PROOF

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STATE OF IOWA

Senate Journal

WEDNESDAY, MARCH 5, 2003

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Printed daily by the State of Iowa during the sessions of the General Assembly. An official corrected copy is available for reference in the Secretary of the Senate’s Office. (The official bound copy will be available after a reasonable time upon adjournment.)

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384 JOURNAL OF THE SENATE 52nd Day

JOURNAL OF THE SENATE

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FIFTY-SECOND CALENDAR DAY THIRTY-FIRST SESSION DAY

Senate Chamber Des Moines, Iowa, Wednesday, March 5, 2003

The Senate met in regular session at 8:32 a.m., President Kramer presiding.

Prayer was offered by Father Robert Striegel of Saint Mary of the Visitation Church in Ottumwa, Iowa. He was the guest of Senator Kreiman.

The Journal of Tuesday, March 4, 2003, was approved.

RECESS

On motion of Senator Iverson, the Senate recessed at 8:35 a.m. until 11:45 a.m.

RECONVENED

The Senate reconvened at 11:47 a.m., President Pro Tempore Angelo 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 March 5, 2003, passed the following bills in which the concurrence of the Senate is asked:

House File 290, a bill for an act authorizing the issuance of special registration plates to owners of motor trucks.

52nd Day WEDNESDAY, MARCH 5, 2003 385

Read first time and attached to companion Senate File 296.

House File 311, a bill for an act modifying the duties of county recorders.

Read first time and attached to companion Senate File 271.

House File 319, a bill for an act permitting written demand via regular mail prior to an action under the uniform commercial code for recovery of civil damages for a dishonored check, draft, or order, when supported by an affidavit of service.

Read first time and referred to committee on Commerce.

House File 329, a bill for an act relating to site preparation for targeted economic development.

Read first time and referred to committee on Economic Growth.

RECESS

On motion of Senator Iverson, the Senate recessed at 12:07 p.m. until 5:00 p.m.

386 JOURNAL OF THE SENATE 52nd Day

APPENDIX — 1

CERTIFICATES OF RECOGNITION

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

Jeff Bickel, McGregor — For achieving the rank of Eagle Scout, Boy Scout Troop 32. Senator Zieman (3/5/03).

Florence Hughes, Bayard — For celebrating your 91st birthday on March 9, 2003. Senator Beall (3/5/03).

Evarda Lichty, Waterloo — For celebrating your 95th birthday on March 3, 2003. Senator Dotzler (3/5/03).

Edna L. Moeding, Fort Dodge — For celebrating your 91st birthday on March 2, 2003. Senator Beall (3/5/03).

Joe Montag, Manchester — For achieving the rank of Eagle Scout, Boy Scout Troop 33. Senator Rehberg (3/5/03).

Collin Nelson, McGregor — For achieving the rank of Eagle Scout, Boy Scout Troop 32. Senator Zieman (3/5/03).

REPORTS OF COMMITTEE MEETINGS

GOVERNMENT OVERSIGHT

Convened: March 4, 2003, 3:05 p.m.

Members Present: Lundby, Chair; Brunkhorst, Vice Chair; Courtney, Ranking Member; Dvorsky and Wieck.

Members Absent: None.

Committee Business: Presentation regarding insurance rates in Iowa and related issues.

Adjourned: 4:15 p.m.

APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES

Convened: March 4, 2003, 3:10 p.m.

Members Present: Tinsman, Chair; Hatch, Ranking Member; Bolkcom and Veenstra.

Members Absent: Johnson, Vice Chair (excused).

52nd Day WEDNESDAY, MARCH 5, 2003 387

Committee Business: Presentation by representatives of Department of Management and Empowerment Area boards.

Adjourned: 4:25 p.m.

EDUCATION

Convened: March 5, 2003, 9:45 a.m.

