Senate Journal: Tuesday, January 26, 1999

  SIXTEENTH CALENDAR DAY
  TENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, January 26, 1999

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by Gary Rosberg, head of Cross Trainers
  Ministries, West Des Moines, Iowa.

  The Journal of Monday, January 25, 1999, was approved.

  INTRODUCTION OF BILLS

  Senate File 46, by Fraise, a bill for an act relating to the conduct
  of meetings of a compensation commission under the eminent domain
  law.

  Read first time and referred to committee on State Government.

  Senate File 47, by committee on Commerce, a bill for an act
  relating to the classification of funding agreements issued by a life
  insurance company for purposes of the prioritization of claims against
  the assets of an insurer subject to supervision, rehabilitation, and
  liquidation, and including an effective date and a retroactive
  applicability provision.

  Read first time and placed on calendar.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:08 a.m.,
  until 1:00 p.m.
  AFTERNOON SESSION

  The Senate reconvened at 1:20 p.m., President Kramer presiding.

  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 January 25, 1999, adopted the following resolution in which the
  concurrence of the Senate is asked:

  House Concurrent Resolution 6, a concurrent resolution
  relating to a joint convention on Thursday, January 28, 1999, at
  10:00 a.m. for Governor Vilsack to present his State of the Budget
  Message.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House Concurrent Resolution 6.

  House Concurrent Resolution 6

  On motion of Senator Iverson, House Concurrent Resolution 6, a
  concurrent resolution relating to a joint convention on Thursday,
  January 28, 1999, at 10:00 a.m., for Governor Vilsack to present his
  State of the Budget Message, was taken up for consideration.

  Senator Iverson moved adoption of House Concurrent Resolution 6,
  which motion prevailed by a voice vote and the resolution was
  adopted.

  INTRODUCTION OF RESOLUTIONS

  Senate Resolution 1, by committee on Rules and
  Administration, a senate resolution relating to permanent rules of
  the senate for the seventy-eighth general assembly.

  Read first time and placed on calendar.
  Senate Concurrent Resolution 1, by Fink, a concurrent
  resolution encouraging the federal government to ease restrictions on
  the immediate removal from the classroom of students behaving
  violently or disruptively and requesting an appropriation increase to
  assist in establishing alternative education programs.

  Read first time and referred to committee on Education.

  Senate Concurrent Resolution 2, by committee on Rules and
  Administration, a concurrent resolution relating to the compensation
  of chaplains, officers and employees of the seventy-eighth general
  assembly.

  Read first time and placed on calendar.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Concurrent Resolution 6, be immediately messaged to the
  House.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  January 25, 1999, 3:32 p.m.

  Members Present:  Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking
  Member;
  Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, McCoy, Redfern,
  Redwine, and Schuerer.

  Members Absent:  Lundby (excused).

  Committee Business:  Approved SSB 1015.

  Adjourned:  4:10 p.m.

  HUMAN RESOURCES

  Convened:  January 25, 1999, 2:58 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice chair; Szymoniak, Ranking
  Member, Bartz, Behn, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman,
  and
  Veenstra.

  Members Absent:  Horn (excused).

  Committee Business:  Discussion on Empowerment Areas and propositions.

  Adjourned:  3:30 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  January 26, 1999, 9:40 a.m.

  Members Present:  Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member;
  Flynn and Sexton.

  Members Absent:  None.

  Committee Business:  Presentations by the Iowa Department of Inspections and
  Appeals, DOM, and IDPH.

  Adjourned:  11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  January 26, 1999, 9:36 a.m.
  Members Present:  Behn, Chair; Hedge, Vice Chair; Fink and Gaskill.

  Members Absent:  Black, Ranking Member (excused).

  Committee Business:  Presentation by ISU on fin pak.  Presentation by the
  Iowa
  Concern Manager regarding the Iowa Concern Hotline.

  Adjourned:  9:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  January 26, 1999, 9:40 a.m.

  Members Present:  Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member;
  Kibbie and McLaren.

