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Senate Journal: Tuesday, February 10, 1998

  THIRTIETH CALENDAR DAY
  EIGHTEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 10, 1998

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Kent Mechler, pastor of the
  Zion St. John Lutheran Church, Sheffield, Iowa.

  The Journal of Monday, February 9, 1998, was approved.

  INTRODUCTION OF BILLS

  Senate File 2157, by Judge, a bill for an act relating to the
  issuance of additional antlerless deer hunting tags to licensed
  hunters.

  Read first time and passed on file.

  Senate File 2158, by Dvorsky, Neuhauser, Fink, Horn, and
  Connolly, a bill for an act relating to school finance, by providing
  advance funding for new students based upon increased student
  enrollment, making an appropriation, and providing an effective and
  applicability date.

  Read first time and passed on file.

  Senate File 2159, by Dvorsky and Angelo, a bill for an act
  relating to certification and licensing of certain occupations relating
  to real estate, by providing for appraiser certification, discipline of
  brokers and salespersons, and related matters, and making a penalty
  applicable.
  Read first time and passed on file.

  Senate File 2160, by Borlaug, a bill for an act establishing a state
  protocol officer.

  Read first time and passed on file.

  Senate File 2161, by Szymoniak, a bill for an act relating to the
  reporting and partner notification requirements relative to the
  human immunodeficiency virus.

  Read first time and passed on file.

  The Senate stood at ease at 9:07 a.m. until the fall of the gavel.

  The Senate resumed session at 9:09 a.m., President Kramer
  presiding.

  PRESENTATION

  Senator Iverson presented Senator Jensen with an inscribed
  walnut box with a carved depiction of the Iowa State Capitol Building
  for Senator Jensen's tireless efforts to restore the Capitol building.

  The Senate rose and expressed its appreciation to Senator Jensen.

  Senator Jensen addressed the Senate with brief remarks.
  APPENDIX

  CERTIFICATES OF RECOGNITION

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

  Amanda Dahlen, Decorah - For winning a Prudential Spirit of Community Award
  for outstanding, self-initiated community service.  Senator Zieman
  (2/10/98).

  Derek Maddux, Ankeny - For winning a Prudential Spirit of Community Award
  for
  outstanding, self-initiated community service.  Senator Palmer (2/9/98).

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 9, 1998, 11:05 a.m.

  Members Present:  Lundby, Chair; Bartz, Vice Chair; McCoy, Ranking Member;
  Gaskill, and Gettings.

  Members Absent:  None.

  Committee Business:  Tour and lunch with the office of the state treasurer.

  Adjourned:  12:45 p.m.

  COMMERCE

  Convened:  February 9, 1998, 3:10 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:  Recommended confirmation of governor's appointee.

  Adjourned:  3:20 p.m.

  HUMAN RESOURCES

  Convened:  February 9, 1998, 2:07 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Rensink, Schuerer,
  and
  Tinsman.
  Members Absent:  Iverson (excused).

  Committee Business:  Recommended confirmation of governor's appointee.

  Adjourned:  2:58 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 10, 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 LFB.

  Adjourned:  10:55 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 10, 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:  11:02 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 10, 1998, 9:44 a.m.

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

  Members Absent:  Redfern, Vice Chair (excused).

  Committee Business:  Presentation by ISU.

  Adjourned:  10:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 10, 1998, 9:50 a.m.

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

  Members Absent:  McKibben, Vice Chair; Kramer and Palmer (all excused).
  Committee Business:  Presentation by DOM.

  Adjourned:  11:00 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 10, 1998, 9:50 a.m.

  Members Present:  Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Redwine and Szymoniak.

  Members Absent:  None.

  Committee Business:  Discussion on appropriations bill.

  Adjourned:  12:00 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 10, 1998, 9:53 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations by D.A.R.E. and Department of Public
  Safety.

  Adjourned:  10:55 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE AND CAPITALS

  Convened:  February 10, 1998, 9:55 a.m.

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

  Members Absent:  Connolly (excused).

  Committee Business:  Presentation by DOT.

  Adjourned:  11:14 a.m.

  AGRICULTURE

  Convened:  February 10, 1998, 8:05 a.m.

  Members Present:  Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking
  Member;
  Angelo, Behn, Black, Fraise, Gettings, Hedge, Kibbie, McLaren, Rehberg, and
  Vilsack.

  Members Absent:  Bartz and Rife (excused).
  Committee Business:  Recommended confirmation of governor's appointee.

  Adjourned:  8:20 a.m.

  JUDICIARY

  Convened:  February 10, 1998, 3:35 p.m.

  Members Present:  McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking
  Member; Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper,
  McKibben,
  Redfern, and Tinsman.

  Members Absent:  Angelo and King (both excused).

  Committee Business:  Bill assignments.

  Adjourned:  3:37 p.m.

  LOCAL GOVERNMENT

  Convened:  February 10, 1998, 2:35 p.m.

  Members Present:  Behn, Chair; Boettger, Vice Chair; Fraise, Ranking Member;
  Angelo, Bartz, Black, Dearden, Gaskill, Hansen, McKean, Redwine, and
  Schuerer.

