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TWENTY-FOURTH CALENDAR DAY FIFTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 3, 1999 The Senate met in regular session at 9:04 a.m., President Kramer presiding. Prayer was offered by Reverend David Ruhe, pastor of Plymouth Congregational United Church of Christ, Des Moines, Iowa. The Journal of Tuesday, February 2, 1999, was approved. BILL REFERRED COMMITTEE Senator Iverson asked and received unanimous consent that Senate File 76 be referred from the Regular Calendar to the committee on Appropriations. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Kibbie for today and tomorrow, on request of Senator Gronstal. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 3, 1999, 9:38 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Presentation by DOM. Adjourned: 10:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 3, 1999, 9:40 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Presentation by DNR. Adjourned: 10:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 3, 1999, 9:30 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: None. Committee Business: Presentation by DED. Adjourned: 10:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 3, 1999, 9:40 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; and Horn, Ranking Member. Members Absent: Kibbie and McLaren. Committee Business: Presentation by Iowa Public Television. Adjourned: 10:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 3, 1999, 9:37 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member; Dearden and McKibben. Members Absent: None. Committee Business: Budget presentation by Civil Rights Commission. Adjourned: 9:53 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 3, 1999, 9:39 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentation by Consultec. Adjourned: 10:31 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 3, 1999, 9:32 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; and Fraise. Members Absent: McKean (excused). Committee Business: Presentations by Public Defender and Indigent Defense. Adjourned: 10:10 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 3, 1999, 9:35 a.m. Members Present: King, Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: Lundby, Vice Chair. Committee Business: Update and ICN budget and ITS budget for fiscal year. Adjourned: 10:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 3, 1999, 9:40 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; and Johnson. Members Absent: Shearer. Committee Business: Presentation by Dept. of Corrections. Adjourned: 10:35 a.m. BUSINESS AND LABOR RELATIONS Convened: February 3, 1999, 1:06 p.m. Members Present: McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking Member; Behn, Fraise, Hansen, Hedge, Horn, King, Rife, and Schuerer. Members Absent: None. Committee Business: Subcommittee assignments. Presentations by ABI and UAW. Adjourned: 2:00 p.m. EDUCATION Convened: February 3, 1999, 1:00 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Szymoniak, Tinsman, and Veenstra. Members Absent: Shearer (excused). Committee Business: Subcommittee assignments. Presentations by Urban Education Network and Rural Schools of Iowa. Adjourned: 1:58 p.m. HUMAN RESOURCES Convened: February 3, 1999, 2:05 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Hammond, Harper, Schuerer, Tinsman, and Veenstra. Members Absent: Horn, Miller, and Shearer (all excused). Committee Business: Approved SSB 1034. Adjourned: 2:15 p.m. TRANSPORTATION Convened: February 3, 1999, 2:05 p.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Fink, Fraise, Freeman, Jensen, McKean, McKibben, Rittmer, Judge, and Zieman. Members Absent: Kibbie (excused). Committee Business: Amended and passed SF 17. Presentation by DOT. Adjourned: 2:35 p.m. WAYS AND MEANS Convened: February 3, 1999, 3:05 p.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Members Absent: Drake and McLaren (both excused). Committee Business: Passed SF 9. Adjourned: 3:15 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Maude Glines, Montrose - For celebrating your 100th birthday, March 11, 1999. Senator Shearer (02/09/99). Matthew A. Grennan, Maynard - For achieving the rank of Eagle Scout. Senator Rehberg (02/04/99). Hertha Lebuhn - For celebrating your 100th birthday, February 25, 1999. Senator Tinsman (02/03/99). INTRODUCTION OF BILLS Senate File 85, by Black and Flynn, a bill for an act relating to notification requirements associated with the perfection of mechanics' liens by a person furnishing labor or materials to a subcontractor, and providing an effective date. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 86, By Szymoniak, Dearden, Dvorsky, Maddox, Fraise, Redfern, and McCoy, a bill for an act relating to the process for restoring for certain persons the right to register to vote and to vote. Read first time under Rule 28 and referred to committee on State Government. Senate File 87, by Flynn, a bill for an act relating to drug and alcohol testing by schools of students participating in extracurricular activities. Read first time under Rule 28 and referred to committee on Education. Senate File 88, by McCoy, a bill for an act related to the liability of golf course operators for damages arising from weather-related conditions and phenomena. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 89, by Lundby and Kibbie, a bill for an act to prohibit new campaign advertising within five days of an election, and applying penalties. Read first time under Rule 28 and referred to committee on State Government. Senate File 90, by Jensen, a bill for an act relating to qualifications of commissioners for a city, county, or joint memorial hospital. Read first time under Rule 28 and referred to committee on State Government. Senate File 91, by Rife, a bill for an act relating to the valuation of residential and agricultural property by removing the restriction that prevented each class from increasing in valuation by a greater percentage than the other and including an applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 92, by committee on Human Resources, a bill for an act relating to the notice provisions for transfer of assets which create a medical assistance debt. Read first time under Rule 28 and placed on calendar. Senate File 93, by Zieman, a bill for an act relating to the expenditure of surcharge moneys for certain personnel costs associated with E911 service. Read first time under Rule 28 and referred to committee on State Government. STUDY BILLS RECEIVED SSB 1068 Commerce Relating to the supervisory authority of the state banking division with regard to bank holding company acquisitions and the ability of state banks to make loans to any on person. SSB 1069 Commerce Relating to the use of net metering systems by certain facilities producing electrical energy and providing an effective date. SSB 1070 Education Providing for the designation of investigative information possessed by the board of educational examiners as privileged and confidential. SSB 1071 Commerce Relating to telecommunications systems or services which may be provided by a city utility, establishing certain requirements on such city, and including effective date and retroactive applicability provisions. SSB 1072 Commerce Relating to franchise agreements and the rights and responsibilities of the parties under such agreements. SSB 1073 Human Resources Relating to cigarettes and tobacco products by prohibiting that such products be given away and by prohibiting giving of other items as part of a sale of such cigarettes and tobacco products and making penalties applicable. SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 1 EDUCATION: Redfern, Chair; Fink and Rehberg Senate File 45 EDUCATION: Veenstra, Chair; Connolly and Gaskill Senate File 64 AGRICULTURE: Gaskill, Chair; Judge and Miller Senate File 66 AGRICULTURE: Hedge, Chair; Bartz and Shearer Senate File 73 LOCAL GOVERNMENT: Zieman, Chair; Fraise and Gaskill Senate File 80 WAYS AND MEANS: Drake, Chair; Harper and Johnson Senate File 81 JUDICIARY: Maddox, Chair; Horn and Tinsman Senate File 82 WAYS AND MEANS: Redwine, Chair; Deluhery and Lamberti Senate File 83 COMMERCE: Maddox, Chair; Bolkcom and Schuerer Senate File 84 COMMERCE: Lamberti, Chair; Hansen and Redfern House File 136 JUDICIARY: Angelo, Chair; Dvorsky and Tinsman SSB 1068 COMMERCE: Redfern, Chair; Hansen and King SSB 1069 COMMERCE: Schuerer; Chair; Maddox and McCoy SSB 1070 EDUCATION: Connolly, Chair; Redwine and Rehberg SSB 1071 COMMERCE: Jensen, Chair; Flynn and King SSB 1072 COMMERCE: Jensen, Chair; Deluhery, Gronstal, Johnson, and Redfern SSB 1073 HUMAN RESOURCES: Tinsman, Chair; Redwine and Szymoniak SSB 1074 HUMAN RESOURCES: Schuerer, Chair; Boettger and Shearer SSB 1075 JUDICIARY: Angelo, Chair; Dvorsky and Tinsman SSB 1076 JUDICIARY: Lamberti, Chair; Boettger and Fraise COMMITTEE REPORTS HUMAN RESOURCES Final Bill Action: SENATE FILE 92 (SSB 1034), a bill for an act relating to the notice provisions for transfer of assets which create a medical assistance debt. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Boettger, Redwine, Szymoniak, Bartz, Behn, Hammond, Harper, Schuerer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 3: Horn, Miller, and Shearer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 9, a bill for an act relating to the exemption of the sales and use tax on building materials, supplies, or equipment of certain rural water districts, and providing retroactive applicability and effective dates. Recommendation: DO PASS. Final Vote: Ayes, 13: Johnson, Chair; McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Nays, none. Absent or not voting, 2: Drake and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:09 a.m., until 9:00 a.m., Thursday, February 4, 1999. 202 JOURNAL OF THE SENATE 24th Day 24th Day WEDNESDAY, FEBRUARY 3, 1999 201
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