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__________ FOURTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, January 16, 1997 The Senate met in regular session at 9:06 a.m., President Kramer presiding. Prayer was offered by the Honorable H. Kay Hedge, member of the Senate from Mahaska County, Fremont, Iowa The Journal of Wednesday, January 15, 1997, was approved. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Concurrent Resolution 1 be immediately messaged to the House. The Senate stood at ease at 9:15 a.m., until the fall of the gavel. The Senate resumed session at 9:39 a.m., President Kramer presiding. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM. PRESIDENT: I am directed to inform your honorable body that the House has on January 16, 1997, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 4, a concurrent resolution requesting the Congress of the United States to submit to the States for ratification a balanced budget amendment to the United States Constitution. 4th Day THURSDAY, JANUARY 16, 1997 77 This resolution was read first time and assigned to the committee on State Government. RECESS President Kramer announced that the Senate will recess at 9:40 a.m., until 1:00 p.m. AFTERNOON SESSION The Senate reconvened at 1:06 p.m., President Kramer presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 36 present, 14 absent and a quorum present. COMMITTEE REPORT STATE GOVERNMENT Final Bill Action: HOUSE CONCURRENT RESOLUTION 4, a concurrent resolution requesting the Congress of the United States to submit to the States for ratification a balanced budget amendment to the United States Constitution. Recommendation: DO PASS. Final Bill Action: Ayes, 14: Lind, Rittmer, Kibbie, Deluhery, Fink, Gronstal, Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Drake. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ADOPTION OF RESOLUTION (Regular Calendar) Senator Tinsman asked and received unanimous consent to take up for consideration House Concurrent Resolution 4. House Concurrent Resolution 4 On motion of Senator Tinsman, House Concurrent Resolution 4, a concurrent resolution requesting the Congress of the United States to 78 JOURNAL OF THE SENATE 4th Day submit to the States for ratification a balanced budget amendment to the United States Constitution, with report of committee recommending passage, was taken up for consideration. Senator Connolly withdrew amendment S-3010 filed by him from the floor to pages 1 and 3 of the resolution. Senator Tinsman moved the adoption of House Concurrent Resolution 4, and requested a record roll call. On the question "Shall the resolution be adopted?" (H.C.R. 4) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Drake McCoy Rensink The motion prevailed and the resolution was adopted. Senator Iverson asked and received unanimous consent that House Concurrent Resolution 4 be immediately messaged to the House. INTRODUCTION OF BILLS Senate File 34, by Rife, a bill for an act relating to the allocation of gambling receipts to horse race purses. Read first time and passed on file. 4th Day THURSDAY, JANUARY 16, 1997 79 Senate File 35, by committee on Ways and Means, a bill for an act eliminating the inheritance tax on property passing to parents, grandparents, great-grandparents, and other lineal ascendants, children including legally adopted children and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren, and other lineal descendants of the decedent and providing an applicability date provision. Read first time and placed on calendar. 80 JOURNAL OF THE SENATE 4th Day REPORT OF THE SECRETARY OF THE SENATE MADAM PRESIDENT: Pursuant to Senate Rule 21, I report that in engrossing Senate Concurrent Resolution 1, the following corrections were made: 1. Page 9, line 27, the number "3" was changed to the number "38". 2. Page 20, line 18, the words "seventy-sixth" were changed to the words "seventy- seventh". MARY PAT GUNDERSON Secretary of the Senate REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS Convened: January 15, 1997, 11:36 a.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Lind, Lundby, Maddox, McCoy, Neuhauser, Rittmer, Tinsman and Vilsack. Members Absent: Rensink (excused) and Rife. Committee Business: Adopted committee rules. Adjourned: 12:03 p.m. BUSINESS AND LABOR Convened: January 15, 1997, 1:20 p.m. Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member; Behn, Freeman, Horn, Jensen, Palmer and Schuerer. Members Absent: Gettings and Zieman. Committee Business: Adopted committee rules. Adjourned: 1:25 p.m. EDUCATION Convened: January 15, 1997, 1:26.p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine and Tinsman. Members Absent: Rensink and Szymoniak (both excused). 4th Day THURSDAY, JANUARY 16, 1997 81 Committee Business: Adopted committee rules Adjourned: 1:36 p.m. JUDICIARY Convened: January 15, 1997, 2:55 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Members Absent: none. Committee Business: Adopted committee rules. Adjourned: 3:12 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: January 15, 1997, 2:00 p.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben and Rehberg. Members Absent: Zieman. Committee Business: Adopted committee rules. Adjourned: 2:22 p.m. STUDY BILLS RECEIVED SSB 1.1 Ways & Means An Act eliminating the inheritance tax on property passing to parents, grandparents, great-grandparents, and other lineal ascendants, children including legally adopted children and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren and other lineal descendants of the decedent and providing an applicability date provision. SSB 4 Appropriations Relating to and making supplemental appropriations for the fiscal year beginning July 1, 1996, and providing an effective date. SSB 5 Appropriations Relating to energy conservation including making appropriations of petroleum overcharge funds. 82 JOURNAL OF THE SENATE 4th Day BILL ASSIGNED TO COMMITTEE President Kramer announced that Senate File 33 was assigned to the committee on Judiciary. COMMITTEE REPORTS STATE GOVERNMENT Final Bill Action: SENATE JOINT RESOLUTION 1 (SSB 2), a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the equality of rights of men and women under the law. Recommendation: APPROVED COMMITTEE BILL. Final Bill Action: Ayes, 14: Lind, Rittmer, Kibbie, Deluhery, Fink, Gronstal, Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Drake. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: WAYS AND MEANS Final Bill Action: SENATE FILE 35 (SSB 1.1), a bill for an act eliminating the inheritance tax on property passing to parents, grandparents, great-grandparents, and other lineal ascendants, children including legally adopted children and biological children entitled to inherit under the laws of this state, stepchildren, and grandchildren, great-grandchildren, and other lineal descendants of the decedent and providing an applicability date provision. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren and Redfern Nays, 1: Vilsack. Absent or not voting, 1: Szymoniak. Fiscal Note: REQUIRED UNDER JOINT RULE 17. INTRODUCTION OF BILLS Senate File 36, by Iverson, a bill for an act relating to agricultural drainage wells, by restricting the emptying of surface water into the wells, providing for compliance, and providing penalties. Read first time under Rule 28 and passed on file. Senate Joint Resolution 1, by committee on State Government, a 4th Day THURSDAY, JANUARY 16, 1997 83 senate joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the equality of rights of men and women under the law. Read first time under Rule 28 and placed on calendar. AMENDMENT FILED S-3010 H.C.R. 4 Mike Connolly ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 1:40 p.m., until 9:00 a.m., Friday, January 17, 1997.
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