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THIRTY-SEVENTH CALENDAR DAY TWENTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 15, 2000 The Senate met in regular session at 9:06 a.m., President Kramer presiding. Prayer was offered by Father Stephen Page, pastor of St. Mary's Catholic Church of Fairfield, Iowa, guest of Senator Miller. The Journal of Monday, February 14, 2000, was approved. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on February 14, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2173, a bill for an act providing for inheritance by great-grandparents, great-aunts and uncles, and second cousins of intestate decedents. Read first time and referred to committee on Judiciary. RECESS On motion of Senator Hedge, the Senate recessed at 9:11 a.m., until 1:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: February 14, 2000, 4:41 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: None. Committee Business: Recommended confirmation of Governor's appointees. Passed SF 2126. Adjourned: 5:10 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 15, 2000, 9:40 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink, and Gaskill. Members Absent: None. Committee Business: Presentations by State Veterinarian and DNR. Adjourned: 10:05 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 15, 2000, 9:45 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Judge, and Lamberti. Members Absent: None. Committee Business: Presentation by LFB. Adjourned: 10:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 15, 2000, 9:40 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: University of Iowa discussed their budget. Adjourned: 11:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: February 15, 2000, 9:40 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson, and Shearer. Members Absent: None. Committee Business: Presentations by the Dept. of Education and Dept. for the Blind. Adjourned: 10:20 a.m. RULES AND ADMINISTRATION Convened: February 15, 2000, 9:13 a.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Fink, Harper, Lundby, Rehberg, and Rittmer. Members Absent: Gronstal, Ranking Member; Dvorsky, Jensen, and Redfern (all excused). Committee Business: Passed HCR 108 and SR 106. Adjourned: 9:14 a.m. Adjourned: INTRODUCTION OF RESOLUTION Senate Resolution 106, by committee on Rules and Administration, a resolution relating to gubernatorial appointments and other appointments requiring Senate confirmation. Read first time under Rule 28 and placed on calendar. INTRODUCTION OF BILLS Senate File 2163, by committee on Education, 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 under Rule 28 and placed on calendar. Senate File 2164, by committee on Transportation, a bill for an act relating to expenditure of primary road fund moneys for dust control on certain municipal streets. Read first time under Rule 28 and placed on calendar. Senate File 2165, by Miller, a bill for an act relating to assessment and valuation of property for property tax purposes by removing assessment limitations for all classes of property, providing for a reduction in actual value for certain classes of property, requiring cost replacement valuation for certain residential property, and providing an applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. SUBCOMMITTEE ASSIGNMENTS House Concurrent Resolution 106 HUMAN RESOURCES: Tinsman, Chair; Hammond and Veenstra Senate File 2123 HUMAN RESOURCES: Tinsman, Chair; Hammond and Veenstra Senate File 2124 HUMAN RESOURCES: Schuerer, Chair; Hammond and Tinsman Senate File 2125 HUMAN RESOURCES: Harper, Chair; Bartz and Redwine Senate File 2131 HUMAN RESOURCES: Boettger, Chair; Dvorsky and Tinsman Senate File 2132 STATE GOVERNMENT: King, Chair; Connolly and Sexton Senate File 2149 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Bolkcom and King Senate File 2154 JUDICIARY: Redfern, Chair; Dvorsky and McKean House File 2136 JUDICIARY: Hansen, Chair; Lamberti and Maddox House File 2153 JUDICIARY: Fraise, Chair; McKibben and Miller House File 2168 JUDICIARY: Lamberti, Chair; Horn and McKibben House File 2170 JUDICIARY: McKibben, Chair; Hammond and McKean COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 2126, a bill for an act relating to third-party payment of health care coverage costs for prescription contraceptive drugs, devices, and services. Recommendation: DO PASS. Final Vote: Ayes, 9: Jensen, Maddox, Deluhery, Bolkcom, Gronstal, Hansen, Johnson, Lundby, and McCoy. Nays, 6: Flynn, King, Lamberti, Redfern, Redwine, and Schuerer. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: SENATE FILE 2163 (SSB 3111), a bill for an act providing for the utilization of budget enrollment in determining gifted and talented program funding, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Redfern, Rehberg, Connolly, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Absent or not voting, 2: Angelo and Boettger. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 106, a resolution relating to gubernatorial appointments and other appointments requiring Senate confirmation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Iverson, Kramer, Fink, Harper, Lundby, Rehberg, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Dvorsky, Jensen, and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: 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. Recommendation: DO PASS. Final Vote: Ayes, 7: Iverson, Kramer, Fink, Harper, Lundby, Rehberg, and Rittmer. Nays, none. Absent or not voting, 4: Gronstal, Dvorsky, Jensen, and Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 2164 (Formerly SF 2001), a bill for an act relating to expenditure of primary road fund moneys for dust control on certain municipal streets. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, KcKibben, Rittmer, and Zieman. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 1:13 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 37 present, 13 absent, and a quorum present. CONSIDERATION OF RESOLUTIONS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 106 and House Concurrent Resolution 108. Senate Resolution 106 On motion of Senator Iverson, Senate Resolution 106, a resolution relating to gubernatorial appointments and other appointments requiring Senate confirmation, was taken up for consideration. Senator Iverson moved the adoption of Senate Resolution 106, which motion prevailed by a voice vote. House Concurrent Resolution 108 On motion of Senator Drake, 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, with report of committee recommending passage, was taken up for consideration. Senator Drake moved the adoption of House Concurrent Resolution 108, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House Concurrent Resolution 108 be immediately messaged to the House. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 15, 2000, 9:45 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller, and Szymoniak. Members Absent: None. Committee Business: Presentations on Children's Health Insurance Program, certified nurse aides, and long-term care. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 15, 2000, 9:50 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; and Fraise. Members Absent: McKean (excused). Committee Business: Presentation by Dept. of Corrections and judicial branch. Adjourned: 11:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 15, 2000, 9:45 a.m. Members Present: King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member; and Harper. Members Absent: Rittmer (excused). Committee Business: Discussion concerning the Information Technology Dept. budget. Adjourned: 10:20 a.m. JUDICIARY Convened: February 15, 2000, 3:08 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Members Absent: None. Committee Business: Recommended confirmation of Governor's appointee. Subcommittee assignments. Passed SFs 2052 and 2078. Approved SSBs 3067 and 3070, as amended. Adjourned: 3:34 p.m. STATE GOVERNMENT Convened: February 15, 2000, 11:38 a.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Members Absent: Connolly (excused). Committee Business: Recommended confirmation of Governor's appointees. Approved SSB 3059, Rule 40. Passed SR 10, Rule 40. Adjourned: 12:08 p.m. INTRODUCTION OF BILLS Senate File 2166, by Schuerer, a bill for an act relating to the classification for property tax purposes of mobile home parks and land-leased manufactured home communities. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2167, by Miller, a bill for an act relating to competitive bidding for construction or relocation of state buildings and offices. Read first time under Rule 28 and referred to committee on State Government. Senate File 2168, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Hammond, Kibbie, McCoy, Shearer, Soukup, Judge, and Szymoniak, a bill for an act relating to juvenile crime prevention programs and youth development grant fund requirements and providing an effective date. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 2169, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Hammond, Kibbie, McCoy, Shearer, Soukup, Judge, Horn, and Gronstal, a bill for an act relating to the establishment of a long-term care program, including the creation of a long-term care trust fund, providing for appropriation of the moneys in the fund, and making appropriations. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 2170, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, and Gronstal, a bill for an act relating to the increase in the pension and retirement income deduction under the individual income tax and including an effective and retroactive applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2171, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fraise, Hansen, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, 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, and at-risk programs, and providing an effective date. Read first time under Rule 28 and referred to committee on Education. Senate File 2172, by Deluhery, Harper, Hammond, Bolkcom, Shearer, Kibbie, Gronstal, and Szymoniak, a bill for an act providing for character education through service learning incentive grants for school districts and making an appropriation. Read first time under Rule 28 and referred to committee on Education. Senate File 2173, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Gronstal, Hammond, Hansen, Harper, Judge, Kibbie, McCoy, Shearer, Soukup, and Szymoniak, a bill for an act relating to and making an appropriation from the tobacco settlement fund to the department of human services for expansion of supportive employment, and providing an effective date and providing for retroactive applicability. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2174, by Shearer, a bill for an act removing the exemption for the sale or purchase of goods ordered through a contractual plan or arrangement from regulations relating to prize promotions. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 2175, by Schuerer, a bill for an act providing for the establishment of a bank office in certain unincorporated areas. Read first time under Rule 28 and referred to committee on Commerce. Senate File 2176, by Angelo, a bill for an act providing for the free association of contract producers of agricultural commodities and providing a penalty. Read first time under Rule 28 and referred to committee on Agriculture. Senate File 2177, by Shearer, a bill for an act relating to reports of assault and sexual abuse occurring on community college and university campuses. Read first time under Rule 28 and referred to committee on Education. Senate File 2178, by Gaskill, Behn, Rehberg, Bartz, McKibben, Schuerer, Angelo, and Redwine, a bill for an act relating to sales tax exemptions for equipment and electricity used in certain activities related to agriculture, providing an effective date, and making provisions retroactively applicable. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2179, by Lamberti, Schuerer, Behn, and Rife, a bill for an act relating to revocations of driver's licenses for an operating while intoxicated offense. Read first time under Rule 28 and referred to committee on Judiciary. STUDY BILLS RECEIVED SSB 3136 Transportation Relating to the regulation of certain low-speed vehicles and making a penalty applicable. SSB 3137 Commerce Relating to entities and subject matter under the regulatory authority of the insurance division, including motor vehicle service contracts, securities, business opportunities, residential service contracts, retirement care contracts, transfer on death probate provisions; and establishing penalties and making penalties applicable. SSB 3138 State Government Relating to licensure requirements for physician assistants and providing an effective date. SSB 3139 Natural Resources and Environment A Senate Concurrent Resolution to request that the Congress of the United States maintain its commitment to clean air and the ethanol industry, by maintaining the oxygenate requirement in the federal Clean Air Act that promotes the use of ethanol in reformulated gasoline, and urging the United States Environmental Protection Agency to resist California's attempt to waive the oxygenate requirement in that state. SSB 3140 State Government Relating to electronic filing and disclosure of campaign finance disclosure reports, to disclosure and reporting of certain contributor information, and to extension of the campaign finance commission. SSB 3141 State Government Providing for the appointment of the director of the department of commerce. SSB 3142 State Government Relating to the terms "registered voter", "eligible elector", and "qualified voter" for purposes of elections, voter registration, statutory petition requirements, absentee voting by armed forces, and drainage district elections. SSB 3143 State Government Relating to the administration of state government, including state purchasing and capitol complex issues, extending the time period for use of an appropriation, and providing an effective date. SSB 3144 State Government Relating to campaign finance law and providing penalties. SSB 3145 Local Government Relating to certain county officers' duties relating to property transfer instruments, records of fees paid to a county, notice of certification of utility liens, and notice of mobile homes departing and entering mobile home parks. SSB 3146 Local Government Striking a mandatory leave of absence of a civil service officer or employee, or a deputy sheriff who is a candidate for partisan public office, and providing an effective date. SSB 3147 Local Government Providing for county agricultural extension councils use of moneys in the county agricultural extension education fund. SSB 3148 Transportation Relating to motor vehicles, including driver licensing, the use of child restraints and safety belts for children, and the designation of vehicles as authorized emergency vehicles, and making a penalty applicable. SSB 3149 Judiciary Relating to the appointment and dismissal of a marshal or chief of police under a mayor-council form of city government. SSB 3150 Judiciary Relating to civil actions by limiting the use of evidence