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FORTY-FOURTH CALENDAR DAY TWENTY-SIXTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 22, 2000 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by the Reverend Williams, pastor of the First United Methodist Church of Nevada, Iowa, guest of Senator McKibben. The Journal of Monday, February 21, 2000, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Flynn and McCoy, until they arrive, on request of Senator Gronstal. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 2113, 2195, and 2052. Senate File 2113 On motion of Senator Szymoniak, Senate File 2113, a bill for an act relating to the licensing of individuals engaged in the healing art of massage therapy, was taken up for consideration. Senator Szymoniak 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. 2113), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn McCoy The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senator Hedge took the chair at 9:25 a.m. Senate File 2195 On motion of Senator Behn, Senate File 2195, a bill for an act relating to the healthy and well kids in Iowa program, was taken up for consideration. Senator Kramer offered amendment S-5018 filed her from the floor to page 4 of the bill and moved its adoption. Senator Gronstal asked and received unanimous consent that action on amendment S-5018 and Senate File 2195 be deferred. President Kramer took the chair at 9:29 a.m. Senate File 2052 On motion of Senator Maddox, 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, with report of committee recommending passage, was taken up for consideration. Senator Maddox 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. 2052), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Flynn The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. 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 21, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2218, a bill for an act creating a county and state mutual insurance guaranty association and providing penalties. Read first time and referred to committee on Commerce. House File 2220, a bill for an act relating to the confidentiality of internet protocol numbers associated with public information requests. Read first time and referred to committee on State Government. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2113 and 2052 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:36 a.m., until 4:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS BUSINESS AND LABOR RELATIONS Convened: February 21, 2000, 2:22 p.m. Members Present: McKibben, Chair; Dearden, Ranking Member; Behn, Fraise, Hedge, King, Rife, and Schuerer. Members Absent: Freeman, Vice Chair; Hansen, and Horn. Committee Business: Subcommittee assignment. Adjourned: 2:25 p.m. COMMERCE Convened: February 21, 2000, 4:05 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: Hansen (excused). Committee Business: Passed SF 2034. Approved SSB 3026. Presentations by representatives from the International Brotherhood of Electrical Workers and the Consumer Advocate, Gary Stewart. Adjourned: 5:46 p.m. HUMAN RESOURCES Convened: February 21, 2000, 3:42 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: None. Committee Business: Approved SSBs 3094, 3100, 3101, 3102, and 3160. Passed SF 2074. Adjourned: 4:42 p.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 22, 2000, 9:53 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Presentation by Secretary of State Chet Culver on ISPAC program. Adjourned: 10:37 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 22, 2000, 9:53 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Discussed FY 2001 departmental budget requests and Governor's recommendations. Adjourned: 10:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 22, 2000, 10:07 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller, and Szymoniak. Members Absent: None. Committee Business: Discussion on provider rates. Adjourned: 12:09 p.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: February 22, 2000, 9:45 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson, and Shearer. Members Absent: None. Committee Business: Presentations by the Iowa State Fair Blue Ribbon Foundation, the Dept. of Economic Development, and the judicial branch. Adjourned: 11:10 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: February 22, 2000, 1:10 p.m. Members Present: Lundby, Chair; Behn, Vice Chair; Boettger, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Shearer, Ranking Member; and Flynn. Committee Business: Approved SSBs 3017, as amended, 3032, and 3033. Passed SF 2201. Adjourned: 1:30 p.m. INTRODUCTION OF BILLS Senate File 2229, by Kibbie, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act relating to public retirement systems and providing for effective, retroactive applicability, and implementation dates. Read first time under Rule 28 and referred to committee on State Government. Senate File 2230, by Rehberg, King, and McKibben, a bill for an act providing that bonds issued for school infrastructure purposes shall be exempt from state income tax. