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THIRTY-FIRST CALENDAR DAY NINETEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 10, 1999 The Senate met in regular session at 9:12 a.m., President Kramer presiding. Prayer was offered by Father Jerry Kopacek, of St. Mary's, Marshalltown, Iowa. The Journal of Tuesday, February 9, 1999, was approved. SPECIAL GUEST Senator Jensen presented the Honorable Richard Vande Hoef, former member of the Senate, and his wife Harriet. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Fraise for the remainder of the week, on request of Senator Hansen. Senator Lundby for the day, on request of Senator King. INTRODUCTION OF BILLS Senate File 123, by Flynn, a bill for an act relating to advertising devices in certain historic cities. Read first time and referred to committee on Local Government. Senate File 124, by Black and Hansen, a bill for an act relating to the regulatory authority of the natural resource commission on the Sac and Fox tribe of the Mississippi in Iowa settlement in Tama county. Read first time and referred to committee on Natural Resources and Environment. Senate File 125, by Redwine, King, Hansen, Gaskill, McLaren, Horn, Veenstra, Behn, McCoy, Gronstal, Bartz, Lamberti, Schuerer, Sexton, Miller, Kramer, Kibbie, and Flynn, a bill for an act relating to the speed limit on interstate and fully controlled-access, divided, multilaned highways. Read first time and referred to committee on Transportation. RECESS On motion of Senator Iverson, the Senate recessed at 9:32 a.m., until 4:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 9, 1999, 9:42 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Budget presentation on MHI/SHS. Glenwood/Woodward Parent Assn. presentation. Sexual predator program. Adjourned: 12:04 p.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 10, 1999, 10:10 a.m. Members Present: Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: Behn, Chair (excused). Committee Business: Budget presentation by LFB. Adjourned: 11:00 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 10, 1999, 9:42 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: None. Committee Business: Presentation by Dept. of Workforce Development. Adjourned: 10:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 10, 1999, 9:45 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: Presentations by College Student Aid Commission, a representative of private colleges, and the National Guard. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 10, 1999, 9:54 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentation by Chief Juvenile Court Officer - 7th District. Group care discussion, Eldora and Toledo program needs. Adjourned: 12:04 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 10, 1999, 9:50 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; and McKean. Members Absent: Fraise (excused). Committee Business: Presentation by the Dept. of Corrections. Adjourned: 11:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 10, 1999, 9:50 a.m. Members Present: King, Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: Lundby, Vice Chair (excused). Committee Business: Presentation by Tom Davies, Federal Resources. Adjourned: 11:20 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 10, 1999, 9:55 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson and Shearer. Members Absent: None. Committee Business: Presentations by Skills 2000 Advisory Committee and Department of Agriculture. Adjourned: 11:30 a.m. AGRICULTURE Convened: February 10, 1999, 8:02 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Angelo, Bartz, Hedge, Kibbie, Shearer, Soukup, Judge, Veenstra, and Zieman. Members Absent: Fraise, Ranking Member; Behn, Black, and Sexton (all excused). Committee Business: Presentations by Iowa Corn Growers Assn. Pres.-elect Ron Litter; Minnesota Commissioner of Agriculture, Gene Hugoson. Adjourned: 8:58 a.m. COMMITTEE REPORTS ETHICS Final Bill Action: SENATE RESOLUTION 3, a resolution relating to the senate rules governing lobbyists. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 5: Hedge, Drake, Connolly, Hammond, and McKean. Nays, none. Absent or not voting, 1: Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE RESOLUTION 4, a resolution relating to the Senate Code of Ethics. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 5: Hedge, Drake, Connolly, Hammond, and McKean. Nays, none. Absent or not voting, 1: Szymoniak. 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 Ethics Committee on Senate Resolution 4, and they were attached to the committee report. RULES AND ADMINISTRATION Final Bill Action: SENATE RESOLUTION 5, a resolution relating to gubernatorial appointments Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Iverson, Kramer, Gronstal, Dvorsky, Fink, Harper, Jensen, and Redfern. Nays, none. Absent or not voting, 3: Lundby, Rehberg, and Rittmer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AFTERNOON SESSION The Senate reconvened at 4:31 p.m., President pro tempore Redfern presiding. QUORUM CALL Senator Hedge requested a non record roll call to determine that a quorum was present. The vote revealed 45 present, 5 absent and a quorum present. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 41, 67, 52 and 55. Senate File 41 On motion of Senator Bolkcom, Senate File 41, a bill for an act relating to the duties and meetings of the county agricultural extension councils, was taken up for consideration. Senator Bolkcom 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. 41), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Fraise Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 67 On motion of Senator Gaskill, Senate File 67, a bill for an act relating to the assessment of civil damages for the illegal taking of a swan or a crane, was taken up for consideration. President Kramer took the chair at 5:01 p.m. Senator Gaskill 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. 67), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Fraise Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 52 On motion of Senator Redfern, 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, with report of committee recommending passage, was taken up for consideration. Senator Hansen offered amendment S-3008 filed by him from the floor to page 1 of the bill. Senator Redfern asked and received unanimous consent that action on amendment S-3008 and Senate File 52 be deferred. Senate File 55 On motion of Senator Redfern, 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, with report of committee recommending passage, was taken up for consideration. Senator Redfern 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. 55), the vote was: Ayes, 48: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 2: Fraise Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. PROOF OF PUBLICATION (Senate File 55) Published copy of Senate File 55 and verified proof of publication of said bill in the Independence Bulletin Journal, a bi-weekly newspaper printed and published in Buchanan County, Iowa, on December 9, 1998, was filed with the Secretary of the Senate prior to the time said bill was placed on passage in the Senate. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 70 and 115. Senate File 70 On motion of Senator Schuerer, Senate File 70, a bill for an act concerning unemployment insurance by providing for the distribution of certain moneys in the unemployment trust fund and the transfer of experience for unemployment insurance tax purposes, was taken up for consideration. Senator Schuerer 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. 