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Senate Journal: Thursday, January 29, 1998

  EIGHTEENTH CALENDAR DAY
  TWELFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, January 29, 1998

  The Senate met in regular session at 9:06 a.m., President Kramer
  presiding.

  Prayer was offered by Marvin Boldt, chaplain of the Iowa Fireman's
  Association, Traer, Iowa.

  The Journal of Wednesday, January 28, 1998, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Vilsack until he arrives, on request of Senator Gronstal.

  TEMPORARY COMMITTEE ASSIGNMENTS

  Senator Iverson announced the following temporary committee
  assignments:

  Agriculture					Senator Iverson
  Business and Labor				Senator McKean
  Human Resources				Senator Iverson
  Local Government				Senator Kramer
  Natural Resources				Senator McLaren
  Economic Development Appropriation
  Subcommittee				Senator Iverson

  These committee assignments will remain in effect until Senator
  Zieman returns to the Senate.
  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:11 a.m.,
  until 2:00 p.m.


  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  January 28, 1998, 9:45 a.m.

  Members Present:  Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member;
  and Kibbie.

  Members Absent:  McLaren (excused).

  Committee Business:  Presentations by IPTV and Microsoft Teacher of the
  Year.

  Adjourned:  11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 28, 1998, 9:55 a.m.

  Members Present: Rittmer, Chair; McKibben, Vice Chair; and Flynn, Ranking
  Member.

  Members Absent:  Kramer and Palmer (both excused).

  Committee Business:  Presentations by Commission on Status of Women,
  Commission on Status of African-Americans, and Iowa Community Action
  Association.

  Adjourned:  11:40 a.m.

  COMMERCE

  Convened:  January 28, 1998, 3:04 p.m.

  Members Present:  Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member;
  Bartz, Douglas, Flynn, Gronstal, Hansen, King, Maddox, Palmer, Redfern, and
  Rife.

  Members Absent:  Lundby and McCoy (both excused).

  Committee Business:  Presentation by the State Insurance Commissioner.

  Adjourned:  4:04 p.m.
  COMMITTEE REPORT

  TRANSPORTATION

  Final Bill Action:  SENATE FILE 2085 (SSB 2035), a bill for an act relating
  to the
  responsibilities of the department of transportation, including vehicle
  equipment and
  parking regulation, postings of highway weight restrictions, and receipt of
  plans for
  city street construction.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Drake, Borlaug, McCoy, Connolly, Douglas, Fraise,
  Freeman,
  Gettings, Halvorson, Jensen, and McKibben.  Nays, none.  Absent or not
  voting, 2:
  McKean and Rittmer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  CERTIFICATES OF RECOGNITION

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

  Andrew James Carroll, Dubuque - For achieving the rank of Eagle Scout.
  Senator
  Connolly (1/28/98).

  Jessica Rohrig, Orient - For being named 1998 Iowa Pork Princess.  Senator
  Douglas (1/21/98).

  Thomas Mark Ruzicka, Dubuque - For achieving the rank of Eagle Scout.
  Senator
  Connolly (1/28/98).

  David Neill Yeager, Dubuque - For achieving the rank of Eagle Scout.
  Senator
  Connolly (1/28/98).

  BILL TO COMMITTEE

  H.F.	2002	Judiciary

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2028
  (Reassignment)

  NATURAL RESOURCES AND ENVIRONMENT:  Iverson, Chair; Black and Borlaug

  Senate File 2076

  NATURAL RESOURCES AND ENVIRONMENT:  Deluhery, Chair; Iverson and
  Zieman
  House File 2002

  JUDICIARY:  McKibben, Chair; Hansen and King

  SSB 2055

  JUDICIARY:  McKean, Chair; Halvorson and Redfern

  SSB 2056

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Deluhery and
  Rehberg

  INTRODUCTION OF BILLS

  Senate File 2083, by Gronstal, a bill for an act relating to state
  funds and accounts by creating and reestablishing various state funds
  and accounts, directing the expenditure of receipts, and making
  appropriations and appropriation reductions.

  Read first time under Rule 28 and passed on file.

