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THIRTIETH CALENDAR DAY EIGHTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 8, 2000 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by the Reverend James Louk, pastor of the United Methodist Church of Osceola, Iowa, guest of Senator Judge. The Journal of Monday, February 7, 2000, was approved. HOUSE MESSAGES RECEIVED 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 February 7, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2099, a bill for an act affecting eligibility for the beginning farmer loan program, and providing an effective date. Read first time and referred to committee on Agriculture. House File 2105, a bill for an act adopting the nurse licensure compact. Read first time and referred to committee on State Government. House File 2106, a bill for an act prohibiting motor vehicle manufacturers, distributors, wholesalers, and importers from being licensed as, owning an interest in, operating, or controlling a motor vehicle dealer, providing exceptions, and making a penalty applicable. Read first time and attached to companion Senate File 2083. INTRODUCTION OF BILLS Senate File 2097, by Sexton, a bill for an act providing supplementary weighting for determining enrollment in school districts involved in district-to-district or district-to-community- college sharing programs, alternative high school programs, and providing an effective date. Read first time and referred to committee on Education. Senate File 2098, by Freeman, a bill for an act relating to disposing and recycling waste oil filters and establishing a fee. Read first time and referred to committee on Natural Resources and Environment. Senate File 2099, by Lamberti, a bill for an act relating to forcible entry and detainer actions in small claims court following a default on a contract for deed. Read first time and referred to committee on Judiciary. Senate File 2100, by McKibben, a bill for an act relating to the state list of endangered and threatened fish, plants, and wildlife. Read first time and referred to committee on Natural Resources and Environment. INTRODUCTION OF RESOLUTIONS Senate Resolution 104, by Iverson Angelo, Bartz, Behn, Boettger, Drake, Freeman, Gaskill, Hedge, Jensen, Johnson, King, Kramer, Lamberti, Lundby, Maddox, McKean, McKibben, McLaren, Miller, Redfern, Redwine, Rehberg, Rife, Rittmer, Schuerer, Sexton, Tinsman, Veenstra, and Zieman, a resolution honoring Kayne Robinson, Chairman of the Republican Party of Iowa, and the Republican Party of Iowa for outstanding achievements in bringing about nationwide recognition for the year 2000 presidential precinct caucuses. Read first time and referred to committee on Rules and Administration. Senate Resolution 105, by Gronstal, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hammond, Hansen, Harper, Horn, Judge, Kibbie, McCoy, Shearer, Soukup, and Szymoniak, a resolution honoring Rob Tully, Chairman of the Iowa Democratic Party, and the Iowa Democratic Party for outstanding achievements in bringing about nationwide recognition for the year 2000 presidential precinct caucuses. Read first time and referred to committee on Rules and Administration. COMMITTEE REPORTS RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 104, a resolution honoring Kayne Robinson, Chairman of the Republican Party of Iowa, and the Republican Party of Iowa for outstanding achievements in bringing about nationwide recognition for the year 2000 presidential precinct caucuses. Recommendation: DO PASS. Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Fink, Harper, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, 3: Dvorsky, Jensen, and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 105, a resolution honoring Rob Tully, Chairman of the Iowa Democratic Party, and the Iowa Democratic Party for outstanding achievements in bringing about nationwide recognition for the year 2000 presidential precinct caucuses. Recommendation: DO PASS. Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Fink, Harper, Redfern, Rehberg, and Rittmer. Nays, none. Absent or not voting, 3: Dvorsky, Jensen, and Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 104. Senate Resolution 104 On motion of Senator Iverson, Senate Resolution 104, a resolution honoring Kayne Robinson, Chairman of the Republican Party of Iowa, and the Republican Party of Iowa for outstanding achievements in bringing about nationwide recognition for the year 2000 presidential precinct caucuses, with report of committee recommending passage, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 104, which motion prevailed by a voice vote. Mr. Robinson addressed the Senate with brief remarks. Senator Gronstal asked and received unanimous consent to take up for immediate consideration Senate Resolution 105. Senate Resolution 105 On motion of Senator Gronstal, Senate Resolution 105, a resolution honoring Rob Tully, Chairman of the Iowa Democratic Party, and the Iowa Democratic Party for outstanding achievements in bringing about nationwide recognition for the year 