Senate Journal: Wednesday, January 29, 1997

  __________


  ELEVENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, January 29, 1997

  The Senate met in regular session at 9:06 a.m., President Kramer
  presiding.

  Prayer was offered by Chaplain Colson, chaplain of the Mt. Pleasant
  Correctional Facility and the Iowa Medical Classification Center of Oakdale.

  The Journal of Tuesday, January 28, 1997, was approved.

  INTRODUCTION OF BILL

  Senate File 83, by Freeman, a bill for an act relating to property
  taxation of property given to the state or a political subdivision upon
  which a life estate is retained.

  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 28, 1997, adopted the following resolution in which the
  concurrence of
  the Senate is asked:

  House Joint Resolution 5, 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.

  This resolution was read first time and passed on file.
  158 JOURNAL OF THE SENATE 17th Day
  The Senate stood at ease at 9:12 a.m. until the fall of the gavel.

  The Senate resumed session at 9:25 a.m., President Kramer
  presiding.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:34 a.m.,
  until 1:00 p.m.
  17th Day WEDNESDAY, JANUARY 29, 1997 159
  APPENDIX


  REPORTS OF COMMITTEE MEETINGS

  APPROP. SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

  Convened: January 28, 1997, 9:40 a.m.

  Members Present: Lundby, Chair; Bartz, Vice chair; McCoy, Ranking Member; J.
  Black and Gettings.

  Committee Business: Budget presentations by the office of the governor and
  the
  department of inspections and appeals.

  Adjourned: 10:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened: January 28, 1997, 9:35 a.m.

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

  Members Absent: Budget presentation by the director of the department of
  natural
  resources.

  Adjourned: 10:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: January 28, 1997, 9:38 a.m.

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

  Members Absent: none.

  Committee Business: Presentation by the director of the tourism division
  multiple
  sights online with the ICN.

  Adjourned: 10:58 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened: January 28, 1997, 9:35 a.m.

  Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member;
  Kibbie and Rehberg.
  160 JOURNAL OF THE SENATE 17th Day
  Members Absent: none.

  Committee Business: Presentations on reading recovery and the vocational
  rehabilitation division.

  Adjourned: 11:15 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: January 28, 1997, 9:39 a.m.

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

  Members Absent: none.

  Committee Business: Presentations by: chief juvenile officer, Des Moines
  region;
  acting chief juvenile court officer, superintendent of schools, human
  services area
  administrator, Sioux City region; human services area administrator, Jones
  and Lind
  County decategorization project.

  Adjourned: 11:36 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened: January 28, 1997, 9:35 a.m.

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

  Members Absent: none.

  Committee Business: Budget presentation by the judicial branch.

  Adjourned: 11:30 a.m.

  APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS

  Convened: January 28, 1997, 9:35 a.m.

  Members Present: Rife, Chair; Kramer, Vice Chair; Neuhauser, Ranking Member;
  Deluhery and McLaren.

  Members Absent: none.

  Committee Business: Presentation by the ISU computations center; budget
  presentation by ICN.

  Adjourned: 11:55 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE &
  CAPTIALS

  Convened: January 28, 1997, 9:35 a.m.
  17th Day WEDNESDAY, JANUARY 29, 1997 161
  Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member
  and Douglas.

  Members Absent: Connolly (excused).

  Committee Business: Budget presentation by the director of the department of
  transportation.

  Adjourned: 10:48 a.m.

  AGRICULTURE

  Convened: January 28, 1997, 8:05 a.m.

  Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking
  Member;
  Angelo, Bartz, Behn, D. Black, Fraise, Kibbie, Rehberg, Rife, Vilsack and
  Zieman.

  Members Absent: Gettings and Hedge (excused).

  Committee Business: Assigned bills to subcommittees; informational
  presentation
  on agriculture contracts.

  Adjourned: 8:44 a.m.

  APPROPRIATIONS

  Convened: January 28, 1997, 4:08 p.m.

  Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson,
  Hammond, Horn, Jensen, Lind, Lundby, Maddox, McCoy, Neuhauser, Rensink,
  Rife,
  Rittmer, Tinsman and Vilsack.

  Members Absent: Hedge (excused).

  Committee Business: Amended and approved SSB 5 as a committee bill.

  Adjourned: 4:22 p.m.

  LOCAL GOVERNMENT

  Convened: January 28, 1997, 1:35 p.m.

  Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean,
  Redwine
  and Rehberg.

  Members Absent: none.

  Committee Business: Presentations by I.S.A.C. and league of cities.
  162 JOURNAL OF THE SENATE 17th Day
  Adjourned: 2:30 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: January 27, 1997, 2:48 p.m.

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

  Members Absent: Freeman.

  Committee Business: Approved SSB 12 as a committee bill.

  Adjourned: 3:03 p.m.

  RULES AND ADMINISTRATION

  Convened: January 28, 1997, 1:12 p.m.

  Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Judge, Kibbie, Lundby, Maddox, Redfern and Rehberg.

  Members Absent: none.

  Committee Business: Recommended passage of House Concurrent Resolution 5.

