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FIFTY-FIRST CALENDAR DAY THIRTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 29, 2000 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by the Reverend Timothy J. Hogan, pastor of St. Mary's and St. Andrew's Catholic Churches of Ashton and Sibley, Iowa, guest of Senator Veenstra. The Journal of Monday, February 28, 2000, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Hammond, for the day, on request of Senator Gronstal; and Senator Jensen, until he returns, on request of Senator Drake. CONSIDERATION OF BILLS (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate Files 2007, 2091, 2212, 2249, and 2247. Senate File 2007 On motion of Senator Boettger, Senate File 2007, a bill for an act relating to responsibilities of a guardian in procuring professional services for a ward with a physical or mental disability which do not require prior court approval, with report of committee recommending amendment and passage, was taken up for consideration. Senator Boettger offered amendment S-5008, filed by the committee on Judiciary on February 9, 2000, to page 1 of the bill and moved its adoption. Amendment S-5008 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. 2007), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson 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, 2: Hammond Jensen The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2091 On motion of Senator Miller, Senate File 2091, a bill for an act relating to procedures for discontinuance of a city, was taken up for consideration. Senator Bartz took the chair at 9:50 a.m. Senator Miller 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. 2091), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson 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, 2: Hammond Jensen The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2212 On motion of Senator Dvorsky, Senate File 2212, a bill for an act concerning the administration of clerk of court offices, was taken up for consideration. Senator Dvorsky 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. 2212), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson 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, 2: Hammond Jensen The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2249 On motion of Senator Gaskill, Senate File 2249, a bill for an act relating to a state agency purchasing preference for bio-based hydraulic fluids, greases, and other industrial lubricants, was taken up for consideration. Senator Gaskill 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. 2249), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson 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, 2: Hammond Jensen The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2247 On motion of Senator Fink, Senate File 2247, 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, was taken up for consideration. Senator Fink 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. 2247), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson 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, 2: Hammond Jensen The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Hedge asked and received unanimous consent to take up for consideration Senate Files 2242 and 2253. Senate File 2242 On motion of Senator Connolly, Senate File 2242, 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, was taken up for consideration. Senator Connolly 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. 2242), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal 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: Hammond The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 2253 On motion of Senator Fraise, Senate File 2253, 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, was taken up for consideration. The Senate stood at ease at 10:13 a.m. until the fall of the gavel. The Senate resumed session at 10:15 a.m., Senator Bartz presiding. Senator Fraise offered amendment S-5028, filed by him from the floor, to page 1 of the bill and moved its adoption. Amendment S-5028 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy, until he arrives, on request of Senator McKibben. BUSINESS PENDING The Senate resumed consideration of Senate File 2253. Senator Fraise 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. 2253), the vote was: Ayes, 47: Angelo Bartz Behn Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal 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, 1: Black Absent or not voting, 2: Hammond McCoy The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Hedge asked and received unanimous consent that Senate Files 2007, 2091, 2212, 2249, 2247, 2242, and 2253 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 28, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2008, a bill for an act providing residency status to certain members of the armed forces for purposes of hunting, fishing, and fur harvesting. Read first time and referred to committee on Natural Resources and Environment. House File 2240, a bill for an act relating to notice and the appointment of counsel in guardianship and conservatorship proceedings. Read first time and referred to committee on Judiciary. House File 2247, a bill for an act relating to land restoration requirements for interstate natural gas pipeline construction projects. Read first time and attached to companion Senate File 2114. House File 2279, a bill for an act relating to the renewal date for a license issued by the board of educational examiners. Read first time and referred to committee on Education. ALSO: That the House has