70), the vote was: Ayes, 47: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, 1: Rife Absent or not voting, 2: Fraise Lundby The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 115 On motion of Senator King, Senate File 115, a bill for an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date, was taken up for consideration. The Senate stood at ease at 5:21 p.m. until the fall of the gavel, for the purpose of party caucuses. The Senate resumed session at 5:52 p.m., President Kramer presiding. Senator Gronstal offered amendment S-3014 filed by him from the floor to pages 1 and 3 of the bill. Senator King raised the point of order that amendment S-3014 was not germane to the bill. The chair ruled the point well taken and amendment S-3014 out of order. Senator Flynn offered amendment S-3009 filed by him from the floor to page 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3009 be adopted?" (S.F. 115), the vote was: Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Rife Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 2: Fraise Lundby Amendment S-3009 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McLaren for the remainder of the day, on request of Senator Iverson. BUSINESS PENDING Senate File 115 The Senate resumed consideration of Senate File 115. Senator McCoy offered amendment S-3010 filed by Senators McCoy and Flynn from the floor to pages 2-3 of the bill. Senator Flynn asked unanimous consent that action on amendment S-3010 and Senate File 115 be deferred Senator Flynn withdrew his motion. Senator McCoy moved adoption of amendment S-3010. A non-record roll call was requested. The ayes were 20, nays 27. Amendment S-3010 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Szymoniak for the remainder of the day, on request of Senator Hansen. BUSINESS PENDING Senate File 115 The Senate resumed consideration of Senate File 115. Senator Dearden offered amendment S-3011 filed by Senators Dearden and Fraise from the floor to page 3 of the bill, moved its adoption, and requested a record roll call. On the question "Shall amendment S-3011 be adopted?" (S.F. 115), the vote was: Ayes, 19: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Gronstal Hammond Hansen Harper Horn Judge Kibbie McCoy Rife Shearer Soukup Nays, 27: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 4: Fraise Lundby McLaren Szymoniak Amendment S-3011 lost. Senator King 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. 115), the vote was: Ayes, 31: Angelo Bartz Behn Black Boettger Drake Flynn Freeman Gaskill Hansen Hedge Iverson Jensen Johnson Kibbie King Kramer Lamberti Maddox McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 15: Bolkcom Connolly Dearden Deluhery Dvorsky Fink Gronstal Hammond Harper Horn Judge McCoy Rife Shearer Soukup Absent or not voting, 4: Fraise Lundby McLaren Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 92 and 95. Senate File 92 On motion of Senator Behn, Senate File 92, a bill for an act relating to the notice provisions for transfer of assets which create a medical assistance debt, was taken up for consideration. Senator Behn 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. 92), the vote was: Ayes, 46: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 4: Fraise Lundby McLaren Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 95 On motion of Senator Sexton, 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, was taken up for consideration. Senator Sexton 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. 95), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Fraise Lundby McLaren Rife Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Sexton asked and received unanimous consent that Senate File 17 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 102, 106 and 28. Senate File 102 On motion of Senator Hansen, Senate File 102, a bill for an act relating to nonsubstantive Code corrections, was taken up for consideration. Senator Hansen 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. 102), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Fraise Lundby McLaren Rife Szymoniak 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 to take up for consideration Senate File 106. Senate File 106 On motion of Senator Kibbie, Senate File 106, a bill for an act providing for accessibility requirements for church elevators and providing an effective date, with report of committee recommending passage, was taken up for consideration. Senator Schuerer asked and received unanimous consent to withdraw amendment S-3012 filed by Senators Schuerer, Shearer, and Drake from the floor, to page 1 and to the title page of the bill. Senator Schuerer offered amendment S--3016 filed by Senator Schuerer, et al. from the floor to page 1 and to the title page of the bill. Senator Dvorsky raised the point of order that amendment S-3016 was not germane to the bill. Senator Dvorsky withdrew his point of order. Senator Schuerer moved adoption of amendment S-3016, which motion prevailed by a voice vote. Senator Jensen asked and received unanimous consent to withdraw amendment S-3015 filed by Senators Jensen and Kibbie from the floor to page 1 of the bill. Senator Kibbie 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. 106), the vote was: Ayes, 44: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, 1: Dvorsky Absent or not voting, 5: Fraise Lundby McLaren Rife Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title as amended was agreed to. Senate File 28 On motion of Senator Miller, Senate File 28, a bill for an act eliminating a report of land acquisitions and exchanges by a county conservation board, was taken up for consideration. 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. 28), the vote was: Ayes, 45: Angelo Bartz Behn Black Boettger Bolkcom Connolly Dearden Deluhery Drake Dvorsky Fink Flynn Freeman Gaskill Gronstal Hammond Hansen Harper Hedge Horn Iverson Jensen Johnson Judge Kibbie King Kramer Lamberti Maddox McCoy McKean McKibben Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Tinsman Veenstra Zieman Nays, none. Absent or not voting, 5: Fraise Lundby McLaren Rife Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 28, 41, 55, 67, 70, 92, 95, 102, 106 and 115 be immediately messaged to the House. 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 10, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 164, a bill for an act concerning the open meetings statute by permitting the awarding of appellate attorney fees for a successful action involving the statute. Read first time and referred to committee on Judiciary. INTRODUCTION OF BILLS Senate File 126, by Bolkcom, a bill for an act relating to the exemption from the sales, services, and use taxes of the gross receipts from the sale, furnishing, or service of gas, electricity, and heat, and of fuel used for heating of residential-type dwellings and including an applicability date provision. Read first time and referred to committee on Ways and Means. Senate File 127, by Bolkcom and Kibbie, a bill for an act providing for special late voter registration to enable an eligible elector to vote at the polling place on election day and providing a durational residency requirement for voting. Read first time and referred to committee on State Government. Senate File 128, by Connolly, a bill for an act relating to the creation of an advanced placement incentive grant program and an advanced placement merit scholarship program, cost reimbursement for teachers attending conferences and institutes relating to advanced placement, making appropriations, and providing for emergency rulemaking and an immediate effective date. Read first time and referred to committee on Education. Senate File 129, by McKean, a bill for an act adopting the Uniform Child Custody Jurisdiction and Enforcement Act. Read first time and referred to committee on Judiciary. Senate File 130, by Hammond, Soukup, Dvorsky, Deluhery, Harper, Bolkcom, Kibbie, Gronstal, Fink, Hansen, Shearer, and Judge, a bill for an act prohibiting an insurer from discriminating against a person or releasing information based on or relating to genetic information or testing. Read first time and referred to committee on Commerce. Senate File 131, by Kibbie, Sexton, Soukup, Fraise, Freeman, Hedge, and Miller, a bill for an act relating to practices involving the marketing of livestock by packers, by prohibiting price discrimination, requiring reporting, and providing criminal penalties and civil remedies. Read first time and referred to committee on Agriculture. Senate File 132, by Rehberg, Behn, Schuerer, King, and Veenstra, a bill for an act