Senate Journal: Thursday, February 15, 2001

  __________


  THIRTY-NINTH CALENDAR DAY
  TWENTY-FOURTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, February 15, 2001

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Kenneth N. Kent, pastor of the
  First United Methodist Church in Fairfield, Iowa, guest of Senator
  Miller.

  The Journal of Wednesday, February 14, 2001, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Lundby, until she arrives, on request of Senator Freeman.

  President Pro Tempore McKean took the chair at 9:14 a.m.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:37 a.m.
  until 4:00 p.m.
  APPENDIX

  COMMUNICATION RECEIVED

  The following communication was received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  February 15, 2001

  MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM OF IOWA

  Annual Report of the Municipal Fire and Police Retirement System of Iowa for
  the
  Fiscal Year Ended June 30, 2000.

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened:  February 14, 2001, 4:08 p.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 (both excused).

  Committee Business:  Approved SSB 1085 (as amended).

  Adjourned:  4:45 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 15, 2001, 9:58 a.m.

  Members Present:  Gaskill, Chair; Sexton, Vice Chair; Black, Ranking Member;
  Fink
  and Greiner.

  Members Absent:  None.

  Committee Business:  Patty Judge, Secretary of Agriculture, spoke on the
  department's budget request.

  Adjourned:  10:48 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 15, 2001, 9:50 a.m.
  Members Present:  Veenstra, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Harper and Redwine.

  Members Absent:  None.

  Committee Business:  Presentations by Carl Valentine, Consultant, and by
  Casey
  Foundation, Department of Management, and juvenile courts.

  Adjourned:  11:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 15, 2001, 10:08 a.m.

  Members Present:  King, Vice Chair; Deluhery, Ranking Member; Freeman and
  Shearer.

  Members Absent:  Lundby, Chair (excused).

  Committee Business:  Presentations by the National Guard and on the 21st
  Century
  Learning project and the RTC portion of the IPTV budget request for FY 2002.

  Adjourned:  11:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE, AND CAPITALS

  Convened:  February 15, 2001, 9:40 a.m.

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

  Members Absent:  Connolly (excused).

  Committee Business:  Presentations by the Department of Cultural Affairs,
  Board of
  Regents, ISU, U of I, UNI, and by the superintendents of the Iowa School for
  the Deaf
  and the Iowa Braille and Sight Saving School.

  Adjourned:  February 15, 2001, 11:07 a.m.

  INTRODUCTION OF BILLS

  Senate File 204, by committee on Education, a bill for an act
  making an appropriation and allocating moneys to school districts to
  pay for the costs of making technology available to students attending
  accredited nonpublic schools.

  Read first time under Rule 28 and placed on calendar.
  Senate File 205, by Rehberg, a bill for an act providing state
  assistance for pseudorabies vaccinations by the department of
  agriculture and land stewardship, and providing authority to the
  executive council to appropriate moneys.

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

  Senate File 206, by Gronstal, a bill for an act requiring certain
  criminal defendants to submit a physical specimen for DNA profiling.

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

  Senate File 207, by Dvorsky, Flynn, Harper, Hammond, Horn,
  Shearer, Fiegen, Connolly, Kibbie, Fraise, McCoy, Soukup, Holveck,
  Bolkcom, Fink, Deluhery, Dearden, Black, and Gronstal, a bill for an
  act relating to the workforce development fund.

  Read first time under Rule 28 and referred to committee on
  Business and Labor Relations.

  Senate File 208, by Flynn, a bill for an act restricting the
  exemption in the public records law for communications made to
  government bodies.

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

  Senate File 209, by Jensen, a bill for an act providing for the
  control of paratuberculosis, and providing for penalties.

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

  Senate File 210, by committee on Human Resources, a bill for an
  act relating to the establishment of a prescription drug assistance
  program.

  Read first time under Rule 28 and placed on calendar.
  Senate File 211, by committee on Agriculture, a bill for an act
  relating to the powers and duties of the department of agriculture
  and land stewardship.

  Read first time under Rule 28 and placed on calendar.

  Senate File 212, by Schuerer, a bill for an act authorizing
  community empowerment areas to address needs of senior adults.

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

  Senate File 213, by Kibbie, a bill for an act relating to using
  persons under the age of eighteen in undercover criminal
  investigations.

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

  Senate File 214, by Hansen, a bill for an act relating to an
  increase in compensation paid to grand and petit jurors for service or
  attendance.

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

  Senate File 215, by Hansen, a bill for an act relating to
  compensation for jurors.

