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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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