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EIGHTY-FIRST CALENDAR DAY FORTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 1, 1999 The Senate met in regular session at 9:21 a.m., President Kramer presiding. Prayer was offered by Pastor Justin C. May of the Akron First Church of Christ, Akron, Iowa. The Journal of Wednesday, March 31, 1999, was approved. BILL REFERRED TO COMMITTEE Senator Hedge asked and received unanimous consent that Senate File 464 be referred from the Appropriations Calendar to the Unfinished Business Calendar. ADOPTION OF RESOLUTION Senator Hedge asked and received unanimous consent to take up for consideration Senate Resolution 11. Senate Resolution 11 On motion of Senator Rehberg, Senate Resolution 11, a resolution congratulating members of the All-Iowa Community College Academic Team, with report of committee recommending passage, was taken up for consideration. Senator Rehberg moved adoption of Senate Resolution 11, which motion prevailed by a voice vote. 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 31, 1999, passed the following bills in which the concurrence of the Senate is asked: House File 683, a bill for an act relating to mediation services related to custody, visitation, and support of a child. Read first time and referred to committee on Judiciary. House File 734, a bill for an act relating to the drug utilization review commission and providing an effective date. Read first time and referred to committee on Human Resources. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: April 1, 1999, 2:25 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, Black, Bolkcom, Connolly, Deluhery, Dvorsky, Freeman, Hammond, Hedge, Jensen, Johnson, King, Lamberti, Maddox, McCoy, Redwine, Rehberg, Schuerer, Soukup, and Tinsman. Members Absent: Horn and Rife (both excused). Committee Business: Approved SSB 1205. Adjourned: 3:35 p.m. COMMERCE Convened: April 1, 1999, 1:05 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: Passed HFs 331, 375, 448, and 700. Recommended governor's appointee for confirmation. Adjourned: 1:30 p.m. EDUCATION Convened: April 1, 1999, 9:01 a.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Members Absent: Redwine (excused). Committee Business: Subcommittee assignment. Passed HF 675, as amended. Recommended governor's appointee for confirmation. Adjourned: 9:10 a.m. HUMAN RESOURCES Convened: April 1, 1999, 9:37 a.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: None. Committee Business: Passed HF 664, as amended. Passed HFs 255, 707, 734, and 741. Adjourned: 10:27 a.m. LOCAL GOVERNMENT Convened: April 1, 1999, 11:02 a.m. Members Present: Angelo, Chair; Bartz, Vice Chair; Bolkcom, Ranking Member; Fraise, Gaskill, Judge, Hammond, McCoy, McKean, McKibben, Miller, Rife, and Zieman. Members Absent: None. Committee Business: Passed HF 472, as amended. Passed HFs 115, 474, and 703. Recommended governor's appointee for confirmation.%'% Adjourned: 11:37 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Convened: April 1, 1999, 10:10 a.m. Members Present: Lundby, Chair; Flynn, Hansen, Judge, Rittmer, Sexton, Soukup, and Zieman. Members Absent: Behn, Vice Chair; Shearer, Ranking Member; Boettger, Tinsman, and Veenstra (all excused). Committee Business: Passed HFs 337 and 676. Recommended governor's appointees for confirmation. Adjourned: 10:20 a.m. STATE GOVERNMENT Convened: April 1, 1999, 11:05 a.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: Passed SCR 13. Passed HFs 100, 310, 688, and HJR 13. Withdrew HF 590. Recommended governor's appointee for confirmation. Adjourned: 11:38 a.m. TRANSPORTATION Convened: April 1, 1999, 9:45 a.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKibben, Rittmer, and Zieman. Members Absent: McKean (excused). Committee Business: Passed HF 634. Adjourned: 9:53 a.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Gladys Binning, Leon - For celebrating your 100th Birthday on April 7, 1999. Senator Angelo (03/31/99). Barbara Cunningham, Shenandoah - For being the recipient of the Charles F. Martin Award, Iowa State Education Association's top award. Senator Angelo (04/01/99). Julia Frost, Leon - For celebrating your 100th Birthday on April 1, 1999. Senator Angelo (03/31/99). E. C. Wickersham, Marshalltown - For celebrating your 100th Birthday. Senator McKibben (03/31/99). PETITIONS The following petitions were presented and placed on file by: Senator Hedge, from twenty-nine residents of Mahaska, Keokuk, Wapello, and Washington Counties, Iowa, favoring legislation regarding the Fuel Quality Standard for Iowa. Senator McLaren, from eighty-nine residents of Pottawattamie and Cass Counties, Iowa, favoring legislation increasing ethanol production and raising the value of corn. Senator Miller, from forty residents of Wapello and Jefferson Counties, Iowa, favoring legislation regarding the Ethanol Mandate. Senator Rehberg, from twenty-seven residents of Fayette County, Iowa, favoring legislation regarding Ethanol. Senator Rife, from forty-five residents of Cedar and Scott Counties, Iowa, favoring Senate File 400 - Fuel Quality Standard (Ethanol). Senator Soukup, from one hundred and twenty-eight residents of Howard and Mitchell Counties, Iowa, favoring legislation regarding the Ethanol Mandate. 