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Senate Journal: Thursday, February 11, 1999

  THIRTY-SECOND CALENDAR DAY
  TWENTIETH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, February 11, 1999

  The Senate met in regular session at 9:00 a.m., President pro tempore
  Redfern presiding.

  Prayer was offered by Pastor Mark Sherwood, of the Berean Baptist Church,
  Perry, Iowa.

  The Journal of Wednesday, February 10, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator McCoy until he arrives, on request of Senator Sexton.

  Senators Black and Soukup until they arrive, on request of Senator Hansen.

  Senator Lundby until she arrives, on request of Senator Boettger.

  ADOPTION OF RESOLUTION

  Senator Iverson asked and received unanimous consent to take up for
  consideration Senate Resolution 5.

  Senate Resolution 5

  On motion of Senator Iverson, Senate Resolution 5, a resolution relating to
  gubernatorial appointments, was taken up for
  consideration.

  Senator Iverson moved the adoption of Senate Resolution 5, which motion
  prevailed by a voice vote.
  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Flynn for the day and Senator Connolly until he arrives, on request
  of Senator Gronstal.

  Senators Behn, Maddox, McKibben, Black, and Drake until their arrival, on
  request of Senator Iverson.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up for
  consideration Senate File 99.

  Senate File 99

  On motion of Senator Szymoniak, Senate File 99, a bill for an act providing
  for a change in the composition requirement for
  nurses on the Iowa board of nursing examiners, was taken up for
  consideration.

  Senator Szymoniak 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. 99), the vote was:

  Ayes, 39:

  Angelo	Bartz	Boettger	Bolkcom	Dearden	Deluhery	Dvorsky	Fink	Freeman	Gaskill	
  Gronstal
  Hammond	Hansen	Harper	Hedge	Horn	Iverson	Jensen	Johnson	Judge	Kibbie	King	
  Kramer
  Lamberti	McKean	McLaren	Miller	Redfern	Redwine	Rehberg	Rife	Rittmer	Schuerer	
  Sexton	Shearer
  Szymoniak	Tinsman	Veenstra	Zieman

  Nays, none.
  Absent or not voting, 11:

  Behn	Black	Connolly	Drake	Flynn	Fraise	Lundby	Maddox	McCoy	McKibben	Soukup

  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 99 be
  immediately messaged to the House.
  APPENDIX

  APPOINTMENTS TO BOARDS AND COMMISSIONS

  In accordance with Senate Rule 59, the following senators were appointed to
  subcommittees of standing committees on February
  10, 1999, to investigate the appointment and reappointment of the following
  appointees:

  AGRICULTURE

  As a member of the Iowa Grain Indemnity Fund Board:

  EDWIN J. HERSHBERGER - Miller, Chair; Behn and Hedge

  BUSINESS AND LABOR

  As members of the Iowa Workforce Development Board:

  SARAH A. FALB - Hedge, Chair; Rife and Fraise
  DANIEL A. PURCELL - Horn, Chair; Behn and Schuerer

  COMMERCE

  As a member of the Title Guaranty Division Board:

  CHRISTINE A. HUNZIKER - Johnson, Chair; Redwine and Deluhery

  EDUCATION

  As Director of the Department of Cultural Affairs:

  DANIEL RHODES HUNTER - Szymoniak, Chair; Veenstra and Tinsman

  As a member of the Board of Educational Examiners:

  MARIE L. GRABENBAUER - Angelo, Chair; Sexton and Harper

  HUMAN RESOURCES

  As a member of the Board of Examiners for Athletic Training:

  DR. TIMOTHY A. GIBBONS - Bartz, Chair; Dvorsky and Tinsman

  As Director of the Department of Elder Affairs:

  JUDITH ANNE CONLIN - Hammond, Chair; Miller and Schuerer
  As members of the Iowa Empowerment Board:

