Senate Journal: Wednesday, February 11, 1998

  THIRTY-FIRST CALENDAR DAY
  NINETEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, February 11, 1998

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

  Prayer was offered by the Reverend Douglas Dowling, pastor of St.
  John's Lutheran Church, Craig, Iowa.

  The Journal of Tuesday, February 10, 1998, was approved.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on February 10, 1998, passed the following bills in which the
  concurrence of
  the House was asked:

  Senate File 2029, a bill for an act relating to the composition of
  the board of podiatry examiners.

  Senate File 2081, a bill for an act regulating implements of
  husbandry.

  ALSO:  That the House has on February 10, 1998, passed the following bill in
  which
  the concurrence of the Senate is asked:

  House File 2049, a bill for an act relating to redemption by a
  county of certain parcels sold at property tax sale.

  Read first time and passed on file.
  INTRODUCTION OF BILLS

  Senate File 2175, by Zieman, a bill for an act relating to
  information entered on property tax rolls for mobile, modular, or
  manufactured homes.

  Read first time and passed on file.

  Senate File 2176, by Zieman, a bill for an act relating to
  assessment of certain manufactured buildings for purposes of
  property taxation.

  Read first time and passed on file.

  Senate File 2177, by Redwine, a bill for an act relating to
  hepatitis type B immunizations of children and providing an
  applicability provision and an effective date.

  Read first time and passed on file.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  EDUCATION

  Convened:  February 10, 1998, 1:02 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Angelo, Boettger,
  Dvorsky,
  Fink, Gaskill, Kibbie, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman.

  Members Absent:  Connolly, Ranking Member; and Kramer (both excused).

  Committee Business:  Subcommittee assignments.  Recommended confirmation of
  governor's appointee.  Presentation by Governor Lamar Alexander.

  Adjourned:  2:35 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 11, 1998, 10:10 a.m.

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

  Members Absent:  Iverson (excused).

  Committee Business:  Presentation by Department of Workforce Development.

  Adjourned:  10:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 11, 1998, 9:44 a.m.

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

  Members Absent:  Kibbie and McLaren (both excused).

  Committee Business:  Budget discussion.

  Adjourned:  10:57 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 11, 1998, 10:06 a.m.

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

  Members Absent:  McKibben, Vice Chair; and Kramer (both excused).
  Committee Business:  Discussion of appropriation issues.

  Adjourned:  10:50 a.m.

  COMMERCE

  Convened:  February 11, 1998, 8:04 a.m.

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

  Members Absent:  Bartz, Lundby, Maddox, McCoy, Palmer, and Rife (all
  excused).

  Committee Business:  Presentation by Superintendent of Banking.

  Adjourned:  8:45 a.m.

  WAYS AND MEANS

  Convened:  February 11, 1998, 11:40 a.m.

  Members Present:  Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking
  Member;
  Borlaug, Deluhery, Drake, Freeman, Hedge, Maddox, Szymoniak, and Vilsack.

  Members Absent:  Connolly, Judge, McLaren, and Redfern (all excused).

  Committee Business:  Subcommittee assignments.

  Adjourned:  12:20 p.m.

  INTRODUCTION OF BILLS

  Senate File 2178, by Black, a bill for an act to prohibit public
  intoxication by inhaling chemical substances and providing a penalty.

  Read first time under Rule 28 and passed on file.

  Senate File 2179, by Black, a bill for an act relating to the
  authority and immunity of federal law enforcement officers in making
  arrests for nonfederal crimes.

  Read first time under Rule 28 and passed on file.

  Senate File 2180, by Black, a bill for an act relating to the audit
  of the annual report of receipts and disbursements of a township
  clerk.
  Read first time under Rule 28 and passed on file.

  Senate File 2181, by Tinsman, a bill for an act to establish sexual
  harassment as an unfair employment practice under the jurisdiction
  of the civil rights commission.

  Read first time under Rule 28 and passed on file.

