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THIRTY-SIXTH CALENDAR DAY TWENTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 14, 2000 The Senate met in regular session at 1:16 p.m., President Kramer presiding. Prayer was offered by the Reverend Ed Ward, pastor of the St. Stephen Lutheran Church of Urbandale, Iowa, guest of Senator Maddox. The Journal of Thursday, February 10, 2000, was approved. SPECIAL GUESTS Senator Boettger welcomed the following ten visitors from Cherkassy, Ukraine: Ms. Angelika Olegivna Bobileva, Mr. Alexander Grigorovich Bubbiy, Mr. Dmytro Ilyich Bukhalstov, Ms. Olena Anatoliiyna Kostenko, Ms. Julia Volodmiyrivna Moroz, Mr. Valentyn Vitaliyovych Nayda, Mr. Arthur Pavlovich Ohanesvan, Ms. Oleksandra Stanislavovna Sorokina, Ms. Oksana Anatoliivna Tsyahanova, and Mr. Boris Pitrovych Zilbermintz. The visitors are part of the Community Connections IV Cherkassy Business Program. Ms. Bobileva addressed the Senate with brief remarks. The Senate rose and expressed its appreciation. COMMITTEE APPOINTED Senator Iverson announced the following committee members appointed to an ad hoc committee on child abuse: Senators Boettger, Hammond, Harper, Kibbie, King, Lundby, Miller, and Szymoniak. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Kibbie and Connolly, until they arrive, on request of Senator Gronstal; and Senators McKean and Rife, until they arrive, on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration House File 686 and Senate File 2083. House File 686 On motion of Senator Rittmer, House File 686, a bill for an act providing registration requirements and establishing a scope of authority for dental assistants, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Senator Rittmer offered amendment S-5005 filed by the committee on State Government on February 2, 2000, to pages 1, 2, and 3 of the bill and moved its adoption. Amendment S-5005 was adopted by a voice vote. Senator Rittmer 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?" (H.F. 686), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Judge Absent or not voting, 4: Connolly Kibbie McKean Rife The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2083 On motion of Senator McKibben, Senate File 2083, 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, was taken up for consideration. Senator McKibben asked and received unanimous consent that House File 2106 be substituted for Senate File 2083. House File 2106 On motion of Senator McKibben, 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, was taken up for consideration. Senator McKibben 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?" (H.F. 2106), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Connolly Kibbie McKean 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 House Files 686 and 2106 be immediately messaged to the House. WITHDRAWN Senator McKibben asked and received unanimous consent that Senate File 2083 be withdrawn from further consideration of the Senate. 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 10, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2136, a bill for an act relating to nonsubstantive Code corrections. Read first time and referred to committee on Judiciary. ALSO: That the House has on February 14, 2000, passed the following bills in which the concurrence of the Senate is asked: House Concurrent Resolution 106, a concurrent resolution relating to support of the State of Minnesota's lawsuit against the federal government and the United States Secretary of Health and Human Services regarding disparate funding under the federal Medicare program. Read first time and referred to committee on Human Resources. House Concurrent Resolution 108, 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 and referred to committee on Rules and Administration. House File 2146, a bill for an act relating to the authority of the board of educational examiners over certification and licensing of para-educators and practitioners. Read first time and referred to committee on Education. House File 2168, a bill for an act relating to the exceptions to the requirement of holding a hearing in a dissolution of marriage action. Read first time and referred to committee on Judiciary. 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 14, 2000 DEPARTMENT OF ECONOMIC DEVELOPMENT Community Economic Betterment Account (CEBA) Annual Report for FY 1999. GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE Iowa's Drug Control Strategy 2000, as required by Iowa Code chapter 80.E. DEPARTMENT OF MANAGEMENT Report on Travel Reductions Contained in HF 2039. EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on February 14, 2000, when the votes were taken on House Files 686 and 2106. Had I been present, I would have voted "Aye" on both. JOHN P. KIBBIE MADAM PRESIDENT: I was necessarily absent from the Senate Chamber on February 14, 2000, when the votes were taken on House Files 686 and 2106. Had I been present, I would have voted "Aye" on both. MICHAEL W. CONNOLLY REPORTS OF COMMITTEE MEETINGS BUSINESS AND LABOR RELATIONS Convened: February 14, 2000, 2:49 p.m. Members Present: McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking Member; Behn, Fraise, Hansen, Hedge, Horn, King, Rife, and Schuerer. Members Absent: None. Committee Business: Recommended confirmation of Governor's appointees. Adjourned: 2:53 p.m. EDUCATION Convened: February 14, 2000, 2:47 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: Presentation by Dept. of Education. Subcommittee assignments. Approved SSB 3111. Adjourned: 3:33 p.m. HUMAN RESOURCES Convened: February 14, 2000, 3:42 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: Discussed SSB 3121. Adjourned: 4:38 p.m. TRANSPORTATION Convened: February 14, 2000, 3:27 p.