Senate Journal: Tuesday, January 23, 2001

  SIXTEENTH CALENDAR DAY
  TENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, January 23, 2001

  The Senate met in regular session at 9:02 a.m., President Pro
  Tempore McKean presiding.

  Prayer was offered by the Reverend Ron Bryan, pastor of the
  Le Grand Friends Church in Le Grand, Iowa, guest of Senator
  McKibben.

  The Journal of Monday, January 22, 2001, was approved.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:17 a.m.
  until 9:00 a.m. Wednesday, January 24, 2001.
  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:

  January 23, 2001

  DEPARTMENT OF HUMAN SERVICES

  Report to the Legislature on child care reimbursement alternatives, pursuant
  to
  2000 Acts, Senate File 2344, section 17.

  DEPARTMENT OF PUBLIC HEALTH

  2000 Iowa Domestic Abuse Death Review Team Annual Report, pursuant to Iowa
  Code section 135.10(1).

  STATE PSEUDORABIES ADVISORY COMMITTEE

  Official 2001 Report on Calendar Year 2000 Activities-January 15, 2001.

  CERTIFICATES OF RECOGNITION

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

  Matthew Lechtenberg, Ossian - For achieving the rank of Eagle Scout.
  Senator
  Zieman (01/23/01).

  Brian S. McVey, Fort Madison - For achieving the rank of Eagle Scout.
  Senator
  Fraise (01/23/01).

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  January 22, 2001, 3:40 p.m.

  Members Present:  Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member; Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby,
  Maddox,
  McCoy, Redfern, and Redwine.

  Members Absent:  None.

  Committee Business:  Presentation by Allan Thoms, Chair of the Iowa Utility
  Board.
  Adjourned:  4:40 p.m.

  HUMAN RESOURCES

  Convened:  January 22, 2001, 2:39 p.m.

  Members Present:  Redwine, Chair; Tinsman, Vice Chair; Bartz, Behn,
  Boettger,
  Dvorsky, Harper, Holveck, Miller, Schuerer, and Veenstra.

  Members Absent:  Hammond, Ranking Member, and Shearer (both excused).

  Committee Business:  Presentation by Jessie Rasmussen, Director of the
  Department of Human Services.

  Adjourned:  3:32 p.m.

  WAYS AND MEANS

  Convened:  January 22, 2001, 6:14 p.m.

  Members Present:  McKibben, Chair; McKinley, Vice Chair; Harper, Ranking
  Member; Bolkcom, Connolly, Deluhery, Drake, Flynn, Greiner, Holveck,
  Lamberti,
  Maddox, Miller, Redwine, and Rehberg.

  Members Absent:  None.

  Committee Business:  Approved SSB 1013 and passed SF 20.

  Adjourned:  7:05 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  January 23, 2001, 9:28 a.m.

  Members Present:  Schuerer, Chair; Bartz, Vice Chair; Flynn, Ranking Member;
  Hansen and Zieman.

  Members Absent:  None.

  Committee Business:  Presentations by the Department of General Services and
  the
  Department of Revenue and Finance.

  Adjourned:  11:39 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  January 23, 2001, 9:39 a.m.

  Members Present:  Gaskill, Chair; Sexton, Vice Chair; Black, Ranking Member;
  Fink
  and Greiner.
  Members Absent:  None.

  Committee Business:  Update on the status of pseudorabies and a brief
  discussion of
  Johne's disease by State Veterinarian, Dr. John Schiltz.

  Adjourned:  10:11 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  January 23, 2001, 9:34 a.m.

  Members Present:  Behn, Chair; Miller, Vice Chair; Fiegen, Ranking Member;
  Holveck and McKinley.

  Members Absent:  None.

  Committee Business:  Presentation by the Department of Economic Development
  on
  the New Economy Fund for Iowa.

  Adjourned:  11:15 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  January 23, 2001, 9:36 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentation by Sharman Smith, State Librarian, on Open
  Access, Access Plus, and Enrich Iowa.  Presentation by the
  Cass/Mills/Montgomery
  Empowerment Agency.

  Recessed:  10:35 a.m.

  Reconvened:  10:41 a.m.

  Adjourned:  11:20 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 23, 2001, 9:36 a.m.