Members Present: Boettger, Chair; McKinley, Vice Chair; Connolly, Ranking Member; Angelo, Beall, Behn, Brunkhorst, Dvorsky, Holveck, Hosch, Kreiman, Larson, Quirmbach, Redfern, and Rehberg.

Members Absent: None.

Committee Business: Passed SF 169 and approved SSB 1093.

Adjourned: 10:40 a.m.

HUMAN RESOURCES

Convened: March 5, 2003, 10:50 a.m.

Members Present: Veenstra, Chair; Seymour, Vice Chair; Ragan, Ranking Member; Behn, Boettger, Hatch, Holveck, Horn, Hosch, Kreiman, McKinley, and Schuerer.

Members Absent: Tinsman (excused).

Committee Business: Passed SF 3. SF 206 failed. Approved Governor’s appointments.

Adjourned: 11:25 a.m.

JUDICIARY

Convened: March 5, 2003, 1:05 p.m.

Members Present: Redfern, Chair; Larson, Vice Chair; Kreiman, Ranking Member; Boettger, Fraise, Holveck, Horn, Kettering, Lamberti, McCoy, McKibben, Miller, Putney, and Quirmbach.

Members Absent: Tinsman (excused).

Committee Business: Approved SSBs 1030 and 1050 (as amended) and the Governor’s appointees. Subcommittee assignments.

Adjourned: 1:55 p.m.

TRANSPORTATION

Convened: March 5, 2003, 10:35 a.m.

388 JOURNAL OF THE SENATE 52nd Day

Members Present: Drake, Chair; Putney, Vice Chair; McCoy, Ranking Member; Beall, Dearden, Houser, Kettering, Rehberg, Shull, Warnstadt, and Zieman.

Members Absent: Fraise and Johnson (both excused).

Committee Business: Passed SFs 110 and 153. Approved SSB 1041.

Adjourned: 11:25 a.m.

APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

Convened: March 5, 2003, 3:10 p.m.

Members Present: Zieman, Chair; Sievers, Vice Chair; Holveck, Ranking Member; Rehberg and Stewart.

Members Absent: None.

Committee Business: Discussion of the proposed subcommittee appropriations bill.

Adjourned: 3:40 p.m.

INTRODUCTION OF BILL

Senate File 278, by Beall, a bill for an act relating to liability of current and former owners of mining land and the public use of private land.

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

STUDY BILLS RECEIVED

SSB 1129 State Government

Relating to campaign finance, including political party committees, campaign disclosure reports, independent expenditures, and income tax checkoff provisions.

SSB 1130 State Government

Relating to the ethics and campaign disclosure board, including reports of official misconduct, lobbyist and client reports, advisory opinions, campaign finance reporting, and making penalties applicable. 52nd Day WEDNESDAY, MARCH 5, 2003 389

SSB 1131 Rules and Administration

Relating to legislative branch consolidation of functions by combining the legislative service bureau, legislative fiscal bureau, and legislative computer support bureau into a single central legislative staff agency, providing for legislative publications procedures, modifying the sales tax exemption for items sold or services provided by the new agency, including related matters, and providing an effective date.

SSB 1132 State Government

Relating to identification requirements and the receipt of public benefits or services.

SSB 1133 Government Oversight

Relating to the establishment of the office of grants enterprise management in the department of management to assist the state in receiving more nonstate funds and providing a standing limited appropriation.

SSB 1134 Government Oversight

Providing for transfer of the professional licensing and regulation division of the department of commerce to the secretary of state’s office.

SSB 1135 Transportation

Relating to the establishment of a regional transit district within the unincorporated areas of one or more counties and within certain cities, authorizing the imposition of a limited property tax levy, and providing for the issuance of general obligation bonds and revenue bonds.

SSB 1136 State Government

Providing title restrictions relating to the practice of physical therapy, and providing a penalty.

