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TWENTY-FOURTH CALENDAR DAY FIFTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 4, 1998 The Senate met in regular session at 9:07 a.m., Senator Redfern presiding. Prayer was offered by the Reverend Casey Reinkoester, pastor of the New Covenant Fellowship, Independence, Iowa. The Journal of Tuesday, February 3, 1998, was approved. POINT OF ORDER Senator Fink raised the point of order that Senate Files 540 and 2073 as listed on the Senate Calendar are not eligible until February 9, 1998. Senator Fink withdrew his point of order. INTRODUCTION OF BILLS Senate File 2103, by Horn, a bill for an act relating to grandparent and great-grandparent visitation rights. Read first time and passed on file. Senate File 2104, by Borlaug, a bill for an act relating to a sales, services, and use tax exemption for the purchase or rental of business-related equipment. Read first time and passed on file. Senate File 2105, by Borlaug, a bill for an act requiring the department of economic development to report on the status of international trade development in this state. Read first time and passed on file. Senate File 2106, by Borlaug, a bill for an act requiring a monitoring and notification system connected to an earthen manure storage structure, providing a penalty, and providing effective dates. Read first time and passed on file. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 4, 1998, 9:50 a.m. Members Present: Hedge, Chair; Rensink, Vice Chair; Black, Ranking Member; Behn and Dearden. Members Absent: None. Committee Business: Presentation by UNI. Adjourned: 10:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 4, 1998, 9:41 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Harper, Ranking Member; and Fink. Members Absent: Iverson (excused). Committee Business: Presentation by Iowa Department of Workforce Development. Adjourned: 11:23 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 4, 1998, 9:40 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; and Kibbie. Members Absent: Horn, Ranking Member; and McLaren (both excused). Committee Business: Presentations by Sioux City School District, Siouxland Chamber of Commerce, and Iowa Association of Business and Industry. Adjourned: 10:45 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 4, 1998, 9:49 a.m. Members Present: Rittmer, Chair; and Flynn, Ranking Member. Members Absent: McKibben, Vice Chair; Kramer and Palmer (all excused). Committee Business: Presentations by Department of General Services and Department of Elder Affairs. Adjourned: 11:45 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 4, 1998, 9:45 a.m. Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Redwine and Szymoniak. Members Absent: None. Committee Business: Presentations by LFB, DHS, ISAC, and Pottawattamie, Mills, Montgomery, Cass, and Scott counties. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 4, 1998, 9:38 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: 11:34 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 4, 1998, 9:47 a.m. Members Present: Rife, Chair; King, Vice Chair; Neuhauser, Ranking Member; Deluhery and Jensen. Members Absent: None. Committee Business: Presentation by ICN. Adjourned: 11:17 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 4, 1998, 9:45 a.m. Members Present: Freeman, Chair; Drake, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: None. Committee Business: Presentations by Fort Des Moines Black Officers Memorial, Inc. and IDOP. Adjourned: 10:40 a.m. AGRICULTURE Convened: February 4, 1998, 8:01 a.m. Members Present: Rensink, Chair; McLaren, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Fraise, Gettings, Hedge, Iverson, Kibbie, Rehberg, Rife, and Vilsack. Members Absent: Black (excused). Committee Business: Approved study bills. Adjourned: 8:40 a.m. APPROPRIATIONS Convened: February 4, 1998, 3:04 p.m. Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, Borlaug, Douglas, Dvorsky, Halvorson, Hammond, Harper, Hedge, Jensen, Lundby, Maddox, McCoy, Rehberg, Rensink, Rife, Rittmer, and Tinsman. Members Absent: Kramer, Vice Chair; Black, Freeman, Horn, Neuhauser, Vilsack (all excused). Committee Business: Subcommittee assignments. Discussed targets. Adjourned: 3:12 p.m. STATE GOVERNMENT' Convened: February 4, 1998, 2:05 p.m. Members Present: Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking Member; Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, Tinsman. Members Absent: None. Committee Business: Governor's appointees assigned to subcommittees. Approved SF 2075. Adjourned: 2:15 p.m. WAYS AND MEANS Convened: February 4, 1998, 11:35 a.m. Members Present: Douglas, Chair; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, and Vilsack. Members Absent: McKibben, Vice Chair; Palmer, Ranking Member; McLaren and Szymoniak (all excused). Committee Business: Subcommittee assignments. Adjourned: 11:45 a.m. COMMITTEE REPORTS AGRICULTURE Final Bill Action: Senate File 2119 (SSB 2032), a bill for an act relating to the corn promotion board, by increasing the ceiling on the state assessment of corn subject to a special referendum and authorizing the receipt of rents, royalties, and license fees by the board. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rensink, Judge, Angelo, Bartz, Behn, Fraise, Gettings, Hedge, Iverson, Kibbie, McLaren, Rehberg, Rife, and Vilsack. Nays, none. Absent or not voting: 1, Black. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *Senate File 2120 (SSB 2013), a bill for an act requiring that gasoline for certain purposes contain oxygenates, restricting the blending of gasoline, making a penalty applicable, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rensink, Judge, Angelo, Bartz, Behn, Fraise, Gettings, Hedge, Iverson, Kibbie, McLaren, Rehberg, Rife, and Vilsack. Nays, none. Absent or not voting, 1: Black. 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 Agriculture Committee on Senate File 2120, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 2121 (SSB 2031), a bill for an act regulating veterinary practice and procedures, by providing for the treatment of horses. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rensink, Judge, Angelo, Bartz, Behn, Fraise, Gettings, Hedge, Iverson, Kibbie, McLaren Rehberg, Rife, and Vilsack. Nays, none. Absent or not voting, 1: Black. 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 Agriculture Committee on Senate File 2121, and they were attached to the committee report. BUSINESS AND LABOR RELATIONS Final Bill Action: *SENATE FILE 2112 (SSB 2004), a bill for an act striking the sunset provision relating to the employment security administrative contribution surcharge. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Rife, King, Dearden, Behn, Freeman, Gettings, Horn, Jensen, McKean, and Palmer. Nays, 1: Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Business and Labor Committee on Senate File 2112, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 2005, a bill for an act relating to forestry and rural development by establishing a revolving loan fund. Recommendation: DO PASS. Final Vote: Ayes, 12: Bartz, Angelo, Fink, Black, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben, and Rehberg. Nays, none. Absent or not voting, 3: Borlaug, Iverson, and McLaren. Fiscal Note: REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 2075, a bill for an act relating to the creation of a dental hygiene committee within the board of dental examiners. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Halvorson, Harper, King, Lundby, McKibben, Rife, and Tinsman. Nays, none. Absent or not voting, 3: Fink, McLaren, and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 2111 (SSB 2034), a bill for an act establishing a railroad revolving loan fund and making an appropriation. 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: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2113 (SSB 2038), a bill for an act relating to driver and motor vehicle licensing, reporting, and registration. 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. INTRODUCTION OF BILLS Senate File 2107, by Hammond, Gronstal, Dearden, Deluhery, Halvorson, Flynn, Black of Jasper, Connolly, Harper, Horn, Judge, Kibbie, Neuhauser, Palmer, McCoy, Vilsack, Szymoniak, Gettings, Dvorsky, Fraise, Hansen, and Fink, a bill for an act relating to statewide comprehensive early child development services for at-risk four-year-old children and making an appropriation. Read first time under Rule 28 and passed on file. Senate File 2108, by Palmer and Dearden, a bill for an act relating to the administration of lasix to race horses, and subjecting violators to a penalty. Read first time under Rule 28 and passed on file. Senate File 2109, by Borlaug, a bill for an act relating to mobile home dealers. Read first time under Rule 28 and passed on file. Senate File 2110, by Hansen, a bill for an act appropriating money to the department of public safety to provide training for law enforcement personnel concerning persons with Alzheimer's disease. Read first time under Rule 28 and passed on file. Senate File 2111, by committee on Transportation, a bill for an act establishing a railroad revolving loan fund and making an appropriation. Read first time under Rule 28 and placed on calendar. Senate File 2112, by committee on Business and Labor, a bill for an act concerning the sunset provision relating to the employment security administrative contribution surcharge and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2113, by committee on Transportation, a bill for an act relating to driver and motor vehicle licensing, reporting, and registration. Read first time under Rule 28 and placed on calendar. Senate File 2114, by Connolly, a bill for an act relating to establishment of a midwest museum of the arts. Read first time under Rule 28 and passed on file. Senate File 2115, by Gronstal and Dearden, a bill for an act relating to employee participation in political party conventions and creating a penalty. Read first time under Rule 28 and passed on file. Senate File 2116, by Angelo, a bill for an act relating to the registration of sex offenders, by making changes in the registry information which must be provided by an offender, making changes to contempt procedures applicable to a refusal to register, changing the procedures applicable to release of information from the registry, and providing for the assessment of risk of persons required to register as sex offenders. Read first time under Rule 28 and passed on file. Senate File 2117, by Iverson, a bill for an act relating to the reissuance of special instruction permits to operate motor vehicles to persons with physical disabilities. Read first time under Rule 28 and passed on file. Senate File 2118, by Harper, a bill for an act establishing a pharmaceutical assistance program for the elderly and providing a penalty. Read first time under Rule 28 and passed on file. Senate File 2119, by committee on Agriculture, a bill