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THIRTIETH CALENDAR DAY EIGHTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 9, 1999 The Senate met in regular session at 9:06 a.m., President pro tempore Redfern presiding. Prayer was offered by Father Paul A. Monahan, of Holy Rosary Church, Glenwood, Iowa. The Journal of Monday, February 8, 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 8, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 38, a bill for an act eliminating references to an obsolete federal requirement relating to the attachment of an adoption information form to an adoption petition and decree. Read first time and referred to committee on Human Resources. ALSO: That the House has on February 8, 1999, passed the following bill in which the concurrence of the House was asked: 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. ALSO: That the House has on February 8, 1999, adopted the following resolution in which the concurrence of the House was asked: Senate Concurrent Resolution 2, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-eighth general assembly. INTRODUCTION OF BILLS Senate File 113, by committee on Transportation, a bill for an act relating to windshield wiper operation and lighted headlamps and making a penalty applicable. Read first time and placed on calendar. Senate File 114, by committee on Transportation, a bill for an act allowing certain utility employees to operate all-terrain vehicles and snowmobiles on railroad rights of way. Read first time and placed on calendar. Senate File 115, by committee on Business and Labor Relations, a bill for an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date. Read first time and placed on calendar. RECESS On motion of Senator Iverson, the Senate recessed at 9:23 a.m., until 1:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: February 8, 1999, 3:28 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Flynn, Gronstal, Johnson, King, Lamberti, Redfern, Redwine, and Schuerer. Members Absent: Bolkcom, Hansen, Lundby, and McCoy (all excused). Committee Business: Presentation by the Utility Board Chairman. Adjourned: 4:16 p.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 9, 1999, 9:45 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Budget presentation by John Norris, Chief of Staff for the Governor's office. Adjourned: 10:20 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 9, 1999, 9:45 a.m. Members Present: Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: Behn, Chair (excused). Committee Business: Presentations by the Dept. of Agriculture and Land Stewardship. Adjourned: 11:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: 9:40 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: Presentation by UNI. Adjourned: 11:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 9, 1999, 9:45 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; Fraise and McKean. Members Absent: None. Committee Business: Continued presentation by Dept. of Corrections. Adjourned: 11:53 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 9, 1999, 9:45 a.m. Members Present: King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: None. Committee Business: Update from IowAccess and presentation by Iowa Interactive and Digital Signature/Electronic Commerce. Adjourned: 11:10 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 9, 1999, 9:48 a.m. Members Present: Freeman, Chair; Connolly, Ranking Member; and Johnson. Members Absent: Jensen, Vice Chair; and Shearer (both excused). Committee Business: Presentations by Veterans Affairs Commission, Dept. of General Services, and Dept. of Public Safety. Adjourned: 11:25 a.m. AGRICULTURE Convened: February 9, 1999, 8:02 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking Member; Bartz, Black, Hedge, Kibbie, Sexton, Soukup, Judge, Veenstra, and Zieman. Members Absent: Angelo, Behn, and Shearer (all excused). Committee Business: Presentations by Iowa Secretary of Agriculture, Patty Judge, and the U.S. Farm Service Agency. Adjourned: 8:51 a.m. BILL ENROLLED, SIGNED, AND SENT TO THE GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bill has been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 9th day of February, 1999: Senate File 47. MICHAEL MARSHALL Secretary of the Senate RESOLUTION ENROLLED, SIGNED, AND SENT TO THE SECRETARY OF STATE The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following resolution has been enrolled, signed by the President of the Senate and the Speaker of the House, and submitted to the office of the Secretary of State on this 9th day of