on February 29, 2000, passed the following bill in which the concurrence of the Senate is asked: House File 2113, a bill for an act relating to eligibility for United States armed forces retired special motor vehicle license plates. Read first time and referred to committee on Transportation. RECESS On motion of Senator Hedge, the Senate recessed at 10:36 a.m., until 3:00 p.m. APPENDIX PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Students from Maple Valley-Anthon-Oto Community Schools, Mapleton, Iowa, accompanied by their teacher, Judy Lee. Senator King. COMPANION BILL RECIEVED On February 29, 2000, House File 2247 was received and attached to companion Senate File 2114 on the calendar. PETITION The following petition was presented and placed on file by: Senator Dvorsky, from 85 residents of Johnson County supporting the DNR amendment to the utility deregulation bill (House File 740). INTRODUCTION OF BILLS Senate File 2399, by Fraise, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Hansen, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act relating to the national guard educational assistance program and making an appropriation. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2400, by Kibbie, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Hammond, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act making an appropriation to the department of education for allocation to the community colleges and providing for a related matter. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2401, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Hansen, Kibbie, McCoy, Judge, Gronstal, Shearer, and Szymoniak, a bill for an act relating to Iowa tuition grants by increasing the statutory appropriation and raising the annual grant award maximum. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2402, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Flynn, Fraise, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act making an appropriation to the department of education for employability skills assessment reimbursements to school districts. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2403, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Harper, Kibbie, McCoy, Shearer, Judge, Gronstal, and Szymoniak, a bill for an act making an appropriation to the department of education to provide direct services to the most at-risk senior high school students through direct intervention by a job placement specialist. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2404, by Deluhery, Black, Bolkcom, Connolly, Dearden, Dvorsky, Fink, Flynn, Fraise, Hansen, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, Gronstal, and Szymoniak, a bill for an act relating to the teacher shortage forgivable loan program by expanding the program to include practitioners employed by high- quality child care providers and making an appropriation. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2405, by Shearer, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Fraise, Harper, Kibbie, McCoy, Soukup, Gronstal, and Szymoniak, a bill for an act making an appropriation to the college student aid commission for the teacher shortage forgivable loan program. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2406, by Harper, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Fraise, Hammond, Kibbie, McCoy, Shearer, Judge, Gronstal, and Szymoniak, a bill for an act making an appropriation to the department of education for allocation to the state library and providing for related matters. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2407, by committee on Commerce, a bill for an act relating to public utilities crossing railroad right-of-way. Read first time under Rule 28 and placed on calendar. Senate File 2408, by committee on Commerce, a bill for an act relating to individual and group accident and sickness insurance, nonprofit health service plans, and health maintenance organizations, by mandating coverage for anesthesia and certain hospital charges associated with the provision of dental care services. Read first time under Rule 28 and placed on calendar. Senate File 2409, by committee on Commerce, a bill for an act relating to the operation and regulation of insurance companies, mutual insurance associations, benevolent associations, health maintenance organizations, and other insurance or risk-assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner and providing effective dates. Read first time under Rule 28 and placed on calendar. Senate File 2410, by committee on Human Resources, a bill for an act relating to access to and disclosure of certain confidential information by the governor and the general assembly and their designees, the citizens' aide, and child death review teams, making penalties and remedies applicable, and including an effective date and applicability provision. Read first time under Rule 28 and placed on calendar. SUBCOMMITTEE ASSIGNMENTS Senate File 2306 COMMERCE: Jensen, Chair; Maddox and McCoy Senate File 2382 LOCAL GOVERNMENT: Angelo, Chair; Bartz and Bolkcom Senate File 2183 TRANSPORTATION: Drake, Chair; Jensen and McCoy House File 2218 COMMERCE: Schuerer, Chair; Deluhery and King COMMITTEE REPORTS COMMERCE Final Bill Action: *SENATE FILE 2407 (SSB 3029), a bill for an act relating to public utilities crossing railroad right-of- way. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Jensen, Maddox, Deluhery, Bolkcom, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 1: Flynn. 