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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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