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 April 1, 1999: EDUCATION Connie Cook - School Budget Review Committee LOCAL GOVERNMENT Joanne Stockdale - County Finance Committee SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM David J. Lyons - Director of the Department of Economic Development Robert Bocken - Iowa Economic Development Board Pamela Sessions - Iowa Economic Development Board GOVERNOR'S APPOINTEE PLACED ON INDIVIDUAL CONFIRMATION CALENDAR MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the name of James Braun to Environmental Protection Commission be removed from the "En Bloc Confirmation Calendar" and placed on the "Individual Confirmation Calendar." JOHN W. JENSEN INTRODUCTION OF BILLS Senate File 465, by committee on Ways and Means, a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 466, by committee on Ways and Means, a bill for an act relating to the remediation of agrichemical sites, providing for fees, and providing for the repeal of a section relating to cleanup prioritization. Read first time under Rule 28 and placed on Ways and Means calendar. Senate File 467, by Redfern, a bill for an act relating to the filing deadline for an application for exemption from property taxation of certain real estate and providing an effective date and an applicability date. Read first time under Rule 28 and referred to committee on Ways and Means. SUBCOMMITTEE ASSIGNMENTS House File 675 EDUCATION: Sexton, Chair; Rehberg and Shearer House File 680 EDUCATION: Rehberg, Chair; Dvorsky and Veenstra House File 703 LOCAL GOVERNMENT: Angelo, Chair; Fraise and Gaskill House File 734 HUMAN RESOURCES: Redwine, Chair; Boettger, Hammond, Szymoniak, and Tinsman COMMITTEE REPORTS COMMERCE Final Bill Action: HOUSE FILE 331, a bill for an act relating to transfers of structured settlement payment rights for tort and workers' compensation claims, providing civil remedies, and an applicability date. Recommendation: DO PASS. Final Vote: Ayes, 13: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 2: Gronstal and Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 375, a bill for an act eliminating the requirement that information relating to open-end credit accounts and credit cards be filed with the treasurer of state. Recommendation: DO PASS. Final Vote: Ayes, 13: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 2: Gronstal and Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 448, a bill for an act prohibiting the transmission of electronic mail which includes advertisements in certain circumstances and providing for monetary damages, criminal penalties, and other remedies. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Johnson, King, Lamberti, McCoy, Redfern, Redwine, and Schuerer. Nays, 1: Lundby. Absent or not voting, 2: Gronstal and Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 700, a bill for an act relating to the liability for unpaid rates or charges of a city utility or enterprise service for water, sewage, and solid waste services. Recommendation: DO PASS. Final Vote: Ayes, 13: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Nays, none. Absent or not voting, 2: Gronstal and Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: *HOUSE FILE 675, a bill for an act relating to schools and school districts by affecting boiler and steam vesselmaintenance and monitoring, the regular school calendar, superintendent licensure and qualifications, and school breakfast programming. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3218. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Nays, none. Absent or not voting, 1: Redwine. 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 House File 675, and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: HOUSE FILE 255, a bill for an act relating to visitation provisions between siblings under a custody order. Recommendation: DO PASS. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, andVeenstra. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 707, a bill for an act relating to regulation of needles by requiring the conducting of a study. Recommendation: DO PASS. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, andVeenstra. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 734, a bill for an act relating to the drug utilization review commission and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Nays, 1: Hammond. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 741, a bill for an act relating to the authorization requirements for psychiatric medical institutions for children and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, andVeenstra. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 664, a bill for an act creating an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3217. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, Dvorsky, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, andVeenstra. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 115, a bill for an act relating to the award of a contract for a public improvement by a city or the governing body of a city utility. Recommendation: DO PASS. Final Vote: Ayes, 13: Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond, Judge, McCoy, McKean, McKibben, Miller, Rife, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 472, a bill for an act relating to burial sites on private property. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3219. Final Vote: Ayes, 13: Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond, Judge, McCoy, McKean, McKibben, Miller, Rife, and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 474, a bill for an act relating to the powers and duties of county treasurers by amending Code sections pertaining to special assessments, certain motor vehicle ownership transfers, tax statement addresses, tax redemption, and tax clearance statements for mobile homes, and providing effective date and applicability date provisions. Recommendation: DO PASS. Final Vote: Ayes, 12: Angelo, Bartz, Bolkcom, Fraise, Gaskill, Hammond, Judge, McCoy, McKean, McKibben, Miller, and Zieman. Nays,none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 703, a bill for an act relating to membership of county compensation boards. Recommendation: DO PASS. Final Vote: Ayes, 9: Angelo, Bartz, Fraise, Gaskill, Judge, McKean, McKibben, Miller, and Zieman. Nays, 3: Bolkcom, Hammond, andMcCoy. Pass, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Final Bill Action: HOUSE FILE 337, a bill for an act relating to the workforce development fund account and fees paid by community colleges and generated by the funding of new jobs training programs. Recommendation: DO PASS. Final Vote: Ayes, 8: Lundby, Flynn, Hansen, Judge, Rittmer, Sexton, Soukup, and Zieman. Nays, none. Absent or not voting, 5: Behn, Shearer, Boettger, Tinsman, and Veenstra. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 676, a bill for an act amending provisions in the "Iowa Agricultural Industry Finance Act". Recommendation: DO PASS. Final Vote: Ayes, 8: Lundby, Flynn, Hansen, Judge, Rittmer, Sexton, Soukup, and Zieman. Nays, none. Absent or not voting, 5: Behn, Shearer, Boettger, Tinsman, and Veenstra. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 13, a concurrent resolution urging the Governor to appoint a commission to develop design proposals for Iowa's participation in the United States Mint's 50 state quarters program. 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: HOUSE JOINT RESOLUTION 13, a joint resolution requesting the United States Department of Defense and the United States Army to place additional production work at the Rock Island Arsenal. 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: HOUSE FILE 100, a bill for an act relating to the revocation or suspension of a law enforcement officer's certification. 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: HOUSE FILE 310, a bill for an act relating to the licensure or regulation of alarm system, bail enforcement, private investigative, or private security businesses, and providing a penalty and an effective date. Recommendation: DO PASS. Final Vote: Ayes, 14: Rittmer, Lamberti, Kibbie, Connolly, Dearden, Deluhery, Drake, Fink, Lundby, Maddox, McLaren, Schuerer, Sexton, and Szymoniak. Nays, 1: King. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 688, a bill for an act providing for the designation of a state poet laureate. 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. TRANSPORTATION Final Bill Action: HOUSE FILE 634, a bill for an act relating to expenditure of moneys from the primary road fund for dust control on certain roads. Recommendation: DO PASS. Final Vote: Ayes, 12: Drake, Sexton, McCoy, Fink, Fraise, Freeman, Jensen, Judge, Kibbie, McKibben, Rittmer, and Zieman. Nays, none. Absent or not voting, 1: McKean. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: *SENATE FILE 465 (Formerly SF 411), a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Johnson, McKibben, Harper, Bartz, Bolkcom, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. Nays, 1: Connolly. Fiscal Note: 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 465, and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 466 (Formerly SF 452), a bill for an act relating to the remediation of agrichemical sites, providing for fees, and providing for the repeal of a section relating to cleanup prioritization. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Johnson, McKibben, Harper, Bartz, Bolkcom, Connolly, Deluhery, Drake, Flynn, Hedge, Lamberti, Maddox, McLaren, Redwine, and Soukup. 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 Ways and Means Committee on Senate File 466, and they were attached to the committee report. AMENDMENTS FILED S-3213 H.F. 476 Elaine Szymoniak S-3214 H.F. 476 Dennis H. Black S-3215 H.F. 476 Dennis H. Black S-3216 H.F. 696 Merlin E. Bartz Joe Bolkcom JoAnn Johnson David P. Miller S-3217 H.F. 664 Human Resources S-3218 H.F. 675 Education S-3219 H.F. 472 Local Government ADJOURNMENT On motion of Senator Hedge, the Senate adjourned at 9:39 a.m., until 1:00 p.m., Monday, April 4, 1999. 902 JOURNAL OF THE SENATE 81st Day 81st Day THURSDAY, APRIL 1, 1999 901
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