390 JOURNAL OF THE SENATE 52nd Day

SSB 1137 Judiciary

Relating to the judicial branch by changing procedures for appointing or nominating a judge, magistrate, or chief juvenile court officer, by authorizing the voluntary transfer of a district judge, by prohibiting members of a judicial nominating commission from voting on certain nominees, by apportioning judgeships among the judicial election districts, and by expanding the jurisdiction of a magistrate.

SSB 1138 Judiciary

Relating to the criminal sentencing and procedure by changing the penalties for certain offenses involving a substance containing cocaine base, by creating a criminal offense of robbery in the third degree, modifying residence restrictions for a sex offender, 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, and providing a penalty.

SSB 1139 Appropriations

Providing for the jurisdiction and funding of roads by transferring funding for and jurisdiction of certain primary and farm-to-market roads, raising the level of local effort required to receive and use certain road funds, modifying the procedure for classification of area service “C” roads, and establishing a street construction fund distribution advisory committee, and making appropriations.

SSB 1140 Judiciary

Making changes to the procedures related to reorganizing judicial districts and judicial election districts.

SSB 1141 State Government

Relating to tobacco retailers and providing penalties.

52nd Day WEDNESDAY, MARCH 5, 2003 391

SSB 1142 Agriculture

Relating to the regulation of the grain industry, and making penalties applicable.

SSB 1143 Agriculture

Regulating organic agriculture products, providing for fees and penalties, and providing an effective date.

SSB 1144 Agriculture

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.

SSB 1145 Agriculture

Relating to the department of agriculture and land stewardship by providing for administration of and enforcement of programs, including by providing for program elimination and enhancing the readability of related provisions, and providing an effective date.

