Senate Journal: Monday, February 22, 1999

  __________


  FORTY-THIRD CALENDAR DAY
  TWENTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, February 22, 1999

  The Senate met in regular session at 1:16 p.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Michael Van Rees, pastor of
  Prairie Ridge Reformed Church, Ankeny, Iowa.

  The Journal of Thursday, February 18, 1999, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Gaskill until he arrives, on request of Senator Sexton; Senator
  McKean
  until he arrives, on request of Senator Drake.

  INTRODUCTION OF BILLS

  Senate File 183, by committee on Local Government, a bill for an
  act relating to the payment by a county of the family farm tax credit
  and reimbursement to the county of its payment and including an
  effective date.

  Read first time and placed on calendar.

  Senate File 184, by committee on Local Government, a bill for an
  act relating to the preparation of fiscal notes on bills and resolutions
  imposing state mandates.

  Read first time and placed on calendar.
  Senate File 185, by committee on Local Government, a bill for an
  act relating to the levy rate for fire protection imposed in an area of a
  benefited fire district and including an effective date.

  Read first time and placed on calendar.

  Senate File 186, by committee on Local Government, a bill for an
  act providing that a county enterprise includes housing for persons
  who are elderly or persons with physical disabilities.

  Read first time and placed on calendar.

  Senate File 187, by committee on Natural Resources and
  Environment, a bill for an act relating to the operation, regulation,
  and equipment of watercraft, establishing watercraft safety courses,
  and subjecting violators to a penalty, and providing an effective date.

  Read first time and placed on calendar.

  Senate File 188, by Sexton, a bill for an act making
  appropriations from the rebuild Iowa infrastructure fund to the
  department of corrections for projects at the Rockwell City
  correctional facility.

  Read first time and referred to committee on Appropriations.

  Senate File 189, by committee on Judiciary, a bill for an act to
  change the penalty for and to reclassify certain misdemeanors.

  Read first time and placed on calendar.

  Senate File 190, by Lundby, a bill for an act relating to the
  requirements for establishing and operating a city cable
  communication utility.

  Read first time and referred to committee on Commerce.

  Senate File 191, by Lundby, a bill for an act concerning the
  determination of a member's average covered wage for purposes of
  calculating retirement benefits under the Iowa public employees'
  retirement system.
  Read first time and referred to committee on State Government.

  Senate File 192, by committee on Judiciary, a bill for an act
  relating to open containers in motor vehicles and providing a penalty.

  Read first time and placed on calendar.

  Senate File 193, by committee on Judiciary, a bill for an act
  relating to the duties of a guardian ad litem appointed to represent a
  child in juvenile court proceedings.

  Read first time and placed on calendar.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  JUDICIARY

  Convened:  February 18, 1999, 3:04 p.m.

  Members Present:  McKean, Chair; Lamberti, Vice Chair; Angelo, Boettger,
  Dvorsky,
  Hammond, Horn, Maddox, McCoy, Miller, Redfern, and Tinsman.

  Members Absent:  Hansen, Ranking Member; Fraise, and McKibben (all excused).

  Committee Business:  Subcommittee assignments.  Passed HF 136 and SF 104.
  Approved SSBs 1046, 1092, and 1108.

  Adjourned:  4:05 p.m.

  BUSINESS AND LABOR RELATIONS

  Convened:  February 22, 1999, 1:33 p.m.

  Members Present:  McKibben, Chair; Freeman, Vice Chair; Dearden, Ranking
  Member; Behn, Hedge, Horn, King, Rife, and Schuerer.

  Members Absent:  Fraise and Hansen (both excused).

  Committee Business:  Subcommittee assignment.  Presentation on the Human
  Resource Recruitment Consortium Iowa program.

  Adjourned:  1:57 p.m.

  HUMAN RESOURCES

  Convened:  February 22, 1999, 2:33 p.m.

  Members Present:  Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer,
  Tinsman, and Veenstra.

  Members Absent:  None.

  Committee Business:  Approved SSB 1073.  Recommended governor's appointees
  for
  confirmation.

  Adjourned:  3:23 p.m.

  TRANSPORTATION

  Convened:  February 22, 1999, 2:35 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:  Approved SSB 1143.

  Adjourned:  3:12 p.m.