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, McKibben, Rittmer, and Zieman. Members Absent: None. Committee Business: Passed SF 2001. Adjourned: 3:46 p.m. INTRODUCTION OF BILLS Senate File 2143, by committee on State Government, a bill for an act relating to the eligibility of certain school organizations to conduct games and raffles. Read first time under Rule 28 and placed on calendar. Senate File 2144, by committee on State Government, a bill for an act relating to regulation and inspection of health care facilities including the establishment of a quality-based inspections system. Read first time under Rule 28 and placed on calendar. Senate File 2145, by committee on Judiciary, a bill for an act relating to the national crime prevention and privacy compact. Read first time under Rule 28 and placed on calendar. Senate File 2146, by committee on Judiciary, a bill for an act relating to the appearance in court and the release from custody of certain criminal defendants. Read first time under Rule 28 and placed on calendar. Senate File 2147, by committee on Transportation, a bill for an act relating to motor vehicles, including motor vehicle enforcement, titling, and registration, the renewal of certain licenses related to selling vehicles, and motor carrier regulation, making penalties applicable, and providing effective dates. Read first time under Rule 28 and placed on calendar. Senate File 2148, by Rehberg, a bill for an act allowing persons holding interests in family farm limited liability companies, family farm limited partnerships, and family trusts holding agricultural land to file for the homestead tax credit and the family farm tax credit. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2149, by Bolkcom, a bill for an act relating to the public identification of discharge points to state waters from national pollutant discharge elimination system permit holders. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 2150, by Freeman, a bill for an act exempting certain county bridge construction projects and materials from contract bidding procedures. Read first time under Rule 28 and referred to committee on Transportation. Senate File 2151, by Judge, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Gronstal, Hammond, Hansen, Harper, Kibbie, McCoy, Shearer, Soukup, and Szymoniak, a bill for an act relating to and making appropriations from the tobacco settlement fund to the department of human services for expansion of services for persons with special needs, and providing an effective date and providing for retroactive applicability. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2152, by Judge, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hammond, Hansen, Harper, Kibbie, McCoy, Shearer, Soukup, Gronstal, and Szymoniak, a bill for an act relating to and making appropriations from the tobacco settlement fund to the Iowa department of public health for health care functions including home health care and public health nursing services, and providing an effective date and providing for retroactive applicability. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2153, by Rehberg, a bill for an act providing a child care tax credit under the individual income tax for certain families and including a retroactive applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2154, by Rehberg, a bill for an act relating to harassment via electronic communications and making penalties applicable. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 2155, by Rehberg, a bill for an act relating to on-site presence of a pipeline company representative during farmland improvements near pipelines. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 2156, by committee on Transportation, a bill for an act relating to the use of blue lights on authorized emergency vehicles. Read first time under Rule 28 and placed on calendar. Senate File 2157, by Judge, a bill for an act relating to the exemption from the use tax of the purchase of truck chassis by a licensed motor vehicle dealer for the purpose of modification and resale. Read first time under Rule 28 and referred to committee on Transportation. Senate File 2158, by committee on Commerce, a bill for an act relating to the limitation on deposits which may be held by a depository institution or holding company and establishment of a procedure for determining compliance with such limitation, providing for the Act's applicability, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2159, by Angelo, Rehberg, Boettger, and Tinsman, a bill for an act requiring the board of directors of a school district to adopt a contract with parents as part of a student promotion policy for grade three level students and providing for related matters. Read first time under Rule 28 and referred to committee on Education. Senate File 2160, by Schuerer and Boettger, a bill for an act relating to the apportionment of local option sales and services tax for school infrastructure election costs, and providing an effective date. Read first time under Rule 28 and referred to committee on Education. Senate File 2161, by Soukup, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Gronstal, Hansen, Harper, Kibbie, Judge, McCoy, Shearer, and Szymoniak, a bill for an act relating to and making an appropriation from the tobacco settlement fund to the Iowa department of public health for emergency medical services, and providing an effective date and providing for retroactive applicability. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2162, by Schuerer, Freeman, King, Miller, and Rehberg, a bill for an act relating to the establishment of a tobacco settlement endowment fund. Read first time under Rule 28 and referred to committee on Appropriations. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 106, by Dvorsky, Black, Bolkcom, Connolly, Deluhery, Fink, Flynn, Fraise, Harper, Kibbie, McCoy, Shearer, Gronstal, and Szymoniak, a concurrent resolution relating to the state board of regents five-year building program. Read first time under Rule 28 and referred to committee on Appropriations. