Senate Journal: Wednesday, February 16, 2000

  THIRTY-EIGHTH CALENDAR DAY
  TWENTY-THIRD SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, February 16, 2000

  The Senate met in regular session at 9:11 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Dick Clark, pastor of
  St. Timothy's United Methodist Church of Cedar Falls, Iowa, guest of
  Senator Redfern.

  The Journal of Tuesday, February 15, 2000, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Rittmer, until he arrives, on request of Senator Jensen; and Senator
  Deluhery, until he arrives, on request of Senator Gronstal.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2158.

  Senate File 2158

  On motion of Senator Jensen, Senate File 2158, 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, was taken
  up for consideration.
  Senator Jensen 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. 2158), the vote was:

  Ayes, 43:

  Angelo	Bartz	Behn	Black
  Boettger	Connolly	Dearden	Drake
  Fink	Fraise	Freeman	Gaskill
  Gronstal	Hammond	Harper	Hedge
  Horn	Iverson	Jensen	Johnson
  Judge	Kibbie	King	Kramer
  Lamberti	Lundby	Maddox	McCoy
  McKean	McKibben	McLaren	Miller
  Redfern	Rehberg	Rife	Schuerer
  Sexton	Shearer	Soukup	Szymoniak
  Tinsman	Veenstra	Zieman	

  Nays, 5:

  Bolkcom	Dvorsky	Flynn	Hansen
  Redwine	

  Absent or not voting, 2:

  Deluhery	Rittmer			

  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 2158 be immediately messaged to the House.

  SPECIAL GUESTS

  Senator Hammond welcomed Aiddy Phomvisay and members of
  the United Lao Congress for Democracy.  The visitors are attending a
  rally on February 15, 16, and 17, 2000, on behalf of the suffering
  people in Laos.
  APPENDIX

  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:

  Ben Seibert, Waukon - For achieving the rank of Eagle Scout.  Senator Zieman
  (02/16/00).

  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate Chamber on
  February 16, 2000, when the vote was taken on Senate File 2158.  Had I been
  present,
  I would have voted "Aye."

  SHELDON RITTMER

  REPORTS OF COMMITTEE MEETINGS

  LOCAL GOVERNMENT

  Convened:  February 15, 2000, 4:07 p.m.

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

  Members Absent:  Bartz, Vice Chair; McCoy, and Rife (all excused).

  Committee Business:  Recommended confirmation of Governor's appointee.
  Subcommittee assignments.

  Adjourned:  5:02 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 16, 2000, 10:10 a.m.

  Members Present:  Redwine, Chair; Bartz, Vice Chair; and Sexton.

  Members Absent:  McCoy, Ranking Member; and Flynn (both excused).

  Committee Business:  Reviewed funding requests from state departments.

  Adjourned:  11:25 a.m.
  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 16, 2000, 10:00 a.m.

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

  Members Absent:  Black, Ranking Member (excused).

  Committee Business:  Presentation on water contamination by ISU.

  Adjourned:  10:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 16, 2000, 10:00 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations on information technology by Dept. of
  Economic
  Development and Iowa Workforce Development.

  Adjourned:  11:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 16, 2000, 10:05 a.m.

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

  Members Absent:  McLaren (excused).

  Committee Business:  Special schools discussed their budgets.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 16, 2000, 10:25 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations on civil commitment unit for sexual
  offenders
  and Medicaid pharmaceutical expenditures.
  Adjourned:  12:07 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 16, 2000, 10:05 a.m.

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

  Members Absent:  None.

  Committee Business:  FY 2001 budget presentation by judicial branch.

  Adjourned:  11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 16, 2000, 10:02 a.m.

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

  Members Absent:  Deluhery, Ranking Member; and Rittmer (both excused).

  Committee Business: Presentations on information technology by Dept. of
  Economic
  Development and Iowa Workforce Development.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 16, 2000, 10:05 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations by Commission of Veterans Affairs and
  Board of
  Regents.  Proposed transportation appropriations bill failed to pass.

