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FIFTY-SEVENTH CALENDAR DAY THIRTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 8, 1999 The Senate met in regular session at 1:04 p.m., President Kramer presiding. Prayer was offered by the Honorable Ken Veenstra, member of the Senate from Sioux County, Orange City, Iowa. The Journal of Thursday, March 4, 1999, was approved. HOUSE MESSAGES RECEIVED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on March 4, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 299, a bill for an act relating to applications for motor vehicle registration and issuance of certificate of title. Read first time and referred to committee on Transportation. House File 418, a bill for an act exempting the sale of argon and similar gases used in the manufacturing process from the sales and use taxes, providing limited refunds, and including effective and retroactive applicability date provisions. Read first time and referred to committee on Ways and Means. INTRODUCTION OF BILLS Senate File 312, by committee on Natural Resources and Environment, a bill for an act establishing the senior conservation and outdoor recreation employment program under the administration of the department of workforce development. Read first time and placed on calendar. Senate File 313, by committee on Natural Resources and Environment, a bill for an act prohibiting the sale or distribution of purple loosestrife. Read first time and placed on calendar. Senate File 314, by committee on State Government , a bill for an act relating to the minimum training standards for operation of radiation machines. Read first time and placed on calendar. Senate File 315, by committee on Natural Resources and Environment, a bill for an act creating a loess hills preservation and development alliance, providing for its membership, powers and duties, and providing for other properly related matters. Read first time and placed on calendar. Senate File 316, by committee on State Government, a bill for an act concerning state government personnel benefit programs for state employees and a related tax exemption, and providing an effective and retroactive applicability date. Read first time and placed on calendar. Senate File 317, by committee on State Government, a bill for an act relating to the student member of the state board of regents and providing a contingent effective date. Read first time and placed on calendar. Senate File 318, by committee on Commerce, a bill for an act relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions. Read first time and placed on calendar. Senate File 319, by committee on Commerce, a bill for an act relating to the deposit of public funds and the conditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits. Read first time and placed on calendar. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: March 4, 1999, 9:55 a.m. Members Present: King, Chair; and Harper. Members Absent: Lundby, Vice Chair; Deluhery, Ranking Member; and Rittmer. Committee Business: Discussion of budget and policy concerning technology for the year. Adjourned: 10:55 a.m. COMMERCE Convened: March 4, 1999, 1:05 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: None. Committee Business: Approved SSBs 1072.1, 1101, 1124, 1138, and 1142. Adjourned: 2:28 p.m. LOCAL GOVERNMENT Convened: March 4, 1999, 2:06 p.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Fraise, Gaskill, Hammond, Judge, McCoy, McKean, Miller, Rife, and Zieman. Members Absent: McKibben (excused). Committee Business: Approved SSBs 1118 and 1170. Adjourned: 2:30 p.m. GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR The following appointee, assigned to standing committee for investigation, was placed on the En Bloc Calendar with recommendation for confirmation on February 16, 1999: COMMERCE Christine A. Hunziker - Title Guaranty Division Board The following appointees, assigned to standing committees for investigation, were placed on the En Bloc Calendar with recommendations for confirmation on February 22, 1999: HUMAN RESOURCES Dr. Timothy A. Gibbons - Board of Examiners for Athletic Training Carolyn D. Olson-Illg - Iowa Empowerment Board Joseph B. Ryan - Health Facilities Council Sister Helen M. Huewe - Healthy and Well Kids in Iowa (HAWK-I) Board Dr. Don C. Van Dyke - Prevention of Disabilities Policy Council The following appointee, assigned to standing committee for investigation, was placed on the En Bloc Calendar with recommendation for confirmation on February 24, 1999: HUMAN RESOURCES Rose A. Vasquez - Director of the Department of Human Rights INTRODUCTION OF BILLS Senate File 320, by Fink, Shearer, Kibbie, Connolly, Deluhery, Gronstal, Soukup, Judge, Horn, Bolkcom, Black, Dvorsky, and Fraise, a bill for an act relating to surface water and groundwater monitoring, establishing a biological marker system task force, and making appropriations. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 321, by Boettger, a bill for an act relating to contracts between school districts and postsecondary institutions for postsecondary-level instruction at secondary schools. Read first time under Rule 28 and referred to committee on Education. Senate File 322, by Kibbie, Soukup, Fraise, Fink, Hansen, Dvorsky, and Bolkcom, a bill for an act providing for unformed manure storage structures associated with animal feeding operations, by providing for their regulation and elimination, providing assistance to close the structures, making penalties applicable, providing for the repeal of sections, and providing an effective date. Read first time under Rule 28 and referred to committee on Natural Resources and Environment. Senate File 323, by committee on State Government, a bill for an act relating to the use of professional designations by audiologists and speech pathologists. Read first time under Rule 28 and placed on calendar. Senate File 324, by committee on Commerce, a bill for an act relating to certain franchise agreements and the rights and responsibilities of the parties under such agreements. Read first time under Rule 28 and placed on calendar. Senate File 325, by Shearer, a bill for an act providing for the elimination of special education deficits incurred by school districts, making an appropriation, and including an effective date and applicability provision. Read first time under Rule 28 and referred to committee on Education. Senate File 326, by Maddox, a bill for an act establishing the rates of compensation for private, noncontract, court-appointed attorneys. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 327, by Shearer, a bill for an act providing disability benefits for special service members of the Iowa public employees' retirement system. Read first time under Rule 28 and referred to committee on State Government. Senate File 328, by McLaren, Freeman, Jensen, Connolly, Kibbie, Veenstra, King, Boettger, and Johnson, a bill for an act establishing a tourism 2000 fund and providing for activities related to a tourism 2000 congress. Read first time under Rule 28 and referred to committee on State Government. Senate File 329, by Kibbie, Shearer, Fink, Connolly, Gronstal, Deluhery, Soukup, Horn, Bolkcom, Flynn, Black, Dvorsky, Hammond, Dearden, Fraise, Hansen, Harper, Judge, McCoy, and Szymoniak, a bill for an act establishing the enrich Iowa program for eligible public libraries, making an appropriation, and providing an effective date. Read first time under Rule 28 and referred to committee on Education. Senate File 330, by Kibbie, Dvorsky, Bolkcom, and Connolly, a bill for an act allowing certain school district bond issues to be issued jointly by two or more school districts. Read first time under Rule 28 and referred to committee on Education. Senate File 331, by Kibbie, Black, Bolkcom, Connolly, Dearden, Deluhery, Dvorsky, Fink, Flynn, Fraise, Gronstal, Hammond, Hansen, Harper, Horn, Judge, McCoy, Shearer, Szymoniak, and Soukup, a bill for an act relating to and making appropriations to the property tax relief fund for county mental health, mental retardation, and developmental disability expenditures and including an effective date and applicability provision. Read first time under Rule 28 and referred to committee on Appropriations. Senate File 332, by Boettger and King, a bill for an act relating to public policy involving the use of the English language and assistance to legal immigrants and foreign nationals and providing a future repeal. Read first time under Rule 28 and referred to committee on Small Business, Economic Development, and Tourism. Senate File 333, by Shearer, a bill for an act relating to the allocation of local option sales tax for school infrastructure revenue, and including an effective date and retroactive applicability provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 334, by Szymoniak, Shearer, Kibbie, Connolly, Soukup, McCoy, Horn, Harper, Bolkcom, Black, Gronstal, Deluhery, Hammond, Flynn, Dvorsky, Fraise, and Judge, a bill for an act relating to and making appropriations for early childhood programs involving community empowerment areas and the child development coordinating council. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 335, by committee on Commerce, a bill for an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy. Read first time under Rule 28 and placed on calendar. Senate File 336, by committee on Commerce, a bill for an act prohibiting unauthorized changes in telecommunications service, prohibiting certain acts in the advertisement or solicitation of changes in telecommunications service, and providing remedies and penalties. Read first time under Rule 28 and placed on calendar. STUDY BILLS RECEIVED SSB 1185 Human Resources Relating to the Iowa community empowerment Act and related provisions, and providing an effective date. SSB 1186 Judiciary Relating to fees and costs associated with the filing of a petition for relief from domestic abuse, and permitting the extension or renewal of protective orders against domestic abuse. SSB 1187 Judiciary To extend the jurisdiction of the juvenile court to include adoption and termination of parental rights proceedings. SSB 1189 Natural Resources and Environment Relating to a civil penalty for violating administrative rules of the department of natural resources. SUBCOMMITTEE ASSIGNMENTS Senate File 270 JUDICIARY: Lamberti, Chair; Hammond and McKean Senate File 271 APPROPRIATIONS: Freeman, Chair; Dvorsky and Maddox Senate File 279 TRANSPORTATION: Drake, Chair; Jensen and McCoy Senate File 288 TRANSPORTATION: Drake, Chair; Jensen and McCoy Senate File 295 JUDICIARY: Maddox, Chair; Horn and McKean Senate File 297 TRANSPORTATION: Fraise, Chair; Drake and Jensen Senate File 306 HUMAN RESOURCES: Tinsman, Chair; Boettger and Hammond Senate File 311 TRANSPORTATION: Drake, Chair; Fraise and Jensen House File 332 APPROPRIATIONS: Freeman, Chair; Behn and Soukup SSB 1185 HUMAN RESOURCES: Boettger, Chair; Redwine and Szymoniak SSB 1186 JUDICIARY: Boettger, Chair; Hammond and Redfern SSB 1187 JUDICIARY: Maddox, Chair; Hansen and Lamberti SSB 1189 NATURAL RESOURCES AND ENVIRONMENT: Fink, Chair; Miller and Black COMMITTEE REPORTS COMMERCE Final Bill Action: *SENATE FILE 318 (SSB 1101), a bill for an act relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions. 