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THIRTY-NINTH CALENDAR DAY TWENTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 18, 1999 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by Alison Petty of Adair-Casey High School, Adair, Iowa. Ms. Petty sang "Ave Maria." The Journal of Wednesday, February 17, 1999, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Fraise for the rest of this week and Monday, February 22, on request of Senator Gronstal; Senator Lundby for the day, on request of Senator Boettger. 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 17, 1999, passed the following bill in which the concurrence of the Senate is asked: House File 255, a bill for an act relating to visitation provisions between siblings under a custody order. Read first time and referred to committee on Human Resources. INTRODUCTION OF BILLS Senate File 170, by Redfern, a bill for an act relating to the applicability of the professional engineers and land surveyors practice law. Read first time and referred to committee on Commerce. Senate File 171, by Redfern, a bill for an act relating to reimbursement, payment, and coverage by the state for damages involving individuals providing foster home, guardian, or conservator services and providing an effective date. Read first time and referred to committee on Human Resources. Senate File 172, by Redwine, Schuerer, Gaskill, Lamberti, Miller, King, McKibben, Rehberg, Behn, and Sexton, a bill for an act reducing the state individual income tax by five percent and including a retroactive applicability date provision. Read first time and referred to committee on Ways and Means. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 17, 1999, 8:00 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Angelo, Bartz, Behn, Black, Hedge, Kibbie, Sexton, Shearer, Soukup, Judge, and Zieman. Members Absent: Fraise, Ranking Member; and Veenstra (both excused). Committee Business: Presentations by Iowa Petroleum Marketers, Lowdin Auto Repairs, auto tech instructor at DMACC and mechanic at Terry's Auto, Office of the Legislative Auditor in the State of Minnesota, and an environmental specialist in the Supply and Logistics Dept. for BP Amoco. Adjourned: 9:00 a.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 18, 1999, 9:53 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; and Sexton. Members Absent: Flynn (excused). Committee Business: Subcommittee reports. Adjourned: 11:12 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 18, 1999, 9:45 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; Lamberti and Judge. Members Absent: None. Committee Business: Presentations by Iowa Finance Authority, DED Community and Rural Development Division. Adjourned: 11:20 a.m. EDUCATION Convened: February 18, 1999, 9:40 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: Presentations by the Dept. of Cultural Affairs, Central Academy, and the U of I Science Education Center. Adjourned: 11:35 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 18, 1999, 9:48 a.m. Members Present: Zieman, Vice Chair; Bolkcom, Ranking Member; and McKibben. Members Absent: Rife, Chair; and Dearden (both excused). Committee Business: Budget presentation from the Dept. of Elder Affairs. Adjourned: 11:07 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 18, 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 Toledo Juvenile Home. Nursing facility CAN needs presented. Long-term care insurance issues presented. Adjourned: 12:03 p.m. BUSINESS AND LABOR RELATIONS Convened: February 18, 1999, 11:48 a.m. Members Present: McKibben, Chair; Dearden, Ranking Member; Behn, Hedge, Horn, King, and Schuerer. Members Absent: Freeman, Vice Chair; Fraise, Hansen, and Rife (all excused). Committee Business: Discussion of proposed technical corrections to Iowa Code Section 730.5. Adjourned: 12:19 p.m. LOCAL GOVERNMENT Convened: February 18, 1999, 2:23 p.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Gaskill, Hammond, McCoy, McKean, McKibben, Judge, and Zieman. Members Absent: Fraise, Miller, and Rife (all excused). Committee Business: Subcommittee assignments. Approved SSBs 1114, 1115, 1117, and 1120. Adjourned: 2:37 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 18, 1999, 1:20 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg. Members Absent: Drake and Rife (both excused). Committee Business: Presentations by ISU and U of I. Approved SSB 1027. Approved SSB 1062 and referred to the Administrative Rules Review Committee. Adjourned: 2:20 p.m. WAYS AND MEANS Convened: February 18, 1999, 9:17 a.m. Members Present: Johnson, Chair; McKibben, Vice Chair; Harper, Ranking Member; Bartz, Bolkcom, Connolly, Drake, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Members Absent: Deluhery and Flynn (both excused). Committee Business: Passed SF 117. Recommended governor's appointees for confirmation. Adjourned: 9:21 a.m. PETITIONS The following petitions were presented and placed on file by: Senator John P. Kibbie, from sixty-two residents of Clay, Dickinson, and Palo Alto Counties, favoring legislation for a Fuel Quality Standard (Ethanol). Senator Fink, from seventy-two residents of Warren and Marion Counties, favoring legislation for a Fuel Quality Standard (Ethanol). 