Senate Journal: Monday, February 16, 1998

  THIRTY-SIXTH CALENDAR DAY
  TWENTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, February 16, 1998

  The Senate met in regular session at 1:10 p.m., President Kramer
  presiding.

  Prayer was offered by the Honorable Bill Fink, member of the
  Senate from Warren County, Carlisle, Iowa.

  The Journal of Thursday, February 12, 1998, was approved.

  Senator Bartz took the chair at 1:18 p.m.

  INTRODUCTION OF BILLS

  Senate File 2210, by Tinsman, a bill for an act requiring a peace
  officer to assist an abused person in removing clothing, medical items,
  and other personal effects for the immediate need of the abused
  person and any children in that person's care.

  Read first time and referred to committee on Human Resources.

  Senate File 2211, by Tinsman, a bill for an act providing for the
  seizure of firearms as part of the requirements of a protective order
  against domestic abuse.

  Read first time and referred to committee on Judiciary.

  Senate File 2212, by King, a bill for an act changing the
  conditions for nuisance suit protection for animal feeding operations.

  Read first time and referred to committee on Agriculture.
  Senate File 2213, by Hansen, a bill for an act relating to
  contracts for the medical and surgical treatment and care of indigent
  persons.

  Read first time and referred to committee on Human Resources.

  Senate File 2214, by Tinsman, a bill for an act relating to the
  requirements for professional engineering licensure for applicants
  with certain educational qualifications and providing a retroactive
  applicability date.

  Read first time and referred to committee on State Government.
  APPENDIX

  BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT:  The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  16th day
  of February, 1998:

  Senate Files 2082 and 2094.

  MARY PAT GUNDERSON
  Secretary of the Senate

  BILL SIGNED BY THE GOVERNOR

  A communication was received announcing that on February 16,
  1998, the Governor approved and transmitted to the Secretary of
  State the following bill:

  S.F. 2029 - Relating to the composition of the Board of Podiatry Examiners.


  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  January 26, 1998

  DEPARTMENT OF NATURAL RESOURCES

  Pursuant to Section 272C.4, Code of Iowa, a summary of activities for the
  1997
  certification programs.  This applies to persons engaging in well
  construction,
  supervising operation of water treatment, and operating sanitary landfill
  disposal
  facilities.

  January 27, 1998

  GAMING ASSOCIATION OF IOWA

   Examination of the Micro-Economic Impacts of Casino Gaming in Iowa.
  DEPARTMENT OF GENERAL SERVICES

  Fleet and Mail Division Private Vehicle Rate Policy.

  IOWA DEPARTMENT OF PUBLIC HEALTH

  Pursuant to 77th G.A., Chapter 203, Scope of Practice Review Committee.
  PILOT
  PROJECT.  Project Report January 1998.

  GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE

  Iowa's Drug and Violent Crime Control Strategy Update 1998.

  DEPARTMENT OF NATURAL RESOURCES

  Comprehensive Plan for the Management of Eurasian Water Milfoil in Iowa.
  July 1, 1997.

  January 28, 1998

  DEPARTMENT OF NATURAL RESOURCES

  Annual Report as required by Code of Iowa, Sections 455B.425 and 455B.427.
  It
  describes the condition of the Hazardous Waste Remedial Fund and reports on
  the sites
  in the registry of hazardous waste, and disposal sites.

  January 29, 1998

  LEGISLATIVE SERVICE BUREAU

  Progress Report.  Task Force to Study Iowa's System of State and Local
  Taxation.

  Progress Report.  Commission on Urban Planning, Growth Management of Cities,
  and Protection of Farmland.

  Final Report.  Anatomical Gift Referral Study Committee.

  Final Report.  Criminal Sentencing Interim Study Committee.

  Final Report.  County Issuance of Motor Vehicle Licenses Study Committee.

