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TWENTY-FOURTH CALENDAR DAY FIFTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, January 31, 2001 The Senate met in regular session at 9:02 a.m., President Pro Tempore McKean presiding. Prayer was offered by the Reverend Terry Roberts, pastor of the Trinity Christian Church in Decatur, Iowa, guest of Senator Angelo. The Journal of Tuesday, January 30, 2001, was approved. 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 January 30, 2001, amended and passed the following bill in which the concurrence of the Senate is asked: 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. (S-3009) ALSO: That the House has on January 30, 2001, concurred in the Senate amendment and passed the following bill in which the concurrence of the House was 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. RECESS On motion of Senator Iverson, the Senate recessed at 9:17 a.m. until 5:00 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 31, 2001 OFFICE OF THE GOVERNOR State of Iowa Five Year Capitals Projects Plan (fiscal years 2002 through 2006), pursuant to Iowa Code chapter 8.3A. DEPARTMENT OF HUMAN RIGHTS 29th Annual Report of the Iowa Commission on the Status of Women. BOARD OF VETERINARY MEDICINE Report on the framework for the Veterinary Clinic Certification Program, pursuant to 2000 Acts, Senate File 419. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Larry Bettis, Centerville - For being named the Centerville Citizen of the Year for the year 2000. Senator McKinley (01/31/01). REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: January 31, 2001, 9:40 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 Revenue and Finance and the Superintendent of Spirit Lake Community Schools. Adjourned: 10:35 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: January 31, 2001, 9:40 a.m. Members Present: Sexton, Vice Chair; Black, Ranking Member; Fink and Greiner. Members Absent: Gaskill, Chair (excused). Committee Business: Update on the closure of agriculture drainage wells by Jim Gulliford, Department of Agriculture and Land Stewardship. Adjourned: 10:20 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: January 31, 2001, 9:38 a.m. Members Present: Behn, Chair; Miller, Vice Chair; Fiegen, Ranking Member; Holveck and McKinley. Members Absent: None. Committee Business: Presentation by Iowa Workforce Development. Adjourned: 11:05 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: January 31, 2001, 9:35 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Horn, Ranking Member; Kibbie and McLaren. Members Absent: None. Committee Business: Presentations by representatives of the Iowa School for the Deaf, the Iowa Braille and Sight Saving School, and the Board of Regents. Adjourned: 11:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: January 31, 2001, 9:38 a.m. Members Present: Tinsman, Chair; Johnson, Vice Chair; Bolkcom Ranking Member; and Dearden. Members Absent: Rittmer (excused). Committee Business: Presentations by Dr. Steven Gleason, Director of the Department of Public Health; Janet Zwick, Gamblers Treatment Fund; and Wes Ehrecke, Iowa Gaming Association. Adjourned: 11:32 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: January 31, 2001, 9:44 a.m. Members Present: Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Harper and Redwine. Members Absent: None. Committee Business: Presentations on electronic benefits transfer and temporary assistance for needy families reauthorization. Adjourned: 12:05 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: January 31, 2001, 9:40 a.m. Members Present: Angelo, Chair; McKean, Vice Chair; Dvorsky, Ranking Member; Fraise and Maddox. Members Absent: None. Committee Business: Presentations by Kip Kautzky, Director of the Department of Corrections; Chuck Larson, Sr., Chairman of the Board of Parole; Jim Twedt, Administrative Law Judge; and Susan Cameron, Iowa State Sheriffs and Deputies Association. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: January 31, 2001, 10:00 a.m. Members Present: Lundby, Chair; King, Vice Chair; Deluhery, Ranking Member; Freeman and Shearer. Members Absent: None. Committee Business: Report on the management of the three state data centers by the Department of Management. Adjourned: 10:45 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: January 31, 2001, 9:38 a.m. Members Present: Jensen, Chair; Soukup, Ranking Member; Connolly, and McKibben. Members Absent: Lamberti, Vice Chair (excused). Committee Business: Presentation by the Department of Economic Development. Adjourned: 10:23 a.m. BUSINESS AND LABOR RELATIONS Convened: January 31, 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: Passed SF 13. Presentation on Child Care Coalition. Adjourned: 2:00 p.m. COMMERCE Convened: January 31, 2001, 3:05 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: Approved SSBs 1054 and 1055. Presentation by Superintendent of Banking, Holmes Foster. Adjourned: 3:50 p.m. EDUCATION Convened: January 31, 2001, 1:03 p.m. Members Present: Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Fink, Harper, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra. Members Absent: Dvorsky and Kramer (both excused). Committee Business: Passed SF 39 (as amended). Adjourned: 1:10 p.m. HUMAN RESOURCES Convened: January 31, 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: Passed SF 23 and approved SSB 1020. Adjourned: 2:55 p.m. TRANSPORTATION Convened: January 31, 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 Department of Transportation regarding a study on implements of husbandry. Passed SF 71. Adjourned: 2:50 