Senate Journal: Thursday, January 30, 1997

  __________


  TWELFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, January 30, 1997

  The Senate met in regular session at 9:09 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Dr. David Ruhe, pastor of the Plymouth
  Congregational Church, Des Moines, Iowa

  The Journal of Wednesday, January 29, 1997, was approved.

  INTRODUCTION OF BILLS

  Senate File 89, by Kibbie, Judge, and Fraise, a bill for an act
  relating to confinement feeding operations by providing for the siting
  of certain operations, and imposing requirements relating to
  construction permits.

  Read first time and passed on file.

  Senate File 90, by Kibbie, a bill for an act making appropriations
  to the college student aid commission for payments to persons eligible
  for Iowa tuition grants, vocational-technical grants, and national
  guard tuition aid grants, and permitting the commission to carry over
  national guard tuition aid funds.

  Read first time and passed on file.

  CONSIDERATION OF RESOLUTION
  (Regular Calendar)

  Senate Joint Resolution 1

  On motion of Senator Lundby, Senate Joint Resolution 1, a joint
  resolution proposing an amendment to the Constitution of the
  State
  18th Day THURSDAY, JANUARY 30, 1997 173
  of Iowa relating to the equality of rights of men and women under the
  law, was taken up for consideration.

  QUORUM CALL

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

  The vote revealed 48 present, 2 absent and a quorum present.

  BUSINESS PENDING

  Senate Joint Resolution 1

  The Senate resumed consideration of Senate Joint Resolution 1.

  Senator Lundby asked and received unanimous consent that
  House Joint Resolution 5 be substituted for Senate Joint
  Resolution 1 and that Senate Joint Resolution 1 be withdrawn from
  further consideration of the Senate.

  House Joint Resolution 5

  On motion of Senator Lundby, 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, was taken up for consideration.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy for the day on request of Senator Gronstal.

  BUSINESS PENDING

  House Joint Resolution 5

  The Senate resumed consideration of House Joint Resolution 5.
  174 JOURNAL OF THE SENATE 18th Day
  Senator Lundby moved that the resolution be read the last time
  now and placed upon its passage, which motion prevailed by a voice
  vote, and the resolution was read the last time.

  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.

  BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE
  OF IOWA:

  Section 1. The following amendment to the Constitution of the
  State of Iowa is proposed.
  Section 1 of Article I of the Constitution of the State of Iowa, is
  amended to read as follows:
  RIGHTS OF PERSONS. Section 1. All men  and women   are, by
  nature, free and equal, and have certain inalienable rights - among
  which are those of enjoying and defending life and liberty, acquiring,
  possessing and protecting property, and pursuing and obtaining
  safety and happiness.
  Sec. 2. The foregoing proposed amendment, having been adopted
  and agreed to by the Seventy-sixth General Assembly, 1995 Session,
  thereafter duly published, and now adopted and agreed to by the
  Seventy-seventh General Assembly in this joint resolution, shall be
  submitted to the people of the State of Iowa at the general election in
  November of the year nineteen hundred ninety-eight in the manner
  required by the Constitution of the State of Iowa and the laws of the
  State of Iowa.

  On the question "Shall the resolution pass?" (H.J.R. 5) the vote was:

  Yeas, 48:

  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 Kibbie  King
  Kramer Lind Lundby Maddox
  McKean McKibben McLaren Neuhauser
  Palmer Redfern Redwine Rehberg
  18th Day THURSDAY, JANUARY 30, 1997 175
  Rensink Rife Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Hedge McCoy

  The resolution having received a constitutional majority was
  declared to have passed the Senate and the title was agreed to.

  Senator Iverson asked and received unanimous consent that House
  Joint Resolution 5 be immediately messaged to the House.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:42 a.m.,
  until 4:30 p.m.
  176 JOURNAL OF THE SENATE 18th Day
  ANNOUNCEMENTS OF APPOINTMENTS
  BY THE PRESIDENT OF THE SENATE

  The President of the Senate announced the following legislator
  appointments:

  LEGISLATIVE COUNCIL, INTERNATIONAL RELATIONS COMMITTEE:

  Nancy Boettger Dennis Black
  Derryl McLaren Bill Fink
  Neal Schuerer Mary Neuhauser
  Sheldon Rittmer Elaine Szymoniak
  Steve King

  LEGISLATIVE COUNCIL

  Please replace Jerry Behn on the Legislative Council and the Administration
  Committee on the Legislative Council with Jack Rife.