  Members Absent:  None.

  Committee Business:  Presentations by Iowa's community colleges and the Iowa
  Department of Education.

  Adjourned:  11:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 26, 1999, 9:51 a.m.

  Members Present:  Rife, Chair; Zieman, Vice Chair; and Bolkcom, Ranking
  Member.

  Members Absent:  Dearden and McKibben (both excused).

  Committee Business:  Presentation by the Iowa Department for the Blind.

  Adjourned:  11:25 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: January 26, 1999, 9:35 a.m.

  Members Present:  Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking
  Member; Miller and Szymoniak.

  Members Absent:  None.

  Committee Business:  Empowerment panel discussion.

  Adjourned:  11:50 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  January 26, 1999, 9:37 a.m.
  Members Present:  Maddox, Chair; Angelo, Vice Chair; Fraise and McKean.

  Members Absent:  Dvorsky, Ranking Member.

  Committee Business:  Presentations by Parole Board and Iowa Law Enforcement
  Academy.

  Adjourned:  10:58 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  January 26, 1999, 9:40 a.m.

  Members Present:  King, Chair; Deluhery, Ranking Member; Harper and Rittmer.

  Members Absent:  Lundby, Vice Chair (excused).

  Committee Business:  Update on Hitachi progress audit on executive year 2000
  efforts; ICN feedback on Ultrapro evaluation; review of legislation related
  to ICN;
  review of historical ICN appropriations and related issues; review of
  historical ITS
  appropriations and Y2K related issues.

  Adjourned:  11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE AND CAPITALS

  Convened:  January 26, 1999, 9:40 a.m.

  Members Present:  Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking
  Member;
  Johnson and Shearer.

  Members Absent:  None.

  Committee Business:  Review of Infrastructure Fund and Projects and
  presentation
  on the Iowa Judicial Branch building.

  Adjourned:  11:10 a.m.

  AGRICULTURE

  Convened:  January 26, 1999, 8:02 a.m.

  Members Present:  Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking
  Member;
  Angelo, Bartz, Behn, Black, Hedge, Kibbie, Sexton, Shearer, Soukup, Judge,
  Veenstra,
  and Zieman.

  Members Absent:  None.

  Committee Business:  Presentation by the Iowa Cattlemen's Assn.
  Adjourned:  8:59 a.m.

  EDUCATION

  Convened:  January 26, 1999, 4:00 p.m.

  Members Present:  Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer,
  Szymoniak, Tinsman, and Veenstra.

  Members Absent:  None.

  Committee Business:  Approved SSB 1036 and SSB 1037.

  Adjourned:  4:14 p.m.

  LOCAL GOVERNMENT

  Convened:  January 26, 1999, 2:34 p.m.

  Members Present:  Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member;
  Fraise, Gaskill, Hammond, McKean, McKibben, Miller, Rife, Judge, and Zieman.

  Members Absent:  McCoy (excused).

  Committee Business:  Approved SSB 1005.

  Adjourned:  3:26 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  January 26, 1999, 1:35 p.m.

  Members Present:  Bartz, Chair; King, Vice Chair; Fink, Ranking Member;
  Black,
  Bolkcom, Dearden, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, Rehberg,
  and
  Rife.

  Members Absent:  Deluhery (excused).

  Committee Business:  Passed SF 23.  Presentation by state climatologist.

  Adjourned:  1:45 p.m.

  RULES AND ADMINISTRATION

  Convened:  January 26, 1999, 8:34 a.m.

  Members Present:  Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Harper, Jensen, Redfern, and Rittmer.

  Members Absent:  Dvorsky, Lundby, and Rehberg (all excused).
  Committee Business:  Passed HCR 5, SCR 2, and SR 1.

  Adjourned:  8:38 a.m.

  STATE GOVERNMENT

  Convened:  January 26, 1999, 2:35 p.m.

  Members Present:  Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking
  Member;
  Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren,
  Schuerer, and Szymoniak.

  Members Absent:  Sexton (excused).

