Senate Journal: Monday, January 27, 1997

  __________


  NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, January 27, 1997

  The Senate met in regular session at 1:08 p.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Ken Meissner, pastor of the Rowley
  Presbyterian Church, Rowley, Iowa

  The Journal of Thursday, January 23, 1997 , was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Flynn until he arrives on request of Senator Gronstal, Senator McCoy
  until
  he arrives on request of Senator Dearden and Senator Hedge for the week on
  request
  of Senator Borlaug.

  INTRODUCTION OF BILLS

  Senate File 61, by Flynn, a bill for an act relating to the
  membership of a joint 911 service board.

  Read first time and passed on file.

  Senate File 62, by Black of Jasper, a bill for an act establishing a
  committee to develop a long-range, comprehensive, and integrated
  plan for delivering support and services to senior citizens.

  Read first time and passed on file.

  Senate File 63, by Black of Jasper, a bill for an act relating to and
  making an appropriation to the department of elder affairs for the
  operation of a statewide case management program for long-term
  care for the frail elderly.
  15th Day MONDAY, JANUARY 27, 1997 127
  Read first time and passed on file.

  Senate File 64, by Black of Jasper, a bill for an act providing a
  reduction in automobile liability premiums for certain drivers who
  successfully complete a safe driving course.

  Read first time and passed on file.

  Senate File 65, by Black of Jasper, a bill for an act relating to the
  establishment of a pharmaceutical assistance program for the elderly,
  and providing a penalty.

  Read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 1:16 p.m.,
  until 4:30 p.m.
  128 JOURNAL OF THE SENATE 15th Day
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  NATURAL RESOURCES & ENVIRONMENT

  Convened: January 22, 1997, 1:48 p.m.

  Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D.
  Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge,
  McKibben, Rehberg and Zieman.

  Members Absent: none.

  Committee Business: Approved committee rules as amended.

  Adjourned: 2:24 p.m.

  STATE GOVERNMENT

  Convened: January 23, 1997, 2:00 p.m.

  Members Present: Lind, Chair; Rittmer, Vice Chair; Kibbie, Ranking Member;
  Deluhery, Fink, Gronstal, Halvorson, King, McKibben, and Rife.

  Members Absent: Drake, Lundby, McLaren, Szymoniak and Tinsman.

  Committee Business: Discussed and deferred action on SSB 3.

  Adjourned: 2:45 p.m.

  WAYS AND MEANS

  Convened: January 23, 1997, 11:36 a.m.

  Members Present: Douglas, Chair; Palmer, Ranking Member; Borlaug, Connolly,
  Drake, Freeman, Judge and Redfern.

  Members Absent: McKibben, Vice Chair; Deluhery, Hedge, Maddox, McLaren
  Szymoniak and Vilsack (all excused).

  Committee Business: Assigned bills to subcommittees.

  Adjourned: 11:38 a.m.

  APPROP. SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

  Convened: January 23, 1997, 9:42 a.m.

  Members Present: Lundby, Chair; Bartz, Vice Chair; McCoy, Ranking Member; J.
  Black and Gettings.
  15th Day MONDAY, JANUARY 27, 1997 129
  Members Absent: none.

  Committee Business: Budget presentations by the department of revenue and
  finance and office of the treasurer.

  Adjourned: 10:48 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: January 23, 1997, 9:30 a.m.

  Members Present: Borlaug, Chair; Schuerer, Vice Chair; Fink and Zieman.

  Members Absent: Vilsack, Ranking Member (excused).

  Committee Business: Presentations by the department of management and the
  division of community and rural development.

  Adjourned: 11:20 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH & HUMAN RIGHTS

  Convened: January 23, 1997, 10:35 a.m.

  Members Present: Rittmer, Chair; Redfern, Vice Chair and Flynn, Ranking
  Member.

  Members Absent: Jensen and Palmer (both excused).

  Committee Business: Budget presentation by the department of management.

  Adjourned: 10:55 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: January 22, 1997, 9:46 a.m.

  Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Redwine and Szymoniak.

  Members Absent: none.

  Committee Business: Presentations by the department of human services and
  the
  legislative fiscal bureau on the impact of federal welfare reform.

  Adjourned: 11:19 a.m.


  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: January 23, 1997, 9:39 a.m.

  Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member and Redwine.
  130 JOURNAL OF THE SENATE 15th Day
  Members Absent: Szymoniak (excused).

  Committee Business: Subcommittee amended and approved and submitted LSB
  1720 to the full Appropriations Committee.

