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__________ SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, January 22, 1997 The Senate met in regular session at 9:12 a.m., President Kramer presiding. Prayer was offered by Iman Ako Abdul-Samad, of the Organization of Islamic Ummah, Des Moines, Iowa The Journal of Tuesday, January 21, 1997, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Vilsack until he arrives on request of Senator Black of Jasper and Senator Hedge until he arrives on request of Senator Iverson. INTRODUCTION OF BILLS Senate Joint Resolution 2, by Zieman, A Joint Resolution proposing an amendment to the Constitution of the State of Iowa to change the length of term of office for members of the Iowa House of Representatives. Read first time and passed on file. Senate Joint Resolution 3, by Zieman, A Joint Resolution proposing an amendment to the Constitution of the State of Iowa to limit the years of service for members of the Senate and the House of Representatives, and to limit the years of service for Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of State, and Treasurer of State. Read first time and passed on file. Senate File 43, by Zieman, a bill for an act setting the time for the closing of precinct polling places. 100 JOURNAL OF THE SENATE 10th Day Read first time and passed on file. Senate File 44, by Zieman, a bill for an act limiting the number of terms and years of service a person may serve as Iowa secretary of agriculture and providing applicability and effective date provisions. Read first time and passed on file. RECESS On motion of Senator Iverson, the Senate recessed at 9:28 a.m., until 3:00 p.m. 10th Day WEDNESDAY, JANUARY 22, 1997 101 APPENDIX STUDY BILLS RECEIVED SSB 14 Commerce Relating to the kinds of separately metered properties for which a landlord may be exempted from a lien for delinquent water services. SSB 15 Transportation Relating to motor vehicle operator prohibitions and restrictions including those related to intoxication or simulation of intoxication in the interior of a motor vehicle located on public roads or property, following another motor vehicle too closely, exhibition driving, littering, blood alcohol test certificates, and handicapped parking, and by establishing or making existing penalties applicable. SSB 16 Commerce A Concurrent Resolution encouraging the federal government to investigate the pricing of liquid propane gas and other heating fuels. SSB 17 Judiciary Relating to certain criminal identification and historical data, by eliminating the requirement for fingerprinting of juveniles adjudicated as operating while intoxicated first offenders, providing for retention of acquittal and dismissal information, and applying penalties. SSB 18 Judiciary Relating to the criteria for placement of delinquent children, for whom guardianship has been transferred to the director of human services, in certain facilities. SSB 19 Judiciary Relating to prisons, jails, and other correctional and juvenile detention facilities by making changes related to escape and voluntary absence from custody or a correctional facility; establishing 102 JOURNAL OF THE SENATE 10th Day the offense of promoting or possessing contraband in prisons, jails, and juvenile facilities; and providing penalties. SSB 20 Judiciary A Joint Resolution proposing an amendment to the Constitution of the State of Iowa to eliminate the limitation on fines for offenses which may be summarily tried without indictment. SSB 21 Judiciary Relating to the imposition of consecutive sentences for escapes from or crimes committed while confined in detention facilities or penal institutions. SSB 22 Judiciary Relating to work programs for inmates and criminal defendants. SSB 23 Judiciary To establish separate recycling funds for each prison institution within the state treasury and making related changes. SSB 24 Judiciary To prohibit acts by inmates of correctional institutions or facilities which result in contact with bodily fluids or secretions or the casting or expelling of bodily fluids or secretions upon another, and providing penalties. SSB 25 Judiciary Relating to the appointment of district judges in lieu of district associate judges. SSB 26 Judiciary Eliminating the restitution limit for the offense of operating while intoxicated. SSB 27 Judiciary To include certain products containing ephedrine as schedule V controlled substances. 