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Senate Journal: Thursday, February 17, 2000

  THIRTY-NINTH CALENDAR DAY
  TWENTY-FOURTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, February 17, 2000

  The Senate met in regular session at 9:20 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Beverly Bell, pastor of the
  United Methodist Church of Slater and Sheldahl, Iowa, guest of
  Senator Hammond.

  The Journal of Wednesday, February 16, 2000, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Lamberti, until he arrives, on request of Senator Boettger; Senator
  Fraise,
  until he arrives, on request of Senator Gronstal; and Senators Lundby and
  Rife, until
  they arrive, on request of Senator Iverson.

  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  Senate File 2193 be referred from the Regular Calendar to the
  committee on Appropriations.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:31 a.m. for
  the purpose of an Appropriations committee meeting.

  The Senate reconvened at 9:45 a.m., President Kramer presiding.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2147.

  Senate File 2147

  On motion of Senator Sexton, Senate File 2147, 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, was taken up for
  consideration.

  Senator Sexton offered amendment S-5012, filed by Senators
  Sexton, et al. from the floor, to pages 9 and 13 of the bill and moved
  its adoption.

  Amendment S-5012 was adopted by a voice vote.

  Senator Sexton 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. 2147), the vote was:

  Ayes, 46:

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

  Nays, none.
  Absent or not voting, 4:

  Fraise	Hansen	Lundby	Rife	

  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 2147 be immediately messaged to the House.

  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 16, 2000, passed the following bill in which the
  concurrence
  of the Senate is asked:

  House File 2080, a bill for an act relating to third-party payment
  of health care coverage costs for biologically based mental illness
  treatment services.

  Read first time and referred to committee on Human Resources.

  ALSO:  That the House has on February 16, 2000, amended and passed the
  following bill in which the concurrence of the House was asked:

  Senate File 2031, a bill for an act relating to violations of the sex
  offender registry requirements and providing an effective date. (S-5011)

  ALSO:  That the House has on February 17, 2000, passed the following bills
  in
  which the concurrence of the Senate is asked:

  House File 2172, a bill for an act relating to polygraph
  examinations of applicants for certain law enforcement or
  correctional facility positions.

  Read first time and referred to committee on Judiciary.
  House File 2198, a bill for an act directing the department of
  education to conduct a feasibility study of reorganization and sharing
  incentives for school districts.

  Read first time and referred to committee on Education.

  ALSO:  That the House has on February 17, 2000, concurred in the Senate
  amendment and passed the following bill in which the concurrence of the
  House was
  asked:

  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.
  APPENDIX

  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."

  PATRICK J. DELUHERY

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  February 16, 2000, 3:10 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.
  Approved SSB 3126.

  Adjourned:  5:10 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND
  NATURAL RESOURCES

  Convened:  February 17, 2000, 10:25 a.m.

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

  Members Absent:  Black, Ranking Member (excused).

  Committee Business:  Presentation by DNR.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 17, 2000, 10:30 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations by the Iowa Finance Authority, the Title
  Guarantee Division, and the Iowa Coalition for Housing and the Homeless.
  Adjourned:  12:00 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 17, 2000, 10:27 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations on child abuse by DHS, Prevent Child
  Abuse
  Iowa, and the State Ombudsman.

  Adjourned:  12:00 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 17, 2000, 10:30 a.m.

  Members Present:  King, Chair; Deluhery, Ranking Member; and Harper.

  Members Absent:  Lundby, Vice Chair; and Rittmer (both excused).

  Committee Business:  Discussion of proposed ITD bill.

  Adjourned:  11:20 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 17, 2000, 10:45 a.m.

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

  Members Absent:  Connolly, Ranking Member (excused).

  Committee Business:  Presentations by Dept. of Public Safety and Dept. of
  Public
  Health.  Proposed transportation appropriations bill passed.

  Adjourned:  11:20 a.m.

  APPROPRIATIONS

  Convened:  February 17, 2000, 9:36 a.m.

  Members Present:  McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge,
  Horn, Jensen, Johnson, King, McCoy, Redwine, Rehberg, Schuerer, Soukup, and
  Tinsman.
  Members Absent:  Lamberti, Maddox, and Rife (all excused).

  Committee Business:  Passed SF 2193.

  Adjourned:  9:42 a.m.

  JUDICIARY

  Convened:  February 17, 2000, 11:39 a.m.

  Members Present:  McKean, Chair; Lamberti, Vice Chair; Angelo, Boettger,
  Dvorsky,
  Hammond, Horn, Maddox, McKibben, Miller, and Redfern.

  Members Absent:  Hansen, Ranking Member; Fraise, McCoy, and Tinsman (all
  excused).

  Committee Business:  Subcommittee assignments.  Passed HF 723, as amended,
  and
  SF 2099.

  Adjourned:  12:36 p.m.

  LOCAL GOVERNMENT

  Convened:  February 17, 2000, 2:37 p.m.

  Members Present:  Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member;
  Fraise, Gaskill, Judge, McCoy, McKibben, and Miller.

  Members Absent:  Hammond, McKean, Rife, and Zieman (all excused).

