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Senate Journal: Monday, March 12, 2001

  SIXTY-FOURTH CALENDAR DAY
  THIRTY-SEVENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, March 12, 2001

  The Senate met in regular session at 1:14 p.m., President
  Pro Tempore McKean presiding.

  Prayer was offered by Bishop Gregory Palmer of the United
  Methodist Church in Des Moines, Iowa, guest of Senator Maddox.

  The Journal of Thursday, March 8, 2001, was approved.

  SPECIAL GUEST

  Senator Boettger welcomed Jae Il Kim of South Korea to the
  Senate.  Mr. Kim is the Deputy Chairman of the Public Relations
  Committee of the ruling Millennium Democratic Party and is here
  with the International Visitor Program.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:32 p.m.
  until 9:00 a.m. Tuesday, March 13, 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:

  March 12, 2001

  AGENCY ICN REPORT

  IOWA NATIONAL GUARD

  Report on Iowa Communications Network usage for FY 2000.

  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:

  AGRICULTURE

  Thomas Kaldenberg - Iowa Grain Indemnity Fund Board

  CERTIFICATES OF RECOGNITION

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

  Harrison Farrell, Des Moines - For receiving the "Character Counts Award for
  Responsibility."  Senator Holveck (03/12/01).

  Brendan DeVine Meyer, Decorah - For achieving the rank of Eagle Scout.
  Senator
  Zieman (03/11/01).

  PETITION

  The following petition was presented and placed on file:

  From 25 residents of Cerro Gordo County, Iowa, opposing
  legislation to expand Iowa's beverage container law.  Senator Bartz.
  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened:  March 12, 2001, 1:55 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 1162 (as amended) and 1215.  Passed HCR
  9.
  Approved Governor's appointee.

  Adjourned:  2:30 p.m.

  COMMERCE

  Convened:  March 12, 2001, 1:55 p.m.

  Members Present:  Johnson, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member; Bolkcom, Freeman, Gronstal, Hansen, Jensen, King, Lundby, Maddox,
  McCoy, and Redwine.

  Members Absent:  Flynn and Redfern (both excused).

  Committee Business:  Approved SSBs 1117 (without recommendation) and 1198.

  Adjourned:  2:20 p.m.

  EDUCATION

  Convened:  March 12, 2001, 3:43 p.m.

  Members Present:  Boettger, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member; Angelo, Dvorsky, Fink, Harper, Kramer, McKinley, Redwine, Shearer,
  Soukup, Tinsman, and Veenstra.

  Members Absent:  Redfern (excused).

  Committee Business:  Subcommittee assignments.

  Adjourned:  3:45 p.m.

  HUMAN RESOURCES

  Convened:  March 12, 2001, 2:40 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 SSBs 1019 (as amended), 1213, and 1214 (as
  amended).  Passed SCR 12.  Approved Governor's appointees.

  Adjourned:  3:30 p.m.

  TRANSPORTATION

  Convened:  March 12, 2001, 2:40 p.m.

  Members Present:  Rittmer, Chair; Drake, Vice Chair; McCoy, Ranking Member;
  Dearden, Fink, Fraise, Freeman, Jensen, Kibbie, McKinley, Sexton, and
  Zieman.

  Members Absent:  McLaren (excused).

  Committee Business:  Passed SF 291.  Subcommittee assignments.

  Adjourned:  3:00 p.m.

  INTRODUCTION OF BILLS

  Senate File 411, by committee on Business and Labor Relations,
  a bill for an act providing for the establishment of a commission on
  the status of Iowans of Asian and Pacific Islander heritage within the
  department of human rights.

  Read first time under Rule 28 and placed on calendar.

  Senate File 412, by committee on Education, a bill for an act
  relating to the compulsory attendance age and attendance at school
  during the regular school calendar by a child who has reached the age
  of sixteen.

  Read first time under Rule 28 and placed on calendar.

  Senate File 413, by committee on Judiciary, a bill for an act
  relating to a criminal sentence subject to the maximum accumulation
  of earned time credits of fifteen percent of the total sentence of
  confinement.

  Read first time under Rule 28 and placed on calendar.
  Senate File 414, by committee on Judiciary, a bill for an act
  relating to the crimes of burglary and forgery and providing
  penalties.