  DEPARTMENT OF CULTURAL AFFAIRS

  Annual Report FY '97 in accordance with Iowa Code, Sections 7A.3 and
  303.l(6)b.

  IOWA COMMISSSION ON THE STATUS OF WOMEN
  Department of Human Rights

  Annual Report.
  February 2, 1998

  IOWA DEPARTMENT OF PUBLIC HEALTH

  Pursuant to 77th G. A., Chapter 93: Regarding the Regulation of Intermediate
  Care
  Facilities for the Mentally Retarded and Psychiatric Medical Institutions
  for Children.

  Pursuant to Iowa Code, Section 135.43, the Report: IOWA CHILD DEATH
  REVIEW TEAM.

  February 3, 1998

  TREASURER OF THE STATE OF IOWA

  In accordance with Iowa Code, Section 12.38, the Linked Investments for
  Tomorrow
  Annual Report.

  IOWA DEPARTMENT OF PUBLIC SAFETY

  1996 Rate Comparisons.

  DEPARTMENT OF HUMAN SERVICES

  Pursuant to 1997 Iowa Acts, Chapter 175, Section 241 (HF612), a report for
  The
  Iowa Child Support Recovery Unit.

  IOWA DEPARTMENT OF HUMAN RIGHTS
  Commission on Persons with Disabilities

  1997 Annual Report.

  February 4, 1998

  IOWA DEPARTMENT OF TRANSPORTATION

  As required in Iowa Code, Section 307.21.  Recycled Content Plastic Bag and
  Soy
  Inks Report.

  IOWA DEPARTMENT OF HUMAN RIGHTS
  Family Development and Self-Sufficiency Council

  1997 Annual Report.

  February 5, 1998

  IOWA'S CENTER FOR AGRICULTURAL SAFETY AND HEALTH

  Pursuant to Code of Iowa, Section 262.78(6), the I-CASH ANNUAL Report.
  February 9, 1998

  IOWA DEPARTMENT OF TRANSPORTATION

  Pursuant to Iowa Code, Section 327I.8(6), the 1997 Annual Report of the Iowa
  Railway Finance Authority.

  February 10, 1998

  DEPARTMENT OF HUMAN SERVICES

  As required by HF715,  Iowa Medicaid Telemedicine Pilot Project Start-up
  Evaluation Report.

  Pursuant to Iowa Code Section 7A.3, the 1997 Annual Report for the Iowa
  Department of Human Services.

  DEPARTMENT OF MANAGEMENT

  Pursuant to Section 8.6(2) of the Code of Iowa, an updated Statement of
  Standing
  Appropriations report for year ending June 30, 1997.

  OFFICE OF AUDITOR OF STATE

  An audit report on the Iowa Legislature for year ended June 30, 1997.


  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 11, 1998, 10:15 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations.

  Adjourned:  11:30 a.m.

  APPROPRIATIONS

  Convened:  February 16, 1998, 1:26 p.m.

  Members Present:  McLaren, Chair; Flynn, Ranking Member; Behn, Black,
  Borlaug,
  Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Maddox,
  Neuhauser, Rehberg, Rensink, Rittmer, and Tinsman.
  Members Absent:  Kramer, Vice Chair; Jensen, Lundby, McCoy, Rife, and
  Vilsack (all
  excused).

  Committee Business:  Passed SSB 2116.  Rule 40 was suspended.

  Adjourned:  1:35 p.m.

  INTRODUCTION OF BILLS

  Senate File 2215, by committee on Education, a bill for an act
  relating to the establishment of a beginning teacher induction
  program and making an appropriation.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2216, by Szymoniak, a bill for an act providing for an
  Iowa reading initiative program and making an appropriation.

  Read first time under Rule 28 and referred to committee on
  Education.

  Senate File 2217, by Neuhauser, Harper, Hammond, Dvorsky,
  Dearden, Szymoniak, Black, Fink, Flynn, Halvorson, Deluhery,
  Judge, Gronstal, and Fraise, a bill for an act relating to and making
  appropriations to the department of elder affairs for aging programs
  and services, and the Iowa department of public health for the public
  health nursing program, the home care aide program, and the Iowa
  senior health program.