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. *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Commerce Committee on Senate File 318, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 319 (SSB 1124), a bill for an act relating to the deposit of public funds and the conditions which must be met by a savings and loan association or savings bank to be eligible to receive such deposits. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. 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 Commerce Committee on Senate File 319, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 324 (SSB 1072.1), a bill for an act relating to certain franchise agreements and the rights and responsibilities of the parties under such agreements. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Present, 2: Lamberti and Lundby. 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 Commerce Committee on Senate File 324, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 335 (SSB 1142), a bill for an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. 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 Commerce Committee on Senate File 335, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 336 (SSB 1138), a bill for an act prohibiting unauthorized changes in telecommunications service, prohibiting certain acts in the advertisement or solicitation of changes in telecommunications service, and providing remedies and penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Hansen, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. 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 Commerce Committee on Senate File 336, and they were attached to the committee report. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 312 (Formerly SF 142), a bill for an act establishing the senior conservation and outdoor recreation employment program under the administration of the department of workforce development. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Nays, none. Absent or not voting, 1: Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 313 (Formerly SF 220), a bill for an act prohibiting the sale or distribution of purple loosestrife. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Nays, none. Absent or not voting, 1: Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 315 (Formerly SF 274), a bill for an act creating a loess hills preservation and development alliance, providing for its membership, powers and duties, and providing for other properly related matters. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Bartz, King, Fink, Black, Bolkcom, Dearden, Deluhery, Drake, Gaskill, Johnson, Kibbie, Miller, Rehberg, and Rife. Nays, none. Absent or not voting, 1: Freeman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: *SENATE FILE 314 (SSB 1165), a bill for an act relating to the minimum training standards for operation of radiation machines. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Rittmer, Kibbie, Dearden, Deluhery, Drake, Fink, King, Lundby, McLaren, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 3: Lamberti, Connolly, and Maddox. 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 State Government Committee on Senate File 314, and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 316 (SSB 1179), a bill for an act concerning state government personnel benefit programs for state employees and a related tax exemption, and providing an effective and retroactive applicability date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Rittmer, Kibbie, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 2: Lamberti and Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 317 (SSB 1154), a bill for an act relating to the student member of the state board of regents and providing a contingent effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Rittmer, Kibbie, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 2: Lamberti and Connolly. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 323 (Formerly SF 27), a bill for an act relating to the use of professional designations by audiologists and speech pathologists. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Rittmer, Kibbie, Dearden, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, none. Absent or not voting, 2: Lamberti and Connolly. 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 State Government Committee on Senate File 323, and they were attached to the committee report. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 1:11 p.m., until 9:00 a.m., Tuesday, March 9, 1999. 510 JOURNAL OF THE SENATE 57th Day 57th Day MONDAY, MARCH 8, 1999 509
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