regarding the failure to wear a safety belt; providing for offers of settlement; providing for recovery of prejudgment interest in relation to an offer to confess judgment; providing immunity due to misuse, failure to maintain, or alteration of a product; limiting the admissibility of expert testimony; limiting certain multiple or exemplary awards; and including an applicability provision. SSB 3151 Judiciary Relating to sales and possession of pistols and revolvers, by requiring a gun-locking device to be provided, related information to be posted in connection with the retail sale of a pistol or revolver, and providing penalties for possession of pistols or revolvers by persons under twenty-one years of age. SSB 3152 Judiciary Relating to cigarettes and tobacco products and providing penalties. SSB 3153 Judiciary Relating to collateral security for the purpose of entitlement to a mechanic's lien. SSB 3154 Human Resources Providing registration requirements for direct entry midwives and establishing a midwifery advisory council. SSB 3155 Transportation Relating to the motor vehicle lemon law, and making an administrative fine applicable. SSB 3156 Commerce Relating to the creation of a real estate improvement. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 106 APPROPRIATIONS: Hedge, Chair; Bolkcom, Connolly, Jensen, and King Senate File 2133 TRANSPORTATION: Drake, Chair; Judge and Sexton Senate File 2150 TRANSPORTATION: Drake, Chair; Jensen and McCoy Senate File 2157 TRANSPORTATION: Drake, Chair; Jensen and McCoy Senate File 2159 EDUCATION: Angelo, Chair; Rehberg and Shearer Senate File 2160 EDUCATION: Redfern, Chair; Boettger and Harper Senate File 2161 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2162 APPROPRIATIONS: Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman Senate File 2165 WAYS AND MEANS: McLaren, Chair; Connolly and Johnson House File 2146 EDUCATION: Sexton, Chair; Harper and Veenstra SSB 3136 TRANSPORTATION: Freeman, Chair; Judge and Sexton SSB 3137 COMMERCE: King, Chair; Gronstal and Schuerer SSB 3138 STATE GOVERNMENT: Maddox, Chair; Kibbie and Rittmer SSB 3139 NATURAL RESOURCES AND ENVIRONMENT: Gaskill, Chair; Kibbie and Rife SSB 3140 STATE GOVERNMENT: Rittmer, Chair; Dearden and Lamberti SSB 3141 STATE GOVERNMENT: Drake, Chair; Connolly and Schuerer SSB 3142 STATE GOVERNMENT: Fink, Chair; Drake and King SSB 3143 STATE GOVERNMENT: Sexton, Chair; Deluhery and Schuerer SSB 3144 STATE GOVERNMENT: Lamberti, Chair; Connolly and King SSB 3145 LOCAL GOVERNMENT: Fraise, Chair; Bartz and Zieman SSB 3146 LOCAL GOVERNMENT: Angelo, Chair; Bartz and Bolkcom SSB 3147 LOCAL GOVERNMENT: Hammond, Chair; Gaskill and Miller SSB 3148 TRANSPORTATION: McKean, Chair; Fraise and McKibben SSB 3149 JUDICIARY: Angelo, Chair; Maddox and McCoy SSB 3150 JUDICIARY: McKibben, Chair; Hansen and Lamberti SSB 3151 JUDICIARY: Boettger, Chair; Hammond and Maddox SSB 3152 JUDICIARY: Boettger, Chair; Hammond and Redfern SSB 3153 JUDICIARY: Lamberti, Chair; Fraise and McKibben SSB 3154 HUMAN RESOURCES: Redwine, Chair; Boettger and Hammond SSB 3155 TRANSPORTATION: Drake, Chair; Jensen and McCoy SSB 3156 COMMERCE: Jensen, Chair; Flynn and Redfern COMMITTEE REPORTS JUDICIARY Final Bill Action: SENATE FILE 2052, a bill for an act relating to the value of property or services obtained through the criminal offense of fraudulent use of a credit card. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2078, a bill for an act relating to the definition of theft. Recommendation: DO PASS. Final Vote: Ayes, 15: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. GOVERNOR'S APPOINTEES PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointees, assigned to standing committees for investigation, were placed on the Individual Confirmation Calendar with recommendations for confirmation: JUDICIARY Corlis S. Moody - Director of the Iowa State Civil Rights Commission STATE GOVERNMENT Kathleen H. Chapman - Administrator of Professional Licensing and Regulation 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: COMMERCE Barbara Oliver Hall - Credit Union Review Board Mitchell Taylor - Title Guaranty Division Board STATE GOVERNMENT Patsy Hastings - Board of Chiropractic Examiners Dean Banowetz - Board of Cosmetology Arts and Sciences Examiners Suzan Stewart - Board of Dental Examiners Lillie Perry - Landscape Architectural Examining Board Mary Junge - Lottery Board Curtis Reynolds - Board of Medical Examiners Robert Campbell - Board of Nursing Examiners Pauline Taylor - Board of Nursing Examiners Theodore Peterson - Board of Physical and Occupational Therapy Examiners Henrietta Scholten - Board of Physical and Occupational Therapy Examiners Amy Love - State Board for Respiratory Care Monsignor W. Robert Schmidt - Board of Social Work Examiners AMENDMENT FILED S-5010 S.F. 2051 Gene Maddox ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 1:26 p.m., until 9:00 a.m., Wednesday, February 16, 2000. 270 JOURNAL OF THE SENATE 22nd Day 22nd Day TUESDAY, FEBRUARY 15, 2000 269
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