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Senate Journal: Tuesday, February 23, 1999

  FORTY-FOURTH CALENDAR DAY
  TWENTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 23, 1999

  The Senate met in regular session at 9:04 a.m., President Kramer
  presiding.

  Prayer was offered by Reverend Cathy F. Young, pastor of the
  Cedar Heights Community Presbyterian Church, Cedar Falls, Iowa.

  The Journal of Monday, February 22, 1999, was approved.

  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 22, 1999, passed the following bill in which the
  concurrence
  of the Senate is asked:

  House File 209, a bill for an act relating to increasing the penalty
  for eluding or attempting to elude an official law enforcement vehicle.

  Read first time and referred to committee on Judiciary.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  COMMERCE

  Convened:  February 22, 1999, 3:35 p.m.

  Members Present:  Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking
  Member;
  Bolkcom, Flynn, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine,
  and
  Schuerer.

  Members Absent:  Gronstal and Hansen (both excused).

  Committee Business:  Presentation by Insurance Commissioner.

  Adjourned:  4:23 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 23, 1999, 9:47 a.m.

  Members Present:  Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member;
  Flynn and Sexton.

  Members Absent:  None.

  Committee Business:  Cell phone policies.  Governor's office reconsideration
  of
  $70,000.  DI&A requests.  Worker's Comp. request.  Technology initiatives.
  Terrace
  Hill personnel.  FTEs and non-general fund appropriations.

  Adjourned:  11:27 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  February 23, 1999, 9:45 a.m.

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

  Members Absent:  Black, Ranking Member (excused).

  Committee Business:  Presentation by Des Moines Water Works.

  Adjourned:  11:00 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  February 23, 1999, 9:45 am.
  Members Present:  Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking
  Member;
  Lamberti and Judge.

  Members Absent:  None.

  Committee Business:  Presentation by Iowa Business Council and Skills 2000
  Commission.

  Adjourned:  11:41 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened:  February 23, 1999, 9:45 a.m.

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

  Members Absent:  McLaren (excused).

  Committee Business:  Presentations by the Iowa Business Council and the
  Skills
  2000 Commission.

  Adjourned:  11:42 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  February 23, 1999, 9:45 a.m.

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

  Members Absent:  None.

  Committee Business:  Budget presentations by Veterans Affairs and Iowa
  Veterans
  Home.

  Adjourned:  10:48 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  February 23, 1999, 9:48 a.m.

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

  Members Absent:  Fraise and McKean (both excused).

  Committee Business:  Discussion regarding the closing of inmate law
  libraries.
  Presentations by the Dept. of Corrections, Attorney General, State Public
  Defender,
  State Law Library, Legislative Information Office, and the Office of
  Citizens
  Aide/Ombudsman.
  Adjourned:  11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  February 23, 1999, 9:45 a.m.

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

  Members Absent:  Lundby, Vice Chair; and Rittmer.

  Committee Business:  Presentations by Iowa Health Care Assn.; Assn. of Iowa
  Hospitals; Iowa Automobile Dealers; Iowa Water Pollution Control Assn.;
  American
  Water Work Assn.; American Water Work Assn.; Iowa Section; US West; and Iowa
  Telecommunications Assn.

  Adjourned:  11:50 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE AND CAPITALS

  Convened:  February 23, 1999, 9:45 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations by the U of I, UNI, ISU, Iowa School for
  the
  Deaf, and Iowa Braille and Sight Saving School.

  Adjourned:  10:55 a.m.

  AGRICULTURE

  Convened:  February 23, 1999, 8:01 a.m.

  Members Present:  Gaskill, Chair; Miller, Vice Chair; Angelo, Bartz, Behn,
  Hedge,
  Kibbie, Sexton, Shearer, Soukup, Judge, Veenstra, and Zieman.

  Members Absent:  Fraise, Ranking Member; and Black (both excused).

  Committee Business:  Recommended governor's appointee for confirmation.

  Adjourned:  8:17 a.m.

  JUDICIARY

  Convened:  February 23, 1999, 3:05 p.m.

