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FIFTY-EIGHTH CALENDAR DAY THIRTY-FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, March 9, 1999 The Senate met in regular session at 9:12 a.m., Senator Bartz presiding. Prayer was offered by the Honorable Bill Fink, member of the Senate from Warren County, Carlisle, Iowa. The Journal of Monday, March 8, 1999, was approved. INTRODUCTION OF BILL Senate File 337, by committee on Local Government , a bill for an act relating to landlords' and tenants' relations, by providing notice requirements, establishing a tenant's duty to properly maintain utility facilities, and providing for other properly related matters and an effective date. Read first time and placed on calendar. BILL REFERRED TO COMMITTEE Senator Hedge asked and received unanimous consent that Senate File 317 be referred from the Regular Calendar to the committee on Education. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: March 4, 1999, 10:36 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; Flynn and Sexton. Members Absent: None. Committee Business: Approved SSB 1159. Adjourned: 12:30 p.m. COMMERCE Convened: March 8, 1999, 2:25 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, King, Lamberti, McCoy, Redfern, and Redwine. Members Absent: Hansen, Johnson, Lundby, and Schuerer (all excused). Committee Business: Approved SSBs 1071 and 1135. Adjourned: 3:15 p.m. HUMAN RESOURCES Convened: March 8, 1999, 1:33 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Harper, Miller, Shearer, Tinsman, and Veenstra. Members Absent: Dvorsky, Hammond, and Schuerer (all excused). Committee Business: Passed SFs 211 and 306. Adjourned: 2:45 p.m. TRANSPORTATION Convened: March 8, 1999, 1:30 p.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Fraise, Freeman, Jensen, Judge, Kibbie, McKean, Rittmer, and Zieman. Members Absent: Fink and McKibben (both excused). Committee Business: Passed SFs 218, 288, and 297. Adjourned: 1:55 p.m. AGRICULTURE Convened: March 9, 1999, 8:06 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Behn, Hedge, Judge, Kibbie, Sexton, Shearer, Veenstra, and Zieman. Members Absent: Black and Soukup (both excused). Committee Business: Approved SSBs 1126 and 1188. Passed SF 131. Adjourned: 8:57 a.m. APPROPRIATIONS Convened: March 9, 1999, 11:52 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, and Tinsman. Members Absent: Rife, Schuerer, and Soukup (all excused). Committee Business: Approved SSBs 1171 and 1175. Adjourned: 12:36 p.m. BUSINESS AND LABOR RELATIONS Convened: March 9, 1999, 3:48 p.m. Members Present: McKibben, Chair; Dearden, Ranking Member; Fraise, Hansen, Hedge, Horn, King, Rife, and Schuerer. Members Absent: Freeman, Vice Chair; and Behn (both excused). Committee Business: Subcommittee assignments. Adjourned: 3:51 p.m. JUDICIARY Convened: March 9, 1999, 2:45 p.m. Members Present: McKean, Chair; Lamberti, Vice Chair; Hansen, Ranking Member; Angelo, Boettger, Dvorsky, Fraise, Horn, Maddox, McCoy, McKibben, Miller, and Tinsman. Members Absent: Hammond and Redfern (both excused). Committee Business: Subcommittee assignments. Approved SSB 1172. Passed SF 129. Adjourned: 3:15 p.m. LOCAL GOVERNMENT Convened: March 9, 1999, 10:37 a.m. Members Present: Angelo, Chair; Fraise, Hammond, Judge, McCoy, McKibben, and Zieman. Members Absent: Bartz, Vice Chair; Bolkcom, Ranking Member; Gaskill, McKean, Miller, and Rife (all excused). Committee Business: Subcommittee assignments. Adjourned: 10:41 a.m. NATURAL RESOURCES AND ENVIRONMENT Convened: March 9, 1999, 9:35 a.m. Members Present: Bartz, Chair; King, Vice Chair; Fink, Ranking Member; Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, and Rife. Members Absent: Black and Rehberg (both excused). Committee Business: Passed HF 349. Approved SSBs 1031 and 1090. Adjourned: 10:40 a.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: March 9, 1999, 9:35 a.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: Approved SSB 1080. Adjourned: 10:00 a.m. INTRODUCTION OF BILLS Senate File 338, by committee on Commerce, a bill for an act relating to access privileges to certain buildings and structures by certified local exchange carriers and franchised cable television providers. Read first time under Rule 28 and placed on calendar. Senate File 339, by committee on Transportation, a bill for an act providing for directional signs for historic sites listed on the national register of historic places. Read first time under Rule 28 and placed on calendar. Senate File 340, by King, a bill for an act providing for drug and alcohol testing of public sector employees and prospective public sector employees, establishing