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FIRST CALENDAR DAY FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Monday, January 12, 1998 Pursuant to Chapter 2, Sections 2.1 and 2.3, Code of Iowa, the 1998 Regular Session of the Seventy-seventh General Assembly convened at 10:04 a.m., and the Senate was called to order by President Mary E. Kramer. Prayer was offered by the Reverend Dr. Sam Massey, pastor of the Westminster Presbyterian Church, Des Moines, Iowa. OPENING REMARKS BY THE PRESIDENT OF THE SENATE President Kramer addressed the Senate with the following remarks: Today, January 12, 1998, the 77th General Assembly is in session and Iowa begins her 152nd year. What a humbling experience it is to enter this beautiful, historic building, knowing there is the opportunity to create positive change for the future. My own goals, virtually unchanged since I decided to seek office, are to make Iowa the best place to work, to raise a family, to enjoy the fruits of one's labor. How: A public education system that is the most desirable and effective for all citizens - a place where lifelong learning is the norm. A place that recognizes core families - and acknowledges and supports diversity in the formation and makeup of successful family relationships. A place that has a tax system that is fair and equitable, yet capable of providing revenues to support services that are appropriate. A workplace that is worthy of what is, by many measures, the world's most productive, best educated workforce. A quality of life that is incomparable . . . . So what is our opportunity - and our challenge? We will work together in this beautiful room for about 100 days . . . . We all are sent here by our friends, family, colleagues, constituents, to make a difference. All of us desire thoughtful, appropriate legislation as we work through the issues together. Let me share what I believe are the basic principles of good working relationships: First - focus on issues - not on personalities Work to maintain positive relationships Take initiative to make things better In this chamber, grace - decorum and civility are valued and valuable. As is leadership . . . every Senator has the capacity for leadership and the opportunity to exercise that capacity. But, if we are unwilling to take risk - if we put forth only old ideas, We will not be deserving of the opportunities we have been given. Fear of failure; demands for all or nothing; limit our achievements. Willingness to risk and to fail are the price of leadership . . . who is prepared to lead? There is much talk about the sense of community in this chamber. I would suggest that belonging to a community asks us to reach into ourselves for an emotional connection that comes from things we experience together. Community building is about a container that is strong enough to hold all that is possible - conflict - the extremes of diversity, honesty, authentic communication . . . nothing is excluded. Members of a community recognize they are part of something larger than themselves. In comments delivered as she accepted an award from the National Conference of Christians and Jews, my great friend and mentor Mary Louise Smith said, "Public leaders must often act in difficult or unprecedented ways - as they become aware of a higher responsibility of a 'wall of insistence' from the people themselves. What could we not accomplish if our strength was harnessed, our energies not diverted and diluted, we let the beauty of diversity shine through, we spoke and acted with tolerance and civility, how high could we soar? What new heights could we achieve?" A wise and caring leader - Mary Louise. Community requires the capacity for great conversations about things that matter. Constructive dialogue - focused on important ideas. Let the great conversations begin! REMARKS BY THE MAJORITY LEADER Senator Iverson addressed the Senate as follows: I want to take this opportunity to welcome all of you back for the 1998 Regular Session of the 77th General Assembly. We last gathered here on a Tuesday in late April. At that time, we concluded one of the most productive legislative sessions in Iowa's history. Yet for everything that was accomplished, challenges and opportunities still present themselves. We have an opportunity to make the changes necessary in Iowa's education system to ensure our children have access to the best schools in the world. We have the opportunity to ensure Iowa's environmental quality remains at a high level. And we have a historic opportunity to ensure that taxes-which have been the fast growing part of the family budget-are never increased on Iowa families again. These goals that I have outlined are not just my goals, they are not just the goals of everyone in this room; they are the goals of the Iowans we represent. I look forward to working on these issues with each and every one of you. I also want to take this opportunity to thank all of the administrative staff and the staff of the central staff agencies for all the hard work they have provided in the past, and their efforts in the upcoming session, and also welcome all the new staff to the Iowa Senate. REMARKS BY THE MINORITY LEADER Senator Gronstal addressed the Senate as follows: Madam President, Senators, Staff, Guests, Ladies and Gentlemen: Let me add my voice of welcome to all of you today. Despite our policy differences, which sometimes can be wide, we are all united in our desire to serve, and I appreciate the opportunity the Senate gives us to do that. Generally, these opening day remarks from caucus leaders are a lengthy 'laundry list' of things to be accomplished in many areas. I'm not going to do that today. I'm going to focus on the one issue that Iowans believe we should be graded on this year, and the top priority of our Democratic caucus-improving education