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: H.C.R. 105 Rules and Administration H.F. 2153 Judiciary STUDY BILLS RECEIVED SSB 3130 Judiciary Relating to reclassifying certain simple misdemeanors as scheduled violations. SSB 3131 Natural Resources and Environment Relating to the scope of the well contractor certification program. SSB 3132 Transportation Relating to the vacation of roads and road rights-of-way. SSB 3133 Appropriations Relating to energy conservation including making appropriations of petroleum overcharge funds. SSB 3134 Judiciary Relating to the placement in treatment programs of offenders sentenced for operating while intoxicated violations. SSB 3135 Judiciary Relating to the civil commitment of dangerously violent persons. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 105 STATE GOVERNMENT: Drake, Chair; Dearden and Kibbie Senate File 2116 STATE GOVERNMENT: Rittmer, Chair; Kibbie and King Senate File 2117 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Schuerer Senate File 2118 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Lundby, Chair; Sexton and Soukup Senate File 2119 STATE GOVERNMENT: Lamberti, Chair; Fink and Sexton Senate File 2120 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2126 COMMERCE: Johnson, Chair; Bolkcom and Lundby Senate File 2128 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2129 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2130 WAYS AND MEANS: Johnson, Chair; Deluhery and McKibben Senate File 2134 STATE GOVERNMENT: Rittmer, Chair; Drake and Kibbie Senate File 2135 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2136 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2137 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2138 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2139 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2140 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2148 WAYS AND MEANS: Hedge, Chair; Harper and McLaren Senate File 2151 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2152 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2153 WAYS AND MEANS: Lamberti, Chair; Connolly and Johnson House File 2169 LOCAL GOVERNMENT: Zieman, Chair; Bolkcom and Gaskill SSB 3130 JUDICIARY: McKean, Chair; Hammond and Maddox SSB 3131 NATURAL RESOURCES AND ENVIRONMENT: King, Chair; Deluhery and Rife SSB 3132 TRANSPORTATION: Jensen, Chair; Judge and McKibben SSB 3133 APPROPRIATIONS: Black, Chair; Behn and Schuerer SSB 3134 JUDICIARY: McKean, Chair; Hammond and Maddox SSB 3135 JUDICIARY: McKean, Chair; Hammond and Maddox COMMITTEE REPORTS COMMERCE Final Bill Action: *SENATE FILE 2158 (SSB 3053), a bill for an act relating to the limitation on deposits which may be held by a depository institution or holding company and establishment of a procedure for determining compliance with such limitation, providing for the Act's applicability, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Jensen, Maddox, Bolkcom, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, 1: Flynn. Absent or not voting, 1: Deluhery. 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 Commerce Committee on Senate File 2158, and they were attached to the committee report. JUDICIARY Final Bill Action: SENATE FILE 2145 (SSB 3068), a bill for an act relating to the national crime prevention and privacy compact. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McKibben, Miller, and Redfern. Nays, none. Absent or not voting, 2: McCoy and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2146 (SSB 3021), a bill for an act relating to the appearance in court and the release from custody of certain criminal defendants. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: *SENATE FILE 2143 (Formerly SF 2062), a bill for an act relating to the eligibility of certain school organizations to conduct games and raffles. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rittmer, Lamberti, Kibbie, Dearden, Drake, Fink, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 4: Connolly, Deluhery, King, and McLaren. 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 State Government Committee on Senate File 2143, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2144 (SSB 3076), a bill for an act relating to regulation and inspection of health care facilities including the establishment of a quality-based inspections system. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rittmer, Lamberti, Kibbie, Dearden, Drake, Fink, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 4: Connolly, Deluhery, King, and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: *SENATE FILE 2147 (SSB 3030.1), a bill for an act relating to motor vehicles, including motor vehicle enforcement, titling, and registration, the renewal of certain licenses related to selling vehicles, and motor carrier regulation, making penalties applicable, and providing effective dates. Recommendation: APPROVED COMMITTEE BILL. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Transportation Committee on Senate File 2147, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2156 (SSB 3115), a bill for an act relating to the use of blue lights on authorized emergency vehicles. Recommendation: APPROVED COMMITTEE BILL. 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. 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: BUSINESS AND LABOR RELATIONS Elizabeth Seiser - Employment Appeal Board James Riordan - Public Employment Relations Board SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM James Davis - Small Business Advisory Council Denise Essman - Small Business Advisory Council ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:10 p.m., until 9:00 a.m., Tuesday, February 15, 2000. 252 JOURNAL OF THE SENATE 21st Day 21st Day MONDAY, FEBRUARY 14, 2000 253
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