Senate Journal: Monday, February 21, 2000

  FORTY-THIRD CALENDAR DAY
  TWENTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, February 21, 2000

  The Senate met in regular session at 10:12 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Tim Nappe, pastor of the First
  Lutheran Church of Milford, Iowa, guest of Senator Kibbie.

  The Journal of Thursday, February 17, 2000, was approved.

  Senator Bartz took the chair at 10:25 a.m.
  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 21, 2000

  DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

  Iowa Watershed Protection Program Interim Report, as required by 1999 Iowa
  Acts, chapter 204, sections 1 and 27.

  WORKFORCE DEVELOPMENT DEPARTMENT

  Addendum to the Inmate Worker Safety Report filed on January 3, 2000, by the
  Department of Corrections.

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:

  Fifty second grade students from Beaver Creek Elementary
  School, Johnston, Iowa, accompanied by their teachers,
  Mrs. Hamilton and Mrs. Helmers.  Senators Kramer and Maddox.

  CERTIFICATE OF RECOGNITION

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

  Andrew Olson, Waukon - For achieving the rank of Eagle Scout.  Senator
  Zieman
  (02/21/00).

  PETITIONS

  The following petitions were presented and placed on file by:

  Senator Angelo, from 21 residents of Polk County, Iowa, favoring
  legislation to support the passage of House File 2066 and permit
  licensed substance abuse treatment agencies to teach the OWI
  classes independent of the community colleges.

  Senator Iverson, from 3000 Iowan residents favoring legislation
  making first offense animal cruelty a felony.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

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

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

  Members Absent:  McCoy, Ranking Member (excused).

  Committee Business:  Discussed funding requests and projected salary
  adjustments.

  Adjourned:  11:25 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

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

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

  Members Absent:  McLaren (excused).

  Committee Business:  Iowa National Guard discussed their budget.

  Adjourned:  12:02 p.m.

  EDUCATION

  Convened:  February 21, 2000, 2:17 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:  Approved SSBs 3157, 3164, and 3166.  Passed SFs 2053
  (Rule
  40), 2059 (Rule 40), and 2159 (Rule 40).

  Adjourned:  3:42 p.m.
  JUDICIARY

  Convened:  February 21, 2000, 1:06 p.m.

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

  Members Absent:  Hansen, Ranking Member (excused).

  Committee Business:  Approved SSBs 3055 (as amended), 3057, 3058, 3074 (as
  amended), 3125 (as amended), 3130, 3134, 3135, and 3161 (as amended).

  Adjourned:  2:15 p.m.

  LOCAL GOVERNMENT

  Convened:  February 21, 2000, 11:50 a.m.

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

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

  Committee Business:  Subcommittee assignments.  Approved SSBs 3065, 3145 (as
  amended), and 3147.

  Adjourned:  12:05 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 21, 2000, 10:40 a.m.

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

  Members Absent:  Rife (excused).

  Committee Business:  Approved SSBs 3090, 3107, and 3131.

  Adjourned:  11:45 a.m.

  STATE GOVERNMENT

  Convened:  February 21, 2000, 11:50 a.m.

  Members Present:  Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking
  Member;
  Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren,
  Schuerer, Sexton, and Szymoniak.

  Members Absent:  None.
  Committee Business:  Approved SSBs 3051, 3060, 3116, and 3142.  Passed SF
  31.
  Subcommittee assignments.

  Adjourned:  12:35 p.m.

  TRANSPORTATION

  Convened:  February 21, 2000, 3:03 p.m.

  Members Present:  Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member;
  Fraise, Jensen, Judge, Kibbie, McKean, McKibben, Rittmer, and Zieman.

  Members Absent:  Fink and Freeman (both excused).

  Committee Business:  Approved SSB 3148, as amended.  Passed SF 2093, as
  amended.

  Adjourned:  3:26 p.m.

  INTRODUCTION OF BILLS

  Senate File 2213, by committee on Natural Resources and
  Environment, 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 placed on calendar.

  Senate File 2214, by committee on Local Government, a bill for
  an act relating to residential landlord-tenant law, by allowing for
  notice of and a surcharge for rent paid with a check returned for
  insufficient funds, and making certain changes related to forcible
  entry and detainer actions.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2215, by committee on Local Government, a bill for
  an act striking a mandatory leave of absence for a civil service officer
  or employee, or a deputy sheriff who is a candidate for partisan public
  office, and providing an effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2216, by Miller, a bill for an act relating to substance
  abuse by pregnant women by providing for civil commitment of
  certain chronic substance abusers.
  Read first time under Rule 28 and referred to committee on
  Human Resources.

  Senate File 2217, by Schuerer, a bill for an act relating to the
  annual tax on mobile homes and manufactured homes located within
  a mobile home park and including effective and applicability dates.

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

  Senate File 2218, by Redfern, a bill for an act relating to the
  estimated cost of certain public improvements requiring public
  bidding procedures.

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

  Senate File 2219, by Szymoniak, a bill for an act relating to the
  sales and use taxes on limousine services.

