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SIXTY-SEVENTH CALENDAR DAY FORTIETH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, March 19, 1998 The Senate met in regular session at 9:09 a.m., President Kramer presiding. Prayer was offered by Marilyn Rensink, Senate Secretary and wife of the Honorable Wilmer Rensink, of Sioux County, Sioux Center, Iowa. The Journal of Wednesday, March 18, 1998, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dvorsky for the day, on request of Senator Gronstal. SPECIAL GUESTS Senator Szymoniak introduced the following members of the Moldova Business Group who were present on the Senate floor: Victor Domenti, Vitalie Moiseenco, Victor Axentiuc, Aliona Voronov, and Valeriu Chilioglo. BILLS PLACED ON UNFINISHED BUSINESS CALENDAR Senator Iverson asked and received unanimous consent that the following bills be removed from the Regular Calendar and placed on the Unfinished Business Calendar: Senate Files 540, 2005, 2328, 2351, 2389, and Senate Concurrent Resolution 109. Senator Iverson asked and received unanimous consent that the following bills be removed from the Ways and Means Calendar and placed on the Unfinished Business Calendar: Senate Files 2357, 2360, 2365, and 2407. Senator Iverson asked and received unanimous consent that the following bill be removed from the Appropriations Calendar and placed on the Unfinished Business Calendar: Senate File 2280. RECESS On motion of Senator Iverson, the Senate recessed at 9:32 a.m., until 3:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: March 19, 1998, 8:08 a.m. Members Present: Rensink, Chair; Gaskill, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Vilsack, and Zieman. Members Absent: Rife (excused). Committee Business: Passed HF 2382 and HF 2494. Adjourned: 9:05 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: March 19, 1998, 9:40 a.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: Passed HF 2168 and HF 2435. Adjourned: 9:55 a.m. SUBCOMMITTEE ASSIGNMENTS Senate File 2358 WAYS AND MEANS: McKibben, Chair; Drake and Szymoniak Senate File 2401 WAYS AND MEANS: Freeman, Chair; Borlaug and Szymoniak House File 2175 LOCAL GOVERNMENT: Behn, Chair; Black and Redwine House File 2281 LOCAL GOVERNMENT: Angelo, Chair; Behn and Black COMMITTEE REPORTS EDUCATION Final Bill Action: HOUSE FILE 2269, a bill for an act relating to permissible physical contact between school employees and students. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5286. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2272, a bill for an act requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5287. Final Vote: Ayes, 15: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak, and Tinsman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: HOUSE FILE 2275, a bill for an act relating to health care providers including the application of records checks to additional providers and the recording and availability of the records of the facility inspections and providing for a repeal. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5284. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden, Dvorsky, Hammond, Harper, Rensink, Schuerer, Tinsman, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Final Bill Action: HOUSE FILE 2168, a bill for an act relating to the sale of stock or ownership interest of any corporation formed under the Iowa business development finance Act. Recommendation: DO PASS. Final Vote: Ayes, 13: Lundby, Rittmer, Hansen, Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2435, a bill for an act relating to the entrepreneurs with disabilities program. Recommendation: DO PASS. Final Vote: Ayes, 13: Lundby, Rittmer, Hansen, Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Rensink, and Schuerer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE FILE 2271, a bill for an act relating to obsolete and unnecessary provisions of the Code. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5285. 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. WAYS AND MEANS Final Bill Action: *SENATE FILE 2409 (SF 224), a bill for an act relating to a sales tax exemption for certain aircraft and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, and Redfern. Nays, 1: Szymoniak. Absent or not voting, 2: McLaren and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Ways and Means Committee on Senate File 2409, and they were attached to the committee report. AMENDMENTS FILED S-5284 H.F. 2275 Human Resources S-5285 H.F. 2271 State Government S-5286 H.F. 2269 Education S-5287 H.F. 2272 Education RECONVENED The Senate reconvened at 1:03 p.m., President Kramer presiding. 