  Committee Business:  Subcommittee assignments.  Passed SJR 2.

  Adjourned:  2:44 p.m.

  INTRODUCTION OF BILLS

  Senate Joint Resolution 4, by Zieman and Hedge, a joint
  resolution proposing an amendment to the Constitution of the State
  of Iowa to change the length of term of office for members of the Iowa
  House of Representatives.

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

  Senate Joint Resolution 5, by Zieman, Schuerer, King, Gaskill
  and Hedge, a joint resolution proposing an amendment to the
  Constitution of the State of Iowa to limit the years of service for
  members of the Senate and the House of Representatives, and to
  limit the years of service for Governor, Lieutenant Governor,
  Attorney General, Secretary of State, Auditor of State, and Treasurer
  of State.

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

  Senate File 48, by Zieman, King, Gaskill, Schuerer, and Hedge, a
  bill for an act limiting the number of terms and years of service a
  person may serve as Iowa secretary of agriculture and including
  applicability and effective date provisions.
  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 49, by committee on Education, a bill for an act
  relating to the establishment of the state percent of growth for
  purposes of the state school foundation program, and providing an
  applicability date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 50, by committee on Education, a bill for an act
  providing additional funding for certain school districts that have
  either decreasing or increasing enrollments by extending the regular
  program district cost guarantee and by providing on-time funding,
  making an appropriation, and providing effective and applicability
  dates.

  Read first time under Rule 28 and placed on calendar.

  Senate File 51, by committee on Natural Resources and
  Environment, a bill for an act authorizing a county conservation
  board to cooperate with private, not-for-profit organizations to carry
  out conservation and recreation programs.

  Read first time under Rule 28 and placed on calendar.

  CERTIFICATE OF RECOGNITION

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

  Daniel Case, Villisca - For achieving the rank of Eagle Scout.  Senator
  McLaren
  (01/26/99).

  STUDY BILLS RECEIVED

  SSB 1036	Education

  Relating to the establishment of the state percent of growth for
  purposes of the state school foundation program, and providing
  applicability date.
  SSB 1037	Education

  Providing additional funding for certain school districts that have
  either decreasing or increasing enrollments by extending the regular
  program district cost guarantee and by providing on-time funding,
  making an appropriation, and providing effective and applicability
  dates.

  ANNOUNCEMENT OF APPOINTMENTS
  BY THE PRESIDENT OF THE SENATE

  The President of the Senate announced the following legislative
  appointments:

  LEGISLATIVE COUNCIL

  Senators Deluhery and Dvorsky are appointed to the Council.  Senator Hammond
  is reappointed.

  LEGISLATIVE COUNCIL
  ADMINISTRATION COMMITTEE

  Senator Dvorsky is appointed to the Administration Committee.

  LEGISLATIVE COUNCIL
  CAPITAL PROJECTS COMMITTEE

  Senators Deluhery and Flynn are appointed to the Capital Projects Committee.

  LEGISLATIVE COUNCIL
  FISCAL COMMITTEE

  Senator Kramer replaces Senator Iverson.  Senator Harper is appointed and
  Senator Flynn is reappointed to the Fiscal Committee.

  LEGISLATIVE COUNCIL
  INTERNATIONAL RELATIONS COMMITTEE

  Senator Fraise is appointed and Senators Black, Fink, and Szymoniak are
  reappointed to the International Relations Committee.

  LEGISLATIVE COUNCIL
  STUDIES COMMITTEE

  Senator Hammond is reappointed to the Studies Committee.
  INTERSTATE COOPERATION COMMISSION

  Senator Drake replaces Senator Borlaug.  Senators Hansen and McCoy are
  reappointed to the Interstate Cooperation Commission.

  RURAL HEALTH & PRIMARY CARE ADVISORY COMMITTEE

  Senator Veenstra replaces Senator Rensink.  Senator Soukup is appointed to
  the
  Rural Health Care Advisory Committee.