SUBCOMMITTEE ASSIGNMENTS

Senate Resolution 20

RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

Senate File 249

JUDICIARY: Kettering, Chair; McCoy and Miller

Senate File 250

JUDICIARY: Kettering, Chair; McCoy and Miller

392 JOURNAL OF THE SENATE 52nd Day

Senate File 256

TRANSPORTATION: Drake, Chair; Dearden and Putney

Senate File 257

HUMAN RESOURCES: Tinsman, Chair; Kreiman and McKinley

Senate File 258

HUMAN RESOURCES: Seymour, Chair; Behn and Horn

Senate File 261

GOVERNMENT OVERSIGHT: Lundby, Chair

Senate File 262

JUDICIARY: Redfern, Chair; Kreiman and Larson

Senate File 263

EDUCATION: Boettger, Chair; Connolly and Larson

Senate File 265

JUDICIARY: Boettger, Chair; McCoy and Tinsman

Senate File 267

ECONOMIC GROWTH: Putney, Chair; Boettger and Hatch

Senate File 269

TRANSPORTATION: Drake, Chair; Putney and Warnstadt

Senate File 273

EDUCATION: Boettger, Chair; Kreiman and McKinley

Senate File 276

HUMAN RESOURCES: Tinsman, Chair; Kreiman and McKinley

Senate File 277

HUMAN RESOURCES: Hosch, Chair; Hatch and Schuerer

House File 249

JUDICIARY: Boettger, Chair; Horn and Tinsman

52nd Day WEDNESDAY, MARCH 5, 2003 393

House File 250

JUDICIARY: Miller, Chair; Boettger and Fraise

House File 265

JUDICIARY: Boettger, Chair; Kettering and McCoy

House File 329

ECONOMIC GROWTH: Seymour, Chair; Rehberg and Stewart

SSB 1129

STATE GOVERNMENT: Johnson, Chair; Connolly and Zieman

SSB 1130

STATE GOVERNMENT: Veenstra, Chair; Dearden and Sievers

SSB 1131

RULES AND ADMINISTRATION: Boettger, Chair; Gronstal and Iverson

SSB 1132

STATE GOVERNMENT: Kibbie, Chair; Schuerer and Tinsman

SSB 1133

GOVERNMENT OVERSIGHT: Lundby, Chair

SSB 1134

GOVERNMENT OVERSIGHT: Lundby, Chair

SSB 1135

TRANSPORTATION: Shull, Chair; Drake and Warnstadt

SSB 1136

STATE GOVERNMENT: Tinsman, Chair; Black and Drake

SSB 1137

JUDICIARY: Redfern, Chair; Kreiman and Larson

SSB 1138

JUDICIARY: Redfern, Chair; Fraise, Kreiman, Larson, and Miller

394 JOURNAL OF THE SENATE 52nd Day

SSB 1139

APPROPRIATIONS: Shull, Chair; Lamberti and Warnstadt

SSB 1140

JUDICIARY: Redfern, Chair; Kreiman and Larson

SSB 1141

STATE GOVERNMENT: Sievers, Chair; Johnson and Ragan

SSB 1142

AGRICULTURE: Angelo, Chair; Black and Gaskill

SSB 1143

AGRICULTURE: Putney, Chair; Hosch and Ragan

SSB 1144

AGRICULTURE: Zieman, Chair; Behn and Kibbie

SSB 1145

AGRICULTURE: Putney, Chair; Seng and Veenstra

52nd Day WEDNESDAY, MARCH 5, 2003 395

EVENING SESSION

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

LEAVES OF ABSENCE

Leaves of absence were granted as follows:

Senators Johnson and Tinsman, for the remainder of the day, on request of Senator Iverson; and Senator McCoy, until he returns, on request of Senator Kibbie.

CONSIDERATION OF BILLS (Regular Calendar)

Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 134, 180, and 185.

Senate File 134

On motion of Senator Angelo, Senate File 134, a bill for an act relating to the various duties of the county treasurer, was taken up for consideration.

Senator Angelo offered amendment S–3022, filed by him on February 27, 2003, to pages 2, 5, and to the title page of the bill.

Senator Angelo offered amendment S–3023, filed by him on March 3, 2003, to page 1 of amendment S–3022, and moved its adoption.

Amendment S–3023 was adopted by a voice vote.

Senator Angelo moved the adoption of amendment S–3022, as amended.

Amendment S–3022 was adopted by a voice vote.

Senator Angelo 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. 134), the vote was: 396 JOURNAL OF THE SENATE 52nd Day

Yeas, 47:

Angelo Dvorsky Kramer Rehberg Beall Fraise Kreiman Schuerer Behn Gaskill Lamberti Seng Black Gronstal Larson Seymour Boettger Hatch Lundby Shull Bolkcom Holveck McKibben Sievers Brunkhorst Horn McKinley Stewart Connolly Hosch Miller Veenstra Courtney Houser Putney Warnstadt Dearden Iverson Quirmbach Wieck Dotzler Kettering Ragan Zieman Drake Kibbie Redfern

Nays, none.

Absent, 3:

Johnson McCoy Tinsman

The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to.

Senate File 180

On motion of Senator Warnstadt, Senate File 180, a bill for an act relating to the procedures for handling abandoned property and property presumed to be abandoned, was taken up for consideration.

Senator Warnstadt 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. 180), the vote was:

Yeas, 48:

Angelo Dvorsky Kramer Redfern Beall Fraise Kreiman Rehberg Behn Gaskill Lamberti Schuerer Black Gronstal Larson Seng Boettger Hatch Lundby Seymour Bolkcom Holveck McCoy Shull Brunkhorst Horn McKibben Sievers Connolly Hosch McKinley Stewart Courtney Houser Miller Veenstra Dearden Iverson Putney Warnstadt 52nd Day WEDNESDAY, MARCH 5, 2003 397

Dotzler Kettering Quirmbach Weick Drake Kibbie Ragan Zieman

Nays, none.

Absent, 2:

Johnson Tinsman

The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

Senate File 185

On motion of Senator Putney, Senate File 185, a bill for an act relating to criminal law and procedure, including the criminal offenses of arson, communications by an arrested person, and harassment, was taken up for consideration.

Senator Putney offered amendment S–3025, filed by Senators Putney and Kreiman from the floor to pages 1–3 of the bill, and moved its adoption.