  Adjourned: 1:25 p.m.

  STATE GOVERNMENT

  Convened: January 28, 1997, 1:38 p.m.

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

  Members Absent: none.

  Committee Business: Approved SSB 3 as a committee bill.

  Adjourned: 2:05 p.m.

  BILL ASSIGNED TO COMMITTEE

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

  H. C. R. 5 Rules and Administration
  17th Day WEDNESDAY, JANUARY 29, 1997 163
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 71

  NATURAL RESOURCES AND ENVIRON: Dvorsky, Chair; D. Black and Rehberg

  House Concurrent Resolution 5

  RULES AND ADMINISTRATION: Iverson, Chair; Gronstal and Kramer

  SSB 31

  EDUCATION: Rensink, Chair; J. Black and Dvorsky

  SSB 32

  EDUCATION: Tinsman, Chair; Kibbie and Redwine

  SSB 33

  HUMAN RESOURCES: Behn, Chair; Bartz and Szymoniak

  SSB 34

  HUMAN RESOURCES: Bartz, Chair; Boettger and Vilsack

  SSB 46

  AGRICULTURE: Rife, Chair; Behn and D. Black

  COMMITTEE REPORT

  RULES AND ADMINISTRATION

  Final Bill Action: HOUSE CONCURRENT RESOLUTION 5, a concurrent resolution
  relating to joint rules of the Senate and House of Representatives for the
  Seventy-
  seventh General Assembly.

  Recommendation: DO PASS.

  Final Bill Action:  Ayes, 11: Iverson, Kramer, Gronstal, Fink, Jensen,
  Judge, Kibbie,
  Lundby, Maddox, Redfern and Rehberg. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  COMPANION BILL RECEIVED

  On January 28, 1997, House Joint Resolution 5 was received
  and attached to companion Senate Joint Resolution 1 on the
  Senate calendar.
  164 JOURNAL OF THE SENATE 17th Day
  AFTERNOON SESSION

  The Senate reconvened at 1:04 p.m., President Kramer presiding.

  INTRODUCTION OF BILLS

  Senate File 84, by Maddox, a bill for an act providing for the
  rendering of emergency medical care services by an emergency
  medical care provider outside of the geographic area for which the
  provider is certified.

  Read first time and passed on file.

  Senate File 85, by Lundby, a bill for an act relating to declaration
  of political party affiliation on voter registration forms.

  Read first time and passed on file.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Kibbie and McCoy until they arrive on request of Senator Gronstal.

  QUORUM CALL

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

  The vote revealed 34 present, 16 absent and a quorum present.

  ADOPTION OF RESOLUTIONS
  (Regular Calendar)

  Senate Concurrent Resolution 2

  On motion of Senator Rensink, Senate Concurrent Resolution 2, 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, was taken up for consideration.
  17th Day WEDNESDAY, JANUARY 29, 1997 165
  Senator Rensink moved the adoption of Senate Concurrent
  Resolution 2, which motion prevailed by a voice vote.

  Senate Concurrent Resolution 3

  On motion of Senator Jensen, Senate Concurrent Resolution 3, a
  concurrent resolution encouraging the federal government to
  investigate the pricing of liquid propane gas and other heating fuels,
  was taken up for consideration.

  Senator Dvorsky offered amendment S-3025 filed by him on
  January 28, 1997, to pages 1 and 2 of the resolution and moved its
  adoption.

  Amendment S-3025 lost by a voice vote.

  Senator Jensen moved the adoption of Senate Concurrent
  Resolution 3 and requested a record roll call.

  On the question "Shall the resolution be adopted?" (S.C.R. 3) the
  vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 3:

  Hedge Kibbie McCoy

  The motion prevailed and the resolution was adopted.
  166 JOURNAL OF THE SENATE 17th Day
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolutions 2 and 3 be immediately
  messaged to the House.

  INTRODUCTION OF BILL

  Senate File 86, by Rittmer, Lundby, Fraise, and Gronstal, a bill
  for an act concerning employment rights of fire fighters under civil
  service who are elected as officers in certain professional fire fighter
  organizations, and providing an effective date.

  Read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 1:33 p.m.,
  until 4:30 p.m.

  RECONVENED

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

  INTRODUCTION OF BILLS

  Senate File 87, by Dvorsky, Flynn, and Gronstal, a bill for an act
  relating to the state income tax checkoff for domestic abuse and
  sexual assault services, providing an appropriation, and providing a
  retroactive applicability date.

  Read first time and passed on file.

  Senate File 88, by Rehberg, a bill for an act creating a deer
  population control council, providing for its membership,
  compensation, and duties, and providing for other properly related
  matters.

  Read first time and passed on file.
  17th Day WEDNESDAY, JANUARY 29, 1997 167
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened: January 28, 1997, 9:45 a.m.

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

  Members Absent: Jensen and Palmer (both excused).

  Committee Business: Toured Iowa Veterans Home.

  Adjourned: 11:35 a.m.

  HUMAN RESOURCES

  Convened: January 28, 1997, 2:52 p.m.

  Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Tinsman
  and
  Vilsack.