  Members Present:  Tinsman, Chair; Johnson, Vice Chair; Bolkcom, Ranking
  Member; Dearden and Rittmer.

  Members Absent:  None.

  Committee Business:  Budgets presented for Department of Public Health and
  Veterans' Affairs.
  Adjourned:  11:38 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  January 23, 2001, 9:45 a.m.

  Members Present:  Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Harper and Redwine.

  Members Absent:  None.

  Committee Business:  Update by Kris Bell, Empowerment Coordinator, and
  presentation on Fatherhood Initiative.

  Adjourned:  11:59 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  January 23, 2001, 9:37 a.m.

  Members Present:  Angelo, Chair; Dvorsky, Ranking Member; Fraise and Maddox.

  Members Absent:  McKean, Vice Chair.

  Committee Business:  Presentation by Department of Public Safety.

  Adjourned:  11:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  January 23, 2001, 9:35 a.m.

  Members Present:  Jensen, Chair; Soukup, Ranking Member; Connolly and
  McKibben.

  Members Absent:  Lamberti, Vice Chair (excused).

  Committee Business:  Presentation of FY 2002 Governor's recommendations by
  the
  Legislative Fiscal Bureau.

  Adjourned:  10:37 a.m.

  AGRICULTURE

  Convened:  January 23, 2001, 8:08 a.m.

  Members Present:  McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Veenstra,
  and
  Zieman.

  Members Absent:  Black and Soukup.
  Committee Business:  Approved SSBs 1031 and 1032.

  Adjourned:  8:58 a.m.

  APPROPRIATIONS

  Convened:  January 23, 2001, 5:10 p.m.

  Members Present:  Lamberti, Chair; Kramer, Vice Chair; Flynn, Ranking
  Member;
  Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Gaskill, Hammond,
  Horn,
  Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman,
  Veenstra, and Zieman.

  Members Absent:  Fiegen (excused).

  Committee Business:  Approved SSB 1014 (as amended) and passed SF 8 (as
  amended).

  Adjourned:  6:00 p.m.

  BUSINESS AND LABOR RELATIONS

  Convened:  January 23, 2001, 1:05 p.m.

  Members Present:  Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking
  Member;
  Behn, Fraise, Hammond, Horn, King, Lundby, McKibben, and Schuerer.

  Members Absent:  None.

  Committee Business:  Subcommittee assignments.

  Adjourned:  1:50 p.m.

  EDUCATION

  Convened:  January 23, 2001, 12:35 p.m.

  Members Present:  Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member; Angelo, Dvorsky, Fink, Harper, Kramer, McKinley, Redfern, Redwine,
  Shearer, Soukup, Tinsman, and Veenstra.

  Members Absent:  None.

  Committee Business:  Panel discussion on teacher preparation program.

  Adjourned:  2:00 p.m.

  JUDICIARY

  Convened:  January 23, 2001, 3:05 p.m.
  Members Present:  Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking
  Member;
  Angelo, Boettger, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean,
  Miller,
  and Tinsman.

  Members Absent:  Fiegen (excused).

  Committee Business:  Passed SF 21.

  Adjourned:  3:21 p.m.

  LOCAL GOVERNMENT

  Convened:  January 23, 2001, 2:05 p.m.

  Members Present:  Miller, Chair; Angelo, Vice Chair; Hansen, Ranking Member;
  Bartz, Fraise, Gaskill, Hammond, Johnson, McCoy, McKibben, Schuerer, and
  Zieman.

  Members Absent:  Horn.

  Committee Business:  Presentation on land use by Stuart Huntington, ISU.

  Adjourned:  2:55 p.m.

  STATE GOVERNMENT

  Convened:  January 23, 2001, 2:13 p.m.

  Members Present:  King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member;
  Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren,
  Rittmer, and Sexton.

  Members Absent:  Connolly (excused).

  Committee Business:  Passed SF 32.

  Adjourned:  2:40 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 2, by McKean, a resolution honoring Grand
  Ole Opry singer Wilma Lee Cooper.

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

  Senate File 52, by King, a bill for an act increasing the dependent
  credit under the individual income tax and including a retroactive
  applicability date provision.

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

  Senate File 53, by Bolkcom, Fink, and Lundby, a bill for an act
  requiring Iowa national pollutant discharge elimination system
  program permit holders to post signs at discharge points and
  providing a penalty.

