Senate Journal: Thursday, February 19, 1998

  THIRTY-NINTH CALENDAR DAY
  TWENTY-FOURTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, February 19, 1998

  The Senate met in regular session at 9:04 a.m., President Kramer
  presiding.

  Prayer was offered by the Victory Group, from the Des Moines
  Christian School, Des Moines, Iowa, who performed the National
  Anthem and a choral prayer, "Beautiful Savior."

  The Journal of Wednesday, February 18, 1998, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Dearden for the day, on request of Senator Hammond.

  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 18, 1998, passed the following bill in which the
  concurrence of
  the House was asked:

  Senate File 2073, a bill for an act prohibiting the performance of
  partial-birth abortions relative to a human fetus, establishing a cause
  of action for violation of the prohibition, and providing penalties.

  INTRODUCTION OF BILLS

  Senate File 2272, by Kibbie, a bill for an act authorizing a county
  to make an interfund transfer of county general fund revenues to the
  county's mental health, mental retardation, and developmental
  disabilities services fund under certain circumstances and providing
  an effective date.

  Read first time and referred to committee on Local Government.

  Senate File 2273, by committee on Agriculture, a bill for an act
  providing requirements for persons receiving a permit for the
  construction of a confinement feeding operation by excusing payment
  of fees for certain persons, providing an amnesty period, transferring
  provisions, providing for delinquency penalties, and providing an
  effective date.

  Read first time and placed on calendar.

  The Senate stood at ease at 9:12 a.m. until the fall of the gavel.

  The Senate resumed session at 9:14 a.m., President Kramer
  presiding.

  DISTINGUISHED GUEST

  Senator Iverson presented the Honorable Charles Grassley, U.S.
  Senator from Iowa, and former member of the Iowa House.
  APPENDIX

  CERTIFICATE OF RECOGNITION

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

  William Peck, Dubuque - Receiving the Team Award from Iowa State Education
  Association.  Senator Connolly (2-19-98).

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  February 19, 1998, 9:55 a.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:  Approved SSBs 2047, 2059, 2088, and 2090.

  Adjourned:  10:35 a.m.

  HUMAN RESOURCES

  Convened:  February 19, 1998, 1:08 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Behn, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and
  Tinsman.

  Members Absent:  Bartz and Dearden (both excused).

  Committee Business:  Passed SF 2161.  Approved SSBs 2015, 2111, and 2129,
  and
  SCR 105.  Recommended confirmation of governor's appointee.

  Adjourned:  2:00 p.m.

  JUDICIARY

  Convened:  February 19, 1998, 2:07 p.m.

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

  Members Absent:  McKibben (excused).
  Committee Business:  Bill assignments. Passed HF 2162.  Approved SSBs 2008
  and
  2106.

  Adjourned:  3:05 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 19, 1998, 10:40 a.m.

  Members Present:  Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member;
  Black,
  Borlaug, Deluhery, Dvorsky, Freeman, Gaskill, Hedge, Judge, McKibben, and
  Rehberg.

  Members Absent:  Dearden, Iverson (both excused).

  Committee Business:  Passed SF 2004 and approved SSB 2117.

  Adjourned:  10:50 a.m.

  WAYS AND MEANS

  Convened:  February 19, 1998, 11:40 a.m.

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

  Members Absent:  None.

  Committee Business:  Subcommittees assigned.  Passed HF 2119 and HF 721 as
  amended.  Approved  SSBs 2073 and 2110.

  Adjourned:  12:45 p.m.


  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  February 18, 1998, when the vote was taken on House File 299.  Had I been
  present, I
  would have voted "nay."

  ELAINE SZYMONIAK


  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 18, 1998:
  STATE GOVERNMENT

  Richard J. Haines - Director of the Department of General Services

  Ellen T. Larson - Board of Barber Examiners

  INTRODUCTION OF BILLS

  Senate Joint Resolution 2003, by Gronstal, Neuhauser, and
  Vilsack, a joint resolution proposing an amendment to the
  Constitution of the State of Iowa relating to the right of children to
  free public education through the secondary level.

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

  Senate File 2274, by committee on Judiciary, a bill for an act
  relating to certain funds paid to or administered by the department of
  corrections, by making changes to procedures for the charging of
  payments for goods and services of Iowa prison industries, providing
  for the nonreversion of revolving farm fund balance investment
  proceeds, and making changes relating to the distribution and
  accounting for inmate earnings from private employers.

  Read first time under Rule 28 and placed on calendar.

  Senate File 2275, by McCoy, a bill for an act relating to a
  prevailing wage requirement for the new jobs and income Act.

  Read first time under Rule 28 and referred to committee on Small
  Business, Economic Development, and Tourism.

  Senate File 2276, by Dvorsky, Gronstal, Dearden, Deluhery,
  Fink, Halvorson, Hammond, Flynn, Black, Connolly, Harper, Horn,
  Judge, Kibbie, Neuhauser, Palmer, McCoy, Szymoniak, Vilsack,
  Gettings, Fraise, and Hansen, a bill for an act relating to the
  establishment of a behavioral disorders teacher shortage loan
  payment program and fund, and alternative education options schools
  and programs, and making appropriations.

