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FIFTY-SECOND CALENDAR DAY THIRTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 28, 2001 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by the Reverend David Ruhe, pastor of the Plymouth Congregational Church in Des Moines, Iowa, guest of Senator Kramer. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 124. Senate File 124 On motion of Senator Black, Senate File 124, a bill for an act renaming the waste management assistance division of the department of natural resources, was taken up for consideration. Senator Black asked and received unanimous consent that House File 267 be substituted for Senate File 124. House File 267 On motion of Senator Black, House File 267, a bill for an act renaming the waste management assistance division of the department of natural resources, was taken up for consideration. Senator Black 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?" (H.F. 267), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Gronstal Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McCoy McKean McKibben McKinley McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 1: Sexton The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Black asked and received unanimous consent that Senate File 124 be withdrawn from further consideration of the Senate. UNFINISHED BUSINESS (Deferred February 27, 2001) Senate File 222 The Senate resumed consideration of Senate File 222, 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, deferred February 27, 2001. Senator Angelo offered amendment S-3114, filed by Senator Angelo, et al., on February 27, 2001, to page 1 of the bill, and moved its adoption. Amendment S-3114 was adopted by a voice vote. Senator Maddox 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. 222), the vote was: Ayes, 35: Angelo Bartz Behn Black Boettger Drake Flynn Fraise Freeman Gaskill Greiner Gronstal Hansen Iverson Jensen Johnson Kibbie King Kramer Lamberti Lundby Maddox McKibben McKinley McLaren Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Tinsman Veenstra Zieman Nays, 15: Bolkcom Connolly Dearden Deluhery Dvorsky Fiegen Fink Hammond Harper Holveck Horn McCoy McKean Miller Shearer Absent or not voting, none. The bill, having received a constitutional majority, was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 106. Senate File 106 On motion of Senator Fiegen, Senate File 106, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates, was taken up for consideration. Senator Fiegen offered amendment S-3022, filed by the committee on Judiciary on February 6, 2001, to pages 4, 9, and 13 of the bill, and moved its adoption. Amendment S-3022 was adopted by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Gronstal, until he returns, on request of Senator Fink. BUSINESS PENDING Senate File 106 The Senate resumed consideration of Senate File 106. Senator Fiegen 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. 106), the vote was: Ayes, 49: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fiegen Fink Flynn Fraise Freeman Gaskill Greiner Hammond Hansen Harper Holveck Horn Iverson Jensen Johnson Kibbie King Kramer 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, 1: Gronstal 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 Files 106 and 222 and House File 267 be immediately messaged to the House. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on February 28, 2001, passed the following bill in which the concurrence of the Senate is asked: House File 229, a bill for an act relating to judicial district departments of correctional services by providing for a judgment lien for supervision fees and for the establishment of a reserve peace officer force. Read first time and referred to committee on Judiciary. