Senate Journal: Tuesday, January 28, 1997

  __________


  TENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, January 28, 1997

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Dwayne Madsen, pastor of the Methodist
  Church, Norwalk, Iowa

  The Journal of Monday, January 27, 1997, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Iverson until he arrives on request of Senator Boettger

  RECESS

  On motion of Senator Boettger, the Senate recessed at 9:10 a.m.,
  until 4:30 p.m. .
  144 JOURNAL OF THE SENATE 16th Day
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened: January 22, 1997, 9:45 a.m.

  Members Present: Rensink, Vice Chair; D. Black, Ranking Member; Behn and
  Dearden.

  Members Absent: Hedge, Chair (excused).

  Committee Business: Presentations by the USDA on animal damage control, and
  the Iowa department of natural resources.

  Adjourned: 11:15 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

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

  Members Present: Rensink, Vice Chair; D. Black, Ranking Member; Behn and
  Dearden.

  Members Absent: Hedge, Chair (excused).

  Committee Business: Presentation by the department of natural resources on
  federal funds available; budget presentation by the DALS.

  Adjourned: 10:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened: January 23, 1997, 9:38 a.m.

  Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member;
  Kibbie and Rehberg.

  Members Absent: none.

  Committee Business: Presentations on student financial aid by the Iowa
  college
  student aid commission, Iowa state university, central college and DMACC.

  Adjourned: 11:22 a.m.

  BUSINESS AND LABOR

  Convened: January 27, 1997, 1:34 p.m.
  16th Day TUESDAY, JANUARY 28, 1997 145
  Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member;
  Behn,
  Gettings, Horn, Palmer, Schuerer and Zieman.

  Members Absent: Freeman and Jensen.

  Committee Business: Assigned bills to subcommittees.

  Adjourned: 1:36 p.m.

  EDUCATION

  Convened: January 27, 1997, 1:36 p.m.

  Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine,
  Rensink, Szymoniak and Tinsman.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees and presentation on
  educational applications of ICN.

  Adjourned: 2:43 p.m.

  JUDICIARY

  Convened: January 27, 1997, 4:05 p.m.

  Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking
  Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen,
  McKibben,
  Redfern, Tinsman and Vilsack.

  Members Absent:.King (excused).

  Committee Business: Assigned bills to subcommittees.

  Adjourned: 4:09 p.m.

  SMALL BUSINESS AND ECONOMIC DEVELOPMENT

  Convened: January 27, 1997, 2:58 p.m.

  Members Present: Rittmer, Chair; Hansen, Ranking Member; Boettger, Douglas,
  Hammond, King, Lind, Palmer, Redwine and Schuerer.

  Members Absent: Lundby, Vice Chair (excused), Flynn and McCoy (excused).

  Committee Business: Presentation by the director of the department of
  economic
  development.

  Adjourned: 3:45 p.m.
  146 JOURNAL OF THE SENATE 16th Day
  STUDY BILLS RECEIVED

  SSB 45 Appropriations

  Appropriating federal funds made available from federal block
  grants and other federal grants, allocating portions of federal block
  grants, and providing procedures if federal funds are more or less
  than anticipated or if federal block grants are more or less than
  anticipated and providing an effective date.

  SSB 46 Agriculture

  Modifying the holding temperature required for the storage of eggs
  sold at retail.

  SSB 47 State Government

  Relating to the practice of veterinary medicine and providing a
  penalty.

  SSB 48 Transportation

  Relating to department of transportation operations, including
  eliminating requirements that the department adopt administrative
  rules in certain instances, establishing or increasing certain fees,
  making technical corrections to adjust language, and establishing,
  reducing, or enhancing penalties.

  SSB 49 Commerce

  Relating to finance charges upon refinancing and consolidation of
  debts involving consumer credit transactions.

  SSB 50 Commerce

  Relating to partnerships by replacing the existing law with a
  uniform partnership law and providing and effective date.

  SSB 51 Commerce

  Relating to nonoccupational health care plan payments when an
  employer disputes workers' compensation liability.
  16th Day TUESDAY, JANUARY 28, 1997 147
  SSB 52 Commerce

  Allowing account maintenance fees to be charged in connection
  with certain consumer lines of credit accounts in certain financial
  institutions.

  SSB 53 Commerce

  Relating to the delay of the repeal for the exemption of certain
  multiple employer welfare arrangements from regulation by the
  insurance division and providing an effective date.