  Senate File 2084, by Hansen, Dearden, Deluhery, Fink, Gronstal,
  Halvorson, Hammond, Flynn, Black, Connolly, Harper, Kibbie, Judge,
  Horn, Neuhauser, Palmer, McCoy, Szymoniak, Vilsack, Gettings,
  Dvorsky, and Fraise, a bill for an act relating to school infrastructure,
  establishing a school infrastructure fund, and making an
  appropriation.

  Read first time under Rule 28 and passed on file.

  Senate File 2085, by committee on Transportation, a bill for an
  act relating to the responsibilities of the department of
  transportation, including vehicle equipment and parking regulation,
  postings of highway weight restrictions, and receipt of plans for city
  street construction.

  Read first time under Rule 28 and placed on calendar.
  AFTERNOON SESSION

  The Senate reconvened at 2:10 p.m., President Kramer presiding.

  QUORUM CALL

  Senator Hedge requested a non-record roll call to determine that a
  quorum was present.

  The vote revealed 43 present, 7 absent and a quorum present.

  BILL REFERRED TO COMMITTEE

  Senator Iverson asked and received unanimous consent that
  House File 202 be referred from the Unfinished Business Calendar
  to the committee on Natural Resources and Environment.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 2023, 2052, and 2072.

  Senate File 2023

  On motion of Senator Jensen, Senate File 2023, a bill for an act
  relating to the issuance of ex-prisoner of war motor vehicle
  registration plates to surviving spouses, with report of committee
  recommending passage, was taken up for consideration.

  The Senate stood at ease at 2:19 p.m. until the fall of the gavel.

  The Senate resumed session at 2:21 p.m.

  Senator Hansen offered amendment S-5012 filed by him from the
  floor to page 1 of the bill, moved its adoption, and requested a record
  roll call.

  Rule 23, requiring all senators present to vote except those who
  express a conflict of interest, was invoked.
  On the question "Shall amendment S-5012 be adopted?" (S.F.
  2023) the vote was:

  Ayes, 21:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	McCoy	Neuhauser	Szymoniak
  Vilsack	

  Nays, 27:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Douglas	Drake	Freeman
  Hedge	Iverson	Jensen	King
  Kramer	Lundby	Maddox	McKean
  McKibben	McLaren	Palmer	Redfern
  Redwine	Rehberg	Rensink	Rife
  Rittmer	Schuerer	Tinsman	

  Absent or Not Voting, 1:

  Zieman

  Amendment S-5012 lost.

  Senator Jensen 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. 2023), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack	

  Nays, none.
  Absent or Not Voting, 1:

  Zieman

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senate File 2052

  On motion of Senator Bartz, Senate File 2052, a bill for an act
  relating to the state ceiling on the issuance of private activity bonds
  to administer programs by governmental entities, including the Iowa
  agricultural development authority, and political subdivisions, was
  taken up for consideration.

  Senator Bartz offered amendment S-5011 filed by Senators Bartz,
  Judge, and Rensink from the floor to pages 1, 2, and the title page of
  the bill and moved its adoption.

  Amendment S-5011 was adopted by a voice vote.

  Senator Bartz 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. 2052), the vote was:

  Ayes, 45:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gettings	Halvorson	Hammond	Harper
  Hedge	Horn	Iverson	Jensen
  Judge	Kibbie	King	Kramer
  Lundby	Maddox	McCoy	McKean
  McKibben	McLaren	Neuhauser	Palmer
  Redwine	Rehberg	Rensink	Rife
  Rittmer	Schuerer	Szymoniak	Tinsman
  Vilsack	

  Nays, 2:

  Gronstal	Hansen	
  Absent or Not Voting, 2:

  Redfern	Zieman

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title as amended was agreed to.		

  Senate File 2072

  On motion of Senator Hammond, Senate File 2072, a bill for an act
  providing for the appointment of an additional member to the family
  development and self-sufficiency council, was taken up for
  consideration.

  Senator Hammond 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. 2072), the vote was:

  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	McCoy
  McKean	McKibben	McLaren	Neuhauser
  Palmer	Redwine	Rehberg	Rensink
  Rife	Rittmer	Schuerer	Szymoniak
  Tinsman	Vilsack	

  Nays, none.

