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THIRTY-NINTH CALENDAR DAY TWENTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 20, 1997 The Senate met in regular session at 9:12 a.m., President Kramer presiding. Prayer was offered by Dr. William Hamm, President of Waldorf College, Forest City, Iowa. The Journal of Wednesday, February 19, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator King for the day on request of Senator Iverson. COMMITTEE ON MEMORIALS Senator Iverson moved that a committee of four be appointed as a committee on Memorial Resolutions to appoint committees to prepare suitable resolutions for deceased members of the Senate. The motion prevailed by a voice vote and the Chair announced the appointment of Senators Boettger, Chair; Jensen, Palmer and Kibbie. RECESS On motion of Senator Iverson, the Senate recessed at 9:30 a.m., until 1:00 p.m. 39th Day THURSDAY, FEBRUARY 20, 1997 341 APPENDIX PRESENTATION OF VISITORS Senator Kibbie presented the Honorable James Schaben, former member of the Senate from Harrison County, who was present in the Senate chamber. The Chair welcomed the following visitors who were present in the Senate chamber: Members of the Shelby County 4-H program. Senator Boettger. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to a standing committee for investigation were placed on the En Bloc Calendar with recommendation for confirmation on February 19, 1997: EDUCATION Charlene R. Fulton, State Board of Education. James H. Arenson, State Board of Regents. REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 19, 1997, 8:35 a.m. Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Kibbie, Rehberg, Rife, Vilsack and Zieman. Members Absent: Hedge (excused). Committee Business: Assigned bills to subcommittees; deferred action on SSB 137. Adjourned: 9:10 a.m. BUSINESS AND LABOR Convened: February 19, 1997, 3:03 p.m. Members Present: Rife, Chair; Dearden, Ranking Member; Behn, Freeman, Gettings, Horn, Palmer, Schuerer and Zieman. Members Absent: King, Vice Chair (excused) and Jensen. 342 JOURNAL OF THE SENATE 39th Day Committee Business: Presentations regarding occupational hearing loss. Adjourned: 4:00 p.m. EDUCATION Convened: February 19, 1997, 3:12 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Members Absent: none. Committee Business: Assigned bills to subcommittees; approved SSB 124 as a committee bill; recommended confirmation of governor's appointees. Adjourned; 3:56 p.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 19, 1997, 10:05 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Vilsack, Ranking Member; Fink and Zieman. Members Absent: none. Committee Business: Presentations on Iowa Business Council and apprenticeship programs. Adjourned: 11:43 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 19, 1997, 10:25 a.m. Members Present: Rittmer, Chair; Redfern, Vice Chair and Flynn, Ranking Member. Members Absent: Jensen and Palmer (both excused). Committee Business: Presentation by the department of public health regarding abstinence education. Adjourned: 10:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 19, 1997, 10:16 a.m. Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Redwine and Szymoniak. 39th Day THURSDAY, FEBRUARY 20, 1997 343 Members Absent: none. Committee Business: Presentations by LFB and the department of management. Adjourned: 11:29 a.m. APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNCATIONS Convened: February 19, 1997, 10:10 a.m. Members Present: Rife, Chair; Neuhauser, Ranking Member; Deluhery and McLaren. Members Absent: Kramer, Vice Chair (excused). Committee Business: Presentations by: the director of employment services on the department of workforce development; the Urbandale city administrator regarding inter-governmental information technology; video on digital signatures. Adjourned: 11:40 a.m. APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE & CAPITALS. Convened: February 19, 1997, 10:10 a.m. Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: none. Committee Business: Subcommittee amended and approved and submitted proposed appropriations transportation bill to the full appropriations committee. Adjourned: 11:45 a.m. COMMITTEE REPORT TRANSPORTATION Final Bill Action: *SENATE FILE 177 (SSB 15), a bill for an act relating to motor vehicle operator prohibitions and restrictions including exhibition driving, littering, blood alcohol test certificates, and handicapped parking, and by establishing or making existing penalties applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, Lind, McKean, McKibben and Rittmer. Nays, none. 344 JOURNAL OF THE SENATE 39th Day 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 177 and they were attached to the committee report. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 5 STATE GOVERNMENT: Szymoniak, Chair; Lundby and Tinsman Senate File 151 WAYS AND MEANS: Douglas, Chair; Connolly and McKibben Senate File 158 WAYS AND MEANS: Douglas, Chair; Freeman and Judge Senate File 166 STATE GOVERNMENT: King, Chair; Drake, Gronstal, Kibbie and Lundby Senate Joint Resolution 8 STATE GOVERNMENT: Lundby, Chair; Halvorson, McLaren, Szymoniak and Tinsman SSB 148 APPROPRIATIONS: Rife, Chair; Borlaug, Gronstal, Rittmer and Vilsack SSB 149 APPROPRIATIONS: Rittmer, Chair; Flynn, Freeman, Halvorson and Tinsman SSB 156 COMMERCE: Jensen, Chair; Douglas and Palmer SSB 157 WAYS AND MEANS: Redfern, Chair; Douglas and Vilsack SSB 158 WAYS AND MEANS: Borlaug, Chair; Hedge and Palmer House File 229 COMMERCE: King, Chair; Jensen and McCoy 39th Day THURSDAY, FEBRUARY 20, 1997 345 AFTERNOON SESSION The Senate reconvened at 1:05 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 40 present, 10 absent and a quorum present. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 129 On motion of Senator McKibben, Senate File 129, a bill for an act updating the Iowa Code references to the Internal Revenue Code and providing a retroactive applicability date and 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. 129) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Horn Iverson Jensen Judge Kibbie Kramer Lind Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. 346 JOURNAL OF THE SENATE 39th Day Absent or not voting, 3: Hedge King Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 59 be referred from the Regular Calendar to the committee on State Government. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 129 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 20, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 81, a bill for an act relating to the qualifications for the successful completion of an approved hunter safety and ethics education course. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate File 177, by committee on Transportation, a bill for an act relating to motor vehicle operator prohibitions and restrictions including exhibition driving, littering, blood alcohol test certificates, and handicapped parking, and by establishing or making existing penalties applicable. Read first time and placed on calendar. 39th Day THURSDAY, FEBRUARY 20, 1997 347 Senate File 178, by Gronstal, a bill for an act to increase the penalty applicable to the selling, giving, or supplying of alcohol to persons under the age of eighteen by persons other than licensees, permittees, or minors. Read first time and passed on file. Senate File 179, by Kibbie, a bill for an act relating to the election of county supervisors in certain counties. Read first time and passed on file. Senate File 180, by Deluhery, a bill for an act providing that member contributions under certain public retirement systems are considered employer contributions for state income tax purposes, and providing applicability and effective date provisions. Read first time and passed on file. Senate File 181, by Rife, a bill for an act relating to applications for temporary restricted motor vehicle licenses by habitual offenders. Read first time and passed on file. Senate File 182, by Maddox, a bill for an act relating to the membership of the county compensation board and providing an effective date. Read first time and passed on file. Senate File 183, by Flynn, a bill for an act permitting the school budget review committee to grant transportation assistance to certain school districts and providing for an appropriation. Read first time and passed on file. Senate File 184, by committee on Local Government, a bill for an act relating to collection of fees charged prisoners for room and board, by providing for the entry of judgment against the prisoner and enforcement of the judgment through writ of execution. Read first time and placed on calendar. 