  Adjourned:  11:40 a.m.

  AGRICULTURE

  Convened:  February 16, 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:  Recommended confirmation of Governor's appointees.
  Subcommittee assignment.  Presentations by Iowa Cattleman's Association and
  Ozone
  Solutions.

  Adjourned:  8:57 a.m.

  EDUCATION

  Convened:  February 16, 2000, 1:02 p.m.

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

  Members Absent:  Shearer and Tinsman (both excused).

  Committee Business:  Presentation by State Fire Marshal.  Subcommittee
  assignments.  Passed HFs 2145 and 2146 (Rule 40).

  Adjourned:  1:37 p.m.

  HUMAN RESOURCES

  Convened:  February 16, 2000, 2:27 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer,
  and
  Veenstra.

  Members Absent:  Tinsman (excused).

  Committee Business:  Approved SSB 3159, as amended, and SSB 3098.

  Adjourned:  3:00 p.m.

  TRANSPORTATION

  Convened:  February 16, 2000, 2:04 p.m.

  Members Present:  Drake, Chair; Sexton, Vice Chair; Fink, Fraise, Freeman,
  Jensen,
  Judge, Kibbie, McKean, Rittmer, and Zieman.

  Members Absent:  McCoy, Ranking Member; and McKibben (both excused).

  Committee Business:  Approved SSB 3132.

  Adjourned:  2:36 p.m.
  INTRODUCTION OF RESOLUTION

  Senate Resolution 107, by committee on State Government, a
  resolution supporting the placement of additional federal production
  work at, and continued utilization of, the Rock Island Arsenal.

  Read first time under Rule 28 and placed on calendar.

  INTRODUCTION OF BILLS

  Senate File 2180, by committee on State Government, a bill for
  an act relating to authorized representations regarding the practice
  of physical therapy and physiotherapy and providing a penalty.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2181, by Connolly, Black, Bolkcom, Dearden,
  Deluhery, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Hammond,
  Kibbie, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a
  bill for an act establishing a career opportunities and resources for
  education grant program to be administered by the college student
  aid commission and making an appropriation.

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

  Senate File 2182, by Kibbie, a bill for an act requiring that a
  person who owns or controls animals under a production contract is
  liable for civil penalties arising out of violations of the terms and
  conditions of a manure management plan submitted by the owner of
  a confinement feeding operation in which the animals are fed.

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

  Senate File 2183, by Bolkcom and Hammond, a bill for an act
  relating to collecting and disseminating information concerning
  motor vehicle stops.

  Read first time under Rule 28 and referred to committee on
  Transportation.
  Senate File 2184, by Lundby, a bill for an act relating to the
  disclosure of certain information by a postsecondary education
  institution to the parent or guardian of a student.

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

  Senate File 2185, by Kibbie, a bill for an act establishing a fund
  to support actions by the attorney general's office relating to
  agricultural anticompetitive practices and providing for an
  appropriation.

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

  Senate File 2186, by McKibben and Hammond, a bill for an act
  providing for limitations on investments by city hospitals.

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

  Senate File 2187, by Gronstal, Harper, Soukup, Hammond,
  Bolkcom, Dvorsky, Deluhery, Shearer, Kibbie, and Szymoniak, a bill
  for an act establishing a career opportunities and resources for
  education grant program to be administered by the college student
  aid commission and making a standing appropriation.

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

  Senate File 2188, by Kibbie, Black, Bolkcom, Connolly, Dearden,
  Deluhery, Dvorsky, Fink, Flynn, Fraise, Hammond, Harper, McCoy,
  Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act
  relating to programs for at-risk children and making an
  appropriation.

  Read first time under Rule 28 and referred to committee on
  Education.
  Senate File 2189, by Kibbie, a bill for an act restricting sales
  charges associated with the genetic modification of seeds and making
  a penalty applicable.