p.m. INTRODUCTION OF BILLS Senate File 94, by committee on Judiciary, a bill for an act creating a new criminal offense of escape from custody by a sexually violent predator civilly committed to confinement and providing a penalty. Read first time under Rule 28 and placed on calendar. Senate File 95, by Holveck, Bolkcom, Hammond, Shearer, Kibbie, Harper, Dvorsky, Dearden, Drake, and Lundby, a bill for an act relating to the process for restoring for certain persons the right to register to vote and to vote. Read first time under Rule 28 and referred to committee on State Government. Senate File 96, by Lamberti, 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 referred to committee on State Government. Senate File 97, by Boettger, a bill for an act relating to types of regulated containers and reimbursement amounts under the beverage container control law. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. STUDY BILLS RECEIVED SSB 1068 Local Government Relating to local government fiscal reform and providing authority for bonding. SSB 1069 Human Resources Relating to the establishment of a prescription drug assistance program. SSB 1070 Human Resources Relating to the registration requirements for persons who manufacture, prescribe, distribute, administer, or dispense controlled substances. SSB 1071 Human Resources Relating to the inadmissibility of benevolent gestures as evidence in a civil action. SSB 1072 Judiciary Establishing child endangerment offenses for certain criminal acts committed in the presence of a child of minor. SSB 1073 Judiciary Relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates. SSB 1074 Ways and Means Providing for a partial deduction under the individual income tax for the capital gain from the sale or exchange of capital stock of a corporation which was acquired by an individual on account of employment by the corporation or while employed by the corporation and including an effective and retroactive applicability date provision. SSB 1075 Ways and Means Providing for a tax levy for the county hospital fund in certain counties and providing an effective date. SSB 1076 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. SUBCOMMITTEE ASSIGNMENTS Senate File 75 WAYS AND MEANS: Rehberg, Chair; Holveck and McKinley Senate File 79 WAYS AND MEANS: Greiner, Chair; Connolly and Miller Senate File 86 WAYS AND MEANS: Drake, Chair; Harper and Redwine Senate File 87 WAYS AND MEANS: Maddox, Chair; Connolly and Lamberti Senate File 88 WAYS AND MEANS: Lamberti, Chair; Flynn and Miller Senate File 91 WAYS AND MEANS: Drake, Chair; Bolkcom and Redwine SSB 1068 LOCAL GOVERNMENT: Bartz, Chair; Angelo, Fraise, Horn, and Schuerer SSB 1069 HUMAN RESOURCES: Boettger, Chair; Shearer and Veenstra SSB 1070 HUMAN RESOURCES: Behn, Chair; Dvorsky and Redwine SSB 1071 HUMAN RESOURCES: Veenstra, Chair; Hammond and Miller SSB 1072 JUDICIARY: Miller, Chair; Boettger and Hansen SSB 1073 WAYS AND MEANS: Fiegen, Chair; Maddox and Redfern SSB 1074 WAYS AND MEANS: McKibben, Chair; Flynn and Lamberti SSB 1075 WAYS AND MEANS: McKibben, Chair; Harper and Maddox SSB 1076 WAYS AND MEANS: Greiner, Chair; Bolkcom and McKinley COMMITTEE REPORTS JUDICIARY Final Bill Action: SENATE FILE 94 (SSB 1026), a bill for an act creating a new criminal offense of escape from custody by a sexually violent predator civilly committed to confinement and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Fraise, Hammond, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 1: Hansen. Fiscal Note: REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 71, a bill for an act relating to motor vehicle registration fees for certain vehicles and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Drake, Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, McLaren, Sexton, and Zieman. Nays, none. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 5:10 p.m., President Pro Tempore McKean presiding. 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 31, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 103, a bill for an act relating to information included in written promotional materials distributed by the department of economic development. Read first time and attached to companion Senate File 30. QUORUM CALL Senator Gaskill requested a nonrecord roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent, and a quorum present. BILL REASSIGNED TO COMMITTEE Senator Iverson announced that Senate File 73 was reassigned from the Appropriation committee to the Ways and Means committee. HOUSE AMENDMENT CONSIDERED Senate File 65 Senator Tinsman called up for consideration 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, amended by the House in House amendment S-3009, filed January 31, 2001. The Senate stood at ease at 5:14 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 5:31 p.m., President Pro Tempore McKean presiding. Senator Tinsman moved that the Senate concur in the House amendment. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Tinsman moved that the bill, as amended by the House and concurred in by the Senate, 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, 29: Angelo Bartz Behn Boettger Drake Freeman Gaskill Greiner Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 21: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Flynn Fraise Gronstal Hammond Hansen Harper Holveck Horn Kibbie Lundby 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. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 3. Senate Resolution 3 On motion of Senator Drake, Senate Resolution 3, 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, was taken up for consideration. Senator Drake moved the adoption of Senate Resolution 3, which motion prevailed by a voice vote. Senator Boettger took the chair at 5:53 p.m. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 2. Senate Resolution 2 On motion of Senator McKean, Senate Resolution 2, a resolution honoring Grand Ole Opry singer Wilma Lee Cooper, with report of committee recommending passage, was taken up for consideration. Senator McKean moved the adoption of Senate Resolution 2, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 63. Senate File 63 On motion of Senator Tinsman, Senate File 63, a bill for an act relating to child endangerment violations and injuries to a child and providing penalties, was taken up for consideration. Senator Tinsman offered amendment S-3010, filed by her from the floor to page 1 and to the title page of the bill, and moved its adoption. Amendment S-3010 was adopted by a voice vote. 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. 63), the vote was: Ayes, 50: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, none. 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 File 63 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:04 p.m. until 9:00 a.m. Thursday, February 1, 2001. APPENDIX COMPANION BILL RECEIVED On January 31, 2001, House File 103 was received and attached to companion Senate File 30 on the Senate calendar. REPORT OF COMMITTEE MEETING AGRICULTURE Convened: January 31, 2001, 4:03 p.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Fiegen, Greiner, Kibbie, Sexton, Shearer, Soukup, and Zieman. Members Absent: Gaskill and Veenstra (both excused). Committee Business: Presentation by representative of Terra Industries, Inc., on anhydrous ammonia. Adjourned: 5:10 p.m. INTRODUCTION OF BILLS Senate File 98, by committee on Business and Labor Relations, a bill for an act concerning unemployment compensation by relieving unemployment compensation charges for employees who become unemployed due to a presidentially declared disaster. Read first time under Rule 28 and placed on calendar. Senate File 99, by committee on Human Resources, a bill for an act relating to the billing and accounting of charges for the state resource centers and mental health institutes administered by the department of human services. Read first time under Rule 28 and placed on calendar. Senate File 100, by committee on Human Resources, a bill for an act relating to substance abuse by pregnant women by providing for civil commitment of certain chronic substance abusers. Read first time under Rule 28 and placed on calendar. Senate File 101, by Connolly, a bill for an act providing for the establishment and funding of a prekindergarten instruction program, and providing an effective date. Read first time under Rule 28 and referred to committee on Education. Senate File 102, by committee on Commerce, a bill for an act relating to charitable gift annuities, by providing for notice and filing requirements and providing for penalties. Read first time under Rule 28 and placed on calendar. Senate File 103, by committee on Commerce, a bill for an act permitting cooperative associations to deal with nonmembers, to use fictitious names, and to issue memberships without charge; to permit electric cooperatives to have multiple classes of members; and providing an effective date. Read first time under Rule 28 and placed on calendar. COMMITTEE REPORTS BUSINESS AND LABOR RELATIONS Final Bill Action: SENATE FILE 98 (formerly SF 13), a bill for an act concerning unemployment compensation by relieving unemployment compensation charges for employees who become unemployed due to a presidentially declared disaster. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Freeman, Greiner, Dearden, Behn, Fraise, Hammond, Horn, King, Lundby, McKibben, and Schuerer. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: *SENATE FILE 102 (SSB 1054), a bill for an act relating to charitable gift annuities, by providing for notice and filing requirements and providing for penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. 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 Commerce Committee on Senate File 102, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 103 (SSB 1055), a bill for an act permitting cooperative associations to deal with nonmembers, to use fictitious names, and to issue memberships without charge; to permit electric cooperatives to have multiple classes of members; and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, Schuerer, Deluhery, Bolkcom, Flynn, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. 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 Commerce Committee on Senate File 103, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE 99 (SSB 1020), a bill for an act relating to the billing and accounting of charges for the state resource centers and mental health institutes administered by the department of human services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Holveck, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 100 (formerly SF 23), a bill for an act relating to substance abuse by pregnant women by providing for civil commitment of certain chronic substance abusers. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Redwine, Bartz, Behn, Boettger, Miller, Schuerer, and Veenstra. Nays, 6: Tinsman, Hammond, Dvorsky, Harper, Holveck, and Shearer. Absent or not voting, none. Fiscal Note: REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3009 S.F. 65 House S-3010 S.F. 63 Maggie Tinsman 184 JOURNAL OF THE SENATE 24th Day 24th Day WEDNESDAY, JANUARY 31, 2001 185
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