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SEVENTEENTH CALENDAR DAY ELEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, January 24, 2001 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by the Reverend Donna Joseph, pastor of the Unity Lutheran Church in Des Moines, Iowa, guest of Senator Dearden. The Journal of Tuesday, January 23, 2001, was approved. RECESS On motion of Senator Iverson, the Senate recessed at 9:16 a.m. until 5:15 p.m. APPENDIX COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau: January 24, 2001 IOWA UTILITIES BOARD Report on a study of issues relating to railroad rights-of-way crossings by utilities, pursuant to 2000 Acts, Senate Concurrent Resolution 119. DEPARTMENT OF PUBLIC SAFETY 1999 Rate Comparisons (an excerpt from the FBI's national publication entitled Crime in the United States: 1999). CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Jeff Derner, Milford - For achieving the rank of Eagle Scout. Senator Kibbie (01/24/01). Matthew Lockey, Milford - For achieving the rank of Eagle Scout. Senator Kibbie (01/24/01). Rhonda Millhollin, Corning - For being commissioned to create the "Iowa Oak Leaf Bowl." Senator Angelo (01/18/01). Matt Sewell, Milford - For achieving the rank of Eagle Scout. Senator Kibbie (01/24/01). REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: January 24, 2001, 10:18 a.m. Members Present: Schuerer, Chair; Bartz, Vice Chair; Flynn, Ranking Member; Hansen and Zieman. Members Absent: None. Committee Business: Presentations by the Office of the Governor, Auditor of State, Department of Management, and Ethics Campaign Disclosure Board. Adjourned: 11:34 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: January 24, 2001, 10:12 a.m. Members Present: Gaskill, Chair; Sexton, Vice Chair; Black, Ranking Member; Fink and Greiner. Members Absent: None. Committee Business: Discussed the destination park proposal and the reorganization of the state parks. Adjourned: 11:17 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: January 24, 2001, 10:20 a.m. Members Present: Behn, Chair; Miller, Vice Chair; Fiegen, Ranking Member; Holveck and McKinley. Members Absent: None. Committee Business: Discussed FY 2000 Community Attractions and Tourism Program and tourism issues. Adjourned: 11:10 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: January 24, 2001, 10:20 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Horn, Ranking Member; Kibbie and McLaren. Members Absent: None. Committee Business: Presentation on the College Student Aid Commission. Adjourned: 11:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: January 24, 2001, 10:20 a.m. Members Present: Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Harper and Redwine. Members Absent: None. Committee Business: Presentations and discussion concerning the extension of the contract between the Department of Human Services and Merit Behavior Care of Iowa. Adjourned: 11:54 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: January 24, 2001, 10:15 a.m. Members Present: Angelo, Chair, Fraise and Maddox. Members Absent: McKean, Vice Chair, and Dvorsky, Ranking Member. Committee Business: Presentation by Commissioner Westfall, Department of Public Safety. Adjourned: 11:33 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: January 24, 2001, 10:12 a.m. Members Present: Lundby, Chair; King, Vice Chair; Deluhery, Ranking Member; Freeman and Shearer. Members Absent: None. Committee Business: Presentation of Information Technology Department budget. Adjourned: 11:35 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: January 24, 2001, 10:15 a.m. Members Present: Jensen, Chair; Soukup, Ranking Member; Connolly and McKibben. Members Absent: Lamberti, Vice Chair (excused). Committee Business: Presentation by Department of Corrections. Adjourned: 11:24 a.m. ETHICS Convened: January 24, 2001, 3:07 p.m. Members Present: Drake, Chair; McKean, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, and Rittmer. Members Absent: None. Committee Business: Approved SSBs 1010 and 1011. Adjourned: 3:20 p.m. HUMAN RESOURCES Convened: January 24, 2001, 2:10 p.m. Members Present: Redwine, Chair; Tinsman, Vice Chair; Hammond, Ranking Member; Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Members Absent: None. Committee Business: Presentation on the Childhood Lead Poisoning Prevention Program by the Department of Public Health. Adjourned: 3:00 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: January 24, 2001, 1:10 p.m. Members Present: Sexton, Chair; Bartz, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Lundby, McLaren, Miller, and Rittmer. Members Absent: None. Committee Business: Update on air quality and open burning ban by Division Administrator of the Environmental Protection Division. Passed HF 43. Adjourned: 2:01 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: January 24, 2001, 1:05 p.m. Members Present: Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking Member; Behn, Fiegen, Flynn, Gaskill, Greiner, Holveck, Lamberti, McKinley, and Veenstra. Members Absent: Dvorsky (excused). Committee Business: Passed SF 30. Adjourned: 1:20 p.m. INTRODUCTION OF BILLS Senate File 67, by Johnson, a bill for an act prohibiting the installation, distribution, or sale of nonoperative air bags and providing a penalty. Read first time under Rule 28 and referred to committee on Transportation. Senate File 68, by Lamberti, a bill for an act relating to forcible entry and detainer actions in small claims court following a default on a contract for deed and when a defendant continues in possession after foreclosure. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 69, by Hammond, Dearden, Harper, and Bolkcom, a bill for an act requiring rest and lunch breaks during work for certain employees and providing penalties. Read first time under Rule 28 and referred to committee on Business and Labor Relations. Senate File 70, by Kramer, Freeman, McCoy, McLaren, Johnson, Bolkcom, and Boettger, a bill for an act providing for the establishment of a commission on the status of Iowans of Asian and Pacific Islander heritage within the department of human rights. Read first time under Rule 28 and referred to committee on Business and Labor Relations. Senate File 71, by Drake, a bill for an act relating to motor vehicle registration fees for certain vehicles and providing an effective date. Read first time under Rule 28 and referred to committee on Transportation. Senate File 72, by Gronstal, a bill for an act relating to the residency requirements for city civil service employees. Read first time under Rule 28 and referred to committee on Local Government. STUDY BILLS RECEIVED SSB 1040 Business and Labor Relations Extending the community college vocational-technical technology improvement program, and making an appropriation. SSB 1041 Ways and Means Relating to the taxation of garages and other appurtenances located on mobile home sites. SSB 1042 Ways and Means Relating to the definition of factory-built structures, the relocation of factory-built structures, the certification of installers of manufactured homes, and providing a fee, an appropriation, and a civil penalty. SSB 1043 Small Business, Economic Development, and Tourism Relating to life science products, and providing an effective date. SSB 1044 Small Business, Economic Development, and Tourism Amending the strategic planning duties of the Iowa economic development board. SSB 1045 Transportation Relating to grants of permission for the laying of certain utility mains in, under, or along highways. SSB 1046 Transportation Making corrective transportation-related Code changes relating to temporary restricted permits and temporary entry and exit permits, child restraint devices in motor vehicles, unsatisfied judgments, and bulk liquid transport. SSB 1047 Transportation Relating to transportation, including provisions on road construction and maintenance projects, vehicle sales, movement, and reports, and mailing of notices. SSB 1048 Agriculture Relating to contamination by certain genetically modified grain crops, providing for liability, and making penalties applicable. SSB 1049 Ways and Means Updating the Iowa Code references to the Internal Revenue Code, increasing the minimum filing income requirement for dependents, lowering the threshold amount for making estimated payments for corporations and financial institutions, increasing the estimated tax payment standard for assessing a penalty for corporations and financial institutions, and providing retroactive applicability dates and an effective date. SUBCOMMITTEE ASSIGNMENTS Senate File 33 TRANSPORTATION: Zieman, Chair; Fraise and McLaren Senate File 47 COMMERCE: Lundby, Chair; Bolkcom and Schuerer Senate File 51 AGRICULTURE: Bartz, Chair; Kibbie and Sexton Senate File 53 NATURAL RESOURCES AND ENVIRONMENT: Sexton, Chair; Bartz and Black Senate File 57 LOCAL GOVERNMENT: Gaskill, Chair; Hansen and Zieman Senate File 64 AGRICULTURE: McLaren, Chair; Greiner and Shearer SSB 1040 BUSINESS AND LABOR RELATIONS: Lundby, Chair; Greiner and Hammond SSB 1041 WAYS AND MEANS: McKibben, Chair; Deluhery