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 Commerce Committee on Senate File 2407, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2408 (Formerly SF 2034), a bill for an act relating to individual and group accident and sickness insurance, nonprofit health service plans, and health maintenance organizations, by mandating coverage for anesthesia and certain hospital charges associated with the provision of dental care services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Johnson, Lundby, and McCoy. Nays, 4: King, Redfern, Redwine, and Schuerer. Absent or not voting, 2: Hansen and Lamberti. 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 Commerce Committee on Senate File 2408, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2409 (SSB 3162), a bill for an act relating to the operation and regulation of insurance companies, mutual insurance associations, benevolent associations, health maintenance organizations, and other insurance or risk-assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner and providing effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Jensen, Maddox, Deluhery, Bolkcom, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 1: Flynn. 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 Commerce Committee on Senate File 2409, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: *SENATE FILE 2410 (SSB 3198), a bill for an act relating to access to and disclosure of certain confidential information by the governor and the general assembly and their designees, the citizens' aide, and child death review teams, making penalties and remedies applicable, and including an effective date and applicability provision. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 2410, and they were attached to the committee report. JUDICIARY Final Bill Action: SENATE FILE 422 (SSB 1045), a bill for an act providing for a .08 blood alcohol concentration standard for operating while intoxicated offenses. Recommendation: DO PASS. Final Vote: Ayes, 8: McKean, Angelo, Boettger, Dvorsky, Hammond, McKibben, Redfern, and Tinsman. Nays, 4: Lamberti, Hansen, Horn, and Maddox. Absent or not voting, 3: Fraise, McCoy, and Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5027 H.F. 2090 Kitty Rehberg S-5028 S.F. 2253 Eugene S. Fraise S-5029 S.F. 2215 Betty A. Soukup S-5030 S.F. 2375 Jack Rife S-5031 S.F. 2079 Andy McKean S-5032 S.F. 2245 Gene Maddox S-5033 S.F. 2245 Gene Maddox S-5034 S.F. 2256 Mike Sexton AFTERNOON SESSION The Senate reconvened at 3:22 p.m., Senator Hedge presiding. QUORUM CALL Senator Jensen requested a non-record roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent, and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senator Boettger asked and received unanimous consent to take up for consideration Senate Files 2079, 2215, and 2275. Senate File 2079 On motion of Senator McKean, Senate File 2079, a bill for an act relating to the prohibition of shipping or importing into the state, or the offering for sale, selling, transporting, distributing, or possessing within the state, of cigarettes and tobacco products which were previously exported from or which are manufactured for use outside the United States, and making penalties applicable, was taken up for consideration. Senator McKean offered amendment S-5031, filed by him from the floor, to page 1 and to the title page of the bill and moved its adoption. Amendment S-5031 was adopted by a voice vote. Senator McKean 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. 2079), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Hammond Rife The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. Senate File 2215 On motion of Senator Angelo, Senate File 2215, 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, was taken up for consideration. Senator Soukup offered amendment S-5029, filed by her from the floor, to page 1 of the bill and moved its adoption. Amendment S-5029 was adopted by a voice vote. Senator Angelo 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. 2215), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal 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: Hammond The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. President Kramer took the chair at 3:47 p.m. UNFINISHED BUSINESS (Deferred February 28, 2000) Senate File 2275 The Senate resumed consideration of Senate File 2275, a bill for an act relating to revocations of driver's licenses for an operating while intoxicated offense, deferred February 28, 2000. Senator Rehberg offered amendment S-5024, filed by her on February 28, 2000, to page 1 and to the title page of the bill and moved its adoption. A non-record roll call was requested. The ayes were 28, nays 19. Amendment S-5024 was adopted. Senator Lamberti offered amendment S-5036, filed by him from the floor, to page 1 of the bill and moved its adoption. Amendment S-5036 was adopted by a voice vote. Senator Lamberti 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. 