  Members Absent: Schuerer (excused).

  Committee Business: The four senators that went to Texas reported on the
  meeting;
  assigned bills to subcommittees.

  Adjourned: 3:35 p.m..

  STUDY BILLS RECEIVED

  SSB 55 Judiciary

  Relating to the designation of certain correctional facilities.

  SSB 56 Judiciary

  Relating to jury instructions.

  SSB 57 Judiciary

  Relating to nonsubstantive Code corrections.
  168 JOURNAL OF THE SENATE 17th Day
  SSB 58 Judiciary

  Applying the death penalty or life imprisonment, by establishing
  the offense of capital murder, by providing a minimum age for
  imposition of a death sentence, by providing for review of death
  sentences, by providing for execution by lethal injection, by amending
  the rules of criminal procedure, and by providing for the Act's
  applicability.

  SSB 59 Judiciary

  Relating to statutory corrections which may adjust language to
  reflect current practices, insert earlier omissions, delete redundancies
  and inaccuracies, delete temporary language, resolve inconsistencies
  and conflicts, update ongoing provisions, or remove ambiguities, and
  providing effective and retroactive applicability dates.

  SSB 60 Natural Resources

  Relating to the issuance of licenses and the imposition of fees for
  the fishing, trapping, hunting, pursuing, catching, killing, or taking of
  wild animals, birds, game, or fish, providing for other properly related
  matters, and subjecting violators to existing penalties, and providing
  effective and applicability dates.

  SSB 61 Natural Resources

  Relating to the establishment of the drinking water facilities
  financing program, the drinking water treatment revolving loan fund,
  and the drinking water facilities administration fund.

  SSB 62 Natural Resources

  Relating to the operation, regulation, and equipment of watercraft,
  and subjecting violators to a penalty.

  SSB 63 Natural Resources

  Relating to snowmobiles and all-terrain vehicles by requiring
  certificates of title for snowmobiles, and providing for point of
  sale
  17th Day WEDNESDAY, JANUARY 29, 1997 169
  registration for snowmobiles, and adopting an annual registration
  period and fee for snowmobiles and all-terrain vehicles.

  SSB 64 Ways & Means

  Relating to the use tax on motor vehicle leasing and providing
  effective and retroactive applicability date provisions.

  SSB 65 Ways & Means

  Updating the Iowa Code references to the Internal Revenue Code
  and providing a retroactive applicability date and an effective date.

  SSB 66 Ways & Means

  Relating to the administration of state individual income,
  corporate, franchise, motor fuel, and other taxes; property taxes,
  property tax credits and replacement claims; sales, services, and use
  taxes; tax refund setoffs; and other duties of the department and
  director of revenue and finance; providing a penalty; and providing a
  retroactive applicability date provision.

  SUBCOMMITTEE ASSIGNMENTS

  Senate Concurrent Resolution 4

  STATE GOVERNMENT: Tinsman, Chair; Kibbie and King

  Senate Joint Resolution 4

  JUDICIARY: McKean, Chair; Angelo, Fraise, Halvorson and King

  Senate File 42

  JUDICIARY: Redfern, Chair; McKean and Neuhauser

  Senate File 76

  STATE GOVERNMENT: Rife, Chair; McLaren and Szymoniak

  SSB 55

  JUDICIARY: Halvorson, Chair; Fraise and McKean

  SSB 56

  JUDICIARY: Maddox, Chair; King and Neuhauser
  170 JOURNAL OF THE SENATE 17th Day
  SSB 57

  JUDICIARY: Vilsack, Chair; Boettger and Maddox

  SSB 58

  JUDICIARY: McKean, Chair; Angelo, Halvorson, Hammond and McKibben

  SSB 59

  JUDICIARY: Vilsack, Chair; Boettger and Maddox

  SSB 60

  NATURAL RESOURCES AND ENVIRON: D. Black, Chair; Dearden and Freeman

  SSB 61

  NATURAL RESOURCES AND ENVIRON: Angelo, Chair; Fink and Rehberg

  SSB 62

  NATURAL RESOURCES AND ENVIRON: Borlaug, Chair; Judge and McKibben

  SSB 63

  NATURAL RESOURCES AND ENVIRON: Bartz, Chair; Borlaug and Dearden

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action: SENATE FILE 21, a bill for an act eliminating the
  requirement
  that a nonperpetual care cemetery post a sign indicating the cemetery is a
  nonperpetual care cemetery.

  Recommendation: DO PASS.

  Final Vote: Ayes, 10: Jensen, Schuerer, Bartz, Douglas, Hansen, King,
  Maddox,
  McCoy, Redfern and Rife. Nays, 2: Deluhery and Gronstal. Absent or not
  voting, 3:
  Flynn, Lundby and Palmer.

  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.  81 Ways and Means
  17th Day WEDNESDAY, JANUARY 29, 1997 171

  S. F.  83 Ways and Means
  S. F.  84 State Government
  S. F.  85 State Government
  S. F.  86 State Government
  S. F.  87 State Government

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 4:40 p.m.,
  until 9:00 a.m., Thursday, January 30, 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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