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

  STUDY BILL RECEIVED

  SSB 1146	Business and Labor Relations

  Relating to workers' compensation by providing for confidentiality
  of records, treatment of limited liability partnerships, certain filing
  requirements, and exemption from certain collection requirements.
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 154

  EDUCATION:  Redfern, Chair; Shearer and Tinsman

  Senate File 160

  EDUCATION:  Boettger, Chair; Fink and Rehberg

  Senate File 171

  EDUCATION:  Redfern, Chair; Connolly and Redwine

  Senate File 172

  EDUCATION:  Boettger, Chair; Harper and Veenstra

  Senate File 174

  EDUCATION:  Redwine, Chair; Boettger and Soukup

  Senate File 175

  EDUCATION:  Boettger, Chair; Connolly and Tinsman

  Senate File 176

  EDUCATION:  Tinsman, Chair; Harper and Veenstra

  Senate File 179

  STATE GOVERNMENT:  King, Chair; Fink and Jensen

  Senate File 183

  EDUCATION:  Rehberg, Chair; Boettger and Soukup

  Senate File 187

  HUMAN RESOURCES:  Miller, Chair; Dvorsky and Veenstra

  Senate File 188

  COMMERCE:  Redwine, Chair; Deluhery and Freeman

  Senate File 190

  STATE GOVERNMENT:  Lamberti, Chair; Fink and King
  Senate File 191

  APPROPRIATIONS:  Tinsman, Chair; Bolkcom and Schuerer

  Senate File 192

  STATE GOVERNMENT:  Lamberti, Chair; Deluhery and King

  Senate File 193

  STATE GOVERNMENT:  King, Chair; Bolkcom and Lamberti

  Senate File 208

  STATE GOVERNMENT:  Drake, Chair; Connolly and Maddox

  House File 89

  EDUCATION:  Rehberg, Chair; Redwine and Soukup

  SSB 1146

  BUSINESS AND LABOR RELATIONS:  McKibben, Chair; Fraise and King

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  *SENATE FILE 211 (SSB 1085), a bill for an act relating
  to the
  powers and duties of the department of agriculture and land stewardship.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  McLaren, Behn, Fraise, Angelo, Bartz, Fiegen,
  Gaskill,
  Greiner, Kibbie, Sexton, Shearer, Veenstra, and Zieman.  Nays, none.  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 211, and
  they
  were attached to the committee report.

  EDUCATION

  Final Bill Action:  *SENATE FILE 204 (formerly SF 48), a bill for an act
  making an
  appropriation and allocating moneys to school districts to pay for the costs
  of making
  technology available to students attending accredited nonpublic schools.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 9:  Boettger, Rehberg, Connolly, Angelo, McKinley,
  Redfern,
  Redwine, Tinsman, and Veenstra.  Nays, 6:  Dvorsky, Fink, Harper, Kramer,
  Shearer,
  and Soukup.  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 Education Committee on Senate File 204, and
  they were
  attached to the committee report.

  HUMAN RESOURCES

  Final Bill Action:  *SENATE FILE 210 (SSB 1069), a bill for an act relating
  to the
  establishment of a prescription drug assistance program.

  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.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive
  changes to the members of the Human Resources Committee on Senate File 210,
  and
  they were attached to the committee report.
  AFTERNOON SESSION

  The Senate reconvened at 4:31 p.m., President Kramer presiding.

  INTRODUCTION OF RESOLUTION

  Senate Resolution 14, by Flynn and Harper, a Senate resolution
  recognizing Task Force Alpha of the Iowa Army National Guard for
  its dedication and outstanding performance of duty.

  Read first time and referred to committee on Rules and
  Administration.

  RECESS

  On motion of Senator Boettger, the Senate recessed at 4:32 p.m.
  until the completion of a meeting of the committee on Rules and
  Administration.

  The Senate reconvened at 4:35 p.m., President Kramer presiding.

  The Senate stood at ease at 4:36 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 5:08 p.m., President Kramer
  presiding.

  SPECIAL GUESTS

  The Chair welcomed, at the request of Senators Harper and
  Redfern, visitors from Latvia, Lithuania, and Estonia.  They are with
  the International Civic Education Exchange Program and are guests
  of Linda and Jim Martin from Cedar Falls.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Dvorsky, for the remainder of the day, on request of Senator
  Gronstal;
  Senator Bartz, until he returns, on request of Senator Greiner; and Senator
  Lundby,
  until she returns, on request of Senator Freeman.
  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for immediate consideration Senate Concurrent Resolution 9.