in Iowa. This session of the legislature should and will be judged by whether or not we do everything we can to improve education in Iowa. Make no mistake about it- Iowans expect us to pass meaningful legislation this year to improve educational opportunities for our children, something this legislature failed to do last year. Iowans understand that while our schools are generally good . . . they can, and must, be better. The news reports of lower test scores in reading and math for our elementary students, losing our leadership position in college entrance examination scores, and many schools not meeting fire safety codes lead Iowans, and our Democratic Senators, to clearly understand that we must do better. We Democrats will provide support to positive and workable improvements for education in Iowa this session. I sincerely hope the majority party will do likewise, and we can make progress on education this year. That would be the best result for all of us. Make no mistake, however, that we intend to make it clear to the public who is responsible if this legislature can not get things done. I stand ready, with my Democratic colleagues, to support many sound ideas for improving education which have been proposed by others during the interim. We Democrats will also present several good ideas for improvements in education that we gathered last fall from statewide hearings on education, and we ask you to join with us in supporting these as well. There has never been a better time or clearer opportunity to make improvements in education. Given the health of the budget and the clearly identified needs, I simply ask this: 'if not now, when?' Specifically, the Democratic caucus members, based on the findings from eighteen public hearings with Iowans, suggest the following specific steps be taken this year. First, reduce elementary school class sizes in order to improve student learning and classroom discipline. This approach is demonstrated in educational research as a very effective one to aid in learning skills such as reading, where Iowa test scores are now dropping. It's also a good, common-sense idea whose time has come. Repair crumbling school buildings. The state should do its part to correct the current situation where many children are attending classes in unsafe facilities. Let's join the 40 other states who help repair and rebuild local schools. Why wait for a tragedy to force us to act? Raise young children's school readiness. Early education for preschoolers is another area where research shows us we should take action. Our investment in making sure kids are ready for school can dramatically increase their achievement, and lessen problems in the classroom. Require students to act responsibly. We must, among other things, insure that alternative classrooms are available for disruptive students in order to make sure teachers can teach and other students can learn in the traditional school. Reward student results and achievements. We must encourage and reward student achievements by keeping college accessible and affordable to all qualified students. These "5R's"-reduce class sizes, repair school buildings, raise school readiness, require students to act responsibly, and reward student results-must be accomplished this year or this legislature will have failed. Our local school boards, teachers, administrators, citizens, and students are doing their part-it's up to this legislature to make sure the state is doing its part. There can be no excuse for failure on these issues of vital importance to our children and Iowa's future. This is not just a matter of spending more on the existing programs. For once, I may agree with Jim Lightfoot when he says, "If we are going to improve the state as a whole, we must find imaginative ways to finance schools for students." Our Democratic Senators will present legislation this year to do just that. I ask for you to join us in passing these bills in 1998 and truly improve education for our children. We can, and we must, take advantage of this opportunity to build a stronger future for our state by improving education now. COMMITTEE FROM THE HOUSE A committee from the House appeared and notified the Senate that the House was duly organized and ready to receive any communication the Senate might be ready to transmit. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Szymoniak for the day, on request of Senator Dearden. COMMITTEE TO NOTIFY THE GOVERNOR Senator Iverson moved that a committee of five be appointed to notify the governor that the Senate was organized and ready to receive any communication that he might be ready to transmit. The motion prevailed by a voice vote, and the Chair announced the appointment of Senators Bartz, Chair; Angelo, Boettger, Harper, and Fink. COMMITTEE TO NOTIFY THE HOUSE Senator Iverson moved that a committee of five be appointed to notify the House of Representatives that the Senate was organized and ready for business. The motion prevailed by a voice vote and the Chair announced the appointment of Senators Hedge, Chair; Borlaug, Zieman, Halvorson, and Dvorsky. SUPPLEMENTAL REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION Senator Iverson asked and received unanimous consent to take up the following supplemental report of the committee on Rules and Administration: MADAM PRESIDENT: Your committee on Rules and Administration begs leave to submit the names of the following personnel for appointment as officers and employees of the Senate for the 1998 Session of the Seventy-seventh General Assembly: Journal Editor II K'Ann Brandt Editor II Julie Elder Editor I Kathy Olah Legal Counsel Assistant to the Legal Counsel Audrey Schmidt Majority Caucus Caucus Staff Director Chris Hull Administrative Assistant to Leader I Sara Deeny Legislative Research Analyst Petricia Ward Sergeant-at-Arms