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Senate Journal: Wednesday, February 9, 2000

  THIRTY-FIRST CALENDAR DAY
  NINETEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, February 9, 2000

  The Senate met in regular session at 9:09 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Penny Johnson, pastor of the
  Rowley Presbyterian Church of Rowley, Iowa, guest of Senator
  Rehberg.

  The Journal of Tuesday, February 8, 2000, was approved.

  Senator Hedge took the chair at 9:38 a.m.

  President Kramer took the chair at 9:48 a.m.

  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 9, 2000, passed the following bills in which the
  concurrence
  of the Senate is asked:

  House File 2135, a bill for an act relating to the designated date
  of withholding of support by payors of income and providing an
  effective date.

  Read first time and referred to committee on Human Resources.

  House File 2145, a bill for an act providing for the utilization of
  budget enrollment in determining gifted and talented program
  funding, and providing an effective date.
  Read first time and referred to committee on Education.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:59 a.m.,
  until 1:00 p.m.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 8, 2000, 9:50 a.m.

  Members Present:  King, Chair; Lundby, Vice Chair; Harper and Rittmer.

  Members Absent:  Deluhery, Ranking Member (excused).

  Committee Business:  Discussion of Governor's proposed FY 2001 budget with
  Thomas Miller, Attorney General, and Richard Johnson, Auditor of State.

  Adjourned:  11:45 a.m.

  APPROPRIATIONS

  Convened:  February 8, 2000, 4:17 p.m.

  Members Present:  McLaren, Chair; Flynn, Ranking Member; Behn, Black,
  Bolkcom,
  Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti,
  Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman.

  Members Absent:  Kramer, Vice Chair; Connolly, and Deluhery (all excused).

  Committee Business:  Approved SSB 3082.

  Adjourned:  4:42 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 104, by committee on
  Appropriations, a concurrent resolution urging that the Iowa
  Agricultural Industry Finance Corporation immediately begin
  implementing the Iowa Agricultural Industry Finance Act in a
  manner that encourages local agricultural producer-led ventures to
  expand production and processing of high value agricultural
  products, including agricultural processed products.

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

  Senate File 2112, by committee on Judiciary, a bill for an act
  relating to the criminal jurisdiction of the state regarding the crimes
  of escape and absence from custody.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2113, by committee on State Government, a bill for
  an act relating to the licensing of individuals engaged in the healing
  art of massage therapy.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2114, by committee on Natural Resources and
  Environment, bill for an act relating to land restoration requirements
  for interstate natural gas pipeline construction projects.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2115, by Kibbie, Black, Bolkcom, Connolly, Dearden,
  Deluhery, Dvorsky, Fink, Flynn, Fraise, Hammond, Harper, McCoy,
  Shearer, Soukup, Gronstal, and Szymoniak, a bill for an act providing
  for the appointment of the director of the department of commerce.

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

  Senate File 2116, by Administrative Rules Review Committee, a
  bill for an act providing for the waiver or variance of administrative
  rules by state agencies.

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

  Senate File 2117, by Bolkcom, Dvorsky, Harper, and Szymoniak,
  a bill for an act prohibiting discrimination based upon a person's
  sexual orientation under the Iowa civil rights act.

