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FORTY-SIXTH CALENDAR DAY TWENTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 25, 1999 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by Pastor Leonard Sjogren, of Hope United Methodist Church, Marshalltown, Iowa. The Journal of Wednesday, February 24, 1999, was approved. INTRODUCTION OF BILL Senate File 225, by Dvorsky, a bill for an act relating to the eligibility of certain employed persons with a disability under the medical assistance program. Read first time and referred to committee on Human Resources. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 24, 1999, 9:58 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Presentations by the Governor's Office, Dept. of Management, and Governor's Strategic Plan Chair. Adjourned: 10:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 24, 1999, 9:35 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: Presentations by the Board of Educational Examiners, Dept. of Education, and the Iowa City School District. Adjourned: 11:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 25, 1999, 9:40 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Black, Ranking Member; Fink and Gaskill. Members Absent: None. Committee Business: Presentation by the Secretary of Agriculture, Patty Judge. Adjourned: 10:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 25, 1999, 9:35 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; and Judge. Members Absent: Soukup, Ranking Member; and Lamberti (both excused). Committee Business: Presentations by LSB, DED, DWD, and Dept. of Education. Adjourned: 11:02 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 25, 1999, 9:46 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren (excused). Committee Business: Presentation on the National Board for Professional Teaching Standards Certification and the Iowa Peace Institute. Adjourned: 11:46 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 25, 1999, 9:49 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; and Bolkcom, Ranking Member. Members Absent: Dearden and McKibben (excused). Committee Business: Discussion of Medical Examiner's Office. Review of Governor's budget recommendations. Adjourned: 10:44 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 25, 1999, 1:07 p.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Black, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Rehberg, and Rife. Members Absent: Miller (excused). Committee Business: Amended and approved SSB 1011. Passed SFs 43, 77, and 124. Adjourned: 1:59 p.m. STATE GOVERNMENT Convened: February 25, 1999, 2:08 p.m. Members Present: Rittmer, Chair; Lamberti, Vice Chair; Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Members Absent: Kibbie, Ranking Member; and Connolly (both excused). Committee Business: Recommended governor's appointees for confirmation. Approved SSBs 1051 and 1141. Passed SF 54. Adjourned: 2:45 p.m. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Bonnie Menzel, Independence - For celebrating her 100th birthday on January 15, 1999. Senator Rehberg (02/25/99). INTRODUCTION OF BILLS Senate File 226, by Fink, a bill for an act relating to sexual harassment as an unfair employment practice under the jurisdiction of the Iowa state civil rights commission. Read first time under Rule 28 and referred to committee on State Government. Senate File 227, by Fink, a bill for an act relating to the licensing of hunting guides and fishing guides, providing reciprocity with other states, and providing a penalty. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 228, by committee on Education, a bill for an act authorizing school districts and nonpublic schools to perform certain criminal and abuse record checks. Read first time under Rule 28 and placed on calendar. Senate File 229, by committee on Commerce , a bill for an act relating to the supervisory authority of the state banking division with regard to bank holding company acquisitions and the ability of state banks to make loans to any one person. Read first time under Rule 28 and placed on calendar. Senate File 230, by committee on Ways and Means, a bill for an act updating the Iowa Code references to the Internal Revenue Code, extending the loss carryback period for farm net operating losses, providing certain tax credits to estates and trusts, and providing an effective date and a retroactive applicability date. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 231, by committee on Ways and Means, a bill for an act providing a sales and use tax exemption for hospices. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 232, by committee on Education, a bill for an act relating to the establishment of a beginning teacher induction program and making an appropriation. Read first time under Rule 28 and placed on calendar. Senate File 233, by committee on Commerce , a bill for an act relating to the preservation of records held by financial institutions. Read first time under Rule 28 and placed on calendar. Senate File 234, by Lundby, a bill for an act relating to the notification of an emergency care provider of exposure to a contagious or infectious disease. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 235, by Dvorsky, a bill for an act relating to requirements and fees for solid waste transfer stations. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 236, by Szymoniak, a bill for an act relating to the supervision of the office of state medical examiner. Read first time under Rule 28 and referred to committee on State Government. Senate File 237, by Schuerer, a bill for an act providing for a hepatitis a vaccine tax credit under the individual and corporate income taxes for the cost of immunizing employees and workers at licensed food establishments and including an effective and retroactive applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 238, by Schuerer, a bill for an act relating to drawing the Sac and Fox Indian settlement precinct in Tama county. Read first time under Rule 28 and referred to committee on State Government. Senate File 239, by Tinsman, a bill for an act relating to establishment and maintenance of a central registry for declarations relating to the use of life- sustaining procedures, and creating a fund. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 240, by Johnson, a bill for an act relating to a relationship involving real estate licensees and real estate clients, and establishing restrictions on the payment of commissions or other consideration. Read first time under Rule 28 and referred to committee on Commerce. Senate File 241, by Deluhery, a bill for an act establishing a funding formula for the state to assume the costs for qualified mental health, mental retardation, and developmental disabilities services provided by counties for adults. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 242, by Deluhery, a bill for an act exempting from the state individual income tax pension and retirement income and providing a retroactive applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 243, by Deluhery, a bill for an act relating to the compensation of jurors. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 244, by Deluhery, a bill for an act relating to the time and the criteria for filing of claims for refund under the state individual income tax by retired federal employees as a result of the unconstitutional taxation of federal pensions and providing an effective date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 245, by Deluhery, a bill for an act relating to the disclosure of violations and final findings following inspections of health care facilities. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 246, by Deluhery, a bill for an act relating to and providing appropriations for housing development programs in the Iowa finance authority. Read first time under Rule 28 and referred to committee on Small Business, Economic Development, and Tourism. Senate File 247, by Deluhery, a bill for an act increasing the maximum income eligibility requirement for participation in the healthy and well kids in Iowa program. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 248, by committee on Human Resources , a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. Read first time under Rule 28 and placed on calendar. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 4, by Bolkcom, a senate concurrent resolution requesting an interim study of the feasibility of televising legislative proceedings. Read first time under Rule 28 and referred to committee on State Government. STUDY BILLS RECEIVED SSB 1158 Business and Labor Relations Relating to the establishment of an Iowa worker retraining forgivable loan program and fund and making an appropriation. SSB 1159 Appropriations Relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. SSB 1160 Commerce Relating to the rights of a dissenting shareholder of a state bank. SUBCOMMITTEE ASSIGNMENTS Senate File 157 JUDICIARY: McKean, Chair; Fraise and Lamberti Senate File 218 TRANSPORTATION: Drake, Chair; Jensen and Judge Senate File 223 STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lundby House File 100 STATE GOVERNMENT: Maddox, Chair; Deluhery and Lamberti House File 182 JUDICIARY: Hammond, Chair; Boettger and Miller House File 200 TRANSPORTATION: Judge, Chair; Drake and Jensen House File 209 JUDICIARY: McKibben, Chair; Lamberti and McCoy House File 242 JUDICIARY: Hansen, Chair; Lamberti and McKibben House File 281 STATE GOVERNMENT: Lamberti, Chair; Fink and Sexton SSB 1158 BUSINESS AND LABOR RELATIONS: McKibben, Chair; Freeman and Horn SSB 1159 APPROPRIATIONS: Redwine, Chair; Flynn, Hedge, Kramer, and McCoy SSB 1160 COMMERCE: Hansen, Chair; Lundby and Schuerer COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 229 (SSB 1068), a bill for an act relating to the supervisory authority of the state banking division with regard to bank holding company acquisitions and the ability of state banks to make loans to any one person. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Jensen, Maddox, Deluhery, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 1: Bolkcom. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 233 (SSB 1086), a bill for an act relating to the preservation of records held by financial institutions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Jensen, Maddox, Deluhery, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 1: Bolkcom. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: *SENATE FILE 228 (Formerly SF 69), a bill for an act authorizing school districts and nonpublic schools to perform certain criminal and abuse record checks. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, and Veenstra. Nays, 1: Tinsman. 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 228, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 232 (Formerly SF 40), a bill for an act relating to the establishment of a beginning teacher induction program and making an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redfern, Rehberg, Angelo, Boettger, Gaskill, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, 4: Connolly, Dvorsky, Fink, and Harper. 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 232, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: *SENATE FILE 248 (SSB 1130), a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 248, and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 54, a bill for an act establishing English as the official language of the state. Recommendation: DO PASS. Final Vote: Ayes, 8: Rittmer, Lamberti, Drake, King, Lundby, McLaren, Schuerer, and Sexton. Nays, 4: Dearden, Deluhery, Fink, and Szymoniak. Absent or not voting, 3: Kibbie, Connolly, and Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: SENATE FILE 230 (SSB 1042), a bill for an act updating the Iowa Code references to the Internal Revenue Code, extending the loss carryback period for farm net operating losses, providing certain tax credits to estates and trusts, and providing an effective date and 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. ALSO: Final Bill Action: *SENATE FILE 231 (Formerly SF 155), a bill for an act providing a sales and use tax exemption for hospices. 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 231, 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 25, 1999: STATE GOVERNMENT Dr. Richard M. Reay - Board of Dental Examiners John R. Krogh - Iowa Emergency Response Commission Jill M. Kochel - Board of Examiners for Massage Therapy Gloria J. Pezzetti - Board of Examiners for Massage Therapy Ralph R. Stephens - Board of Examiners for Massage Therapy Dr. Kim T. Lozier - Board of Podiatry Examiners AMENDMENTS FILED S-3021 S.F. 98 Elaine Szymoniak Richard F. Drake S-3022 S.F. 8 Gene Maddox John W. Jensen Patrick J. Deluhery S-3023 S.F. 160 Kitty Rehberg ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 9:12 a.m., until 1:00 p.m., Monday, March 1, 1999. 400 JOURNAL OF THE SENATE 46th Day 46th Day THURSDAY, FEBRUARY 25, 1999 401
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