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FORTY-FIFTH CALENDAR DAY TWENTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 25, 1998 The Senate met in regular session at 9:13 a.m., President Kramer presiding. Prayer was offered by Father Peter Cade, pastor of the Saint George Greek Orthodox Church, Des Moines, Iowa. The Journal of Tuesday, February 24, 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 24, 1998 adopted the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 2004, a joint resolution designating by name an official highest elevation in the State of Iowa. Read first time and referred to the committee on State Government ALSO: That the House has on February 24, 1998, passed the following bill in which the concurrence of the House was asked: Senate File 2075, a bill for an act relating to the creation of a dental hygiene committee within the board of dental examiners. INTRODUCTION OF BILLS Senate File 2324, by committee on Agriculture, a bill for an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices. Read first time and placed on calendar. Senate File 2325, by committee on Commerce, a bill for an act 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. Read first time and placed on calendar. Senate File 2326, by Deluhery, a bill for an act relating to intrastate pipelines, interstate natural gas pipelines and hazardous liquid pipelines, and agricultural land restoration, making penalties applicable, and providing an effective date. Read first time and referred to committee on Commerce. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 2323 be referred from the Regular Calendar to the committee on Appropriations. MOTION TO RECONSIDER WITHDRAWN Senator Iverson withdrew the motion to reconsider House File 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date, filed by him on February 18, 1998, and found on page 352 of the Senate Journal. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that House File 299 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:24 a.m., until 3:00 p.m. APPENDIX CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Brynn Bateman, Sidney - For winning 4th Place Individual Honors and 2nd Place Team Honors in MATHCOUNTS. Senator McLaren (2/21/98). John Becker, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (2/24/98). Eric Behnke, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (2/24/98). Steven Dibelka, Sidney - For winning 2nd Place Team Honors in MATHCOUNTS. Senator McLaren (2/24/98). Erin Fichter, Sidney - For winning 2nd Place Team Honors in MATHCOUNTS. Senator McLaren (2/24/98). Nick Glab, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (2/24/98). Darrin Gregory, Sidney - For winning 2nd Place Team Honors in MATHCOUNTS. Senator McLaren (2/24/98). Troy Henke, Winterset - For achieving the rank of Eagle Scout. Senator Douglas (2/24/98). Randall Meyer, Sidney - For winning 2nd Place Team Honors in MATHCOUNTS. Senator McLaren (2/24/98). Jessica Moser, Guttenberg - For winning 1st Place in the 1998 Write Women Back Into History Essay Contest. Senator Zieman (3/3/98). Amanda Pierce, Sidney - For winning 1st Place Individual Honors and 2nd Place Team Honors in MATHCOUNTS. Senator McLaren (2/21/98). Steven A. Reben, Des Moines - For achieving the rank of Eagle Scout. Senator McCoy (2/24/98). Elmer Vermeer, Sioux Center - For receiving a Volunteer Hall of Fame Award from the Governor's Office on Volunteerism. Senator Rensink (2/24/98). REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 24, 1998, 12:16 p.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; Kibbie and McLaren. Members Absent: None. Committee Business: Presentation by LFB. Adjourned: 12:58 p.m. APPROPRIATIONS Convened: February 24, 1998, 1:08 p.m. Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, Black, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, and Vilsack. Members Absent: Kramer, Vice Chair; and Tinsman (both excused). Committee Business: Passed HF 2210. Adjourned: 1:20 p.m. EDUCATION Convened: February 24, 1998, 4:13 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Members Absent: None. Committee Business: Bill assignments. Substituted SSB 2196 for SSB 2151. Approved SSB 2196. Adjourned: 6:03 p.m. HUMAN RESOURCES Convened: February 24, 1998, 3:10 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Members Absent: None. Committee Business: Passed SF 2169 and SF 2177. Approved SSB 2125, SSB 2147, and SSB 2149. Adjourned: 3:58 p.m. JUDICIARY Convened: February 24, 1998, 2:05 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Members Absent: None. Committee Business: Bill assignments. Passed SF 2171 and SF 2241. Approved SSB 2154, SSB 2155, SSB 2156, SSB 2163, and SSB 2166. Adjourned: 2:45 p.m. SUBCOMMITTEE ASSIGNMENTS Senate File 2277 (Reassigned) NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Dearden and Iverson Senate File 2303 WAYS AND MEANS: McKibben, Chair; Connolly and Redfern Senate File 2314 COMMERCE: Jensen, Chair; Hansen and Lundby Senate File 2318 APPROPRIATIONS: Maddox, Chair; Freeman and Halvorson Senate File 2322 BUSINESS AND LABOR RELATIONS: Horn, Chair; Behn and Jensen Senate File 2323 APPROPRIATIONS: Kramer, Chair; Horn and Rehberg Senate File 2326 COMMERCE: Jensen, Chair; Deluhery and Lundby SSB 2192 APPROPRIATIONS: Freeman, Chair; Halvorson and McLaren SSB 2196 EDUCATION: Redfern, Chair; Angelo, Connolly, Neuhauser, and Rensink SSB 2197 EDUCATION: Rehberg, Chair; Connolly and Gaskill SSB 2198 JUDICIARY: McKean, Chair; McKibben, and Neuhauser SSB 2199 HUMAN RESOURCES: Boettger, Chair; Hammond, Redwine, Szymoniak, and Tinsman SSB 2202 WAYS AND MEANS: Maddox, Chair; McLaren and Palmer SSB 2203 APPROPRIATIONS: Behn, Chair; Neuhauser and Tinsman COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 2324 (SSB 2145), a bill for an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, McLaren, Rehberg, Rife, and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: SENATE FILE 2325 (SSB 2142), a bill for an act 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Redfern, and Rife. Nays, none. Absent or not voting, 2: Bartz and Palmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: *SENATE FILE 2328 (SF 2145), a bill for an act specifying that physicians practicing obstetrics and gynecology are to be included as eligible participants in the volunteer health care provider program. