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FORTY-THIRD CALENDAR DAY TWENTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 19, 2001 The Senate met in regular session at 1:04 p.m., President Kramer presiding. Prayer was offered by Bridget Prins, Governor of the Iowa American Legion Auxiliary Girls State. She is from Sibley- Ocheyedan High School and was a guest of Senator Veenstra. The Journal of Thursday, February 15, 2001, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Greiner, Jensen, and McKean, until they arrive, on request of Senator Iverson; and Senator Fraise, for the week, on request of Senator Hammond. BILLS REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate Files 197 and 204 be referred from the Regular Calendar to the committee on Appropriations. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 1:15 p.m. until 9:00 a.m. Tuesday, February 20, 2001. APPENDIX ANNOUNCEMENT OF APPOINTMENTS BY THE SENATE MAJORITY AND MINORITY LEADERS *Indicates appointment mandated by statute IOWA LEGISLATIVE COUNCIL (Iowa Code section 2.41) (Expires 2/24/2003) *Stewart Iverson, Jr. *Mary E. Kramer *Jeff Lamberti *Andrew J. McKean *Michael E. Gronstal *Tom Flynn Nancy J. Boettger Joe Bolkcom Michael W. Connolly Johnie Hammond John W. Jensen Neal Schuerer IOWA LEGISLATIVE COUNCIL COMMITTEES (Iowa Code section 2.45) (Expires 2/24/2003) ADMINISTRATION INTERNATIONAL RELATIONS Neal Schuerer, Chair Nancy J. Boettger, Vice Chair Michael W. Connolly Dennis H. Black John W. Jensen William "Bill" Fink Gene Fraise CAPITAL PROJECTS Jack Holveck Steve King John W. Jensen, Chair Andrew J. McKean Nancy J. Boettger Derryl McLaren Joe Bolkcom Maggie Tinsman Tom Flynn *Jeff Lamberti SERVICE FISCAL Mary E. Kramer, Vice Chair Michael E. Gronstal *Jeff Lamberti, Chair Andrew J. McKean *Tom Flynn *Patricia Harper STUDIES *Larry McKibben Neal Schuerer Stewart Iverson, Jr., Vice Chair Nancy J. Boettger Michael E. Gronstal Johnie Hammond Mary E. Kramer ANNOUNCEMENT OF APPOINTMENTS BY THE PRESIDENT OF THE SENATE AGRICULTURAL EDUCATION ADVISORY COUNCIL (Iowa Code section 256.32) (Expires 1/13/2003) Thomas L. Fiegen AGRICULTURAL ENERGY MANAGEMENT ADVISORY COUNCIL (Iowa Code section 161B.1) (Expires 1/13/2003) Jeff Angelo Gene Fraise CAPITOL PLANNING COMMISSION (Iowa Code section 18A.2) John W. Jensen (Expires 4/30/2003) Robert E. Dvorsky (Expires 4/30/2005) COLLEGE STUDENT AID COMMISSION (Iowa Code section 261.1) (Expires 6/30/2003) Donald B. Redfern COMMISSION ON ELDER AFFAIRS (Iowa Code section 231.11) (Expires 4/30/2003) Joe Bolkcom Sheldon Rittmer COMMITTEE ON THE STATUS OF WOMEN (Iowa Code section 216A.52) Gene Maddox (Expires 1/31/2003) Patricia Harper (Expires 1/31/2005) COMMUNICATIONS REVIEW COMMITTEE (Iowa Code section 2.35) (Expires 1/13/2003) Merlin E. Bartz Robert E. Dvorsky Steve King COMMUNITY COLLEGE WORKING GROUP OF STAKEHOLDERS (Iowa Code section 256.31) (Expires 1/13/2003) John P. (Jack) Kibbie Mike Sexton ENERGY FUND DISBURSEMENT COUNCIL (Iowa Code section 473.11) (Expires 1/13/2003) Joe Bolkcom Mary Lou Freeman INFORMATION TECHNOLOGY COUNCIL (Iowa Code section 14B.105) (Expires 1/13/2003) Robert E. Dvorsky Mary A. Lundby IOWACCESS ADVISORY COUNCIL (Iowa Code section 14B.201) (Expires 1/13/2003) Robert E. Dvorsky Mary A. Lundby IOWA COUNCIL FOR EARLY ACCESS (Federal Law) (Expires 6/30/2004) Kitty Rehberg IOWA ECONOMIC DEVELOPMENT BOARD (Iowa Code section 15.103) (Expires 1/13/2003) E. Thurman Gaskill Mark Shearer IPERS INVESTMENT BOARD (Iowa Code section 97B.8) (Expires 1/13/2003) Sheldon Rittmer IOWA WORKFORCE DEVELOPMENT BOARD (Iowa Code section 84A.1A) (Expires 1/13/2003) Neal Schuerer Betty A. Soukup LAW ENFORCEMENT ACADEMY COUNCIL (Iowa Code section 80B.6) (Expires 1/13/2003) Larry McKibben MEDICAL ASSISTANCE COUNCIL (Iowa Code section 249A.4) (Expires 1/13/2003) Jack Holveck Maggie Tinsman RENEWABLE FUEL AND COPRODUCTS ADVISORY COMMITTEE (Iowa Code section 159A.4) (Expires 