Amendment S–3025 was adopted by a voice vote.

Senator Putney 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. 185), the vote was:

Yeas, 37:

Angelo Holveck McCoy Seymour Beall Hosch McKibben Shull Behn Houser McKinley Sievers Black Iverson Miller Veenstra Boettger Kettering Putney Warnstadt Brunkhorst Kibbie Quirmbach Wieck Connolly Kramer Ragan Zieman Drake Kreiman Redfern Gaskill Larson Rehberg Gronstal Lundby Schuerer

398 JOURNAL OF THE SENATE 52nd Day

Nays, 11:

Bolkcom Dotzler Hatch Seng Courtney Dvorsky Horn Stewart Dearden Fraise Lamberti

Absent, 2:

Johnson Tinsman

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 134, 180, and 185 be immediately messaged to the House.

CONSIDERATION OF BILLS (Regular Calendar)

Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 186 and 201.

Senate File 186

On motion of Senator Kettering, Senate File 186, a bill for an act eliminating certain public disclosure requirements by state banks, was taken up for consideration.

Senator Kettering asked and received unanimous consent that House File 215 be substituted for Senate File 186.

House File 215

On motion of Senator Kettering, House File 215, a bill for an act eliminating certain public disclosure requirements by state banks, was taken up for consideration.

Senator Kettering 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. 52nd Day WEDNESDAY, MARCH 5, 2003 399

On the question “Shall the bill pass?” (H.F. 215), the vote was:

Yeas, 47:

Angelo Dvorsky Kramer Rehberg Beall Fraise Kreiman Schuerer Behn Gaskill Lamberti Seng Black Gronstal Larson Seymour Boettger Hatch Lundby Shull Bolkcom Holveck McCoy Sievers Brunkhorst Horn McKibben Stewart Connolly Hosch McKinley Veenstra Courtney Houser Miller Warnstadt Dearden Iverson Putney Wieck Dotzler Kettering Ragan Zieman Drake Kibbie Redfern

Nays, 1:

Quirmbach

Absent, 2:

Johnson Tinsman

The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to.

WITHDRAWN

Senator Kettering asked and received unanimous consent that Senate File 186 be withdrawn from further consideration of the Senate.

Senate File 201

On motion of Senator Hosch, Senate File 201, a bill for an act relating to a review of statistical information compiled by the board of educational examiners from Praxis II examinations administered to initial, provisional teaching license applicants, was taken up for consideration.

Senator Hosch 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.

400 JOURNAL OF THE SENATE 52nd Day

On the question “Shall the bill pass?” (S.F. 201), the vote was:

Yeas, 47:

Angelo Dvorsky Kramer Rehberg Beall Fraise Lamberti Schuerer Behn Gaskill Larson Seng Black Gronstal Lundby Seymour Boettger Hatch McCoy Shull Bolkcom Holveck McKibben Sievers Brunkhorst Horn McKinley Stewart Connolly Hosch Miller Veenstra Courtney Houser Putney Warnstadt Dearden Iverson Quirmbach Wieck Dotzler Kettering Ragan Zieman Drake Kibbie Redfern

Nays, 1:

Kreiman

Absent, 2:

Johnson Tinsman

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 File 201 and House File 215 be immediately messaged to the House.

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 March 5, 2003, passed the following bills in which the concurrence of the Senate is asked:

House File 289, a bill for an act relating to electronic financial transactions with county treasurers.

Read first time and referred to committee on Local Government. 52nd Day WEDNESDAY, MARCH 5, 2003 401

House File 304, a bill for an act relating to the payment by a county of the agricultural land tax credit and reimbursement to the county of its payment and providing an effective date.

Read first time and referred to committee on Ways and Means.

House File 341, a bill for an act relating to personnel and instructors employed by community colleges.

Read first time and referred to committee on Education.