and Miller SSB 1042 WAYS AND MEANS: Drake, Chair; Harper and Rehberg SSB 1043 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Lamberti, Chair; Dvorsky and Zieman SSB 1044 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Behn, Chair; Gaskill and Holveck SSB 1045 TRANSPORTATION: McKinley, Chair; McCoy and Zieman SSB 1046 TRANSPORTATION: Rittmer, Chair; Kibbie and Sexton SSB 1047 TRANSPORTATION: Drake, Chair; Jensen and McCoy SSB 1048 AGRICULTURE: McLaren, Chair; Gaskill and Kibbie SSB 1049 WAYS AND MEANS: Deluhery, Chair; McKinley and Rehberg AFTERNOON SESSION The Senate reconvened at 5:15 p.m., President Kramer presiding. QUORUM CALL Senator Lundby requested a nonrecord roll call to determine that a quorum was present. The vote revealed 43 present, 7 absent, and a quorum present. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on January 24, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 1, a bill for an act relating to the exemption during a certain period 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 and attached to similar Senate File 58. The Senate stood at ease at 5:18 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 6:03 p.m., President Kramer presiding. CONSIDERATION OF BILL (Appropriations Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 65. Senate File 65 On motion of Senator Tinsman, Senate File 65, 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, was taken up for consideration. Senator Flynn offered amendment S-3004, filed by Senator Flynn, et al., from the floor to pages 1-3 and to the title page of the bill. Senator Flynn moved the adoption of amendment S-3004 and requested a record roll call. On the question "Shall amendment S-3004 be adopted?" (S.F. 65), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Amendment S-3004 lost. Senator Shearer offered amendment S-3003, filed by Senator Shearer, et al., from the floor to page 3 of the bill, and called for the following division: Division S-3003A: Lines 2-16. Division S-3003B: Lines 17-26. Senator Shearer moved the adoption of division S-3003A and requested a record roll call. On the question "Shall division S-3003A be adopted?" (S.F. 65), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Division S-3003A lost. Senator Shearer moved the adoption of division S-3003B and requested a record roll call. On the question "Shall division S-3003B be adopted?" (S.F. 65), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Nays, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, none. Division S-3003B lost. Senator Tinsman 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. 65), the vote was: Ayes, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie McCoy Shearer Soukup Absent or not voting, none. 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 65 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 7:25 p.m. until 9:00 a.m. Thursday, January 25, 2001. APPENDIX SIMILAR BILL RECEIVED On January 24, 2001, House File 1 was received and attached to similar Senate File 58 on the Senate calendar. REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: January 24, 2001, 4:10 p.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Members Absent: None. Committee Business: Approved SSB 1048. Adjourned: 4:25 p.m. COMMERCE Convened: January 24, 2001, 3:10 p.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Maddox, Redfern, and Redwine. Members Absent: Lundby and McCoy (both excused). Committee Business: Passed SJR 1. Presentations by the Superintendent of Credit Unions and the Insurance Commissioner. Adjourned: 4:05 p.m. RULES AND ADMINISTRATION Convened: January 24, 2001, 5:05 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking Member; Boettger, Dvorsky, Gaskill, Harper, and McKean. Members Absent: Fink, Johnson, and Rittmer (all excused). Committee Business: Passed SR 2 and passed Senate pay resolution. Adjourned: 5:09 p.m. STATE GOVERNMENT Convened: January 24, 2001, 11:38 a.m. Members Present: King, Chair; Kibbie, Ranking Member; Bolkcom, Dearden, Deluhery, Drake, Fink, Jensen, McKean, and Sexton. Members Absent: Lamberti, Vice Chair; Connolly, Maddox, McLaren, and Rittmer (all excused). Committee Business: Presentations and discussion on election laws. Adjourned: 12:55 p.m. TRANSPORTATION Convened: January 24, 2001, 2:10 p.m. Members Present: Rittmer, Chair; Drake, Vice Chair; Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, McLaren, Sexton, and Zieman. Members Absent: McCoy, Ranking Member (excused). Committee Business: Presentation by Mark Wandro on Department of Transportation