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 10:47 a.m. until 9:00 a.m. Thursday, March 1, 2001. APPENDIX APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees on February 27, 2001, to investigate the appointment and reappointment of the following appointees: AGRICULTURE As a member of the Iowa Grain Indemnity Fund Board: THOMAS KALDENBERG - Angelo, Chair; Behn and Soukup COMMERCE As Superintendent of Banking: HOLMES FOSTER - Jensen, Chair; Deluhery and Johnson EDUCATION As Director of the Department of Cultural Affairs: ANITA WALKER JESSEN - McKinley, Chair; Rehberg and Soukup As a member of the Board of Educational Examiners: VERONICA STALKER - Redfern, Chair; Shearer and Tinsman HUMAN RESOURCES As a member of the Board of Behavioral Science Examiners: ELIZABETH SHANNAHAN - Holveck, Chair; Miller and Schuerer As a member of the Iowa Empowerment Board: REBECCA BURGART - Boettger, Chair; Dvorsky and Veenstra As a member of the Council on Human Services: SYLVIA SCHOER - Harper, Chair; Behn and Tinsman As members of the Commission on Tobacco Use Prevention and Control: GILDA BETTIS - Hammond, Chair; Behn and Schuerer KERMIT DAHLEN - Redwine, Chair; Boettger and Hammond DIXIE DAUGHERTY - Miller, Chair; Bartz and Hammond RANDY MEYER - Holveck, Chair; Behn and Schuerer FRANK O'CONNOR - Behn, Chair; Boettger and Harper PAUL POMREHN - Dvorsky, Chair; Bartz and Tinsman SHARON WELLENDORF - Shearer, Chair; Bartz and Veenstra JUDICIARY As Director of the Department of Corrections: WALTER L. KAUTZKY - Angelo, Chair; Fraise and McKean As members of the Iowa Drug Policy Advisory Council: ED BARNES - Miller, Chair; Boettger and Hammond DOUGLAS BOOK - Lamberti, Chair; Horn and Tinsman PAMELA DETTMANN - Redfern, Chair; Holveck and King DIANE THOMAS - Tinsman, Chair; Hansen and Maddox LOCAL GOVERNMENT As members of the City Development Board: LAVON GRIFFIEON - Bartz, Chair; Johnson and McCoy JAMES HALVERSON - Bartz, Chair; Johnson and McCoy As a member of the County Finance Committee: KEVIN WYNN - Angelo, Chair; Gaskill and Hansen As members of the Iowa Lewis and Clark Bicentennial Commission: MARK MONSON - Black, Chair; McKibben and Zieman KARI SLIVA - Fraise, Chair; Schuerer and Zieman NATURAL RESOURCES AND ENVIRONMENT As a member of the Environmental Protection Commission: LISA DAVIS COOK - Bartz, Chair; Black and Johnson As a member of the Natural Resource Commission: RICHARD FRANCISCO - Johnson, Chair; Fink and McLaren As Director of the Department of Natural Resources: JEFFREY R. VONK - Sexton, Chair; Bartz and Fink As a member of the Renewable Fuels and Coproducts Advisory Committee: KAREN ANDERSEN-SCHANK - McLaren; Johnson and Kibbie SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM As members of the Small Business Advisory Council: ALISON DOYLE - Zieman, Chair; Dvorsky and Gaskill NICHOLAS HENDERSON - Lamberti, Chair; Behn and Fiegen STATE GOVERNMENT As a member of the Board of Chiropractic Examiners: STEVEN KRAUS - Sexton, Chair; Dearden and Jensen As a member of the Engineering and Land Surveying Examining Board: FORREST HOLLY, JR. - Bolkcom, Chair; Drake and Maddox As members of the Information Technology Council: MARY BRANDSGARD - Deluhery, Chair; McKean and Rittmer CYNTHIA EISENHAUER - Lamberti, Chair; Dearden and McLaren SANDRA GLENN - Connolly, Chair; Jensen and Sexton DIANE KOLMER - King, Chair; Dearden and McLaren TIMOTHY LAPOINTE - Deluhery, Chair; King and Maddox SHARMAN SMITH - King, Chair; Dearden and Maddox ROSE VASQUEZ - Fink, Chair; King and Maddox As Director of the Information Technology Department: RICHARD J. VARN - McKean, Chair; Jensen and Kibbie As Administrator of the Administration Division of the Department of Information Technology: SANDRA L. DELL - Maddox, Chair; Deluhery and McLaren As Administrator of the Customer Liaison Division of the Department of Information Technology: SHARON K. SPERRY - Dearden, Chair; Deluhery and King As Administrator of the Digital Government Bureau of the Department of Information Technology: DANIEL A. COMBS - King, Chair; Deluhery and Rittmer As Administrator of the Operations Division