  Read first time under Rule 28 and referred to committee on
  Appropriations.

  Senate File 2218, by Zieman, a bill for an act relating to the
  issuance of highway travel permits to raw milk transporters whose
  motor trucks exceed gross weight and axle weight restrictions and
  establishing a fee.

  Read first time under Rule 28 and referred to committee on
  Transportation.

  Senate File 2219, by committee on Judiciary, a bill for an act
  relating to the establishment of an automatic temporary financial
  protective order against the parties to a dissolution of marriage,
  separate maintenance, or annulment action limiting certain actions
  relating to assets and income of the parties.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2220, by committee on Judiciary, a bill for an act
  relating to the definition of a chronic runaway.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2221, by committee on Judiciary, a bill for an act
  relating to the payment of costs relating to a contempt of court action
  for nonpayment of child support.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2222, by Judge, a bill for an act relating to surface
  water and groundwater monitoring, watershed monitoring, and
  making appropriations.

  Read first time under Rule 28 and referred to committee on
  Natural Resources and Environment.

  Senate File 2223, by Dvorsky, Black, Connolly, Dearden,
  Deluhery, Fink, Flynn, Fraise, Gettings, Gronstal, Halvorson,
  Hammond, Hansen, Horn, Judge, Kibbie, McCoy, Neuhauser,
  Palmer, Szymoniak, Vilsack, and Harper, a bill for an act increasing
  the amount of the child and dependent care credit and including a
  retroactive applicability date provision.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  Senate File 2224, by committee on Judiciary, a bill for an act
  requiring a court to order a person convicted of domestic abuse
  assault to complete a batterers' treatment program, and to hold such
  person in contempt for failure to report for or complete treatment,
  and requiring related reporting of the status of treatment by the
  judicial district department of correctional services.

  Read first time under Rule 28 and placed on calendar.
  Senate File 2225, by committee on Judiciary, a bill for an act to
  legalize the proceedings of the board of directors of the Sigourney
  Community School District to sell certain school district property and
  providing effective and retroactive applicability dates.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2226, by committee on Judiciary, a bill for an act to
  extend the jurisdiction of the juvenile court to include adoption and
  termination of parental rights proceedings.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 2120	Agriculture

  Relating to agricultural production, including animal agriculture,
  and providing for fees and the appropriation of moneys.

  SSB 2121	Natural Resources and Environment

  Relating to the regulation of the deer population.

  SSB 2122	Natural Resources and Environment

  Relating to a minimum number of persons required for a railroad
  train crew and providing a penalty.

  SSB 2123	Natural Resources and Environment

  Regulating the sale of dogs and cats by pet dealers, and providing
  penalties.

  SSB 2124 	Natural Resources and Environment

  Relating to the administration of the insurance account of the
  comprehensive petroleum underground storage tank fund, creating
  an underground storage tank insurance board, and underground
  storage tank insurance fund, and transferring assets and liabilities of
  the insurance account of the comprehensive petroleum underground
  storage tank fund.

  SSB 2125	Human Resources

  Relating to juvenile justice system provisions involving foster care,
  termination of parental rights, and adoption preplacement
  investigations.

  SSB 2126	State Government

  Relating to local government authority to hold elections and
  providing an effective date.

  SSB 2127	State Government

  Relating to radiological detection equipment maintenance services
  provided by the emergency management division of the department of
  public defense and authorizing fees to be charged for the services.

  SSB 2128	State Government

  Relating to hospital clinical privileges of a physician assistant or
  advanced registered nurse practitioner.

  SSB 2129	Human Resources

  Relating to cigarettes and tobacco products by restricting smoking
  of tobacco products in licensed child day care centers and registered
  group day care homes, by restricting advertising, and providing a
  penalty.

