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THIRTY-SEVENTH CALENDAR DAY TWENTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 17, 1998 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by the Reverend Glen Reynolds, pastor of the Christian Life Assembly of God, Norwalk, Iowa. The Journal of Monday, February 16, 1998, was approved. HOUSE MESSAGE RECEIVED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on February 16, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2166, a bill for an act relating to regulation of food establishments and providing for fees and penalties and providing an effective date. Read first time and referred to committee on Ways and Means. INTRODUCTION OF BILLS Senate File 2227, by Dearden, Fraise, Vilsack, Horn, Gettings, Palmer, and Gronstal, a bill for an act prohibiting the granting of public financial assistance to employers who hire permanent replacement employees. Read first time and referred to committee on Business and Labor. Senate File 2228, by Dearden, Horn, Gettings, Palmer, and Gronstal, a bill for an act relating to employee choice of medical care in workers' compensation. Read first time and referred to committee on Business and Labor. Senate File 2229, by Dearden, Horn, Gettings, Palmer, and Gronstal, a bill for an act increasing the minimum hourly wage rate and eliminating certain exemptions, and making related changes. Read first time and referred to committee on Business and Labor. Senate File 2230, by Dearden, Fraise, Vilsack, Horn, Gettings, Palmer, and Gronstal, a bill for an act to provide for payment of prevailing wage rates on public construction projects and to provide enforcement through the labor commissioner and providing penalties. Read first time and referred to committee on Business and Labor. Senate File 2231, by Dearden, Horn, Gettings, Palmer, and Gronstal, a bill for an act concerning the confidentiality of workers' compensation records. Read first time and referred to committee on Business and Labor. Senate File 2232, by Dearden, Fraise, Vilsack, Horn, Gettings, Palmer, and Gronstal, a bill for an act relating to the second injury fund by providing for a surcharge on workers' compensation weekly benefits. Read first time and referred to committee on Business and Labor. Senate Joint Resolution 2002, by Halvorson, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the power of the people to approve or disapprove certain Acts of the General Assembly by referendum. Read first time and referred to committee on State Government. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 16, 1998, 10:10 a.m. Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Redwine and Szymoniak. Members Absent: None. Committee Business: Consideration of committee appropriations bill. Adjourned: 12:15 p.m. COMMERCE Convened: February 16, 1998, 4:05 p.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Redfern, and Rife. Members Absent: Palmer (excused). Committee Business: Recommended confirmation of governor's appointee. Approved SSB 2068, 2076, 2098, and 2119. Passed SF 367. Adjourned: 4:55 p.m. EDUCATION Convened: February 16, 1998, 2:15 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Angelo, Boettger, Dvorsky, Fink, Kibbie, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Members Absent: Connolly, Ranking Member; Gaskill and Kramer (all excused). Committee Business: Assigned subcommittees. Presentation on Mathematics Education. Adjourned: 3:02 p.m. LOCAL GOVERNMENT Convened: February 16, 1998, 3:05 p.m. Members Present: Behn, Chair; Boettger, Vice Chair; Angelo, Bartz, Black, Dearden, Hansen, McKean, Redwine, and Schuerer. Members Absent: Fraise, Ranking Member; Connolly and Gaskill (all excused). Committee Business: Assigned bills. Recommended confirmation of governor's appointee. Passed SSB 2028. Adjourned: 3:20 p.m. STATE GOVERNMENT Convened: February 16, 1998, 3:12 p.m. Members Present: Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking Member; Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, Rife, Szymoniak, and Tinsman. Members Absent: McKibben and McLaren (both excused). Committee Business: Consideration of SF 2079 and SSB 2049. Adjourned: 3:55 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 17, 1998, 10:08 a.m. Members Present: Hedge, Chair; Rensink, Vice Chair; Black, Ranking Member; Behn and Dearden. Members Absent: None. Committee Business: Approved and submitted proposed appropriations bill (LSB 3177JA77) to the full Appropriations Committee. Adjourned: 11:00 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 17, 1998, 10:17 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Harper, Ranking Member; Fink and Iverson. Members Absent: None. Committee Business: Approved and submitted proposed appropriations bill to the full Appropriations Committee. Adjourned: 12:30 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 17, 1998, 10:11 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; Fraise and McKean. Members Absent: None. Committee Business: Discussion of intent language. Adjourned: 11:20 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 17, 1998, 10:10 a.m. Members Present: Freeman, Chair; Drake, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: None. Committee Business: Consideration of committee appropriations bill. Adjourned: 11:15 a.m. AGRICULTURE Convened: February 17, 1998, 8:05 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, McLaren, and Rife. Members Absent: Rehberg and Vilsack (both excused). Committee Business: Passed SF 2088. Approved SSB 2033 and SSB 2091. Adjourned: 8:25 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 17, 1998, 1:05 p.