a civil penalty, and providing an effective date. Read first time under Rule 28 and referred to committee on Business and Labor Relations. Senate File 341, by Kibbie, Hammond, Bolkcom, Hansen, Horn, Soukup, Deluhery, Connolly, Fink, Black, Dvorsky, Fraise, and Flynn, a bill for an act regulating the siting of confinement feeding operations by counties. Read first time under Rule 28 and referred to committee on Agriculture. Senate File 342, by Bolkcom, Deluhery, Gronstal, Horn, Connolly, Kibbie, Hansen, Fraise, and Judge, a bill for an act establishing a commission on the status of Iowans of Asian and Pacific Islander heritage within the department of human rights. Read first time under Rule 28 and referred to committee on State Government. Senate File 343, by Dvorsky, Deluhery, Gronstal, and Horn, a bill for an act relating to the rate of compensation for attorneys representing certain indigents and changing the procedure for approval of indigent defense costs. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 344, by Dvorsky, Deluhery, Gronstal, and Horn, a bill for an act relating to the payment of the legal defense costs of indigent persons, expanding the duties of the state public defender, and providing for the appointment and removal of certain state public defender personnel. Read first time under Rule 28 and referred to committee on Judiciary. Senate File 345, by Dvorsky, a bill for an act requiring practitioner preparation program students and licensed teachers to successfully complete instruction relating to the teaching of students with disabilities. Read first time under Rule 28 and referred to committee on Education. Senate File 346, by Fink, a bill for an act relating to public meeting requirements for involuntary annexations and elections on annexation petitions or plans. Read first time under Rule 28 and referred to committee on Local Government. Senate File 347, by Connolly, Shearer, Fink, Kibbie, Deluhery, McCoy, Horn, Harper, Flynn, Black, Dvorsky, Hammond, Bolkcom, Gronstal, Dearden, Fraise, Hansen, Judge, Soukup, and Szymoniak, a bill for an act relating to the establishment of an Iowa early intervention program, and making appropriations. Read first time under Rule 28 and referred to committee on Education. Senate File 348, by Connolly, Horn, Harper, Gronstal, Black, Deluhery, McCoy, Hammond, Szymoniak, Shearer, Dvorsky, Kibbie, and Bolkcom, a bill for an act relating to the career pathways program and to reimbursement claims for the costs of career pathways employability skills assessments, and making an appropriation. Read first time under Rule 28 and referred to committee on Education. Senate File 349, by Hammond, Kibbie, Gronstal, Connolly, Deluhery, Horn, Hansen, Dvorsky, McCoy, Szymoniak, Fraise, Harper, Bolkcom, and Judge, a bill for an act to establish standards for improvement of the quality of health care benefits for children provided by insurance carriers or organized delivery systems. Read first time under Rule 28 and referred to committee on Human Resources. Senate File 350, by Rehberg, a bill for an act relating to the deduction of certain distributions in computing the state corporate income tax and including a retroactive applicability date provision. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 351, by committee on Local Government, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability. Read first time under Rule 28 and placed on calendar. Senate File 352, by committee on Transportation, a bill for an act relating to reflective devices on slow-moving vehicles. Read first time under Rule 28 and placed on calendar. Senate File 353, by committee on Small Business, Economic Development and Tourism, a bill for an act establishing the community attraction and tourism development program and fund, making an appropriation, and providing an effective date. Read first time under Rule 28 and placed on calendar. Senate File 354, by Deluhery, Jensen, and Bolkcom, a bill for an act providing for the regulation of viatical settlement contracts when sold as investments. Read first time under Rule 28 and referred to committee on Commerce. Senate File 355, by Deluhery and Maddox, a bill for an act relating to the disposition of certain lost property. Read first time under Rule 28 and referred to committee on Local Government. Senate File 356, by McKean, a bill for an act relating to nonprofit housing corporations, municipal housing projects, related property tax exemptions, and property assessment considerations, and providing an effective date. Read first time under Rule 28 and referred to committee on Ways and Means. Senate File 357, by King, a bill for