Assistant Sergeant-at-Arms Tom Sheldahl Doorkeeper Paul Underhill Doorkeeper Kermit Tannatt Doorkeeper Jim Olmsted Services Switchboard Operator Camille Gjovig Secretaries to Senators Committee Secretary Susan Betsinger Committee Secretary Garet Egel Committee Secretary Andrea Fogue Committee Secretary Threase Harms Committee Secretary Judy Nicholl Committee Secretary Virginia Sourbeer Secretary Anne Marie Burnett Secretary Heather Collins Secretary LeAnn Jesina Secretary Meredith Olson Secretary Leslie Pitt Secretary Mary Sackett Secretary JoAnn Thomas STEWART IVERSON, JR., Chair Senator Iverson moved the adoption of the supplemental report and the appointment of the permanent officers and employees of the Senate. The motion prevailed by a voice vote and the foregoing officers and employees appeared before the bar of the Senate and were duly sworn. APPOINTMENT OF PAGES Senator Iverson asked and received unanimous consent to take up the following report of the committee on Rules and Administration: MADAM PRESIDENT: Your committee on Rules and Administration begs leave to submit the names of the following persons as Pages for the Senate for the 1998 Session of the Seventy-seventh General Assembly: Stacy Beattie, Runnells Distie Carstensen, Odebolt, President of the Senate's Page Tim Demuth, Waverly Jill Gehling, Emmetsburg, Minority Leader's Page Andrea Hauser, Edgewood Nicole Hill, Boone, Secretary of the Senate's Page Matt Johnston, Muscatine Carrie Kropelin, Keokuk Emily Leonard, Holstein, Majority Leader's Page Jonathan Mauk, Ames Joel Oswald, Manson Catrina Pelton, Woodbine Allison Prunty, Cherokee Heather Swanson, West Bend Rudy VanMersbergen, Cedar Matt Welk, Muscatine Christine Wojahn, Emmetsburg Hilary Woods, Villisca STEWART IVERSON, JR., Chair Senator Iverson moved the adoption of the report and the appointment of the Senate Pages. The motion prevailed by a voice vote and the foregoing Senate Pages appeared before the bar of the Senate and were duly sworn to their oaths of office. REPORT OF COMMITTEE TO NOTIFY THE HOUSE Senator Hedge reported that the committee assigned to notify the House that the Senate was organized and ready for business had performed its duty. The report was accepted and the committee discharged. 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 January 12, 1998, adopted the following resolutions in which the concurrence of the Senate is asked: House Concurrent Resolution 101, a concurrent resolution relating to a joint convention to be held on Tuesday, January 13, 1998, at 10:00 a.m., for Governor Terry E. Branstad to deliver his condition of the state and budget message. This resolution was read first time and passed on file. ADOPTION OF RESOLUTION Senator Iverson asked and received unanimous consent to take up for immediate consideration House Concurrent Resolution 101. House Concurrent Resolution 101 On motion of Senator Iverson, House Concurrent Resolution 101, a concurrent resolution relating to a joint convention to be held on Tuesday, January 13, 1998, at 10:00 a.m., for Governor Terry E. Branstad to deliver his condition of the state and budget message, was taken up for consideration. Senator Iverson moved the adoption of House Concurrent Resolution 101, which motion prevailed by a voice vote. REPORT OF COMMITTEE TO NOTIFY THE GOVERNOR Senator Bartz reported that the committee assigned to notify the Governor that the Senate was organized and ready to receive communication had performed its duty. The report was accepted and the committee discharged. 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 April 29, 1997, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 25, a concurrent resolution requesting an interim committee on anatomical gift referral. Read first time and passed on file. MADAM PRESIDENT: I am directed to inform your honorable body that the House has on January 12, 1998, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 102, a concurrent resolution relating to a joint convention on Wednesday, January 14, 1998, at 10:00 a.m., for Chief Justice McGiverin to present his message of the condition of the judicial department. Read first time and passed on file. INTRODUCTION OF BILLS Senate File 2001, by Hammond, a bill for an act relating to the definition of a chronic runaway. Read first time and passed on file. Senate File 2002, by Hammond, a bill for an act relating to the statute of limitations for damages for child sexual abuse. Read first time and passed on file. Senate File 2003, by Dvorsky, a bill for an act exempting from the sales, services and use taxes charges paid for access to internet or other on-line computer services. Read first time and passed on file. Senate File 2004, by Fink, a bill for an act relating to reporting of the status of environmental violations by the department of natural resources. Read first time and passed on file. Senate File 2005, by Judge and Angelo, a bill for an act relating to forestry and rural development by establishing a revolving loan fund. Read first time and passed on file. Senate File 2006, by Rehberg, a bill for an act relating to the increase in the amount reimbursed by the state for loss of property taxes due to the allowance of the military service tax exemption and providing effective and applicability date provisions. Read first time and passed on file. Senate File 2007, by Dvorsky and Neuhauser, a bill for an act relating to the property tax rate for the improvement and maintenance of cemeteries not owned by a township. Read first time and passed on file. Senate File 2008, by Zieman, a bill for an act relating to criminal defendant community service and inmate work programs. Read first time and passed on file. APPENDIX STANDING COMMITTEES APPOINTED The Majority and Minority Leaders announced the following appointments to the standing committees of the