  Absent or Not Voting, 3:

  Maddox	Redfern	Zieman		

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2023, 2052, and 2072 be immediately messaged to
  the House.

  INTRODUCTION OF BILL

  Senate File 2086, by Angelo, a bill for an act providing for an
  alternative method of accreditation for public and nonpublic schools.

  Read first time and passed on file.
  APPENDIX

  APPOINTMENTS FROM THE GOVERNOR

  The following appointees were submitted by the Governor to the
  Secretary of the Senate for Senate confirmation:

   TERM
  BARBER EXAMINERS, BOARD OF	
  Ellen T. Larson, Des Moines	10/21/97 - 4/30/99

  CITY DEVELOPMENT BOARD
  James M. Lawrence, Waterloo	5/14/97 - 4/30/00

  CORRECTIONS, DIRECTOR OF THE DEPARTMENT OF
  Walter L. Kautzky, Des Moines	4/7/97 - Pleasure of the Governor

  DEAF SERVICES, ADMINISTRATOR OF THE DIVISION OF
  Kathryn L. Baumann-Reese, Des Moines	9/30/97 - Pleasure of the Governor

  DEAF, COMMISSION ON THE
  Janice L. Wilson, Cedar Rapids	9/8/97 - 4/30/99

  ECONOMIC DEVELOPMENT BOARD, IOWA
  Dr. Pamela R. Sessions, Bloomfield	9/8/97 - 4/30/99

  EDUCATION, STATE BOARD OF
  Mary Jean Montgomery, Spencer	5/22/97 - 4/30/02

  EDUCATION, STATE BOARD OF
  John C. White, Iowa City	5/20/97 - 4/30/02

  EDUCATIONAL EXAMINERS, BOARD OF
  Peter E. Hathaway, Sioux City	4/10/97 - 4/30/01

  ENGINEERING AND LAND SURVEYING EXAMINING BOARD
  Diane R. Weiland, Greenfield	8/15/97 - 4/30/98

  GENERAL SERVICES, DIRECTOR OF THE DEPARTMENT OF
  Richard J. Haines, Newton	1/26/98 - Pleasure of the Governor

  HEALTH FACILITIES COUNCIL
  Kathleen E. Kregel, Fort Dodge	5/20/97 - 4/30/01

  LAW ENFORCEMENT ACADEMY COUNCIL, IOWA
  Lynne R. DeKruif, Osage	9/18/97 - 4/30/00

  MEDICAL EXAMINERS, BOARD OF
  Dr. Curtis L. Reynolds, Cedar Rapids	11/15/97 - 4/30/99
  PAROLE, BOARD OF
  Grace G. Copley, Des Moines	1/9/98 - 4/30/99

  SOIL CONSERVATION COMMITTEE, STATE
  Carol R. Jensen, Everly	4/2/97 - 4/30/01

  TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA
  Jennifer L. Brownlee, Emmetsburg	4/11/97 - 4/30/99

  UTILITIES BOARD
  Paula S. Dierenfeld, Johnston	9/19/97 - 4/30/99

  VETERANS AFFAIRS, COMMISSION OF
  Robert B. Leeman, Guttenberg	10/20/97 - 4/30/98

  The appointments were referred to the committee on Rules and
  Administration.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  January 29, 1998, 9:50 a.m.

  Members Present:  Hedge, Chair; Rensink, Vice Chair; Behn and Dearden.

  Members Absent:  Black, Ranking Member.

  Committee Business:  Presentation by Energy and Geology Division of DNR.

  Adjourned:  10:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  January 29, 1998, 9:47 a.m.

  Members Present:  Borlaug, Chair; Schuerer, Vice Chair; Harper, Ranking
  Member;
  and Fink.

  Members Absent:  Iverson (excused).

  Committee Business:  Presentation by DED.

  Adjourned:  10:51 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  January 29, 1998, 9:40 a.m.

  Members Present:  Rehberg, Chair; Horn, Ranking Member; and Kibbie.
  Members Absent:  Redfern, Vice Chair; and McLaren.