  Members Absent:  Connolly (excused).

  Committee Business:  Bill assignments.  Presentation by the League of
  Cities.

  Adjourned:  2:50 p.m.

  STATE GOVERNMENT

  Convened:  February 10, 1998, 2:38 p.m.

  Members Present:  Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking
  Member;
  Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren,
  Szymoniak, and Tinsman.

  Members Absent:  Rife (excused).

  Committee Business:  Consideration of bills.

  Adjourned:  2:52 p.m.

  INTRODUCTION OF BILLS

  Senate File 2162, by committee on Commerce, a bill for an act
  relating to the definition of the federal Truth in Lending Act in the
  Iowa consumer credit code.
  Read first time under Rule 28 and placed on calendar.

  Senate File 2163, by Szymoniak, a bill for an act relating to the
  penalty applicable to persons who commit animal abuse.

  Read first time under Rule 28 and passed on file.

  Senate File 2164, by Vilsack, a bill for an act to provide for the
  imposition of a life sentence for adults who manufacture and deliver
  methamphetamine to a minor.

  Read first time under Rule 28 and passed on file.

  Senate File 2165, by Connolly, a bill for an act relating to an
  individual income tax credit for tuition and fees paid to attend an
  accredited private college or university in Iowa and providing an
  effective and retroactive applicability date provision.

  Read first time under Rule 28 and passed on file.

  Senate File 2166, by Fraise, a bill for an act relating to the
  exemption from taxation of retirement income for purposes of state
  individual income tax and providing a retroactive applicability date.

  Read first time under Rule 28 and passed on file.

  Senate File 2167, by Tinsman, a bill for an act providing for a
  scheduled fine for the offense of driving a motor vehicle while a
  license is suspended, denied, revoked, or barred for an operating
  while intoxicated offense, or in the alternative, for community service
  by a defendant unable to pay the fine, and making related changes.

  Read first time under Rule 28 and passed on file.

  Senate File 2168, by Dvorsky, a bill for an act relating to the
  sixth judicial district pilot probation revocation project and providing
  for effective dates and for repeal of the pilot project provisions.

  Read first time under Rule 28 and passed on file.
  Senate File 2169, by Hansen, a bill for an act relating to the
  designation of a state poison center and making an appropriation.

  Read first time under Rule 28 and passed on file.

  Senate File 2170, by Tinsman, a bill for an act relating to
  licensing sanctions against individuals who default on debt owed to or
  collected by the college student aid commission.

  Read first time under Rule 28 and passed on file.

  Senate File 2171, by Borlaug, Maddox, Rehberg, Redfern,
  Lundby, and King, a bill for an act relating to the prohibition of sex
  acts between juveniles and employees and agents at juvenile
  placement facilities and providing a penalty.

  Read first time under Rule 28 and passed on file.

  Senate File 2172, by Deluhery, Gronstal, Dearden, Fink,
  Halvorson, Hammond, Flynn, Black of Jasper, Connolly, Harper,
  Horn, Kibbie, Judge, Neuhauser, Palmer, Vilsack, Gettings, Dvorsky,
  and Fraise, a bill for an act providing for the creation of an Iowa
  educational savings plan trust, addressing tax aspects, and
  containing applicability provisions.

  Read first time under Rule 28 and passed on file.

  Senate File 2173, by Gronstal, a bill for an act relating to
  disposition and use of unclaimed funds resulting from the liquidation
  of an insurer.

  Read first time under Rule 28 and passed on file.

  Senate File 2174, by committee on Agriculture, a bill for an act
  relating to agriculture by amending and eliminating provisions to
  reflect current practice, and transferring provisions.

  Read first time under Rule 28 and placed on calendar.
  INTRODUCTION OF RESOLUTION

  Senate Resolution 101, by committee on Rules and
  Administration, a resolution relating to gubernatorial appointments
  and other appointments requiring Senate confirmation.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 2101	Education

  Relating to the establishment of a beginning teacher induction
  program and making an appropriation.

  SSB 2102	State Government

  Relating to mobile home dealers.

  SSB 2103	State Government

  Relating to amusement ride rider safety and providing a penalty.

  SSB 2104	Transportation

  Relating to motor vehicle damage disclosure statements.

  SSB 2105	Education

  Establishing an early education improvement program, focused on
  kindergarten through grade three in the public school districts, and
  making an appropriation.

  SSB 2106	Judiciary

  Relating to compensation for the legal defense of indigent persons
  in criminal, appellate, and certain civil cases.
  SSB 2107	Judiciary

  Providing for the regulation of bail enforcement businesses and
  their agents, limiting their actions, establishing fees, eliminating
  temporary county-issued identification for private security agents and
  investigators, and providing penalties.

  SSB 2108	Judiciary

  Relating to adoption procedural requirements including those
  related to investigations, reports, and counseling.

  SSB 2109	Judiciary

  Providing for the merger of a limited partnership with other
  business entities.