  ADMINISTRATIVE RULES REVIEW COMMITTEE

  Senator Harper replaces Senator Palmer.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 17

  TRANSPORTATION:  Sexton, Chair; Drake and McCoy

  Senate File 36

  LOCAL GOVERNMENT:  Angelo, Chair; McCoy and McKean

  SSB 1019
  (Reassignment)

  LOCAL GOVERNMENT:  Angelo, Chair; Bartz, Judge, McCoy, and Rife

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action:  SENATE FILE 47 (SSB 1015), a bill for an act relating to
  the
  classification of funding agreements issued by a life insurance company for
  purposes of
  the prioritization of claims against the assets of an insurer subject to
  supervision,
  rehabilitation, and liquidation, and including an effective date and a
  retroactive
  applicability provision.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal,
  Hansen,
  Johnson, King, Lamberti, McCoy, Redfern, Redwine, and Schuerer.  Nays, none.
  Absent or not voting, 1:  Lundby.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  EDUCATION

  Final Bill Action:  SENATE FILE 49 (SSB 1036), a bill for an act relating to
  the
  establishment of the state percent of growth for purposes of the state
  school foundation
  program, and providing an applicability date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra.
  Nays,
  none.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 50 (SSB 1037), a bill for an act providing
  additional funding for certain school districts that have either decreasing
  or increasing
  enrollments by extending the regular program district cost guarantee and by
  providing
  on-time funding, making an appropriation, and providing effective and
  applicability
  dates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 15:  Redfern, Rehberg, Connolly, Angelo, Boettger,
  Dvorsky, Fink,
  Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra.
  Nays,
  none.

  Fiscal Note:  REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 51 (Formerly SF 23), a bill for an act
  authorizing a
  county conservation board to cooperate with private, not-for-profit
  organizations to
  carry out conservation and recreation programs.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Bartz, King, Fink, Black, Bolkcom, Dearden, Drake,
  Freeman,
  Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife.  Nays, none.  Absent or
  not voting, 1:
  Deluhery.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  RULES AND ADMINISTRATION

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 2, by committee on
  Rules and Administration, a concurrent resolution relating to the
  compensation of
  chaplains, officers and employees of the seventy-eighth general assembly.

  Recommendation:  APPROVED COMMITTEE BILL.
  Final Vote:  Ayes, 8:  Iverson, Kramer, Gronstal, Fink, Harper, Jensen,
  Redfern, and
  Rittmer.  Nays, none.  Absent or not voting, 3:  Dvorsky, Lundby, and
  Rehberg.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE RESOLUTION 1, 	a senate resolution relating to
  permanent rules of the senate for the seventy-eighth general assembly.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 8:  Iverson, Kramer, Gronstal, Fink, Harper, Jensen,
  Redfern, and
  Rittmer.  Nays, none.  Absent or not voting, 3:  Dvorsky, Lundby, and
  Rehberg.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  HOUSE CONCURRENT RESOLUTION 5, a concurrent resolution
  relating to joint rules of the Senate and House of Representatives for the
  Seventy-
  eighth General Assembly.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 8:  Iverson, Kramer, Gronstal, Fink, Harper, Jensen,
  Redfern, and
  Rittmer.  Nays, none.  Absent or not voting, 3:  Dvorsky, Lundby, and
  Rehberg.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE JOINT RESOLUTION 2, a joint resolution relating
  to
  the designation of the Old State Historical Building as the Ola Babcock
  Miller State
  Office Building.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 14:  Rittmer, Lamberti, Kibbie, Connolly, Dearden,
  Deluhery,
  Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, and Szymoniak.  Nays,
  none.
  Absent or not voting, 1:  Sexton.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S-3003	S.R. 1	Mike Connolly
  S-3004	S.R. 1	Mike Connolly
  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:24 p.m.,
  until 9:00 a.m., Wednesday, January 27, 1999.
  132	JOURNAL OF THE SENATE	16th Day
  16th Day	TUESDAY, JANUARY 26, 1999	131

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