  DR. ROBERT D. KOOB - Boettger, Chair; Szymoniak and Tinsman
  JENNIFER L. LIGHTBODY - Behn, Chair; Redwine and Hammond
  NANCY S. VAN MILLIGEN - Harper, Chair; Boettger and Behn
  CHERYLE W. MITVALSKY - Boettger, Chair; Harper and Szymoniak
  MATTHEW J. MOHRFELD - Shearer, Chair; Tinsman and Boettger
  CAROLYN D. OLSON-ILLG - Tinsman, Chair; Szymoniak and Harper
  W. FLETCHER REEL - Schuerer, Chair; Behn and Hammond
  CLARK A. SMITH - Veenstra, Chair; Tinsman and Szymoniak

  As members of the Healthy and Well Kids in Iowa (HAWK-I) Board:

  SISTER HELEN M. HUEWE - Dvorsky, Chair; Behn and Miller
  ELDON E. HUSTON - Szymoniak, Chair; Tinsman and Behn
  DAVID W. KRUTZFELDT - Redwine, Chair; Miller and Shearer
  NANCY B. MOUNTS - Redwine, Chair; Miller and Shearer

  As a member of the Health Facilities Council:

  JOSEPH B. RYAN - Szymoniak, Chair; Miller and Veenstra

  As Director of the Department of Human Rights:

  ROSE A. VASQUEZ - Szymoniak, Chair; Veenstra and Miller

  As a member of the Prevention of Disabilities Policy Council:

  DR. DON C. VAN DYKE - Dvorsky, Chair; Miller and Tinsman

  JUDICIARY

  As Director of the Iowa State Civil Rights Commission:

  DIANN WILDER-TOMLINSON - McKean, Chair; Hammond and Redfern

  As a member of the State Judicial Nominating Commission:

  ROBERT H. FURLEIGH - Horn, Chair; McKibben and Boettger

  As a member of the Board of Parole:

  JACKLYN VAN EKEREN ROMP - Maddox, Chair; Dvorsky and Lamberti

  NATURAL RESOURCES AND ENVIRONMENT

  As Director of the Department of Natural Resources:

  PAUL W. JOHNSON - King, Chair; Gaskill, Bartz, Fink, and Black
  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM

  As a member of the Iowa Economic Development Board:

  ROBERT C. BOCKEN - Sexton, Chair; Behn and Hansen

  STATE GOVERNMENT

  As a member of the Board of Dental Examiners:

  DR. RICHARD M. REAY - Maddox, Chair; Connolly and Sexton

  As a member of the Board of Dietetic Examiners:

  GEORGE M. PRICE - Szymoniak, Chair; Lamberti and Schuerer

  As a member of the Iowa Emergency Response Commission

  JOHN R. KROGH - Lamberti, Chair; Deluhery and King

  As a member of the Board for the Licensing and Regulation of Hearing Aid
  Dealers:

  MICHAEL J. WOLNERMAN - Szymoniak, Chair; Maddox and Sexton

  As Director of the Department of Inspections and Appeals:

  KEVIN W. TECHAU - Szymoniak, Chair; Sexton and Drake

  As a member of the Investment Board of the IPERS:

  THOMAS D. WHITSON - Drake, Chair; Kibbie and Lundby

  As members of the Board of Examiners for Massage Therapy:

  ROBERT G. BUCHANAN - Lundby, Chair; Schuerer and McLaren
  JANET A. GENTLE - Fink, Chair; Schuerer and Lundby
  JILL M. KOCHEL - Maddox, Chair; Szymoniak and Lamberti
  LOIS A. LEYTEM - Connolly, Chair; Lundby and King
  GLORIA J. PEZZETTI - Maddox, Chair; Szymoniak and Drake
  E. HOWARD SONKSEN - Kibbie, Chair; Schuerer and Sexton
  RALPH R. STEPHENS - Schuerer, Chair; Connolly and King

  As Director of Department of Management:

  CYNTHIA P. EISENHAUER - Dearden, Chair; Lamberti and Maddox

  As members of the Board of Podiatry Examiners:

  DR. KIM T. LOZIER - Schuerer, Chair; Lundby and Sexton
  DR. KYLE F. WHITTEN - Lamberti, Chair; Szymoniak and Maddox
  As a member of the Board of Psychology Examiners:

  DR. JACOB O. SINES - Deluhery, Chair; Drake and Schuerer

  As members of the Board of Social Work Examiners:

  JENNIFER L. OMAN - Deluhery, Chair; King and Sexton
  JAMES L. YEAST - Connolly, Sexton and McLaren

  TRANSPORTATION

  As Commissioner of Public Safety:

  E.A. "PENNY" WESTFALL - Drake, Chair; Jensen and Fraise

  WAYS AND MEANS

  As Executive Director of Iowa Finance Authority:

  DARLENE MARIE JERIS - Lamberti, Chair; Redwine and Harper


  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 11, 1999, 10:05 a.m.