  SSB 54 Commerce

  Relating to the acquisition of a branch of an out-of-state state or
  federal savings association by a newly chartered bank and providing
  an effective date.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 36

  AGRICULTURE: Rensink, Chair; Bartz, J. Black, D. Black and Kibbie

  Senate File 48

  WAYS AND MEANS: McKibben, Chair; Freeman and Judge

  Senate File 49

  AGRICULTURE: Bartz, Chair; Hedge and Judge

  Senate File 51

  COMMERCE: Jensen, Chair; Gronstal and Rife

  Senate File 52

  COMMERCE: Jensen, Chair; Gronstal and Rife

  Senate File 53

  WAYS AND MEANS: McKibben, Chair; Freeman and Judge

  Senate File 54

  TRANSPORTATION: Lind, Chair; Gettings and McCoy

  Senate File 60

  WAYS AND MEANS: Maddox, Chair; Redfern and Szymoniak
  148 JOURNAL OF THE SENATE 16th Day
  Senate File 61

  COMMERCE: Jensen, Chair; Flynn and Rife

  Senate File 64

  TRANSPORTATION: Jensen, Chair; Halvorson and McKibben

  Senate File 69

  WAYS AND MEANS: McKibben, Chair; Freeman and Szymoniak

  Senate File 70

  COMMERCE: Jensen, Chair; King and McCoy

  SSB 40

  NATURAL RESOURCES & ENVIRON.: Bartz, Chair; D. Black and Zieman

  SSB 41

  NATURAL RESOURCES & ENVIRON.:.Borlaug, Chair; Judge and Rehberg

  SSB 42

  NATURAL RESOURCES &.ENVIRON.: Bartz, Chair; Dvorsky and McKibben

  SSB 43

  NATURAL RESOURCES & ENVIRON.: Bartz, Chair; J. Black, Fink, Hedge and
  Judge

  SSB 44

  NATURAL RESOURCES & ENVIRON.: Bartz, Chair; D. Black and Zieman

  SSB 45

  APPROPRIATIONS: Tinsman, Chair; Behn, Hammond, McCoy and Rittmer

  SSB 47

  STATE GOVERNMENT: McLaren, Chair; Deluhery, Drake, Fink and Rife

  SSB 48

  TRANSPORTATION: Borlaug, Chair; Drake, Gettings, McCoy and Rittmer
  16th Day TUESDAY, JANUARY 28, 1997 149
  SSB 49

  COMMERCE: Maddox, Chair; Palmer and Schuerer

  SSB 50

  COMMERCE: Maddox, Chair; Hansen and King

  SSB 51

  COMMERCE: Redfern, Chair; Bartz and Palmer

  SSB 52

  COMMERCE: Bartz, Chair; Douglas and Flynn

  SSB 53

  COMMERCE: Schuerer, Chair; Jensen and Palmer

  SSB 54

  COMMERCE: Douglas, Chair; Flynn and Jensen
  150 JOURNAL OF THE SENATE 16th Day
  AFTERNOON SESSION

  The Senate reconvened at 4:38 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 46 present, 4 absent and a quorum present.

  UNFINISHED BUSINESS
  (Deferred January 27, 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-
  seventh general assembly, deferred January 27, 1997.

  With the reconsideration and defeat of amendment S-3007 on
  January 27, 1997, the Chair ruled that amendment S-3003 ruled out
  of order on January 27, 1997, and amendment S-3008 ruled out of
  order on January 14, 1997, were now eligible for consideration.

  Senator Neuhauser asked and received unanimous consent to
  withdraw amendment S-3003 by her and Senator Connolly to page
  37 of the resolution.

  Senator Fraise moved the adoption of amendment S-3008 by him
  to page 37 of the resolution.

  A record roll call was requested.

  On the question "Shall amendment S-3008 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, 23:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  16th Day TUESDAY, JANUARY 28, 1997 151
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  Lind McCoy Neuhauser Palmer
  Redwine Szymoniak Vilsack

  Nays, 25:

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

  Absent or not voting, 2:

  Hedge Rife

  Amendment S-3008 lost.

  Senator Connolly offered amendment S-3021 filed by him on
  January 27, 1997, to page 37 of the resolution, moved its adoption and
  requested a record roll call.

  On the question "Shall amendment S-3021 be adopted?" (S.R. 1)
  the vote was:

  Ayes, 23:

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

  Nays, 26:

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

  Absent or not voting, 1:

  Hedge
  152 JOURNAL OF THE SENATE 16th Day
  Amendment S-3021 lost.

  Senator Connolly offered amendment S-3022 filed by him on
  January 27, 1997, to page 37 of the resolution.

  Senator Connolly rose on a point of parliamentary inquiry that,
  pursuant to Senate Rule 36, the issue of smoking should be lifted
  from the rules of decorum and placed in the rules of the Senate.

  The Senate stood at ease at 5:20 p.m. until the fall of the gavel.

  The Senate resumed session at 5:25 p.m., President Kramer
  presiding.