of the Department of Information Technology: RUSSELL F. ROZINEK - Rittmer, Chair; Deluhery and King As Administrator of the Policy and Planning Division of the Department of Information Technology: DEBORAH A. O'LEARY - Kibbie, Chair; King and Rittmer As members of the IowAccess Advisory Council: QUENTIN BOYKEN - Maddox, Chair; Fink and McKean MARSHA CARTER - McLaren, Chair; Fink and Sexton GAIL FLAGEL - Drake, Chair; Connolly and Jensen JANE GINAPP - Jensen, Chair; Connolly and Drake KELLY HAYWORTH - Bolkcom, Chair; Rittmer and Sexton CRAIG HIEMSTRA - Maddox, Chair; Dearden and Jensen CAROL JOHNSON - Jensen, Chair; Connolly and Drake CORLIS MOODY - Lamberti, Chair; Kibbie and King RICHARD NERI - Lamberti, Chair; Kibbie and King JULIE NEWBY - Fink, Chair; King and Maddox BOB SKOW - Deluhery, Chair; McLaren and Sexton HERBERT STRENTZ - McLaren, Chair; Connolly and Sexton JOHN WELLMAN - Kibbie, Chair; Drake and Fink As members of the Board of Massage Therapy Examiners: DEBRA BROOKS - Sexton, Chair; Dearden and King JUSTIN FISHER - McLaren, Chair; Dearden and Sexton As members of the Board of Medical Examiners: MICHAEL BYRNE - Deluhery, Chair; Lamberti and McKean SUSAN JOHNSON - Jensen, Chair; Connolly and Drake As members of the State Board of Examiners for Nursing Home Administrators: SUSAN FREY - Jensen, Chair; Connolly and Drake JUDY WELLER - Rittmer, Chair; Jensen and Kibbie As Trustee of the Peace Officers' Retirement, Accident, and Disability System: TERRANCE LILLIS - Drake, Chair; Kibbie and Rittmer As a member of the Board of Pharmacy Examiners: PAUL ABRAMOWITZ - Bolkcom, Chair; Jensen and Sexton As a member of the Board of Podiatry Examiners: ANGELA LANGREHR - Dearden, Chair; Drake and Maddox As a member of the Real Estate Appraiser Examining Board: CINDY HANSEN - Drake, Chair; Connolly and Jensen As Chairperson of the Vision Iowa Board: MICHAEL GARTNER - Lamberti, Chair; Fink and King As Vice Chairperson of the Vision Iowa Board: DIANNE PACA - Lamberti, Chair; Fink and King As members of the Vision Iowa Board: MARVIN BERENSTEIN - McKean, Chair; Kibbie and Maddox MARY ELLEN CHAMBERLIN - Deluhery, Chair; Connolly and McLaren GREGG CONNELL - McLaren, Chair; Bolkcom and Sexton SWATI DANDEKAR - Connolly, Chair; McLaren and Sexton SHARON JUON - Jensen, Chair; Connolly and Rittmer JERRY KEARNS - Drake, Chair; Dearden and McKean BRADFORD PARKS - Lamberti, Chair; Fink and King LAMETTA WYNN - Rittmer, Chair; Connolly and Jensen WAYS AND MEANS As Executive Director of the Iowa Finance Authority: MICHAEL L. TRAMONTINA - Lamberti, Chair; Harper and Maddox As a member of the Iowa Finance Authority: RICHARD WRIGHT - Rehberg, Chair; Holveck and Redwine As a member of the State Board of Tax Review: COURTNEY KAY-DECKER - Greiner, Chair; Deluhery and McKinley REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 28, 2001, 2:40 p.m. Members Present: McLaren, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Fiegen, Gaskill, Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Members Absent: Black (excused). Committee Business: Approved SSBs 1163 (as amended), 1164 (as amended), 1176, and 1177. Adjourned: 3:15 p.m. BUSINESS AND LABOR RELATIONS Convened: February 28, 2001, 10:55 a.m. Members Present: Freeman, Chair; Greiner, Vice Chair; Dearden, Ranking Member; Behn, Fraise, Hammond, Horn, King, Lundby, McKibben, and Schuerer. Members Absent: None. Committee Business: Presentation by the Commissioner of Labor, Byron Orton. Adjourned: 11:40 a.m. COMMERCE Convened: February 28, 2001, 2:41 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 SSB 1158 (as amended). Approved Governor's appointment for Superintendent of Banking. Adjourned: 2:51 p.m. EDUCATION Convened: February 28, 2001, 10:48 a.