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THIRTY-SEVENTH CALENDAR DAY TWENTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 16, 1999 The Senate met in regular session at 9:06 a.m., President Kramer presiding. Prayer was offered by Pastor Mark Gerken, of the Faith Lutheran Church, Adel, Iowa. The Journal of Monday, February 15, 1999, was approved. SPECIAL GUESTS Senator Black presented the Honorable Robert Anderson, former Lieutenant Governor from Newton, Iowa. Lieutenant Governor Anderson was joined by ten business people from the Republic of Georgia, who are visiting Iowa to explore business practices. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Fraise for the day, on request of Senator Gronstal. APPOINTMENT OF MEMORIAL COMMITTEE Senator Iverson announced the appointment of the following Senators to the Memorial Committee: Senators Drake, Chair; Bartz, Maddox, Connolly, Kibbie, and Shearer. INTRODUCTION OF BILLS Senate File 147, by Connolly, a bill for an act relating to the approval and administration of pilot community education programs, and making an appropriation. Read first time and referred to committee on Education. Senate File 148, by Angelo, Judge, and Miller, a bill for an act establishing a southern Iowa development and conservation authority, specifying membership, powers, and duties, creating a southern Iowa development and conservation fund, and providing for other properly related matters. Read first time and referred to committee on Natural Resources and Environment. Senate File 149, by committee on Transportation, a bill for an act establishing a time limit for disallowance or reduction of motor vehicle warranty claims, relating to establishment of motor vehicle service or warranty facilities, and making a penalty applicable. Read first time and placed on calendar. RECESS On motion of Senator Iverson, the Senate recessed at 9:18 a.m., until 4:30 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: January 27, 1999, 9:35 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; Flynn and Sexton. Members Absent: McCoy, Ranking Member (excused). Committee Business: Budget presentations by Dept. of General Services and Secretary of State, Chet Culver. Adjourned: 11:07 a.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 11, 1999, 9:35 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Department handouts by LFB. Subcommittee assignments. Adjourned: 11:00 a.m. JUDICIARY Convened: February 15, 1999, 3:40 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Members Absent: Fraise (excused). Committee Business: Subcommittee assignments. Approved SSB 1093. Recommended confirmation of governor's appointee. Adjourned: 4:04 p.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 16, 1999, 9:45 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; and Sexton. Members Absent: Flynn (excused). Committee Business: LFB handouts from General Services and Dept. of Inspections and Appeals. Discussion of Hoover front desk position. Adjourned: 10:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 16, 1999, 9:38 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: None. Committee Business: Presentations by DED Tourism Division and DED International Division. Adjourned: 11:05 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 16, 1999, 9:45 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: Presentation by the U of I. Adjourned: 11:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 16, 1999, 9:42 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentations regarding brain injury issues, IMPACT, and Community Mental Health Center. Adjourned: 12:07 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 16, 1999, 9:40 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; and McKean. Members Absent: Dvorsky, Ranking Member; and Fraise (excused). Committee Business: Presentations by Dept. of Public Safety and the Governor's Alliance on Substance Abuse (GASA). Adjourned: 10:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 16, 1999, 9:40 a.m. Members Present: King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: None. Committee Business: Presentation by Hitachi Data Systems. Adjourned: 10:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: February 16, 1999, 9:40 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson and Shearer. Members Absent: None. Committee Business: Presentation by Iowa Hall of Pride. Dept. of Transportation FY2000 budget session. Adjourned: 11:10 a.m. AGRICULTURE Convened: February 16, 1999, 8:01 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Black, Hedge, Kibbie, Sexton, Shearer, Soukup, Judge, Veenstra, and Zieman. Members Absent: Behn (excused). Committee Business: Presentation by West Central Co-op. Adjourned: 8:33 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 16, 1999, 2:04 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Miller, and Rehberg. Members Absent: Gaskill and Rife (both excused). Committee Business: Passed SF 75. Presentations by DNR and Malocological Consultants. Adjourned: 3:05 p.m. STATE GOVERNMENT Convened: February 16, 1999, 1:03 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: Subcommittee assignments. Adjourned: 1:58 p.m. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Fred Lucas, Sigourney - For achieving the rank of Eagle Scout. Senator Hedge (02/16/99). GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointees assigned to standing committees for investigation were placed on the En Bloc Calendar with recommendations for confirmation on February 15, 1999: JUDICIARY Robert H. Furleigh - State Judicial Nominating Commission Jacklyn Van Ekeren Romp - Board of Parole GOVERNOR'S APPOINTEE PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointee assigned to standing committee for investigation was placed on the Individual Confirmation Calendar with recommendation for confirmation on February 15, 1999: JUDICIARY Diann Wilder-Tomlinson - Director of the Iowa State Civil Rights Commission STUDY BILLS RECEIVED SSB 1120 Local Government Providing that a county enterprise includes housing for persons who are elderly or persons with physical disabilities. SSB 1121 Human Resources Relating to welfare reform provisions involving the family investment program and individual development accounts. SSB 1122 Commerce Relating to entities and subject matter under the regulatory authority of the insurance division, including securities, business opportunities, cemetery merchandise and residential service contracts, providing for fees, and establishing penalties. SSB 1123 Commerce Providing for access to a safe deposit box on the death of the owner or lessee of such box, and exempting state banks from liability associated with such access. SSB 1124 Commerce Relating to the deposit of public funds and the conditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits. SSB 1125 Agriculture Providing for the demonstration of best management practices to assist livestock producers in storing, transporting, and applying manure. SSB 1126 Agriculture Relating to liens arising out of contracts involving the care and feeding of livestock, and providing an effective date. SSB 1127 Small Business, Economic Development and Tourism Relating to linked investment deposits by providing a low-interest loan program to assist persons involved in value-added agricultural processing. SUBCOMMITTEE ASSIGNMENTS Senate File 129 JUDICIARY: Maddox, Chair; Boettger and Horn Senate File 130 COMMERCE: Jensen, Chair; Gronstal and Maddox Senate File 131 AGRICULTURE: Angelo, Chair; Judge and Veenstra Senate File 134 AGRICULTURE: Gaskill, Chair; Black and Miller Senate File 138 BUSINESS AND LABOR RELATIONS: King, Chair; Behn and Dearden Senate File 142 NATURAL RESOURCES AND ENVIRONMENT: Johnson, Chair; Dearden and Gaskill Senate File 143 NATURAL RESOURCES AND ENVIRONMENT: Deluhery, Chair; Bartz and Miller Senate File 145 STATE GOVERNMENT: Drake, Chair; Kibbie and McLaren House File 164 JUDICIARY: Miller, Chair; Fraise and McKean SSB 1120 LOCAL GOVERNMENT: Angelo, Chair; Miller and Judge SSB 1121 HUMAN RESOURCES: Tinsman, Chair; Szymoniak and Veenstra SSB 1122 COMMERCE: Gronstal, Chair; King and Schuerer SSB 1123 COMMERCE: Redwine, Chair; McCoy and Schuerer SSB 1124 COMMERCE: Lamberti, Chair; Hansen and King SSB 1125 AGRICULTURE: Soukup, Chair; Behn and Hedge SSB 1126 AGRICULTURE: Bartz, Chair; Shearer and Veenstra SSB 1127 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Shearer, Chair; Flynn and Lundby COMMITTEE REPORTS JUDICIARY Final Bill Action: *SENATE FILE 150 (SSB 1093), a bill for an act concerning judicial administration. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Lamberti, Hansen, Angelo, Boettger, Dvorsky, Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman. Nays, none. Absent or not voting, 1: Fraise. 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 Judiciary Committee on Senate File 150, and they were attached to the committee report. TRANSPORTATION Final Bill Action: *SENATE FILE 149 (SSB 1085), a bill for an act establishing a time limit for disallowance or reduction of motor vehicle warranty claims, relating to establishment of motor vehicle service or warranty facilities, and making a penalty applicable. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Drake, Sexton, McCoy, Kibbie, McKean, McKibben, Rittmer, Judge, and Zieman. Nays, none. Absent or not voting, 4: Fink, Fraise, Freeman, and Jensen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Transportation Committee on Senate File 149, and they were attached to the committee report. AFTERNOON SESSION The Senate reconvened at 4:33 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non-record roll call to determine that a quorum was present. The vote revealed 42 present, 8 absent, and a quorum present. ADOPTION OF RESOLUTIONS Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 3. Senate Resolution 3 On motion of Senator Hedge, Senate Resolution 3, a resolution relating to Senate rules governing lobbyists, was taken up for consideration. Senator Hedge offered amendment S-3007 filed by him on February 10, 1999, to pages 2, 4, and 5 of the bill and moved its adoption. Amendment S-3007 was adopted by a voice vote. Senator Hedge moved adoption of Senate Resolution 3, which motion prevailed by a voice vote. Senator Iverson asked and received unanimous consent to take up for consideration Senate Resolution 4. Senate Resolution 4 On motion of Senator Hedge, Senate Resolution 4, a resolution relating to the Senate Code of Ethics, was taken up for consideration. Senator Hedge moved the adoption of Senate Resolution 4, which motion prevailed by a voice vote. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Joint Resolution 2. Senate Joint Resolution 2 On motion of Senator Lundby, Senate Joint Resolution 2, a joint resolution relating to the designation of the Old State Historical Building as the Ola Babcock Miller State Office Building, with report of committee recommending passage, was taken up for consideration. Senator Lundby offered amendment S-3017 filed by her from the floor to the title page of the bill and moved its adoption. Amendment S-3017 was adopted by a voice vote. Senator Lundby moved the adoption of Senate Joint Resolution 2 as amended, which motion prevailed by a voice vote. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy for the remainder of the day, on request of Senator Hansen. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 9. Senate File 9 On motion of Senator McKibben, Senate File 9, a bill for an act relating to the exemption of the sales and use tax on building materials, supplies, or equipment of certain rural water districts, and providing retroactive applicability and effective dates, with report of committee recommending passage, was taken up for consideration. Senator McKibben 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. 9), 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 Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fraise McCoy Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 114. Senate File 114 On motion of Senator Kibbie, Senate File 114, a bill for an act allowing certain utility employees to operate all-terrain vehicles and snowmobiles on railroad rights of way, was taken up for consideration. 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. 114), 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 Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Shearer Soukup Szymoniak Tinsman Veenstra Zieman Nays, none. Absent or not voting, 3: Fraise McCoy Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 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 16, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 182, a bill for an act expanding the criminal code definition of serious injury to include certain injuries to children. Read first time and referred to committee on Judiciary. House File 242, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates and for retroactive applicability. Read first time and referred to committee on Judiciary. INTRODUCTION OF BILLS Senate File 150, by committee on Judiciary, a bill for an act concerning judicial administration. Read first time and placed on calendar. Senate File 151, by committee on Local Government, a bill for an act relating to the selection of township trustees and township clerks. Read first time and placed on calendar. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Joint Resolution 2 and Senate Files 9 and 114 be immediately messaged to the House. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 16, 1999, 9:44 a.m. Members Present: Zieman, Vice Chair; Bolkcom, Ranking Member; and Dearden. Members Absent: Rife, Chair (excused); and McKibben. Committee Business: Budget presentation by Dept. of Human Rights. Adjourned: 11:24 a.m. APPROPRIATIONS Convened: February 16, 1999, 4:02 p.m. Members Present: McLaren, Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Schuerer, and Soukup. Members Absent: Kramer, Vice Chair; McCoy, Rife, and Tinsman (all excused). Committee Business: Passed SF 76. Adjourned: 4:10 p.m. COMMERCE Convened: February 16, 1999, 3:10 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, Redfern, Redwine, and Schuerer. Members Absent: McCoy (excused). Committee Business: Passed SF 83. Presentation by Superintendent of Credit Union. Adjourned: 3:40 p.m. LOCAL GOVERNMENT Convened: February 16, 1999, 1:07 p.