February, 1999: Senate Joint Resolution 1. MICHAEL MARSHALL Secretary of the Senate SUBCOMMITTEE ASSIGNMENTS Senate Concurrent Resolution 3 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Fink and King Senate File 85 JUDICIARY: Lamberti, Chair; Boettger and Fraise Senate File 88 JUDICIARY: McKibben, Chair; McCoy and Redfern Senate File 89 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby Senate File 93 STATE GOVERNMENT: King, Chair; Fink and Schuerer Senate File 103 APPROPRIATIONS: McLaren, Chair; Bolkcom and Jensen Senate File 105 STATE GOVERNMENT: Lamberti, Chair; Deluhery and Schuerer SSB 1087 JUDICIARY: Miller, Chair; Hansen and McKean SSB 1088 STATE GOVERNMENT: Rittmer, Chair; Fink and Lundby SSB 1089 STATE GOVERNMENT: Fink, Chair; Dearden and McLaren SSB 1090 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Bolkcom, Drake, Fink, Johnson, Kibbie, and King COMMITTEE REPORTS BUSINESS AND LABOR RELATIONS Final Bill Action: SENATE FILE 115 (SSB 1066), a bill for an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: McKibben, Freeman, Behn, Hedge, King, and Schuerer. Nays, 3: Dearden, Fraise, and Horn. Absent or not voting, 2: Hansen and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 113 (Formerly SF 16), a bill for an act relating to windshield wiper operation and lighted headlamps and making a penalty applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Drake, Sexton, McCoy, Fraise, Freeman, Jensen, Kibbie, McKean, McKibben, Rittmer, Judge, and Zieman. Nays, 1: Fink. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 114 (SSB 1084), a bill for an act allowing certain utility employees to operate all-terrain vehicles and snowmobiles on railroad rights of way. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen, Kibbie, McKean, McKibben, Rittmer, Judge, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 1:06 p.m., Senator Hedge 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 February 9, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling. Read first time and referred to committee on Judiciary. INTRODUCTION OF BILLS Senate File 116, by Flynn, a bill for an act exempting sales of tangible personal property and services to nonprofit organizations from the state sales and use taxes. Read first time and referred to committee on Ways and Means. Senate File 117, by Johnson, a bill for an act relating to the elimination of investment counseling as a taxable service under the state sales and use taxes. Read first time and referred to committee on Ways and Means. Senate File 118, by Flynn, a bill for an act exempting the sales of nonprescription drugs and vitamins from state sales and use taxes. Read first time and referred to committee on Ways and Means. Senate File 119, by Flynn, a bill for an act relating to the exemption of the sales of ski lift passes from the state sales and use taxes and including an effective date. Read first time and referred to committee on Ways and Means. INTRODUCTION OF RESOLUTION Senate Resolution 2, by Dvorsky, Bolkcom, Iverson, Kramer, Johnson, Zieman, Schuerer, Gaskill, Tinsman, Freeman, Rittmer, Redfern, Lamberti, Redwine, Boettger, Hedge, Maddox, Sexton, Rehberg, Veenstra, Drake, McKean, Angelo, Miller, Gronstal, Fraise, McCoy, Flynn, Judge, Connolly, Harper, Soukup, Deluhery, Horn, Dearden, Kibbie, and Black, a resolution honoring University of Iowa Football Coach Hayden Fry. Read first time and referred to committee on Rules and Administration. RECESS On motion of Senator Iverson, the Senate recessed at 1:07 p.m., until 2:00 p.m. RECONVENED The Senate reconvened at 2:20 p.m., President Kramer presiding. COMMITTEE REPORT RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 2, a resolution honoring University of Iowa Football Coach Hayden Fry. Recommendation: DO PASS. Final Vote: Ayes, 10: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, Redfern, Rehberg, and Rittmer. Nays, None. Absent or not voting, 1: Lundby. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION (Regular Calendar) Senator Iverson called up for consideration Senate Resolution 2. 