  Senate File 2182, by committee on State Government, a bill for
  an act relating to the state fire marshal, including the installation of
  automatic fire extinguishing systems in new construction.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2183, by committee on State Government, a bill for
  an act relating to a transfer of the records management duties of the
  department of general services to the department of cultural affairs
  and making conforming changes.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2184, by committee on Natural Resources and
  Environment, a bill for an act relating to the disposal of cement kiln
  dust at tonnage fee exempt solid waste disposal facilities.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2185, by committee on Natural Resources and
  Environment, a bill for an act providing for the purchase of
  biodegradable hydraulic fluids manufactured from soybeans by state
  agencies.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2186, by McKibben, a bill for an act relating to the
  validity and enforceability in Iowa of an advance directive document
  executed by a veteran of the armed forces.

  Read first time under Rule 28 and passed on file.
  Senate File 2187, by McKibben and McKean, a bill for an act
  relating to the validity of certain marriages.

  Read first time under Rule 28 and passed on file.

  Senate File 2188, by committee on Commerce, a bill for an act
  relating to debt collection by excluding a financial institution and its
  employees from the definition of debt collector.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2189, by committee on Commerce, a bill for an act
  relating to the number of bank offices which may be established by a
  bank within a municipal corporation or urban complex.

  Read first time under Rule 28 and placed on calendar.

  INTRODUCTION OF RESOLUTIONS

  Senate Concurrent Resolution 104, by Hansen and Gronstal, a
  concurrent resolution requesting the Congress of the United States to
  establish a national park in the Loess Hills area of western Iowa.

  Read first time under Rule 28 and passed on file.

  Senate Concurrent Resolution 105, by Boettger, a concurrent
  resolution relating to the intent of the Iowa General Assembly
  regarding federal tobacco legislation.

  Read first time under Rule 28 and passed on file.

  STUDY BILLS RECEIVED

  SSB 2110	Ways & Means

  Relating to rural improvement zones.

  SSB 2111	Human Resources

  Relating to anatomical gifts by modifying certain qualification
  requirements for hospital reimbursement grants and requiring
  submission of an annual donation and compliance report.
  SSB 2112 	Education

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


  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
  11, 1998:

  EDUCATION

  Mary Jean Montgomery - State Board of Education
  John C. White - State Board of Education

  Peter E. Hathaway - Board of Educational Examiners

  HUMAN RESOURCES

  Kathleen E. Kregel - Health Facilities Council

  Kathryn L. Baumann-Reese - Administrator of the Division of Deaf Services

  BILLS ASSIGNED TO COMMITTEE

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

  S.F. 2175	Ways and Means
  S.F. 2176	Ways and Means
  S.F. 2177	Human Resources
  S.F. 2178	Judiciary
  S.F. 2179	Judiciary
  S.F. 2180	Local Government
  S.F. 2181	Human Resources
  S.F. 2186	Human Resources
  S.F. 2187	Judiciary
  SCR 104	Natural Resources and Environment
  SCR 105	Human Resources
  HF 2049	Local Government
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2109

