establishing a street
construction fund distribution advisory committee, and making
appropriations.

ALSO: That the House has on April 29, 2003, concurred in the Senate
amendment to the House amendment, and passed the following bill in which the
concurrence of the House was asked:

Senate File 422, a bill for an act relating to the criminal
sentencing and procedure by modifying the penalties for certain
offenses related to controlled substances, modifying dissemination of
sex offender registry information and residence restrictions for a sex
offender, repealing certain determinate sentences, changing the
parole and work release eligibility of a person serving a sentence that
requires a maximum accumulation of earned time credits of fifteen
percent of the total term of confinement and by permitting the
reopening of such a sentence, providing a penalty, and providing an
effective date.

ALSO: That the House has on April 29, 2003, concurred in the Senate
amendment and passed the following bill in which the concurrence of the House was
asked:

House File 654, a bill for an act relating to the exemption of sand
handling and core and mold making equipment used in the mold
making process from sales and use taxes, providing refunds, and
including effective and retroactive applicability date provisions.

ALSO: That the House has on April 29, 2003, amended the Senate amendment,
concurred in the Senate amendment as amended, and passed the following bill in
which the concurrence of the House was asked:

House File 685, a bill for an act relating to and making
appropriations from the healthy Iowans tobacco trust and the tobacco
settlement trust fund. (S-3340)

ALSO: That the House has on April 29, 2003, passed the following bill in which
the concurrence of the Senate is asked:

House File 676, a bill for an act establishing a veterans trust
fund under the control of the commission of veterans affairs and
providing a contingent appropriation.

Read first time and passed on file.

ADJOURNMENT

On motion of Senator Putney, the Senate adjourned at 6:37 p.m.
until 8:30 a.m. Wednesday, April 30, 2003.


APPENDIX

CERTIFICATES OF RECOGNITION

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

Jon Clarridge, Story City - For achieving the rank of Eagle Scout, Boy Scout Troop 101.
Senator Iverson (4/29/03).

Elizabeth Dunham, Green Mountain-Garwin High School - For being named in the
Top 50 Academic All-State. Senator McKibben (4/29/03).

East Greene High School Jazz Band - For winning the 2003 Class A State
Championship Jazz Band Competition. Senator Beall (4/29/03).

2nd Lieutenant Andrea Ehret, Burlington - For graduating from the Air Force
Academy at Colorado Springs, Colorado. Senator Courtney (4/29/03).

Michael K. Fermier, Grapevine, Texas - For achieving the rank of Eagle Scout, Boy
Scout Troop 28. Senator Drake (4/29/03).

Nancy Foust, Monroe County - For being named Administrator of the Year by the
Iowa Reading Association. Senator McKinley (4/29/03).

Ruth Haberkamp, Garner - For celebrating your 100th birthday on August 24,
2003. Senator Gaskill (4/29/03).

Ensign Keris Sirek, Burlington - For graduating from the Naval Academy at
Annapolis, Maryland. Senator Courtney (4/29/03).

Adam Weis, Maquoketa - For being named to the Academic All-State Team as one
of the Top 50 Students in the state of Iowa. Senator Stewart (4/29/03).

REPORT OF COMMITTEE MEETINGS

APPROPRIATIONS

Convened: April 29, 2003, 1:50 p.m.

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

Members Absent: Black (excused).

Committee Business: Approved SSB 1207.

Recessed: 2:20 p.m.

Reconvened: 6:50 p.m.

Adjourned: 6:55 p.m.

WAYS AND MEANS

Convened: April 29, 2003, 5:10 p.m.

Members Present: McKibben, Chair; Shull, Vice Chair; Bolkcom, Ranking Member;
Angelo, Connolly, Dotzler, Hosch, Lamberti, Larson, McCoy, McKinley, Miller,
Quirmbach, Rehberg, Seng, Sievers, and Stewart.

Members Absent: None.

Committee Business: Passed HFs 677, 679 (as amended), 686, and 689.

