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FORTY-SIXTH CALENDAR DAY TWENTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 22, 2001 The Senate met in regular session at 10:12 a.m., President Pro Tempore McKean presiding. Prayer was offered by the Reverend Steve Huston, pastor of the First Presbyterian Church in Davenport, Iowa, guest of Senator Deluhery. The Journal of Wednesday, February 21, 2001, was approved. HOUSE MESSAGES RECEIVED AND CONSIDERED 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 February 21, 2001, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 9, a concurrent resolution to request that the Congress of the United States maintain its commitment to clean air and the ethanol industry, by maintaining the oxygenate requirement in the federal Clean Air Act that promotes the use of ethanol in reformulated gasoline, and urging the United States Environmental Protection Agency to resist California's attempt to waive the oxygenate requirement in that state. Read first time and referred to committee on Agriculture. ALSO: That the House has on February 21, 2001, passed the following bills in which the concurrence of the Senate is asked: House File 192, a bill for an act authorizing certain criminal history and abuse record and registry access to the department of inspections and appeals for purposes of data verification and record checks of applicants for employment with the department. Read first time and attached to companion Senate File 127. House File 218, a bill for an act relating to the appointment of an acting or a temporary county attorney. Read first time and referred to committee on Judiciary. House File 228, a bill for an act relating to the duties of the department of public safety. Read first time and referred to committee on Judiciary. House File 230, a bill for an act amending the strategic planning duties of the Iowa economic development board. Read first time and attached to companion Senate File 257. House File 267, a bill for an act renaming the waste management assistance division of the department of natural resources. Read first time and attached to companion Senate File 124. BILL REFERRED TO COMMITTEE Senator Boettger asked and received unanimous consent that Senate File 226 be referred from the Regular Calendar to the committee on Ways and Means. RECESS On motion of Senator Boettger, the Senate recessed at 10:20 a.m. until 3:00 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 22, 2001 DEPARTMENT OF COMMERCE Insurance Division's Annual Report to the Legislature on External Review of Health Care Decisions, pursuant to Iowa Code chapter 514J. COMPANION BILLS RECEIVED On February 22, 2001, House File 192 was received and attached to companion Senate File 127 on the Senate calendar. On February 22, 2001, House File 230 was received and attached to companion Senate File 257 on the Senate calendar. On February 22, 2001, House File 267 was received and attached to companion Senate File 124 on the Senate calendar. REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 21, 2001, 4:36 p.m. Members Present: McLaren, Chair; Behn, Vice Chair; Bartz, Black, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Members Absent: Fraise, Ranking Member; Angelo and Fiegen (all excused). Committee Business: Passed SF 209. Adjourned: 4:50 p.m. COMMERCE Convened: February 21, 2001, 4:35 p.m. Members Present: Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bolkcom, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. Members Absent: Flynn (excused). Committee Business: Approved SSBs 1130 (as amended), 1143, and 1144 (as amended). Adjourned: 5:00 p.m. APPROPRIATIONS Convened: February 22, 2001, 8:10 a.m. Members Present: Lamberti, Chair; Angelo, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Gaskill, Hammond, Horn, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Soukup, Tinsman, Veenstra, and Zieman. Members Absent: Kramer, Vice Chair; and Flynn, Ranking Member (both excused). Committee Business: Approved LSB 2836xc (as amended). Recessed: 8:24 a.m. Reconvened: 8:40 a.m. Adjourned: 10:08 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 22, 2001, 1:06 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: Approved SSB 1027 (as amended). Presentation on community health concerns regarding large-scale livestock production. Adjourned: 1:56 p.m. INTRODUCTION OF BILLS Senate File 263, by committee on Commerce, a bill for an act relating to balloon payments on consumer loans secured by a certificate of title in a motor vehicle. Read first time under Rule 28 and placed on calendar. Senate File 264, by committee on Human Resources, a bill for an act relating to and establishing the resuscitation status orders Act, and providing penalties. Read first time under Rule 28 and placed on calendar. Senate File 265, by committee on Transportation, a bill for an act prohibiting the installation, distribution, or sale of nonoperative air bags and providing a penalty. Read first time under Rule 28 and placed on calendar. Senate File 266, by McKinley, a bill for an act relating to the release of certain personal information by the state department of transportation. Read first time under Rule 28 and referred to committee on Transportation. STUDY BILLS RECEIVED SSB 1162 Agriculture Relating to agricultural liens. SSB 1163 Agriculture Relating to species of animals by classifying certain species as livestock and providing exemptions from the sales and use tax for feed used to support the species. SSB 1164 Agriculture Providing assistance regarding the development of grapes and wine, and providing an appropriation. SUBCOMMITTEE ASSIGNMENTS Senate File 207 BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Hammond and Lundby Senate File 220 BUSINESS AND LABOR RELATIONS: King, Chair; Fraise and Greiner Senate File 227 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Zieman, Chair; Behn and Holveck Senate File 243 HUMAN RESOURCES: Veenstra, Chair; Holveck and Redwine SSB 1162 AGRICULTURE: Behn, Chair; Bartz and Fraise SSB 1163 AGRICULTURE: Sexton, Chair; Black and Gaskill SSB 1164 AGRICULTURE: Gaskill, Chair; Soukup and Veenstra COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 209, a bill for an act providing for the control of paratuberculosis, and providing for penalties. Recommendation: DO PASS. Final Vote: Ayes, 12: McLaren, Behn, Bartz, Black, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Nays, none. Absent or not voting, 3: Fraise, Angelo, and Fiegen. Fiscal Note: REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: *SENATE FILE 263 (SSB 1143), a bill for an act relating to balloon payments on consumer loans secured by a certificate of title in a motor vehicle. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Johnson, Schuerer, Deluhery, Bolkcom, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, Redfern, and Redwine. Nays, none. Absent or not voting, 1: Flynn. 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 263, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE 264 (SSB 1126), a bill for an act relating to and establishing the resuscitation status orders Act, and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Redwine, Tinsman, Hammond, Bartz, Behn, Boettger, Dvorsky, Harper, Miller, Schuerer, Shearer, and Veenstra. Nays, none. Absent or not voting, 1: Holveck. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: *SENATE FILE 265 (formerly SF 67), a bill for an act prohibiting the installation, distribution, or sale of nonoperative air bags and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Rittmer, Drake, Dearden, Fink, Freeman, Jensen, Kibbie, McKinley, Sexton, and Zieman. Nays, none. Absent or not voting, 3: McCoy, Fraise, and McLaren. 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 Transportation Committee on Senate File 265, and they were attached to the committee report. AFTERNOON SESSION The Senate reconvened at 3:00 p.m., President Pro Tempore McKean presiding. QUORUM CALL Senator Boettger requested a nonrecord roll call to determine that a quorum was present. The vote revealed 41 present, 9 absent, and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Kramer, for the day, on request of Senator Iverson; Senator McKibben, for the day, on request of Senator Gaskill; Senator Flynn, for the day, on request of Senator Gronstal; and Senator Bartz, until he arrives, on request of Senator Veenstra. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 141. Senate File 141 On motion of Senator Lamberti, Senate File 141, a bill for an act relating to the allocation of program job credits to program costs under the accelerated career education program and providing effective and retroactive applicability dates, was taken up for consideration. Senator Lamberti 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. 141), the vote was: Ayes, 45: Angelo Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Lamberti Lundby Maddox McCoy McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Bartz Flynn Fraise Kramer McKibben The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 203, 99, 102, and 258. Senate File 203 On motion of Senator Boettger, Senate File 203, a bill for an act extending the regular program district cost guarantee for school districts, and providing an effective date, was taken up for consideration. Senator Boettger 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. 203), the vote was: Ayes, 45: Angelo Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Lamberti Lundby Maddox McCoy McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Bartz Flynn Fraise Kramer McKibben The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 99 On motion of Senator Dvorsky, Senate File 99, 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, was taken up for consideration. Senator Dvorsky 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. 99), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Horn Iverson Jensen Johnson Kibbie King Lamberti Lundby Maddox McCoy McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Flynn Fraise Holveck Kramer McKibben The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 102 On motion of Senator Deluhery, Senate File 102, a bill for an act relating to charitable gift annuities, by providing for notice and filing requirements and providing for penalties, was taken up for consideration. Senator Deluhery 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. 102), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Lamberti Lundby Maddox McCoy McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn Fraise Kramer McKibben The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senate File 258 On motion of Senator Lamberti, Senate File 258, a bill for an act relating to the extension of the tobacco settlement authority Act, and providing an effective date, was taken up for consideration. Senator Lamberti 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. 258), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Lamberti Lundby Maddox McCoy McKean McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Flynn Fraise Kramer McKibben The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. Senator Boettger took the chair at 3:35 p.m. CONSIDERATION OF RESOLUTION (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for immediate consideration Senate Resolution 11. Senate Resolution 11 On motion of Senator McKean, Senate Resolution 11, a resolution requesting the legislative council to appoint a committee to promote truthfulness and honesty in political campaigns, with report of committee recommending passage, was taken up for consideration. Senator McKean moved the adoption of Senate Resolution 11, which motion prevailed by a voice vote. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 99, 102, 141, 203, and 258 be immediately messaged to the House. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 3:41 p.m. until 10:00 a.m. Monday, February 26, 2001. 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 22, 2001 DEPARTMENT OF NATURAL RESOURCES Fiscal Year 2000 Annual Report for Building Energy Management. REPORTS OF COMMITTEE MEETINGS SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: February 22, 2001, 1:05 p.m. Members Present: Rehberg, Chair; Zieman, Vice Chair; Behn, Dvorsky, Gaskill, Greiner, Holveck, Lamberti, McKinley, and Veenstra. Members Absent: Shearer, Ranking Member; Fiegen and Flynn (all excused). Committee Business: Presentation regarding revitalization of rural Iowa. Adjourned: 1:45 p.m. STATE GOVERNMENT Convened: February 22, 2001, 2:11 p.m. Members Present: King, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Bolkcom, Connolly, Dearden, Deluhery, Drake, Fink, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Members Absent: None. Committee Business: Approved SSB 1099 (as amended) and passed SF 165 (as amended). Adjourned: 2:45 p.m. INTRODUCTION OF BILLS Senate File 267, by committee on Appropriations, a bill for an act relating to state budgetary matters by providing for reductions and supplementation of appropriations made for the fiscal year beginning July 1, 2000, and transferring, crediting, and appropriating certain moneys, and providing an effective date. Read first time under Rule 28 and placed on Appropriations calendar. Senate File 268, by Harper, Dearden, Flynn, Shearer, Kibbie, Fiegen, Fink, Horn, Deluhery, Hammond, Fraise, Soukup, McCoy, Black, Gronstal, Bolkcom, Dvorsky, Holveck, and Connolly, a bill for an act providing authority to participating agencies to establish pilot projects for the refund of fees associated with certain licenses and certifications. Read first time under Rule 28 and referred to committee on State Government. Senate File 269, by Kibbie, a bill for an act limiting the amount of contributions a candidate for office may accept from outside the candidate's elective district, and providing for a civil penalty. Read first time under Rule 28 and referred to committee on State Government. Senate File 270, by Hammond, a bill for an act relating to health care coverage for employees of racing and gaming licensees. Read first time under Rule 28 and referred to committee on Commerce. Senate File 271, by Fiegen, a bill for an act relating to compensating judicial hospitalization referees, and making an appropriation. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 272, by Sexton, a bill for an act relating to scheduled fines for hunting and fishing violations. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 273, by Hansen, a bill for an act relating to the hunting of deer with a rifle and subjecting violators to a penalty. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 274, by Bolkcom, a bill for an act relating to delayed deposit loans, making penalties applicable, and providing for civil remedies. Read first time under Rule 28 and referred to committee on Commerce. Senate File 275, by Bolkcom, a bill for an act relating to resident advocate committee support and making an appropriation. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 276, by committee on Commerce, a bill for an act relating to the licensure of persons acting as insurance producers, providing an effective date, and applying penalties. Read first time under Rule 28 and placed on calendar. SUBCOMMITTEE ASSIGNMENTS Senate File 216 AGRICULTURE: Greiner, Chair; Black and Gaskill Senate File 244 AGRICULTURE: McLaren, Chair; Soukup and Veenstra Senate File 254 AGRICULTURE: McLaren, Chair; Fraise, Greiner, Kibbie, and Sexton Senate File 256 HUMAN RESOURCES: Miller, Chair; Bartz and Shearer EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on February 22, 2001, when the votes were taken on Senate Files 141 and 203. Had I been present, I would have voted "Aye" on both. MERLIN E. BARTZ MADAM PRESIDENT: I inadvertently missed the vote on Senate File 99 that was taken on February 22, 2001. Had I voted, I would have voted "Aye." JACK HOLVECK COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 267 (LSB 2836xc), a bill for an act relating to state budgetary matters by providing for reductions and supplementation of appropriations made for the fiscal year beginning July 1, 2000, and transferring, crediting, and appropriating certain moneys, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Lamberti, Angelo, Behn, Gaskill, Jensen, King, Lundby, McKibben, Redfern, Rehberg, Schuerer, Tinsman, Veenstra, and Zieman. Nays, 9: Black, Bolkcom, Connolly, Deluhery, Dvorsky, Fiegen, Hammond, Horn, and Soukup. Absent or not voting, 2: Kramer and Flynn. 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 Appropriations Committee on Senate File 267, and they were attached to the committee report. COMMERCE Final Bill Action: *SENATE FILE 276 (SSB 1144), a bill for an act relating to the licensure of persons acting as insurance producers, providing an effective date, and applying penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Johnson, Schuerer, Deluhery, Bolkcom, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox, McCoy, and Redwine. Nays, none. Absent or not voting, 2: Flynn and Redfern. 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 276, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 165, a bill for an act enacting the Iowa English language reaffirmation Act of 2001. Recommendation: AMEND AND DO PASS, AS PROVIDED IN AMENDMENT S-3073. Final Vote: Ayes, 9: King, Lamberti, Drake, Jensen, Maddox, McKean, McLaren, Rittmer, and Sexton. Nays, 6: Kibbie, Bolkcom, Connolly, Dearden, Deluhery, and Fink. Absent or not voting, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENT FILED S-3073 S.F. 165 State Government 400 JOURNAL OF THE SENATE 46th Day 46th Day THURSDAY, FEBRUARY 22, 2001 401
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