Senate Journal: Thursday, February 3, 2000

  TWENTY-FIFTH CALENDAR DAY
  SIXTEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, February 3, 2000

  The Senate met in regular session at 9:05 a.m., Senator Bartz
  presiding.

  Prayer was offered by the Reverend William H. Payne, pastor of
  the Christ Church of Ottumwa, Iowa, guest of Senator Miller.

  The Journal of Wednesday, February 2, 2000, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Hansen, for the day, on request of Senator Gronstal; Senator Kramer,
  for
  the day, on request of Senator Iverson; and Senators Lundby and McLaren,
  until they
  arrive, on request of Senator Iverson.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2082.

  Senate File 2082

  On motion of Senator Redfern, Senate File 2082, a bill for an act
  relating to the establishment of the state percent of growth for
  purposes of the state school foundation program and providing an
  applicability date, was taken up for consideration.
  Senator Redfern 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. 2082), the vote was:

  Ayes, 44:

  Angelo	Bartz	Behn	Black
  Boettger	Bolkcom	Connolly	Dearden
  Deluhery	Drake	Dvorsky	Fink
  Flynn	Fraise	Freeman	Gaskill
  Gronstal	Hammond	Harper	Horn
  Iverson	Jensen	Johnson	Judge
  Kibbie	King	Lamberti	Maddox
  McCoy	McKean	McKibben	Miller
  Redfern	Redwine	Rehberg	Rittmer
  Schuerer	Sexton	Shearer	Soukup
  Szymoniak	Tinsman	Veenstra	Zieman	

  Nays, 2:

  Hedge	Rife	

  Absent or not voting, 4:

  Hansen	Kramer	Lundby	McLaren	

  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 2082 be immediately messaged to the House.
  APPENDIX

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  February 2, 2000

  DEPARTMENT OF HUMAN SERVICES

  Four-Level Child Care Registration Pilot Report - January 2000, as required
  by
  1999 House File 761.

  DEPARTMENT OF PUBLIC HEALTH

  Midwife Scope of Practice Review Committee Final Report - January 2000, as
  pursuant to 1999 Acts, chapter 81.

  IOWA WORKFORCE DEVELOPMENT

  Addendum to previously submitted FY '99 Iowa Workforce Development Annual
  Report, as pursuant to Iowa Code, chapter 7B.3(10).


  REPORTS OF COMMITTEE MEETINGS

  BUSINESS AND LABOR RELATIONS

  Convened:  February 2, 2000, 1:07 p.m.

  Members Present:  McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking
  Member; Behn, Fraise, Hedge, Horn, King, Rife, and Schuerer.

  Members Absent:  Hansen (excused).

  Committee Business:  Governor's appointee subcommittees assigned.
  Presentations
  by John Deere Des Moines Works, John Deere Team Scholars, UAW Local 450, and
  DMACC.

  Adjourned:  1:48 p.m.

  COMMERCE

  Convened:  February 2, 2000, 3:05 p.m.

  Members Present:  Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking
  Member;
  Bolkcom, Flynn, Gronstal, Johnson, King, Lamberti, Lundby, McCoy, Redfern,
  Redwine, and Schuerer.
  Members Absent:  Hansen (excused).

  Committee Business:  Presentation by John Norris from the Governor's office.

  Adjourned:  3:50 p.m.

  WAYS AND MEANS

  Convened:  February 2, 2000, 4:05 p.m.

  Members Present:  Johnson, Chair; McKibben, Vice Chair; Harper, Ranking
  Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti,
  Maddox, Redwine, and Soukup.

  Members Absent:  McLaren (excused).

  Committee Business:  Approved SSB 3010.

  Adjourned:  5:25 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 3, 2000, 10:10 a.m.

  Members Present:  Behn, Chair; Hedge, Vice Chair; Black, Ranking Member;
  Fink
  and Gaskill.

  Members Absent:  None.

  Committee Business:  Presentations on multiflora rose eradication and human
  vs.
  animal e-coli testing.

  Adjourned:  11:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 3, 2000, 10:08 a.m.

  Members Present:  Schuerer, Chair; Soukup, Ranking Member; Judge and
  Lamberti.

  Members Absent:  Boettger, Vice Chair (excused).

  Committee Business:  Presentation of Workforce Development programs.

  Adjourned:  11:23 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 3, 2000, 10:15 a.m.
  Members Present:  Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member;
  and Kibbie.

  Members Absent:  McLaren (excused).

  Committee Business:  Presentation by ISU, concerning their budget.

  Adjourned:  12:00 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 3, 2000, 10:01 a.m.

  Members Present:  Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member;
  and
  McKibben.

  Members Absent:  Dearden (excused).

  Committee Business:  Presentation by the Dept. of Public Health.

  Adjourned:  11:21 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 3, 2000, 10:10 a.m.

  Members Present:  Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking
  Member;
  Fraise and McKean.

  Members Absent:  None.

  Committee Business:  Presentations by the Office of the Attorney General and
  the
  Office of the Public Defender.

  Adjourned:  10:28 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 3, 2000, 10:05 a.m.