  TRANSPORTATION:  Borlaug, Chair; McCoy and McKean

  Senate File 2128

  WAYS AND MEANS:  Drake, Chair; Judge and McKibben

  Senate File 2138

  WAYS AND MEANS:  McLaren, Chair; Connolly and Drake

  Senate File 2149

  NATURAL RESOURCES AND ENVIRONMENT:  Freeman, Chair; Borlaug and
  Dvorsky

  Senate File 2151

  STATE GOVERNMENT:  Lundby, Chair; Deluhery and Tinsman

  Senate File 2153

  STATE GOVERNMENT:  Rittmer, Chair; Halvorson and Tinsman

  Senate File 2157

  NATURAL RESOURCES AND ENVIRONMENT:  Judge, Chair; Angelo and Rehberg

  Senate File 2165

  WAYS AND MEANS:  Douglas, Chair; Borlaug and Connolly

  Senate File 2166

  WAYS AND MEANS:  McLaren, Chair; Deluhery and Hedge

  Senate File 2172

  WAYS AND MEANS:  Douglas, Chair; Borlaug and Connolly

  House File 2119

  WAYS AND MEANS:  Douglas, Chair; Borlaug and Connolly

  SSB 2091

  AGRICULTURE:  Rensink, Chair; Behn and Kibbie
  SSB 2096

  HUMAN RESOURCES:  Boettger, Chair; Behn, Hammond, Harper, and Schuerer

  SSB 2110

  WAYS AND MEANS:  Maddox, Chair; Douglas and Judge

  SSB 2111

  HUMAN RESOURCES:  Tinsman, Chair; Boettger and Hammond

  SR 101

  RULES AND ADMINISTRATION:  Iverson, Chair; Gronstal and Kramer


  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action:  SENATE FILE 2188 (SSB 2097), a bill for an act relating
  to debt
  collection by excluding a financial institution and its employees from the
  definition of
  debt collector.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal,
  Hansen,
  King, and Redfern.  Nays, none.  Absent or not voting, 6:  Bartz, Lundby,
  Maddox,
  McCoy, Palmer, and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2189 (SSB 2099), a bill for an act relating
  to the
  number of bank offices which may be established by a bank within a municipal
  corporation or urban complex.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal,
  Hansen,
  King, and Redfern.  Nays, none.  Absent or not voting, 6:  Bartz, Lundby,
  Maddox,
  McCoy, Palmer, and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  EDUCATION

  Final Bill Action:  *HOUSE CONCURRENT RESOLUTION 15, a concurrent
  resolution providing for the formation of a committee by the Legislative
  Council to
  conduct a comprehensive study of school finance and make recommendations for
  a
  revised school aid formula.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5027.

  Final Vote:  Ayes, 13:  Redfern, Rehberg, Angelo, Boettger, Dvorsky, Fink,
  Kibbie,
  Kramer, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman.  Nays, none.
  Absent or not voting, 2:  Connolly and Gaskill.

  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 Education Committee on HCR 15, and they were
  attached to the committee report.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 2184 (SSB 2070), a bill for an act relating
  to the
  disposal of cement kiln dust at tonnage fee exempt solid waste disposal
  facilities.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Bartz, Angelo, Fink, Black, Borlaug, Dearden,
  Deluhery,
  Dvorsky, Freeman, Hedge, and Rehberg.  Nays, none.  Absent or not voting, 4:
  Gaskill,
  Iverson, Judge, and McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2185 (SSB 2057), a bill for an act providing
  for the
  purchase of biodegradable hydraulic fluids manufactured from soybeans by
  state
  agencies.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  Bartz, Angelo, Fink, Black, Borlaug, Dearden,
  Deluhery,
  Dvorsky, Freeman, Hedge, and Rehberg.  Nays, none.  Absent or not voting, 4:
  Gaskill,
  Iverson, Judge, and McKibben.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 2182 (SSB 2063), a bill for an act relating
  to the
  state fire marshal, including the installation of automatic fire
  extinguishing systems in
  new construction.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 14:  Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink,
  Halvorson,
  Harper, King, Lundby, McKibben, McLaren, Szymoniak, and Tinsman.  Nays,
  none.
  Absent or not voting, 1:  Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2183 (SSB 2052), a bill for an act relating
  to a
  transfer of the records management duties of the department of general
  services to the
  department of cultural affairs and making conforming changes.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13:  Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink,
  Halvorson,
  Harper, Lundby, McKibben, McLaren, Szymoniak, and Tinsman.  Nays, none.
  Absent
  or not voting, 2:  King and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  SENATE FILE 2117, a bill for an act relating to the
  reissuance of
  special instruction permits to operate motor vehicles to persons with
  physical
  disabilities.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Drake, Borlaug, McCoy, Douglas, Fraise, Freeman,
  Gettings,
  Halvorson, Jensen, McKean, McKibben, and Rittmer.  Nays, none.  Absent or
  not
  voting, 1:  Connolly.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-5027		H.C.R. 15	Education
  S-5028		S.F. 2039	Elaine Szymoniak

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:22 a.m.,
  until 9:00 a.m., Thursday, February 12, 1998.
  262	JOURNAL OF THE SENATE	31st Day
  31st Day	WEDNESDAY, FEBRUARY 11, 1998	263

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