increasing the tuition tax credit under the individual income tax and including a retroactive effective date provision. Read first time and referred to committee on Ways and Means. Senate File 133, by Redwine, Schuerer, Gaskill, Lamberti, Sexton, Miller, King, McKibben, Rehberg, and Behn, a bill for an act reducing the state individual income tax by ten percent and including a retroactive applicability date provision. Read first time and referred to committee on Ways and Means. INTRODUCTION OF RESOLUTIONS Senate Resolution 3, by committee on Ethics, a resolution relating to the senate rules governing lobbyists. Read first time and placed on calendar. Senate Resolution 4, by committee on Ethics, a resolution relating to the Senate Code of Ethics. Read first time and placed on calendar. Senate Resolution 5, by committee on Rules and Administration, a resolution relating to gubernatorial appointments and other appointments requiring Senate confirmation. Read first time and placed on calendar. APPENDIX APPOINTMENTS FROM THE GOVERNOR The following appointees were submitted by the Governor to the Secretary of the Senate for Senate confirmation (all appointees are submitted as members unless otherwise specified): TERM ATHLETIC TRAINING, BOARD OF EXAMINERS FOR (Sec. 147.14) Dr. Timothy A. Gibbons, Mason City 12/09/1998 - 04/30/2000 CIVIL RIGHTS COMMISSION, DIRECTOR OF THE IOWA STATE (Sec. 216.3) Diann Wilder-Tomlinson, Ankeny 01/22/1999 - Pleasure of Governor CULTURAL AFFAIRS, DIRECTOR OF THE DEPARTMENT OF (Sec. 303.1) Daniel Rhodes Hunter, Des Moines 01/19/1999 - Pleasure of Governor DENTAL EXAMINERS, BOARD OF (Sec. 147.14) Dr. Richard M. Reay, Johnston 07/01/1998 - 04/30/1999 DIETETIC EXAMINERS, BOARD OF (Sec. 147.14) George M. Price, West Des Moines 12/17/1998 - 04/30/2000 ECONOMIC DEVELOPMENT BOARD, IOWA (Sec. 15.103) Robert C. Bocken, Fort Dodge 07/01/1998 - 04/30/1999 EDUCATIONAL EXAMINERS, BOARD OF (Sec. 272.3) Marie L. Grabenbauer, Des Moines 12/17/1998 - 04/30/1999 ELDER AFFAIRS, DIRECTOR OF THE DEPARTMENT OF (Sec. 231.22) Judith Anne Conlin, Ames 02/15/1999 - Pleasure of Governor EMERGENCY RESPONSE COMMISSION, IOWA (Sec. 30.2) John R. Krogh, Ankeny 09/14/1998 - 04/30/2000 EMPOWERMENT BOARD, IOWA (Sec. 7I.2) Dr. Robert D. Koob, Cedar Falls 11/09/1998 - 04/30/2000 Jennifer L. Lightbody, Sioux City 11/09/1998 - 04/30/2001 Cheryle W. Mitvalsky, Cedar Rapids 11/09/1998 - 04/30/2002 Matthew J. Mohrfeld, Fort Madison 11/09/1998 - 04/30/2001 Carolyn D. Olson-Illg, Fort Dodge 11/09/1998 - 04/30/2001 W. Fletcher Reel, Missouri Valley 11/09/1998 - 04/30/2002 Clark A. Smith, Des Moines 11/09/1998 - 04/30/2000 Nancy S. Van Milligen, Dubuque 11/09/1998 - 04/30/2002 GRAIN INDEMNITY FUND BOARD, IOWA (Sec. 203D.4) Edwin J. Hershberger, Kalona 09/23/1998 - 04/30/2001 HEALTH FACILITIES COUNCIL (Sec. 135.62) Joseph B. Ryan, West Des Moines 12/17/1998 - 04/30/2003 HEALTHY AND WELL KIDS IN IOWA (HAWK-I) BOARD (Sec. 514I.4) Sister Helen M. Huewe, Dubuque 06/01/1998 - 04/30/2000 Eldon E. Huston, Des Moines 06/01/1998 - 04/30/2000 David W. Krutzfeldt, Oskaloosa 06/01/1998 - 04/30/2000 Nancy B. Mounts, Sioux City 06/01/1998 - 04/30/2000 HEARING AID DEALERS, BOARD OF EXAMINERS FOR THE LICENSING AND REGULATION OF (Sec. 154A.2) Michael J. Wolnerman, West Des Moines 07/31/1998 - 04/30/2001 HUMAN RIGHTS, DIRECTOR OF THE DEPARTMENT OF (Sec. 216A.2) Rose A. Vasquez, Des Moines 02/05/1999 - Pleasure of Governor INSPECTIONS AND APPEALS, DIRECTOR OF THE DEPARTMENT OF (Sec. 10A.102) Kevin W. Techau, Des Moines 02/01/1999 - Pleasure of Governor IOWA FINANCE AUTHORITY, EXECUTIVE DIRECTOR OF (Sec. 16.6) Darlene Marie Jeris, Des Moines 02/01/1999 - Pleasure of Governor IPERS, INVESTMENT BOARD OF THE (Sec. 97B.8) Thomas D. Whitson, McClelland 06/30/1998 - 04/30/2003 JUDICIAL NOMINATING COMMISSION, STATE (Sec. 46.1) Robert H. Furleigh, Clear Lake 04/23/1998 - 04/30/2001 MANAGEMENT, DIRECTOR OF THE DEPARTMENT OF (Sec. 8.4) Cynthia P. Eisenhauer, Ankeny 01/15/1999 - Pleasure of Governor MASSAGE THERAPY, BOARD OF EXAMINERS FOR (Sec. 147.14) Robert G. Buchanan, Cedar