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Boettger, Redwine, Szymoniak, Behn, Dearden, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. Absent or not voting, 2: Bartz and Dvorsky. 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 Human Resources Committee on Senate File 2328, and they were attached to the committee report. AMENDMENT FILED S-5061 S.F. 2316 Tom Flynn AFTERNOON SESSION The Senate reconvened at 3:13 p.m., Senator Hedge presiding. QUORUM CALL Senator Douglas requested a non record roll call to determine that a quorum was present. The vote revealed 38 present, 12 absent and a quorum present. 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 25, 1998, passed the following bill in which the concurrence of the Senate is asked: House File 2282, a bill for an act authorizing the imposition of a local option sales and services tax and use of certain federal funds for school infrastructure projects and the issuance of bonds, and providing an effective date. Read first time and referred to the committee on Ways and Means. INTRODUCTION OF BILLS Senate File 2327, by Dvorsky, a bill for an act relating to the scheduled fine for operators of motor vehicles who fail to obey warning signals on school buses. Read first time and referred to committee on Judiciary. Senate File 2328, by committee on Human Resources, a bill for an act specifying that dentists and physicians practicing obstetrics and gynecology are to be included as eligible participants in the volunteer health care provider program. Read first time and placed on calendar. Senate File 2329, by committee on Judiciary, a bill for an act expanding the compensation available from the crime victim compensation program to victims of crime and their families. Read first time and placed on calendar. Senate File 2330, by committee on Judiciary, a bill for an act relating to the filing of civil litigation by prisoners and providing an effective date. Read first time and placed on calendar. Senate File 2331, by committee on Judiciary, a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services. Read first time and placed on calendar. Senate File 2332, by committee on Agriculture, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. Read first time and placed on calendar. Senate File 2333, by committee on Human Resources, a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss. Read first time and placed on calendar. Senate File 2334, by committee on Agriculture, a bill for an act relating to agriculture by providing programs to assist persons involved in value-added processing. Read first time and placed on calendar. Senate File 2335, by committee on Judiciary, 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 and placed on calendar. Senate File 2336, by committee on Judiciary, 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 and placed on calendar. Senate File 2337, by committee on Judiciary, a bill for an act to allow distribution of the presentence investigation report under certain circumstances. Read first time and placed on calendar. Senate File 2338, by committee on Human Resources, a bill for an act relating to the entities responsible for assisting in international adoptions. Read first time and placed on calendar. Senate File 2339, by committee on Judiciary , a bill for an act relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint. Read first time and placed on calendar. President Kramer took the chair at 3:24 p.m. APPENDIX 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 24, 1998: SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Dr. Pamela R. Sessions - Iowa Economic Development Board REPORTS OF COMMITTEE MEETINGS HUMAN RESOURCES Convened: February 23, 1998, 3:12 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Behn, Dearden, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Members Absent: Bartz and Dvorsky (excused). Committee Business: Passed SF 2066, SF 2145, SF 2155, SF 2186, and SF 2261. Approved SSB 2096 and SSB 2130. Adjourned: 4:00 p.m. AGRICULTURE Convened: February 25, 1998, 8:05 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Black, Fraise, Hedge, Kibbie, Rife, and Vilsack. Members Absent: Gettings, McLaren, and Rehberg (all excused). Committee Business: Approved SSB 2157 and SSB 2177. Adjourned: 8:55 a.m. EDUCATION Convened: February 25, 1998, 9;45 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Members Absent: None. Committee Business: Subcommittee assignments. Passed SF 2039. Adjourned: 10:25 a.m. HUMAN RESOURCES Convened: February 25, 1998, 10:40 a.