2275), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Hansen Harper Hedge Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Zieman Nays, 5: Deluhery Gronstal Judge McKean Shearer Absent or not voting, 1: Hammond The bill, having received a constitutional majority, was declared to have passed the Senate and the title, as amended, was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 2079, 2215, and 2275 be immediately messaged to the House. CONFIRMATION OF GOVERNOR'S APPOINTMENTS In accordance with Senate Rule 59, Senator Iverson called up the following eligible appointees on the En Bloc Confirmation Calendar: Ann Diehl, Architectural Examining Board Mary Khowassah, Board of Examiners for Athletic Training Vilia Sauerberg, Board of Behavorial Science Examiners Patsy Hastings, Board of Chiropractic Examiners Kristyn R. Bell, Community Empowerment Facilitator Dean Banowetz, Board of Cosmetology Arts and Sciences Examiners Board Denise Dolan, County Finance Committee Richard Heidloff, County Finance Committee Barbara Oliver Hall, Credit Union Review Board Thomas Ferguson, Criminal and Juvenile Justice Planning Advisory Council Susan MacDonald, Commission on the Deaf Sharon Terry, Commission on the Deaf Suzan Stewart, Board of Dental Examiners Marcy Rolenc, Board of Dietetic Examiners Elizabeth Seiser, Employment Appeal Board Susan Albright, Engineering and Land Surveying Randall Beavers, Engineering and Land Surveying Ruth Gaines, State Citizen Foster Care Review Board Donna Winburn, Iowa Grain Indemnity Fund Board Joan Koenigs, Health Facilities Council Susan Poulton, Healthy and Well Kids in Iowa (HAWK-I) Board Donald Wright, Council on Human Services Steven Adams, Iowa Finance Authority Lillie Perry, Landscape Architectural Examining Board Joseph Frisbie, Iowa Law Enforcement Academy Council Mary Junge, Lottery Board Curtis Reynolds, Board of Medical Examiners Gary Mulholland, Narcotics Enforcement Advisory Council Robert Campbell, Board of Nursing Examiners Pauline Taylor, Board of Nursing Examiners Tim Moe, State Board of Examiners for Nursing Home Administrators Rogers Kirk, Board of Parole Phyllis Cacciatore, Board of Physical and Occupational Therapy Examiners Theodore Peterson, Board of Physical and Occupational Therapy Examiners Henrietta Scholten, Board of Physical and Occupational Therapy Examiners Bery Engebretsen, Board of Physician Assistant Examiners Gloria Welte, Board of Physician Assistant Examiners Robert Yoho, Board of Podiatry Examiners James Riordan, Public Employment Relations Board Lucy Norton, Renewable Fuels and Coproducts Advisory Committee Gregory Hicklin, State Board for Respiratory Care Amy Love, State Board for Respiratory Care James Davis, Small Business Advisory Council Denise Essman, Small Business Advisory Council Monsignor W. Robert Schmidt, Board of Social Work Examiners 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 Surasee Rodari, Title Guaranty Division Board Mitchell Taylor, Title Guaranty Division Board Diane C. Mums, Utilities Board Senator Iverson moved that the foregoing appointees be confirmed by the Senate. On the question "Shall the appointees be confirmed?" the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal 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: Hammond The appointees, having received a two-thirds vote, were declared to have been confirmed by the Senate. 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 29, 2000, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 15, a concurrent resolution urging the Governor to appoint a commission to develop design proposals for Iowa's participation in the United States Mint's 50 state quarters program. Read first time and referred to committee on Rules and Administration. ALSO: That the House has on February 29, 2000, passed the following bills in which the concurrence of the Senate is asked: House File 2179, a bill for an act relating to the certified school to career program. Read first time and referred to committee on Small Business, Economic Development, and Tourism. House File 2239, a bill for an act relating to limited partnerships by providing for such partnerships to become limited liability limited partnerships, providing for related matters, and providing an effective date. Read first time and referred to committee on Judiciary. House File 2248, a bill for an act relating to alternate methods of providing proof of motor vehicle financial responsibility and providing an effective date. Read first time and referred to committee on Commerce. House File 2252, a bill for an act relating to the criminal penalties for possession of a controlled substance. Read first time and referred to committee on Judiciary. House File 2291, a bill for an act relating to teacher shortages by creating a permanent substitute teacher license and including effective and applicability date provisions. Read first time and referred to committee on Education. House File 2315, a bill for an act concerning the payment of health and medical insurance coverage costs by cities to retired employees. Read first time and referred to committee on Local Government. House File 2330, a bill for an act relating to directional signs visible from the street at polling places. Read first time and referred to committee on State Government. House File 2365, a bill for an act providing for review of deaths of children under the age of eighteen by the child death review team. Read first time and referred to committee on Human Resources. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Officer Lynn Cripps, Marshalltown - For your dedicated service to the safety of Marshalltown citizens. Senator McKibben (02/29/00). Mark Hangeleben, Urbandale - For winning the Class 3A District Wrestling Championship and the Urbandale Invitational Championship. Senator Maddox (02/29/00). Chief Gary Kinsinger, Coralville - For 27 years of dedicated service to the Coralville Fire Department and the citizens of Coralville, Iowa. Senator Dvorsky (02/29/00). INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 108, by Hedge, a concurrent resolution recognizing the accomplishments of John Fletcher Lacey and commemorating the one-hundredth-year anniversary of the Lacey Act. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Concurrent Resolution 109, by Lundby, a concurrent resolution encouraging state and local governments, business interests, health care professionals, and individuals with interest in good health to help in educating the public to raise awareness regarding osteoporosis prevention, detection, and treatment. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Concurrent Resolution 110, by Lundby and Soukup, a concurrent resolution requesting that the Legislative Council create an interim study committee to review the compensation of members of boards, committees, commissions, and councils of the executive branch of state government. Read first time under Rule 28 and referred to committee on Rules and Administration. Senate Resolution 111, by Schuerer, Hedge, Miller, Zieman, Behn, King, Rehberg, Veenstra, Freeman, Kramer, Redwine, Bartz, Drake, and Iverson, a resolution to prominently display the Ten Commandments in the Iowa Senate chamber. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 2411, by committee on State Government, a bill for an act relating to public retirement systems and providing implementation, applicability, and effective dates. Read first time under Rule 28 and placed on calendar. Senate File 2412, by committee on Commerce, 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 placed on calendar. Senate File 2413, by committee on Agriculture, 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 placed on calendar. Senate File 2414, by Dearden, Gronstal, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fink, Flynn, Fraise, Harper, Kibbie, McCoy, Shearer, Soukup, Judge, and Szymoniak, a bill for an act making an appropriation to the department of management to establish labor-management teams. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 2415, by committee on State Government, a bill for an act relating to the regulation of the practice of accounting, establishing fees, providing penalties, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2416, by committee on Appropriations, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Read first time under Rule 28 and placed on Appropriations calendar. Senate File 2417, by committee on State Government, 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 placed on calendar. SUBCOMMITTEE ASSIGNMENTS Senate File 2239 WAYS AND MEANS: Drake, Chair; Johnson and Soukup Senate File 2283 WAYS AND MEANS: McLaren, Chair; Deluhery and Johnson House File 2279 EDUCATION: Harper, Chair; Angelo and Boettger COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 2413 (Formerly SF 2260), a bill for an act providing for the production and marketing of industrial hemp, and providing for penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Gaskill, Miller, Angelo, Bartz, Behn, Black, Hedge, Judge, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 1: Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. APPROPRIATIONS Final Bill Action: SENATE FILE 2141 (Formerly SF 2077), a bill for an act creating a merchant marine bonus fund and making an appropriation. Recommendation: DO PASS. Final Vote: Ayes, 23: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Freeman, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2: Dvorsky and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2416 (SSB 3133), a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 23: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Freeman, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Rife, Schuerer, Soukup, and Tinsman. Nays, none. Absent or not voting, 2: Dvorsky and Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: *SENATE FILE 2412 (Formerly SF 2234), 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Jensen, Maddox, Deluhery, Bolkcom, Gronstal, Hansen, Johnson, Lamberti, McCoy, Redfern, and Redwine. Nays, 3: King, Lundby, and Schuerer. Absent or not voting, 1: Flynn. 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 Commerce Committee on Senate File 2412, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: *SENATE FILE 2411 (SSB 3209), a bill for an act relating to public retirement systems and providing implementation, applicability, and effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, 1: Fink. 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 State Government Committee on Senate File 2411, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2415 (SSB 3119), a bill for an act relating to the regulation of the practice of accounting, establishing fees, providing penalties, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, and Sexton. Nays, none. Absent or not voting, 1: Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the State Government Committee on Senate File 2415, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2417 (Formerly SF 2210), 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Drake, Fink, McLaren, Schuerer, Sexton, and Szymoniak. Nays, 1: Deluhery. Absent or not voting, 3: King, Lundby, and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in enrolling Senate File 2193, the following correction was made: 1. Page 2, line 16, the words "community based" were changed to the words "community-based". MICHAEL E. MARSHALL Secretary of the Senate BILL ENROLLED, SIGNED, AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 29th day of February, 2000: Senate File 2193. MICHAEL E. MARSHALL Secretary of the Senate AMENDMENTS FILED S-5035 S.F. 2257 Neal Schuerer S-5036 S.F. 2275 Jeff Lamberti S-5037 S.F. 2200 Jeff Lamberti S-5038 S.F. 2035 Bill Fink ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:18 p.m., until 9:00 a.m., Wednesday, March 1, 2000. 454 JOURNAL OF THE SENATE 30th Day 30th Day TUESDAY, FEBRUARY 29, 2000 455
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