Senate for the 1998 Session of the Seventy-seventh General Assembly: *Vice Chair **Ranking Member AGRICULTURE-15 Members Rensink, Chair Bartz Gettings Rife McLaren* Behn Hedge Vilsack Judge** Black Kibbie Zieman Angelo Fraise Rehberg APPROPRIATIONS-25 Members McLaren, Chair Dvorsky Jensen Rife Kramer* Freeman Lundby Rittmer Flynn** Halvorson Maddox Tinsman Behn Hammond McCoy Vilsack Black Harper Neuhauser Borlaug Hedge Rehberg Douglas Horn Rensink BUSINESS & LABOR RELATIONS-11 Members Rife, Chair Behn Horn Schuerer King* Freeman Jensen Zieman Dearden** Gettings Palmer COMMERCE-15 Members Jensen, Chair Douglas King Palmer Schuerer* Flynn Lundby Redfern Deluhery** Gronstal Maddox Rife Bartz Hansen McCoy EDUCATION-15 Members Redfern, Chair Boettger Kibbie Rensink Rehberg* Dvorsky Kramer Szymoniak Connolly** Fink Neuhauser Tinsman Angelo Iverson Redwine ETHICS-6 Members Hedge, Chair Gettings** Neuhauser Drake* McKean Szymoniak HUMAN RESOURCES-13 Members Boettger, Chair Behn Harper Zieman Redwine* Dearden Rensink Szymoniak** Dvorsky Schuerer Bartz Hammond Tinsman JUDICIARY-15 Members McKean, Chair Boettger Hammond McKibben Maddox* Drake Hansen Redfern Neuhauser** Fraise Harper Tinsman Angelo Halvorson King LOCAL GOVERNMENT-13 Members Zieman, Chair Bartz Dearden Schuerer Behn*. Black Hansen Fraise** Boettger McKean Angelo Connolly Redwine NATURAL RESOURCES & ENVIRONMENT-15 Members Bartz, Chair Borlaug Freeman McKibben Angelo* Dearden Hedge Rehberg Fink** Deluhery Iverson Zieman Black Dvorsky Judge RULES & ADMINISTRATION-11 Members Iverson, Chair Fink Kibbie Redfern Kramer* Jensen Lundby Rehberg Gronstal** Judge Maddox SMALL BUSINESS, ECONOMIC DEVELOPMENT & TOURISM-13 Members Lundby, Chair Douglas McCoy Schuerer Rittmer* Flynn Palmer Hansen** Hammond Redwine Boettger King Rensink STATE GOVERNMENT-15 Members Rittmer, Chair Drake King Rife Borlaug* Fink Lundby Szymoniak Kibbie** Halvorson McKibben Tinsman Deluhery Harper McLaren TRANSPORTATION-13 Members Drake, Chair Douglas Halvorson Rittmer Borlaug* Fraise Jensen McCoy** Freeman McKean Connolly Gettings McKibben WAYS & MEANS-15 Members Douglas, Chair Connolly Hedge Redfern McKibben* Deluhery Judge Szymoniak Palmer** Drake Maddox Vilsack Borlaug Freeman McLaren SENATE APPROPRIATIONS SUBCOMMITTEES ADMINISTRATION & REGULATION Lundby, Chair McCoy** Iverson Bartz* Gettings AGRICULTURE & NATURAL RESOURCES Hedge, Chair Black** Dearden Rensink* Behn ECONOMIC DEVELOPMENT Borlaug, Chair Harper** Zieman Schuerer* Fink EDUCATION Rehberg, Chair Horn** Zieman Redfern* Fink HEALTH & HUMAN RIGHTS Rittmer, Chair Flynn** Palmer McKibben* Kramer HUMAN SERVICES Tinsman, Chair Hammond** Szymoniak Boettger* Redwine JUSTICE SYSTEM Maddox, Chair Dvorsky** McKean Angelo* Fraise OVERSIGHT & COMMUNICATIONS Rife, Chair Neuhauser** Jensen King* Deluhery TRANSPORTATION, INFRASTRUCTURE & CAPITALS Freeman, Chair Halvorson** Douglas Drake* Connolly SENATORS AND THEIR RESPECTIVE COMMITTEES Angelo, Jeff Agriculture Education Judiciary Local Government Natural Resources and Environment, Vice Chair Justice System Appropriations Subcommittee, Vice Chair Bartz, Merlin Agriculture Commerce Human Resources Local Government Natural Resources and Environment, Chair Administration and Regulation Appropriations Subcommittee, Vice Chair Behn, Jerry Agriculture Appropriations Business and Labor Human Resources Local Government, Vice Chair Agriculture and Natural Resources Appropriations Subcommittee Black, Dennis H. Agriculture Appropriations Local Government Natural Resources and Environment Agriculture and Natural Resources Appropriations Subcommittee, Ranking Member Boettger, Nancy Education Human Resources, Chair Judiciary Local Government Small Business, Economic Development and Tourism Human Services Appropriations Subcommittee, Vice Chair Borlaug, Allen Appropriations Natural Resources & Environment State Government, Vice Chair Transportation, Vice Chair Ways and Means Economic Development Appropriations Subcommittee, Chair Connolly, Michael W. Education, Ranking Member Local Government Transportation Ways and Means Transportation, Infrastructure and Capitals Appropriations Subcommittee Dearden, Dick L. Business and Labor, Ranking Member Human Resources Local Government Natural Resources and Environment Agriculture and Natural Resources Appropriations Subcommittee Deluhery, Patrick J. Commerce, Ranking Member Natural Resources and Environment State Government Ways and Means Oversight and Communications Appropriations Subcommittee Douglas, JoAnn Appropriations Commerce Small Business, Economic Development and Tourism Transportation Ways and Means, Chair Transportation, Infrastructure and Capitals Appropriations Subcommittee Drake, Richard F. Ethics, Vice Chair Judiciary State Government Transportation, Chair Ways and Means Transportation, Infrastructure and Capitals Appropriations Subcommittee, Vice Chair Dvorsky, Robert E. Appropriations Education Human Resources Natural Resources and Environment Justice System Appropriations Subcommittee, Ranking Member Fink, Bill Education Natural Resources and Environment, Ranking Member Rules and Administration State Government Economic Development Appropriations Subcommittee Flynn, Tom Appropriations, Ranking Member Commerce Small Business, Economic Development and Tourism Health and Human Rights Appropriations Subcommittee, Ranking Member Fraise, Eugene Agriculture Judiciary Local Government, Ranking Member Transportation Justice System Appropriations Subcommittee Freeman, Mary Lou Appropriations Business and Labor Natural Resources and Environment Transportation Ways and Means Transportation, Infrastructure and Capitals Appropriations Subcommittee, Chair Gettings, Don E. Agriculture Business and Labor Ethics, Ranking Member Transportation Administration and Regulation Appropriations Subcommittee Gronstal, Michael