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Members Absent: None. Committee Business: Passed SF 2210. Approved SSB 2189, SSB 2190, SSB 2194, and SSB 2199. Adjourned: 11:30 a.m. STATE GOVERNMENT Convened: February 25, 1998, 2:25 p.m. Members Present: Rittmer, Chair; Borlaug, Vice Chair; Kibbie, Ranking Member; Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Members Absent: None. Committee Business: Passed SF 2124, SF 2130, and SF 2151. Approved SSB 2103, SSB 2152, and SSB 2175. Adjourned: 3:10 p.m. WAYS AND MEANS Convened: February 25, 1998, 11:40 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, Redfern, Szymoniak, and Vilsack. Members Absent: McLaren (excused). Committee Business: Passed SF 355 and SF 2237. Approved SSB 2081 and SSB 2082. Adjourned: 12:15 p.m. INTRODUCTION OF BILLS Senate File 2340, by committee on Agriculture, a bill for an act relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council. Read first time and under Rule 28 and placed on calendar. Senate File 2341, by committee on Human Resources, 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 under Rule 28 and placed on calendar. Senate File 2342, by committee on Human Resources, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Read first time and under Rule 28 and placed on calendar. Senate File 2343, by committee on Human Resources, a bill for an act relating to the supervision of licensed physical therapist assistants. Read first time and under Rule 28 and placed on calendar. Senate File 2344, by committee on Natural Resources and Environment, a bill for an act relating to surface water and groundwater monitoring and making an appropriation. Read first time and under Rule 28 and placed on calendar. Senate File 2345, by committee on Human Resources, a bill for an act relating to juvenile justice system provisions involving foster care, termination of parental rights, and adoption preplacement investigations. Read first time and under Rule 28 and placed on calendar. Senate File 2346, by committee on Education, a bill for an act relating to the process by which a school district may terminate a teacher's continuing contract. Read first time and under Rule 28 and placed on calendar. Senate File 2347, by committee on Education, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Read first time and under Rule 28 and placed on calendar. Senate File 2348, by committee on Education, a bill for an act relating to the locations at which shared public school services may be made available to nonpublic school students. Read first time and under Rule 28 and placed on calendar. STUDY BILLS RECEIVED SSB 2195 State Government Requiring by statute a three-fifths majority vote for passage of legislation increasing sales or use tax or individual or corporate income tax rates. SSB 2196 Education Relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and providing for applicability. SSB 2197 Education Relating to the locations at which shared public school services may be made available to nonpublic school students. SSB 2198 Judiciary Relating to families including domestic relations provisions and parenting obligations. SSB 2199 Human Resources Establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. SSB 2200 Education Establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. SSB 2201 Education Relating to an allocation of state aid for purposes of school-based youth services programs. SSB 2202 Ways & Means Relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties. SSB 2203 Appropriations Relating to filing fees, by providing for fees charged by county recorders, and eliminating a surcharge fee. SSB 2204 State Government Relating to annual reports, audits, conflict of interests policies, and board of directors composition of nonprofit corporations created by or in association with the Iowa finance authority, the composition of the board of directors of the Iowa housing corporation, and providing an effective date. SSB 2205 Judiciary Relating to the mandatory minimum term of incarceration for felony domestic abuse assault. SUBCOMMITTEE ASSIGNMENTS Senate File 2272 LOCAL GOVERNMENT: Behn, Chair; Boettger and Hansen Senate File 2304 STATE GOVERNMENT: Rife, Chair; McLaren and Szymoniak SSB 2195 STATE GOVERNMENT: King, Chair; Halvorson and Rittmer SSB 2200 EDUCATION: Boettger, Chair; Kibbie, Kramer, Neuhauser, Redwine, Szymoniak, and Tinsman SSB 2201 EDUCATION: Tinsman, Chair; Rehberg and Szymoniak SSB 2204 STATE GOVERNMENT: Borlaug, Chair; Harper and King SSB 2205 JUDICIARY: Angelo, Chair; Halvorson and Redfern House File 2211 LOCAL GOVERNMENT: Bartz, Chair; Behn and Fraise House File 2246 LOCAL GOVERNMENT: McKean, Chair; Black and Schuerer House Joint Resolution 2004 STATE GOVERNMENT: Drake, Chair; Fink and King COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE FILE 2332 (SSB 2137), a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, McLaren, Rehberg, Rife, and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2334 (SSB 2136), a bill for an act relating to agriculture by providing programs to assist persons involved in value-added processing. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, McLaren, Rehberg, Rife, and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2340 (SSB 2132), a bill for an act relating to the Iowa egg council and to an assessment on the sale of eggs for support of the council. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, McLaren, Rehberg, Rife, and Vilsack. Nays, none. 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 2340, and they were attached to the committee report. EDUCATION Final Bill Action: SENATE FILE 2346 (SF 2039), a bill for an act relating to the process by which a school district may terminate a teacher's continuing contract. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redfern, Rehberg, Angelo, Boettger, Gaskill, Kibbie, Kramer, Redwine, Rensink, Szymoniak, and Tinsman. Nays, 4: Connolly, Dvorsky, Fink, Neuhauser. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2347 (SSB 2200), a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, and Tinsman. Nays, none. Absent or not voting, 1: Szymoniak. 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 2347, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2348 (SSB 2197), a bill for an act relating to the locations at which shared public school services may be made available to nonpublic school students. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, and Tinsman. Nays, none. Absent or not voting, 1: Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: SENATE FILE 2210, 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2333 (SSB 2149), a bill for an act relating to occupational hearing loss recovery, providing definitions, and providing for the apportionment and measurement of hearing loss. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Boettger, Redwine, Szymoniak, Bartz, Behn, Iverson, Rensink, Schuerer, and Tinsman. Nays, 4: Dearden, Dvorsky, Hammond, and Harper. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2338 (SSB 2147), a bill for an act relating to the entities responsible for assisting in international adoptions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2341 (SF 2177), a bill for an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. 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 Human Resources Committee on Senate File 2341, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 2342 (SSB 2199), a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2343 (SSB 2194), a bill for an act relating to the supervision of licensed physical therapist assistants. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2345 (SSB 2125), a bill for an act relating to juvenile justice system provisions involving foster care, termination of parental rights, and adoption preplacement investigations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Iverson, Rensink, Schuerer, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: SENATE FILE 2329 (SSB 2166), a bill for an act expanding the compensation available from the crime victim compensation program to victims of crime and their families. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2330 (SSB 2154), a bill for an act relating to the filing of civil litigation by prisoners and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Pass, 1: Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2331 (SSB 2155), a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, and Tinsman. Nays, none. Absent or not voting, 1: Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2335 (SF 2171), 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2336 (SF 2241), 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: McKean, Neuhauser, Angelo, Boettger, Drake, Halvorson, Hammond, Hansen, Harper, King, and McKibben. Nays, none. Absent or not voting, 4: Maddox, Fraise, Redfern, and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2337 (SSB 2156), a bill for an act to allow distribution of the presentence investigation report under certain circumstances. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, and Tinsman. Nays, none. Absent or not voting, 1: Redfern. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 2339 (SSB 2163), a bill for an act relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, McKibben, Redfern, and Tinsman. Nays, none. 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 2339, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: *SENATE FILE 2344 (SF 2207), a bill for an act relating to surface water and groundwater monitoring and making an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Bartz, Angelo, Fink, Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Gaskill, Hedge, Judge, and Rehberg. Nays, none. Absent or not voting, 2: Iverson and McKibben. Fiscal Note: 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 2344, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 2124, a bill for an act concerning assistive devices by providing for express warranties, replacement of assistive devices, and providing consumer remedies. Recommendation: DO PASS. Final Vote: Ayes, 15: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2130, a bill for an act authorizing the issuance of revenue bonds by county fairs and the levy of a property tax for repayment security. Recommendation: DO PASS. Final Vote: Ayes, 15: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McKibben, McLaren, Rife, Szymoniak, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2151, a bill for an act relating to political party county convention delegates and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, King, Lundby, McKibben, Rife, Szymoniak, and Tinsman. Nays, 2: Halvorson and Harper. Absent or not voting, 1: McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 2153, a bill for an act relating to affidavits of candidacy filed by candidates for public office. Recommendation: DO PASS. Final Vote: Ayes, 11: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Szymoniak, and Tinsman. Nays, none. Absent or not voting, 4: Lundby, McKibben, McLaren, and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 3:26 p.m., until 9:00 a.m., Thursday, February 26, 1998. 436 JOURNAL OF THE SENATE 45th Day 45th Day WEDNESDAY, FEBRUARY 25, 1998 437
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