2000 presidential precinct caucuses, with report of committee recommending passage, was taken up for consideration. Senator Gronstal moved the adoption of Senate Resolution 105, which motion prevailed by a voice vote. Mr. Tully addressed the Senate with brief remarks. HOUSE MESSAGES RECEIVED 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 February 8, 2000, passed the following bill in which the concurrence of the House was asked: Senate Concurrent Resolution 101, a concurrent resolution to request a United States Corps of Engineers' study of the lower Des Moines River. ALSO: That the House has on February 8, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2090, a bill for an act changing the name of the forests and forestry division of the department of natural resources to the forests and prairies division and expanding its responsibilities. Read first time and attached to similar Senate File 2035. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: High school students from Odebolt-Arthur Community Schools, accompanied by teachers and parents. Senator King. COMPANION BILL RECEIVED On February 8, 2000, House File 2106 was received and attached to companion Senate File 2083 on the calendar. SIMILAR BILL RECEIVED On February 8, 2000, House File 2090 was received and attached to similar Senate File 2035 on the calendar. EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on February 7, 2000, when the vote was taken on Senate File 2031. Had I been present, I would have voted "Aye." TOM FLYNN PETITION The following petition was presented and placed on file by: Senator Dvorsky, from residents of Johnson County, favoring legislation earmarking monetary help for schools throughout the state to be used to hire new teachers and improve the condition of the buildings. REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: February 7, 2000, 4:25 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Bolkcom, Gronstal, Hansen, Johnson, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: Deluhery, Ranking Member; Flynn and King (all excused). Committee Business: Presentation by Allan Thoms, Iowa Utility Board. Adjourned: 5:30 p.m. HUMAN RESOURCES Convened: February 7, 2000, 3:22 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: None. Committee Business: Report by the Director of Human Services, Jessie Rasmussen. Adjourned: 4:24 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 8, 2000, 9:40 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Presentation by Dr. Steven Gleason, Dept. of Public Health. Adjourned: 10:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 8, 2000, 9:45 a.m. Members Present: Boettger, Vice Chair; Soukup, Ranking Member; Judge, and Lamberti. Members Absent: Schuerer, Chair (excused). Committee Business: Reports given by the Dept. of Economic Development. Adjourned: 10:56 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 8, 2000, 9:50 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: UNI discussed their budget. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 8, 2000, 9:55 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentations by state hospital schools, parents of children at those schools, state juvenile institutions, and ARC of Iowa. Adjourned: 11:58 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 8, 2000, 9:45 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; and Fraise. Members Absent: McKean (excused). Committee Business: Presentations by Dept. of Public Defense and Iowa Law Enforcement Academy. Adjourned: 11:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: February 8, 2000, 9:45 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson, and Shearer. Members Absent: None. Committee Business: Presentations by Dept. of General Services and the Governor's Vertical Infrastructure Advisory Committee. Adjourned: 11:05 a.m. JUDICIARY Convened: February 8, 2000, 3:02 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, Miller, and Tinsman. Members Absent: McCoy, McKibben, and Redfern (all excused). Committee Business: Recommended confirmation of Governor's appointee. Approved SSB 3020 and passed SF 2007, as amended. Subcommittee assignments. Adjourned: 3:13 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 8, 2000, 1:10 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member, Black, Bolkcom, Dearden, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Members Absent: Deluhery (excused). Committee Business: Approved SSB 3080. Recommended confirmation of Governor's appointees. Presentations by DNR and State Police Officers Council. Adjourned: 2:08 p.m. RULES AND ADMINISTRATION Convened: February 8, 2000, 9:20 a.