E. Commerce Rules and Administration, Ranking Member Halvorson, Rod Appropriations Judiciary State Government Transportation Transportation, Infrastructure and Capitals Appropriations Subcommittee, Ranking Member Hammond, Johnie Appropriations Human Resources Judiciary Small Business, Economic Development and Tourism Human Services Appropriations Subcommittee, Ranking Member Hansen, Steven D. Commerce Judiciary Local Government Small Business, Economic Development and Tourism, Ranking Member Harper, Pat Appropriations Human Resources Judiciary State Government Economic Development Appropriations Subcommittee, Ranking Member Hedge, H. Kay Agriculture Appropriations Ethics, Chair Natural Resources and Environment Ways and Means Agriculture and Natural Resources Appropriations Subcommittee, Chair Horn, Wally E. Appropriations Business and Labor Education Appropriations Subcommittee, Ranking Member Iverson, Stewart Jr. Education Natural Resources and Environment Rules and Administration, Chair Administration and Regulation Appropriations Subcommittee Jensen, John W. Appropriations Business and Labor Commerce, Chair Rules and Administration Transportation Oversight and Communications Appropriations Subcommittee Judge, Patty Agriculture, Ranking Member Natural Resources and Environment Rules and Administration Ways and Means Kibbie, John P. Agriculture Education Rules and Administration State Government, Ranking Member Education Appropriations Subcommittee King, Steve Business and Labor, Vice Chair Commerce Judiciary Small Business, Economic Development and Tourism State Government Oversight and Communications Appropriations Subcommittee, Vice Chair Kramer, Mary E. Appropriations, Vice Chair Education Rules and Administration, Vice Chair Health and Human Rights Appropriations Subcommittee Lundby, Mary Appropriations Commerce Rules and Administration Small Business, Economic Development and Tourism, Chair State Government Administration and Regulation Appropriations Subcommittee, Chair Maddox, O. Gene Appropriations Commerce Judiciary, Vice Chair Rules and Administration Ways and Means Justice System Appropriations Subcommittee, Chair McCoy, Matt Appropriations Commerce Small Business, Economic Development and Tourism Transportation, Ranking Member Administration and Regulation Appropriations Subcommittee, Ranking Member McKean, Andy Ethics Judiciary, Chair Local Government Transportation Justice System Appropriations Subcommittee McKibben, Larry Judiciary Natural Resources and Environment State Government Transportation Ways and Means, Vice Chair Health and Human Rights Appropriations Subcommittee, Vice Chair McLaren, Derryl Agriculture, Vice Chair Appropriations, Chair State Government Ways and Means Education Appropriations Subcommittee Neuhauser, Mary Appropriations Education Ethics Judiciary, Ranking Member Oversight and Communications Appropriations Subcommittee, Ranking Member Palmer, William D. Business and Labor Commerce Small Business, Economic Development and Tourism Ways and Means, Ranking Member Health and Human Rights Appropriations Subcommittee Redfern, Donald Commerce Education, Chair Judiciary Rules and Administration Ways and Means Education Appropriations Subcommittee, Vice Chair Redwine, John Education Human Resources, Vice Chair Local Government Small Business, Economic Development and Tourism Human Services Appropriations Subcommittee Rehberg, Kitty Agriculture Appropriations Education, Vice Chair Natural Resources and Environment Rules and Administration Education Appropriations Subcommittee, Chair Rensink, Wilmer Agriculture, Chair Appropriations Education Human Resources Small Business, Economic Development and Tourism Agriculture and Natural Resources Appropriations Subcommittee, Vice Chair Rife, Jack Agriculture Appropriations Business and Labor, Chair Commerce State Government Oversight and Communications Appropriations Subcommittee, Chair Rittmer, Sheldon Appropriations Small Business, Economic Development and Tourism, Vice Chair State Government, Chair Transportation Health and Human Rights Appropriations Subcommittee, Chair Schuerer, Neal Business and Labor Commerce, Vice Chair Human Resources Local Government Small Business, Economic Development and Tourism Economic Development Appropriations Subcommittee, Vice Chair Szymoniak, Elaine Education Ethics Human Resources, Ranking Member State Government Ways and Means Human Services Appropriations Subcommittee Tinsman, Maggie Appropriations Education Human Resources Judiciary State Government Human Services Appropriations Subcommittee, Chair Vilsack, Tom Agriculture Appropriations Ways and Means Zieman, Lyle E. Agriculture Business and Labor Human Resources Local Government, Chair Natural Resources and Environment Economic Development Appropriations Subcommittee RESIGNATION FROM OFFICE The following resignation was received subsequent to adjournment of the 1997 legislative session: January 6, 1998 The Honorable Terry E. Branstad Governor for the State of Iowa State Capitol Bldg. Des Moines, IA 50319 Dear Governor Branstad: I have had the honor of representing the constituents of Senate District 8 in the Iowa Legislature since my election in November 1996. It has been one of the most challenging and enjoyable experiences of my life. I have been and remain deeply committed to the people of my district. However, I am also deeply committed to my family and especially my children. Recent developments in my personal life have made it evident that they need my time and energy more than ever. I cannot provide the support they need and continue to spend the time necessary to adequately represent District 8 in the Iowa Senate. My children must remain my highest priority. For that reason, I am hereby resigning my seat in the Iowa Senate effective immediately. If I can do anything to make the transition