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 1086. Adjourned: 11:44 a.m. JUDICIARY Convened: February 28, 2001, 1:35 p.m. Members Present: Maddox, Chair; Redfern, Vice Chair; Holveck, Ranking Member; Angelo, Boettger, Fiegen, Fraise, Hammond, Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman. Members Absent: None. Committee Business: Approved SSB 1066 (as amended). Adjourned: 2:35 p.m. INTRODUCTION OF RESOLUTION Senate Resolution 16, by Redfern and Harper, a Senate resolution designating the Grout Museum of History and Science as the official repository of artifacts related to the Sullivan Brothers. Read first time under Rule 28 and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 308, by Shearer, Dearden, Flynn, Harper, Kibbie, Fiegen, Fink, Horn, Deluhery, Hammond, Fraise, Soukup, McCoy, Black, Gronstal, Bolkcom, Dvorsky, Holveck, and Connolly, a bill for an act relating to government accountability, by providing for strategic planning, performance measurement and reporting, performance audits, performance contracting, return on investment, and oversight, and providing for its implementation. Read first time under Rule 28 and referred to committee on State Government. Senate File 309, by Redfern, a bill for an act relating to the membership of the board of educational examiners. Read first time under Rule 28 and referred to committee on Education. Senate File 310, by Redfern, a bill for an act relating to community college faculty members by exempting certain community college faculty members from the practitioner licensure requirements and providing for tenure policies and time limits for tenure determinations. Read first time under Rule 28 and referred to committee on Education. Senate File 311, by Bartz, a bill for an act providing a civil cause of action for false accusations relating to the sale of alcohol to a person under legal age, made against a liquor licensee or permittee. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 312, by Rittmer, a bill for an act relating to the number of official newspapers in certain counties and the cost of publication. Read first time under Rule 28 and referred to committee on Local Government. Senate File 313, by Rittmer, a bill for an act relating to removal of county board of supervisor appointees. Read first time under Rule 28 and referred to committee on Local Government. Senate File 314, by Redfern, a bill for an act lowering the blood alcohol concentration limit to .08 for motor vehicle and boat operating-while-intoxicated offenses. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 315, by Connolly and Lundby, a bill for an act creating a Mississippi river blufflands development and conservation authority and providing for its membership, powers and duties, and funding. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 316, by Hansen, a bill for an act relating to work schedules at polling places. Read first time under Rule 28 and referred to committee on State Government. Senate File 317, by Hansen, a bill for an act creating the offense of illegal purchase or possession of body armor and providing penalties. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 318, by Hansen, a bill for an act providing for state liability for payment for expenses of a child in juvenile detention following the entry of a dispositional order for placement. Read first time under Rule 28 and referred to committee on Human Resources. STUDY BILLS RECEIVED SSB 1176 Agriculture Providing for taxes relating to the sale of ethanol blended gasoline, making penalties applicable, and providing for the Act's applicability. SSB 1177 Agriculture Relating to corporations financing agricultural industry ventures by providing for their board of directors and providing an applicability date. SSB 1178 State Government Relating to government accountability, by providing for strategic planning, performance measurement and reporting, performance audits, performance contracting, return on investment, and oversight, and providing for its implementation. SSB 1179 Local Government Relating to county maintenance of weeds. SSB 1180 Transportation Relating