an act creating an Iowa products of high quality commission. Read first time under Rule 28 and referred to committee on State Government. Senate File 358, by Connolly, a bill for an act relating to the establishment of a country schools historical resource preservation grant program to be administered by the historical division of the department of cultural affairs and providing for an appropriation for the program. Read first time under Rule 28 and referred to committee on Education. Senate File 359, by Maddox, a bill for an act relating to urban renewal, by amending provisions relating to urban renewal plans, to certification of urban renewal debt, and to tax increment financing in urban renewal areas, and providing for the Act's applicability. Read first time under Rule 28 and referred to committee on Local Government. Senate File 360, by Jensen, a bill for an act establishing a protocol for visitors to the state capitol. Read first time under Rule 28 and referred to committee on State Government. Senate File 361, by committee on Appropriations, a bill for an act relating to enforcement, prevention, education, and treatment for substance abuse and sexual abuse, and providing appropriations. Read first time under Rule 28 and placed on Appropriations calendar. INTRODUCTION OF RESOLUTIONS Senate Joint Resolution 9, by Kibbie, Deluhery, Horn, Gronstal, Connolly, Dvorsky, Bolkcom, and Fraise, a joint resolution directing the Secretary of State to conduct a nonbinding election on Iowa's state slogan to be held in conjunction with a statewide special election for submission of constitutional amendments to the people and providing an effective date. Read first time under Rule 28 and referred to committee on State Government. Senate Concurrent Resolution 8, by Maddox and Harper, a concurrent resolution designating March 1999 as Iowa Women's History Month. Read first time under Rule 28 and referred to committee on State Government. STUDY BILLS RECEIVED SSB 1188 Agriculture A Concurrent Resolution relating to the livestock industry, by requesting that the United Stated Congress take actions necessary to stabilize the agricultural economy and to request that the United States Department of Justice investigate unfair practices by meatpackers. SSB 1190 Local Government Relating to the declaration of marijuana to be a primary noxious weed. SSB 1191 Natural Resources and Environment Relating to surface water and groundwater monitoring, establishing a biological marker system task force, and making appropriations. SSB 1192 Education Allowing certain school district bond issues to be issued jointly by two or more school districts. SSB 1193 Business and Labor Relations Providing for employer contribution rates under the unemployment compensation program. SSB 1194 Judiciary Relating to the payment of the legal defense costs of indigent persons, expanding the duties of the state public defender, and providing for the appointment and removal of certain state public defender personnel. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 7 STATE GOVERNMENT: Rittmer, Chair; Deluhery and Lamberti Senate Joint Resolution 8 STATE GOVERNMENT: Lamberti, Chair; Fink and King Senate File 62 (Reassignment) STATE GOVERNMENT: Kibbie, Chair; Lundby and Rittmer Senate File 212 STATE GOVERNMENT: Rittmer, Chair; Dearden and King Senate File 260 EDUCATION: Gaskill, Chair; Sexton and Shearer Senate File 289 (Reassignment) STATE GOVERNMENT: Dearden, Chair; Drake and Rittmer Senate File 302 EDUCATION: Sexton, Chair; Fink and Veenstra Senate File 310 JUDICIARY: Maddox, Chair; Fraise and McKean Senate File 326 JUDICIARY: Maddox, Chair; Fraise and McKibben Senate File 332 SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM: Boettger, Chair; Judge and Tinsman Senate File 333 WAYS AND MEANS: Redwine, Chair; Bolkcom and McLaren House File 418 WAYS AND MEANS: McKibben, Chair; Flynn and Maddox SSB 1188 AGRICULTURE: Bartz, Chair; Angelo and Fraise SSB 1190 LOCAL GOVERNMENT: Bartz, Chair; Bolkcom and McKean SSB 1191 NATURAL RESOURCES AND ENVIRONMENT: Bartz, Chair; Bolkcom and Rife SSB 1192 EDUCATION: Veenstra, Chair; Gaskill and Shearer SSB 1193 BUSINESS AND LABOR RELATIONS: Schuerer, Chair; Behn and Fraise SSB 1194 JUDICIARY: Maddox, Chair; Fraise and McKibben COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: *SENATE FILE 361 (SSB 1175), a bill for an act relating to enforcement, prevention, education, and treatment for substance abuse and sexual abuse, and providing appropriations. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 21: McLaren, Kramer, Flynn, Behn, Black, Bolkcom, Connolly, Deluhery, Freeman, Hammond, Hedge, Horn, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, and Tinsman. Nays, 1: Dvorsky. Absent or not voting, 3: Rife, Schuerer, and Soukup. 