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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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