  Read first time under Rule 28 and referred to committee on
  Appropriations.
  Senate File 2277, by Szymoniak, a bill for an act providing that
  persons who use skateboard parks on public lands assume the risks
  associated with such activity.

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

  Senate File 2278, by Hansen, a bill for an act expanding the
  criminal code definition of serious injury to include certain injuries to
  children.

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

  STUDY BILLS RECEIVED

  SSB 2159	Appropriations

  Relating to and making appropriations for agriculture and natural
  resources.

  SSB 2160	Appropriations

  Appropriating funds to the department of economic development,
  certain board of regents institutions, the department of workforce
  development, the public employment relations board, making related
  statutory changes, and providing an effective date provision.

  SSB 2161	State Government	

  Concerning eligible alternative retirement benefit systems for
  community college employees.

  SSB 2162	State Government

  Relating to financial assistance to local governments for eligible
  disaster-related expenses, serious needs, and hazard mitigation and
  providing effective date.
  SSB 2163	Judiciary

  Relating to an inmate's right to counsel in a postconviction
  proceeding pertaining to a forfeiture of a reduction in sentence.

  SSB 2164	Human Resources

  Relating to the prohibition of sex acts between juveniles and
  employees and agents at juvenile placement facilities and providing a
  penalty.

  SSB 2165	Judiciary

  Allowing probation for some operating-while-intoxicated offenders
  after service of a mandatory minimum sentence, permitting licensed
  substance abuse agencies to offer a drinking drivers course,
  permitting a .15 blood alcohol level to control the penalties applicable
  to an offender regardless of the margin of error associated with the
  test device, and requiring the deletion from motor vehicle records
  after twelve years of certain youth license revocations for alcohol
  violations.

  SSB 2166	Judiciary

  Expanding the compensation available from the crime victim
  compensation program to victims of crime and their families.

  SSB 2167	Transportation

  Relating to compensation by manufacturers or distributors for
  warranty work on vessels and providing a remedy.

  SSB 2168	State Government

  Relating to gambling by imposing a moratorium on new licenses to
  conduct gambling on excursion gambling boats and at pari-mutuel
  racetracks with gambling games, limiting the location of future
  excursion gambling boats, prohibiting gambling licensees from
  allowing the loaning of money by credit card or other electronic
  means for gambling purposes, and imposing a scheduled fine for
  gambling by persons under twenty-one years of age.
  SSB 2169	Commerce

  Providing for the regulation of savings banks in a manner similar
  to state banks and striking provisions relating to the regulation of
  savings and loan associations, and providing an effective date.

  SSB 2170	State Government

  Relating to annual reports, audits, and board of directors
  composition of nonprofit corporations created by or in association
  with the Iowa finance authority and providing effective dates.

  SSB 2171	State Government

  Concerning nonsubstantive gender-related provisions in the Code.

  SSB 2172	State Government

  Concerning equitable treatment relating to historical monuments,
  jailers, peace officer and city or county assessor job requirements,
  parents of a child born out of wedlock, and the classification of estate
  debts and charges.