  Members Present:  Behn, Chair; Hedge, Vice Chair; Fink and Gaskill.

  Members Absent:  Black, Ranking Member (excused).

  Committee Business:  Presentation by Dept. of Public Health.

  Adjourned:  11:35 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 11, 1999, 9:58 a.m.

  Members Present:  Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking
  Member; Lamberti and Judge.

  Members Absent:  None.

  Committee Business:  Presentation by Dept. of Economic Development, Business
  Development Division.

  Adjourned:  10:54 a.m.
  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 11, 1999, 10:05 a.m.

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

  Members Absent:  McLaren (excused).

  Committee Business:  Presentation by ISU.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 11, 1999, 10:05 a.m.

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

  Members Absent:  Dearden and McKibben (excused).

  Committee Business:  Presentations regarding methamphetamine.

  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 11, 1999, 10:07 a.m.

  Members Present:  Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking
  Member; and McKean.

  Members Absent:  Fraise (excused).

  Committee Business:  Dept. of Public Safety budget recommendation and
  issues.

  Adjourned:  11:42 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 11, 1999, 10:10 a.m.

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

  Members Absent:  Rittmer and Lundby, Vice Chair (excused).

  Committee Business:  Presentation by the Board of Regents.

  Adjourned:  11:30 a.m.
  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE AND CAPITALS

  Convened:  February 11, 1999, 10:00 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations by Dept. of Public Defense, DOT, and DNR.

  Adjourned:  11:30 a.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 11, 1999, 1:02 p.m.

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

  Members Absent:  Drake, Miller, and Rife (all excused).

  Committee Business:  Amended SSB 1090.

  Adjourned:  1:50 p.m.

  CERTIFICATES OF RECOGNITION

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

  Brad Clark, Pella - For being an outstanding community volunteer and for
  receiving a bronze Distinguished Finalist medallion from The Prudential
  Insurance
  Company of America.  Senator Hedge (02/11/99).

  Valley High School, West Des Moines - For being selected as the National
  GRAMMY Signature School.  Senator Maddox (02/11/99).

  INTRODUCTION OF BILLS

  Senate File 135, by Lamberti, Kramer, Gronstal, McKibben, Horn, Lundby,
  Schuerer, Hansen, and McCoy, a bill for an act
  authorizing the establishment of an accelerated career education program and
  providing a tax credit from withholding.

  Read first time under Rule 28 and referred to committee on Business and
  Labor Relations.
  Senate File 136, by committee on Ways and Means, a bill for an act relating
  to the administration of the tax and related laws by %'% the department of
  revenue and finance, including administration of state individual income,
  corporate income, franchise, sales and %'% use, motor fuel, cigarette and
  tobacco, local option, inheritance and estate, and property taxes, and the
  livestock production credit;
  providing penalties; and including effective and retroactive applicability
  date provisions.

  Read first time under Rule 28 and placed on Ways and Means calendar.

  Senate File 137, by committee on Ways and Means, a bill for an act relating
  to funding for the arts by providing an Iowa
  individual income tax checkoff for the arts, making an appropriation, and
  providing a retroactive applicability date.

  Read first time under Rule 28 and placed on Ways and Means calendar.

  STUDY BILLS RECEIVED

  SSB 1106	Local Government

  Relating to the authority of counties and cities to require storm shelters
  in mobile home parks, providing a property tax
  exemption, and providing a retroactive applicability date.

  SSB 1107	Local Government

  Relating to the powers and duties of county treasurers by amending Code
  sections pertaining to special assessments on certain
  motor vehicle ownership transfers, tax statement addresses, city utility
  liens, taxation of buildings or improvements, tax
  redemption, and tax clearance statements for mobile homes, and providing
  effective date and applicability date provisions.