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; Black, Dearden, Deluhery, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, and Rehberg. Members Absent: Borlaug and Iverson (both excused). Committee Business: Presentation on The Future of Rural Water Supplies. Approved SSB 2122. Adjourned: 1:55 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: February 17, 1998, 1:11 p.m. Members Present: Lundby, Chair; Rittmer, Vice Chair; Hansen, Ranking Member; Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Members Absent: None. Committee Business: Approved SSB 2041. Adjourned: 1:14 p.m. INTRODUCTION OF BILLS Senate File 2233, by McLaren, a bill for an act concerning drug and alcohol testing of employees and prospective employees and providing remedies and a penalty and an effective date. Read first time under Rule 28 and referred to committee on Business and Labor. Senate File 2234, by Dearden, Fink, Horn, Gettings, Palmer, and Gronstal, a bill for an act relating to railroad safety by providing for a minimum number of persons on a train crew and providing a penalty. Read first time under Rule 28 and referred to committee on Transportation. Senate File 2235, by committee on Judiciary, a bill for an act concerning judicial administration. Read first time under Rule 28 and placed on calendar. Senate File 2236, by committee on Natural Resources and Environment, a bill for an act relating to the management and rehabilitation of lakes under the jurisdiction of the department of natural resources, and making an appropriation. Read first time under Rule 28 and placed on calendar. Senate File 2237, by Douglas and McKibben, a bill for an act relating to the sales, services, and use taxes exemption for the sales of meals by certain agricultural production associations and including effective and retroactive applicability date provisions. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 2238, by Connolly, a bill for an act providing for expansion of the family resource center program and making an appropriation. Read first time under Rule 28 and referred to committee on Education. Senate File 2239, by Szymoniak, a bill for an act relating to compensation of boards of directors of school districts. Read first time under Rule 28 and referred to committee on Education. Senate File 2240, by Connolly, a bill for an act providing for the establishment of an Iowa reading initiative program and making an appropriation. Read first time under Rule 28 and referred to committee on Education. Senate File 2241, by Kramer, a bill for an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 2242, by committee on Commerce, a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 2243, by committee on Commerce, a bill for an act relating to the computation of interest pursuant to a written agreement between certain parties. Read first time under Rule 28 and placed on calendar. Senate File 2244, by Dearden, Horn, Gettings, Palmer, and Gronstal, a bill for an act concerning occupational safety and health by increasing penalties and providing staffing requirements. Read first time under Rule 28 and referred to committee on Business and Labor. Senate File 2245, by committee on Commerce, a bill for an act relating to the inclusion of alternate energy costs in customer billings. Read first time under Rule 28 and placed on calendar. Senate File 2246, by committee on Commerce, a bill for an act relating to utility cost reviews associated with a rate-regulated public utility's procurement of natural gas or fuel for use in generating electricity. Read first time under Rule 28 and placed on calendar. Senate Resolution 102, by committee on Appropriations, a resolution affirming the efforts of the child welfare services work group established by the Legislative Council, requesting approval for continuance of the work group, and requesting that leadership of the General Assembly work with the Governor and Iowa's congressional delegation in developing a memorandum of understanding with the federal government. Read first time under Rule 28 and placed on calendar. Senate File 2247, by McCoy, a bill for an act relating to limits on prepaid rent. Read first time under Rule 28 and referred to committee on Commerce. Senate File 2248, by committee on Education, a bill for an act relating to the repeal of the school finance law. Read first time under Rule 28 and placed on calendar. Senate Concurrent Resolution 106, by Harper and Redfern, a concurrent resolution designating March 1998 as Iowa Women's History Month. Read first time