House File 342, a bill for an act relating to the use of sick leave by certain members of the Iowa department of public safety peace officers’ retirement, accident, and disability system who are temporarily incapacitated for duty and providing an effective date.

Read first time and attached to similar Senate File 63.

ADJOURNMENT

On motion of Senator Iverson, the Senate adjourned at 6:05 p.m. until 8:30 a.m. Thursday, March 6, 2003.

402 JOURNAL OF THE SENATE 52nd Day

APPENDIX — 2

ANNOUNCEMENT OF APPOINTMENTS BY THE PRESIDENT OF THE SENATE

INFORMATION TECHNOLOGY COUNCIL (Iowa Code section 14B.105) Bob Brunkhorst Bill Dotzler

IOWACCESS ADVISORY COUNCIL (Iowa Code section 14B.201) Bob Brunkhorst Bill Dotzler

IOWA ECONOMIC DEVELOPMENT BOARD (Iowa Code section 15.103) Thomas Courtney E. Thurman Gaskill

CAPITOL PLANNING COMMISSION (Iowa Code section 18A.2) Jack Hatch John Putney

LAW ENFORCEMENT ACADEMY COUNCIL (Iowa Code section 80B.6) Chuck Larson

WORKFORCE DEVELOPMENT BOARD (Iowa Code section 84A.1A) Bill Dotzler Brian Sievers

IPERS INVESTMENT BOARD (Iowa Code section 97B.8A) John Kibbie Mark Zieman

RENEWABLE FUEL AND COPRODUCTS ADVISORY COMMITTEE (Iowa Code section 159A.4) Jeff Angelo

AGRICULTURAL ENERGY MANAGEMENT ADVISORY COUNCIL (Iowa Code section 161B.1) Gene Fraise E. Thurman Gaskill

52nd Day WEDNESDAY, MARCH 5, 2003 403

COMMISSION ON THE STATUS OF WOMEN (Iowa Code section 216A.52) Jack Holveck Maggie Tinsman

COMMISSION OF ELDER AFFAIRS (Iowa Code section 231.11) Joe Bolkcom David Johnson

STATE CHILD CARE ADVISORY COMMITTEE (Iowa Code section 237A.21) Steve Warnstadt

MEDICAL ASSISTANCE COUNCIL (Iowa Code section 249A.4) Jack Hatch Maggie Tinsman

COMMUNITY COLLEGE WORKING GROUP OF STAKEHOLDERS (Iowa Code section 256.31) Nancy Boettger John Kibbie

AGRICULTURE EDUCATION ADVISORY COUNCIL (Iowa Code section 256.32) Gene Fraise

COLLEGE STUDENT AID COMMISSION (Iowa Code section 261.1)

ENERGY FUND DISBURSEMENT COUNCIL (Iowa Code section 473.11) Joe Bolkcom Bryan Sievers

IOWA COMPREHENSIVE HEALTH INSURANCE ASSOCIATION (Iowa Code section 514E.2) Jeff Angelo

IOWA COUNCIL FOR EARLY ACCESS (Federal Law) Kitty Rehberg

404 JOURNAL OF THE SENATE 52nd Day

ANNOUNCEMENT OF APPOINTMENTS BY THE SENATE MAJORITY AND MINORITY LEADERS

IOWA EMPOWERMENT BOARD (Iowa Code section 28.3) Nancy Boettger Jack Holveck Maggie Tinsman

INTERSTATE COOPERATION COMMISSION (Iowa Code section 28B.1) Jerry Behn Richard F. Drake Gene Fraise Hubert Houser John Kibbie

PUBLIC RETIREMENT SYSTEMS COMMITTEE (Iowa Code section 97D.4) Mike Connolly Julie Hosch John Kibbie Paul McKinley Mark Zieman

RURAL HEALTH AND PRIMARY CARE ADVISORY COMMITTEE (Iowa Code section 135.107) Keith Kreiman Ken Veenstra