10th Day WEDNESDAY, JANUARY 22, 1997 103 SSB 28 Commerce Relating to the authorized use and users of the Iowa communications network and providing an effective date. REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: January 16, 1997, 9:40 a.m. Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member; Kibbie and Rehberg. Members Absent: none. Committee Business: Discussed governor's budget recommendations. Adjourned: 11:07 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: January 16, 1997, 9:45 a.m. Members Present: Rittmer, Chair; Redfern, Vice Chair; Flynn, Ranking Member; Jensen and Palmer. Members Absent: none. Committee Business: Adopted committee rules and reviewed budgets. Adjourned: 10:30 a.m. APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE & CAPITALS Convened: January 16, 1997, 9:45 a.m. Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: none. Committee Business: Organizational meeting and adopted committee rules. Adjourned: 10:20 a.m. COMMERCE Convened: January 21, 1997, 3:47 p.m. 104 JOURNAL OF THE SENATE 10th Day Members Present: Jensen, Chair; Schuerer, Vice Chair; Bartz, Douglas, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Members Absent: Deluhery, Ranking Member (excused) and Flynn Committee Business: Presentation by the Iowa Insurance Division. Adjourned: 4:28 p.m. HUMAN RESOURCES Convened: January 21, 1997, 2:18 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, J. Black, Dearden, , Schuerer, Tinsman and Vilsack. Members Absent: Dvorsky, Hammond, Rensink (all excused). Committee Business: Discussed video shown in accordance with Senate File 13. Adjourned: 2:35 p.m. SMALL BUSINESS AND ECONOMIC DEVELOPMENT Convened: January 15, 1997, 2:05 p.m. Members Present: Rittmer, Chair; Lundby, Vice Chair; Hansen, Ranking Member; Boettger, Douglas, Flynn, Hammond, King, Lind, Palmer, Redwine and Schuerer. Members Absent: McCoy. Committee Business: Organizational meeting and adopted committee rules. Adjourned: 2:39 p.m. TRANSPORTATION Convened: January 21, 1997, 2:35 p.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, Lind, McKean, McKibben and Rittmer. Members Absent: none. Committee Business: Recommended passage of Senate File 5; assigned bills to subcommittees. Adjourned: 2:53 p.m. SUBCOMMITTEE ASSIGNMENTS Senate File 6 JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King 10th Day WEDNESDAY, JANUARY 22, 1997 105 Senate File 8 JUDICIARY: McKean, Chair; Boettger, Halvorson, Maddox and Neuhauser Senate File 12 JUDICIARY: McKibben, Chair; Hansen and Maddox Senate File 16 JUDICIARY: Drake, Chair; Halvorson and Redfern Senate File 20 TRANSPORTATION: McKibben, Chair; Borlaug and McCoy Senate File 23 TRANSPORTATION: Lind, Chair; Drake and Gettings Senate File 24 TRANSPORTATION: Rittmer, Chair; Halvorson and McKean Senate File 29 JUDICIARY: Maddox, Chair; Hammond and McKean Senate File 33 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman Senate File 38 TRANSPORTATION: Freeman, Chair; Fraise and Jensen Senate File 40 JUDICIARY: Drake, Chair; Fraise and King Senate File 41 EDUCATION: Rehberg, Chair; Fink and Rensink SSB 7 COMMERCE: Lundby, Chair; King and Palmer SSB 8 COMMERCE: Lundby, Chair; King and Palmer SSB 9 COMMERCE: Bartz, Chair; McCoy and Redfern 106 JOURNAL OF THE SENATE 10th Day SSB 13 COMMERCE: Maddox, Chair; Douglas and Flynn SSB 15 TRANSPORTATION: McKean, Chair; Fraise and McKibben SSB 16 COMMERCE: Jensen, Chair; Flynn and Schuerer COMMITTEE REPORTS AGRICULTURE Final Bill Action: SENATE CONCURRENT RESOLUTION 2 (SSB 10), a concurrent resolution to request that the United States Internal Revenue Service and the United States Congress act to allow farmers to use deferred payment contracts without being subject to alternative tax liability. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none. Absent or not voting, 1: Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: SENATE CONCURRENT RESOLUTION 3 (SSB 16), a concurrent resolution encouraging the federal government to investigate the pricing of liquid propane gas and other heating fuels. Recommendation: APPROVED COMMITTEE RESOLUTION. Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy and Redfern. Nays, none. Absent or not voting, 2: Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 10th Day WEDNESDAY, JANUARY 22, 1997 107 AFTERNOON SESSION The Senate reconvened at 3:02 p.m., President Kramer presiding. INTRODUCTION OF BILLS Senate Joint Resolution 4, by Angelo, a joint resolution to nullify an administrative rule of the department of corrections concerning dietary requirements in jails and providing an effective date. Read first time and passed on file. Senate File 45, by Maddox, Dearden, Palmer, McCoy, and Szymoniak, a bill for an act relating to the office of city assessor in certain counties. Read first time and passed on file. Senate File 46, by Hammond, a bill for an act relating to the disclosure of certain information relating to tobacco products and cigarettes sold in the state and providing a penalty. Read first time and passed on file. Senate File 47, by Kibbie, a bill for an act increasing the compulsory school attendance age. Read first time and passed on file. Senate File 48, by Tinsman, a bill for an act providing an exemption from state individual income tax for pensions, annuities, and retirement allowances received and providing a retroactive applicability date. Read first time and passed on file. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Horn until he arrives on request of Senator Judge. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. 108 JOURNAL OF THE SENATE 10th Day The vote revealed 38 present, 12 absent and a quorum present. CONSIDERATION OF BILL (Ways and Means Calendar) Senate File 35 On motion of Senator Borlaug, Senate File 35, 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, was taken up for consideration. The Senate stood at ease at 3:17 p.m. until the fall of the gavel for the purpose of party caucuses. The Senate resumed session at 4:00 p.m., President Kramer presiding. BUSINESS PENDING Senate File 35 The Senate resumed consideration of Senate File 35. Senator Judge offered amendment S-3011 filed by Senators Judge, et al., on January 21, 1997, to strike everything after the enacting clause and to the title page of the bill. Senator Borlaug raised the point of order that amendment S-3011 was not germane to the bill. The Chair ruled the point well taken and amendment S-3011 out of order. The Senate stood at ease at 4:10 p.m. until the fall of the gavel for the purpose of a party caucus. The Senate resumed session at 4:30 p.m., President Kramer presiding. 10th Day WEDNESDAY, JANUARY 22, 1997 109 BUSINESS PENDING Senate File 35 The Senate resumed consideration of Senate File 35. Senator Vilsack offered amendment S-3012 filed by him from the floor to pages 1, 2 and the title page of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3012 be adopted?" (S.F. 35) the vote was: Ayes, 19: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Horn Judge Kibbie McCoy Palmer Szymoniak Vilsack Nays, 30: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hansen Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Hedge Amendment S-3012 lost. Senator Kibbie offered amendment S-3018 filed by him from the floor to pages 1, 2 and the title page of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3018 be adopted?" (S.F. 35) the vote was: 110 JOURNAL OF THE SENATE 10th Day Ayes, 21: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 1: Hedge Amendment S-3018 lost. Senator Hansen offered amendment S-3013 filed by him from the floor to pages 1, 2 and the title page of the bill. Senator Bartz raised the point of order that amendment S-3013 was not germane to the bill. The Chair ruled the point not well taken and amendment S-3013 in order. Senator Hansen moved the adoption of amendment S-3013 and requested a record roll call. On the question "Shall amendment S-3013 be adopted?" (S.F. 35) the vote was: Ayes, 17: Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings 10th Day WEDNESDAY, JANUARY 22, 1997 111 Gronstal Halvorson Hansen Horn Judge Kibbie McCoy Neuhauser Szymoniak Nays, 32: Angelo Bartz Behn Black, J. Boettger Borlaug Dearden Douglas Drake Freeman Hammond Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Absent or not voting, 1: Hedge Amendment S-3013 lost. Senator Black of Jasper offered amendment S-3015 filed by him from the floor to pages 1, 2 and the title page of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3015 be adopted?" (S.F. 35) the vote was: Ayes, 18: Bartz Black, D. Connolly Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hansen Horn Judge Kibbie McCoy Neuhauser Szymoniak Nays, 31: Angelo Behn Black, J. Boettger Borlaug Dearden Douglas Drake Freeman Hammond Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman 112 JOURNAL OF THE SENATE 10th Day Absent or not voting, 1: Hedge Amendment S-3015 lost. Senator Palmer offered amendment S-3017 filed by him from the floor to page 2 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3017 be adopted?" (S.F. 35) the vote was: Ayes, 19: Black, D. Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Nays, 30: Angelo Bartz Behn Black, J. Boettger Borlaug Connolly Douglas Drake Freeman Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Absent or not voting, 1: Hedge Amendment S-3017 lost. Senator Borlaug moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 35) the vote was: Ayes, 42: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Deluhery 10th Day WEDNESDAY, JANUARY 22, 1997 113 Douglas Drake Dvorsky Fink Flynn Freeman Gettings Gronstal Halvorson Hansen Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Nays, 7: Connolly Dearden Fraise Hammond Palmer Szymoniak Vilsack Absent or not voting, 1: Hedge The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. INTRODUCTION OF BILLS Senate Concurrent Resolution 2, by committee on Agriculture, a concurrent resolution to request that the United States Internal Revenue Service and the United States Congress act to allow farmers to use deferred payment contracts without being subject to alternative tax liability. Read first time and placed on calendar. Senate Concurrent Resolution 3, by committee on Commerce, a concurrent resolution encouraging the federal government to investigate the pricing of liquid propane gas and other heating fuels. Read first time and placed on calendar. Senate File 49, by Bartz, a bill for an act relating to the purchase of livestock by packers, by prohibiting price discrimination, requiring reporting, and providing criminal penalties and civil remedies. Read first time and passed on file. 114 JOURNAL OF THE SENATE 10th Day Senate File 50, by Gronstal, a bill for an act defining the curricula of practitioner preparation program requirements relating to students with disabilities. Read first time and passed on file. Senate File 51, by Gronstal, a bill for an act eliminating the prohibition on a company formed for the purpose of insurance from offering title insurance or insurance against loss or damage by reason of defective title. Read first time and passed on file. Senate File 52, by Gronstal, a bill for an act relating to the title guaranty division by providing for the appointment of the director and establishing supervisory authority over the title guaranty program. Read first time and passed on file. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate File 35 be immediately messaged to the House. 10th Day WEDNESDAY, JANUARY 22, 1997 115 APPENDIX SUBCOMMITTEE ASSIGNMENTS SSB 17 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman SSB 18 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman SSB 19 JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King SSB 20 JUDICIARY: Redfern, Chair; Tinsman and Vilsack SSB 21 JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King SSB 22 JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King SSB 23 JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King SSB 24 JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King SSB 25 JUDICIARY: Redfern, Chair; McKibben and Neuhauser SSB 26 JUDICIARY: McKean, Chair; Boettger, Halvorson, Neuhauser and Redfern SSB 27 JUDICIARY: King, Chair; Angelo and Neuhauser SSB 28 COMMERCE: Rife, Chair; Gronstal and Redfern 116 JOURNAL OF THE SENATE 10th Day BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 42 Judiciary S. F. 43 State Government S. F. 44 State Government S. F. 45 Local Government S. F. 46 Human Resources S. F. 47 Education S. F. 48 Ways and Means S. J. R. 2 State Government S. J. R. 3 State Government S. J. R. 4 Judiciary AMENDMENTS FILED S(3012 S. F. 35 Tom Vilsack S(3013 S. F. 35 Steven D. Hansen S(3014 S. R. 1 Rod Halvorson S(3015 S. F. 35 Dennis Black S(3016 S. R. 1 Rod Halvorson S(3017 S. F. 35 William D. Palmer S(3018 S. F. 35 John P. Kibbie ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:42 p.m., until 9:00 a.m., Thursday, January 23, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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