  CERTIFICATES OF RECOGNITION

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

  An Le, Des Moines - For being a winner in The Iowa African-American History
  Month Essay Contest on February 6, 1999.  Senator Szymoniak (02/19/99).

  Matthew Oliver, Aurora - For achieving the rank of Eagle Scout on February
  21,
  1999.  Senator Rehberg (02/18/99).

  Matthew Optiz, Aurora - For achieving the rank of Eagle Scout on February
  21,
  1999.  Senator Rehberg (02/18/99).

  April Sauls, Des Moines - For being a winner in The Iowa African-American
  History Month Essay Contest on February 6, 1999.  Senator Szymoniak
  (02/19/99).

  Ashton Sauls, Des Moines - For being a winner in The Iowa African-American
  History Month Essay Contest on February 6, 1999.  Senator Szymoniak
  (02/19/99).

  Aaron Schlumbohm, Stanley - For achieving the rank of Eagle Scout on
  February 21,
  1999.  Senator Rehberg (02/18/99).

  Michael Stark, Aurora - For achieving the rank of Eagle Scout on February
  21, 1999.
  Senator Rehberg (02/18/99).

  Atia Wright, Des Moines - For being a winner in The Iowa African-American
  History Month Essay Contest on February 6, 1999.  Senator Szymoniak
  (02/19/99).

  Nicole Wright, Des Moines - For being a winner in The Iowa African-American
  History Month Essay Contest on February 6, 1999.  Senator Szymoniak
  (02/19/99).

  PETITION

  The following petition was presented and placed on file by:

  Senator Kibbie, from one hundred and fifty-nine residents of Clay
  County, opposing legislation to mandate ethanol use.

  STUDY BILLS RECEIVED

  SSB 1135	Commerce

  Relating to access privileges to certain buildings and structures by
  certified local exchange carriers and franchised cable television
  providers.

  SSB 1136	Commerce

  Limiting the liability of financial institutions for certain actions
  arising out of the failure of information technology as the result of a
  year 2000 problem.

  SSB 1137	Commerce

  Providing for investments by banks and insurance companies in
  Iowa agricultural industry finance corporations.

  SSB 1138	Commerce

  Prohibiting unauthorized charges in telecommunications service,
  prohibiting certain acts in the advertisement or solicitation of
  changes in telecommunications service, and providing remedies and
  penalties.

  SSB 1139	Commerce

  Relating to the operation and regulation of insurance companies,
  including the treatment of certain confidential information by the
  commissioner, the operation of certain types of insurance companies,
  and the rights and duties of insurance companies under certain
  policies issued in this state.

  SSB 1140	Commerce

  Relating to proceedings before the utilities board and the provision
  of competitive utility services by allocating costs incurred by the
  utilities board and the office of consumer advocate to certain persons
  in certain proceedings related to providing competitive utility
  services, and by providing for the certification of competitive natural
  gas providers and aggregators, and providing an effective date.

  SSB 1141	State Government

  Concerning governmental deferred compensation programs by
  providing for multiple programs, investment options, and marketing
  requirements for the programs.

  SSB 1142	Commerce

  Relating to the transfer of real estate, the filing of a release of
  mortgage, and providing a remedy.

  SSB 1143	Transportation

  Relating to transportation, including regulation of school buses
  and special trucks, vehicle titling and registration, commercial
  driver's licenses, regulations on motor carriers, regulations on motor
  vehicle manufacturers, distributors, and dealers, size, weight, and
  load restrictions on vehicles, driver education, and administrative
  procedures of the state department of transportation, and providing
  for fees and penalties.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 166