  Members Present:  McKean, Chair; Lamberti, Vice Chair; Angelo, Boettger,
  Dvorsky,
  Hammond, Horn, Maddox, McCoy, McKibben, Miller, Redfern, and Tinsman.
  Members Absent:  Hansen, Ranking Member; and Fraise (both excused).

  Committee Business:  Passed SF 12.  Approved SSB 1075.

  Adjourned:  3:37 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 23, 1999, 1:02 p.m.

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

  Members Absent:  None.

  Committee Business:  Recommended governor's appointee for confirmation.
  Amended and approved SSB 1083.

  Adjourned:  1:45 p.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

  Convened:  February 23, 1999, 1:07 p.m.

  Members Present:  Lundby, Chair; Behn, Vice Chair; Shearer, Ranking Member;
  Boettger, Flynn, Judge, Rittmer, Sexton, Tinsman, Veenstra, and Zieman.

  Members Absent:  Hansen and Soukup (both excused).

  Committee Business:  Presentation by Iowa Workforce Development.
  Recommended
  governor's appointee for confirmation.

  Adjourned:  1:45 p.m.

  STATE GOVERNMENT

  Convened:  February 23, 1999, 2:06 p.m.

  Members Present:  Rittmer, Chair; Lamberti, Vice Chair; Kibbie, Ranking
  Member;
  Connolly, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren,
  Schuerer, Sexton, and Szymoniak.

  Members Absent:  None.

  Committee Business:  Recommended governor's appointees for confirmation.
  Passed
  SF 3, SF 68, and SF 166.  Approved SSB 1056.  Deferred SF 54.

  Adjourned:  3:00 p.m.
  INTRODUCTION OF BILLS

  Senate File 194, by Shearer, a bill for an act relating to
  acceptable accreditation of psychiatric medical institutions for
  children for the purpose of licensing.

  Read first time under Rule 28 and referred to committee on
  Human Resources.

  Senate File 195, by Tinsman, a bill for an act establishing a
  managed care consumer protection Act.

  Read first time under Rule 28 and referred to committee on
  Human Resources.

  Senate File 196, by Sexton and Fink, a bill for an act relating to
  the conduct of raffles by certain fairs, nonprofit organizations,
  political parties, and committees of candidates for elective office, and
  subjecting violators to a penalty.

  Read first time under Rule 28 and referred to committee on State
  Government.

  Senate File 197, by Soukup, a bill for an act exempting hospices
  from the state sales and use taxes.

  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  Senate File 198, by Miller, a bill for an act relating to the
  imposition of an annual conservation and land preservation tax for
  agricultural property converted to residential or commercial use and
  providing penalties.

  Read first time under Rule 28 and referred to committee on
  Agriculture.

  Senate File 199, by Maddox, a bill for an act relating to filing of
  belated claims for the homestead property tax credit and military
  property tax exemption and providing for the Act's applicability.
  Read first time under Rule 28 and referred to committee on Ways
  and Means.

  Senate File 200, by Sexton, a bill for an act relating to the
  operation, regulation, and equipment of watercraft, and subjecting
  violators to a penalty.

  Read first time under Rule 28 and referred to committee on
  Natural Resources and Environment.

  Senate File 201, by Harper, a bill for an act establishing a
  pharmaceutical assistance program for the elderly and providing a
  penalty.

  Read first time under Rule 28 and referred to committee on
  Human Resources.

  Senate File 202, by Harper, a bill for an act relating to the
  guidelines to be followed by a trauma care facility for persons with
  head injuries.

  Read first time under Rule 28 and referred to committee on
  Human Resources.

  Senate File 203, by committee on Transportation, a bill for an act
  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 and an effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 204, by McKean, a bill for an act relating to the date
  of the primary election.

  Read first time under Rule 28 and referred to committee on State
  Government.
  Senate File 205, by committee on Human Resources, a bill for an
  act relating to cigarettes and tobacco products by prohibiting that
  such products be given away and by prohibiting giving of other items
  as part of a sale of such cigarettes and tobacco products and making
  penalties applicable.

  Read first time under Rule 28 and placed on calendar.