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

  SenateFile 2096

  APPROPRIATIONS:  Johnson, Chair; Bolkcom and Jensen

  Senate File 2098

  NATURAL RESOURCES AND ENVIRONMENT:  Freeman, Chair; Deluhery and Rife

  Senate File 2100

  NATURAL RESOURCES AND ENVIRONMENT:  King, Chair; Kibbie and Miller

  Senate File 2108

  HUMAN RESOURCES:  Boettger, Chair; Bartz and Harper

  Senate File 2110

  HUMAN RESOURCES:  Tinsman, Chair; Szymoniak and Veenstra

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 104 (SSB 3082), a
  concurrent resolution urging that the Iowa Agricultural Industry Finance
  Corporation
  immediately begin implementing the Iowa Agricultural Industry Finance Act in
  a
  manner that encourages local agricultural producer-led ventures to expand
  production
  and processing of high value agricultural products, including agricultural
  processed
  products.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 21:  McLaren, Flynn, Behn, Black, Bolkcom, Freeman,
  Hammond,
  Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine,
  Rehberg,
  Rife, Schuerer, Soukup, and Tinsman.  Nays, 1:  Dvorsky.  Absent or not
  voting, 3:
  Kramer, Connolly, and Deluhery.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action:  SENATE FILE 2112 (SSB 3020), a bill for an act relating
  to the
  criminal jurisdiction of the state regarding the crimes of escape and
  absence from
  custody.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 10:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, and Miller.  Nays, none.  Absent or not voting, 5:  Maddox,
  McCoy,
  McKibben, Redfern, and Tinsman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 2114 (SSB 3080), a bill for an act relating
  to land
  restoration requirements for interstate natural gas pipeline construction
  projects.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Bartz, King, Fink, Black, Bolkcom, Dearden, Drake,
  Freeman,
  Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife.  Nays, none.  Absent or
  not voting, 1:
  Deluhery.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 2113 (SSB 3038), a bill for an act relating
  to the
  licensing of individuals engaged in the healing art of massage therapy.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Rittmer, Kibbie, Connolly, Dearden, Drake, Fink,
  King,
  Lundby, Schuerer, Sexton, and Szymoniak.  Nays, none.  Absent or not voting,
  4:
  Lamberti, Deluhery, Maddox, and McLaren.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AFTERNOON SESSION

  The Senate reconvened at 1:12 p.m., Senator Hedge presiding.

  QUORUM CALL

  Senator Iverson requested a non-record roll call to determine that
  a quorum was present.

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McKibben, until he arrives, on request of Senator Miller.
  APPENDIX

  PETITION

  The following petition was presented and place on file:

  Senator Dvorsky, from one hundred nine residents of Johnson
  County, opposing legislation to allow dove hunting in Iowa.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 9, 2000, 10:20 a.m.

  Members Present:  Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member;
  Flynn, and Sexton.

  Members Absent:  None.

  Committee Business:  Presentations by Dept. of Revenue and Finance and Dept.
  of
  Treasury.

  Adjourned:  11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 9, 2000, 10:05 a.m.

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

  Members Absent:  None.

  Committee Business:  Representatives from DNR and Dept. of Agriculture and
  Land
  Stewardship discussed the Iowa Water Quality Initiative.

  Adjourned:  11:17 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 9, 2000, 10:15 a.m.

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

  Members Absent: Boettger, Vice Chair; and Lamberti (both excused).
  Committee Business:  Joint meeting with Education appropriations
  subcommittee.
  Enterprise Team presentation by Dept. of Education, DED, and Iowa Workforce
  Development.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 9, 2000, 10:15 a.m.

  Members Present:  Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member;
  and Kibbie.

  Members Absent:  McLaren (excused).

  Committee Business:  Joint meeting with Economic Development appropriations
  subcommittee.  Enterprise Team presentation by Dept. of Education, DED, and
  Iowa
  Workforce Development.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 9, 2000, 10:00 a.m.

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

  Members Absent:  Dearden (excused).

  Committee Business:  Presentation by Attorney General Tom Miller and
  Director of
  the Dept. of Public Health regarding tobacco settlement funds and smoking
  prevention
  programs.

  Adjourned:  11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 9, 2000, 10:10 a.m.

  Members Present:  Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking
  Member; Miller and Szymoniak.

  Members Absent:  None.

  Committee Business:  Presentations by the Office of the Attorney General,
  Mental
  Health Institute superintendents, and Central Point of Coordination
  representative.

  Adjourned:  12:07 p.m.
  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 9, 2000, 10:15 a.m.

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

  Members Absent:  None.

  Committee Business:  Dept. of Corrections FY 2000 budget presentation.

  Adjourned:  11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 9, 2000, 10:10 a.m.

  Members Present:  King, Chair; and Harper.

  Members Absent:  Lundby, Vice Chair; Deluhery, Ranking Member; and Rittmer
  (all
  excused).

  Committee Business:  Discussion regarding the Information Technology Dept.

  Adjourned:  11:05 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 9, 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 the Dept. of Agriculture and Land
  Stewardship and the DNR.

  Adjourned:  11:17 a.m.

  AGRICULTURE

  Convened:  February 9, 2000, 8:05 a.m.

  Members Present:  Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking
  Member;
  Angelo, Bartz, Behn, Black, Hedge, Judge, Kibbie, Sexton, Shearer, Soukup,
  Veenstra,
  and Zieman.

  Members Absent:  None.
  Committee Business:  Joint House and Senate Agriculture and Natural
  Resources
  and Environment meeting to discuss water quality initiatives, with
  presentations by
  the IDALS and DNR.