  Committee Business:  Presentation by Board of Educational Examiners.

  Adjourned:  11:13 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 29, 1998, 9:53 a.m.

  Members Present:  Rittmer, Chair; McKibben, Vice Chair; Flynn, Ranking
  Member;
  and Palmer.

  Members Absent:  Kramer (excused).

  Committee Business:  Presentations by the Commission of Veterans Affairs and
  the
  Department of Public Health.

  Adjourned:  11:38 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  January 29, 1998, 9:55 a.m.

  Members Present:  Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking
  Member;
  Fraise and McKean.

  Members Absent:  None.

  Committee Business:  Presentation by Department of Corrections.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE AND CAPITALS

  Convened:  January 29, 1998, 9:50 a.m.

  Members Present:  Freeman, Chair; Drake, Vice Chair; Halvorson, Ranking
  Member;
  Connolly and Douglas.

  Members Absent:  None.

  Committee Business:  Review and discussion of proposed Governor's bills.

  Adjourned:  10:55 a.m.

  JUDICIARY

  Convened:  January 29, 1998, 1:05 p.m.
  Members Present:  McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking
  Member; Boettger, Drake, Halvorson, Hammond, Harper, King, McKibben,
  Redfern,
  and Tinsman.

  Members Absent:  Angelo, Fraise, and Hansen (all excused).

  Committee Business:  Bill assignments.  Passed SSB 2006.

  Adjourned:  1:14 p.m.

  STUDY BILLS RECEIVED

  SSB 2054	Small Business, Economic Development and
  Tourism

  Relating to an insurance premium tax credit for eligible businesses
  under the new jobs and income program.

  SSB 2055	Judiciary

  Prohibiting the loan of money for gambling purposes through a
  credit card or an electronic or mechanical device at a licensed
  gambling facility.

  SSB 2056	Natural Resources and Environment

  Relating to waste tires and tire-derived fuels.

  SSB 2057	Natural Resources and Environment

  Providing for the purchase of biodegradable hydraulic fluids
  manufactured from soybeans by state agencies.

  SSB 2058	Commerce

  Relating to the time for review of the reorganization of a public
  utility by the utilities board and providing an effective date.

  SSB 2059	Commerce

  Relating to the operation and regulation of banks and making
  technical corrections.
  SSB 2060	Agriculture

  Relating to agriculture by amending and eliminating provisions to
  reflect current practice, and transferring provisions.


  BILLS ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of the following bills
  to committee:

  S.F.	2083	State Government
  S.F.	2084	Education
  S.F.	2086	Education


  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2056

  STATE GOVERNMENT:  Rittmer, Chair; King and Szymoniak

  Senate File 2071

  LOCAL GOVERNMENT:  McKean, Chair; Angelo and Dearden

  Senate File 2079

  STATE GOVERNMENT:  Borlaug, Chair; Fink and McLaren

  SSB 2057

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Black and McLaren

  SSB 2058

  COMMERCE:  Palmer, Chair; Lundby and Rife

  SSB 2059

  COMMERCE:  Palmer, Chair; Lundby and Rife

  SSB 2060

  AGRICULTURE:  Rehberg, Chair; Behn and Kibbie
  AMENDMENTS FILED

  S-5011		S.F. 2052	Merlin E. Bartz
  Patty Judge
  Wilmer Rensink
  S-5012		S.F. 2023	Steven D. Hansen

  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:

  Research Analyst to	Michael Savala	Grade 27, Step 4 to
  Research Analyst I		Grade 29, Step 3
  Effective 3/20/98

  Confidential Secretary to	Lori Bristol	Grade 27, Step 6 to
  Confidential Secretary II		Grade 32, Step 3
  Effective 2/6/98

  Research Assistant	Julie Simon	Step 1 to Step 2
  Effective 11/19/97

  STEWART IVERSON, JR., Chair

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 3:02 p.m.,
  until 9:00 a.m., Friday, January 30, 1998.
  158	JOURNAL OF THE SENATE	18th Day
  18th Day	THURSDAY, JANUARY 29, 1998	157

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