  Adjourned: 11:31 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened: January 23, 1997, 9:39 a.m.

  Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member
  and Fraise.

  Members Absent: McKean (excused).

  Committee Business: Budget presentations by the department of public safety
  and
  Board of Parole.

  Adjourned: 11:07 a.m.

  APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS

  Convened: January 23, 1997, 9:40 a.m.

  Members Present: Rife, Chair; Kramer, Vice Chair and Deluhery.

  Members Absent: Neuhauser, Ranking Member and McLaren (excused).

  Committee Business:  Budget presentation by information technology services
  enterprise; presentation from budget management director, governor's
  proposed
  technology investment account.

  Adjourned: 11:51 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE &
  CAPITALS

  Convened: January 23, 1997, 9:45 a.m.

  Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking
  Member;
  Connolly and Douglas.

  Members Absent: none.

  Committee Business: Overview of funding on infrastructure and capitals by
  LFB;
  governor's proposals for 1997, 1998 and 1999: rebuild Iowa infrastructure
  fund were
  distributed.

  Adjourned: 11:10 a.m.
  15th Day MONDAY, JANUARY 27, 1997 131
  PRESENTATION OF GUEST

  Senator Jensen introduced Randy Ash, the conservator who worked
  on the restoration of the picture "PLENTY" in the Capitol rotunda.

  MOTION TO RECONSIDER

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S(3007
  to Senate Resolution 1 was adopted by the Senate on January 14, 1997.

  JOHN W. JENSEN

  STUDY BILLS RECEIVED

  SSB 38  Business & Labor

  Relating to eligibility for unemployment compensation benefits for
  temporary employees of a temporary employment firm.

  SSB 39  Business & Labor

  Establishing a self-employment assistance program and providing
  an effective date and a termination date.

  SSB 40  Natural Resources, Environment and Energy

  Relating to the issuance of deer licenses to control deer population.

  SSB 41  Natural Resources

  Relating to the regulation of the use and disposal of sewage sludge
  and providing a penalty.

  SSB 42  Natural Resources & Environment

  Relating to extending the boundaries of a sanitary district.

  SSB 43  Natural Resources & Environment

  Relating to animal feeding operations by providing for zoning and
  providing for liability of members holding an interest in certain
  entities.
  132 JOURNAL OF THE SENATE 15th Day
  SSB 44  Natural Resources & Environment

  Transferring proceeds of excise taxes on sale of snowmobile fuel to
  the special conservation fund.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 22

  NATURAL RESOURCES & ENVIRONMENT: Freeman, Chair; Dearden and
  McKibben

  Senate File 58

  STATE GOVERNMENT: King, Chair; Halvorson and McKibben

  SSB 38

  BUSINESS AND LABOR: Behn, Chair; Freeman and Gettings

  SSB 39

  BUSINESS AND LABOR: Schuerer, Chair; Dearden and Zieman
  15th Day MONDAY, JANUARY 27, 1997 133
  AFTERNOON SESSION

  The Senate reconvened at 4:38 p.m., President Kramer presiding.

  INTRODUCTION OF BILLS

  Senate File 66, by Maddox, a bill for an act providing for drug
  testing of public safety employees and making penalties applicable.

  Read first time and passed on file.

  Senate File 67, by Black of Jasper, a bill for an act relating to
  medical assistance by providing for the creation of a committee to
  develop a plan for the funding of services provided under the medical
  assistance program to be implemented if federal funding for medical
  assistance is reduced or provided under a block grant and by making
  state taxation reform contingent upon the impact of federal
  legislation which provides medical assistance funding.

  Read first time and passed on file.

  Senate File 68, by Black of Jasper, a bill for an act relating to and
  making appropriations for programs for elderly persons to the
  department of elder affairs and the Iowa department of public health.

  Read first time and passed on file.

  Senate File 69, by Tinsman, Angelo, Maddox, Freeman, Rittmer,
  Black of Kossuth, and Drake, a bill for an act relating to the amount
  of the retirement income tax exemption for purposes of state
  individual income taxation and providing a retroactive applicability
  date.

  Read first time and passed on file.

  Senate File 70, by Dvorsky, a bill for an act providing for
  regulation of the sale of liquefied petroleum gas, and making
  penalties applicable.

  Read first time and passed on file.

  Senate File 71, by Dvorsky, a bill for an act requiring dealers of
  liquefied petroleum gas to make information relating to
  common
  134 JOURNAL OF THE SENATE 15th Day
  purchase options available to residential customers and to offer
  contract purchase options to those customers.