  Senate File 206, by Connolly and Kibbie, a bill for an act
  providing for an increase in the regular program foundation base per
  pupil for the portion of weighted enrollment that is additional
  enrollment because of special education and the special education
  support services foundation base, and including an effective date and
  applicability provision.

  Read first time under Rule 28 and referred to committee on
  Education.

  Senate File 207, by Connolly, a bill for an act establishing a grant
  process to provide school districts with resources to implement
  volunteer student mentoring pilot projects, making an appropriation,
  and providing emergency rulemaking authority.

  Read first time under Rule 28 and referred to committee on
  Education.

  Senate File 208, by Harper, Horn, Kibbie, and Gronstal, a bill for
  an act creating an enhance Iowa distribution account, a technology
  assurance fund, and a recreation, environment, arts, culture, and
  heritage fund; making changes in the rebuild Iowa infrastructure
  fund; making corresponding statutory changes; and relating to
  appropriations from the account and funds.

  Read first time under Rule 28 and referred to committee on
  Appropriations.
  STUDY BILLS RECEIVED

  SSB 1144	Appropriations

  Appropriating federal funds made available from federal block
  grants and other federal grants, allocating portions of federal bock
  grants, and providing procedures if federal funds are more or less
  than anticipated or if federal block grants are more or less than
  anticipated.

  SSB 1145	State Government

  Adopting the nurse licensure compact, and providing an effective
  date.

  SSB 1146	Natural Resources and Environment

  Making appropriations from the rebuild Iowa infrastructure fund
  for the fiscal year beginning July 1, 1999, and ending June 30, 2000,
  to the department of agriculture and land stewardship and the
  department of natural resources.

  SSB 1147	Natural Resources and Environment

  Relating to a watershed protection task force and creating a
  watershed protection program and a watershed protection account
  within the water protection fund.

  SSB 1148	Commerce

  Relating to health care service and treatment coverage by
  providing for continuity of care, discussion and advocacy of treatment
  options, coverage of emergency room services, utilization review
  requirements, and an external review process.

  SSB 1149	Human Resources

  Relating to paternity establishment of affidavit.
  SSB 1150	Appropriations

  Relating to and making transportation and other infrastructure-
  related appropriations to the state department of transportation,
  including allocation and use of moneys from the general fund of the
  state, road use tax fund, and primary road fund, and providing for
  the nonreversion of certain moneys.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 162