  Read first time under Rule 28 and placed on calendar.

  Senate File 415, by committee on Judiciary, a bill for an act
  relating to the jurisdiction of district associate judges.

  Read first time under Rule 28 and placed on calendar.

  Senate File 416, by committee on Judiciary, a bill for an act
  providing for municipal tort liability in connection with claims based
  upon gross negligence in emergency response situations.

  Read first time under Rule 28 and placed on calendar.

  Senate File 417, by committee on Judiciary, a bill for an act
  relating to the qualifications and duties of the clerk of court.

  Read first time under Rule 28 and placed on calendar.

  Senate File 418, by committee on Business and Labor Relations,
  a bill for an act relating to unemployment compensation by providing
  that social security pension payments are nondeductible from
  unemployment benefits and providing for coverage for employment by
  an Indian tribe.

  Read first time under Rule 28 and placed on calendar.

  Senate File 419, by committee on Judiciary, a bill for an act
  providing for protection from domestic abuse for persons in an
  intimate relationship.

  Read first time under Rule 28 and placed on calendar.

  Senate File 420, by Fink, a bill for an act concerning service
  credit under the Iowa public employees' retirement system for
  military service.
  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 421, by Tinsman, a bill for an act prohibiting the
  disclosure and use of certain genetic information with respect to
  health insurance coverage and employment.

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

  Senate File 422, by Tinsman, a bill for an act increasing the
  exemption for pension and retirement income for purposes of state
  individual income tax and providing an applicability date.

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

  Senate File 423, by Rehberg, a bill for an act relating to the
  responsibilities and duties of the department of education and the
  commission of libraries, including the renaming of the regional
  library system, the appointment of trustees for the unified library
  service areas, development of a biennial unified plan of service and
  service delivery in consultation with unified library service areas and
  area education agency media centers, and distribution of moneys
  allocated for purposes of the enrich Iowa program.

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

  Senate File 424, by Fiegen, a bill for an act relating to foster
  parent reimbursement and foster care clothing allowances.

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

  Senate File 425, by committee on Commerce, a bill for an act
  relating to standards of and participation in the title guaranty
  program.

  Read first time under Rule 28 and placed on calendar.
  STUDY BILLS RECEIVED

  SSB 1218	Transportation

  Providing an exception to motor vehicle lighting requirements for
  drivers of police vehicles.

  SSB 1219	Judiciary

  Relating to the establishment by the Iowa department of public
  health of a substance abuse treatment facility for persons on
  probation due to the commission of a criminal offense.

  SSB 1220	Judiciary

  Relating to the retention of private attorneys by the state.

  SSB 1221	Transportation

  Relating to advertising devices placed along interstate highways.

  SSB 1222	Judiciary

  Relating to the licensing and regulation of manufactured or mobile
  homes and providing coordinating amendments.

  SSB 1223	Judiciary

  Creating alternative criminal sentences.

  SSB 1224	Appropriations

  Making a supplement appropriation to the state department of
  transportation from the primary road fund for the purchase of salt
  and including an effective date.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 400

  COMMERCE:  Jensen, Chair; Deluhery and King
  Senate File 401

  EDUCATION:  Boettger, Chair; Rehberg and Soukup

  Senate File 402

  EDUCATION:  Connolly, Chair; Boettger and Redwine

  Senate File 408

  WAYS AND MEANS:  Miller, Chair; Holveck and Maddox

  Senate File 409

  WAYS AND MEANS:  McKibben, Chair; Harper and McKinley

  SSB 1218

  TRANSPORTATION:  Zieman, Chair; Dearden and Kibbie

  SSB 1219

  JUDICIARY:  Maddox, Chair; Hammond and McKean

  SSB 1220

  JUDICIARY:  Lamberti, Chair; Angelo and Fraise

  SSB 1221

  TRANSPORTATION:  Freeman, Chair; Fraise and Zieman

  SSB 1222

  JUDICIARY:  McKean, Chair; Fraise and Tinsman

  SSB 1223

  JUDICIARY:  McKean, Chair; Angelo and Horn

  SSB 1224

  APPROPRIATIONS:  Jensen, Chair; McKibben and Soukup

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  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.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  McLaren, Behn, Fraise, Angelo, Bartz, Fiegen,
  Gaskill,
  Greiner, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman.  Nays, none.
  Absent
  or not voting, 1:  Black.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  BUSINESS AND LABOR RELATIONS

