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TWENTY-FIFTH CALENDAR DAY SIXTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 4, 1999 The Senate met in regular session at 9:03 a.m., President pro tempore Redfern presiding. Prayer was offered by Pastor Doug Helton, of Calvary Baptist Church, St. Charles, Iowa. The Journal of Wednesday, February 3, 1999, 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 3, 1999, passed the following bill in which concurrence of the Senate is asked: House File 165, a bill for an act including the preparation or compounding of a controlled substance for one's own use within the definition of manufacturing a controlled substance, and providing an effective date. Read first time and referred to committee on Judiciary. ALSO: That the House has on February 3, 1999, adopted the following resolution in which the concurrence of the House was asked: Senate Joint Resolution 1, a joint resolution proposing amendments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes. ALSO: That the House has on February 3, 1999, passed the following bill in which the concurrence of the House was asked: Senate File 47, 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. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Zieman until his arrival, on request of Senator Rehberg. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 53. Senate File 53 On motion of Senator Miller, Senate File 53, a bill for an act relating to the date of the annual sale of parcels with delinquent property taxes and providing an effective and applicability date, was taken up for consideration. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Hammond, Kramer, McKibben, McLaren, Rife, Shearer and Zieman on request of Senator Iverson. BUSINESS PENDING Senate File 53 The Senate resumed consideration of Senate File 53. Senator Miller moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 53), the vote was: Ayes, 42: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Fraise Freeman Gaskill Gronstal Hansen Harper Hedge Horn Iverson Jensen Johnson Judge King Lamberti Lundby Maddox McCoy McKean Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Soukup Szymoniak Tinsman Veenstra Nays, none. Absent or not voting, 8: Hammond Kibbie Kramer McKibben McLaren Rife Shearer Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 53 be immediately messaged to the House. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 4, 1999, 9:50 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; Flynn and Sexton. Members Absent: McCoy, Ranking Member (excused). Committee Business: Review of: IA Dept. of Inspections and Appeals staff turnover and technology request, fiscal impact on Ethic and Campaign Disclosure of campaign software, IDOP IPERS building request and possible funding for IPERS in FY 1999 and FY 2000, Dept. of Revenue and Finance specific requests, fiscal impact of employee turnover on the Secretary of State's Office, and Dept. of General Services implementation of a Client Server Procurement System. Adjourned: 10:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 4, 1999, 9:45 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Presentation by DNR. Adjourned: 10:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 4, 1999, 9:45 a.m. Members Present: Schuerer, Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: Boettger, Vice Chair (excused). Committee Business: Presentations by U of I, ISU, and UNI. Adjourned: 11:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 4, 1999, 9:40 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; and Horn, Ranking Member. Members Absent: Kibbie and McLaren (both excused). Committee Business: Presentations by the Board of Regents, Iowa School for the Deaf, and the Iowa Braille and Sight Saving School. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 4, 1999, 8:30 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; and McKibben. Members Absent: Bolkcom, Ranking Member; and Dearden (both excused). Committee Business: Tour of Veterans Home in Marshalltown. Adjourned: 12:30 p.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 4, 1999, 9:47 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentation by DHS. Adjourned: 11:56 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 4, 1999, 9:40 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; Fraise and McKean. Members Absent: None. Committee Business: Presentations by the Legal Service Poverty Grant Program and the Dept. of Corrections. Adjourned: 11:31 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 4, 1999, 9:35 a.m. Members Present: King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: None. Committee Business: IPTV budget presentation, ICN usage report, and a FY 2000 requested technology initiative projects presentation. Adjourned: 11:10 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 4, 1999, 9:50 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; and Connolly, Ranking Member. Members Absent: Shearer (absent) and Johnson (excused). Committee Business: Presentations by IPERS, Dept. of Public Safety, and Loess Hills Development and Conservation Authority. Adjourned: 11:20 a.m. ETHICS Convened: February 4, 1999, 1:08 p.m. Members Present: Hedge, Chair; Drake, Vice Chair; Connolly, Hammond, and McKean. Members Absent: Szymoniak, Ranking Member (excused). Committee Business: Discussion of senate ethics and lobbyist rule changes. Adjourned: 1:45 p.m. JUDICIARY Convened: February 4, 1999, 3:03 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, Redfern, and Tinsman. Members Absent: Boettger, McKibben, and Miller (all excused). Committee Business: Subcommittee assignments. Approved SSBs 1020 and 1065. Passed SFs 52 and 55. Adjourned: 3:38 p.m. LOCAL GOVERNMENT Convened: February 4, 1999, 2:03 p.