Senate Journal: Tuesday, February 20, 2001

  FORTY-FOURTH CALENDAR DAY
  TWENTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 20, 2001

  The Senate met in regular session at 9:07 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Doug Helton, pastor of the
  Calvary Baptist Church in St. Charles, Iowa, guest of Senator
  Johnson.

  The Journal of Monday, February 19, 2001, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Holveck, until he arrives, and Senator Fiegen, for the week, on
  request of
  Senator Gronstal; and Senator McKean, until he arrives, on request of
  Senator Iverson.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:21 a.m.
  until 5:00 p.m.
  APPENDIX

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Eric Becker, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly
  and Senator Flynn (02/20/01).

  Eric Beckman, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly and Senator Flynn (02/20/01).

  Shaun Gilligan, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly and Senator Flynn (02/20/01).

  Tom Hein, Jr., Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly and Senator Flynn (02/20/01).

  Nick Koppes, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly
  and Senator Flynn (02/20/01).

  Zach Mauss, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly
  and Senator Flynn (02/20/01).

  Jeff Miller, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly
  and Senator Flynn (02/20/01).

  Clint Peacock, Dubuque - For achieving the rank of Eagle Scout.  Senator
  Connolly and Senator Flynn (02/20/01).

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 20, 2001, 10:09 a.m.

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

  Members Absent:  Black, Ranking Member.

  Committee Business:  Update on biomass project by Chariton Valley RC&D and
  presentation by representatives of the Iowa Wine Industry.

  Adjourned:  11:22 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 20, 2001, 10:02 a.m.
  Members Present:  Behn, Chair; Miller, Vice Chair; and McKinley.

  Members Absent:  Fiegen, Ranking Member; and Holveck (both excused).

  Committee Business:  Presentation on Regents university economic development
  programs.

  Adjourned:  11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 20, 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 Chief Juvenile Court Officers and Teen
  Challenge program administrators.

  Adjourned:  11:59 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 20, 2001, 10:07 a.m.

  Members Present:  Angelo, Chair; Dvorsky, Ranking Member; and Maddox.

  Members Absent:  McKean, Vice Chair; and Fraise (both excused).

  Committee Business:  Presentation by Kip Kautzky, Director of the Department
  of
  Corrections.

  Adjourned:  11:14 a.m.

  LOCAL GOVERNMENT

  Convened:  February 20, 2001, 2:13 p.m.

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

  Members Absent:  Fraise, Gaskill, Horn, and Schuerer (all excused).

  Committee Business:  Approved SSB 1089 and passed HF 179.

  Adjourned:  2:25 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 20, 2001, 1:05 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:  Subcommittee assignments and update on the license fee
  increase bill.

  Adjourned:  1:54 p.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Convened:  February 20, 2001, 1:06 p.m.

  Members Present:  Rehberg, Chair; Zieman, Vice Chair; Shearer, Ranking
  Member;
  Behn, Dvorsky, Flynn, Greiner, McKinley, and Veenstra.

  Members Absent:  Fiegen, Gaskill, Holveck, and Lamberti (all excused).

  Committee Business:  Approved SSB 1044.  Presentation on "Positively Iowa."

  Adjourned:  2:07 p.m.

  STATE GOVERNMENT

  Convened:  February 20, 2001, 2:08 p.m.

  Members Present:  King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member;
  Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean,
  Rittmer, and Sexton.

  Members Absent:  McLaren (excused).

  Committee Business:  Passed SF 96.

  Adjourned:  2:57 p.m.

  INTRODUCTION OF BILLS

  Senate File 240, by committee on Education, a bill for an act
  providing for a school investment partnership pilot program.

  Read first time under Rule 28 and placed on calendar.

  Senate File 241, by committee on Human Resources, a bill for an
  act relating to the confidentiality of certain domestic abuse records.

  Read first time under Rule 28 and placed on calendar.
  Senate File 242, by committee on Human Resources, a bill for an
  act relating to the rules regarding the authentication of practitioners'
  verbal orders in hospitals.

  Read first time under Rule 28 and placed on calendar.

  Senate File 243, by Bolkcom, a bill for an act relating to the
  personal needs allowance amount for residents of health care
  facilities.

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

  Senate File 244, by Kibbie, Dearden, Flynn, Harper, Fiegen,
  Fink, Horn, Deluhery, Hammond, Fraise, Soukup, McCoy, Black,
  Gronstal, Bolkcom, Dvorsky, Holveck, Connolly, and Hansen, a bill
  for an act requiring that a person who owns or controls animals under
  a production contract is liable for civil penalties arising out of
  violations of the terms and conditions of a manure management plan
  signed by the owner of a confinement feeding operation in which the
  animals are fed.