  Read first time and passed on file.

  Senate File 72, by Freeman, a bill for an act relating to
  occupational hearing loss, concerning the definitions, apportionment
  of hearing loss, and measurement of hearing loss.

  Read first time and passed on file.

  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 23, 1997, adopted the following resolution in which the
  concurrence of
  the Senate is asked:

  House Concurrent Resolution 5, a concurrent resolution
  relating to joint rules of the Senate and House of Representatives for
  the Seventy-seventh General Assembly.

  This bill was read first time and passed on file.

  QUORUM CALL

  Senator Iverson requested a non record roll call to determine that a
  quorum was present.

  The vote revealed 45 present, 5 absent and a quorum present.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Lundby until she arrives on request of Senator Freeman.

  UNFINISHED BUSINESS
  (Deferred January 14, 1997)

  Senate Resolution 1

  The Senate resumed consideration of Senate Resolution 1, a senate
  resolution relating to permanent rules of the senate for the seventy-
  15th Day MONDAY, JANUARY 27, 1997 135
  seventh general assembly and amendment S-3001 by Senator
  Halvorson to page 50 of the resolution, deferred January 14, 1997
  (amendments S-3003 and S-3004 deferred and pending).

  Senator Lind raised the point of order that amendment S-3001
  was not germane to the bill.

  The Chair ruled the point not well taken and amendment S-3001
  in order.

  Senator Halvorson moved the adoption of amendment S-3001 and
  requested a record roll call.

  On the question "Shall amendment S-3001 be adopted?" (S.R. 1)
  the vote was:

  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, 26:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Iverson Jensen King
  Kramer Lind Maddox McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Hedge Lundby Rife

  Amendment S-3001 lost.

  Senator Halvorson withdrew amendment S-3016 filed by him on
  January 14, 1997, to page 21 of the resolution.

  Senator Halvorson offered amendment S-3014 filed by him on
  January 22, 1997, to page 34 of the resolution and moved its adoption.
  136 JOURNAL OF THE SENATE 15th Day
  Amendment S-3014 lost by a voice vote.

  Senator Halvorson offered amendment S-3020 filed by him from
  the floor to page 21 of the resolution, moved its adoption, and
  requested a record roll call.

  On the question "Shall amendment S-3020 be adopted?" (S.R. 1)
  the vote was:

  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, 26:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Iverson Jensen King
  Kramer Lind Maddox McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Hedge Lundby Rife

  Amendment S-3020 lost.

  Senator Halvorson offered amendment S-3002 filed by him on
  January 14, 1997, to page 50 of the resolution and moved its adoption.

  Amendment S-3002 lost by a voice vote.

  With the adoption of amendment S-3007 on January 14, 1997, the
  Chair ruled amendment S-3003 by Senators Neuhauser and
  Connolly to page 37 of the resolution, deferred on January 14, 1997,
  out of order.
  15th Day MONDAY, JANUARY 27, 1997 137
  The Senate resumed consideration of amendment S-3004 by
  Senator Halvorson to pages 49 and 50 of the resolution, deferred
  January 14, 1997.

  Senator Halvorson moved the adoption of amendment S-3004 and
  requested a non record roll call.

  The ayes were 21, nays 27.

  Amendment S-3004 lost.

  Senator Jensen called up the motion to reconsider the vote by
  which amendment S-3007 to Senate Resolution 1 was adopted by
  the Senate on January 14, 1997, filed by him on January 27, 1997,
  found on page 131 of the Senate Journal, moved its adoption and
  requested a record roll call.

  On the question "Shall the motion to reconsider be adopted?" (S.R.
  1) the vote was:

  Ayes, 28:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Iverson Jensen King
  Kramer Lind Maddox McKean
  McKibben McLaren Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Zieman

  Nays, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Szymoniak Vilsack

  Absent or not voting, 2:

  Hedge Lundby

  The motion prevailed and amendment S-3007 by Senators
  Connolly, et al., to page 37 of the resolution was taken up for
  reconsideration.
  138 JOURNAL OF THE SENATE 15th Day
  Senator Connolly moved the adoption of amendment S-3007.

  A record roll call was requested.

  On the question "Shall amendment S-3007 be adopted?" (S.R. 1)
  the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 24:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  Maddox McCoy Neuhauser Palmer
  Redwine Szymoniak Tinsman Vilsack

  Nays, 24:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Iverson Jensen King
  Kramer Lind McKean McKibben
  McLaren Redfern Rehberg Rensink
  Rife Rittmer Schuerer Zieman

  Absent or not voting, 2:

  Hedge Lundby

  Amendment S-3007 lost.