348 JOURNAL OF THE SENATE 39th Day Senate File 185, by Rehberg, a bill for an act concerning the condemnation of private property by owners of land without a public way to the land. Read first time and passed on file. Senate File 186, by Borlaug and Douglas, a bill for an act allowing teaching parents to provide driver's education instruction. Read first time and passed on file. 39th Day THURSDAY, FEBRUARY 20, 1997 349 APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 18, 1997, 10:26 a.m. Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member; Kibbie and Rehberg. Members Absent: none. Committee Business: Presentations by faculty and students from Wartburg College and Graceland College regarding independent colleges; presentation on cultural grants by the arts councils of Cedar Falls, Bluffs and Spencer. Adjourned: 11:37 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 19, 1997, 10:05 a.m. Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member; Kibbie and Rehberg. Members Absent: none. Committee Business: Presentations by: the department of economic development on the school to work program; the association of business and industry on the school to work program and career pathways; department of education on the integration of school to work, career pathways and workforce development. Adjourned: 11:11 a.m. STATE GOVERNMENT Convened: February 19, 1997, 2:13 p.m. Members Present: Lind, Chair; Rittmer, Vice Chair; Kibbie, Ranking Member; Deluhery, Drake, Fink, Gronstal, Halvorson, King, Lundby, McKibben, McLaren, Rife, and Tinsman. Members Absent: Szymoniak (excused). Committee Business: Presentations by the department of personnel and department of revenue and finance on IPERS issues; approved SSB 155 as a committee bill. Adjourned: 3:04 p.m. 350 JOURNAL OF THE SENATE 39th Day COMMITTEE REPORTS EDUCATION Final Bill Action: SENATE FILE 189 (SSB 124), a bill for an act extending the regular program district costs guarantee for school districts for two years, andproviding an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 184 (SSB 95), a bill for an act relating to collection of fees charged prisoners for room and board, by providing for the entry of judgment against the prisoner and enforcement of the judgment through writ of execution. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Zieman, Behn, Fraise, Angelo, D. Black, J. Black, Boettger, Connolly, Hansen, McKean, Redwine and Rehberg. 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 Local Government Committee on Senate File 184 and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE FILE 187 (SSB 60), a bill for an act relating to the issuance of licenses and the imposition of fees for the fishing, trapping, hunting, pursuing, catching, killing, or taking of wild animals, birds, game, or fish, providing for other properly related matters, and subjecting violators to existing penalties, and providing effective and applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Judge, McKibben, Rehberg and Zieman. Nays, none. Absent or not voting, 1: Hedge. Fiscal Note: REQUIRED UNDER JOINT RULE 17. 39th Day THURSDAY, FEBRUARY 20, 1997 351 *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Natural Resources & Environment Committee on Senate File 187 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 190 (SSB 11), a bill for an act relating to granting easements on certain property by the department of natural resources. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Judge, McKibben, Rehberg and Zieman. Nays, none. Absent or not voting, 1: Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 188 (SSB 155), a bill for an act relating to the allocation of gambling receipts for horse race purses. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Lind, Rittmer, Kibbie, Deluhery, Drake, Gronstal, King, Lundby, McKibben, McLaren, Rife and Tinsman. Nays, 1: Halvorson. Absent or not voting, 2: Fink and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STUDY BILLS RECEIVED SSB 156 Commerce Establishing requirements for utilization review of health care services conducted by third-party payors of health benefits. SSB 159 Commerce Relating to the regulation of telecommunications providers, including regulation of the prices to be charged between certain carriers, establishing a universal service fund, providing for local exchange service assistance, issuing certificates for providing local telecommunications services, establishing a dispute resolution mechanism, and providing for property tax assessments. 