  Final Bill Action:  *SENATE FILE 411 (formerly SF 70), a bill for an act
  providing
  for the establishment of a commission on the status of Iowans of Asian and
  Pacific
  Islander heritage within the department of human rights.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Freeman, Greiner, Behn, Fraise, Hammond, Horn, King,
  Lundby, McKibben, and Schuerer.  Nays, none.  Absent or not voting, 1:
  Dearden.

  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 Business and Labor Relations Committee on
  Senate File 411,
  and they were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 418 (SSB 1182), a bill for an act relating
  to
  unemployment compensation by providing that social security pension payments
  are
  nondeductible from unemployment benefits and providing for coverage for
  employment
  by an Indian tribe.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Freeman, Greiner, Behn, Fraise, Hammond, Horn, King,
  Lundby, McKibben, and Schuerer.  Nays, none.  Absent or not voting, 1:
  Dearden.

  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 Business and Labor Relations Committee on
  Senate File 418,
  and they were attached to the committee report.

  COMMERCE

  Final Bill Action:  SENATE FILE 425 (SSB 1198), a bill for an act relating
  to
  standards of and participation in the title guaranty program.
  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.

  EDUCATION

  Final Bill Action:  *SENATE FILE 412 (formerly SF 369), a bill for an act
  relating to
  the compulsory attendance age and attendance at school during the regular
  school
  calendar by a child who has reached the age of sixteen.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Boettger, Rehberg, Connolly, Angelo, Dvorsky, Fink,
  Harper,
  Kramer, McKinley, Redfern, Redwine, Shearer, Soukup, Tinsman, 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 Education Committee on Senate File 412, and
  they were
  attached to the committee report.

  JUDICIARY

  Final Bill Action:  SENATE FILE 413 (SSB 1204), a bill for an act relating
  to a
  criminal sentence subject to the maximum accumulation of earned time credits
  of
  fifteen percent of the total sentence of confinement.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise,
  Hammond,
  Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, none.
  Absent or
  not voting, 1:  Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 414 (SSB 1151), a bill for an act relating
  to the
  crimes of burglary and forgery and providing penalties.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise,
  Hansen,
  Horn, Lamberti, McKean, Miller, and Tinsman.  Nays, 1:  King.  Absent or not
  voting,
  2:  Redfern and Hammond.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  SENATE FILE 415 (formerly SF 282), a bill for an act
  relating to
  the jurisdiction of district associate judges.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise,
  Hammond,
  Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, none.  Absent or
  not
  voting, 2:  Redfern and Hansen.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 416 (SSB 1107), a bill for an act providing
  for
  municipal tort liability in connection with claims based upon gross
  negligence in
  emergency response situations.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Maddox, Holveck, Boettger, Fiegen, Fraise, Hammond,
  Hansen,
  Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, 1:  Angelo.
  Absent or not
  voting, 1:  Redfern.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 417 (SSB 1169), a bill for an act relating
  to the
  qualifications and duties of the clerk of court.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise,
  Hammond,
  Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, 1:  Hansen.
  Absent or not
  voting, 1:  Redfern.

  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 417, and
  they were
  attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 419 (SSB 1050), a bill for an act providing
  for
  protection from domestic abuse for persons in an intimate relationship.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 14:  Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise,
  Hammond,
  Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, none.
  Absent or
  not voting, 1:  Redfern.

  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 419, and
  they were
  attached to the committee report.

  ALSO:

  Final Bill Action:  HOUSE FILE 228, a bill for an act relating to the duties
  of the
  department of public safety.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  Maddox, Holveck, Angelo, Boettger, Fiegen, Fraise,
  Hammond,
  Hansen, Horn, King, Lamberti, McKean, Miller, and Tinsman.  Nays, none.
  Absent or
  not voting, 1:  Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  608	JOURNAL OF THE SENATE	64th Day
  64th Day	MONDAY, MARCH 12, 2001	607

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