TOBACCO USE PREVENTION AND CONTROL COMMISSION (Iowa Code section 142A.3) Joe Bolkcom Maggie Tinsman

CRIMINAL AND JUVENILE JUSTICE ADVISORY COUNCIL (Iowa Code section 216A.132) Robert E. Dvorsky

PREVENTION OF DISABILITIES POLICY COUNCIL (Iowa Code section 225B.3) Dick Dearden Julie Hosch

SENIOR LIVING COORDINATING UNIT (Iowa Code section 231.58) Daryl Beall Nancy Boettger

52nd Day WEDNESDAY, MARCH 5, 2003 405

CHILD SUPPORT ADVISORY COMMITTEE (Iowa Code section 252B.18) Nancy Boettger Keith Kreiman

EDUCATION COMMISSION OF THE STATES (Iowa Code section 272B.2) Daryl Beall Nancy Boettger

MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES COMMISSION (Iowa Code section 331.438) Ken Veenstra

BOARD OF TRUSTEES FOR STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM (Iowa Code section 411.36) Wally Horn Ron Wieck

HAWK-I BOARD (Iowa Code section 514I.5) Amanda Ragan Ken Veenstra

IOWA CAPITAL INVESTMENT BOARD (Iowa Code section 15E.63) Paul McKinley Roger Stewart

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:

HUMAN RESOURCES

Michael Bergan – Mental Health and Developmental Disabilities Commission William Gorman – Mental Health and Developmental Disabilities Commission Jon Grate – Mental Health and Developmental Disabilities Commission Lannie Miller – Mental Health and Developmental Disabilities Commission Lori Reynolds – Mental Health and Developmental Disabilities Commission

JUDICIARY

Frederick Morain – Iowa State Civil Rights Commission

Marvin Van Haaften – Drug Policy Coordinator

Terry Sweeney – Iowa Drug Policy Advisory Council 406 JOURNAL OF THE SENATE 52nd Day

INTRODUCTION OF BILLS

Senate File 279, by Lundby, a bill for an act relating to substance abuse prevention and treatment, providing for an increase in the cigarette tax, making appropriations, and providing an effective date.

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

Senate File 280, by Bolkcom, a bill for an act relating to redesign of the medical assistance program and providing an effective date.

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

Senate File 281, by Zieman, a bill for an act relating to setback requirements for agricultural buildings and structures.

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

Senate File 282, by Lamberti, a bill for an act relating to registration and regulation of off-highway vehicles by the state department of transportation, establishing fees, making an appropriation, and providing penalties.

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

Senate File 283, by Larson, a bill for an act relating to the exemption from land ownership restrictions for nonresident aliens under the new jobs and income program.

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

Senate File 284, by Warnstadt, Courtney, Beall, Stewart, Holveck, Bolkcom, Kreiman, Ragan, Gronstal, Quirmbach, Connolly, Dvorsky, Black, Seng, and Dearden, a bill for an act relating to the deduction for expenses incurred in the performance of military service in the national guard and military reserve and for student 52nd Day WEDNESDAY, MARCH 5, 2003 407 loan repayments received while on active duty in the national guard, military reserve, or regular armed forces and including a retroactive applicability date provision.

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

Senate File 285, by Shull, a bill for an act creating workforce training and economic development funds for community colleges, making related appropriations, and providing an effective date.

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

Senate File 286, by Shull, a bill for an act creating workforce training and economic development funds for community colleges, creating a workforce training and economic development levy, making related appropriations, and providing an effective date.

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

Senate File 287, by Shull, a bill for an act creating workforce training and economic development funds for community colleges, increasing the excise tax on cigarettes, making related appropriations, and providing effective dates.

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

Senate File 288, by Brunkhorst, a bill for an act providing for the animal unit capacity of pullets for purposes of regulation under the animal agriculture compliance Act.

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

Senate File 289, by Dvorsky, a bill for an act allowing a first-time operating-while-intoxicated offender to receive credit against a sentence of imprisonment for time spent in a court-ordered operating- 408 JOURNAL OF THE SENATE 52nd Day while-intoxicated weekend program that provides law enforcement security.