1/13/2003) Jeff Angelo William "Bill" Fink STATE CHILD CARE ADVISORY COMMITTEE (Iowa Code section 237A.21) (Expires 4/30/2002) Kitty Rehberg ANNOUNCEMENT OF APPOINTMENTS BY THE SENATE MAJORITY AND MINORITY LEADERS ADMINISTRATIVE RULES REVIEW COMMITTEE (Iowa Code section 17A.8) (Expires 4/30/2003) Merlin E. Bartz Patricia Harper JoAnn Johnson John P. (Jack) Kibbie Sheldon Rittmer ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS (Iowa Code section 28J.2) (Expires 2/1/2003) Gene Fraise Steve King BOARD OF TRUSTEES FOR STATEWIDE FIRE AND POLICE RETIREMENT SYSTEM (Iowa Code section 411.36) (Expires 4/30/2002) Wally E. Horn Mary A. Lundby CHILD SUPPORT ADVISORY COMMITTEE (Iowa Code section 252B.18) (Expires 1/13/2003) Nancy J. Boettger Dick Dearden CRIMINAL AND JUVENILE JUSTICE ADVISORY (Iowa Code section 216A.132) Robert E. Dvorsky (Expires 4/30/2001) Gene Maddox (Expires 4/30/2002) EDUCATION COMMISSION OF THE STATES (Iowa Code section 272B.2) (Expires 6/30/2003) Michael W. Connolly Mary E. Kramer HAWK-I BOARD (Iowa Code section 514I.5) (Expires 1/13/2003) Johnie Hammond Ken Veenstra INTERNATIONAL RELATIONS ADVISORY COUNCIL (Iowa Code section 2D.1) (Expires 1/24/2003) Dennis H. Black Nancy J. Boettger Andrew J. McKean INTERSTATE COOPERATION COMMISSION (Iowa Code section 28B.1) (Expires 2/1/2003) Jerry Behn Richard Drake Steven D. Hansen John P. (Jack) Kibbie Mary A. Lundby IOWA EMPOWERMENT BOARD (Iowa Code section 28.3) (Expires 1/13/2003) Nancy J. Boettger Betty A. Soukup Maggie Tinsman PREVENTION OF DISABILITIES POLICY COUNCIL (Iowa Code section 225B.3) (Expires 1/13/2003) Thomas L. Fiegen Mark Zieman PUBLIC RETIREMENT SYSTEMS COMMITTEE (Iowa Code section 97D.4) (Expires 1/31/2003) Michael W. Connolly John P. (Jack) Kibbie Steve King Paul McKinley Sheldon Rittmer RURAL HEALTH AND PRIMARY CARE ADVISORY COMMITTEE (Iowa Code section 135.107) (Expires 1/13/2003) Thomas L. Fiegen Ken Veenstra SENATE LEGISLATIVE ETHICS COMMITTEE (Iowa Code section 68B.31) (Expires 1/13/2003) Michael W. Connolly Dick Dearden Richard Drake John P. (Jack) Kibbie Andrew J. McKean Sheldon Rittmer SENIOR LIVING COORDINATING UNIT (Iowa Code section 231.58) (Expires 1/13/2003) Nancy J. Boettger Pat Deluhery STATE COUNTY MANAGEMENT COMMITTEE OF THE DEPARTMENT OF HUMAN SERVICES (Iowa Code section 331.438) (Expires 1/13/2003) Mark Shearer Maggie Tinsman TOBACCO USE PREVENTION AND CONTROL COMMISSION (Iowa Code section 142A.3) (Expires 1/13/2003) Johnie Hammond Maggie Tinsman CITIZEN APPOINTMENTS PERSONAL ASSISTANCE AND FAMILY SUPPORT SERVICES COUNCIL (Iowa Code section 225C.48) Pat Gerke (Expires 6/30/2002) Ray Gerke (Expires 6/30/2002) Sue Lambert (Expires 6/30/2003) TEMPORARY REDISTRICTING ADVISORY COMMISSION (Iowa Code section 42.5) Joseph O'Hern Linda Primmer 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: February 19, 2001 DEPARTMENT FOR THE BLIND 2000 Annual Report for the Iowa Department for the Blind, as pursuant to Iowa Code section 216B.7. Report on Purchase of Products with Recycled Content, pursuant to Iowa Code section 216B.3, subsection 12(d). REPORTS OF COMMITTEE MEETINGS BUSINESS AND LABOR RELATIONS Convened: February 19, 2001, 2:15 p.m. Members Present: Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking Member; Behn, Horn, King, McKibben, and Schuerer. Members Absent: Fraise, Hammond, and Lundby (all excused). Committee Business: Presentations by Commissioner of Iowa Workers' Compensation and Commissioner of Iowa Department of Labor. Adjourned: 3:10 p.m. EDUCATION Convened: February 19, 2001, 2:11 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: Approved SSB 1098. Adjourned: 2:50 p.m. HUMAN RESOURCES Convened: February 19, 2001, 3:07 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: Approved SSB 1079 (as amended) and passed SF 116. Adjourned: 3:31 p.m. TRANSPORTATION Convened: February 19, 2001, 3:15 p.m. Members Present: Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member; Dearden, Fink, Freeman, Jensen, Kibbie, McKinley, Sexton, and Zieman. Members Absent: Fraise and McLaren (both excused). Committee Business: Update by the DOT on soydiesel pilot projects. Adjourned: 3:58 p.m. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 11, by committee on State Government, a concurrent resolution requesting that the United States Congress create a standard nationwide time for poll closings in general and congressional elections. Read first time under Rule 28 and placed on calendar. INTRODUCTION OF BILLS Senate File 221, by committee on Judiciary, a bill for an act establishing the interstate compact for adult criminal offender supervision and providing a contingent effective date. Read first time under Rule 28 and placed on calendar. Senate File 222, by committee on Judiciary, a bill for an act relating to the statute of limitations in civil actions arising out of the unsafe or defective condition of an improvement to real property. Read first time under Rule 28 and placed on calendar. Senate File 223, by committee on Judiciary, a bill for an act relating to the crime of forgery and entry into the United States. Read first time under Rule 28 and placed on calendar. Senate File 224, by committee on Judiciary, a bill for an act relating to exceptions to the required participation in a court- approved course prior to the granting of a final dissolution of marriage decree or the entering of a final custody order. Read first time under Rule 28 and placed on calendar. Senate File 225, by committee on Judiciary, a bill for an act relating to an indigent criminal defendant seeking postconviction relief and to the applicability of the Iowa administrative procedures Act to postconviction actions. Read first time under Rule 28 and placed on calendar. Senate File 226, by committee on Local Government, a bill for an act relating to the limitation on property taxes for cities and counties, allowing a property tax levy to fund state mandates, limiting the property tax exemption for pollution control property, and providing for the Act's applicability. Read first time under Rule 28 and placed on calendar. Senate File 227, by Hansen, Hammond, Harper, Horn, Flynn, Shearer, Fiegen, Connolly, Kibbie, Fraise, McCoy, Soukup, Holveck, Bolkcom, Fink, Deluhery, Dvorsky, Dearden, Black, and Gronstal, a bill for an act establishing a housing trust fund and providing for the transfer of certain moneys to the fund. Read first time under Rule 28 and referred to committee on Small Business, Economic Development, and Tourism. Senate File 228, by Freeman, a bill for an act relating to the crime of indecent exposure. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 229, by Gronstal, a bill for an act establishing a procedure for a criminal defendant to obtain fingerprint testing or DNA profiling after a conviction. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 230, by Kibbie and Connolly, a bill for an act permitting certain transfers of campaign funds when a candidate's committee dissolves and after a candidate has not served in public office for a stated number of years. Read first time under Rule 28 and referred to committee on State Government. Senate File 231, by Freeman, a bill for an act relating to disposing and recycling waste oil filters and establishing a fee. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 232, by Johnson and Hammond, a bill for an act requiring the use of a uniform prescription drug information card by providers of third-party payment or prepayment of prescription drug expenses. Read first time under Rule 28 and referred to committee on Commerce. Senate File 233, by Sexton, a bill for an act relating to a scheduled fine for failure to complete a deer or wild turkey harvest report. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 234, by Kibbie, Hammond, Harper, Horn, Flynn, Shearer, Fiegen, Connolly, Hansen, Fraise, McCoy, Soukup, Holveck, Bolkcom, Deluhery, Dvorsky, Dearden, Black, and Gronstal, a bill for an act relating to campaign finance law, including electronic filing of disclosure reports by certain candidates, requiring certain supplemental reports, providing for disclosures in relation to certain political telephone communications, requiring disclosure of certain information in conjunction with certain contributions, providing an effective date, and applying a penalty. Read first time under Rule 28 and referred to committee on State Government. Senate File 235, by McCoy, Dvorsky, Hammond, Harper, Horn, Fiegen, Connolly, Kibbie, Fraise, Fink, Black, and Gronstal, a bill for an act relating to the assessment of a law enforcement initiative surcharge on certain criminal offenses. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 236, by Lundby and McLaren, a bill for an act relating to an individual income tax deduction for federal taxes paid under the Federal Insurance Contributions Act and including a retroactive applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 237, by Lundby, a bill for an act relating to the exemption of sales and use taxes on the purchase of precious metals and rare coins by dealers. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 238, by Kibbie, Holveck, Soukup, Shearer, Fiegen, Connolly, Fink, Dvorsky, Harper, Hammond, and Gronstal, a bill for an act to prohibit new campaign advertising within five days of an election, and applying penalties. Read first time under Rule 28 and referred to committee on State Government. Senate File 239, by Rehberg and Zieman, a bill for an act relating to the property tax exemption for recycling property and including an applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. STUDY BILLS RECEIVED SSB 1147 Local Government Relating to the administrative procedures of certain county officers by authorizing the issuance of checks providing for the cancellation of warrants and checks, the disposal of tax lists, and the receipt of electronic payments, specifying tax sale costs and the mailing address for changes of titles and deeds, providing for other properly related matters, and providing an effective date. SSB 1148 Human Resources Providing for the transfer of custody and termination of parental rights for certain newborn infants whose parent voluntarily surrenders physical custody at certain health facilities and providing for immunity from prosecution for child abandonment crimes for such parent, and providing an effective date. SUBCOMMITTEE ASSIGNMENTS Senate File 197 APPROPRIATIONS: Lundby, Chair; Soukup and Zieman Senate File 204 APPROPRIATIONS: Rehberg, Chair; Connolly and Redfern Senate File 205 AGRICULTURE: McLaren, Chair; Fraise and Greiner Senate File 209 AGRICULTURE: Kibbie, Chair; Behn and Veenstra Senate File 217 AGRICULTURE: McLaren, Chair; Greiner and Shearer Senate File 218 AGRICULTURE: Angelo, Chair; Behn and Soukup House File 179 LOCAL GOVERNMENT: Zieman, Chair; Angelo and Hansen House File 180 JUDICIARY: Lamberti, Chair; Boettger and Hammond SSB 1147 LOCAL GOVERNMENT: Black, Chair; McKibben and Zieman SSB 1148 HUMAN RESOURCES: Boettger, Chair; Harper and Redwine CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Independence High School Speech Team, Independence - For your outstanding achievement in speech. Senator Rehberg (02/19/01). Dr. Dennis Woodruff, D.V.M., Carlisle - For being named "Iowa Veterinarian of the Year." Senator Fink (02/19/01). EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on February 15, 2001, when the votes were taken on Senate Files 94 and 144. Had I been present, I would have voted "Aye" on both. MERLIN E. BARTZ MADAM PRESIDENT: I was necessarily absent from the Senate chamber on February 14 and 15, 2001, when the votes were taken on Senate Files 62, 83, 94, 98, 144, and 146. Had I been present, I would have voted "Aye" on all. MIKE CONNOLLY BILL SIGNED BY THE GOVERNOR A communication was received announcing that on February 16, 2001, the Governor approved and transmitted to the Secretary of State the following bill: S.F. 63 - Relating to child endangerment violations and injuries to a child or minor and providing penalties. COMMITTEE REPORTS JUDICIARY Final Bill Action: *SENATE FILE 221 (SSB 1111), a bill for an act establishing the interstate compact for adult criminal offender supervision and providing a contingent effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Hammond, Hansen, Horn, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 2: Fraise and King. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Judiciary Committee on Senate File 221, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 222 (SSB 1024), a bill for an act relating to the statute of limitations in civil actions arising out of the unsafe or defective condition of an improvement to real property. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Maddox, Redfern, Angelo, Boettger, Hammond, Hansen, King, Lamberti, McKean, and Miller. Nays, 3: Holveck, Fiegen, and Horn. Absent or not voting, 2: Fraise and Tinsman. 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 Judiciary Committee on Senate File 222, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 223 (SSB 1136), a bill for an act relating to the crime of forgery and entry into the United States. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Hammond, Horn, King, Lamberti, McKean, and Tinsman. Nays, 2: Hansen and Miller. Absent or not voting, 1: Fraise. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 224 (SSB 1052), a bill for an act relating to exceptions to the required participation in a court-approved course prior to the granting of a final dissolution of marriage decree or the entering of a final custody order. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Maddox, Redfern, Holveck, Angelo, Boettger, Fiegen, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, none. Absent or not voting, 1: Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 225 (SSB 1105), a bill for an act relating to an indigent criminal defendant seeking postconviction relief and to the applicability of the Iowa administrative procedures Act to postconviction actions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Maddox, Redfern, Angelo, Boettger, Fiegen, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Nays, 2: Holveck and Hammond. Absent or not voting, 1: Fraise. Fiscal Note: REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 226 (formerly SF 31), a bill for an act relating to the limitation on property taxes for cities and counties, allowing a property tax levy to fund state mandates, limiting the property tax exemption for pollution control property, and providing for the Act's applicability. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Miller, Angelo, Hansen, Bartz, Black, Gaskill, Johnson, McKibben, Schuerer, and Zieman. Nays, 1: McCoy. Absent or not voting, 2: Fraise and Horn. 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 Local Government Committee on Senate File 226, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 11 (SSB 1141), a concurrent resolution requesting that the United States Congress create a standard nationwide time for poll closings in general and congressional elections. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: King, Lamberti, Kibbie, Drake, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, 4: Bolkcom, Dearden, Deluhery, and Fink. Absent or not voting, 1: Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 11, a resolution requesting the legislative council to appoint a committee to promote truthfulness and honesty in political campaigns. 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. AMENDMENT FILED S-3071 S.F. 211 Sandra Greiner 366 JOURNAL OF THE SENATE 43rd Day 43rd Day MONDAY, FEBRUARY 19, 2001 365
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