Rapids 12/09/1998 - 04/30/2001 Janet A. Gentle, Manson 12/09/1998 - 04/30/1999 Jill M. Kochel, Des Moines 12/09/1998 - 04/30/2001 Lois A. Leytem, Dubuque 09/14/1998 - 04/30/1999 Gloria J. Pezzetti, Stuart 09/14/1998 - 04/30/2000 E. Howard Sonksen, Clear Lake 09/14/1998 - 04/30/2000 Ralph R. Stephens, Walford 09/14/1998 - 04/30/2000 NATURAL RESOURCES, DIRECTOR OF THE DEPARTMENT OF (Sec. 455A.3) Paul W. Johnson, Decorah 01/19/1999 - Pleasure of Governor PAROLE, BOARD OF (Sec. 904A.3) Jacklyn Van Ekeren Romp, Des Moines 12/31/1998 - 04/30/2001 PODIATRY EXAMINERS, BOARD OF (Sec. 147.14) Dr. Kim T. Lozier, Waterloo 07/01/1998 - 04/30/2001 Dr. Kyle F. Whitten, Urbandale 07/01/1998 - 04/30/2001 PREVENTION OF DISABILITIES POLICY COUNCIL (Sec. 225B.3) Dr. Don C. Van Dyke, Iowa City 10/01/1998 - 04/30/2000 PSYCHOLOGY EXAMINERS, BOARD OF (Sec. 147.14) Dr. Jacob O. Sines, Iowa City 05/06/1998 - 04/30/1999 PUBLIC SAFETY, COMMISSIONER OF (Sec. 80.2) E.A. "Penny" Westfall, Van Meter 01/15/1999 - Pleasure of Governor SOCIAL WORK EXAMINERS, BOARD OF (Sec. 147.14) Jennifer L. Oman, Des Moines 07/01/1998 - 04/30/2001 James L. Yeast, Dubuque 07/01/1998 - 04/30/2000 TITLE GUARANTY DIVISION BOARD (Sec. 16.2) Christine A. Hunziker, Ames 12/17/1998 - 04/30/2001 WORKFORCE DEVELOPMENT BOARD, IOWA (Sec. 84A.1A) Sarah A. Falb, West Union 12/17/1998 - 04/30/2000 Daniel A. Purcell, Algona 11/01/1998 - 04/30/2000 The appointments were referred to the committee on Rules and Administration. REPORT OF THE COMMITTEE ON RULES AND ADMINISTRATION The committee on Rules and Administration referred the following Governor's appointments to state boards, commissions, and departments to Senate standing committees as indicated for investigation on February 10, 1999: AGRICULTURE Edwin J. Hershberger - Iowa Grain Indemnity Fund Board BUSINESS AND LABOR Sarah A. Falb - Iowa Workforce Development Board Daniel A. Purcell - Iowa Workforce Development Board COMMERCE Christine A. Hunziker - Title Guaranty Division Board EDUCATION Daniel Rhodes Hunter - Director of the Department of Cultural Affairs Marie L. Grabenbauer - Board of Educational Examiners HUMAN RESOURCES Dr. Timothy A. Gibbons - Board of Examiners for Athletic Training Judith Anne Conlin - Director of the Department of Elder Affairs Dr. Robert D. Koob - Iowa Empowerment Board Jennifer L. Lightbody - Iowa Empowerment Board Nancy S. Van Milligen - Iowa Empowerment Board Cheryle W. Mitvalsky - Iowa Empowerment Board Matthew J. Mohrfeld - Iowa Empowerment Board Carolyn D. Olson-Illg - Iowa Empowerment Board W. Fletcher Reel - Iowa Empowerment Board Clark A. Smith - Iowa Empowerment Board Sister Helen M. Huewe - Healthy and Well Kids in Iowa (HAWK-I) Board Eldon E. Huston - Healthy and Well Kids in Iowa (HAWK-I) Board David W. Krutzfeldt - Healthy and Well Kids in Iowa (HAWK-I) Board Nancy B. Mounts - Healthy and Well Kids in Iowa (HAWK-I) Board Joseph B. Ryan - Health Facilities Council Rose A. Vasquez - Director of the Department of Human Rights Dr. Don C. Van Dyke - Prevention of Disabilities Policy Council JUDICIARY Diann Wilder-Tomlinson - Director of the Iowa State Civil Rights Commission Robert H. Furleigh - State Judicial Nominating Commission Jacklyn Van Ekeren Romp - Board of Parole NATURAL RESOURCES AND ENVIRONMENT Paul W. Johnson - Director of the Department of Natural Resources SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Robert C. Bocken - Iowa Economic Development Board STATE GOVERNMENT Dr. Richard M. Reay - Board of Dental Examiners George M. Price - Board of Dietetic Examiners John R. Krogh - Iowa Emergency Response Commission Michael J. Wolnerman - Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers Kevin W. Techau - Director of the Department of Inspections and Appeals Thomas D. Whitson - Investment Board of the IPERS Robert G. Buchanan - Board of Examiners for Massage Therapy Janet A. Gentle - Board of Examiners for Massage Therapy Jill M. Kochel - Board of Examiners for Massage Therapy Lois A. Leytem - Board of Examiners for Massage Therapy Gloria J. Pezzetti - Board of Examiners for Massage Therapy E. Howard Sonksen - Board of Examiners for Massage Therapy Ralph R. Stephens - Board of Examiners for Massage Therapy Cynthia P. Eisenhauer - Director of Department of Management Dr. Kim T. Lozier - Board of Podiatry Examiners Dr. Kyle F. Whitten - Board of Podiatry Examiners Dr. Jacob O. Sines - Board of Psychology Examiners Jennifer L. Oman - Board of Social Work Examiners James L. Yeast - Board of Social Work Examiners TRANSPORTATION E.A. "Penny" Westfall - Commissioner of Public Safety WAYS AND MEANS Darlene Marie Jeris - Executive Director of Iowa Finance Authority REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 10, 1999, 9:50 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Governor's recommendation for Dept. of General Service. Presentation by Foster Care Review Board. Adjourned: 11:06 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 10, 1999, 9:52 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member; and McKibben. Members Absent: Dearden. Committee Business: Presentation on Case Management Program. Presentations by Dept. of Elder Affairs and Public Health Nurses. Adjourned: 11:39 a.m. BUSINESS AND LABOR RELATIONS Convened: February 10, 1999, 1:06 p.m. Members Present: McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking Member; Hansen, Hedge, Horn, King, Rife, and Schuerer. Members Absent: Behn and Fraise (both excused). Committee Business: Presentations by representatives from DMACC, John Deere Des Moines Works, UAW Local 450, and a John Deere Team Scholars student on the Accelerated Career Education (ACE). Adjourned: 2:00 p.m. COMMERCE Convened: February 10, 1999, 3:10 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: Presentation by Superintendent of Banking. Adjourned: 4:01 p.m. EDUCATION Convened: February 10, 1999, 1:40 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Dvorsky, Harper, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Members Absent: Connolly, Ranking Member; Angelo, Boettger, Fink, Gaskill, and Redwine (all excused). Committee Business: Subcommittee assignments. Adjourned: 1:41 p.m. HUMAN RESOURCES Convened: February 10, 1999, 2:05 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: Behn (excused). Committee Business: Subcommittee assignments. Adjourned: 2:10 p.m. TRANSPORTATION Convened: February 10, 1999, 2:07 p.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Fink, Freeman, Jensen, Kibbie, McKibben, Rittmer, Judge, and Zieman. Members Absent: Fraise and McKean (both excused). Committee Business: Presentation by Access Air. Adjourned: 2:35 p.m. WAYS AND MEANS Convened: February 10, 1999, 4:09 p.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup. Members Absent: McLaren (excused). Committee Business: Approved SSB 1043. Passed SF 72. Adjourned: 4:17 p.m. PETITION The following petition was presented and placed on file by: Senator Drake, from twenty-seven residents of Muscatine County, favoring legislation for a Fuel Quality Standard for Iowa. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: John Ruan - Happy Birthday! Thank you for all you have done for Iowa. Senator Szymoniak (2/10/99). STUDY BILLS RECEIVED SSB 1100 State Government Relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, and rescinding the nine- year period of operation for certain licenses. SSB 1101 Commerce Relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions. SSB 1102 State Government Providing registration requirements and establishing a scope of authority for dental assistants. SSB 1103 Education Relating to the establishment of an Iowa early intervention program, and making appropriations. SSB 1104 Education Relating to the description of disabilities of individuals receiving vocational rehabilitation services. SSB 1105 Human Resources Relating to child care provisions administered by the department of human services and to the terminology used to describe child care, making an appropriation of civil penalties, and including an effective date and applicability provisions. SUBCOMMITTEE ASSIGNMENTS