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Gaskill, Hammond, McCoy, McKean, McKibben, Miller, Judge, and Zieman. Members Absent: Fraise and Rife (both excused). Committee Business: Passed SF 112. Adjourned: 1:18 p.m. INTRODUCTION OF BILLS Senate File 152, by Rehberg, a bill for an act relating to inter- district transportation of pupils participating in open enrollment. Read first time under Rule 28 and referred to committee on Education. Senate File 153, by Tinsman and Szymoniak, a bill for an act requiring protective headgear for juvenile bicyclists, creating a bicycle safety fund, and providing for a helmet rental fee and a penalty. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 154, by Dearden, a bill for an act relating to minimum wage requirements. Read first time under Rule 28 and referred to committee on Business and Labor Relations. Senate File 155, by Bolkcom and Dvorsky, a bill for an act providing a sales and use tax exemption for hospices. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 156, by Tinsman, Angelo, Shearer, Szymoniak, Deluhery, Veenstra, and Rittmer, a bill for an act providing an individual and corporate tax credit for the acquisition of assistive technology or the modification of the workplace in order to assist persons with a disability in the workplace and including an effective and applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 157, by Fink, a bill for an act relating to the willful destruction of E911 addressing signs and providing a penalty. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 158, by McCoy, a bill for an act providing a protective headgear requirement for juvenile bicyclists, creating a bicycle safety fund, and providing for a helmet rental fee and a penalty. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 159, by Veenstra, a bill for an act relating to motor vehicle lighting equipment and windows and making penalties applicable. Read first time under Rule 28 and referred to committee on Transportation. Senate File 160, by committee on Natural Resources and Environment, a bill for an act relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date. Read first time under Rule 28 and placed on calendar. SUBCOMMITTEE ASSIGNMENTS Senate File 97 TRANSPORTATION: Drake, Chair; Fraise and Jensen Senate File 125 TRANSPORTATION: Drake, Chair; Fraise and Jensen Senate File 144 TRANSPORTATION: McCoy, Chair; Rittmer and Zieman COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 76 (SSB 1038), a bill for an act relating to the administration of the state department of transportation by allowing the reversion of operating funds for training and technology, making a standing appropriation, and providing for the nonreversion of certain railroad funds. Recommendation: DO PASS. Final Vote: Ayes, 21: McLaren, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, Redwine, Rehberg, Schuerer, and Soukup. Nays, none. Absent or not voting, 4: Kramer, McCoy, Rife, and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: SENATE FILE 83, a bill for an act relating to third-party payment of health coverage costs for mental health and substance abuse treatment services. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Johnson, Lamberti, Lundby, Redfern, and Redwine. Nays, 2: King and Schuerer. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: SENATE FILE 151 (Formerly SF 112), a bill for an act relating to the selection of township trustees and township clerks. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Angelo, Bartz, Bolkcom, Gaskill, Hammond, McCoy, McKean, McKibben, Miller, Judge, and Zieman. Nays, none. Absent or not voting, 2: Fraise and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 160 (Formerly SF 75), a bill for an act relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Johnson, Kibbie, Miller, and Rehberg. Nays, none. Absent or not voting, 2: Gaskill and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENT FILED S-3017 S.J.R. 2 Mary A. Lundby ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:49 p.m., until 9:00 a.m., Wednesday, February 17, 1999. 308 JOURNAL OF THE SENATE 37th Day 37th Day TUESDAY, FEBRUARY 16, 1999 307
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