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

  Senate File 2220, by committee on Judiciary, a bill for an act
  relating to forcible entry and detainer actions in small claims court
  following a default on a contract for deed.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2221, by committee on Judiciary, a bill for an act
  relating to juvenile court jurisdiction and the prosecution of juveniles
  in juvenile and district court.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2222, by Angelo, a bill for an act relating to the
  recovery of costs incurred by a law enforcement agency investigating
  methamphetamine-related offenses.

  Read first time under Rule 28 and referred to committee on
  Judiciary.
  Senate File 2223, by Hammond, a bill for an act permitting the
  court to suspend the sentence of a defendant who has been convicted
  of a felony other than a class "A" felony.

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

  Senate File 2224, by Deluhery, Black, Bolkcom, Connolly,
  Dearden, Dvorsky, Fink, Fraise, Hammond, Harper, Kibbie, McCoy,
  Shearer, Soukup, Gronstal, and Szymoniak, a bill for an act relating
  to campaign finance law, including electronic filing by candidates for
  statewide office, disclosures in relation to certain political telephone
  calls, filing requirements in relation to certain political
  advertisements and penalties for false advertisement, and to public
  financing of campaigns for governor and lieutenant governor, making
  certain appropriations, providing penalties, and providing for the
  Act's applicability.

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

  Senate File 2225, by Angelo, a bill for an act applying to certain
  methamphetamine offenses a maximum accumulation of good
  conduct time of fifteen percent of the total sentence of confinement.

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

  Senate File 2226, by Bolkcom, a bill for an act providing for a
  person's continued participation in a multiemployer retirement plan
  while participating in the Iowa public employees' retirement system
  and providing an implementation provision.

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

  Senate File 2227, by Connolly, Harper, Soukup, Deluhery,
  Hammond, Bolkcom, Dvorsky, Shearer, and Gronstal, a bill for an act
  providing for the establishment and funding of a prekindergarten
  instruction program, and providing an effective date.
  Read first time under Rule 28 and referred to committee on
  Education.

  Senate File 2228, by Szymoniak and Dearden, a bill for an act to
  permit certain gifts associated with a legislative group event and to
  raise the maximum value of nonmonetary items that may be received
  by a member of the general assembly and by public officials, public
  employees, and candidates, or by members of the immediate family of
  public officials, public employees, or candidates.

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

  STUDY BILLS RECEIVED

  SSB 3173	State Government

  Relating to the filing of reports with the secretary of state by
  corporate entities.

  SSB 3174	State Government

  Relating to the fees to be charged for access to public information
  and providing an effective date.

  SSB 3175	Local Government

  Relating to certain procedures for the purchase or condemnation of
  interest in private property by a utility subject to the jurisdiction of
  the Iowa utilities board.

  SSB 3176	Transportation

  Relating to alternate methods of providing proof of motor vehicle
  financial responsibility and providing an effective date.

  SSB 3177	Human Resources

  Relating to the sharing of juvenile court social records or child
  abuse records pursuant to an interagency agreement.
  SSB 3178	Local Government

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

  SSB 3179	Education

  Relating to phase III of the educational excellence program.

  SSB 3180	Education

  Providing for a school investment partnership pilot program.

  SSB 3181	Education

  Abolishing the exemptions to the physical education participation
  requirement for secondary school students.

  SSB 3182	Education

  Providing additional funding for at-risk programs and providing
  an effective date.

  SSB 3183	Education

  Directing the state board of regents to permit approved
  practitioner preparation program faculty at its institutions of higher
  learning to assign students to an accredited nonpublic school for
  student teaching experience.

  SSB 3184	Education

  Establishing a fire safety fund as a revolving loan fund for school
  districts and making an appropriation.

  SSB 3185	State Government

  Relating to authorization to provide emergency and nonemergency
  medical care services.
  SSB 3186	Human Resources

  Relating to the information collected through termination of
  pregnancy reporting.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 397

  HUMAN RESOURCES:  Boettger, Chair; Behn and Szymoniak

  Senate File 2167

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and Maddox

  Senate File 2189

  AGRICULTURE:  Hedge, Chair; Shearer and Veenstra

  Senate File 2191

  AGRICULTURE:  Miller, Chair; Angelo and Soukup

  Senate File 2198

  STATE GOVERNMENT:  McLaren, Chair; Kibbie and Rittmer

  Senate File 2199

  STATE GOVERNMENT:  McLaren, Chair; Kibbie and Rittmer

  Senate File 2201

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM:  Boettger,
  Chair; Judge and Tinsman