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2231, by McCoy, a bill for an act relating to the sales of beer kegs by requiring an identification number on each keg of beer, by recording the purchase of beer by the keg, and providing a penalty. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 2232, by Deluhery, Black, Bolkcom, Connolly, Dearden, Fraise, Harper, Kibbie, Soukup, Gronstal, and Szymoniak, a bill for an act providing authority to participating agencies to establish pilot projects for the refund of processing fees associated with certain licenses, permits, and filings, and providing an effective date. Read first time under Rule 28 and referred to committee on State Government. Senate File 2233, by McCoy, a bill for an act establishing certain disclosure requirements associated with telephone solicitations and providing a penalty. Read first time under Rule 28 and referred to committee on Commerce. Senate File 2234, by Szymoniak, a bill for an act relating to third-party payment of health care coverage costs for biologically based mental illness treatment services and increasing the lifetime maximum benefit. Read first time under Rule 28 and referred to committee on Commerce. Senate File 2235, by Behn, a bill for an act relating to payment of bonded indebtedness and lease obligations for joint property of a city and county. Read first time under Rule 28 and referred to committee on Local Government. Senate File 2236, by Redfern, a bill for an act relating to the availability of a temporary restricted license for certain habitual offenders. Read first time under Rule 28 and referred to committee on Transportation. Senate File 2237, by committee on Commerce, a bill for an act relating to the provision under a group health insurance policy or health maintenance organization contract for compensation of podiatrists. Read first time under Rule 28 and placed on calendar. Senate File 2238, by committee on Education, a bill for an act 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. Read first time under Rule 28 and placed on calendar. Senate File 2239, by committee on Local Government, a bill for an act relating to the definition of factory-built structures, the certification of installers of manufactured homes and providing for a fee, an appropriation, and a civil penalty. Read first time under Rule 28 and placed on calendar. Senate File 2240, by committee on Natural Resources and Environment, a bill for an act relating to the creation of a water quality district, providing for the levy of a tax, and providing for other properly related matters. Read first time under Rule 28 and placed on calendar. Senate File 2241, by committee on Judiciary, a bill for an act relating to the consolidation of certain criminal offenses concerning computer access, damage, or theft, video rental theft, election bribery, and voting duress. Read first time under Rule 28 and placed on calendar. Senate File 2242, by committee on State Government, a bill for an act concerning paid time off for certain peace officer members of the department of public safety injured in the course of duty. Read first time under Rule 28 and placed on calendar. Senate File 2243, by committee on Judiciary, a bill for an act relating to the placement in treatment programs of offenders sentenced for operating while intoxicated violations. Read first time under Rule 28 and placed on calendar. Senate File 2244, by committee on Natural Resources and Environment, a bill for an act relating to the scope of the well contractor certification program. Read first time under Rule 28 and placed on calendar. Senate File 2245, by committee on Judiciary, a bill for an act relating to reclassifying certain simple misdemeanors as scheduled violations. Read first time under Rule 28 and placed on calendar. Senate File 2246, by committee on Judiciary, a bill for an act relating to the accumulation of credit upon an inmate's sentence for Iowa inmates incarcerated in another jurisdiction. Read first time under Rule 28 and placed on calendar. Senate File 2247, by committee on State Government, a bill for an act 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. Read first time under Rule 28 and placed on calendar. Senate File 2248, by committee on Education, a bill for an act relating to the college student aid commission's membership, duties, and authority, and related federal employment reports. Read first time under Rule 28 and placed on calendar. Senate File 2249, by committee on Natural Resources and Environment, a bill for an act relating to a state agency purchasing preference for bio-based hydraulic fluids, greases, and other industrial lubricants. Read first time under Rule 28 and placed on calendar. Senate File 2250, by committee on Judiciary, a bill for an act relating to the civil