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

  Senate File 54, by Dearden, a bill for an act establishing an age
  ceiling for hiring fire fighters and peace officers.

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

  Senate File 55, by Angelo, a bill for an act relating to the
  disclosure of ownership of a funeral or cremation establishment.

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

  Senate File 56, by Rehberg, a bill for an act relating to the
  treatment of corporate dividends under the corporate income and
  franchise taxes and including a retroactive applicability date
  provision.

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

  Senate File 57, by Jensen, a bill for an act relating to approval of
  city ordinances granting certain utility franchises.
  Read first time under Rule 28 and referred to committee on Local
  Government.

  Senate File 58, by committee on Ways and Means, a bill for an
  act relating to the exemption from the sales and use taxes of the gross
  receipts from the sale, furnishing, or service of metered gas and of
  fuel used in residential-type dwellings and including an effective
  date.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  Senate File 59, by committee on Ways and Means, a bill for an
  act phasing out the tax on social security benefits under the state
  individual income tax and including a retroactive applicability date
  provision.

  Read first time under Rule 28 and placed on Ways and Means
  calendar.

  Senate File 60, by Maddox, a bill for an act relating to the
  mandatory certification of real estate appraisers and providing
  exceptions.

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

  Senate File 61, by committee on Agriculture, a bill for an act
  relating to industrial hemp, by providing for its production,
  harvesting, and marketing, and providing penalties.

  Read first time under Rule 28 and placed on calendar.

  Senate File 62, by committee on Agriculture, a bill for an act
  relating to the processing and distribution of honey in residences.

  Read first time under Rule 28 and placed on calendar.

  Senate File 63, by committee on Judiciary, a bill for an act
  relating to child endangerment violations and injuries to a child and
  providing penalties.
  Read first time under Rule 28 and placed on calendar.

  Senate File 64, by Kibbie, a bill for an act relating to confinement
  feeding operations by providing for the siting of certain operations,
  imposing requirements relating to construction permits, and making
  penalties applicable.

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

  Senate File 65, by committee on Appropriations, a bill for an act
  providing supplemental funding for the low-income home energy
  assistance program for the fiscal year beginning July 1, 2000, and
  providing an effective date.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  Senate File 66, by committee on Appropriations, a bill for an act
  relating to state general fund expenditure limitation requirements for
  transmission of the state budget by the governor and passage of the
  state budget by the general assembly.

  Read first time under Rule 28 and placed on Appropriations
  calendar.

  STUDY BILLS RECEIVED

  SSB 1034	Judiciary

  Relating to a person eighteen years of age or older within the
  jurisdiction of the juvenile court.

  SSB 1035	Judiciary

  Relating to the disclosure of certain information by persons
  engaged in the selling or leasing of goods or services via the internet.
  SSB 1036	Judiciary

  Applying child in need of assistance and child abuse provisions to
  a child in whose presence a controlled substance has been
  manufactured or possessed by the child's parent, guardian, or
  custodian.

  SSB 1037	Judiciary

  Relating to limitations on filing medical assistance claims against
  a decedent's estate.

  SSB 1038	Judiciary

  Relating to insurance fraud by false statement or representation of
  a material fact and making a penalty applicable.

  SSB 1039	Ways and Means

  Relating to the allocation to Iowa of income earned by an
  S corporation, for purposes of the state individual income tax, and
  including a retroactive applicability date provision.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 37

  LOCAL GOVERNMENT:  Angelo, Chair; McCoy and Zieman

  Senate File 40

  WAYS AND MEANS:  McKinley, Chair; Deluhery and Maddox

  Senate File 41

  WAYS AND MEANS:  Lamberti, Chair; Flynn and Greiner

  Senate File 44

  APPROPRIATIONS:  Angelo, Chair; Horn and Kramer

  Senate File 46

  WAYS AND MEANS:  McKinley, Chair; Bolkcom and Greiner
  Senate File 52

  WAYS AND MEANS:  Greiner, Chair; Connolly and Lamberti

  Senate File 56

  WAYS AND MEANS:  Miller, Chair; Bolkcom and Lamberti

  SSB 1022
  (Reassignment)

