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THIRTY-FIRST CALENDAR DAY NINETEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 7, 2001 The Senate met in regular session at 9:00 a.m., President Kramer presiding. Prayer was offered by the Reverend Mark Gerken, pastor of the Faith Lutheran Church in Adel, Iowa, guest of Senator Johnson. The Journal of Tuesday, February 6, 2001, was approved. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:11 a.m. until 9:00 a.m. Thursday, February 8, 2001. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 7, 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 remediation of agrichemicals program. Adjourned: 10:17 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 7, 2001, 9:40 a.m. Members Present: Behn, Chair; Miller, Vice Chair; Fiegen, Ranking Member; Holveck and McKinley. Members Absent: None. Committee Business: Presentation on value-added agricultural products. Adjourned: 11:00 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 7, 2001, 9:40 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Horn, Ranking Member; Kibbie and McLaren. Members Absent: None. Committee Business: Presentation by Ted Stilwill, Director of the Department of Education, and Janice Friedel, Administrator, Department of Education. Adjourned: 11:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 7, 2001, 9:42 a.m. Members Present: Tinsman, Chair; Johnson, Vice Chair; Bolkcom, Ranking Member; Dearden and Rittmer. Members Absent: None. Committee Business: Department of Human Rights presented their budget proposals. Department of Public Health presented information on child lead poisoning prevention. Adjourned: 11:49 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 7, 2001, 9:42 a.m. Members Present: Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Harper and Redwine. Members Absent: None. Committee Business: Discussion on HAWK-I program, update on pharmaceutical case management, and follow-up on merit. Adjourned: 11:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 7, 2001, 9:40 a.m. Members Present: Angelo, Chair; Dvorsky, Ranking Member; Fraise and Maddox. Members Absent: McKean, Vice Chair. Committee Business: Budget presentation by the Department of Public Safety. Adjourned: 10:20 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 7, 2001, 10:05 a.m. Members Present: Lundby, Chair; King, Vice Chair; Deluhery, Ranking Member; Freeman and Shearer. Members Absent: None. Committee Business: Budget presentation by director of the Iowa Communications Network. Adjourned: 11:11 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE, AND CAPITALS Convened: February 7, 2001, 9:37 a.m. Members Present: Jensen, Chair; Lamberti, Vice Chair; Soukup, Ranking Member; and Connolly. Members Absent: McKibben (excused). Committee Business: Presentations by the Department of Public Defense, the Civil Air Patrol, and the Iowa State Fair Blue Ribbon Foundation. Adjourned: 10:28 a.m. BUSINESS AND LABOR RELATIONS Convened: February 7, 2001, 1:10 p.m. Members Present: Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking Member; Behn, Fraise, Hammond, Horn, King, Lundby, and Schuerer. Members Absent: McKibben (excused). Committee Business: Discussion of SSB 1120 and presentations by Kirkwood Community College and Northeast Iowa Community College. Adjourned: 2:10 p.m. EDUCATION Convened: February 7, 2001, 1:06 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: Presentation by Robert Brennan, Director of Iowa Testing Programs. Adjourned: 2:03 p.m. TRANSPORTATION Convened: February 7, 2001, 2:17 p.m. Members Present: Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member; Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, McLaren, Sexton, and Zieman. Members Absent: None. Committee Business: Passed SF 18. Presentation on biodiesel fuel. Adjourned: 3:15 p.m. INTRODUCTION OF BILLS Senate File 142, by Bolkcom, Holveck, Hammond, and Harper, a bill for an act relating to collecting and disseminating information concerning motor vehicle stops. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 143, by Zieman, a bill for an act relating to presidential electors' compensation. Read first time under Rule 28 and referred to committee on State Government. GOVERNOR'S ITEM VETO MESSAGE February 6, 2001 The Honorable Mary Kramer President of the Senate State Capitol L O C A L Dear President Kramer: I hereby transmit Senate File 65, an Act providing supplemental funding for the Low Income Home Energy Assistance Program (LIHEAP) for the current fiscal year. As energy prices nationwide began to skyrocket this past winter and the weather conditions continued to become more severe, I called on the federal government to provide adequate funding for the LIHEAP program to assist Iowa's most vulnerable citizens. Following an allocation of over $16 million in federal Emergency Contingency Awards, the Iowa Division of Community Action Agencies projected the need for an additional $20 million to maintain the same proportionate level of energy assistance from LIHEAP as the previous year based on an estimated 20 percent increase in eligible households applying for assistance. I responded to this need with a $20 million solution generated from the extension of the energy efficiency charge from natural gas customers amounting to approximately $1.94 per customer. Unfortunately, the Republican Legislators rejected this solution, a solution that would have met the needs of low income Iowans. Republican Leaders in the Legislature devised a plan that they claimed would provide $15 million to LIHEAP. However, Senate File 65 approved by the Legislature authorizes only $13,006,346 in state funding to meet the $20 million need. While the attempt is less than adequate, I am approving relief totaling $10.5 million for Iowans who now, more than ever, need relief from their high energy bills. The following sections of Senate File 65 are, therefore, approved on this date with the noted exceptions, which I hereby disapprove. I approve Section 1 appropriating $2,343,051 from the Innovations Fund. This action will leave a balance of $16,772 in the fund resulting in no new projects being funded until it