Adjourned: 6:30 p.m.

INTRODUCTION OF BILL

Senate File 458, by committee on Appropriations, a bill for an act
relating to public expenditure and regulatory matters, compensating
public employees, making and reducing appropriations, providing for
related matters, making penalties applicable, and providing effective
dates.

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

STUDY BILLS RECEIVED

SSB 1208 Appropriations

Relating to Iowa agricultural industry finance corporations, by
providing for the assignment of an Iowa agricultural industry finance
loan, and providing an effective date.

SSB 1209 Ways and Means

Relating to the issuance of tax credit certificates and related tax
credits to designated investors in the Iowa fund of funds.


SUBCOMMITTEE ASSIGNMENTS

House File 688

WAYS AND MEANS: Sievers, Chair; Dotzler and Rehberg

SSB 1208

APPROPRIATIONS: Zieman, Chair; Fraise and McKibben

SSB 1209

WAYS AND MEANS: McKibben, Chair; Connolly and Rehberg

COMMITTEE REPORTS

APPROPRIATIONS

Final Bill Action: SENATE FILE 458 (SSB 1207), a bill for an act relating to public
expenditure and regulatory matters, compensating public employees, making and
reducing appropriations, providing for related matters, making penalties applicable,
and providing effective dates.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 18: Lamberti, Kramer, Behn, Gaskill, Hatch, Houser, McKibben,
McKinley, Miller, Schuerer, Seng, Seymour, Shull, Sievers, Tinsman, Veenstra,
Warnstadt, and Zieman. Nays, 6: Dvorsky, Bolkcom, Connolly, Dotzler, Fraise, and
Horn. Absent, 1: Black.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

WAYS AND MEANS

Final Bill Action: HOUSE FILE 677, a bill for an act relating to new capital
investment for businesses and new jobs by creating a new capital investment program,
creating tax incentives, and amending the new jobs and income program.

Recommendation: DO PASS.

Final Vote: Ayes, 17: McKibben, Shull, Bolkcom, Angelo, Connolly, Dotzler, Hosch,
Lamberti, Larson, McCoy, McKinley, Miller, Quirmbach, Rehberg, Seng, Sievers, and
Stewart. Nays, none. Absent, none.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 686, a bill for an act relating to urban renewal and
tax increment financing and including effective and retroactive applicability date
provisions.

Recommendation: DO PASS.

Final Vote: Ayes, 11: McKibben, Shull, Bolkcom, Angelo, Connolly, Hosch, McKinley,
Miller, Quirmbach, Rehberg, and Sievers. Nays, 3: Dotzler, McCoy, and Seng.
Present, 2: Lamberti and Stewart. Absent, 1: Larson.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

ALSO:

Final Bill Action: HOUSE FILE 689, a bill for an act relating to ethanol blended
gasoline, by providing for tax credits and for their retroactive applicability, providing
for refunds, and providing for an effective date.

Recommendation: DO PASS.

Final Vote: Ayes, 16: McKibben, Shull, Bolkcom, Angelo, Connolly, Dotzler, Hosch,
Lamberti, Larson, McKinley, Miller, Quirmbach, Rehberg, Seng, Sievers, and Stewart.
Nays, none. Absent, 1: McCoy.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

REPORT OF THE SECRETARY OF THE SENATE

MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling
Senate File 368, the following correction was made:

1. Page 4, lines 14 and 15, the words and numbers "subparagraphs (1) through (6)"
were changed to the words and letters "subparagraphs (1) through (7)".

MICHAEL E. MARSHALL
Secretary of the Senate

BILLS 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 bills have 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 29th day
of April, 2003:

Senate Files 275, 353, 368, and 402.

MICHAEL E. MARSHALL
Secretary of the Senate


AMENDMENTS FILED

S-3339 S.F. 445 Steve Warnstadt
S-3340 H.F. 685 House
S-3341 H.F. 549 Nancy J. Boettger
S-3342 H.F. 549 Nancy J. Boettger

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