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

  Senate File 245, by Lundby, a bill for an act relating to lawn and
  garden equipment dealership agreements.

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

  Senate File 246, by King, a bill for an act relating to the
  application procedure for variances for open burning.

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

  Senate File 247, by King, a bill for an act relating to releasing
  information about the human immunodeficiency virus.
  Read first time under Rule 28 and referred to committee on
  Judiciary.

  Senate File 248, by Lundby, a bill for an act relating to payment
  for warranty repairs by a farm equipment or lawn and garden
  equipment dealer and providing an effective date.

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

  Senate File 249, by Connolly, a bill for an act relating to the
  approval and administration of pilot community education programs,
  and making an appropriation.

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

  Senate File 250, by Kibbie, Holveck, Soukup, Shearer, Fiegen,
  Bolkcom, Connolly, Fink, Dvorsky, Harper, and Hammond, a bill for
  an act establishing voluntary expenditure and contribution limits for
  political campaigns for candidates for the general assembly, and
  applying penalties.

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

  Senate File 251, by Hansen, a bill for an act relating to the
  presidential electors of Iowa and the method by which they cast and
  certify the votes for United States president and vice president.

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

  STUDY BILLS RECEIVED

  SSB 1149	Judiciary

  Establishing a uniform standard for determination of death.
  SSB 1150	Judiciary

  Relating to the assessment of a law enforcement initiative
  surcharge on certain criminal offenses.

  SSB 1151	Judiciary

  Relating to the crimes of burglary and forgery and providing
  penalties.

  SSB 1152	Judiciary

  Relating to the department of corrections by providing for liability
  of counties for the cost of confinement for sexually violent predators
  in a department of corrections or department of human services
  facility, for the use of deadly force by correctional or peace officers, for
  submission of presentence investigation reports to the department,
  for establishing a training fund in the department, for transcription
  and recording of testimony for certain investigations conducted by the
  department of corrections, for purchases by a department or agency
  from Iowa state industries, and for payment of costs related to
  confinement of certain offenders in county jails.

  SSB 1153	Judiciary

  Relating to the extension of the tobacco settlement authority Act,
  and providing an effective date.

  SSB 1154	State Government

  Relating to the supervision of curriculum received via the Iowa
  communications network.

  SSB 1155	State Government

  Relating to the qualifications and authorization of therapeutically
  certified optometrists engaged in the practice of optometry.

  SSB 1156	State Government

  Relating to the penalty for improper voting.
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 112

  TRANSPORTATION:  Rittmer, Chair; Drake and Fink

  Senate File 147

  TRANSPORTATION:  Rittmer, Chair; Fraise and McKinley

  Senate File 166

  STATE GOVERNMENT:  McKean, Chair; Dearden and Lamberti

  Senate File 194

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

  Senate File 200

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM:  Gaskill, Chair;
  Fiegen and Greiner

  Senate File 219

  STATE GOVERNMENT:  King, Chair; Connolly and McKean

  Senate File 230

  STATE GOVERNMENT:  Rittmer, Chair; Fink and King

  Senate File 234

  STATE GOVERNMENT:  King, Chair; Deluhery and Lamberti

  Senate File 236

  WAYS AND MEANS:  Redwine, Chair; Connolly and Miller

  Senate File 237

  WAYS AND MEANS:  Maddox, Chair; Bolkcom and Redwine

  Senate File 238

  STATE GOVERNMENT:  Rittmer, Chair; Bolkcom and King

  Senate File 239

  WAYS AND MEANS:  Drake, Chair; Holveck and Redwine
  Senate File 250

  STATE GOVERNMENT:  King, Chair; Fink and McKean

  Senate File 251

  STATE GOVERNMENT:  King, Chair; Bolkcom and McKean

  House File 194

  JUDICIARY:  Holveck, Chair; Miller and Tinsman

  SSB 1149

  JUDICIARY:  Redfern, Chair; Horn and King

  SSB 1150

  JUDICIARY:  Angelo, Chair; Hansen and Redfern

  SSB 1151

  JUDICIARY:  McKean, Chair; Hansen and Maddox

  SSB 1152

  JUDICIARY:  McKean, Chair; Angelo and Hammond

  SSB 1153

  JUDICIARY:  Lamberti, Chair; Boettger and Fraise

  SSB 1154

  STATE GOVERNMENT:  McLaren, Chair; Bolkcom and King

  SSB 1155

  STATE GOVERNMENT:  Jensen, Chair; Connolly and Rittmer

  SSB 1156

  STATE GOVERNMENT:  Lamberti, Chair; Kibbie and McKean

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  SENATE FILE 240 (SSB 1098), a bill for an act providing
  for a
  school investment partnership pilot program.
  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Boettger, Rehberg, Angelo, Harper, Kramer, McKinley,
  Redfern, Redwine, Shearer, Soukup, Tinsman, and Veenstra.  Nays, 3:
  Connolly,
  Dvorsky, and Fink.  Absent or not voting, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  HUMAN RESOURCES

  Final Bill Action:  SENATE FILE 241 (formerly SF 116), a bill for an act
  relating to
  the confidentiality of certain domestic abuse records.