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

  Senate File 2190, by Flynn, Bolkcom, Connolly, Deluhery,
  Dvorsky, Fink, Fraise, Harper, Kibbie, McCoy, Shearer, Soukup,
  Gronstal, and Szymoniak, a bill for an act requiring a gun-locking
  device to be made available and the related information to be posted
  in connection with the retail sale of a firearm, and providing
  penalties.

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

  Senate File 2191, by Kibbie, a bill for an act relating to an Iowa
  agricultural industry finance corporation by providing for voting by
  members.

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

  Senate File 2192, by King, a bill for an act relating to the
  distribution of tax revenues from the local option school
  infrastructure sales and services tax collected in a county and
  providing an effective and applicability date provision.

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

  Senate File 2193, by committee on Human Resources, a bill for
  an act relating to the establishment of a senior living program,
  including the creation of a senior living trust fund, providing for the
  development and provision of senior living program information and
  electronic access, providing for a caregiver support and education
  program, providing for a senior living insurance policy and incentives
  study, providing for allocation of the moneys in the senior living trust
  fund, making appropriations, and providing an effective date, and
  providing for retroactive applicability.
  Read first time under Rule 28 and placed on calendar.

  Senate File 2194, by committee on Transportation, a bill for an
  act relating to the vacation of roads and road rights-of-way.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2195, by committee on Human Resources, a bill for
  an act relating to the healthy and well kids in Iowa program.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 3157	Education

  Relating to the college student aid commission's membership,
  duties, and authority, and related federal employment reports.

  SSB 3158	Human Resources

  Relating to communicable and infectious diseases and providing
  penalties.

  SSB 3159	Human Resources

  Relating to the establishment of a senior living program, including
  the creation of a senior living trust fund, providing for the
  development and provision of senior living program information and
  electronic access, providing for a caregiver support and education
  program, providing for a senior living insurance policy and incentives
  study, providing for allocation of the moneys in the senior living trust
  fund, making appropriations, and providing an effective date, and
  providing for retroactive applicability.

  SSB 3160	Human Resources

  Relating to the use of moneys in the anatomical gift public
  awareness and transplantation fund.
  SSB 3161	Judiciary

  Relating to the crimes of burglary and forgery.

  SSB 3162	Commerce

  Relating to the operation and regulation of insurance companies,
  mutual insurance association, benevolent associations, health
  maintenance organization, and other insurance or risk-assuming
  entities, including the rights and duties of such entities and the
  powers and authority of the insurance commissioner.

  SSB 3163	Commerce

  Relating to the services provided by a credit union service
  organization.

  SSB 3164	Education

  Eliminating the future repeal of the school finance formula and
  providing for periodic legislative review.

  SSB 3165	Education

  Relating to the establishment and funding of data management
  systems by school districts.

  SSB 3166	Education

  Relating to the use of school improvement technology program and
  school improvement technology block grant program moneys by
  school districts and area education agencies to employ or contract
  with information technology specialists.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2086
  (Reassignment)