  INTERSTATE COOPERATION COMMISSION (Code 28B.1)

  Allen Borlaug Steve Hansen
  Mary Lundby Matt McCoy
  Jerry Behn

  PUBLIC RETIREMENT SYSTEMS COMMITTEE (Code 97D.4)

  Mary Lundby Jack Kibbie
  Dick Drake Mike Connolly
  Sheldon Rittmer

  REPORTS OF COMMITTEE MEETINGS

  APPROP. SUBCOMMITTEE ON ADMINISTRATION AND REGULATION

  Convened: January 29, 1997, 9:35 a.m.

  Members Present: Lundby, Chair; Bartz, Vice Chair; J. Black and Gettings.

  Members Absent: McCoy (excused).

  Committee Busines: Presentation by the department of commerce.

  Adjourned: 10:00 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened: January 29, 1997, 9:40 a.m.
  18th Day THURSDAY, JANUARY 30, 1997 177
  Members Present: Rensink, Vice Chair; D. Black, Ranking Member; Behn and
  Dearden.

  Members Absent: Hedge, Chair (excused).

  Committee Business: Presentations by the administrator of parks, recreation
  and
  preserves division and the administrator of environmental protection
  division of the
  department of natural resources.

  Adjourned: 11:10 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: January 29, 1997, 9:46 a.m.

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

  Members Absent: none.

  Committee Business: Presentations by the international division and business
  development division of the department of economic development.

  Adjourned: 11:17 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened: January 29, 1997, 9:38 a.m.

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

  Members Absent: none.

  Committee Business: Presentation by the director of the department of
  education.

  Adjourned: 11:05 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened: January 29, 1997, 9:50 a.m.

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

  Members Absent: Palmer (excused).

  Committee Business: Budget presentations by the Iowa civil rights
  commission, the
  governor's alliance on substance abuse and the department of elder affairs.

  Adjourned; 11:55 a.m.
  178 JOURNAL OF THE SENATE 18th Day
  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: January 29, 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: adult, child and family services,
  juvenile
  justice system; Clarinda academy; president, family resources, Davenport;
  chief
  juvenile court officer, Davenport.

  Adjourned: 11:56 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened: January 29, 1997, 9:43 a.m.

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

  Members Absent: none.

  Committee Business: Presentation by the judicial branch on Fine collections,
  ICIS
  update; budget presentation by the department of public defense.

  Adjourned: 11:34 a.m.

  APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS

  Convened: January 29, 1997, 9:44 a.m.

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

  Members Absent: Kramer, Vice Chair and McLaren.

  Committee Business: Budget presentation by Iowa public television.

  Adjourned: 11:25 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE &
  CAPITALS

  Convened: January 29, 1997, 9:45 a.m.

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

  Members Absent: none.
  18th Day THURSDAY, JANUARY 30, 1997 179
  Committee Business: Presentation on the governor's blue ribbon task force
  recommendations by the Iowa department of transportation; reports on the DOT
  utilization of FTEs' and the international super highway system.

  Adjourned: 11:00 a.m.

  AGRICULTURE

  Convened: January 29, 1997, 8:07 a.m.

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

  Members Absent: D. Black and Hedge (excused).

  Committee Business: Assigned bill to subcommittee; presentation by the
  deputy
  director of the department of natural resources on confinement feeding.

  Adjourned: 9:00 a.m.

  COMMERCE

  Convened: January 29, 1997, 11:37 a.m.

  Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member;
  Bartz, Douglas, Gronstal, Hansen, King, Maddox, Redfern and Rife.

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

  Committee Business: Assigned bills to subcommittees; recommended passage of
  Senate File 21; discussed and deferred action on SSB 28.

  Adjourned: 12:02 p.m.

  EDUCATION

  Convened: January 29, 1997, 1:39 p.m.

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

  Members Absent: Kibbie (excused)

  Committee Business: Assigned bills to subcommittees; presentation by the
  special
  education/at-risk task force.

  Adjourned: 2:32 p.m.

  JUDICIARY

  Convened: January 29, 1997, 4:04 p.m.
  180 JOURNAL OF THE SENATE 18th Day
  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: Assigned bills to subcommittees; recommended passage of
  Senate Files 16 and 40.

  Adjourned: 4:40 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: January 29, 1997, 2:48 p.m.

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

  Members Absent: Hedge (excused).

  Committee Business: Approved Senate File 2 as a committee bill.

  Adjourned: 3:03 p.m.

  SMALL BUSINESS AND ECONOMIC DEVELOPMENT

  Convened: January 29, 1997, 2:50 p.m.

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

  Members Absent: Mc Coy and Palmer (both excused).

  Committee Business: Presentations by the director of employment services and
  the
  secretary of state.

  Adjourned: 4:00 p.m.

  TRANSPORTATION

  Convened: January 28, 1997, 2:49 p.m.