352 JOURNAL OF THE SENATE 39th Day SSB 160 Commerce Relating to an alternative price regulation plan for certain local exchange carriers, providing for related matters, and providing an effective date. SSB 161 Natural Resources Relating to snowmobiles by requiring title certificates, increasing snowmobile registration fees, and providing for point of sale registration. SSB 162 Ways & Means Relating to the exemption from the sales, services, and use taxes of building materials and supplies used in construction of new single family dwellings. SUBCOMMITTEE ASSIGNMENTS Senate File 98 JUDICIARY: McKean, Chair; Hammond and Maddox Senate File 122 JUDICIARY: McKean, Chair; Boettger, Hammond, Hansen and Tinsman Senate File 124 JUDICIARY: Redfern, Chair; Hansen and Maddox Senate File 130 JUDICIARY: Maddox, Chair; Hammond and King Senate File 139 JUDCIARY: Tinsman, Chair; Maddox and Neuhauser Senate File 141 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman Senate File 152 HUMAN RESOURCES: J. Black, Chair; Dvorsky and Tinsman 39th Day THURSDAY, FEBRUARY 20, 1997 353 Senate File 153 HUMAN RESOURCES: Tinsman, Chair; Behn and Szymoniak Senate File 156 HUMAN RESOURCES: Boettger, Chair; Behn and Dvorsky Senate File 157 HUMAN RESOURCES: Boettger, Chair; Behn and Dvorsky Senate File 163 HUMAN RESOURCES: Boettger, Chair; Hammond and Tinsman Senate File 165 LOCAL GOVERNMENT: McKean, Chair; J. Black and Dearden House Joint Resolution 10 JUDICIARY: Redfern, Chair; Tinsman and Vilsack House File 114 JUDICIARY: Redfern, Chair; McKibben and Neuhauser House File 200 JUDICIARY: Vilsack, Chair; Boettger and Maddox House File 232 JUDICIARY: Angelo, Chair; Hammond and Redfern House File 244 LOCAL GOVERNMENT: Rehberg, Chair; J. Black and Connolly SSB 150 JUDICIARY: Vilsack, Chair; McKibben and Redfern SSB 151 JUDICIARY: Redfern, Chair; Tinsman and Vilsack SSB 152 JUDICIARY: King, Chair; Halvorson and Redfern 354 JOURNAL OF THE SENATE 39th Day SSB 153 JUDICIARY: McKean, Chair; Boettger, Halvorson, Maddox and Neuhauser SSB 154 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman SSB 159 COMMERCE: Maddox, Chair; King and McCoy SSB 160 COMMERCE: Maddox, Chair; King and McCoy SSB 162 WAYS AND MEANS: Freeman, Chair; Deluhery and Douglas AMENDMENT FILED S(3072 S. F. 132 Allen Borlaug BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 171 Ways and Means S. F. 172 Judiciary S. F. 173 Transportation S. F. 174 Natural Resources S. F. 175 Transportation S. F. 178 Judiciary S. F. 179 Local Government S. F. 180 State Government S. F. 181 Judiciary S. F. 182 Local Government S. F. 183 Education S. F. 185 State Government S. F. 186 Education S. R. 5 State Government H. F. 81 Natural Resources H. F. 228 Natural Resources 39th Day THURSDAY, FEBRUARY 20, 1997 355 INTRODUCTION OF BILLS Senate File 187, by committee on Natural Resources and Environment, a bill for an act relating to the issuance of licenses and the imposition of fees for the fishing, trapping, hunting, pursuing, catching, killing, or taking of wild animals, birds, game, or fish, providing for other properly related matters, and subjecting violators to existing penalties, and providing effective and applicability dates. Read first time under Rule 28 and placed on calendar. Senate File 188, by committee on State Government, a bill for an act relating to the allocation of gambling receipts for horse race purses. Read first time under Rule 28 and placed on calendar. Senate File 189, by committee on Education, a bill for an act extending the regular program district cost guarantee for school districts for two years, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 190, by committee on Natural Resources and Environment, a bill for an act relating to granting easements on certain property by the department of natural resources. Read first time under Rule 28 and placed on calendar. Senate File 191, by Fink, Dvorsky, Neuhauser, Vilsack, Gronstal, Horn, Redfern, Deluhery, Kibbie, Judge, McCoy, Connolly, Palmer, Hansen, Fraise, Szymoniak, and Hammond, a bill for an act establishing an Iowa wins scholarship program and making an appropriation. Read first time under Rule 28 and passed on file. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:00 p.m., until 10:00 a.m., Monday, February 24, 1997.
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