projects and activities. Adjourned: 3:00 p.m. INTRODUCTION OF RESOLUTIONS Senate Concurrent Resolution 5, by committee on Rules and Administration, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-ninth general assembly. Read first time under Rule 28 and placed on calendar. Senate Resolution 3, by committee on Ethics, a resolution relating to the senate rules governing lobbyists and their interactions with the senate and members of the senate during the seventy-ninth general assembly. Read first time under Rule 28 and placed on calendar. INTRODUCTION OF BILLS Senate File 73, by Angelo, Johnson, and McKinley, a bill for an act relating to the annual appropriation for livestock production tax credit claims. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 74, by Kibbie, a bill for an act relating to the collection and use of tonnage fees for the disposal of solid waste, and providing an effective date. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 75, by Redfern, a bill for an act exempting the provision of environmental laboratory services from state sales and use taxes. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 76, by Rittmer, a bill for an act relating to a time trade of work hours to allow a fire fighter to become an officer in a chartered statewide organization or local association for fire department personnel and providing an effective date. Read first time under Rule 28 and referred to committee on Local Government. COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE JOINT RESOLUTION 1, a joint resolution to nullify an administrative rule of the department of commerce, alcoholic beverages division, relating to activities that do not constitute an interest in ownership, conduct, or operation of a retailer by an alcoholic beverage industry member, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: Johnson, Schuerer, Deluhery, Bolkcom, Freeman, Gronstal, Hansen, Jensen, King, Maddox, Redfern, and Redwine. Nays, none. Absent or not voting, 3: Flynn, Lundby, and McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ETHICS Final Bill Action: SENATE RESOLUTION 3 (SSB 1011), a resolution relating to the senate rules governing lobbyists and their interactions with the senate and members of the senate during the seventy-ninth general assembly. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: Drake, McKean, Kibbie, Connolly, Dearden, and Rittmer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 43, a bill for an act relating to the rulemaking authority of the natural resource commission regarding the taking and possession of migratory birds. Recommendation: DO PASS. Final Vote: Ayes, 9: Sexton, Bartz, Dearden, Deluhery, Johnson, Kibbie, McLaren, Miller, and Rittmer. Nays, 6: Fink, Black, Bolkcom, Drake, Freeman, and Lundby. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. RULES AND ADMINISTRATION Final Bill Action: SENATE CONCURRENT RESOLUTION 5, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-ninth general assembly. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Gaskill, Harper, and McKean. Nays, none. Absent or not voting, 3: Fink, Johnson, and Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 2, a resolution honoring Grand Ole Opry singer Wilma Lee Cooper. Recommendation: DO PASS. Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Boettger, Dvorsky, Gaskill, Harper, and McKean. Nays, none. Absent or not voting, 3: Fink, Johnson, and Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Final Bill Action: SENATE FILE 30, a bill for an act relating to information included in written promotional materials distributed by the department of economic development. Recommendation: DO PASS. Final Vote: Ayes, 8: Rehberg, Zieman, Behn, Gaskill, Greiner, Lamberti, McKinley, and Veenstra. Nays, 4: Shearer, Fiegen, Flynn, and Holveck. Absent or not voting, 1: Dvorsky. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3001 S.F. 58 Larry McKibben S-3002 H.F. 1 Larry McKibben Mike Connolly Jeff Lamberti S-3003 S.F. 65 Mark Shearer Thomas Fiegen Jack Holveck Tom Flynn Patrick J. Deluhery Joe Bolkcom Mike Connolly Steven D. Hansen Bill Fink Patricia Harper Robert E. Dvorsky Johnie Hammond Michael E. Gronstal Betty A. Soukup S-3004 S.F. 65 Tom Flynn Patrick J. Deluhery Joe Bolkcom Bill Fink Mike Connolly Patricia Harper Robert E. Dvorsky Johnie Hammond Michael E. Gronstal Dennis H. Black John P. Kibbie Mark Shearer Jack Holveck Eugene S. Fraise 140 JOURNAL OF THE SENATE 17th Day 17th Day WEDNESDAY, JANUARY 24, 2001 141
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