  Members Present:  Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking
  Member;
  Johnson, and Shearer.

  Members Absent:  None.

  Committee Business:  Presentation by Dept. of General Services.

  Adjourned:  11:40 a.m.
  JUDICIARY

  Convened:  February 3, 2000, 3:03 p.m.

  Members Present:  McKean, Chair; Lamberti, Vice Chair; Angelo, Dvorsky,
  Fraise,
  Hammond, Maddox, McCoy, Miller, Redfern, and Tinsman.

  Members Absent:  Hansen, Ranking Member; Boettger, Horn, and McKibben (all
  excused).

  Committee Business:  Subcommittee assignments.  Recommended confirmation of
  Governor's appointees.  Approved SSB 3014.

  Adjourned:  3:25 p.m.

  LOCAL GOVERNMENT

  Convened:  February 3, 2000, 2:07 p.m.

  Members Present:  Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member;
  Fraise, Gaskill, Hammond, Judge, McKean, Miller, Rife, and Zieman.

  Members Absent:  McCoy and McKibben (both excused).

  Committee Business:  Subcommittee assignments.  Governor's appointee
  subcommittees assigned.  Approved SSB 3039 and passed SF 2045.

  Adjourned:  2:27 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 3, 2000, 1:10 p.m.

  Members Present:  Bartz, Chair; King, Vice Chair; Fink, Ranking Member,
  Black,
  Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Kibbie, Miller, and
  Rife.

  Members Absent:  Johnson and Rehberg (both excused).

  Committee Business:  Approved SSB 3008.

  Adjourned:  1:15 p.m.

  STATE GOVERNMENT

  Convened:  February 3, 2000, 2:10 p.m.

  Members Present:  Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking
  Member;
  Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren,
  Schuerer, Sexton, and Szymoniak.

  Members Absent:  None.
  Committee Business:  Presentation by Dept. of Personnel.  Deferred SSB 3059.
  Recommended Governor's appointees for confirmation.

  Adjourned:  3:08 p.m.

  INTRODUCTION OF BILLS

  Senate File 2085, by Judge and Freeman, a bill for an act
  providing for a rebuttable presumption regarding the percentage
  apportioned each party for payment of postsecondary education
  expenses under a postsecondary education subsidy.

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

  Senate File 2086, by Judge and Miller, a bill for an act
  appropriating funds for the acquisition and remodeling of a building
  for relocation of the Iowa public employees' retirement system
  headquarters and providing an effective date.

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

  Senate File 2087, by Kibbie, Black, Connolly, Deluhery, Fraise,
  Hansen, Harper, Shearer, Soukup, Judge, and Szymoniak, a bill for
  an act relating to motor vehicle fuels, by providing for fuel quality
  standards regulated by the department of agriculture and land
  stewardship, providing for the transportation, sale, and dispensing of
  oxygenated fuel, providing for tax revenues, and making penalties
  applicable.

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

  Senate File 2088, by Freeman, a bill for an act prohibiting the
  use of a telephone listing that misrepresents the name and location of
  a business and making penalties applicable.

  Read first time under Rule 28 and referred to committee on
  Judiciary.
  Senate File 2089, by committee on Ways and Means, a bill for an
  act relating to collection of the physical plant and equipment property
  tax levy in certain urban renewal areas and providing an
  applicability date.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  Senate File 2090, by committee on Natural Resources and
  Environment, a bill for an act providing for the registration of
  environmental auditors.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2091, by committee on Local Government, a bill for
  an act relating to procedures for discontinuance of a city.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 3063	State Government

  Relating to regulatory duties of the department of inspections and
  appeals including those related to hotel inspections and food
  establishment and food service establishment inspections and
  licensing fees.

  SSB 3064	Commerce

  Relating to the linked investments for tomorrow Act.

  SSB 3065	Local Government

  Relating to the definition of factory-built structures, the
  certification of installers of manufactured homes and providing for a
  fee, an appropriation, and a civil penalty.

  SSB 3066	Judiciary

  Relating to crime victim compensation.
  SSB 3067	Judiciary

  Relating to juvenile court jurisdiction and the prosecution of
  juveniles in juvenile and district court.

  SSB 3068	Judiciary

  Relating to the national crime prevention and privacy compact.

  SSB 3069	Judiciary

  Relating to domestic violence protective orders.

  SSB 3070	Judiciary

  Concerning the administration of clerk of court offices.

  SSB 3071	Judiciary

  Relating to the maximum accumulation of good conduct time for
  certain burglary in the first degree offenses.

  SSB 3072	Commerce

  Relating to the determination of fair value of the shares of
  dissenting shareholders of a bank or bank holding company.

  SSB 3073	Education

  Providing for a one hundred percent budget guarantee for school
  districts, and providing an effective date.

  SSB 3074	Judiciary

  To provide an additional sentence of parole or work release for
  certain persons who commit the crime of lascivious acts with a child.