  Committee Business:  Subcommittee assignment.  Approved SSBs 3108 (Rule 40)
  and 3146.

  Adjourned:  3:03 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 17, 2000, 1:02 p.m.

  Members Present:  Bartz, Chair; King, Vice Chair; Fink, Ranking Member;
  Black,
  Bolkcom, Dearden, Deluhery, Freeman, Gaskill, Johnson, Kibbie, Miller, and
  Rehberg.

  Members Absent:  Drake and Rife (both excused).

  Committee Business:  Recommended confirmation of Governor's appointees.
  Passed
  SF 2155, as amended.

  Adjourned:  2:25 p.m.

  WAYS AND MEANS

  Convened:  February 17, 2000, 8:50 a.m.
  Members Present:  Johnson, Chair; Harper, Ranking Member, Bartz, Drake,
  Hedge,
  Maddox, McLaren, Redwine, and Soukup.

  Members Absent:  McKibben, Vice Chair; Bolkcom, Connolly, Deluhery, Flynn,
  and
  Lamberti (all excused).

  Committee Business:  Recommended confirmation of Governor's appointee.

  Adjourned:  8:55 a.m.

  INTRODUCTION OF BILLS

  Senate File 2196, by Rehberg, a bill for an act requiring school
  districts that employ individuals to coach cheerleading to employ only
  those individuals who possess a coaching authorization or
  endorsement.

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

  Senate File 2197, by Gronstal, Black, Bolkcom, Connolly,
  Dearden, Deluhery, Dvorsky, Fink, Fraise, Hansen, Hammond,
  Harper, Kibbie, McCoy, Shearer, Soukup, Szymoniak, and Judge, a
  bill for an act relating to cigarettes and tobacco products and
  providing penalties.

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

  Senate File 2198, by Kibbie, Black, Bolkcom, Connolly, Dearden,
  Deluhery, Dvorsky, Fink, Fraise, Hansen, Harper, McCoy, Shearer,
  Soukup, and Szymoniak, a bill for an act relating to confinement
  feeding operations, by providing that contractors are liable for civil
  penalties arising out of violations committed by contract producers.

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

  Senate File 2199, by Kibbie, a bill for an act regulating the siting
  of confinement feeding operations by counties.

  Read first time under Rule 28 and referred to committee on State
  Government.
  Senate File 2200, by committee on Commerce, a bill for an act
  providing for the establishment of protected cells by domestic
  insurers.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2201, by Boettger, a bill for an act relating to the
  distress criteria of the enterprise zone program and providing an
  effective date.

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

  Senate File 2202, by Shearer, Fraise, Horn, Soukup, Bolkcom,
  Judge, and Dvorsky, a bill for an act providing a line of duty death
  benefit under the municipal fire and police retirement system and
  including a retroactive applicability provision and effective date.

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

  Senate File 2203, by Maddox, Lundby, Redfern, Gronstal, and
  Johnson, a bill for an act to allow the assignment of benefits under an
  insurance policy or contract, or health benefit plan to the provider of
  health care services.

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

  Senate File 2204, by Tinsman, a bill for an act encouraging
  school districts to establish volunteer programs that utilize retired
  teachers and administrators as volunteer mentors and aides.

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

  Senate File 2205, by Rehberg, a bill for an act relating to the use
  of artificial light while hunting and subjecting violators to an existing
  penalty.
  Read first time under Rule 28 and referred to committee on
  Natural Resources and Environment.

  Senate File 2206, by Judge, a bill for an act allowing the state
  department of transportation to charge reasonable fees to certain
  persons for copies of photographic records.

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

  Senate File 2207, by Connolly, a bill for an act creating a
  Mississippi river blufflands development and conservation authority
  and providing for its membership, powers and duties, and funding.

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

  Senate File 2208, by King, a bill for an act relating to the
  development and use of a distribution formula by the Iowa state
  university of science and technology in conjunction with the
  department of revenue and finance for revenues collected from the
  local sales and services tax for school infrastructure purposes and
  including an effective date.

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

  Senate File 2209, by Tinsman, a bill for an act relating to the use
  of automated external defibrillators in connection with the provision
  of emergency medical care.

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

  Senate File 2210, by Szymoniak and Rife, a bill for an act
  relating to the establishment of an equine medication review
  committee and providing for its membership, duties, and other
  properly related matters.

  Read first time under Rule 28 and referred to committee on State
  Government.
  Senate File 2211, by Schuerer, a bill for an act relating to the
  establishment of Iowa charter schools.

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

  Senate File 2212, by committee on Judiciary, a bill for an act
  concerning the administration of clerk of court offices.

  Read first time under Rule 28 and placed on calendar.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 108, by Kramer and Schuerer, a resolution
  honoring student volunteers Alison Mostrom of West Des Moines and
  Matthew Ternus of Vinton for their outstanding community service.

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

  STUDY BILLS RECEIVED

  SSB 3168	Agriculture

  Eliminating the regulation of certain dairy trade practices.

  SSB 3169	Local Government

  Relating to state and local land management planning and
  development and providing transition, effective date, and
  applicability provisions.