1 SENATE RESOLUTION NO. 2 2 BY DVORSKY, BOLKCOM, IVERSON, KRAMER, JOHNSON, 3 ZIEMAN, SCHUERER, GASKILL, TINSMAN, FREEMAN, 4 RITTMER, REDFERN, LAMBERTI, REDWINE, BOETTGER, 5 HEDGE, MADDOX, SEXTON, REHBERG, VEENSTRA, DRAKE, 6 McKEAN, ANGELO, MILLER, GRONSTAL, FRAISE, McCOY, 7 FLYNN, JUDGE, CONNOLLY, HARPER, SOUKUP, DELUHERY, 8 HORN, DEARDEN, KIBBIE, and BLACK 9 A Resolution honoring University of Iowa Football 10 Coach Hayden Fry. 11 WHEREAS, University of Iowa Football Coach Hayden 12 Fry has retired from coaching after 20 seasons as Head 13 Coach at the University of Iowa and as the Hawkeyes' 14 winningest football coach with an overall record of 15 143-89-6; and 16 WHEREAS, Coach Fry's hard work and "scratch where 17 it itches" philosophy rejuvenated a football program 18 considered by many to be a coaching graveyard; and 19 WHEREAS, Coach Fry led the Hawkeyes in 1981, just 20 three years after arriving at Iowa, to their first 21 winning record since 1961, and their first Big Ten 22 Title and Rose Bowl appearance since 1959; and 23 WHEREAS, the Hawkeye football team has consistently 24 ranked among the nation's best teams during Coach 25 Fry's tenure, and includes three Big Ten 26 championships, 14 first division finishes, and nine 27 finishes in the nation's top 25 rankings, including 28 two finishes in the nation's top 10 rankings; and 29 WHEREAS, Coach Fry led the Hawkeyes to 14 bowl 30 appearances, including three in the Rose Bowl, three Page 2 1 in the Holiday Bowl, two each in the Peach, Alamo, and 2 Sun Bowls, and one each in the Gator and Freedom 3 Bowls; and 4 WHEREAS, Coach Fry has been named Big Ten Coach of 5 The Year three times and Coach of the Year, both 6 regionally and nationally, by both the media and the 7 American College Football Coaches Association; and 8 WHEREAS, Coach Fry ranks tenth among Division I 9 head coaches in career victories with 232; and 10 WHEREAS, all Iowa football fans have been treated 11 to exciting and entertaining football during Coach 12 Fry's 20 seasons and have been justly proud of the 13 success which has resulted from Coach Fry's 14 leadership; and 15 WHEREAS, Coach Fry is active in helping numerous 16 charitable and civic organizations and was supportive 17 of Iowa's farmers during the farm crisis in the 1980s, 18 having Hawkeye players wear ANF (America Needs 19 Farmers) decals on their helmets for eight seasons; 20 and 21 WHEREAS, Coach Fry will "always be a Hawk"; NOW 22 THEREFORE, 23 BE IT RESOLVED BY THE SENATE, That Coach Hayden Fry 24 be congratulated for the success and recognition he 25 helped to bring to the University of Iowa and the 26 Hawkeye football program both on and off the field, 27 for his outstanding leadership, inspiration, and 28 coaching ability exhibited throughout his career at 29 the University of Iowa; and 30 BE IT FURTHER RESOLVED, That, upon adoption, an Page 3 1 official copy of this Resolution be prepared for 2 presentation to Coach Hayden Fry. Senator Dvorsky moved the adoption of Senate Resolution 2, which motion prevailed by a voice vote. Senator Dvorsky presented Hayden Fry, former football coach of the University of Iowa Hawkeyes. Coach Fry addressed the Senate with brief remarks and the Senate rose in honor of Coach Fry. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 9, 1999, 9:37 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: None. Committee Business: Presentations by Public Employment Relations Board, Linked Investment for Tomorrow Program, Business Development Finance Corporation, and Iowa Seed Capital Liquidation Corporation. Adjourned: 11:17 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 9, 1999, 9:44 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member; and Dearden. Members Absent: McKibben. Committee Business: Budget presentation from Governor's Alliance on Substance Abuse. Follow-up budget presentation from Dept. of Public Health. Adjourned: 11:20 a.m. JUDICIARY Convened: February 9, 1999, 4:10 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Fraise, Hammond, Horn, Maddox, McCoy, Miller, Redfern, and Tinsman. Members Absent: Dvorsky and McKibben (both excused). Committee Business: Subcommittee assignments. Adjourned: 4:13 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 9, 1999, 2:37 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Miller, Rehberg, and Rife. Members Absent: Black and Gaskill (both excused). Committee Business: Subcommittee assignments. Adjourned: 2:40 p.m. STATE GOVERNMENT Convened: February 9, 1999, 3:15 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking Member; Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, Schuerer, Sexton, and Szymoniak. Members Absent: McLaren (excused). Committee Business: Passed SF 10. Presentation by Dept. of Health Scope of Practice Review Committee. Adjourned: 4:05 p.m. INTRODUCTION OF BILLS Senate File 120, by Sexton, a bill for an act relating to televising proceedings of the Iowa general assembly and providing funding. Read first time under Rule 28 and referred to committee on State Government. Senate File 121, by Lundby, a bill for an act