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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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