easier, please let me know. Respectfully yours, Senator James E. Black COMMUNICATIONS RECEIVED The following communications were received in the office of the Secretary of the Senate and placed on file in the Legislative Service Bureau during the 1997 legislative interim: April 25, 1997 CAPITOL PLANNING COMMISSION Annual Report June 16, 1997 STATE OF IOWA OFFICE OF AUDITIOR OF STATE Audit Report for fiscal year ended June 30, 1996. June 19, 1997 DEPARTMENT OF PERSONNEL Annual Report FY '96. July 2, 1997 LEGISLATIVE FISCAL BUREAU 1997 Session Fiscal Report. July 16, 1997 IOWA DEPARTMENT OF TRANSPORTATION Annual sufficiency rating report of relative conditions of primary roads. Report required by Iowa Code Section 307A.2(12). For copies, call Stu Anderson, Office of Systems Planning at 515-239-1312. ENERGY FUND DISBURSEMENT COUNCIL Report to the Governor and GA. Submitted July 1997. September 18, 1997 DEPARTMENT OF NATURAL RESOURCES A Report to the Natural Resources Commission on the Classification and Management of Iowa's State Parks, State Recreation Areas and State Preserves, according to Iowa Code Chapter 455A.4, subsection 1. IOWA DEPARTMENT OF NATURAL RESOURCES Groundwater Program Status Report and Evaluation for the period from July 1, 1994 to June 30, 1996. October 2, 1997 IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP OFFICE OF RENEWABLE FUELS AND CO-PRODUCTS Third Annual Report FY '97. October 9, 1997 IOWA DEPARTMENT OF TRANSPORTATION Report regarding the soydiesel demonstration project, as required by HF 2421, Section 43, subsection 2. October 14, 1997 A copy of the "Intermodal Terminal User Manual," prepared as part of the Intermodal Feasibility Study mandated by the 1995 Iowa General Assembly in SF 481, Section 3(1)c. October 24, 1997 ICN A report indicating the adequacy of the rate subsidization available to the ICN for the current fiscal year according to HF 730, Section 2E. October 27, 1997 AUDITOR OF STATE An audit report on the Lottery Division, Iowa Department of Revenue and Finance, year ended June 30, 1997. October 30, 1997 GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE Annual Report pursuant to Chapter 80E of the Iowa Code. November 3, 1997 DEPARTMENT OF HUMAN SERVICES A report on what constitutes minor physical injury in cases of child abuse pursuant to HF 498, Section 22. November 20, 1997 IOWA DEPARTMENT OF PUBLIC SAFETY 1996 Iowa Uniform Crime Report November 24, 1997 CITIZENS' AIDE/OMBUDSMAN Investigative Report 97-2. Investigation of the Department of Inspections and Appeals' oversight of long-term care facilities (nursing homes). December 2, 1997 ICN Five-year financial plan for the Network pursuant to Code of Iowa, Chapter 8D.3, Section 3f. IOWA UTILITIES BOARD 1996 Annual Report required by Iowa Code 7A.1, 7A.10, and 476.16. December 5, 1997 DEPARTMENT OF COMMERCE Alcoholic Beverages Division Annual Report - July 1996-June 1997 ICN Iowa Telecommunications and Technology Commission Report, Review of Maintenance Contract Pursuant to the Code of Iowa, Chapter 8D.3(3)(g). December 9, 1997 IOWA DEPARTMENT OF TRANSPORTATION Annual Report of Highway Research and Development in Iowa in accordance with Sections 310.36 and 312.3A of the Code of Iowa. DEPARTMENT OF EDUCATION The final report of the FINE Foundation Interim Study Committee as required by SF 549. December 10, 1997 DEPARTMENT OF HUMAN SERVICES Annual Report on Personal Assistance and Family Support Services pursuant to Section 225C.48. The study of Child Care Co-pay as directed by Chapter 208, Section 9, Subsection 11. December 17, 1997 The DRAFT report MI KIDS - MENTAL HEALTH SERVICES FOR CHILDREN AND ADOLESCENTS IN IOWA pursuant to Section 34 of HF 702. The recommendations of the MR MAGIC workgroup a directed by HF 715, Section 33. December 22, 1997 DEPARTMENT OF PERSONNEL The 1997 report on Affirmative Action in Iowa in accordance with Iowa Code, Chapter 19B.5. December 23, 1997 ICN A report indicating the need for subsidization for non-credit customized courses offered through use of the network per HF 730, Section 2.1(f). DEPARTMENT OF MANAGEMENT Targeted Small Business and Contract Compliance Report for FY 1997, in accordance with Iowa Code 19B.7. December 26, 1997 IOWA SEED CAPITAL CORPORATION 1997 Annual Report. DEPARTMENT OF ECONOMIC DEVELOPMENT New Jobs and Income Program Annual Report. Foreign Ownership of Farmland, as required by HF 2234 passed during the 1996 session. IHELA The 1997 Annual Report for the Iowa Higher Education Loan Authority in compliance with Section 261A.21 of the Iowa Code. December 29, 1997 IOWA DEPARTMENT OF CORRECTION AND UNIVERSITY OF IOWA HOSPITALS AND CLINICS A report on Iowa's Indigent Patient Care Program pursuant to Section 11(2)(c) of SF 549. DEPARTMENT OF NATURAL RESOURCES Water Quality in Iowa During 1994 and 1995 and Water Quality in Iowa During 1994 and 1995: Assessment Results. These reports are prepared biennially as required by Section 305(b) of the federal Clean Water Act. December 30, 1997 IOWA UTILITIES BOARD DIAL-UP INTERNET ACCESS IN IOWA. DEPARTMENT OF HUMAN SERVICES Options for Restructuring CACT per HF 715. December 31, 1997 IOWA UTILITIES BOARD Results of Energy Efficiency Programs Implemented by Rate-regulated Utilities in Iowa as required by SF 2370, section 476.6, subsection 17. January 5, 1998 DEPARTMENT OF HUMAN SERVICES The Report DUAL DIAGNOSIS TREATMENT AND FUNDING MENTAL ILLNESS/SUBSTANCE ABUSE as required by Subsection 5 (7) of Chapter 208, Acts 1997 Regular Session, 77 G.A. Division Of Mental Health And Developmental Disabilities, DUAL DIAGNOSIS REPORT, MT. PLEASANT MENTAL HEALTH INSTITUTE as required by Chapter 208, Sec. 16(1)(d) of the Acts 1997 Regular Session of the 77th G.A. January 6, 1998 DEPARTMENT OF HUMAN SERVICES The study of the Rate Differential per Non-Registered Child Care Homes as directed