  SSB 2130	Human Resources

  Relating to the continuation, administration, use, and performance
  of the community grant fund for juvenile crime prevention programs.

  SSB 2131	Natural Resources and Environment

  Relating to the use of net metering systems by certain facilities
  producing electrical energy and providing an effective date.
  SSB 2132	Agriculture

  Relating to the Iowa egg council and to an assessment on the sale
  of eggs for support of the council.

  SSB 2133	Local Government

  Relating to rural water services by authorizing rural water
  districts to enter into agreements with other governmental entities to
  provide for the ownership, acquisition, construction, and equipping of
  sewer systems, and authorizing the issuance of revenue obligations to
  finance the projects and providing procedures for detaching property
  from one district and attaching it to another district.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2130

  STATE GOVERNMENT:  Kibbie, Chair; Drake and Harper

  Senate File 2154

  HUMAN RESOURCES:  Boettger, Chair; Behn and Dearden

  Senate File 2155

  HUMAN RESOURCES:  Behn, Chair; Dvorsky and Schuerer

  Senate File 2160

  STATE GOVERNMENT:  Borlaug, Chair; Fink and McLaren

  Senate File 2161

  HUMAN RESOURCES:  Szymoniak, Chair; Boettger and Redwine

  Senate File 2170

  STATE GOVERNMENT:  Tinsman, Chair; Kibbie and McLaren

  Senate File 2175

  WAYS AND MEANS:  Borlaug, Chair; Freeman and Szymoniak

  Senate File 2176

  WAYS AND MEANS:  Douglas, Chair; Connolly and McLaren
  Senate File 2177

  HUMAN RESOURCES:  Redwine, Chair; Behn and Szymoniak

  Senate File 2181

  HUMAN RESOURCES:  Boettger, Chair; Behn and Dearden

  Senate File 2186

  HUMAN RESOURCES:  Behn, Chair; Boettger and Dvorsky

  Senate File 2198

  STATE GOVERNMENT:  Borlaug, Chair; McLaren and Szymoniak

  Senate File 2201

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

  Senate File 2202

  STATE GOVERNMENT:  Borlaug, Chair; Halvorson and King

  Senate File 2206

  HUMAN RESOURCES:  Boettger, Chair; Dearden and Schuerer

  Senate File 2209

  BUSINESS AND LABOR RELATIONS:  Dearden, Chair; Jensen and King

  SCR 105

  HUMAN RESOURCES:  Tinsman, Chair; Boettger and Harper

  SSB 2121

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

  SSB 2122

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Borlaug and Dearden

  SSB 2123

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Dvorsky and Rehberg

  SSB 2124

  NATURAL RESOURCES AND ENVIRONMENT:  Borlaug, Chair; Angelo and Black
  SSB 2126

  STATE GOVERNMENT:  Rittmer, Chair; Drake and Fink

  SSB 2127

  STATE GOVERNMENT:  Szymoniak, Chair; Harper and Tinsman

  SSB 2128

  STATE GOVERNMENT:  McLaren, Chair; Drake and Harper

  SSB 2131

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Borlaug and Dearden

  SSB 2132

  AGRICULTURE:  Angelo, Chair; Gettings and Rehberg

  SSB 2133

  LOCAL GOVERNMENT:  Angelo, Chair; Boettger and Fraise

  SSB 2134

  TRANSPORTATION:  Borlaug, Chair; Drake and Gettings

  SSB 2135

  APPROPRIATIONS:  Rittmer, Chair; Flynn and McLaren

  SSB 2136

  AGRICULTURE:  Bartz, Chair; Judge, McLaren, Rensink, and Vilsack

  SSB 2137

  AGRICULTURE:  Gettings, Chair; Gaskill and Hedge


  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
  16, 1998:

  LOCAL GOVERNMENT

  James M. Lawrence - City Development Board
  STATE GOVERNMENT

  Diane R. Weiland - Engineering and Land Surveying Examining Board

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  *SENATE FILE 2215 (SSB 2101), a bill for an act relating
  to the
  establishment of a beginning teacher induction program and making an
  appropriation.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Redfern, Rehberg, Angelo, Boettger, Kibbie, Kramer,
  Redwine,
  Rensink, and Tinsman.  Nays, 1:  Fink.  Pass, 3:  Dvorsky, Neuhauser, and
  Szymoniak.
  Absent, 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 Senate File 2215, and
  they
  were attached to the committee report.