  EDUCATION:  McKinley, Chair; Dvorsky and Redwine

  SSB 1034

  JUDICIARY:  Miller, Chair; Hammond and Redfern

  SSB 1035

  JUDICIARY:  Angelo, Chair; Fraise and King

  SSB 1036

  JUDICIARY:  Miller, Chair; Hammond and Tinsman

  SSB 1037

  JUDICIARY:  Redfern, Chair; Hansen and King

  SSB 1038

  JUDICIARY:  McKean, Chair; Angelo and Holveck

  SSB 1039

  WAYS AND MEANS:  McKinley, Chair; Deluhery and McKibben

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  *SENATE FILE 61 (SSB 1031), a bill for an act relating
  to
  industrial hemp, by providing for its production, harvesting, and marketing,
  and
  providing penalties.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McLaren, Behn, Fraise, Angelo, Bartz, Fiegen,
  Gaskill, Kibbie,
  Sexton, Shearer, Veenstra, and Zieman.  Nays, 1:  Greiner.  Absent or not
  voting, 2:
  Black and Soukup.
  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 Agriculture Committee on Senate File 61, and
  they were
  attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 62 (SSB 1032), a bill for an act relating
  to the
  processing and distribution of honey in residences.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McLaren, Behn, Fraise, Angelo, Bartz, Fiegen,
  Gaskill,
  Greiner, Kibbie, Shearer, Veenstra, and Zieman.  Nays, 1:  Sexton.  Absent
  or not
  voting, 2:  Black and Soukup.

  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 Agriculture Committee on Senate File 62, and
  they were
  attached to the committee report.

  APPROPRIATIONS

  Final Bill Action:  *SENATE FILE 65 (SSB 1014), a bill for an act providing
  supplemental funding for the low-income home energy assistance program for
  the fiscal
  year beginning July 1, 2000, and providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 24:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Gaskill, Hammond, Horn, Jensen, King, Lundby,
  McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
  Nays, none.  Absent or not voting, 1:  Fiegen.

  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 Appropriations Committee on Senate File 65,
  and they
  were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 66 (formerly SF 8), a bill for an act
  relating to
  state general fund expenditure limitation requirements for transmission of
  the state
  budget by the governor and passage of the state budget by the general
  assembly.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 24:  Lamberti, Kramer, Flynn, Angelo, Behn, Black,
  Bolkcom,
  Connolly, Deluhery, Dvorsky, Gaskill, Hammond, Horn, Jensen, King, Lundby,
  McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman.
  Nays, none.  Absent or not voting, 1:  Fiegen.

  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 Appropriations Committee on Senate File 66,
  and they
  were attached to the committee report.

  JUDICIARY

  Final Bill Action:  SENATE FILE 63 (formerly SF 21), a bill for an act
  relating to
  child endangerment violations and injuries to a child and providing
  penalties.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Maddox, Redfern, Holveck, Angelo, Boettger, Fraise,
  Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays,
  none.
  Absent or not voting, 1:  Fiegen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 32, a bill for an act relating to the
  discontinuation
  of gambling operations after a referendum of disapproval and providing an
  effective
  date.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  King, Lamberti, Kibbie, Bolkcom, Dearden, Deluhery,
  Drake,
  Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton.  Nays, none.
  Absent
  or not voting, 1:  Connolly.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  SENATE FILE 58 (SSB 1013), a bill for an act relating to
  the
  exemption from the sales and use taxes of the gross receipts from the sale,
  furnishing,
  or service of metered gas and of fuel used in residential-type dwellings and
  including
  an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  McKibben, McKinley, Harper, Bolkcom, Connolly,
  Deluhery,
  Drake, Flynn, Greiner, Holveck, Lamberti, Maddox, Miller, Redwine, and
  Rehberg.
  Nays, none.  Absent or not voting, none.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  SENATE FILE 59 (formerly SF 20), a bill for an act
  phasing out
  the tax on social security benefits under the state individual income tax
  and including
  a retroactive applicability date provision.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McKibben, McKinley, Deluhery, Drake, Flynn, Greiner,
  Holveck, Lamberti, Maddox, Miller, Redwine, and Rehberg.  Nays, 3:  Harper,
  Bolkcom, and Connolly.  Absent or not voting, none.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.
  126	JOURNAL OF THE SENATE	16th Day
  16th Day	TUESDAY, JANUARY 23, 2001	125

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