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and Maddox

  Senate File 2115

  STATE GOVERNMENT:  Drake, Chair; Connolly and Schuerer
  Senate File 2166

  WAYS AND MEANS:  Johnson, Chair; Harper and McLaren

  Senate File 2168

  HUMAN RESOURCES:  Boettger, Chair; Bartz and Szymoniak

  Senate File 2169

  HUMAN RESOURCES:  Boettger, Chair; Behn and Szymoniak

  Senate File 2170

  WAYS AND MEANS:  McLaren, Chair; Deluhery and Lamberti

  Senate File 2173

  APPROPRIATIONS:  Kramer, Chair; Bolkcom, Hammond, Rife, and Tinsman

  Senate File 2175

  COMMERCE:  Schuerer, Chair; Flynn and Jensen

  Senate File 2186

  WAYS AND MEANS:  McKibben, Chair; Bartz and Soukup

  SSB 3157

  EDUCATION:  Veenstra, Chair; Boettger and Szymoniak

  SSB 3158

  HUMAN RESOURCES:  Redwine, Chair; Boettger and Shearer

  SSB 3159

  HUMAN RESOURCES:  Boettger, Chair; Dvorsky, Szymoniak, Tinsman, and Veenstra

  SSB 3160

  HUMAN RESOURCES:  Boettger, Chair; Harper and Redwine

  SSB 3161

  JUDICIARY:  McKean, Chair; Hammond and Miller

  SSB 3162

  COMMERCE:  Gronstal, Chair; Jensen and Redwine
  SSB 3163

  COMMERCE:  Johnson, Chair; Gronstal and Lamberti

  SSB 3164

  EDUCATION:  Redfern, Chair; Connolly and Rehberg

  SSB 3165

  EDUCATION:  Tinsman, Chair; Harper and Rehberg

  SSB 3166

  EDUCATION:  Veenstra, Chair; Boettger and Dvorsky

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, and Veenstra.  Nays, none.  Absent or not
  voting, 3:
  Shearer, Szymoniak, and Tinsman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, and Veenstra.  Nays, none.  Absent or not
  voting, 3:
  Shearer, Szymoniak, and Tinsman.

  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 Education Committee on House File 2146, and
  they
  were attached to the committee report.
  HUMAN RESOURCES

  Final Bill Action:  *SENATE FILE 2193 (SSB 3159), a bill for an act relating
  to the
  establishment of a senior living program, including the creation of a senior
  living trust
  fund, providing for the development and provision of senior living program
  information
  and electronic access, providing for a caregiver support and education
  program,
  providing for a senior living insurance policy and incentives study,
  providing for
  allocation of the moneys in the senior living trust fund, making
  appropriations, and
  providing an effective date, and providing for retroactive applicability.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Miller, Schuerer, Shearer, and Veenstra.  Nays, none.
  Absent or
  not voting, 1:  Tinsman.

  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 Human Resources Committee on Senate File 2193,
  and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  SENATE FILE 2195 (SSB 3098), a bill for an act relating
  to the
  healthy and well kids in Iowa program.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky,
  Hammond, Harper, Miller, Schuerer, Shearer, and Veenstra.  Nays, none.
  Absent or
  not voting, 1:  Tinsman

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  *SENATE RESOLUTION 107, a resolution supporting the
  placement of additional federal production work at, and continued
  utilization of, the
  Rock Island Arsenal.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Rittmer, Lamberti, Kibbie, Dearden, Deluhery, Drake,
  Fink,
  King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak.  Nays, none.  Absent
  or not
  voting, 2:  Connolly 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
  Resolution 107,
  and they were attached to the committee report.
  ALSO:

  Final Bill Action:  *SENATE FILE 2180 (SSB 3059), a bill for an act relating
  to
  authorized representations regarding the practice of physical therapy and
  physiotherapy and providing a penalty.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Rittmer, Lamberti, Kibbie, Dearden, Drake, Fink,
  King,
  Lundby, Maddox, and Szymoniak.  Nays, 3:  Deluhery, Schuerer, and Sexton.
  Absent
  or not voting, 2:  Connolly 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
  2180, and
  they were attached to the committee report.

  TRANSPORTATION

  Final Bill Action:  SENATE FILE 2194 (SSB 3132), a bill for an act relating
  to the
  vacation of roads and road rights-of-way.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Drake, Sexton, Fink, Fraise, Freeman, Jensen, Judge,
  Kibbie,
  McKean, Rittmer, and Zieman.  Nays, none.  Absent or not voting, 2:  McCoy
  and
  McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  GOVERNOR'S APPOINTEE PLACED
  ON EN BLOC CALENDAR

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

  LOCAL GOVERNMENT

  Richard Heidloff -  County Finance Committee

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:52 a.m.,
  until 9:00 a.m., Thursday, February 17, 2000.
  290	JOURNAL OF THE SENATE	23rd Day
  23rd Day	WEDNESDAY, FEBRUARY 16, 2000	289

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