  Adjourned:  8:59 a.m.

  EDUCATION

  Convened:  February 9, 2000, 2:45 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer,
  Szymoniak, Tinsman, and Veenstra.

  Members Absent:  None.

  Committee Business:  Recommended confirmation of Governor's appointees.
  Subcommittee assignments.  Approved SSB 3089.

  Adjourned:  3:25 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Concurrent Resolution 105, by Drake and Kibbie, a
  concurrent resolution requesting the Congress of the United States to
  appropriate sufficient funding to the United States Naval Fleet and
  the United States Flag Merchant Marine Fleet.

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

  INTRODUCTION OF BILLS

  Senate File 2118, by Bolkcom and Fink, a bill for an act
  establishing a center for community development planning and
  providing for fees, and an appropriation.

  Read first time under Rule 28 and referred to committee on Small
  Business, Economic Development, and Tourism.

  Senate File 2119, by Gronstal, a bill for an act relating to
  contributions and assets of retirement plans that are exempt from
  execution for payment of one's debts and including an effective and
  retroactive applicability date provision.
  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 2120, by Bolkcom, a bill for an act relating to the
  establishment of a comprehensive tobacco use education and
  prevention program and making appropriations.

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

  STUDY BILLS RECEIVED

  SSB 3116	State Government

  Concerning paid time off for certain peace officer members of the
  department of public safety injured in the course of duty.

  SSB 3117	Ways and Means

  Relating to certification of property taxes by townships and
  providing an effective date.

  SSB 3118	Natural Resources and Environment

  Providing rebates for the purchase of gasoline blended with
  ethanol, providing an appropriation, affecting tax revenues, and
  providing penalties and effective dates.

  SSB 3119	State Government

  Relating to the regulation of the practice of accounting,
  establishing fees, providing penalties, and providing an effective date.

  SSB 3120	Ways and Means

  Exempting the providing of environmental laboratory services
  from the state sales and use taxes.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2107

  STATE GOVERNMENT:  Rittmer, Chair; Dearden and King
  House File 2099

  AGRICULTURE:  Behn, Chair; Fraise and Gaskill

  House File 2105

  STATE GOVERNMENT:  Lundby, Chair; Lamberti and Szymoniak

  SSB 3116

  STATE GOVERNMENT:  Connolly, Chair; Lamberti and Schuerer

  SSB 3117

  WAYS AND MEANS:  Maddox, Chair; Deluhery and McKibben

  SSB 3118

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Johnson and Kibbie

  SSB 3119

  STATE GOVERNMENT:  Lamberti, Chair; Connolly and Schuerer

  SSB 3120

  WAYS AND MEANS:  Drake, Chair; Flynn and McKibben

  COMMITTEE REPORT

  JUDICIARY

  Final Bill Action:  SENATE FILE 2007, a bill for an act relating to
  responsibilities of
  a guardian in procuring professional services for a ward with a physical or
  mental
  disability which do not require prior court approval.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT
  S-5008.

  Final Vote:  Ayes, 12:  McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky,
  Fraise,
  Hammond, Horn, Maddox, Miller, and Tinsman.  Nays, none.  Absent or not
  voting, 3:
  McCoy, McKibben, and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENT FILED

  S-5008		S.F. 2007	Judiciary
  COMMUNICATION RECEIVED

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

  February 9, 2000

  AGENCY ICN REPORT

  DEPARTMENT OF EDUCATION

  FY 1999 Iowa Communications Network Usage Report.

  GOVERNOR'S APPOINTEE PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointee, assigned to standing committee for
  investigation, was placed on the Individual Confirmation Calendar on
  February 9, 2000, with recommendation for confirmation:

  EDUCATION

  Douglas W. Larche - Director of the Department of Cultural Affairs

  GOVERNOR'S APPOINTEE PLACED ON
  EN BLOC CALENDAR

  The following appointee, assigned to standing committee for
  investigation, was placed on the En Bloc Calendar on February 9,
  2000, with recommendation for confirmation:

  EDUCATION

  Frederick Stilwill - Director of the Department of Education

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on February 9,
  2000, the Governor approved and transmitted to the Secretary of
  State the following bill:

  S.F. 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.
  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:17 p.m.,
  until 9:00 a.m., Thursday, February 10, 2000.
  218	JOURNAL OF THE SENATE	19th Day
  19th Day	WEDNESDAY, FEBRUARY 9, 2000	219

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