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Fink, Harper, Redfern, Rehberg, and Rittmer. Members Absent: Dvorsky, Jensen, and Lundby (all excused). Committee Business: Passed SR 104 and SR 105. Adjourned: 9:21 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: February 8, 2000, 1:02 p.m. Members Present: Lundby, Chair; Behn, Vice Chair; Shearer, Ranking Member; Boettger, Flynn, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: None. Committee Business: Presentation by Dept. of Cultural Affairs. Recommended confirmation of Governor's appointees. Adjourned: 2:00 p.m. STATE GOVERNMENT Convened: February 8, 2000, 2:15 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Members Absent: Deluhery and McLaren (both excused). Committee Business: Approved SSB 3038. Subcommittee assignments. Recommended confirmation of Governor's appointees. Presentation on 100 Day Report. Adjourned: 2:48 p.m. INTRODUCTION OF BILLS Senate File 2101, by Rehberg, a bill for an act relating to the exemption from the sales and use taxes of horticultural purchases to be used or planted on land in the federal conservation reserve program and including an effective date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2102, by Fraise, a bill for an act providing for the application of a member of the municipal fire and police retirement system for an ordinary disability retirement benefit. Read first time under Rule 28 and referred to committee on Local Government. Senate File 2103, by Fink, a bill for an act establishing a minimum criminal penalty for simple misdemeanor theft of motor vehicle fuel from a retail dealer. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 2104, by Flynn, a bill for an act relating to the exclusion from tax of an amount of net income under the individual income tax and including a retroactive applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2105, by Judge, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Hammond, Kibbie, McCoy, Shearer, Soukup, Gronstal, and Szymoniak, a bill for an act appropriating funds to the department of elder affairs for an additional long-term care ombudsman position. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2106, by Gronstal, a bill for an act relating to the residency requirements for city civil service employees. Read first time under Rule 28 and referred to committee on Local Government. Senate File 2107, by McKean, a bill for an act to prohibit the operation of slot machines using themes associated with persons under twenty-one years of age. Read first time under Rule 28 and referred to committee on State Government. Senate File 2108, by Johnson, a bill for an act providing for establishment of a statewide organ donor registry and making an appropriation. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 2109, by Miller, a bill for an act relating to the value of property or services secured by fraudulent use of a credit card and providing penalties. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 2110, by Tinsman and Rittmer, a bill for an act providing for the qualifications of interpreters for the deaf and hard- of-hearing. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 2111, by committee on Education, a bill for an act providing for a one hundred percent budget guarantee for school districts, and providing an effective date. Read first time under Rule 28 and placed on calendar. STUDY BILLS RECEIVED SSB 3089 Education Providing for additional local funding authority under the instructional support levy for school districts. SSB 3090 Natural Resources and Environment Relating to the creation of a water quality district, providing for the levy of a tax, and providing for other properly related matters. SSB 3091 Human Resources Relating to the establishment of a domestic abuse death review team and providing a penalty. SSB 3092 Human Resources Providing for review of deaths of children under the age of eighteen by the child death review team. SSB 3093 Human Resources Relating to child and family services administered by the department of human services. SSB 3094 Human Resources Relating to child support including medical support and payment of costs to financial institutions for data matching and automation program development. SSB 3095 Human Resources Relating to medical assistance, including eligibility categories and transfer of assets. SSB 3096 Human Resources Relating to family investment program requirements regarding the time period allowed for supported postsecondary education assistance and including an applicability provision. SSB 3097 Human Resources Relating to electronic benefits transfer program requirements administered by the department of human services. SSB 3098 Human Resources Relating to the healthy and well kids in Iowa program. SSB 3099 Human Resources Relating to juvenile crime prevention programs and youth development grant fund requirements and providing an effective date. SSB 3100 Human Resources Relating to juvenile crime prevention and youth development grant fund requirements and providing an effective date. SSB 3101 Human Resources Relating to the regulation of controlled substances and precursors to controlled substances. SSB 3102 Human Resources Relating to programs and public health issues under the purview of the Iowa department of public health and the appropriation of certain fees to the department. SSB 3103 Human Resources Relating to communicable and infectious diseases and providing penalties. SSB 