  SSB 3075	Judiciary		

  Relating to the crimes of burglary and forgery.
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2066

  AGRICULTURE:  Hedge, Chair; Judge and Veenstra

  Senate File 2072

  EDUCATION:  Rehberg, Chair; Angelo and Harper

  Senate File 2073

  EDUCATION:  Redwine, Chair; Fink and Sexton

  Senate File 2080

  WAYS AND MEANS:  Johnson, Chair; Bolkcom and Drake

  Senate File 2085

  JUDICIARY:  Redfern, Chair; Fraise and McKean

  Senate File 2088

  JUDICIARY:  Redfern, Chair; Horn and McKean

  SSB 3063

  STATE GOVERNMENT:  Schuerer, Chair; Fink and Maddox

  SSB 3064

  COMMERCE:  Lundby, Chair; Bolkcom and Schuerer

  SSB 3065

  LOCAL GOVERNMENT:  McKean, Chair; Angelo and Fraise

  SSB 3066

  JUDICIARY:  Lamberti, Chair; Angelo and Dvorsky

  SSB 3067

  JUDICIARY:  Maddox, Chair; Horn and Miller

  SSB 3068

  JUDICIARY:  Hansen, Chair; Lamberti and Maddox
  SSB 3069

  JUDICIARY:  Miller, Chair; Hammond and McKibben

  SSB 3070

  JUDICIARY:  Dvorsky, Chair; Angelo and Tinsman

  SSB 3071

  JUDICIARY:  McKean, Chair; Hammond and Maddox

  SSB 3072

  COMMERCE:  King, Chair; McCoy and Redfern

  SSB 3073

  EDUCATION:  Angelo, Chair; Boettger and Shearer

  SSB 3074

  JUDICIARY:  McKean, Chair; Hammond and Maddox

  SSB 3075

  JUDICIARY:  McKean, Chair; Hammond and Maddox

  COMMITTEE REPORTS

  LOCAL GOVERNMENT

  Final Bill Action:  SENATE FILE 2045, a bill for an act allowing cities to
  adopt
  ordinances to assess a local public transit surcharge on city parking
  violations.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Angelo, Bolkcom, Fraise, Gaskill, Hammond, Judge,
  McKean,
  Rife, and Zieman.  Nays, 2:  Bartz and Miller.  Absent or not voting, 2:
  McCoy and
  McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2091 (SSB 3039), a bill for an act relating
  to
  procedures for discontinuance of a city.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 11:  Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond,
  Judge,
  McKean, Miller, Rife, and Zieman.  Nays, none.  Absent or not voting, 2:
  McCoy and
  McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 2090 (SSB 3008), a bill for an act providing
  for the
  registration of environmental auditors.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Bartz, King, Fink, Black, Bolkcom, Dearden,
  Deluhery, Drake,
  Freeman, Gaskill, Kibbie, Miller, and Rife.  Nays, none.  Absent or not
  voting, 2:
  Johnson and Rehberg.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  HOUSE FILE 620, a bill for an act relating to persons
  with
  disabilities by providing for the use of wheelchair parking cones, providing
  for persons
  with disabilities registration plates for trailers, and providing for
  penalties.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT
  S-5006.

  Final Vote:  Ayes, 13:  Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen,
  Judge,
  Kibbie, McKean, McKibben, Rittmer, and Zieman.  Nays, none.  Absent or not
  voting,
  none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  *SENATE FILE 2089 (SSB 3010), a bill for an act relating
  to
  collection of the physical plant and equipment property tax levy in certain
  urban
  renewal areas and providing an applicability date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and
  Soukup.
  Nays, none.  Absent or not voting, 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 Ways and Means Committee on Senate File 2089,
  and
  they were attached to the committee report.
  AMENDMENT FILED

  S-5006		H.F. 620	Transportation

  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate Chamber on
  February 3, 2000, when the vote was taken on Senate File 2082.  Had I been
  present, I
  would have voted "Aye."

  MARY A. LUNDBY

  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 on February 3, 2000:

  JUDICIARY

  Thomas G. Becker - State Public Defender

  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 on February 3, 2000:

  STATE GOVERNMENT

  Gilbert "Ron" Dardis - State of Iowa Adjutant General

  Billie Houck - Board of Barber Examiners

  Donald Tietz - Board of Corrections

  Alan Hathaway - Board of Dental Examiners

  Laura Hawks - Landscape Architectural Examining Board

  Bruce Hughes - Board of Medical Examiners

  Karen Thomsen - Board of Mortuary Science Examiners

  Marilyn Spina - Board of Optometry Examiners
  Ruth Daggett - Board of Psychology Examiners

  Luther Gammon - Real Estate Appraiser Examining Board

  Marianne Mickelson - Board of Speech Pathology and Audiology Examiners

  Mildred Dawson - Commission of Veterans Affairs
  Jesse Rodriquez - Commission of Veterans Affairs

  Sarah Garst - Iowa Board of Veterinary Medicine
  Paul Willis - Iowa Board of Veterinary Medicine

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:40 a.m.,
  until 1:00 p.m., Monday, February 7, 2000.


  176	JOURNAL OF THE SENATE	16th Day
  16th Day	THURSDAY, FEBRUARY 3, 2000	177

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