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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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