  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 242 (SSB 1079), a bill for an act relating
  to the
  rules regarding the authentication of practitioners' verbal orders in
  hospitals.

  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 242,
  and
  they were attached to the committee report.

  LOCAL GOVERNMENT

  Final Bill Action:  HOUSE FILE 179, a bill for an act relating to excluding
  from
  confinement dogs used by police or correctional officers.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 9:  Miller, Angelo, Hansen, Bartz, Black, Johnson, McCoy,
  McKibben, and Zieman.  Nays, none.  Absent or not voting, 4:  Fraise,
  Gaskill, Horn,
  and Schuerer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AFTERNOON SESSION

  The Senate reconvened at 5:05 p.m., President Pro Tempore
  McKean presiding.

  QUORUM CALL

  Senator Johnson requested a nonrecord roll call to determine that
  a quorum was present.

  The vote revealed 40 present, 10 absent, and a quorum present.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Boettger and Kramer, until they return, on request of Senator
  Iverson;
  and Senator Horn, for the remainder of the day, on request of Senator
  Gronstal.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Maddox asked and received unanimous consent to take up
  for consideration Senate File 186.

  Senate File 186

  On motion of Senator McKibben, Senate File 186, a bill for an act
  providing for a tax levy for the county hospital fund in certain
  counties and providing an effective date, was taken up for
  consideration.

  Senator McKibben 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. 186), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Bolkcom	Connolly	Dearden	Deluhery
  Drake	Dvorsky	Fink	Flynn
  Freeman	Gaskill	Greiner	Gronstal
  Hammond	Hansen	Harper	Holveck
  Iverson	Jensen	Johnson	Kibbie
  King	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, 5:

  Boettger	Fiegen	Fraise	Horn
  Kramer			

  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 186 be immediately messaged to the House.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:30 p.m.
  until 9:00 a.m. Wednesday, February 21, 2001.
  APPENDIX

  REPORT OF COMMITTEE MEETING

  JUDICIARY

  Convened:  February 20, 2001, 3:10 p.m.

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

  Members Absent:  Fiegen and Fraise (both excused).

  Committee Business:  Approved SSBs 1133 (as amended) and 1153.

  Adjourned:  3:30 p.m.

  INTRODUCTION OF RESOLUTION

  Senate Joint Resolution 4, by Angelo and Lamberti, a joint
  resolution requesting the proposal of an amendment to the
  Constitution of the United States on the subject of judicial taxation.

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

  INTRODUCTION OF BILLS

  Senate File 252, by committee on State Government, 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 placed on calendar.

  Senate File 253, by Angelo, a bill for an act relating to a petition
  to the court for a hearing on a criminal defendant's restitution plan.

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

  Senate File 254, by Kibbie, Dearden, Flynn, Shearer, Harper,
  Fiegen, Fink, Horn, Deluhery, Hammond, Fraise, Soukup, McCoy,
  Black, Bolkcom, Dvorsky, Connolly, and Hansen, a bill for an act
  providing protections for contract producers of agricultural
  commodities, providing for the administration and enforcement of its
  provisions, providing penalties, and including applicability and
  effective date provisions.

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

  Senate File 255, by Tinsman, a bill for an act relating to a senior
  living insurance tax credit under the individual income tax and
  including a retroactive applicability date provision.

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

  Senate File 256, by Shearer, a bill for an act relating to the
  termination of a child support order based upon modification of a
  custody order.

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

  SUBCOMMITTEE ASSIGNMENT

  Senate File 233

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

  COMMITTEE REPORT

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 252 (formerly SF 96), 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.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  King, Lamberti, Kibbie, Bolkcom, Connolly, Dearden,
  Deluhery,
  Drake, Fink, Jensen, Maddox, McKean, Rittmer, and Sexton.  Nays, none.
  Absent or
  not voting, 1:  McLaren.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AMENDMENT FILED

  S-3072	S.F.	103	John W. Jensen
  378	JOURNAL OF THE SENATE	44th Day
  44th Day	TUESDAY, FEBRUARY 20, 2001	377

© 2001 Cornell College and League of Women Voters of Iowa

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