for an act relating to the corn promotion board, by increasing the ceiling on the state assessment of corn subject to a special referendum and authorizing the receipt of rents, royalties, and license fees by the board. Read first time under Rule 28 and placed on calendar. Senate File 2120, by committee on Agriculture, a bill for an act requiring that gasoline for certain purposes contain oxygenates, restricting the blending of gasoline, making a penalty applicable, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2121, by committee on Agriculture, a bill for an act regulating veterinary practice and procedures, by providing for the treatment of horses, and providing an effective date. Read first time under Rule 28 and placed on calendar. STUDY BILLS RECEIVED SSB 2074 Agriculture Providing for interests in authorized entities owning or leasing agricultural land and making penalties applicable. SSB 2075 Commerce Relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code. SSB 2076 Commerce Relating to utility cost reviews associated with a rate-regulated public utility's procurement of natural gas or fuel for use in generating electricity. SSB 2077 Judiciary Concerning judicial administration. SSB 2078 Judiciary Relating to administration of criminal sentencing by making changes pertaining to suspension of portions of sentences in operating while intoxicated cases; providing for a mandatory minimum term of incarceration for felonious domestic abuse assault; allowing distribution of the presentence investigation report under certain circumstances; adding attempted murder to the crimes for which a person must serve eighty-five percent of the sentence imposed; eliminating a parole requirement for persons convicted of sexually predatory offenses; making changes relating to the receipt of credit for time served for escapes, offenses committed while in an institution, and for time spent in a violator facility; and providing for the sharing of certain habilitative and treatment resources with the department of human service. SSB 2079 Judiciary Relating to certain funds paid to or administered by the department of corrections, by making changes to procedures for the charging of payments for goods and services of Iowa prison industries, providing for the nonreversion of revolving farm fund balance investment proceeds, and making changes relating to the distribution and accounting for inmate earnings from private employers. SSB 2080 Judiciary Relating to property of a debtor which is exempt from execution. SSB 2081 Ways & Means Updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. SSB 2082 Ways & Means Relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes; providing penalties; and including effective and retroactive applicability date provisions. BILLS ASSIGNED TO COMMITTEES President Kramer announced the assignment of the following bills to committee: S.F. 2103 Human Resources S.F. 2104 Ways & Means S.F. 2105 Small Business, Economic Development & Tourism S.F. 2106 Agriculture S.F. 2107 Human Resources S.F. 2108 Agriculture S.F. 2109 Transportation S.F. 2110 Appropriations S.F. 2114 Education S.F. 2115 Business & Labor S.F. 2116 Judiciary S.F. 2117 Transportation S.F. 2118 Human Resources SUBCOMMITTEE ASSIGNMENTS Senate File 488 (Reassignment) APPROPRIATIONS: Behn, Chair; Black, Flynn, Hedge, Lundby, Rensink, and Vilsack Senate File 2054 TRANSPORTATION: Drake, Chair; Borlaug and Gettings Senate File 2083 STATE GOVERNMENT: Drake, Chair; Harper and King Senate File 2089 WAYS AND MEANS: McKibben, Chair; Redfern and Szymoniak Senate File 2091 WAYS AND MEANS: McLaren, Chair; Judge and Redfern Senate File 2092 WAYS AND MEANS: Douglas, Chair; Connolly and Maddox Senate File 2093 STATE GOVERNMENT: Rife, Chair; Fink and Lundby Senate File 2095 JUDICIARY: Maddox, Chair; Drake and Harper Senate File 2096 HUMAN RESOURCES: Boettger, Chair; Dearden and Tinsman Senate File 2097 HUMAN RESOURCES: Boettger, Chair; Dearden and Redwine Senate File 2100 WAYS AND MEANS: McKibben, Chair; Douglas and Judge Senate File 2101 WAYS AND MEANS: McLaren, Chair; Deluhery and Redfern Senate File 2102 WAYS AND MEANS: McKibben, Chair; Maddox and Palmer SJR 2001 APPROPRIATIONS: Jensen, Chair; Black, Douglas, Halvorson, and Tinsman SSB 2074 AGRICULTURE: Rensink, Chair; Angelo and Judge SSB 2075 COMMERCE: McCoy, Chair; King and Maddox SSB 2076 COMMERCE: Deluhery, Chair; Douglas and Schuerer SSB 2077 JUDICIARY: McKibben, Chair; Neuhauser and Redfern SSB 2078 JUDICIARY: Angelo, Chair; Halvorson and Maddox SSB 2079 JUDICIARY: Angelo, Chair; Halvorson and Maddox SSB 2080 JUDICIARY: Tinsman, Chair; Hammond and McKibben PETITION The following petition was presented and placed on file by: Senator Harper, from thirty-eight residents of Blackhawk County, favoring legislation (1) opposing managed care for child welfare, (2) oppose changes to Chapter 20, (3) for public hearings on merit, and (4) for moratorium on privatization of human services. AMENDMENT FILED S-5019 S.F. 2042 Jack Rife GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee assigned to standing committee for investigation was placed on the En Bloc Calendar with recommendation for confirmation on February 4, 1998: STATE GOVERNMENT Robert B. Leeman - Commission of Veterans Affairs ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:33 a.m., until 9:00 a.m., Thursday, February 5, 1998. 204 JOURNAL OF THE SENATE 24th Day 24th Day WEDNESDAY, FEBRUARY 4, 1998 203
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