commitment of dangerously violent persons. Read first time under Rule 28 and placed on calendar. Senate File 2251, by committee on Local Government, a bill for an act providing for county agricultural extension councils' use of moneys in the county agricultural extension education fund. Read first time under Rule 28 and placed on calendar. Senate File 2252, by committee on Education, a bill for an act eliminating the future repeal of the school finance formula and providing for periodic legislative review. Read first time under Rule 28 and placed on calendar. Senate File 2253, by committee on Local Government, a bill for an act 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. Read first time under Rule 28 and placed on calendar. Senate File 2254, by committee on Human Resources, a bill for an act relating to child support including medical support and payment of costs to financial institutions for data matching and automation program development. Read first time under Rule 28 and placed on calendar. Senate File 2255, by committee on Education, a bill for an act making an appropriation and allocating moneys to school districts to pay for the costs of making technology available to students attending accredited nonpublic schools. Read first time under Rule 28 and placed on calendar. Senate File 2256, by committee on Transportation, a bill for an act establishing a pilot project requiring that the state department of transportation purchase soydiesel fuel for use in some of its vehicles, and providing for contingent effectiveness. Read first time under Rule 28 and placed on calendar. Senate File 2257, by committee on Human Resources, a bill for an act relating to juvenile crime prevention and youth development grant fund requirements and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2258, by committee on Human Resources, a bill for an act relating to the regulation of controlled substances and precursors to controlled substances. Read first time under Rule 28 and placed on calendar. Senate File 2259, by committee on Human Resources, a bill for an act relating to the use of moneys in the anatomical gift public awareness and transplantation fund. Read first time under Rule 28 and placed on calendar. Senate File 2260, by Zieman, Bartz, Angelo, McKean, Behn, Bolkcom, Gaskill, Kibbie, Dearden, Hedge, Jensen, and Rittmer, a bill for an act providing for the production and marketing of industrial hemp, and providing for penalties. Read first time under Rule 28 and referred to committee on Agriculture. Senate File 2261, by Rehberg, a bill for an act relating to condemnation of private property and allowing a deduction from taxable income of certain condemnation awards and providing a retroactive applicability date. Read first time under Rule 28 and referred to committee on Local Government. Senate File 2262, by Shearer, a bill for an act providing for refundable credits under the individual income tax for certain teachers and engineers filling critical jobs in the state and including effective and retroactive applicability date provisions. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2263, by Fink, a bill for an act relating to reporting of the status of environmental violations by the department of natural resources to the general assembly. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 2264, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act relating to the establishment of an information technology department, providing for an appropriation, and providing an effective date. Read first time under Rule 28 and referred to committee on State Government. Senate File 2265, by committee on Judiciary, a bill for an act to provide an additional sentence of parole or work release for certain persons who commit the crime of lascivious acts with a child. Read first time under Rule 28 and placed on calendar. Senate File 2266, by committee on State Government, a bill for an act relating to the department of public defense by changing the number and qualifications of general officers in the Iowa national guard and increasing the membership of the emergency response commission and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2267, by committee on Education, a bill for an act requiring the board of directors of a school district to adopt a contract with parents as part of a student promotion policy for grade three level students and providing for related matters. Read first time under Rule 28 and placed on calendar. STUDY BILLS RECEIVED SSB 3187 Ways and Means Relating to the accelerated career education program, providing a tax credit from withholding, creating an accelerated career education grant program and fund, relating to the transfer of job training withholding to the workforce development fund account, and providing an effective date. SSB 3188 Judiciary Relating to judicial administration by providing for benefits applicable to judicial branch employees, the allocation