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Senate Journal: Thursday, February 25, 1999

  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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