  BILLS ASSIGNED TO COMMITTEE

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

  S.F. 2157	Natural Resources and Environment
  S.F. 2158	Education
  S.F. 2159	Commerce
  S.F. 2160	State Government
  S.F. 2161	Human Resources
  S.F. 2163	Judiciary
  S.F. 2164	Judiciary
  S.F. 2165	Ways and Means
  S.F. 2166	Ways and Means
  S.F. 2167	Judiciary
  S.F. 2168	Judiciary
  S.F. 2169	Human Resources
  S.F. 2170	State Government
  S.F. 2171	Judiciary
  S.F. 2172	Ways and Means
  S.F. 2173	Commerce
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2117

  TRANSPORTATION:  Rittmer, Chair; Gettings and Jensen

  Senate File 2124

  STATE GOVERNMENT:  Rittmer, Chair; Deluhery and Lundby

  Senate File 2125

  JUDICIARY:  McKean, Chair; Hammond and McKibben

  Senate File 2137

  JUDICIARY:  McKean, Chair; Halvorson and Redfern

  Senate File 2139

  HUMAN RESOURCES:  Redwine, Chair; Boettger and Dearden

  Senate File 2145

  HUMAN RESOURCES:  Tinsman, Chair; Dvorsky and Redwine

  Senate File 2146

  JUDICIARY:  Tinsman, Chair; Hammond and McKibben

  Senate File 2148

  TRANSPORTATION:  Connolly, Chair; Freeman and McKean

  Senate File 2150

  COMMERCE:  Maddox, Chair; Jensen and McCoy

  Senate File 2152

  COMMERCE:  Maddox, Chair; Jensen and McCoy

  Senate File 2159

  COMMERCE:  Lundby, Chair; Flynn and King

  SSB 2101

  EDUCATION:  Angelo, Chair; Fink and Kramer
  SSB 2102

  STATE GOVERNMENT:  Borlaug, Chair; Harper and Rife

  SSB 2103

  STATE GOVERNMENT:  Lundby, Chair; Drake and Kibbie

  SSB 2104

  TRANSPORTATION:  Jensen, Chair; Drake and Fraise

  SSB 2105

  EDUCATION:  Redfern, Chair; Neuhauser, Rensink, Szymoniak, and Tinsman

  SSB 2106

  JUDICIARY:  Maddox, Chair; McKibben and Neuhauser

  SSB 2107

  JUDICIARY:  Maddox, Chair; Harper and King

  SSB 2108

  JUDICIARY:  Maddox, Chair; Boettger and Hammond

  SSB 2109

  JUDICIARY:  Redfern, Chair; Hansen and McKibben


  GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the En Bloc Calendar with recommendations for confirmation on
  February
  10, 1998:

  AGRICULTURE

  Carol R. Jensen - State Soil Conservation Committee

  COMMERCE

  Jennifer L. Brownlee - Iowa Telecommunications and Technology Commission
  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  February 3, 1998, when the vote was taken on SF 2094.  Had I been present, I
  would
  have voted "aye."

  LYLE E. ZIEMAN

  SUPPLEMENTAL REPORT OF THE COMMITTEE ON MILEAGE

  MADAM PRESIDENT:  Your committee appointed to determine the mileage for the
  members of the Senate submits the following report:

   NAME  	 ROUND TRIP MILES
  Gaskill, E. Thurman	250

  Respectfully Submitted,
  MARY LOU FREEMAN, Chair
  JOHN W. JENSEN
  DON E. GETTINGS
  MICHAEL CONNOLLY

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  SENATE FILE 2174 (SSB 2060), a bill for an act relating
  to
  agriculture by amending and eliminating provisions to reflect current
  practice, and
  transferring provisions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Rensink, Gaskill, Judge, Angelo, Behn, Black,
  Fraise, Gettings,
  Hedge, Kibbie, McLaren, Rehberg, and Vilsack.  Nays, none.  Absent or not
  voting, 2:
  Bartz and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  COMMERCE

  Final Bill Action:  SENATE FILE 2162 (SSB 2075), a bill for an act relating
  to the
  definition of the federal Truth in Lending Act in the Iowa consumer credit
  code.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn,
  Gronstal,
  Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern, and Rife.  Nays, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE RESOLUTION 101, a resolution relating to
  gubernatorial appointments and other appointments requiring Senate
  confirmation.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Iverson, Kramer, Gronstal, Fink, Jensen, Judge,
  Kibbie,
  Redfern, and Rehberg.  Nays, none.  Absent or not voting, 2:  Lundby and
  Maddox.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  UPDATED TEMPORARY COMMITTEE ASSIGNMENTS

  Senator Iverson announced the following temporary committee
  assignments:

  Agriculture	Senator McLaren
  Business and Labor	Senator McKean
  Human Resources	Senator Iverson
  Local Government	Senator Schuerer
  Natural Resources and Environment	Senator Iverson
  Appropriations Subcommittee on
  Economic Development	Senator Iverson

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

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:14 a.m.,
  until 9:00 a.m., Wednesday, February 11, 1998.












  CORRECTION TO THE JOURNAL

  Human Resources subcommittee assignment on SSB 2066:  Bartz, Dearden and
  Behn
  250	JOURNAL OF THE SENATE	30th Day
  30th Day	TUESDAY, FEBRUARY 10, 1998	249

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