  STATE GOVERNMENT:  Lundby, Chair; Fink and McLaren

  Senate File 170

  COMMERCE:  Redfern, Chair; Hansen and Jensen

  SSB 1135

  COMMERCE:  King, Chair; Bolkcom and Redwine

  SSB 1136

  COMMERCE:  Flynn, Chair; King and Lamberti

  SSB 1137

  COMMERCE:  Johnson, Chair; Deluhery and Redwine
  SSB 1138

  COMMERCE:  Redfern, Chair; Flynn and Lundby

  SSB 1139

  COMMERCE:  Deluhery, Chair; King and Maddox

  SSB 1140

  COMMERCE:  Flynn, Chair; Johnson and Schuerer

  SSB 1141

  STATE GOVERNMENT:  Lundby, Chair; Deluhery and Lamberti

  SSB 1142

  COMMERCE:  Lamberti, Chair; Deluhery and Redfern

  SSB 1143

  TRANSPORTATION:  Jensen, Chair; McCoy and Drake

  COMMITTEE REPORTS

  JUDICIARY

  Final Bill Action:  SENATE FILE 104, a bill for an act relating to the
  penalty
  applicable to persons who commit animal abuse.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  McKean, Lamberti, Angelo, Boettger, Dvorsky,
  Hammond,
  Horn, Maddox, McCoy, Miller, Redfern, and Tinsman.  Nays, none.  Absent or
  not
  voting, 3:  Hansen, Fraise, and McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 189 (SSB 1108), a bill for an act to change
  the
  penalty for and to reclassify certain misdemeanors.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 11:  McKean, Lamberti, Angelo, Boettger, Dvorsky,
  Hammond,
  Horn, Maddox, McCoy, Redfern, and Tinsman.  Nays, none.  Absent or not
  voting, 4:
  Hansen, Fraise, McKibben, and Miller.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  ALSO:

  Final Bill Action:  SENATE FILE 192 (SSB 1046), a bill for an act relating
  to open
  containers in motor vehicles and providing a penalty.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McKean, Lamberti, Angelo, Boettger, Dvorsky,
  Hammond,
  Horn, Maddox, McCoy, Miller, Redfern, and Tinsman.  Nays, none.  Absent or
  not
  voting, 3:  Hansen, Fraise, and McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 193 (SSB 1092), a bill for an act relating
  to the
  duties of a guardian ad litem appointed to represent a child in juvenile
  court
  proceedings.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 12:  McKean, Lamberti, Angelo, Boettger, Dvorsky,
  Hammond,
  Horn, Maddox, McCoy, Miller, Redfern, and Tinsman.  Nays, none.  Absent or
  not
  voting, 3:  Hansen, Fraise, and McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  LOCAL GOVERNMENT

  Final Bill Action:  SENATE FILE 183 (SSB 1114), a bill for an act relating
  to the
  payment by a county of the family farm tax credit and reimbursement to the
  county of
  its payment and including an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 7:  Angelo, Hammond, McCoy, McKean, McKibben, Judge, and
  Zieman.  Nays, none.  Absent or not voting, 6:  Bartz, Bolkcom, Fraise,
  Gaskill, Miller,
  and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 184 (SSB 1117), a bill for an act relating
  to the
  preparation of fiscal notes on bills and resolutions imposing state
  mandates.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Angelo, Bartz, Bolkcom, Gaskill, Hammond, McCoy,
  McKean,
  McKibben, Judge, and Zieman.  Nays, none.  Absent or not voting, 3:  Fraise,
  Miller,
  and Rife.
  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 185 (SSB 1115), a bill for an act relating
  to the
  levy rate for fire protection imposed in an area of a benefited fire
  district and including
  an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Angelo, Bartz, Bolkcom, Hammond, McCoy, McKean,
  McKibben,
  Judge, and Zieman.  Nays, none.  Absent or not voting, 4:  Fraise, Gaskill,
  Miller, and
  Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 186 (SSB 1120), a bill for an act providing
  that a
  county enterprise includes housing for persons who are elderly or persons
  with
  physical disabilities.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Angelo, Bartz, Bolkcom, Gaskill, Hammond, McCoy,
  McKean,
  McKibben, Judge, and Zieman.  Nays, none.  Absent or not voting, 3:  Fraise,
  Miller,
  and Rife.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  *SENATE FILE 187 (SSB 1027), a bill for an act relating
  to the
  operation, regulation, and equipment of watercraft, establishing watercraft
  safety
  courses, and subjecting violators to a penalty, and providing an effective
  date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 13:  Bartz, King, Fink, Black, Bolkcom, Dearden,
  Deluhery,
  Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg.  Nays, none.  Absent
  or not
  voting, 2:  Drake and Rife.

  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 Natural Resources and Environment Committee on
  Senate File 187, and they were attached to the committee report.
  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:23 p.m.,
  until 9:00 a.m., Tuesday, February 23, 1999.
  348	JOURNAL OF THE SENATE	43rd Day
  43rd Day	MONDAY, FEBRUARY 22, 1999	347

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