to the graduated driver's licensing system's requirements for full driver's licenses. SSB 1181 Business and Labor Relations Relating to unemployment compensation by continuing the employment security administrative contribution surcharge and its fund, and providing an effective date. SSB 1182 Business and Labor Relations Relating to unemployment compensation by providing that social security pension payments are nondeductible from unemployment benefits. SSB 1183 Business and Labor Relations Relating to laws administered by the labor commissioner, including asbestos removal and encapsulation regulation, boilers and unfired steam pressure vessel regulation, boxing and wrestling regulation, construction contractors, and child and migrant labor regulation. SUBCOMMITTEE ASSIGNMENTS Senate File 262 TRANSPORTATION: Rittmer, Chair; Drake and McCoy Senate File 288 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Veenstra, Chair; Flynn and McKinley Senate File 289 LOCAL GOVERNMENT: Bartz, Chair; Black and Zieman Senate File 291 TRANSPORTATION: Fraise, Chair; Freeman and Kibbie Senate File 292 AGRICULTURE: Black, Chair; Angelo and Sexton Senate File 293 AGRICULTURE: Greiner, Chair; Soukup and Zieman Senate File 294 SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM: Greiner, Chair; Shearer and Veenstra Senate File 295 WAYS AND MEANS: Maddox, Chair; Holveck and Rehberg Senate File 298 WAYS AND MEANS: Greiner, Chair; Deluhery and Redwine Senate File 299 WAYS AND MEANS: McKinley, Chair; Harper and Lamberti Senate File 300 EDUCATION: Harper, Chair; Boettger and Redfern Senate File 301 WAYS AND MEANS: Miller, Chair; Drake and Flynn Senate File 303 EDUCATION: Redfern, Chair; Connolly and Tinsman Senate File 306 WAYS AND MEANS: Drake, Chair; Holveck and Maddox Senate File 309 EDUCATION: Redfern, Chair; Dvorsky and Tinsman Senate File 310 EDUCATION: Redfern, Chair; Angelo, Connolly, Dvorsky, and Redwine House Concurrent Resolution 9 AGRICULTURE: Gaskill, Chair; Behn and Shearer House File 270 EDUCATION: Rehberg, Chair; McKinley and Soukup House File 293 EDUCATION: Tinsman, Chair; Fink and Veenstra House File 355 EDUCATION: McKinley, Chair; Redwine and Shearer SSB 1176 AGRICULTURE: Behn, Chair; Bartz, Gaskill, Kibbie, and Shearer SSB 1177 AGRICULTURE: Kibbie, Chair; Fraise and McLaren SSB 1178 STATE GOVERNMENT: McLaren, Chair; Connolly, Deluhery, Drake, and King SSB 1179 LOCAL GOVERNMENT: Zieman, Chair; Angelo and Fraise SSB 1180 TRANSPORTATION: McKinley, Chair; Dearden and Jensen SSB 1181 BUSINESS AND LABOR RELATIONS: Behn, Chair; Fraise, Freeman, Horn, and Schuerer SSB 1182 BUSINESS AND LABOR RELATIONS: McKibben, Chair; Dearden and Lundby SSB 1183 BUSINESS AND LABOR RELATIONS: King, Chair; Greiner and Horn REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate File 106, the following corrections were made: 1. Page 35, line 19, the word and number "Section 49" were changed to the word and number "Section 52". 2. Page 35, line 22, the word and number "Section 79" were changed to the word and number "Section 82". 3. Page 35, line 25, the word and number "Section 88" were changed to the word and number "Section 91". 4. Page 35, line 26, the word and number "Section 89" were changed to the word and number "Section 92". MICHAEL E. MARSHALL Secretary of the Senate GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the En Bloc Calendar with recommendation for confirmation: COMMERCE Holmes Foster - Superintendent of Banking 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 28, 2001 TOBACCO SETTLEMENT AUTHORITY GOVERNING BOARD Financial Study: Alternative Funding Options for Tobacco Settlement Revenue compiled by Public Financial Management - January 5, 2001, and February 14, 2001. AMENDMENTS FILED S-3123 S.F. 267 Steven D. Hansen S-3124 S.F. 267 Steven D. Hansen 458 JOURNAL OF THE SENATE 52nd Day 52nd Day WEDNESDAY, FEBRUARY 28, 2001 459
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