  Senator Deluhery rose on a point of parliamentary inquiry to
  question if the voting machine should be locked after Senate Rule 23
  is invoked.

  The Chair stated that the voting machine should be locked after
  Senate Rule 23 is invoked.

  Senator Connolly asked and received unanimous consent that
  action on Senate Resolution 1  be deferred.
  15th Day MONDAY, JANUARY 27, 1997 139
  INTRODUCTION OF BILLS

  Senate Concurrent Resolution 4, by Bartz, a concurrent
  resolution recognizing the importance of training for emergency
  medical services (EMS) dispatcher operators and identifying
  legislative intent.

  Read first time and passed on file.

  Senate File 73, by Flynn, a bill for an act increasing the allowable
  maximum gross weight for special trucks.

  Read first time and passed on file.

  Senate File 74, by Kibbie and Judge, a bill for an act relating to
  practices involving the marketing of livestock by packers, by
  prohibiting price discrimination, requiring reporting, and providing
  criminal penalties and civil remedies.

  Read first time and passed on file.

  Senate File 75, by Committee on Natural Resources and
  Environment, a bill for an act relating to the qualifications of
  groundwater professionals.

  Read first time and placed on calendar.
  140 JOURNAL OF THE SENATE 15th Day
  APPENDIX

  BILLS ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of the following bills
  to committee:

  S. F.  61 Commerce
  S. F.  62 Human Resources
  S. F.  63 Human Resources
  S. F.  64 Transportation
  S. F.  65 Human Resources
  S. F.  66 Business & Labor
  S. F.  67 Human Resources
  S. F.  68 Human Resources
  S. F.  69 Ways and Means
  S. F.  70 Commerce
  S. F.  71 Natural Resources & Envionment
  S. F.  72 Business and Labor

  AMENDMENTS FILED

  S(3019 S. F.  5 John P. Kibbie
  S(3020 S. R.  1 Rod Halvorson
  S(3021 S. R.  1 Mike Connolly
  S(3022 S. R.  1 Mike Connolly


  ANNOUNCEMENT OF APPOINTMENTS
  BY THE PRESIDENT OF THE SENATE

  The President of the Senate announced the following statutory
  legislator appointments:

  IOWA LEGISLATIVE COUNCIL MEMBERS

  Mary Kramer, President
  Don Redfern, President Pro Tem
  Stewart Iverson, Jr., Majority Leader
  Mike Gronstal, Minority Leader
  Derryl McLaren, Appropriations Chair
  Tom Flynn, Ranking Appropriations Member
  John Jensen
  15th Day MONDAY, JANUARY 27, 1997 141
  Jerry Behn
  Nancy Boettger
  Rod Halvorson
  Johnie Hammond
  Patty Judge

  IOWA LEGISLATIVE COUNCIL COMMITTEES

  Administration Committee:

  John Jensen
  Jerry Behn
  Patty Judge

  Fiscal Committee:

  Derryl McLaren
  Stewart Iverson, Jr.
  JoAnn Douglas
  Tom Flynn
  Bill Palmer

  Legislative Capital Projects Committee:

  John Jensen
  Derryl McLaren
  Nancy Boettger
  Tom Flynn
  Rod Halvorson

  Service Committee:

  Stewart Iverson, Jr.
  Don Redfern
  Mike Gronstal

  Studies Committee:

  Stewart Iverson, Jr.
  Mary Kramer
  Nancy Boettger
  Johnie Hammond
  Mike Gronstal

  The members of the International Relations Committee will be appointed at a
  later
  date.

  COMMITTEE REPORT

  NATURAL RESOURCES AND ENVIRONMENT
  142 JOURNAL OF THE SENATE 15th Day
  Final Bill Action: SENATE FILE 75 (SSB 12), a bill for an act relating to
  the
  qualifications of groundwater professionals.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Bill Action: Ayes, 13; Bartz, Angelo, Fink, D. Black, J. Black,
  Borlaug,
  Dearden, Deluhery, Dvorsky, Judge, McKibben, Rehberg and Zieman. Nays, none.
  Absent or not voting, 2: Freeman and Hedge.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:37 p.m.,
  until 9:00 a.m., January 28, 1997.

Iowa General Assembly

Index: Senate Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

Comments? sjourn@legis.iowa.gov.

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