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 March 19, 1998, passed the following bills in which the concurrence of the Senate is asked: House File 2286, a bill for an act creating the new criminal offense of disarming a peace officer. Read first time and referred to committee on Judiciary. House File 2495, a bill for an act relating to the conduct of elections in the state. Read first time and referred to committee on State Government. INTRODUCTION OF BILL Senate File 2409, by committee on Ways and Means, a bill for an act relating to a sales tax exemption for certain aircraft and providing an effective date. Read first time and placed on calendar. RECESS On motion of Senator Iverson, the Senate recessed at 1:05 p.m., until 3:00 p.m. AFTERNOON SESSION The Senate reconvened at 3:56 p.m., President Kramer presiding. BILLS PLACED ON UNFINISHED BUSINESS CALENDAR Senator Iverson asked and received unanimous consent that Senate Files 2408 and 2409 be referred from the Ways and Means Calendar to the Unfinished Business Calendar. APPENDIX BILLS SIGNED BY THE GOVERNOR A communication was received announcing that on March 19, 1998, the Governor approved and transmitted to the Secretary of State the following bills: S.F. 2279 - Relating to authorized investments by insurance companies in obligations of foreign governments and foreign corporations. S.F. 2285 - Relating to anatomical gifts by modifying certain qualification requirements for hospital reimbursement grants and requiring submission of an annual donation and compliance report. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Ryan James Daack, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (3/19/98). Josh Henry, Dubuque - For achieving the rank of Eagle Scout. Senator Connolly (3/19/98). Nancy Rudnick, Bettendorf - For being installed as Governor of the Midwest district of Pilot International. Senator Tinsman (4/18/98). Lady Spartans, Solon - For becoming Class 2A Champions of the 1998 Iowa Girls State Basketball Tournament. Senator Dvorsky (3/18/98). REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: March 19, 1998, 11:43 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: Amended and passed HF 334. Adjourned: 12:30 p.m. JUDICIARY Convened: March 19, 1998, 2:30 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 assignment. Passed HF 677, HF 2337, HF 2369, HF 2456, HF 2471, HF 2478, and HF 2480. Amended and passed HF 667 and HF 2163. Adjourned: 3:40 p.m. LOCAL GOVERNMENT Convened: March 19, 1998, 1:05 p.m. Members Present: Behn, Chair; Boettger, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Zieman. Members Absent: None. Committee Business: Passed HF 2005, HF 2175, and HF 2281. Amended and passed HF 2472. Adjourned: 1:35 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 19, 1998, 9:40 a.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; Black, Borlaug, Dearden, Deluhery, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Members Absent: Dvorsky (excused). Committee Business: Passed HF 681. Adjourned: 11:25 a.m. STATE GOVERNMENT Convened: March 19, 1998, 1:21 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 HF 2495, HF 2496, and HF 2516. Adjourned: 2:20 p.m. SUBCOMMITTEE ASSIGNMENTS House File 2495 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby House File 2516 STATE GOVERNMENT: Tinsman, Chair; Lundby and Szymoniak COMMITTEE REPORTS AGRICULTURE Final Bill Action: HOUSE FILE 2382, a bill for an act relating to the identification of animals and providing penalties. Recommendation: DO PASS. Final Vote: Ayes, 14: Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Vilsack, and Zieman. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 13: Rensink, Gaskill, Judge, Angelo, Bartz, Behn, Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, and Zieman. Nays, none. Pass, 1: Vilsack. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BUSINESS AND LABOR RELATIONS Final Bill Action: HOUSE FILE 2443, a bill for an act relating to state workers' compensation coverage for students at a community college participating in school-to- work programs. Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, Dearden, Behn, Freeman, Gettings, Horn, Jensen, Palmer, Schuerer, and Zieman. Nays, none. Absent or not voting, 1: King. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2465, a bill for an act relating to workers' compensation by changing the name of the division and personnel responsible, providing for the commencement of compensation during a healing period, and providing for reporting requirements. Recommendation: DO PASS. Final Vote: Ayes, 10: Rife, Dearden, Behn, Freeman, Gettings, Horn, Jensen, Palmer, Schuerer, and Zieman. Nays, none. Absent or not voting, 1: King. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: HOUSE FILE 334, a bill for an act relating to certain franchise agreements by establishing a duty of good faith, providing for alternative dispute resolution, providing for venue and choice of law, and repealing existing franchise provisions. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5289. Final Vote: Ayes, 9: Jensen, Schuerer, Deluhery, Bartz, Douglas, Hansen, King, Maddox, and Redfern. Nays, 5: Flynn, Gronstal, Lundby, McCoy, and Palmer. Pass, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: HOUSE FILE 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5293. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 677, a bill for an act relating to child custody and visitation including the consideration of parent's criminal history in the awarding of visitation rights and including an exception from mandatory participation in a course by parties to an action involving child custody or visitation. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2163, a bill for an act relating to the reopening of an administrative hearing pertaining to a license revocation for an operating while intoxicated offense, prohibiting a demand for proof of financial responsibility following the recision of an administrative revocation, and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5292. Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, 1: Halvorson. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2337, a bill for an act concerning the method for imposition of the drug abuse resistance education surcharge. 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. ALSO: Final Bill Action: HOUSE FILE 2369, a bill for an act relating to the human immunodeficiency virus including the testing of an alleged offender for the human immunodeficiency virus, the intentional transmission of the human immunodeficiency virus, making penalties applicable, establishing penalties, and providing for an affirmative defense. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2456, a bill for an act changing the designation of the judiciary in the Code from the judicial department to the judicial branch. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2471, a bill for an act concerning the number of supreme court justices and court of appeals judges, and including a contingent effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2478, a bill for an act relating to confidentiality in the mediation process. Recommendation: DO PASS. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, Harper, King, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2480, a bill for an act to repeal the future repeal of the interception of communications chapter. 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. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 2005, a bill for an act relating to the voter approval of annexation and severance of territory to or from a city and providing effective date and applicability provisions. Recommendation: DO PASS. Final Vote: Ayes, 8: Behn, Boettger, Fraise, Angelo, Bartz, Black, McKean, and Zieman. Nays, 5: Connolly, Dearden, Gaskill, Hansen, and Redwine. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2175, a bill for an act relating to the creation of, and annexation of property to, a sanitary sewer district. Recommendation: DO PASS. Final Vote: Ayes, 13: Behn, Boettger, Fraise, Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2281, a bill for an act providing for the mandatory recording of certain residential real estate installment sales contracts, providing a penalty, and providing for the Act's applicability. Recommendation: DO PASS. Final Vote: Ayes, 13: Behn, Boettger, Fraise, Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2472, a bill for an act relating to fines imposed for violations of city or county ordinances or city or county infractions and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5291. Final Vote: Ayes, 13: Behn, Boettger, Fraise, Angelo, Bartz, Black, Connolly, Dearden, Gaskill, Hansen, McKean, Redwine, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 681, a bill for an act creating an environmental audit privilege and immunity, and an environmental auditor training program, and providing penalties. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5288. Final Vote: Ayes, 11: Bartz, Angelo, Black, Borlaug, Freeman, Gaskill, Hedge, Judge, McKibben, Rehberg, and Zieman. Nays, 3: Fink, Dearden, and Deluhery. Absent or not voting, 1: Dvorsky. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE FILE 2495, a bill for an act relating to the conduct of elections in the state. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 11: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Harper, King, Lundby, McLaren, Rife, and Tinsman. Nays, 2: Fink and Halvorson. Absent or not voting, 2: McKibben and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 13: Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McLaren, Rife, and Tinsman. Nays, none. Absent or not voting, 2: McKibben and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 2516, a bill for an act providing for mandatory licensure for marital and family therapists and mental health counselors, establishing transition provisions, removing frequency requirements regarding board of behavioral science examiners' meetings, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, Rittmer, Borlaug, Kibbie, Deluhery, Drake, Fink, Halvorson, Harper, King, Lundby, McLaren, and Tinsman. Nays, 1: Rife. Absent or not voting, 2: McKibben and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-5288 H.F. 681 Natural Resources and Environment S-5289 H.F. 334 Commerce S-5290 H.F. 2527 Johnie Hammond S-5291 H.F. 2472 Local Government S-5292 H.F. 2163 Judiciary S-5293 H.F. 667 Judiciary ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:58 p.m., until 1:00 p.m., Monday, March 23, 1998. 796 JOURNAL OF THE SENATE 67th Day 67th Day THURSDAY, MARCH 19, 1998 797
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