  Members Present: Drake, Chair; Borlaug, Vice Chair; Connolly, Fraise,
  Freeman,
  Gettings, Halvorson, Jensen, Lind, McKean, McKibben  and Rittmer.

  Members Absent: McCoy, Ranking Member and McKean.

  Committee Business: Assigned bills to subcommittees.

  Adjourned: 3:27 p.m.
  18th Day THURSDAY, JANUARY 30, 1997 181
  COMMITTEE REPORTS

  JUDICIARY

  Final Bill Action: SENATE FILE 16, a bill for an act relating to simulated
  incendiary or explosive materials and establishing a penalty.

  Recommendation: DO PASS.

  Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Fraise,
  Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack.
  Nays,
  none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 40, a bill for an act prohibiting the use of
  official
  law enforcement warning devices or signals in the attempt or commission of a
  public
  offense, and providing penalties.

  Recommendation: DO PASS.

  Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, 2:
  Fraise
  and Hammond.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action: *SENATE FILE 95 (formerly Senate File 2), a bill for an
  act
  relating to water and ice vessel accident reports filed with the natural
  resource
  commission of the department of natural resources and providing for an
  effective date
  and the Act's applicability.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes 14: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug,
  Dearden,
  Deluhery, Dvorsky, Freeman, Judge, McKibben, Rehberg and Zieman. 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 Natural Resources and
  Environment
  Committee on Senate File 95 and they were attached to the committee report.

  STUDY BILL RECEIVED

  SSB 67 Natural Resources
  182 JOURNAL OF THE SENATE 18th Day

  Relating to review and oversight of actions of the ozone transport
  assessment group.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 12
  (Reassignment)

  JUDICIARY: Maddox, Chair; Boettger and Hansen

  Senate File 45

  LOCAL GOVERNMENT: Rehberg, Chair; J. Black and Dearden

  Senate File 50

  EDUCATION: Angelo, Chair; Dvorsky and Redwine

  Senate File 55

  EDUCATION: Tinsman, Chair; Kibbie and Lind

  Senate File 56

  EDUCATION: Redwine, Chair; Rehberg and Szymoniak

  Senate File 57

  EDUCATION: Boettger, Chair; Neuhauser and Rensink

  SSB 64

  WAYS AND MEANS: Drake, Chair; Douglas and Vilsack

  SSB 65

  WAYS AND MEANS: McKibben, Chair; Connolly and Redfern

  SSB 66

  WAYS AND MEANS: Redfern, Chair; Freeman and Palmer
  18th Day THURSDAY, JANUARY 30, 1997 183
  AFTERNOON SESSION

  The Senate reconvened at 4:40 p.m., President Kramer presiding.

  INTRODUCTION OF BILLS

  Senate File 91, by Judge, a bill for an act relating to and making
  an appropriation to the Iowa department of public health for the
  center for rural health and primary care to enhance the community
  grant fund and expand the primary care loan repayment and
  community scholarship program.

  Read first time and passed on file.

  Senate File 92, by Fraise, a bill for an act relating to issuance of
  motor vehicle licenses by county treasurers.

  Read first time and passed on file.

  Senate File 93, by Rittmer and Tinsman, a bill for an act relating
  to information centers in rest areas on interstate or primary
  highways.

  Read first time and passed on file.

  Senate File 94, by Kibbie, a bill for an act relating to animal
  feeding operations by regulating animal feeding operation structures.

  Read first time and passed on file.

  Senate File 95, by committee on Natural Resources and
  Environment, a bill for an act relating to water and ice vessel accident
  reports filed with the natural resource commission of the department
  of natural resources and providing for an effective date and the Act's
  applicability.

  Read first time and placed on calendar.

  Senate File 96, by Black of Jasper, a bill for an act relating to the
  issuance of free deer hunting licenses to landowners.

  Read first time and passed on file.
  184 JOURNAL OF THE SENATE 18th Day
  Senate File 97, by Black of Jasper, a bill for an act relating to the
  establishment of a state long-term care ombudsman and an area long-
  term care ombudsman in each of the area agencies on aging planning
  and service areas in the state, providing for an initial demonstration
  program, providing for an appropriation, and providing an effective
  date.

  Read first time and passed on file.

  Senate File 98, by Fink, a bill for an act relating to the willful
  destruction of E911 addressing signs and providing a penalty.

  Read first time and passed on file.

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  88 Natural Resources
  S. F.  89 Agriculture
  S. F.  90 Education
  S. F.  91 Human Resources
  S. F.  92 Transportation
  S. F.  93 Transportation
  S. F.  94 Agriculture

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 4:43 p.m.,
  until 1:00 p.m., Monday, February 3, 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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