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 Appropriations Committee on Senate File 361, and they were attached to the committee report. COMMERCE Final Bill Action: SENATE FILE 338 (SSB 1135), a bill for an act relating to access privileges to certain buildings and structures by certified local exchange carriers and franchised cable television providers. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, King, Lamberti, McCoy, Redfern, and Redwine. Nays, none. Absent or not voting, 4: Hansen, Johnson, Lundby, and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES Final Bill Action: SENATE FILE 211, a bill for an act relating to eligibility of certain disabled persons under the optional services coverage category of medical assistance. Recommendation: DO PASS. Final Vote: Ayes, 10: Boettger, Redwine, Szymoniak, Bartz, Behn, Harper, Miller, Shearer, Tinsman, and Veenstra. Nays, none. Absent or not voting, 3: Dvorsky, Hammond, and Schuerer. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 306, a bill for an act providing for recognition of high quality child day care providers. Recommendation: DO PASS. Final Vote: Ayes, 9: Boettger, Redwine, Szymoniak, Bartz, Harper, Miller, Shearer, Tinsman, and Veenstra. Nays, 1: Behn. Absent or not voting, 3: Dvorsky, Hammond, and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: SENATE FILE 337 (SSB 1118), a bill for an act relating to landlords' and tenants' relations, by providing notice requirements, establishing a tenant's duty to properly maintain utility facilities, and providing for other properly related matters and an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Angelo, Bartz, Fraise, Gaskill, Judge, McKean, Miller, Rife, and Zieman. Nays, none. Absent or not voting, 4: Bolkcom, Hammond, McCoy, and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 351 (SSB 1170), a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond, Judge, McCoy, McKean, Miller, Rife, and Zieman. Nays, none. Absent or not voting, 1: McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: HOUSE FILE 349, a bill for an act eliminating requirements relating to the department of natural resources adopting rules requiring public water systems to test source water. Recommendation: DO PASS. Final Vote: Ayes, 13: Bartz, King, Fink, Bolkcom, Dearden, Deluhery, Drake, Freeman, Gaskill, Johnson, Kibbie, Miller, and Rehberg. Nays, none. Absent or not voting, 2: Black and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Final Bill Action: SENATE FILE 353 (SSB 1080), a bill for an act establishing the community attraction and tourism development program and fund, making an appropriation, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 11: Lundby, Behn, Shearer, Boettger, Flynn, Judge, Rittmer, Sexton, Tinsman, Veenstra, and Zieman. Nays, none. Absent or not voting, 2: Hansen and Soukup. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 298, a bill for an act relating to the liability of volunteer fire departments for penalties for occupational safety and health violations. Recommendation: DO PASS. Final Vote: Ayes, 13: Rittmer, Lamberti, Kibbie, Connolly, Deluhery, Drake, Fink, King, Lundby, Maddox, McLaren, Sexton, and Szymoniak. Nays, 1: Dearden. Absent or not voting, 1: Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: SENATE FILE 339 (Formerly SF 288), a bill for an act providing for directional signs for historic sites listed on the national register of historic places. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Drake, Sexton, McCoy, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, Rittmer, and Zieman. Nays, none. Absent or not voting, 2: Fink and McKibben. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 352 (Formerly SF 218), a bill for an act relating to reflective devices on slow-moving vehicles. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Drake, Sexton, McCoy, Fraise, Freeman, Jensen, Judge, Kibbie, McKean, Rittmer, and Zieman. Nays, none. Absent or not voting, 2: Fink and McKibben. 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 352, and they were attached to the committee report. AMENDMENTS FILED S-3047 S.F. 291 Mike Connolly S-3048 S.F. 276 John Redwine S-3049 S.F. 276 John Redwine S-3050 S.F. 276 Elaine Szymoniak John Redwine ADJOURNMENT On motion of Senator Hedge, the Senate adjourned at 9:26 a.m., until 9:00 a.m., Wednesday, March 10, 1999. 524 JOURNAL OF THE SENATE 58th Day 58th Day TUESDAY, MARCH 9, 1999 523
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