  APPROPRIATIONS:  Kramer, Chair; Deluhery and Hedge

  Senate File 164

  WAYS AND MEANS:  Johnson, Chair; Bolkcom and McKibben

  Senate File 171

  HUMAN RESOURCES:  Miller, Chair; Bartz and Hammond

  Senate File 172

  WAYS AND MEANS:  Johnson, Chair; Deluhery and Lamberti

  Senate File 177

  HUMAN RESOURCES: Szymoniak, Chair; Boettger and Schuerer

  Senate File 178

  STATE GOVERNMENT:  Maddox, Chair; Connolly and Schuerer

  Senate File 179

  HUMAN RESOURCES:  Schuerer, Chair; Behn and Shearer

  Senate File 180

  WAYS AND MEANS:  Redwine, Chair; Flynn and Johnson

  Senate File 182

  HUMAN RESOURCES:  Boettger, Chair; Bartz and Szymoniak

  Senate File 188

  APPROPRIATIONS:  Freeman, Chair; Connolly and Johnson
  Senate File 190

  COMMERCE:  Lundby, Chair; Hansen and Johnson

  Senate File 191

  STATE GOVERNMENT:  Rittmer, Chair; Kibbie and Lundby

  Senate File 197

  WAYS AND MEANS:  McKibben, Chair; Drake and Soukup

  Senate File 199

  WAYS AND MEANS:  Johnson, Chair; Harper and Maddox

  Senate File 200

  NATURAL RESOURCES AND ENVIRONMENT:  Freeman, Chair; Johnson and
  Kibbie

  House File 255

  HUMAN RESOURCES:  Dvorsky, Chair; Miller and Veenstra

  SSB 1144

  APPROPRIATIONS:  Tinsman, Chair; Hammond and Redwine

  SSB 1145

  STATE GOVERNMENT:  Rittmer, Chair; Connolly and King

  SSB 1146

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Johnson and Rehberg

  SSB 1147

  NATURAL RESOURCES AND ENVIRONMENT:  Fink, Chair; Dearden and Kibbie

  SSB 1148

  COMMERCE:  Schuerer, Chair; Hansen and Redwine

  SSB 1149

  HUMAN RESOURCES:  Veenstra, Chair; Bartz and Dvorsky

  SSB 1150

  APPROPRIATIONS:  Freeman, Chair; Connolly and Jensen
  COMMITTEE REPORTS

  HUMAN RESOURCES

  Final Bill Action:  SENATE FILE 205 (SSB 1073), a bill for an act relating
  to
  cigarettes and tobacco products by prohibiting that such products be given
  away and
  by prohibiting giving of other items as part of a sale of such cigarettes
  and tobacco
  products and making penalties applicable.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 10:  Boettger, Redwine, Szymoniak, Behn, Dvorsky,
  Hammond,
  Harper, Shearer, Tinsman, and Veenstra.  Nays, 3:  Bartz, Miller, and
  Schuerer.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action:  HOUSE FILE 136, a bill for an act relating to the
  criminal
  offenses that require registration as provided in the sex offender registry
  law and
  providing an effective date.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S-3018.

  Final Vote:  Ayes, 8:  McKean, Lamberti, Angelo, Boettger, Horn, Maddox,
  Redfern,
  and Tinsman.  Nays, 2:  Dvorsky and Hammond.  Present, 1:  McCoy.  Absent,
  4:
  Hansen, Fraise, McKibben, and Miller.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action:  SENATE FILE 68, a bill for an act relating to counties
  included in
  the mid-America port commission.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 15:  Rittmer, Lamberti, Kibbie, Connolly, Dearden,
  Deluhery,
  Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak.
  Nays, none.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action:  SENATE FILE 166, a bill for an act relating to the
  establishment
  of an Iowa battle flag commission, and making an appropriation.

  Recommendation:  DO PASS.
  Final Vote:  Ayes, 13:  Rittmer, Lamberti, Kibbie, Connolly, Dearden, Drake,
  Fink,
  King, Lundby, Maddox, McLaren, Schuerer, and Szymoniak.  Nays, 2:  Deluhery
  and
  Sexton.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  *SENATE FILE 203 (SSB 1143), a bill for an act 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
  and an
  effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 9:  Drake, McCoy, Freeman, Jensen, Judge, Kibbie,
  McKibben,
  Rittmer, and Zieman.  Nays, 2:  Sexton and Fink.  Absent or not voting, 2:
  Fraise and
  McKean.

  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 203,
  and they
  were attached to the committee report.


  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 23,
  1999:

  AGRICULTURE

  Edwin J. Hershberger - Iowa Grain Indemnity Fund Board

  STATE GOVERNMENT

  George M. Price - Board of Dietetic Examiners

  Michael J. Wolnerman - Board for the Licensing and Regulation of Hearing Aid
  Dealers

  Thomas D. Whitson - Investment Board of the IPERS

  Lois A. Leytem - Board of Examiners for Massage Therapy
  E. Howard Sonksen - Board of Examiners for Massage Therapy

  Dr. Kyle F. Whitten - Board of Podiatry Examiners
  James L. Yeast - Board of Social Work Examiners

  GOVERNOR'S APPOINTEES PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointees, assigned to standing committees for investigation,
  were
  placed on the Individual Confirmation Calendar with recommendations for
  confirmation on February 23, 1999:

  NATURAL RESOURCES AND ENVIRONMENT

  Paul W. Johnson - Director of the Department of Natural Resources

  STATE GOVERNMENT

  Kevin W. Techau - Director of the Department of Inspections and Appeals

  Cynthia P. Eisenhauer - Director of the Department of Management


  AMENDMENT FILED

  S-3018	H.F. 136	Judiciary

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 9:15 a.m.,
  until 9:00 a.m., Wednesday, February 24, 1999.
  358	JOURNAL OF THE SENATE	44th Day
  44th Day	TUESDAY, FEBRUARY 23, 1999	359

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