of magistrates, and the manner of making certain noncourt and administrative appointments. SSB 3189 Judiciary Relating to the department of corrections by providing for the establishment of reserve peace officers by judicial district departments of correctional services, for the transfer of patients to the Iowa medical and classification center and for the liability of counties for their costs of treatment, for the transcription and recording of testimony for certain investigations conducted by the department of corrections, for the submission of presentence investigation reports to the department, for the release of certain family and personal history, for lease agreements between the department and employers to provide work for inmates, for the authority to establish and distribute moneys from interest-bearing accounts for inmates, and for the repeal of the sixth judicial district pilot project concerning probation revocation hearings, and providing an effective date. SSB 3190 Natural Resources and Environment Raising the maximum civil penalty for violations of certain environmental laws relating to air quality, water quality and animal feeding operations, solid waste, underground storage tanks, water allocation and use and floodplain control, and the disposal of hazardous waste. SSB 3191 Business and Labor Relations Relating to public and workplace safety and wage collection laws administered by the labor commissioner, including changes in the regulation of boilers in places of public assembly and of elevator installers, and of employers under the wage payment collection law. SSB 3192 Transportation Increasing the fine for certain motor vehicle violations relating to railroad crossings. SSB 3193 Agriculture Relating to pseudorabies control, making penalties applicable, and providing an effective date. SSB 3194 State Government Relating to establishing an electronic repository for mandated agency reports and providing for access to electronic copies of such reports. SSB 3195 Natural Resources and Environment Relating to siting of proposed facilities in relation to any federal, state, or county parks, preserves, recreational areas, or facilities, any protected water areas, or any public use areas. SSB 3196 Education Relating to the operation of motor vehicles by minors pursuant to a school license. SSB 3197 State Government Relating to the creation of an information technology department and making related changes. SSB 3198 Human Resources Providing for access to certain confidential information by the governor and the general assembly and their designees, making penalties and remedies applicable, and including an effective date and applicability provision. SUBCOMMITTEE ASSIGNMENTS Senate File 2203 COMMERCE: King, Chair; Flynn and Redwine Senate File 2205 NATURAL RESOURCES AND ENVIRONMENT: Rehberg, Chair; Drake and Kibbie Senate File 2207 NATURAL RESOURCES AND ENVIRONMENT: Rife, Chair; Drake and Rehberg Senate File 2216 HUMAN RESOURCES: Miller, Chair; Harper and Redwine Senate File 2222 JUDICIARY: Maddox, Chair; Angelo and Dvorsky Senate File 2223 JUDICIARY: McKean, Chair; Hammond and Maddox Senate File 2224 STATE GOVERNMENT: Lamberti, Chair; Kibbie and King Senate File 2225 JUDICIARY: McKean, Chair; Hammond and Maddox Senate File 2226 STATE GOVERNMENT: Rittmer, Chair; Drake and Kibbie Senate File 2228 STATE GOVERNMENT: Dearden, Chair; Rittmer and Szymoniak Senate File 2229 STATE GOVERNMENT: Rittmer, Chair; Connolly and Drake Senate File 2230 WAYS AND MEANS: McKibben, Chair; Flynn and Johnson Senate File 2231 JUDICIARY: Boettger, Chair; McCoy and McKean Senate File 2232 STATE GOVERNMENT: Drake, Chair; Deluhery and Sexton Senate File 2233 COMMERCE: McCoy, Chair; Jensen and Lundby Senate File 2234 COMMERCE: Maddox, Chair; Gronstal and Jensen House File 2080 HUMAN RESOURCES: Boettger, Chair; Redwine and Szymoniak House File 2172 JUDICIARY: Fraise, Chair; Angelo and Maddox SSB 3187 WAYS AND MEANS: McKibben, Chair; Harper and Lamberti SSB 3188 JUDICIARY: Maddox, Chair; Angelo and Fraise SSB 3189 JUDICIARY: Angelo, Chair; Fraise and Maddox SSB 3190 NATURAL RESOURCES AND ENVIRONMENT: Drake, Chair; Deluhery and King SSB 3191 BUSINESS AND LABOR RELATIONS: Dearden, Chair; Hedge and McKibben SSB 3192 TRANSPORTATION: Drake, Chair; Jensen and Judge SSB 3193 AGRICULTURE: Hedge, Chair; Gaskill and Kibbie SSB 3194 STATE GOVERNMENT: King, Chair; Deluhery and Lundby SSB 3195 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Deluhery and Drake SSB 3196 EDUCATION: Boettger, Chair; Rehberg and Shearer SSB 3197 STATE GOVERNMENT: King, Chair; Deluhery and Rittmer SSB 3198 HUMAN RESOURCES: Miller, Chair; Boettger and Hammond COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 2237 (SSB 3026), a bill for an act relating to the provision under a group health insurance policy or health maintenance organization contract for compensation of podiatrists. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Lundby, McCoy, and Redfern. Nays, 3: King, Redwine, and Schuerer. Absent or not voting, 3: Hansen, Johnson, and Lamberti. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: SENATE FILE 2238 (SSB 3166), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2248 (SSB 3157), a bill for an act relating to the college student aid commission's membership, duties, and authority, and related federal employment reports. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2252 (SSB 3164), a bill for an act eliminating the future repeal of the school finance formula and providing for periodic legislative review. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2255 (Formerly SF 2053), a bill for an act making an appropriation and allocating moneys to school districts to pay for the costs of making technology available to students attending accredited nonpublic schools. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redfern, Rehberg, Connolly, Angelo, Boettger, Gaskill, Redwine, Sexton, Shearer, Szymoniak, and Veenstra. Nays, 4: Dvorsky, Fink, Harper, and Tinsman. Absent or not voting, none. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Education Committee on Senate File 2255, and they were attached to the committee report. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2267 (Formerly SF 2159), a bill for an act requiring the board of directors of a school district to adopt a contract with parents as part of a student promotion policy for grade three level students and providing for related matters. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Redfern, Rehberg, Angelo, Boettger, Gaskill, Sexton, Tinsman, and Veenstra. Nays, 7: Connolly, Dvorsky, Fink, Harper, Redwine, Shearer, and Szymoniak. 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 Education Committee on Senate File 2267, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE 2074, a bill for an act authorizing disclosure of certain information to the legal guardian of an individual receiving assistance or services from the department of human services. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2254 (SSB 3094), a bill for an act relating to child support including medical support and payment of costs to financial institutions for data matching and automation program development. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2257 (SSB 3100), a bill for an act relating to juvenile crime prevention and youth development grant fund requirements and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2258 (SSB 3101), a bill for an act relating to the regulation of controlled substances and precursors to controlled substances. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2259 (SSB 3160), a bill for an act relating to the use of moneys in the anatomical gift public awareness and transplantation fund. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE FILE 2241 (SSB 3057), a bill for an act relating to the consolidation of certain criminal offenses concerning computer access, damage, or theft, video rental theft, election bribery, and voting duress. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2243 (SSB 3134), a bill for an act relating to the placement in treatment programs of offenders sentenced for operating while intoxicated violations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2245 (SSB 3130), a bill for an act relating to reclassifying certain simple misdemeanors as scheduled violations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2246 (SSB 3058), a bill for an act relating to the accumulation of credit upon an inmate's sentence for Iowa inmates incarcerated in another jurisdiction. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McKean, Lamberti, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 2: Hansen and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2250 (SSB 3135), a bill for an act relating to the civil commitment of dangerously violent persons. Recommendation:. APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: McKean, Lamberti, Angelo, Boettger, Fraise, Horn, McCoy, McKibben, Miller, and Tinsman. Nays, 2: Dvorsky and Hammond. Absent or not voting, 3: Hansen, Maddox, and Redfern Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2265 (SSB 3074), a bill for an act to provide an additional sentence of parole or work release for certain persons who commit the crime of lascivious acts with a child. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Angelo, Boettger, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: SENATE FILE 2239 (SSB 3065), a bill for an act relating to the definition of factory-built structures, the certification of installers of manufactured homes and providing for a fee, an appropriation, and a civil penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Angelo, Bolkcom, Fraise, Hammond, Judge, McKean, McKibben, Miller, and Zieman. Nays, none. Absent or not voting, 4: Bartz, Gaskill, McCoy, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2251 (SSB 3147), a bill for an act providing for county agricultural extension councils' use of moneys in the county agricultural extension education fund. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Angelo, Bolkcom, Fraise, Hammond, Judge, McKean, McKibben, Miller, and Zieman. Nays, none. Absent or not voting, 4: Bartz, Gaskill, McCoy, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2253 (SSB 3145), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Angelo, Bolkcom, Fraise, Hammond, Judge, McKean, McKibben, Miller, and Zieman. Nays, none. Absent or not voting, 4: Bartz, Gaskill, McCoy, 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 Local Government Committee on Senate File 2253, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 2240 (SSB 3090), a bill for an act relating to the creation of a water quality district, providing for the levy of a tax, and providing for other properly related matters. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2244 (SSB 3131), a bill for an act relating to the scope of the well contractor certification program. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2249 (SSB 3107), a bill for an act relating to a state agency purchasing preference for bio-based hydraulic fluids, greases, and other industrial lubricants. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2242 (SSB 3116), a bill for an act concerning paid time off for certain peace officer members of the department of public safety injured in the course of duty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2247 (SSB 3142), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: *SENATE FILE 2256 (Formerly SF 2093), a bill for an act establishing a pilot project requiring that the state department of transportation purchase soydiesel fuel for use in some of its vehicles, and providing for contingent effectiveness. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, McKibben, Rittmer, and Zieman. 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 Transportation Committee on Senate File 2256, and they were attached to the committee report. AMENDMENTS FILED S-5017 S.F. 2156 Richard F. Drake S-5018 S.F. 2195 Mary E. Kramer S-5019 S.F. 182 House S-5020 S.F. 2193 Nancy Boettger AFTERNOON SESSION The Senate reconvened at 4:18 p.m., President Kramer presiding. QUORUM CALL Senator Jensen requested a non-record roll call to determine that a quorum was present. The vote revealed 33 present, 17 absent, and a quorum present. The Senate stood at ease at 4:26 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 5:04 p.m., President Kramer presiding. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Maddox, for the remainder of the day, on request of Senator Hedge. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 2193. Senate File 2193 On motion of Senator Boettger, Senate File 2193, 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, placed on the calendar on February 16, 2000, referred to the Appropriations committee on February 17, 2000, and returned to the calendar with report of committee on Appropriations recommending passage on February 17, 2000, was taken up for consideration. Senator Miller offered amendment S-5014, filed by him on February 21, 2000, to pages 1, 5, 7-12, 16, 18, and 20 of the bill and moved its adoption. Amendment S-5014 lost by a voice vote. Senator Boettger offered amendment S-5020, filed by her from the floor to pages 10, 16, and 19-21 of the bill and moved its adoption. Amendment S-5020 was adopted by a voice vote. Senator Boettger 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. 2193), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Fraise Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Flynn Maddox 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 2193 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 22, 2000, amended and passed the following bill in which the concurrence of the House was asked: Senate File 182, a bill for an act requiring licensure to practice acupuncture. (S-5019) ALSO: That the House has on February 22, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2085, a bill for an act relating to health certificate requirements for breeding bulls and making penalties applicable. Read first time and referred to committee on Agriculture. APPENDIX REPORTS OF COMMITTEE MEETINGS JUDICIARY Convened: February 22, 2000, 3:43 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: Subcommittee assignments. Recommended confirmation of Governor's appointee. Approved SSB 3019. Passed SFs 422, 2039, and 2179. Adjourned: 4:11 p.m. LOCAL GOVERNMENT Convened: February 22, 2000, 2:15 p.