Senate File 94 EDUCATION: Gaskill, Chair; Sexton and Szymoniak Senate File 107 EDUCATION: Veenstra, Chair; Boettger and Fink Senate File 110 WAYS AND MEANS: McLaren, Chair; Bolkcom and Hedge Senate File 116 WAYS AND MEANS: Drake, Chair; Flynn and Johnson Senate File 119 WAYS AND MEANS: Flynn, Chair; Drake and Johnson Senate File 121 WAYS AND MEANS: Lamberti, Chair; Connolly and McLaren Senate File 124 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Black and King SSB 1100 STATE GOVERNMENT: Lundby, Chair; Kibbie and Rittmer SSB 1101 COMMERCE: Schuerer, Chair; Hansen and Redwine SSB 1102 STATE GOVERNMENT: Rittmer, Chair; Lundby and Szymoniak SSB 1103 EDUCATION: Redfern, Chair; Connolly, Dvorsky, Rehberg, Sexton, Szymoniak, and Veenstra SSB 1104 EDUCATION: Sexton, Chair; Harper and Tinsman SSB 1105 HUMAN RESOURCES: Bartz, Chair; Behn and Dvorsky ANNOUNCEMENT OF APPOINTMENTS BY THE PRESIDENT OF THE SENATE President Kramer announced the following senatorial appointments after consultation with the majority and minority leaders: February 1, 1999 Public Retirement Systems Committee Sheldon Rittmer, Chair Richard F. Drake Mary A. Lundby John P. Kibbie Michael W. Connolly IPERS Advisory Board John P. Kibbie Iowa Comprehensive Health Insurance Association Elaine Szymoniak Iowa Economic Development Board E. Thurman Gaskill John Judge Agricultural Energy Management Advisory Council Jeff Angelo Eugene Fraise Communications Review Committee Merlin E. Bartz Steve King Robert E. Dvorsky Energy Fund Disbursement Council Mary Lou Freeman Joe Bolkcom Functional Classification Review Board Mary A. Lundby Child Support Advisory Committee Nancy J. Boettger Matt McCoy Prevention of Disabilities Policy Council Maggie Tinsman Robert E. Dvorsky Agricultural Education Advisory Council John Judge Committee on the Status of Women Gene Maddox Patricia M. Harper Municipal Police and Fire Retirement System Mary A. Lundby Steven D. Hansen Capitol Planning Commission John W. Jensen Dennis H. Black Workforce Development Board Mary A. Lundby Betty Soukup Renewable Fuel and Coproducts Advisory Committee JoAnn Johnson Bill Fink Commission on Elder Affairs Sheldon Rittmer John P. Kibbie Rural Health and Primary Care Advisory Committee Ken Veenstra Betty Soukup Law Enforcement Council Jeff Lamberti Criminal and Juvenile Justice Advisory Gene Maddox Robert E. Dvorsky Education Commission of the States Mary Kramer Michael W. Connolly Innovation Zone Board Maggie Tinsman Patricia M. Harper College Student Aid Commission Donald B. Redfern Medical Assistance Council Maggie Tinsman Elaine Szymoniak Council on Human Investment Neal Schuerer Tom Flynn State Child Day Care Advisory Committee Kitty Rehberg Iowa Council for Early Intervention Services Nancy J. Boettger Y2K Planning Team Steve King Birth Defects Advisory Council Kitty Rehberg INTRODUCTION OF BILL Senate File 134, by Johnson, Hedge, Jensen, Bartz, King, Veenstra, Redwine, Kibbie, Miller, Bolkcom, Kramer, Boettger, Sexton, Fraise, Fink, Maddox, McKean, Soukup, Judge, Flynn, Shearer, Connolly, Black, Zieman, Hansen, Rittmer, Angelo, Schuerer, Drake, Behn, Freeman, Rife, Lamberti, McKibben, and Rehberg, a bill for an act prohibiting processors and certain other entities from owning, controlling, or operating a feedlot and making penalties applicable. Read first time under Rule 28 and referred to committee on Agriculture. AMENDMENTS FILED S-3007 S.R. 3 H. Kay Hedge S-3008 S.F. 52 Steven D. Hansen S-3009 S.F. 115 Tom Flynn S-3010 S.F. 115 Matt McCoy Tom Flynn S-3011 S.F. 115 Dick L. Dearden Eugene Fraise S-3012 S.F. 106 Neal Schuerer Mark Shearer Richard F. Drake S-3013 S.F. 113 John W. Jensen S-3014 S.F. 115 Michael E. Gronstal S-3015 S.F. 106 John W. Jensen John P. Kibbie S-3016 S.F. 106 Neal Schuerer Mark Shearer Richard F. Drake John W. Jensen John P. Kibbie ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 8:23 p.m., until 9:00 a.m., Thursday, February 11, 1999. 270 JOURNAL OF THE SENATE 31st Day 31st Day WEDNESDAY, FEBRUARY 10, 1999 269
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