under Rule 28 and referred to committee on State Government. BILL 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 bill has 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 17th day of February, 1998: Senate File 2081 MARY PAT GUNDERSON Secretary of the Senate STUDY BILLS RECEIVED SSB 2134 Transportation Relating to the regulation of and motor vehicle operation on the roads and streets of this state by providing for the classification of the system of roads and streets, authorizing easements on state- controlled lands, providing for the admissibility of official records of the state department of transportation, regulating motor vehicles and motor vehicle dealers, authorizing maintenance vehicles to stop or park on the traveled way of the roadway, allowing single trucks a variance on their maximum length, administering of motor vehicle laws by the state department of transportation concerning motor vehicle dealer sales, multiyear vehicle and vehicle dealer licensing, requiring the payment of certain civil penalties before issuance of temporary restricted licenses, and modifying the compilation requirements for airport sufficiency ratings. SSB 2135 Appropriations Relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates. SSB 2136 Agriculture Relating to agriculture by providing programs to assist persons involved in value-added processing. SSB 2137 Agriculture Relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. SSB 2138 Judiciary To exclude a claim of unlawful forfeiture of a reduction of sentence from the bases for postconviction relief and making related changes. SSB 2139 Business & Labor Relations Relating to the confidentiality of certain records and reports held by the labor commissioner. SSB 2140 Natural Resources & Environment Relating to exemptions from and reductions in solid waste tonnage fees for certain persons. SSB 2141 Commerce Relating to electronic commerce security, and providing penalties. SSB 2142 Commerce Amending the Uniform Securities Act, by regulating persons involved in managing investments, providing for the administration of the securities bureau, providing fees, and providing for penalties. SSB 2143 Commerce Relating to a reinsurer's liability. SSB 2144 Commerce Relating to the management of public rights-of-way by local government units, eliminating the power of cities to grant franchises to erect, maintain, and operate plants and systems for telecommunications services within the city, and providing an effective date. SSB 2145 Agriculture Relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices. SSB 2146 Judiciary Relating to persons who commit certain unlawful sex acts, by providing for a procedure for the civil commitment of sexually violent predators, making changes in the procedures pertaining to the sex offender registry, providing for hormonal intervention therapy for persons convicted of certain sex offenses, and providing an effective date. SUBCOMMITTEE ASSIGNMENTS Senate File 14 EDUCATION: Boettger, Chair; Szymoniak and Tinsman Senate File 41 EDUCATION: Rehberg, Chair; Fink and Rensink Senate File 47 EDUCATION: Angelo, Chair; Boettger and Kibbie Senate File 50 EDUCATION: Angelo, Chair; Dvorsky and Redwine Senate File 56 EDUCATION: Redwine, Chair; Rehberg and Szymoniak Senate File 57 EDUCATION: Boettger, Chair; Neuhauser and Rensink Senate File 78 EDUCATION: Boettger, Chair; Connolly and Redwine Senate File 90 EDUCATION: Rensink, Chair; Angelo and Kibbie Senate File 103 EDUCATION: Tinsman, Chair; Dvorsky and Redwine Senate File 146 EDUCATION: Rehberg, Chair; Angelo and Szymoniak Senate File 154 EDUCATION: Angelo, Chair; Boettger and Kibbie Senate File 168 EDUCATION: Boettger, Chair; Kibbie and Tinsman Senate File 186 EDUCATION: Redwine, Chair; Kibbie and Tinsman Senate File 208 EDUCATION: Rensink, Chair; Dvorsky and Rehberg Senate File 245 EDUCATION: Boettger, Chair; Fink and Rehberg Senate File 263 EDUCATION: Redfern, Chair; Connolly and Rehberg Senate File 303 EDUCATION: Rehberg, Chair; Dvorsky and Rensink Senate File 353 EDUCATION: Rensink, Chair; Angelo and Neuhauser Senate File 386 EDUCATION: Rehberg, Chair; Boettger and Connolly Senate File 2042 (Reassignment) LOCAL GOVERNMENT: McKean, Chair; Dearden and Gaskill Senate File 2195 WAYS AND MEANS: Redfern, Chair; Deluhery and Douglas Senate File 2200 LOCAL GOVERNMENT: Angelo, Chair; Gaskill and Hansen Senate File 2203 JUDICIARY: Angelo, Chair; Halvorson and King Senate File 2205 JUDICIARY: McKean, Chair; Halvorson and Maddox Senate File 2207 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Borlaug and Judge Senate File 2208 LOCAL GOVERNMENT: Behn, Chair; Gaskill and Hansen Senate File 2211 JUDICIARY: Tinsman, Chair; Fraise and King Senate File 2212 AGRICULTURE: Rensink, Chair; Judge and McLaren Senate File 2222 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Borlaug and Judge Senate File 2223 WAYS AND MEANS: McKibben, Chair; Freeman and Palmer House File 506 EDUCATION: Rehberg, Chair; Kibbie and Tinsman House File 2162 JUDICIARY: Neuhauser, Chair; Angelo and Boettger House File 2163 JUDICIARY: McKean, Chair; Halvorson