  SSB 3170	Judiciary

  Relating to the liability for unpaid rates or charges of city utility or
  enterprise service.

  SSB 3171	Judiciary

  Relating to the jurisdiction of the state over the incarceration of
  criminal law offenders.
  SSB 3172	Business and Labor Relations

  Relating to workers' compensation concerning service of notices on
  nonresident employers, the calculation of weekly earnings, and the
  approval of related liens.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2171

  EDUCATION:  Redfern, Chair; Connolly and Tinsman

  Senate File 2172

  EDUCATION:  Sexton, Chair; Gaskill and Szymoniak

  Senate File 2174

  JUDICIARY:  Redfern, Chair; Dvorsky and McKean

  Senate File 2176

  AGRICULTURE:  Angelo, Chair; Black and Miller

  Senate File 2177

  EDUCATION:  Redfern, Chair; Dvorsky and Shearer

  Senate File 2178

  WAYS AND MEANS:  Bartz, Chair; Hedge and Soukup

  Senate File 2179

  JUDICIARY:  Lamberti, Chair; Hammond and McKean

  Senate File 2181

  EDUCATION:  Redwine, Chair; Sexton and Szymoniak

  Senate File 2182

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

  Senate File 2184

  EDUCATION:  Boettger, Chair; Dvorsky and Redfern
  Senate File 2185

  JUDICIARY:  McKibben, Chair; McCoy and Miller

  Senate File 2187

  EDUCATION:  Veenstra, Chair; Redwine and Shearer

  Senate File 2188

  EDUCATION:  Redfern, Chair; Dvorsky and Gaskill

  Senate File 2190

  JUDICIARY:  Boettger, Chair; Hammond and Maddox

  Senate File 2192

  WAYS AND MEANS:  Johnson, Chair; Flynn and Hedge

  Senate File 2193

  APPROPRIATIONS:  Tinsman, Chair; Hammond and Kramer

  Senate File 2196

  EDUCATION:  Rehberg, Chair; Boettger and Connolly

  Senate File 2204

  EDUCATION:  Tinsman, Chair; Angelo and Shearer

  Senate File 2208

  EDUCATION:  Redfern, Chair; Harper and Tinsman

  House File 2173

  JUDICIARY:  Redfern, Chair; Horn and McKibben

  House File 2198

  EDUCATION:  Gaskill, Chair; Fink and Tinsman

  SSB 3168

  AGRICULTURE:  Veenstra, Chair; Miller and Soukup

  SSB 3169

  LOCAL GOVERNMENT:  McKean, Chair; Angelo, Bartz, Bolkcom, and Fraise
  SSB 3170

  JUDICIARY:  Lamberti, Chair; Fraise and McKibben

  SSB 3171

  JUDICIARY:  Angelo, Chair; Lamberti and Maddox

  SSB 3172

  BUSINESS AND LABOR RELATIONS:  McKibben, Chair; Dearden and Fraise

  COMMITTEE REPORTS

  APPROPRIATIONS

  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:  DO PASS.

  Final Vote:  Ayes, 22: McLaren, Kramer, Flynn, Behn, Black, Bolkcom,
  Connolly,
  Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King,
  McCoy,
  Redwine, Rehberg, Schuerer, Soukup, and Tinsman.  Nays, none.  Absent or not
  voting, 3:  Lamberti, Maddox, and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  COMMERCE

  Final Bill Action:  SENATE FILE 2200 (SSB 3126), a bill for an act providing
  for the
  establishment of protected cells by domestic insurers.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal,
  Hansen,
  Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer.
  Nays,
  none.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action:  *SENATE FILE 2212 (SSB 3070), a bill for an act
  concerning the
  administration of clerk of court offices.

  Recommendation:  APPROVED COMMITTEE BILL.
  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:  NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Judiciary Committee on Senate File 2212, and
  they
  were attached to the committee 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
  without recommendation for confirmation:

  NATURAL RESOURCES AND ENVIRONMENT

  Eric Seuren - Renewable Fuels and Coproducts Advisory Committee

  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
  recommendation for confirmation:

  AGRICULTURE

  Donna Winburn - Iowa Grain Indemnity Fund Board

  Muffy Harmon - State Soil Conservation Committee
  Gerald Johnson - State Soil Conservation Committee
  Charles Manson - State Soil Conservation Committee
  John Sellers, Jr. - State Soil Conservation Committee

  COMMERCE

  Surasee Rodari - Title Guaranty Division Board

  Diane C. Munns - Utilities Board


  NATURAL RESOURCES AND ENVIRONMENT

  Lucy Norton - Renewable Fuels and Coproducts Advisory Committeel
  WAYS AND MEANS

  Steven Adams - Iowa Finance Authority

  AMENDMENTS FILED

  S-5011		S.F. 2031	House
  S-5012		S.F. 2147	Mike Sexton
  Richard F. Drake
  Merlin E. Bartz
  E. Thurman Gaskill
  Matt McCoy

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:57 a.m.,
  until 10 a.m., Monday, February 21, 2000.
  304	JOURNAL OF THE SENATE	24th Day
  24th Day	THURSDAY, FEBRUARY 17, 2000	305

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