  Senate File 2202

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and Lundby

  Senate File 2206

  TRANSPORTATION:  Judge, Chair; Jensen and McCoy

  Senate File 2209

  HUMAN RESOURCES:  Tinsman, Chair; Harper and Veenstra
  Senate File 2210

  STATE GOVERNMENT:  Szymoniak, Chair; Maddox and McLaren

  Senate File 2211

  EDUCATION:  Boettger, Chair; Angelo and Shearer

  Senate File 2217

  WAYS AND MEANS:  McKibben, Chair; Johnson and Soukup

  Senate File 2218

  LOCAL GOVERNMENT:  McCoy, Chair; Angelo and Bartz

  Senate File 2219

  WAYS AND MEANS:  McLaren, Chair; Flynn and Johnson

  SSB 3173

  STATE GOVERNMENT:  Lamberti, Chair; Deluhery and King

  SSB 3174

  STATE GOVERNMENT:  King, Chair; Deluhery and Lundby

  SSB 3175

  LOCAL GOVERNMENT:  Angelo, Chair; Bartz and Bolkcom

  SSB 3176

  TRANSPORTATION:  Drake, Chair; Jensen and McCoy

  SSB 3177

  HUMAN RESOURCES:  Miller, Chair; Boettger and Harper

  SSB 3178

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

  SSB 3179

  EDUCATION:  Redfern, Chair; Connolly and Rehberg

  SSB 3180

  EDUCATION:  Sexton, Chair; Harper and Tinsman
  SSB 3181

  EDUCATION:  Gaskill, Chair; Sexton and Szymoniak

  SSB 3182

  EDUCATION:  Redfern, Chair; Connolly and Rehberg

  SSB 3183

  EDUCATION:  Connolly, Chair; Boettger and Rehberg

  SSB 3184

  EDUCATION:  Redfern, Chair; Dvorsky and Gaskill

  SSB 3185

  STATE GOVERNMENT:  Drake, Chair; Dearden and Sexton

  SSB 3186

  HUMAN RESOURCES:  Redwine, Chair; Boettger and Harper

  COMMITTEE REPORTS

  JUDICIARY

  Final Bill Action:  SENATE FILE 2220 (Formerly SF 2099), a bill for an act
  relating
  to forcible entry and detainer actions in small claims court following a
  default on a
  contract for deed.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  McKean, Lamberti, Angelo, Boettger, Dvorsky,
  Hammond,
  Horn, Maddox, McKibben, Miller, and Redfern.  Nays, none.  Absent or not
  voting, 4:
  Hansen, Fraise, McCoy, and Tinsman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2221 (SSB 3067), a bill for an act relating
  to
  juvenile court jurisdiction and the prosecution of juveniles in juvenile and
  district
  court.

  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.

  ALSO:

  Final Bill Action:  HOUSE FILE 723, a bill for an act prohibiting the
  mistreatment of
  persons and animals and providing for penalties.

  Recommendation:  AMEND AND DO PASS, AS PROVIDED IN AMENDMENT
  S-5013.

  Final Vote:  Ayes, 11:  McKean, Lamberti, Angelo, Boettger, Dvorsky,
  Hammond,
  Horn, Maddox, McKibben, Miller, and Redfern.  Nays, none.  Absent or not
  voting, 4:
  Hansen, Fraise, McCoy, and Tinsman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  LOCAL GOVERNMENT

  Final Bill Action:  *SENATE FILE 2214 (SSB 3108), a bill for an act relating
  to
  residential landlord-tenant law, by allowing for notice of and a surcharge
  for rent paid
  with a check returned for insufficient funds, and making certain changes
  related to
  forcible entry and detainer actions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Angelo, Bartz, Bolkcom, Fraise, Gaskill, Judge,
  McCoy,
  McKibben, and Miller.  Nays, none.  Absent or not voting, 4:  Hammond,
  McKean, Rife,
  and Zieman.

  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 Local Government Committee on Senate File
  2214, and
  they were attached to the committee report.

  ALSO:

  Final Bill Action:  SENATE FILE 2215 (SSB 3146), a bill for an act striking
  a
  mandatory leave of absence for a civil service officer or employee, or a
  deputy sheriff
  who is a candidate for partisan public office, and providing an effective
  date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 9:  Angelo, Bartz, Bolkcom, Fraise, Gaskill, Judge, McCoy,
  McKibben, and Miller.  Nays, none.  Absent or not voting, 4:  Hammond,
  McKean, Rife,
  and Zieman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  *SENATE FILE 2213 (Formerly SF 2155), a bill for an act
  relating
  to on-site presence of a pipeline company representative during farmland
  improvements near pipelines.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Bartz, King, Fink, Black, Bolkcom, Dearden,
  Deluhery,
  Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg.  Nays, none.  Absent
  or not
  voting, 2:  Drake and Rife.

  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 Natural Resources and Environment Committee on
  Senate File 2213, and they were attached to the committee report.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 31, a bill for an act establishing an age
  ceiling for
  hiring fire fighters and peace officers.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Rittmer, Kibbie, Connolly, Dearden, Deluhery, Fink,
  King,
  Lundby, Maddox, and Szymoniak.  Nays, 4:  Lamberti, Drake, Schuerer, and
  Sexton.
  Absent or not voting, 1:  McLaren.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5013	H.F.	723	Judiciary
  S-5014	S.F.	2193	David Miller
  S-5015	S.F.	2188	John P. Kibbie
  S-5016	H.F.	620	Matt McCoy
  Richard F. Drake

  ADJOURNMENT

  On motion of Senator Hedge, the Senate adjourned at 10:42 a.m.,
  until 9:00 a.m., Tuesday, February 22, 2000.
  320	JOURNAL OF THE SENATE	25th Day
  25th Day	MONDAY, FEBRUARY 21, 2000	321

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