  Senate Concurrent Resolution 9

  On motion of Senator Johnson, Senate Concurrent Resolution 9, a
  concurrent resolution urging third-party coverage for cancer
  screening, with report of committee recommending passage, was
  taken up for consideration.

  Senator Johnson moved the adoption of Senate Concurrent
  Resolution 9, which motion prevailed by a voice vote.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Boettger asked and received unanimous consent to take
  up for consideration Senate Files 144 and 94.

  Senate File 144

  On motion of Senator Jensen, Senate File 144, a bill for an act
  requiring contracts for the construction or maintenance of highways
  to include certain provisions for the restoration of areas in which fill
  dirt or other materials are to be removed, was taken up for
  consideration.

  Senator Jensen 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. 144), the vote was:

  Ayes, 44:

  Angelo	Behn	Black	Boettger
  Bolkcom	Dearden	Deluhery	Drake
  Fiegen	Fink	Flynn	Freeman
  Gaskill	Greiner	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Iverson	Jensen	Johnson	Kibbie
  King	Kramer	Lamberti	Maddox
  McCoy	McKean	McKibben	McKinley
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 6:

  Bartz	Connolly	Dvorsky	Fraise
  Lundby	Tinsman

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Tinsman, until she returns, on request of Senator Iverson.

  Senate File 94

  On motion of Senator Redfern, Senate File 94, 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, was taken up for consideration.

  Senator Redfern 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. 94), the vote was:

  Ayes, 44:

  Angelo	Behn	Black	Boettger
  Bolkcom	Dearden	Deluhery	Drake
  Fiegen	Fink	Flynn	Freeman
  Gaskill	Greiner	Gronstal	Hammond
  Hansen	Harper	Holveck	Horn
  Iverson	Jensen	Johnson	Kibbie
  King	Kramer	Lamberti	Maddox
  McCoy	McKean	McKibben	McKinley
  McLaren	Miller	Redfern	Redwine
  Rehberg	Rittmer	Schuerer	Sexton
  Shearer	Soukup	Veenstra	Zieman

  Nays, none.

  Absent or not voting, 6:

  Bartz	Connolly	Dvorsky	Fraise
  Lundby	Tinsman

  The bill, having received a constitutional majority, was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF RESOLUTIONS
  (Regular Calendar)

  Senator Boettger asked and received unanimous consent take up
  for immediate consideration Senate Concurrent Resolution 4 and
  Senate Resolution 14.

  Senate Concurrent Resolution 4

  On motion of Senator McLaren, Senate Concurrent Resolution 4, a
  concurrent resolution requesting that the President of the United
  States, the Chief of Engineers and Commander of the United States
  Corps of Engineers, and the United States Congress take action
  necessary to provide a spring navigation target flow on the Missouri
  River that is consistent with the needs of landowners and the region's
  economy, was taken up for consideration.

  Senator McLaren moved the adoption of Senate Concurrent
  Resolution 4, which motion prevailed by a voice vote.

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 14, a Senate resolution recognizing
  Task
  Force Alpha of the Iowa Army National Guard for its dedication and
  outstanding
  performance of duty.
  Recommendation:  DO PASS.

  Final Vote:  Ayes, 10:  Kramer, Gronstal, Boettger, Dvorsky, Fink, Gaskill,
  Harper,
  Johnson, McKean, and Rittmer.  Nays, none.  Absent or not voting, 1:
  Iverson.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  Senate Resolution 14

  On motion of Senator Flynn, Senate Resolution 14, a Senate
  resolution recognizing Task Force Alpha of the Iowa Army National
  Guard for its dedication and outstanding performance of duty, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Flynn moved the adoption of Senate Resolution 14, which
  motion prevailed by a voice vote.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 94 and 144 and Senate Concurrent Resolutions 4
  and 9 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:35 p.m.
  until 1:00 p.m. Monday, February 19, 2001.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 15, 2001, 9:55 a.m.

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

  Members Absent:  Dearden (excused).

  Committee Business:  Budget overviews by the Department for the Blind and
  the
  Governor's Office of Drug Control.

  Adjourned:  11:39 a.m.

  JUDICIARY

  Convened:  February 15, 2001, 3:15 p.m.

  Members Present:  Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking
  Member;
  Angelo, Boettger, Fiegen, Hammond, Hansen, Horn, King, Lamberti, McKean,
  Miller,
  and Tinsman.

  Members Absent:  Fraise (excused).

  Committee Business:  Approved SSBs 1024, 1052, 1105, 1111 (as amended), and
  1136.