  JUDICIARY

  Final Bill Action:  *SENATE FILE 2219 (SF 455), a bill for an act relating
  to the
  establishment of an automatic temporary stay against the parties to a
  dissolution of
  marriage, separate maintenance, or annulment action limiting certain actions
  relating
  to assets of the parties.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, McKibben, and Tinsman.  Nays, 2:  King
  and
  Redfern.  Absent or not voting, 1:  Fraise.

  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 Judiciary Committee on Senate File 2219, and
  they
  were attached to the committee report.

  ALSO:

  Final Bill Action:  *SENATE FILE 2220 (SF 2001), a bill for an act relating
  to the
  definition of a chronic runaway.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman.
  Nays, none.  Absent or not voting, 1:  Fraise.
  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 Judiciary Committee on Senate File 2220, and
  they
  were attached to the committee report.

  ALSO:

  Final Bill Action:  SENATE FILE 2221 (SF 2014), a bill for an act relating
  to the
  payment of costs relating to a contempt of court action for nonpayment of
  child support.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman.
  Nays, none.  Absent or not voting, 1:  Fraise.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 2224 (SF 2030), a bill for an act requiring
  a court
  to order a person convicted of domestic abuse assault to complete a
  batterers'
  treatment program, and to hold such person in contempt for failure to report
  for or
  complete treatment, and requiring related reporting of the status of
  treatment by the
  judicial district department of correctional services.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman.
  Nays, none.  Absent or not voting, 1:  Fraise.

  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 Judiciary Committee on Senate File 2224, and
  they
  were attached to the committee report.

  ALSO:

  Final Bill Action:  SENATE FILE 2225 (SF 2032), a bill for an act to
  legalize the
  proceedings of the board of directors of the Sigourney Community School
  District to sell
  certain school district property and providing effective and retroactive
  applicability
  dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman.
  Nays, none.  Absent or not voting, 1:  Fraise.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 2226 (SF 2095), a bill for an act to extend
  the
  jurisdiction of the juvenile court to include adoption and termination of
  parental rights
  proceedings.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman.
  Nays, none.  Absent or not voting, 1:  Fraise.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE FILE 599 (HF 327), a bill for an act relating to
  dispositional orders pertaining to certain delinquent children by expanding
  the criteria
  for state training school placements and providing for extension of
  dispositional orders
  to allow completion of sexual abusers treatment programs.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5039.

  Final Vote:  Ayes, 14:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman.
  Nays, none.  Absent or not voting, 1:  Fraise.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 2079, a bill for an act relating to the
  retention of
  identification cards of persons while in premises licensed for the sale and
  consumption
  of alcoholic beverages.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink,
  Halvorson,
  Harper, King, Lundby, Rife, and Szymoniak.  Nays, none.  Absent or not
  voting, 3:
  McKibben, McLaren, and Tinsman.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AMENDMENTS FILED

  S-5035		H.F. 299	Steve King
  S-5036		H.F. 299	Steve King
  S-5037		H.F. 299	Steve King
  S-5038		H.F. 299	Steve King
  S-5039		H.F. 599	Judiciary

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:23 p.m.,
  until 9:00 a.m., Tuesday, February 17, 1998.





























  288	JOURNAL OF THE SENATE	36th Day
  36th Day	MONDAY, FEBRUARY 16, 1998	289

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