by Chapter 208, Section 28, Subsection 9. January 7, 1998 IOWA DEPARTMENT OF PUBLIC HEALTH Fiscal Year 1997 Annual Report. Iowa Communications Network Videoconferencing by the Iowa Department of Public Health. Report on the Single Contract Project. Chapter 197. Home Health Services Regulatory Requirements. SF 532. DEPARTMENT OF HUMAN SERVICES RCF/MR Conversion to the Medicaid HCBS/MR Waiver, HF 702, Division VI amends section 135C.6, subsection 8. DEPARTMENT OF NATURAL RESOURCES Household Hazardous Material Toxic Cleanup Days Program as prepared to meet the requirements of Iowa Code Section 455F.8. REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION MADAM PRESIDENT: Pursuant to Senate Concurrent Resolution 1, your committee on Rules and Administration submits the following names of officers and employees of the Senate for the Seventy-seventh General Assembly, 1998 Session, and their respective classification, grades and steps: Caucus Staff Director Chris Hull P-FT Grade 38, Step 1 Admin. Asst. to Leader Sara Deeny P-FT Grade 27, Step 1 Research Analyst Petricia Ward P-FT Grade 27, Step 1 Editor II K'Ann Brandt P-FT Grade 25, Step 3 Editor II Julie Elder E-FT Grade 25, Step 3 Editor I Kathy Olah P-FT Grade 22, Step 1 Asst. to Legal Counsel Audrey Schmidt S-O Grade 19, Step 1 Switchboard Operator Camille Gjovig S-O Grade 14, Step 1 Asst. Sgt-at-Arms Tom Sheldahl S-O Grade 14, Step 1 Doorkeeper Kermit Tannatt S-O Grade 11, Step 1 Doorkeeper Paul Underhill S-O Grade 11, Step 2 Doorkeeper Jim Olmsted S-O Grade 11, Step 1 Legislative Committee Secretary Susan Betsinger S-O Grade 18, Step 2 Legislative Committee Secretary Garet Egel S-O Grade 17, Step 1 Legislative Committee Secretary Andrea Fogue S-O Grade 18, Step 1 Legislative Committee Secretary Threase Harms S-O Grade 18, Step 1 Legislative Committee Secretary Judy Nicholl S-O Grade 18, Step 1 Legislative Committee Secretary Virginia Sourbeer S-O Grade 18, Step 1 Legislative Secretary Anne Marie Burnett S-O Grade 16, Step 2 Legislative Secretary Heather Collins S-O Grade 16, Step 1 Legislative Secretary LeAnn Jesina S-O Grade 17, Step 1 Legislative Secretary Leslie Pitt S-O Grade 16, Step 1 Legislative Secretary Mary Sackett S-O Grade 16, Step 1 Legislative Secretary JoAnn Thomas S-O Grade 17, Step 4+2 Page Stacy Beattie S-O Minimum Wage Page Distie Carstensen S-O Minimum Wage Page Tim Demuth S-O Minimum Wage Page Jill Gehling S-O Minimum Wage Page Andrea Hauser S-O Minimum Wage Page Nicole Hill S-O Minimum Wage Page Matt Johnston S-O Minimum Wage Page Carrie Kropelin S-O Minimum Wage Page Emily Leonard S-O Minimum Wage Page Jonathan Mauk S-O Minimum Wage Page Joel Oswald S-O Minimum Wage Page Catrina Pelton S-O Minimum Wage Page Allison Prunty S-O Minimum Wage Page Heather Swanson S-O Minimum Wage Page Rudy VanMersbergen S-O Minimum Wage Page Matt Welk S-O Minimum Wage Page Christine Wojahn S-O Minimum Wage Page Hilary Woods S-O Minimum Wage STEWART IVERSON, JR., Chair REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION MADAM PRESIDENT: Pursuant to Senate Concurrent Resolution 1, the committee on Rules and Administration submits the following increases and reclassifications and the effective dates of Senate employees: Admin. Asst. to Leader III Tom Cope Step 3 to Step 4 effective 7/11/97 Caucus Staff Director Terry Nelson Resigned 8/1/97 Admin. Asst. to Leader II Karen Slifka Grade 32, Step 3 to to Admin. Asst. to Leader III Grade 35, Step 2 effective 7/11/97 Resigned 12/25/97 Sr. Research Analyst James Boose Step 4 to Step 5 effective 6/13/97 Sr. Research Analyst William Haigh Resigned 8/7/97 Research Analyst III John Cacciatore Grade 35, Step 2 to to Sr. Research Analyst Grade 38, Step (-1) effective 6/13/97 Sr. Research Analyst Suzanne Johnson Step 4 to Step 5 effective 8/25/97 Sr. Research Analyst Steve Conway Step 3 to Step 4 effective 9/8/97 Sr. Research Analyst Randall Bauer Step 2 to Step 3 effective 8/25/97 Sr. Finance Officer Linda Laurenzo Step 4 to Step 5 effective 9/8/97 Finance Officer I Lois Brownell Step 2 to Step 3 effective 6/13/97 Sr. Research Analyst Theresa Kehoe Step 3 to Step 4 effective 11/17/97 Legislative Secretary Julie Simon Grade 16, Step 5 to to Research Assistant Grade 24, Step 1 effective 5/2/97 Sr. Research Analyst Carolann Jensen Step 3 to Step 4 effective 3/8/98 Research Analyst III Pam Dugdale Step 2 to Step 3 effective 5/16/97 Confidential Secretary to Leader Joann Hanover Step 5 to Step 6 effective 7/11/97 Research Analyst I Kristin Ripperger Step 1 to Step 2 effective 9/8/97 Research Analyst I Mark Braun Step 1 to Step 2 effective 10/6/97 Admin. Asst. to President II Kaye Lozier Grade 32, Step 1 to to Admin. Asst. to President III Grade 35, Step 2 effective 7/11/97 Admin. Asst. to President II Becky Beach Grade 32, Step 2 to to Admin. Asst. to President III Grade 35, Step 2 effective 7/11/97 Research Analyst Michael Savala Step 4 to Step 5 effective 3/20/98 Research Analyst Mike St. Clair Step 1 to Step 2 effective 6/23/97 Research Analyst I Ronald M. Parker Grade 29, Step 2 to to Research Analyst II Grade 32, Step 1 effective 5/16/97 Research Analyst I Linda Santi Grade 29, Step 3 to to Research Analyst II Grade 32, Step 2 effective 7/11/97 Caucus Secretary James Fitzgerald Step 2 to Step 3 effective 8/8/97 Sr. Editor Carole Kelly Resigned 1/5/98 Editor II Teri Souer Resigned 12/1/97 Indexing Assistant Kathleen Curoe Grade 19, Step 6 to to Indexer I/Records & Supply Grade 22, Step 5 effective 12/12/97 Doorkeeper Kermit Tannatt Step 1 to Step 2 effective 3/6/98 Chief Doorkeeper William Krieg Grade 12, Step 4 to to Sergeant-at-Arms Grade 17, Step 4 effective 1/12/98 Legislative Committee David Boettger Step 1 to Step 2 Secretary effective 3/6/98 Legislative Committee Vicki Davis Step 3 to Step 4 Secretary effective 2/6/98 Legislative Committee Marilyn Rensink Step 5 to Step 6 Secretary effective 4/3/98 Legislative Committee Elaine Rittmer Step 1 to Step 2 Secretary effective 3/6/98 Legislative Secretary Laval Anderson Step 1 to Step 2 effective 4/3/98 Legislative Secretary Jean Cooper Step 2 to Step 3 effective 4/3/98 Legislative Secretary S. Brenna Findley Step 1 to Step 2 effective 3/6/98 Legislative Secretary Faye Fraise Step 4 to Step 5 effective 4/3/98 Legislative Secretary Jake Parsons Step 1 to Step 2 effective 3/6/98 STEWART IVERSON, JR. Chair SUBCOMMITTEE ASSIGNMENTS SSB 2000 TRANSPORTATION: Drake, Chair; Borlaug and Connolly SSB 2001 STATE GOVERNMENT: Kibbie, Chair; Drake and Tinsman REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: 3:02 p.