  Adjourned:  4:30 p.m.

  LOCAL GOVERNMENT

  Convened:  February 15, 2001, 2:10 p.m.

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

  Members Absent:  Fraise and Horn (both  excused).

  Committee Business:  Passed SF 31 (as amended).

  Adjourned:  3:05 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 15, 2001, 1:05 p.m.
  Members Present:  Sexton, Chair; Fink, Ranking Member; Bolkcom, Dearden,
  Deluhery, Drake, Freeman, Johnson, Kibbie, Lundby, Miller, and Rittmer.

  Members Absent:  Bartz, Vice Chair; Black and McLaren (all excused).

  Committee Business:  Presentation by the Waste Management Assistance
  Division of
  the DNR on transfer station tonnage fees.

  Adjourned:  2:02 p.m.

  RULES AND ADMINISTRATION

  Convened:  February 15, 2001, 4:31 p.m.

  Members Present:  Kramer, Vice Chair; Gronstal, Ranking Member; Boettger,
  Dvorsky, Fink, Gaskill, Harper, Johnson, McKean, and Rittmer.

  Members Absent:  Iverson, Chair (excused).

  Committee Business:  Passed SR 14.

  Adjourned:  4:33 p.m.

  STATE GOVERNMENT

  Convened:  February 15, 2001, 2:10 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:  Approved SSB 1141 and SR 11.

  Adjourned:  3:15 p.m.

  INTRODUCTION OF BILLS

  Senate File 216, by Kibbie, a bill for an act providing for the
  identification of meat products processed in this state and providing
  penalties.

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

  Senate File 217, by Kibbie, Dearden, Flynn, Shearer, Harper,
  Fiegen, Fink, Horn, Deluhery, Hammond, Fraise, Soukup, McCoy,
  Bolkcom, Dvorsky, Holveck, Connolly, and Hansen, a bill for an act
  regulating the siting of confinement feeding operations by counties.

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

  Senate File 218, by Kibbie, Flynn, Shearer, Harper, Fiegen, Fink,
  Horn, Hammond, Fraise, Soukup, Black, Bolkcom, Dvorsky, and
  Connolly, a bill for an act relating to fuels for motor vehicles, by
  providing for motor vehicle fuel standards, providing for the
  transportation, sale, and dispensing of motor fuels, providing for tax
  revenues, and making penalties applicable.

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

  Senate File 219, by Kibbie, Connolly, Horn, Soukup, Black,
  Holveck, Dvorsky, Hammond, Fiegen, Harper, Dearden, Fraise,
  Hansen, Shearer, Bolkcom, Fink, McCoy, Flynn, and Gronstal, a bill
  for an act prohibiting the publication of false or misleading
  information in political advertisements, and applying a penalty.

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

  Senate File 220, by Fink, Deluhery, Gronstal, Holveck, Horn,
  Maddox, Angelo, and Rittmer, a bill for an act relating to safe
  transportation for railway employees and making penalties
  applicable.

  Read first time under Rule 28 and referred to committee on
  Business and Labor Relations.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 145

  HUMAN RESOURCES:  Bartz, Chair; Behn and Shearer

  Senate File 156

  NATURAL RESOURCES AND ENVIRONMENT:  Sexton, Chair; Bartz and Deluhery
  Senate File 167

  NATURAL RESOURCES AND ENVIRONMENT:  Dearden, Chair; Lundby and
  McLaren

  Senate File 180

  WAYS AND MEANS:  McKinley, Chair; Greiner and Holveck

  Senate File 182

  WAYS AND MEANS:  Redwine, Chair; Bolkcom and Miller

  Senate File 189

  WAYS AND MEANS:  Rehberg, Chair; Bolkcom and McKinley

  Senate File 194

  NATURAL RESOURCES AND ENVIRONMENT:  Sexton, Chair; Bartz and Fink

  Senate File 199

  WAYS AND MEANS:  Miller, Chair; Drake and Holveck

  Senate File 201

  HUMAN RESOURCES:  Veenstra, Chair; Harper and Schuerer

  Senate File 212

  HUMAN RESOURCES:  Schuerer, Chair; Harper and Miller

  House Joint Resolution 5

  WAYS AND MEANS:  Maddox, Chair; Harper and Redwine

  House File 178

  HUMAN RESOURCES:  Boettger, Chair; Holveck and Miller

  AMENDMENT FILED

  S-3070	S.F.	149	Jeff Angelo

  344	JOURNAL OF THE SENATE	39th Day
  39th Day	THURSDAY, FEBRUARY 15, 2001	345

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