  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2216

  EDUCATION:  Rensink, Chair; Boettger and Szymoniak

  Senate File 2238

  EDUCATION:  Boettger, Chair; Connolly and Redwine

  Senate File 2239

  EDUCATION:  Angelo, Chair; Kibbie and Rensink

  Senate File 2240

  EDUCATION:  Redwine, Chair; Angelo and Dvorsky

  Senate File 2241

  JUDICIARY:  McKibben, Chair; Neuhauser and Redfern
  Senate File 2249

  EDUCATION:  Rehberg, Chair; Fink and Tinsman

  Senate File 2253

  NATURAL RESOURCES AND ENVIRONMENT:  Dvorsky, Chair; Gaskill and McKibben

  Senate File 2260

  WAYS AND MEANS:  Douglas, Chair; Deluhery and Drake

  Senate File 2262

  APPROPRIATIONS:  Rehberg, Chair; Halvorson and Hedge

  Senate File 2263

  APPROPRIATIONS:  Rehberg, Chair; Halvorson and Hedge

  Senate File 2266

  JUDICIARY:  Redfern, Chair; Drake and Harper

  Senate File 2270

  JUDICIARY:  Maddox, Chair; Harper and King

  SCR 106

  STATE GOVERNMENT:  Lundby, Chair; Szymoniak and Tinsman

  SR 103

  STATE GOVERNMENT:  Lundby, Chair; Borlaug and Fink

  SSB 2149

  HUMAN RESOURCES:  Redwine, Chair; Boettger and Szymoniak

  SSB 2152

  STATE GOVERNMENT:  Deluhery, Chair; King and Lundby

  SSB 2153

  WAYS AND MEANS:  Douglas, Chair; Hedge and Judge

  SSB 2154

  JUDICIARY:  McKean, Chair; Fraise and Maddox
  SSB 2155

  JUDICIARY:  Angelo, Chair; Halvorson and Maddox

  SSB 2156

  JUDICIARY:  Angelo, Chair; Halvorson and Maddox

  SSB 2161

  STATE GOVERNMENT:  Drake, Chair; Kibbie and Lundby

  SSB 2162

  STATE GOVERNMENT:  Rittmer, Chair; Harper and Rife

  SSB 2163

  JUDICIARY:  McKean, Chair; Fraise and Maddox

  SSB 2165

  JUDICIARY:  McKean, Chair; Halvorson and Redfern

  SSB 2166

  JUDICIARY:  Hammond, Chair; Maddox and McKibben

  SSB 2167

  TRANSPORTATION:  McKibben, Chair; Drake and Fraise

  SSB 2168

  STATE GOVERNMENT:  Rife, Chair; Deluhery and Rittmer

  SSB 2170

  STATE GOVERNMENTF:  Borlaug, Chair; Harper and King

  SSB 2171

  STATE GOVERNMENT:  Lundby, Chair; Harper and Tinsman

  SSB 2172

  STATE GOVERNMENT:  Lundby, Chair; Harper and Tinsman

  House File 2146

  STATE GOVERNMENT:  Fink, Chair; Harper and Rife
  House File 2210

  APPROPRIATIONS:  Dvorsky, Chair; Behn and Douglas

  HCR 105

  STATE GOVERNMENT:  Fink, Chair; Harper and Rife

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action:  SENATE FILE 2088, a bill for an act supporting drainage
  districts, by extending the period when certain contracts must be let, and
  providing an
  effective date.

  Recommendation:  DO PASS.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 2273 (SSB 2033), a bill for an act
  providing
  requirements for persons receiving a permit for the construction of a
  confinement
  feeding operation by excusing payment of fees for certain persons, providing
  an
  amnesty period, transferring provisions, providing for delinquency
  penalties, and
  providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

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

  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 Agriculture Committee on Senate File 2273, and
  they
  were attached to the committee report.

  JUDICIARY

  Final Bill Action:  *SENATE FILE 2274 (SSB 2079), a bill for an act relating
  to
  certain funds paid to or administered by the department of corrections, by
  making
  changes to procedures for the charging of payments for goods and services of
  Iowa
  prison industries, providing for the nonreversion of revolving farm fund
  balance
  investment proceeds, and making changes relating to the distribution and
  accounting
  for inmate earnings from private employers.
  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, Harper, McKibben, and Tinsman.  Nays, none.
  Absent
  or not voting, 3:  Fraise, King, and Redfern.

  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 2274, and
  they
  were attached to the committee report.

  ALSO:

  Final Bill Action:  HOUSE FILE 2162, a bill for an act relating to
  nonsubstantive
  Code corrections and including a retroactive applicability provision.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 13:  McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Fraise,
  Halvorson, Hammond, Hansen, Harper, King, and Tinsman.  Nays, none.  Absent
  or
  not voting, 2:  McKibben and Redfern.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 2037, a bill for an act relating to the Iowa
  state fair
  convention by providing for its membership and the election of members to
  the Iowa
  state fair board.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5051.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  SENATE FILE 2109, a bill for an act relating to mobile
  home
  dealers.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-5049.

  Final Vote:  Ayes, 13:  Drake, Borlaug, McCoy, Connolly, Douglas, Fraise,
  Freeman,
  Gettings, Halvorson, Jensen, McKean, McKibben, and Rittmer.  Nays, none.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action:  HOUSE FILE 2119, a bill for an act providing for the
  creation of
  an Iowa educational savings plan trust, addressing tax aspects, and
  containing
  applicability provisions.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak, and
  Vilsack.
  Nays, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  BILLS SIGNED BY GOVERNOR

  Communications were received announcing that on February 19,
  1998, the Governor approved and transmitted to the Secretary of
  State the following bills:

  SENATE FILE 2081 - Regulating implements of husbandry.

  SENATE FILE 2082 - Regulating anhydrous ammonia by prohibiting tampering
  with related equipment and the unauthorized possession and transportation of
  containers and receptacles used to store anhydrous ammonia, providing
  enhanced
  penalties, and providing an effective date.

  SENATE FILE 2094 - Relating to the establishment of the state percent of
  growth
  for purposes of the state school foundation program, and providing an
  applicability
  date.

  AMENDMENTS FILED

  S-5049		S.F. 2109	Transportation
  S-5050		S.F. 2267	Richard F. Drake
  S-5051		S.F. 2037	State Government

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:17 a.m.,
  until 1:00 p.m., Monday, February 23, 1998.
  372	JOURNAL OF THE SENATE	39th Day
  39th Day	THURSDAY, FEBRUARY 19, 1998	373

© 1998 Cornell College and League of Women Voters of Iowa

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