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern, and Rife. Members Absent: None. Committee Business: Organizational meeting. Adjourned: 3:05 p.m. TRANSPORTATION Convened: January 12, 1998, 2:05 p.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer. Members Absent: None. Committee Business: SSB 2000 was passed as a committee bill. Adjourned: 2:35 p.m. COMMITTEE REPORTS TRANSPORTATION Final Bill Action: SENATE FILE 2022 (SSB 2000), a bill for an act relating to the authority of the state transportation commission to temporarily transfer revitalize Iowa's sound economy (RISE) funds to the primary road fund and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STUDY BILLS RECEIVED SSB 2000 Transportation Relating to the authority of the state transportation commission to temporarily transfer revitalize Iowa's sound economy (RISE) funds to the primary road fund and providing an effective date. SSB 2001 State Government Relating to the composition of the board of podiatry examiners. AMENDMENTS FILED S-5001 H.F. 299 Tom Vilsack Michael E. Gronstal S-5002 H.F. 299 Tom Vilsack Michael E. Gronstal S-5003 H.F. 299 Tom Vilsack Michael E. Gronstal S-5004 H.F. 299 Tom Vilsack Michael E. Gronstal BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S.F. 2001 Judiciary S.F. 2002 Judiciary S.F. 2003 Ways & Means S.F. 2004 Natural Resources & Environment S.F. 2005 Natural Resources & Environment S.F. 2006 Ways & Means S.F. 2007 Local Government S.F. 2008 Judiciary S.F. 2009 Local Government S.F. 2010 Natural Resources & Environment S.F. 2011 Human Resources S.F. 2012 Local Government S.F. 2013 Education S.F. 2014 Judiciary S.F. 2015 Natural Resources & Environment S.F. 2016 Judiciary S.F. 2017 Agriculture S.F. 2018 Ways & Means S.F. 2019 State Government S.F. 2020 Agriculture S.F. 2021 Ways & Means INTRODUCTION OF BILLS Senate File 2009, by McKean, a bill for an act relating to the voter approval of annexation and severance of territory to or from a city. Read first time under Rule 28 and passed on file. Senate File 2010, by Rittmer, a bill for an act relating to permit applications submitted to the department of natural resources. Read first time under Rule 28 and passed on file. Senate File 2011, by Freeman, a bill for an act relating to the disbursement of child support payments made to the clerk of the district court or to the collection services center and providing penalties and effective dates. Read first time under Rule 28 and passed on file. Senate File 2012, by Borlaug, a bill for an act relating to the service of written notice of a petition to vacate an official plat. Read first time under Rule 28 and passed on file. Senate File 2013, by Lundby, a bill for an act relating to the transportation of children participating in open enrollment. Read first time under Rule 28 and passed on file. Senate File 2014, by Lundby, a bill for an act relating to the payment of costs relating to a contempt of court action for nonpayment of child support. Read first time under Rule 28 and passed on file. Senate File 2015, by Lundby, a bill for an act to remove cottonwood trees and cotton-bearing poplar trees in cities from a list of items deemed to be nuisances. Read first time under Rule 28 and passed on file. Senate File 2016, by Lundby, a bill for an act increasing compensation for grand jurors and petit jurors. Read first time under Rule 28 and passed on file. Senate File 2017, by Borlaug, a bill for an act relating to the state ceiling on the issuance of private activity bonds to administer programs by the Iowa agricultural development authority. Read first time under Rule 28 and passed on file. Senate File 2018, by Gronstal, a bill for an act relating to the exemption from the state sales, services, and use taxes of foods purchased with or eligible for purchase with food coupons issued by the federal government. Read first time under Rule 28 and passed on file. Senate File 2019, by McCoy, a bill for an act relating to the size of beer containers sold for consumption off a licensed or permitted premises, and subjecting violators to a penalty. Read first time under Rule 28 and passed on file. Senate File 2020, by Kibbie, a bill for an act relating to animal feeding operations by regulating distances that separate an animal feeding operation structure from a cemetery. Read first time under Rule 28 and passed on file. Senate File 2021, by Kibbie, a bill for an act exempting gross receipts from the purchase of goods or services by a fair society from the state sales and services tax. Read first time under Rule 28 and passed on file. Senate File 2022, by committee on Transportation, a bill for an act relating to the authority of the state transportation commission to temporarily transfer revitalize Iowa's sound economy (RISE) funds to the primary road fund and providing an effective date. Read first time under Rule 28 and placed on calendar. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 10:46 a.m., until 9:00 a.m., Tuesday, January 13, 1998. 26 JOURNAL OF THE SENATE 1st Day 1st Day Error! Reference source not found. 25
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