providing a property tax exemption for storm shelters at mobile home parks and providing a retroactive applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 122, by Lundby and Kibbie, a bill for an act providing for limitations on contributions by political committees to certain political campaigns, and applying a penalty. Read first time under Rule 28 and referred to committee on State Government. STUDY BILLS RECEIVED SSB 1087 Judiciary Relating to estate issues by modifying the warranty by a trustee, exemptions from execution and beneficiary designations and transfer- upon-death provisions related to pension and retirement accounts, jurisdiction of the probate court, fees payable on certain trusts, claims against estates for medical assistance payments, notice provisions relating to claims against estates, and disclaimers made by beneficiaries. SSB 1088 State Government Providing registration requirement for dental assistants and providing an effective date. SSB 1089 State Government A Joint Resolution authorizing the temporary use and consumption of alcoholic beverages in the State Capitol in conjunction with the 1999 annual conference of the National Association of Unclaimed Property Administrators. SSB 1090 Natural Resources and Environment Providing for a healthy environmental and value-added energy initiative, providing for tax revenues, the allocation of moneys, and making penalties applicable. SSB 1091 Judiciary Relating to the penalty for simple misdemeanors. SSB 1092 Judiciary Relating to the duties of a guardian ad litem appointed to represent a child in juvenile court proceedings. SSB 1093 Judiciary Concerning judicial administration. SSB 1094 Human Resources Changing a Code reference to the Iowa association of community providers and providing an effective date. SSB 1095 Commerce Relating to the computation of interest pursuant to a written agreement between certain parties. SSB 1096 Judiciary Relating to distribution or possession of precursors to a controlled substance, cleanup of hazardous waste associated with the manufacturing of a controlled substance, establishing a civil penalty, and appropriating moneys. SSB 1097 Small Business Economic Development and Tourism Providing for investments by banks and certain insurance companies in Iowa agricultural industry finance corporations. SSB 1098 Small Business Economic Development and Tourism Concerning the workforce development department, by providing for the establishment of a workforce development corporation, expenses for members of the regional advisory board to the workforce development board, authority to charge fees for certain services of the department, and Iowa conservation corps employee rights. SSB 1099 Ways and Means Relating to a sales tax exemption for the inputs purchased for use in a car wash and wax facility. SUBCOMMITTEE ASSIGNMENTS Senate File 96 WAYS AND MEANS: McKibben, Chair; Drake and Harper Senate File 100 WAYS AND MEANS: Drake, Chair; Bolkcom and Redwine Senate File 104 JUDICIARY: Miller, Chair; Dvorsky and Tinsman Senate File 108 WAYS AND MEANS: Maddox, Chair; Flynn and Redwine Senate File 109 HUMAN RESOURCES: Szymoniak, Chair; Behn and Veenstra Senate File 117 WAYS AND MEANS: Johnson, Chair; Deluhery and Redwine Senate File 118 WAYS AND MEANS: Johnson, Chair; Flynn and Maddox House File 165 JUDICIARY: Lamberti, Chair; Boettger and Horn House File 172 JUDICIARY: Boettger, Chair; Lamberti and McCoy SSB 1091 JUDICIARY: Lamberti, Chair; Hansen and McKean SSB 1092 JUDICIARY: Maddox, Chair; Horn and Tinsman SSB 1093 JUDICIARY: Miller, Chair; Hansen and McKibben SSB 1094 HUMAN RESOURCES: Boettger, Chair; Dvorsky and Hammond SSB 1095 COMMERCE: Redwine, Chair; Flynn and Lamberti SSB 1096 JUDICIARY: Lamberti, Chair; Boettger and Horn SSB 1097 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Zieman, Chair; Behn, Shearer, Flynn, and Rittmer SSB 1098 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Flynn, Chair; Sexton and Rittmer SSB 1099 WAYS AND MEANS: McKibben, Chair; Hedge and Harper COMMITTEE REPORT STATE GOVERNMENT Final Bill Action: SENATE FILE 106, a bill for an act providing for accessibility requirements for church elevators and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Drake, Fink, King, Maddox, Schuerer, Sexton, and Szymoniak. Nays, 1: Deluhery. Absent or not voting, 2: Lundby and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:31 p.m., until 9:00 a.m., Wednesday, February 10, 1999. 232 JOURNAL OF THE SENATE 30th Day 30th Day TUESDAY, FEBRUARY 9, 1999 231
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