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 17, 1999: EDUCATION Daniel Rhodes Hunter - Director of the Department of Cultural Affairs Marie L. Grabenbauer - Board of Educational Examiners HUMAN RESOURCES Judith Anne Conlin - Director of the Department of Elder Affairs Dr. Robert D. Koob - Iowa Empowerment Board Jennifer L. Lightbody - Iowa Empowerment Board Cheryle W. Mitvalsky - Iowa Empowerment Board Matthew J. Mohrfeld - Iowa Empowerment Board W. Fletcher Reel - Iowa Empowerment Board Clark A. Smith - Iowa Empowerment Board Nancy S. Van Milligen - Iowa Empowerment 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 The following appointee assigned to standing committee for investigation was placed on the En Bloc Calendar with recommendation for confirmation on February 18, 1999: WAYS AND MEANS Darlene Marie Jeris - Executive Director of the Iowa Finance Authority INTRODUCTION OF BILLS Senate File 173, by committee on Education, a bill for an act relating to the description of disabilities of individuals receiving vocational rehabilitation services. Read first time under Rule 28 and placed on calendar. Senate File 174, by committee on Human Resources, a bill for an act changing a Code reference to the Iowa association of community providers and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 175, by committee on Transportation, a bill for an act providing for the display of flashing emergency signal lamps by motor vehicles in funeral processions. Read first time under Rule 28 and placed on calendar. Senate File 176, by committee on Ways and Means, a bill for an act relating to the elimination of investment counseling as a taxable service under the state sales and use taxes. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 177, by Kramer, Szymoniak, and Boettger, a bill for an act relating to services for children by requiring the department of human services to establish certification or licensing standards for children's centers. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 178, by Lamberti, a bill for an act relating to the educational requirements for licensure of professional engineers. Read first time under Rule 28 and referred to committee on State Government. Senate File 179, by King, a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 180, by Freeman, a bill for an act granting an additional dependent credit for a child who is also adopted under the state individual income tax and providing effective and retroactive applicability date provisions. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 181, by Kibbie and Connolly, a bill for an act relating to the state funding level for the instructional support system. Read first time under Rule 28 and referred to committee on Education. Senate File 182, by Szymoniak, a bill for an act requiring licensure to practice acupuncture. Read first time under Rule 28 and referred to committee on Human Resources. STUDY BILLS RECEIVED SSB 1129 State Government Relating to hospital license fees and creating a hospital education fund. SSB 1130 Human Resources Relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. SSB 1131 Judiciary Relating to jury instructions. SSB 1132 Judiciary Relating to the interception of communications and providing penalties. SSB 1133 Judiciary Relating to dependent adult abuse. SSB 1134 State Government Providing for a change in terminology regarding chiropractic scope of practice. SUBCOMMITTEE ASSIGNMENTS Senate File 128 EDUCATION: Veenstra, Chair; Connolly and Gaskill Senate File 140 EDUCATION: Boettger, Chair; Fink and Gaskill Senate File 147 EDUCATION: Sexton, Chair; Angelo and Dvorsky Senate File 152 EDUCATION: Rehberg, Chair; Harper and Tinsman Senate File 153 HUMAN RESOURCES: Bartz, Chair; Behn and Shearer Senate File 154 BUSINESS AND LABOR RELATIONS: Behn, Chair; Fraise and Hedge Senate File 158 HUMAN RESOURCES: Bartz, Chair; Behn and Shearer Senate File 161 STATE GOVERNMENT: Rittmer, Chair; Kibbie and King Senate File 163 STATE GOVERNMENT: McLaren, Chair; Deluhery and Schuerer Senate File 165 NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Dearden and Gaskill Senate File 168 LOCAL GOVERNMENT: McKean, Chair; Bolkcom and Gaskill Senate File 169 TRANSPORTATION: Drake, Chair; Jensen and McCoy House File 210 JUDICIARY: Redfern, Chair; Angelo and Horn House File 222 JUDICIARY: Maddox, Chair; Dvorsky and McKibben SSB 1129 STATE GOVERNMENT: Sexton, Chair; Fink and Schuerer SSB 1130 HUMAN RESOURCES: Redwine, Chair; Boettger and Szymoniak SSB 1131 JUDICIARY: Miller, Chair; Hammond and Lamberti SSB 1132 JUDICIARY: Fraise, Chair; Angelo and McKibben SSB 1133 JUDICIARY: Boettger, Chair; Hammond and Tinsman SSB 1134 STATE GOVERNMENT: Rittmer, Chair; Szymoniak and McLaren COMMITTEE REPORTS EDUCATION Final Bill Action: *SENATE FILE 173 (SSB 1104), a bill for an act relating to the description of disabilities of individuals receiving vocational rehabilitation services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, and Tinsman. Nays, none. Absent or not voting, 1: Veenstra. 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 Education Committee on Senate File 173, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE 174 (SSB 1094), a bill for an act changing a Code reference to the Iowa association of community providers and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 175 (Formerly SF 144), a bill for an act providing for the display of flashing emergency signal lamps by motor vehicles in funeral processions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Drake, Sexton, McCoy, Fink, Freeman, Jensen, Kibbie, McKean, McKibben, Rittmer, Judge, and Zieman. Nays, none. Absent or not voting, 1: Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 176 (Formerly SF 117), a bill for an act relating to the elimination of investment counseling as a taxable service under the state sales and use taxes. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Drake, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, none. Absent or not voting, 2: Deluhery and Flynn. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:12 a.m., until 1:00 p.m., Monday, February 22, 1999. 336 JOURNAL OF THE SENATE 39th Day 39th Day THURSDAY, FEBRUARY 18, 1999 335
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