  The Chair advised that it is appropriate to lift the smoking rules
  from the rules of decorum and be placed in the rules of the Senate,
  and the determination of this matter will be decided by the outcome
  of the vote on amendment S-3022.

  Senator Connolly moved the adoption of amendment S-3022 and
  requested a record roll call.

  On the question "Shall amendment S-3022 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, 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
  16th Day TUESDAY, JANUARY 28, 1997 153
  Absent or not voting, 1:

  Hedge

  Amendment S-3022 lost.

  Senator Iverson offered amendment S-3023 filed by Senators
  Iverson and Gronstal from the floor to page 37 of the resolution and
  moved its adoption.

  Amendment S-3023 was adopted by a voice vote.

  Senator Iverson moved the adoption of Senate Resolution 1.

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

  Ayes, 40:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Deluhery
  Douglas Drake Fink Flynn
  Fraise Freeman Gronstal Hansen
  Horn Iverson Jensen Judge
  Kibbie King Kramer Lind
  Lundby Maddox McKean McKibben
  McLaren Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Zieman

  Nays, 9:

  Connolly Dearden Dvorsky Gettings
  Halvorson Hammond McCoy Neuhauser
  Vilsack

  Absent or not voting, 1:

  Hedge

  The motion prevailed.
  154 JOURNAL OF THE SENATE 16th Day
  Senator Iverson asked and received unanimous consent that a
  message be sent to the House on Senate Resolution 1 for
  informational purposes.

  INTRODUCTION OF BILLS

  Senate File 76, by Dvorsky, a bill for an act authorizing cities and
  counties access to the Iowa communications network, and providing
  an effective date.

  Read first time and passed on file.

  Senate File 77, by Connolly, a bill for an act prohibiting the
  cancellation of certain warranties upon the transfer of certain
  property or goods.

  Read first time and passed on file.

  Senate File 78, by Connolly, a bill for an act relating to media
  services programs and articulated sequential elementary-secondary
  guidance programs in schools and school districts.

  Read first time and passed on file.

  Senate File 79, by committee on State Government, a bill for an
  act relating to a moratorium on the issuance of new licenses to
  conduct gambling games and providing an effective date.

  Read first time and placed on calendar.

  Senate File 80, by Lundby, a bill for an act relating to police
  bicycles.

  Read first time and passed on file.

  Senate File 81, by Hansen, a bill for an act relating to the filing of
  claims for credit or refund by retired federal employees as a result of
  the unconstitutional taxation of federal pensions under the state
  individual income tax and making an annual appropriation and
  providing an effective date.

  Read first time and passed on file.
  16th Day TUESDAY, JANUARY 28, 1997 155
  APPENDIX

  COMMITTEE REPORTS

  APPROPRIATIONS

  Final Bill Action: *SENATE FILE 82 (SSB 5), a bill for an act relating to
  energy
  conservation including making appropriations of petroleum overcharge funds.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug,
  Douglas,
  Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Horn, Jensen, Lind, Lundby,
  Maddox, McCoy, Neuhauser, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays,
  none. Absent or not voting, 1: Hedge.

  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 82 and they were attached to the committee report.

  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 79 (SSB 3), a bill for an act relating to a
  moratorium on the issuance of new licenses to conduct gambling games and
  providing
  an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Lind, Rittmer, Deluhery, Drake, Halvorson, King,
  Lundby,
  McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, 3: Kibbie, Fink and
  Gronstal.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  73 Transportation
  S. F.  74 Agriculture
  S. F.  76 State Government
  156 JOURNAL OF THE SENATE 16th Day
  S. F.  77 Commerce
  S. F.  78 Education
  S. F.  80 Transportation
  S.C.R. 4 State Government

  INTRODUCTION OF BILL

  Senate File 82, by committee on Appropriations, a bill for an act
  relating to energy conservation including making appropriations of
  petroleum overcharge funds.

  Read first time under Rule 28 and placed on calendar.

  AMENDMENTS FILED

  S(3023 S. R.  1 Stewart Iverson, Jr.
  Michael E. Gronstal
  S(3024 S. F.  22 Mary Lou Freeman
  S(3025 S. C. R. 3 Robert Dvorsky
  S(3026 S. F.  5 Larry McKibben
  Nancy Boettger
  O. Gene Maddox
  JoAnn Douglas
  Richard F. Drake
  Eugene S. Fraise
  Mike Connolly
  Jim Lind
  Rod Halvorson
  Jack Rife
  Don Gettings
  S(3027 H.C.R. 5 Michael E. Gronstal

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:52 p.m.,
  until 9:00 a.m., Wednesday, January 29, 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.

Last update: Wed Jan 29 13:40:07 CST 1997
URL: /DOCS/GA/77GA/Session.1/SJournal/Day/0128.html
jhf