can be sufficiently replenished. Adequate funding must be ensured for the Innovations Fund in future years to continue to maximize efficiencies in state government and realize significant cost savings. I am unable to approve Section 2 appropriating $2,446,260 from the Housing Program Fund. This section impacts the Down Payment/Closing Cost Grant Program, the First Home/First Home Plus Program, and the Housing Assistance Fund through a significant reduction in funding. These programs play an essential role in providing decent, safe, and affordable housing to low-income individuals and families in Iowa. The reduction passed by the Legislature will adversely impact the housing opportunities for the very people targeted to receive heating assistance. To accept this section would be taking from the very Iowans we are attempting to help, and I cannot approve this appropriation. It is with great reluctance that I approve Section 3 appropriating $4,127,270 of currently unencumbered and unobligated funding from the Groundwater Protection Fund. This fund was created for the specific purpose of protecting Iowa's valuable water resources, and there is an ongoing need for incentives to meet this purpose. However, the transfer of $4,127,270 from the Solid Waste Account within the Groundwater Protection Fund will not impact current projects and will be used to meet a more immediate need in Iowa today. While Senate File 65 appropriates up to $6,553,024 from the Groundwater Protection Fund, only $4,127,270 is currently unencumbered and unobligated and therefore available for transfer. I approve Section 4 placing a cap on LIHEAP funding for residential weatherization at $3,305,016. This action results in an additional $3,040,451 being made available for direct assistance to low-income Iowans. Because weatherization provides a long-term fix for high heating bills by improving the energy efficiency of low-income Iowans' homes, it is penny wise and pound foolish to reduce funding available for permanent prevention. However, I am directing the Division of Community Action Agencies to take the existing carryover from the weatherization fund and apply it to the next program year beginning April 1, 2001. Together with additional federal funding the Division will receive for the next program year, the weatherization program will have approximately $11 million available as compared to $9.5 million in estimated actual expenditures for the current year. Therefore, local weatherization programs will maintain an equivalent level and range of services. I approve Section 5 providing Community Action Agencies the ability to deliver assistance from LIHEAP to low-income Iowans. By placing a cap of $2,663,921 on the administration of the program, Section 5 provides an additional $1,049,314 in LIHEAP payments. I approve Section 6 establishing a limit of $715,000 on expenditures for assessment and resolution of energy problems. I approve Section 7 dedicating all federal emergency funding in excess of the original core funding for LIHEAP to assist eligible households meet their home energy costs. Any future appropriations shall be used as direct assistance to those Iowans most in need. While unfortunately this is not enough funding to meet the need that currently exists, this Act provides a significant amount of funding that will ease the pressure on some working families, senior citizens, and people with disabilities forced to decide between buying food, buying prescription drugs, or paying their heating bill. For the above reasons, I hereby respectfully approve Senate File 65 with the exceptions noted above. While approval of this Act will provide immediate relief, the long-term answer to this problem is the development of a comprehensive energy policy for the state to ensure a reliable supply and stable price. Sincerely, THOMAS J. VILSACK Governor STUDY BILLS RECEIVED SSB 1118 Commerce Relating to the Iowa individual health benefit reinsurance association and the Iowa comprehensive health insurance association, by changing the board of directors, membership, assessment, and premium tax offset related to the associations. SSB 1119 Transportation Relating to agricultural promotion and education by establishing a fund, providing revenue for the fund from the sale of special license plates, and making an appropriation. SSB 1120 Business and Labor Relations Relating to training requirements for certain child laborers. SSB 1121 Business and Labor Relations Relating to title insurance for property or insurance of a certain value, and making related changes. SSB 1122 State Government Regulating the practice of accounting, establishing fees, providing penalties, and providing an effective date. SSB 1123 Commerce Relating to insurance, by addressing the operation and regulation of insurance companies, mutual insurance associations, the Iowa insurance guaranty association, and other insurance or risk- assuming entities, including the rights and duties of such entities and the powers and authority of the insurance commissioner; by establishing jurisdiction and venue requirements for actions against the Iowa insurance guaranty association; and by setting forth a prohibition of intentional motor vehicle collisions, and providing penalties, repeals, and effective dates. SUBCOMMITTEE ASSIGNMENTS Senate File 119 COMMERCE: Johnson, Chair; Deluhery and Schuerer Senate File 130 TRANSPORTATION: McCoy, Chair; Drake and Fink Senate File 131 COMMERCE: Johnson, Chair; Hansen and Maddox Senate File 132 COMMERCE: Johnson, Chair; Hansen and Maddox Senate File 136 COMMERCE: Johnson, Chair; Hansen and Maddox Senate File 137 COMMERCE: Johnson, Chair; Hansen and Maddox SSB 1118 COMMERCE: Redwine, Chair; Maddox and McCoy SSB 1119 TRANSPORTATION: McKinley, Chair; Dearden and McLaren SSB 1120 BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Hammond and King SSB 1121 BUSINESS AND LABOR RELATIONS: King, Chair; Greiner and Horn SSB 1122 STATE GOVERNMENT: Lamberti, Chair; Connolly and Maddox SSB 1123 COMMERCE: Redfern, Chair; Bolkcom and Freeman 258 JOURNAL OF THE SENATE 31st Day 31st Day WEDNESDAY, FEBRUARY 7, 2001 259
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