  SSB 1108	Judiciary

  To change the penalty for and to reclassify certain misdemeanors.
  SSB 1109	Judiciary

  Requiring that the clerk of the district court confirm that notice has been
  given to required parties prior to the filing of a
  nonstatutory lien.

  SSB 1110	Judiciary

  Relating to lifetime registration for certain sex offenders, the performance
  of sex offender risk assessments, and the procedures %'% for dissemination
  of registry information to agencies and the public.

  SSB 1111	Judiciary

  Creating the new criminal offense of disarming a peace officer of a
  dangerous weapon.

  SSB 1112	State Government

  Relating to practices and procedures of the department of general services,
  regulating state purchasing of recycled paper,
  modifying an appropriation to the department, and providing an effective
  date.

  SSB 1113	State Government

  Establishing a commission on the status of Iowans of Asian and Pacific
  Islander heritage within the department of human rights.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 74

  STATE GOVERNMENT:  Rittmer, Chair; Dearden and McLaren

  Senate File 111

  LOCAL GOVERNMENT:  Fraise, Chair; McKibben and Miller

  Senate File 120

  STATE GOVERNMENT:  Sexton, Chair; Dearden and McLaren

  Senate File 122

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and Lundby
  Senate File 123

  LOCAL GOVERNMENT:  Gaskill, Chair; Bolkcom and McKean

  Senate File 126

  WAYS AND MEANS:  McKibben, Chair; Bolkcom and Johnson

  Senate File 127

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and Lundby

  Senate File 132

  WAYS AND MEANS:  Johnson, Chair; Drake and Flynn

  Senate File 133

  WAYS AND MEANS:  Drake, Chair; Deluhery and Johnson

  House File 238

  HUMAN RESOURCES:  Hammond, Chair; Bartz and Schuerer

  SSB 1106

  LOCAL GOVERNMENT:  Miller, Chair; Fraise and Zieman

  SSB 1107

  LOCAL GOVERNMENT:  Bartz, Chair; Bolkcom and Zieman

  SSB 1108

  JUDICIARY:  Lamberti, Chair; Hansen and McKean

  SSB 1109

  JUDICIARY:  Lamberti, Chair; Boettger and Fraise

  SSB 1110

  JUDICIARY:  Angelo, Chair; Dvorsky and Tinsman

  SSB 1111

  JUDICIARY:  McKibben, Chair; Lamberti and McCoy

  SSB 1112

  STATE GOVERNMENT:  Maddox, Chair; Fink and Schuerer
  SSB 1113

  STATE GOVERNMENT:  Maddox, Chair; Deluhery and Lamberti

  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  February 11, 1999, when the vote was taken on Senate File 99. Had I been
  present, I would have voted "Aye."

  MICHAEL W. CONNOLLY

  COMMITTEE REPORTS

  WAYS AND MEANS

  Final Bill Action:  SENATE FILE 136 (SSB 1043), a bill for an act relating
  to the administration of the tax and related laws by the department of
  revenue and
  finance, including administration of state individual income, corporate
  income, franchise, sales and use, motor fuel, cigarette and tobacco, local
  option, inheritance
  and estate, and property taxes, and the livestock production credit;
  providing penalties; and including effective and retroactive applicability
  date provisions.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup.  Nays,
  none.  Absent or not voting, 1:  McLaren.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  *SENATE FILE 137 (Formerly SF 72), a bill for an act
  relating to funding for the arts by providing an Iowa individual income tax
  checkoff for
  the arts, making an appropriation, and providing a retroactive applicability
  date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 14:  Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly,
  Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, Redwine, and Soukup.  Nays,
  none.  Absent or not voting, 1:  McLaren.

  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 Ways and Means Committee on
  Senate File
  137, and they were attached to the committee report.
  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:12 a.m., until 1:00
  p.m., Monday, February 15, 1999.
  284	JOURNAL OF THE SENATE	32nd Day
  32nd Day	THURSDAY, FEBRUARY 11, 1999	285

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