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Fraise, Hammond, McCoy, McKean, Rife, Judge, and Zieman. Members Absent: McKibben (absent); Bolkcom, Ranking Member; Gaskill, and Miller (all excused). Committee Business: Subcommittee assignments. Adjourned: 2:08 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: February 4, 1999, 1:03 p.m. Members Present: Lundby, Chair; Behn, Vice Chair; Flynn, Hansen, Sexton, Soukup, Tinsman, Judge, Veenstra, and Zieman. Members Absent: Shearer, Ranking Member; Boettger, Dvorsky, and Rittmer (all excused). Committee Business: Presentation by Iowa Dept. of Economic Development. Adjourned: 2:04 p.m. STATE GOVERNMENT Convened: February 4, 1999, 2:03 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Members Absent: Kibbie, Ranking Member (excused). Committee Business: Subcommittee assignments. Approved SSBs 1053 and 1055. Adjourned: 2:25 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Anya Jepson, Glidden - For being an outstanding community volunteer and for receiving a bronze Distinguished Finalist medallion from The Prudential Insurance Company of America. Senator Behn (02/4/99). Stephanie Vinton, Glenwood - For being an outstanding community volunteer and for receiving a bronze Distinguished Finalist medallion from The Prudential Insurance Company of America. Senator McLaren (02/4/99). COMMITTEE CHANGE Senator Gronstal announced the following change in Senate committee memberships: Senator Dvorsky will replace Senator Horn on the Human Resources Committee. INTRODUCTION OF BILLS Senate File 94, by Szymoniak, Connolly, Tinsman, Harper, and Gaskill, a bill for an act requiring school districts and accredited nonpublic schools to provide an articulated sequential guidance program for grades kindergarten through twelve, and providing for a waiver. Read first time under Rule 28 and referred to committee on Education. Senate File 95, by committee on Transportation, a bill for an act relating to mandatory motor vehicle proof of financial responsibility by requiring such proof when a motor vehicle subject to registration in this state is operated on a parking lot. Read first time under Rule 28 and placed on calendar. Senate File 96, by Harper, a bill for an act relating to a sales and use tax exemption for unassisted coin-operated motor vehicle wash, wax, and vacuum services. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 97, by McCoy, a bill for an act relating to the content on the face of commercial driver's licenses. Read first time under Rule 28 and referred to committee on Transportation. Senate File 98, by committee on State Government, a bill for an act relating to confidentiality of voter registration information. Read first time under Rule 28 and placed on calendar. Senate File 99, by committee on State Government, a bill for an act providing for a change in the composition requirement for nurses on the Iowa board of nursing examiners. Read first time under Rule 28 and placed on calendar. Senate File 100, by Tinsman and Rittmer, a bill for an act providing an exemption from state individual income tax for pension and retirement income and providing a retroactive applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. STUDY BILLS RECEIVED SSB 1077 Education Providing a one hundred one percent school district budget guarantee, and providing an effective date. SSB 1078 Human Resources Relating to child welfare provisions involving foster home damages, voluntary foster care placements of children with mental retardation or other developmental disability, release of child abuse information, and annual group foster care and decategorization plans, and providing a contingent effective date. SSB 1079 Appropriations Establishing a regional detention facility program, advisory council, and revolving loan fund; authorizing certain entities to certify taxes to be levied; providing for a future repeal; and making an appropriation. SSB 1080 Small Business, Economic Development and Tourism Establishing the community attraction and tourism development program and fund, making an appropriation, and providing an effective date. SSB 1081 Small Business, Economic Development and Tourism Relating to the new investment tax credit under the new jobs and income program. SUBCOMMITTEE ASSIGNMENTS Senate File 42 EDUCATION: Redwine, Chair; Boettger and Dvorsky Senate File 61 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 62 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 63 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 65 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 76 APPROPRIATIONS: Freeman, Chair; Black and Jensen Senate File 79 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 86 STATE GOVERNMENT: Szymoniak, Chair; Lamberti and Maddox Senate File 90 STATE GOVERNMENT: Drake, Chair; Kibbie and Schuerer SSB 1077 EDUCATION: Redfern, Chair; Connolly and Rehberg SSB 1078 HUMAN RESOURCES: Veenstra, Chair; Szymoniak and Tinsman SSB 1079 APPROPRIATIONS: Maddox, Chair; Connolly, Flynn, Freeman, and Tinsman SSB 1080 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Veenstra, Chair; Hansen and Zieman SSB 1081 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Zieman, Chair; Behn, Flynn, Rittmer, and Shearer COMMITTEE REPORTS JUDICIARY Final Bill Action: SENATE FILE 52, a bill for an act establishing the new criminal offense of interference with a peace officer's service horse, and applying a penalty. Recommendation: DO PASS. Final Vote: Ayes, 9: McKean, Lamberti, Hansen, Angelo, Fraise, Maddox, McCoy, Redfern, and Tinsman. Nays, 1: Hammond. Present, 2: Dvorsky and Horn. Absent or not voting, 3: Boettger, McKibben and Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 55, a bill for an act to legalize the transfer of certain property by the joint county system of Black Hawk and Buchanan counties to the Independence community school district, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: McKean, Lamberti, Hansen, Angelo, Dvorsky, Fraise, Hammond, Horn, Maddox, McCoy, Redfern, and Tinsman. Nays, none. Absent or not voting, 3: Boettger, McKibben, and Miller. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 98 (SSB 1053), a bill for an act relating to confidentiality of voter registration information. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Rittmer, Lamberti, Connolly, Dearden, Deluhery, Drake, Fink, Lundby, Maddox, McLaren, Sexton, and Szymoniak. Nays, 2: King and Schuerer. Absent or not voting, 1: Kibbie. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 99 (SSB 1055), a bill for an act providing for a change in the composition requirement for nurses on the Iowa board of nursing examiners. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rittmer, Lamberti, Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 1: Kibbie. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: *SENATE FILE 95, a bill for an act relating to mandatory motor vehicle proof of financial responsibility by requiring such proof when a motor vehicle subject to registration in this state is operated on a parking lot. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen, McKean, McKibben, Rittmer, Judge, and Zieman. Nays, none. Absent or not voting, 1: Kibbie. 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 Transportation Committee on Senate File 95, and they were attached to the committee report. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:37 a.m., until 1:00 p.m., Monday, February 8, 1999. 212 JOURNAL OF THE SENATE 25th Day 25th Day THURSDAY, FEBRUARY 4, 1999 211
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