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

Senate File 290, by Bolkcom, a bill for an act relating to permissible fees by employment agencies and making penalties applicable.

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

Senate File 291, by Kibbie, a bill for an act relating to the imposition of a community college income surtax.

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

Senate File 292, by Warnstadt, Courtney, Beall, Stewart, Holveck, Bolkcom, Kreiman, Ragan, Gronstal, Quirmbach, Connolly, Dvorsky, Black, Seng, and Dearden, a bill for an act providing for counseling for residents of this state who are members or former members of the United States reserve forces or the Iowa national guard that were called into active federal service or duty and for persons who are part of the members’ or former members’ immediate families and providing an appropriation.

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

Senate File 293, by Lamberti, a bill for an act requiring teachers to disclose commission arrangements for the sale of musical instruments.

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

Senate File 294, by Hatch, a bill for an act relating to the provision of complementary and alternative health care diagnoses 52nd Day WEDNESDAY, MARCH 5, 2003 409 and treatment by unlicensed persons, and making penalties applicable.

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

Senate File 295, by Courtney, a bill for an act creating a corporate consolidation relocation program and providing related tax benefits.

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

Senate File 296, by committee on Transportation, a bill for an act authorizing the issuance of special registration plates to owners of motor trucks.

Read first time under Rule 28 and placed on calendar.

Senate File 297, by committee on Transportation, a bill for an act relating to the regulation of snowmobiles and all-terrain vehicles, establishing fees, providing penalties, and providing applicability dates.

Read first time under Rule 28 and placed on calendar.

Senate File 298, by committee on Judiciary, a bill for an act expanding the criminal offense of possessing contraband in correctional institutions to include possessing contraband in a secure facility for the detention or custody of juveniles, a detention facility, or a jail.

Read first time under Rule 28 and placed on calendar.

COMMITTEE REPORTS

HUMAN RESOURCES

Final Bill Action: *SENATE FILE 3, a bill for an act relating to the inclusion of certain information in a termination of pregnancy report.

Recommendation: DO PASS.

410 JOURNAL OF THE SENATE 52nd Day

Final Vote: Ayes, 12: Veenstra, Seymour, Ragan, Behn, Boettger, Hatch, Holveck, Horn, Hosch, Kreiman, McKinley, and Schuerer. Nays, none. Absent, 1: Tinsman.

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 3, and they were attached to the committee report.

JUDICIARY

Final Bill Action: SENATE FILE 298 (SSB 1030), a bill for an act expanding the criminal offense of possessing contraband in correctional institutions to include possessing contraband in a secure facility for the detention or custody of juveniles, a detention facility, or a jail.

Recommendation: APPROVED COMMITTEE BILL.

Final Vote: Ayes, 13: Redfern, Larson, Kreiman, Boettger, Holveck, Horn, Kettering, Lamberti, McCoy, McKibben, Miller, Putney, and Quirmbach. Nays, 1: Fraise. Absent, 1: Tinsman.

Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

TRANSPORTATION

Final Bill Action: *SENATE FILE 296 (formerly SF 110), a bill for an act authorizing the issuance of special registration plates to owners of motor trucks.

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 296, and they were attached to the committee report.

ALSO:

Final Bill Action: *SENATE FILE 297 (formerly SF 153), a bill for an act relating to the regulation of snowmobiles and all-terrain vehicles, establishing fees, providing penalties, and providing applicability dates.

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. 52nd Day WEDNESDAY, MARCH 5, 2003 411

*Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Transportation Committee on Senate File 297, and they were attached to the committee report.

AMENDMENTS FILED

S–3025 S.F. 185 John Putney Keith A. Kreiman S–3026 S.F. 155 Keith A. Kreiman S–3027 S.F. 173 Mike Connolly S–3028 H.F. 65 Matt McCoy