and Redfern SJR 11 EDUCATION: Tinsman, Chair; Boettger and Dvorsky SSB 2138 JUDICIARY: McKean, Chair; Fraise and Maddox SSB 2139 BUSINESS AND LABOR RELATIONS: Jensen, Chair; Horn and Schuerer SSB 2140 NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Fink and Gaskill SSB 2141 COMMERCE: King, Chair; Deluhery and Douglas SSB 2142 COMMERCE: Deluhery, Chair; Douglas and Redfern SSB 2143 COMMERCE: Hansen, Chair; Lundby and Maddox SSB 2144 COMMERCE: Schuerer, Chair; King and McCoy SSB 2145 AGRICULTURE: Black, Chair; Bartz and Rife SSB 2146 JUDICIARY: Angelo, Chair; Halvorson and King GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR The following appointee assigned to standing committees for investigation was placed on the En Bloc Calendar with recommendation for confirmation on February 17, 1998: COMMERCE Paula S. Dierenfeld - Utilities Board COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE RESOLUTION 102 (SSB 2116), a resolution affirming the efforts of the child welfare services work group established by the Legislative Council, requesting approval for continuance of the work group, and requesting that leadership of the General Assembly work with the Governor and Iowa's congressional delegation in developing a memorandum of understanding with the federal government. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 19: McLaren, Flynn, Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Maddox, Neuhauser, Rehberg, Rensink, Rittmer, and Tinsman. Nays, none. Absent or not voting, 6: Kramer, Jensen, Lundby, McCoy, Rife, and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: *SENATE FILE 2242 (SSB 2098), a bill for an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Jensen, Schuerer, Bartz, Douglas, Hansen, King, Lundby, Redfern, and Rife. Nays, 4: Deluhery, Flynn, Gronstal, and McCoy. Absent or not voting, 2: Maddox and Palmer. 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 Commerce Committee on Senate File 2242, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2243 (SSB 2068), a bill for an act relating to the computation of interest pursuant to a written agreement between certain parties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Jensen, Schuerer, Bartz, Douglas, Flynn, Hansen, King, Lundby and Redfern. Nays, 2: Deluhery and Gronstal. Pass, 1: McCoy. Absent, 3: Maddox, Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2245 (SSB 2119), a bill for an act relating to the inclusion of alternate energy costs in customer billings. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, McCoy, and Redfern. Nays, none. Absent or not voting, 3: Maddox, Palmer, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2246 (SSB 2076), a bill for an act relating to utility cost reviews associated with a rate-regulated public utility's procurement of natural gas or fuel for use in generating electricity. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Redfern, and Rife. Nays, none. Absent or not voting, 1: Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: SENATE FILE 2248 (SSB 2087), a bill for an act relating to the repeal of the school finance law. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redfern, Rehberg, Angelo, Boettger, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Nays, 2: Dvorsky and Fink. Absent or not voting, 2: Connolly and Gaskill. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE FILE 2235 (SSB 2077), a bill for an act concerning judicial administration. 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. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE FILE 2236 (SSB 2020), a bill for an act relating to the management of lakes under the jurisdiction of the department of natural resources, authorizing lake management districts, authorizing the imposition of property tax levies, and making an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, Angelo, Fink, Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Gaskill, Iverson, Judge, McKibben, and Rehberg. Nays, 1: Hedge. 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 Natural Resources and Environment Committee on Senate File 2236, and they were attached to the committee report. ANNOUNCEMENT OF APPOINTMENTS BY THE PRESIDENT OF THE SENATE President Kramer announced the following senatorial appointments after consultation with the majority and minority leaders: February 17, 1998 Committee on the Status of Women Maggie Tinsman replaces Don Redfern Commission on Children, Youth and Families Tom Flynn replaces Tom Vilsack Council on Human Investment Pat Harper replaces Tom Flynn EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on February 12, 1998, when the votes were taken on Senate Files 2075, 2113, 2136, 2162, and 2174. Had I been present, I would have voted "aye." MIKE CONNOLLY AMENDMENTS FILED S-5040 S.F. 2192 Eugene S. Fraise John P. Kibbie Don Gettings Tom Flynn John W. Jensen S-5041 S.F. 2014 Nancy Boettger Steve King Rod Halvorson ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:21 a.m., until 9:00 a.m., Wednesday, February 18, 1998.
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