3104 Human Resources Relating to the family investment program and associated provisions. SSB 3105 Human Resources Relating to the authority of the department of human services involving state institutions and employee and volunteer background checks. SSB 3106 Natural Resources and Environment Relating to tonnage fees paid by sanitary landfills and transfer stations. SSB 3107 Natural Resources and Environment Relating to a state agency purchasing preference for bio-based hydraulic fluids, greases, and other industrial lubricants. SSB 3108 Local Government Relating to landlord-tenant law, by allowing for notice of and a surcharge for rent paid with a check returned for insufficient funds, and making certain changes related to forcible entry and detainer actions. SSB 3109 Ways and Means Expanding the number of counties that may designate unincorporated areas containing private lakes as rural improvement zones. SSB 3110 Education Relating to the authority of the board of educational examiners over certification and licensing of para-educators and practitioners. SSB 3111 Education Providing for the utilization of budget enrollment in determining gifted and talented program funding, and providing an effective date. SSB 3112 Judiciary Concerning local fire officials by eliminating a criminal penalty for the failure or refusal of a local fire official to report and investigate certain fires and providing an effective date. SSB 3113 Judiciary Relating to agreements by physicians to restrict the practice of medicine, and providing an effective date and retroactive applicability provisions. SSB 3114 Ways and Means Relating to the administration and enforcement of the replacement tax imposed on the generation, transmission, and delivery, consumption, and use of electricity and natural gas, providing for the Act's retroactive applicability, and providing an effective date. SSB 3115 Transportation Relating to the use of blue lights on authorized emergency vehicles. SUBCOMMITTEE ASSIGNMENTS Senate File 2094 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Black and Freeman Senate File 2095 EDUCATION: Veenstra, Chair; Boettger and Fink Senate File 2099 JUDICIARY: Lamberti, Chair; Dvorsky and Miller Senate File 2101 WAYS AND MEANS: Hedge, Chair; Connolly and Johnson Senate File 2102 LOCAL GOVERNMENT: Angelo, Chair; Bartz and Bolkcom Senate File 2103 JUDICIARY: Redfern, Chair; Horn and McKean Senate File 2104 WAYS AND MEANS: McLaren, Chair; Flynn and Johnson Senate File 2106 LOCAL GOVERNMENT: Angelo, Chair; Bartz and Bolkcom SSB 3089 EDUCATION: Tinsman, Chair; Redwine and Szymoniak SSB 3090 NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Bolkcom and Rehberg SSB 3091 HUMAN RESOURCES: Miller, Chair; Harper and Veenstra SSB 3092 HUMAN RESOURCES: Miller, Chair; Harper and Veenstra SSB 3093 HUMAN RESOURCES: Bartz, Chair; Hammond and Veenstra SSB 3094 HUMAN RESOURCES: Veenstra, Chair; Miller and Shearer SSB 3095 HUMAN RESOURCES: Miller, Chair; Hammond and Tinsman SSB 3096 HUMAN RESOURCES: Tinsman, Chair; Hammond and Veenstra SSB 3097 HUMAN RESOURCES: Schuerer, Chair; Harper and Miller SSB 3098 HUMAN RESOURCES: Behn, Chair; Bartz and Hammond SSB 3099 HUMAN RESOURCES: Szymoniak, Chair; Tinsman and Veenstra SSB 3100 HUMAN RESOURCES: Szymoniak, Chair; Tinsman and Veenstra SSB 3101 HUMAN RESOURCES: Dvorsky, Chair; Bartz and Behn SSB 3102 HUMAN RESOURCES: Redwine, Chair; Boettger and Shearer SSB 3103 HUMAN RESOURCES: Redwine, Chair; Boettger and Shearer SSB 3104 HUMAN RESOURCES: Tinsman, Chair; Harper and Veenstra SSB 3105 HUMAN RESOURCES: Tinsman, Chair; Harper and Schuerer SSB 3106 NATURAL RESOURCES AND ENVIRONMENT: Drake, Chair; Black and Johnson SSB 3107 NATURAL RESOURCES AND ENVIRONMENT: Gaskill, Chair; Kibbie and Rife SSB 3108 LOCAL GOVERNMENT: Gaskill, Chair; Fraise and McKean SSB 3109 WAYS AND MEANS: Lamberti, Chair; Flynn and McKibben SSB 3110 EDUCATION: Sexton, Chair; Harper and Veenstra SSB 3111 EDUCATION: Redwine, Chair; Dvorsky and Gaskill SSB 3112 JUDICIARY: McKean, Chair; Hammond and Maddox SSB 3113 JUDICIARY: McKibben, Chair; Hansen and Maddox SSB 3114 WAYS AND MEANS: Maddox, Chair; Deluhery and McKibben SSB 3115 TRANSPORTATION: Drake, Chair; Jensen and Judge COMMITTEE REPORTS EDUCATION Final Bill Action: SENATE FILE 2111 (SSB 3073), a bill for an act providing for a one hundred percent budget guarantee for school districts, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENT FILED S-5007 S.F. 2092 Judiciary GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar on February 8, 2000, with recommendations for confirmation: JUDICIARY Kelly Rasmussen - Narcotics Enforcement Advisory Council NATURAL RESOURCES AND ENVIRONMENT Cathy Addington - Iowa Comprehensive Petroleum Underground Storage Tank Fund Board Eldon Boswell - Renewable Fuels and Coproducts Advisory Committee ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:37 a.m., until 9:00 a.m., Wednesday, February 9, 2000. 200 JOURNAL OF THE SENATE 18th Day 18th Day TUESDAY, FEBRUARY 8, 2000 199
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