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Fraise, Gaskill, Hammond, Judge, McCoy, McKean, McKibben, Miller, and Zieman. Members Absent: Rife (excused). Committee Business: Subcommittee assignment. Recommended confirmation of Governor's appointee. Approved SSBs 3175 and 3178, as amended. Passed HF 2169. Adjourned: 3:40 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 22, 2000, 1:12 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Members Absent: None. Committee Business: Approved SSBs 3084 and 3124. Passed SFs 2065, 2094, and 2100. Adjourned: 2:05 p.m. STATE GOVERNMENT Convened: February 22, 2000, 2:15 p.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: Subcommittee assignments. Approved SSBs 1012, as amended, and 3185. Passed SFs 2210 and 2228. Adjourned: 3:20 p.m. INTRODUCTION OF BILLS Senate File 2268, by Harper, Hammond, Bolkcom, Dvorsky, Deluhery, and Kibbie, a bill for an act providing for incentives for school districts involved in reorganization efforts, sharing arrangements, and additional cooperative associations. Read first time under Rule 28 and referred to committee on Education. Senate File 2269, by Shearer, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hammond, Harper, Kibbie, McCoy, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act establishing pilot immigration service centers and making an appropriation. Read first time under Rule 28 and referred to committee on Small Business, Economic Development, and Tourism. Senate File 2270, by Connolly, a bill for an act providing for the inclusion of nonpublic school pupils in the enrollment count for special education support services funding purposes. Read first time under Rule 28 and referred to committee on Education. Senate File 2271, by Johnson, a bill for an act providing licensure requirements for physician assistants and providing an effective date. Read first time under Rule 28 and referred to committee on State Government. Senate File 2272, by Johnson, a bill for an act relating to the dispensing of prescription drugs by physicians. Read first time under Rule 28 and referred to committee on State Government. Senate File 2273, by Fraise, Black, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Hammond, Harper, Judge, Kibbie, McCoy, Shearer, Soukup, Gronstal, and Szymoniak, a bill for an act providing an appropriation to the department of public safety for additional narcotics enforcement agents. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2274, by Iverson, a bill for an act declaring null and void gubernatorial executive orders relating to equal opportunity and affirmative action in state employment and uniform procedures for the waiver of administrative rules and providing an effective date. Read first time under Rule 28 and referred to committee on Rules and Administration. SUBCOMMITTEE ASSIGNMENTS Senate File 2235 LOCAL GOVERNMENT: Angelo, Chair; Hammond and McKibben Senate File 2261 LOCAL GOVERNMENT: Angelo, Chair; Bartz and Bolkcom COMMITTEE REPORTS LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 2169, a bill for an act relating to the appointment of emergency management coordinators. Recommendation: DO PASS. Final Vote: Ayes, 10: Angelo, Bartz, Bolkcom, Fraise, Hammond, Judge, McKean, McKibben, Miller, and Zieman. Nays, none. Absent and not voting, 3: Gaskill, McCoy, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Final Bill Action: SENATE FILE 2201, a bill for an act relating to the distress criteria of the enterprise zone program and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Lundby, Behn, Boettger, Hansen, Judge, Rittmer, Sexton, Soukup, Tinsman, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Shearer and Flynn. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2266 (SSB 3051), a bill for an act relating to the department of public defense by changing the number and qualifications of general officers in the Iowa national guard and increasing the membership of the emergency response commission and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 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: HUMAN RESOURCES Mary Khowassah - Board of Examiners for Athletic Training Vilia Sauerberg - Board of Behavioral Science Examiners Kristyn R. Bell - Community Empowerment Facilitator Sharon Terry - Commission on the Deaf Susan MacDonald - Commission on the Deaf Marilyn Turner - Administrator of the Division of Persons with Disabilities Joan Koenigs - Health Facilities Council Susan Poulton - Healthy and Well Kids in Iowa (HAWK-I) Board Donald Wright - Council on Human Services Gloria Welte - Board of Physician Assistant Examiners Bery Engebretsen - Board of Physician Assistant Examiners JUDICIARY Thomas Ferguson - Criminal and Juvenile Justice Planning Advisory Council LOCAL GOVERNMENT Denise Dolan - County Finance Committee AMENDMENTS FILED S-5021 S.F. 2195 Johnie Hammond S-5022 S.F. 2195 Patrick J. Deluhery Johnie Hammond Michael E. Gronstal Patricia M. Harper S-5023 S.F. 2195 Johnie Hammond ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:37 p.m., until 9:00 a.m., Wednesday, February 23, 2000. 334 JOURNAL OF THE SENATE 26th Day 26th Day TUESDAY, FEBRUARY 22, 2000 335
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