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TWENTY-THIRD CALENDAR DAY FOURTEENTH SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 4, 1997 The Senate met in regular session at 9:05 a.m., President Kramer presiding. Prayer was offered by the Honorable Wilmer Rensink, member of the Senate from Sioux County, Sioux Center, Iowa The Journal of Monday, February 3, 1997, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Flynn for the day and Senator Hansen until he arrives on request of Senator Gronstal. INTRODUCTION OF BILLS Senate File 103, by Dvorsky, a bill for an act relating to retirement incentive programs the board of directors of a school district may offer and the age range of the employees to whom the board may offer the program and providing an applicability provision. Read first time and passed on file. Senate File 104, by committee on Education, a bill for an act relating to a minimum age requirement for a coaching authorization issued by the state board of educational examiners. Read first time and placed on calendar. Senate File 105, by Rife, a bill for an act relating to the state individual income tax by imposing a flat rate tax and including a retroactive effective and applicability date provision. 196 JOURNAL OF THE SENATE 23rd Day Read first time and passed on file. RECESS On motion of Senator Iverson, the Senate recessed at 9:15 a.m., until 3:30 p.m. 23rd Day TUESDAY, FEBRUARY 4, 1997 197 APPENDIX REPORTS OF COMMITTEE MEETINGS EDUCATION Convened: February 3, 1997, 1:34 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Members Absent: Angelo (excused). Committee Business: Assigned bills to subcommittees; presentation by the director of the department of education; approved Senate File 41 as a committee bill. Adjourned: 2:54 p.m. JUDICIARY Convened: February 3, 1997, 4:07 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Drake, Fraise, Halvorson, Hammond, King, McKibben, Redfern, Tinsman and Vilsack. Members Absent: Angelo (excused), Boettger and Hansen (excused). Committee Business: Assigned bills to subcommittees. Adjourned: 4:15 p.m. SMALL BUSINESS AND ECONOMIC DEVELOPMENT Convened: February 3, 1997, 2:55 p.m. Members Present: Rittmer, Chair; Lundby, Vice Chair; Hansen, Ranking Member; Boettger, Douglas, , Hammond, King, Lind, McCoy, Redwine and Schuerer. Members Absent: Flynn and Palmer (both excused). Committee Business: Assigned bills to subcommittees and presentation by the executive director of the Iowa Finance Authority. Adjourned: 3:30 p.m. APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: January 30, 1997, 9:53 a.m. 198 JOURNAL OF THE SENATE 23rd Day Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: none. Committee Business: Presentation by the Iowa county engineers association regarding overview of distribution of road use tax funds to counties, and summary and recommendations of the ruft allocations study. Adjourned: 10:35 a.m. COMMITTEE REPORT EDUCATION Final Bill Action: SENATE FILE 104 (formerly Senate File 41), a bill for an act relating to a minimum age requirement for a coaching authorization issued by the state board of educational examiners. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Redfern, Rehberg, Connolly, J. Black, Boettger, Kibbie, Lind, Neuhauser, Redwine, Rensink and Tinsman. Nays, 3: Dvorsky, Fink and Szymoniak. Absent or not voting, 1: Angelo. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STUDY BILLS RECEIVED SSB 79 Local Government Relating to discarding solid waste and providing a penalty. SSB 80 Local Government Relating to the compensation of the sheriff and compensation commissioners in eminent domain proceedings. SSB 81 Local government Relating to the probationary period for deputy sheriffs. SSB 82 Local Government Relating to the determination of annual salaries for deputy sheriffs. 23rd Day TUESDAY, FEBRUARY 4, 1997 199 SSB 83 Local Government Establishing a county issuance of motor vehicle licenses study and providing effective dates. SSB 84 Local Government To prohibit the disarming of a peace officer and providing penalties. SSB 85 Local Government Relating to fees charged by county sheriffs. SSB 86 State Government Relating to the maximum time for completion of certain site visits and written reviews by the department of inspections and appeals and the state fire marshal. SSB 87 State Government Relating to sate employee pay and benefits by providing for public employee collective bargaining and state employee health benefits and providing an effective date. SSB 88 Commerce Relating to the procedures for disposition of the contents of a decedent's safe deposit box. SSB 89 Commerce Relating to the consumer credit code and permissible finance charges and other fees which may be charged to a consumer by a lender. SSB 90 Commerce Eliminating the duty of the treasurer of state to receive and publicize certain interest rate and fee information related to providers of open-end credit and credit cards. 200 JOURNAL OF THE SENATE 23rd Day SSB 91 Commerce Relating to the availability of a map indicating the location of electric transmission lines related to the extension of a franchise. SSB 92 Ethics A Resolution to provide the senate rules governing lobbyists. SSB 93 Ethics A Resolution to provide for the Senate Code of ethics. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 5 STATE GOVERNMENT: Lundby, Chair; Halvorson, McLaren, Szymoniak and Tinsman Senate File 66 BUSINESS AND LABOR: Rife, Chair; Dearden and King Senate File 72 BUSINESS AND LABOR: Rife, Chair; Freeman and Palmer Senate File 73 TRANSPORTATION: Jensen, Chair; Drake and Gettings Senate File 74 AGRICULTURE: Kibbie, Chair; Hedge and Judge Senate File 77 COMMERCE: Rife, Chair; Palmer and Schuerer Senate File 78 EDUCATION: Boettger, Chair; Connolly and Redwine Senate File 80 TRANSPORTATION: Lind, Chair; Freeman and McCoy Senate File 81 WAYS AND MEANS: Redfern, Chair; Freeman and Vilsack 23rd Day TUESDAY, FEBRUARY 4, 1997 201 Senate File 83 WAYS AND MEANS: Freeman, Chair; Douglas and Palmer Senate File 88 NATURAL RESOURCES AND ENVIRON: Bartz, Chair; D. Black and Zieman Senate File 92 TRANSPORTATION: Jensen, Chair; Halvorson and Lind Senate File 93 TRANSPORTATION: Rittmer, Chair; Drake and McCoy Senate File 98 COMMERCE: Jensen, Chair; Flynn and Rife Senate File 99 STATE GOVERNMENT: McKibben, Chair; Lundby and Szymoniak Senate File 101 STATE GOVERNMENT: McKibben, Chair; Lundby and Szymoniak Senate File 102 STATE GOVERNMENT: McKibben, Chair; Lundby and Szymoniak SSB 77 JUDICIARY: Tinsman, Chair; Angelo and Neuhauser SSB 78 JUDICIARY: McKibben, Chair; Drake, Neuhauser, Redfern and Vilsack SSB 79 LOCAL GOVERNMENT: Redwine, Chair; Fraise and Rehberg SSB 80 LOCAL GOVERNMENT: Angelo, Chair; Behn and Dearden SSB 81 LOCAL GOVERNMENT: J. Black, Chair; D. Black and Redwine 202 JOURNAL OF THE SENATE 23rd Day SSB 82 LOCAL GOVERNMENT: Behn, Chair; Hansen and Zieman SSB 83 LOCAL GOVERNMENT: Boettger, Chair; Connolly and Zieman SSB 84 LOCAL GOVERNMENT: Boettger, Chair; Angelo and Dearden SSB 85 LOCAL GOVERNMENT: J. Black, Chair; Connolly and Redwine SSB 86 STATE GOVERNMENT: King, Chair; Szymoniak and Tinsman SSB 87 STATE GOVERNMENT: Rife, Chair; Gronstal, Kibbie, Lind and Lundby SSB 88 COMMERCE: Redfern, Chair; Lundby and McCoy SSB 89 COMMERCE: Redfern, Chair; Bartz and Deluhery SSB 90 COMMERCE: Redfern, Chair; Hansen and King SSB 91 COMMERCE: King, Chair; Jensen and McCoy 23rd Day TUESDAY, FEBRUARY 4, 1997 203 AFTERNOON SESSION The Senate reconvened at 3:40 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 37 present, 13 absent and a quorum present. CONSIDERATION OF BILL (Regular Calendar) Senate File 5 On motion of Senate McKibben, Senate File 5, a bill for an act relating to the registration fee for ex-prisoner of war motor vehicle plates, was taken up for consideration. Senator McKibben asked and received unanimous consent to withdraw amendment S-3026 filed by Senators McKibben, et al., on January 28, 1997, to strike everything after the enacting clause and to the title page of the bill Senator McKibben offered amendment S-3030 filed by him on February 3, 1997, to strike everything after the enacting clause and to the title page of the bill. Senator Kibbie offered amendment S-3031 filed by him from the floor to amendment S-3030 and moved its adoption. Amendment S-3031 was adopted by a voice vote. Senator McKibben moved the adoption of amendment S-3030 as amended, which motion prevailed by a voice vote. With adoption of amendment S-3030 as amended, the Chair ruled amendment S-3019 filed by Senator Kibbie on January 27, 1997, to page 1 and the title page of the bill, out of order. 204 JOURNAL OF THE SENATE 23rd Day Senator Kibbie 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. 5) the vote was: Ayes, 45: Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Fink Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 5: Angelo Dvorsky Flynn Hedge Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. WITHDRAWN Senator Kibbie asked and received unanimous consent that Senate File 20 be withdrawn from further consideration of the Senate. CONSIDERATION OF BILL (Regular Calendar) Senate File 21 On motion of Senator Schuerer, 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, with 23rd Day TUESDAY, FEBRUARY 4, 1997 205 report of committee recommending passage, was taken up for consideration. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Szymoniak for the remainder of the day on request of Senator Connolly. BUSINESS PENDING Senate File 21 The Senate resumed consideration of Senate File 21. Senator Schuerer 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. 21) the vote was: Ayes, 40: Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Douglas Drake Dvorsky Fink Fraise Freeman Halvorson Hansen Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Vilsack Zieman Nays, 6: Connolly Deluhery Gettings Gronstal Hammond Neuhauser Absent or not voting, 4: Angelo Flynn Hedge Szymoniak The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 5 and 21 be immediately messaged to the House. 206 JOURNAL OF THE SENATE 23rd Day INTRODUCTION OF BILLS Senate File 106, by Freeman, a bill for an act relating to the exemption from the sales, services, and use taxes of heat for use in residential-type dwellings and for fuel used to provide heat for residential-type dwellings and providing an applicability date provision. Read first time and passed on file. Senate File 107, by Kibbie, a bill for an act abolishing the county compensation board. Read first time and passed on file. Senate File 108, by Neuhauser, a bill for an act prohibiting the restriction of medical communications between patients and health care providers. Read first time and passed on file. Senate File 109, by King, a bill for an act relating to workers' compensation coverage for employment outside of the state. Read first time and passed on file. Senate File 110, by Jensen, a bill for an act increasing the scheduled civil penalty for possession of tobacco, tobacco products, or cigarettes by a minor, and providing for retention of the moneys collected by the city or county enforcing the provision. Read first time and passed on file. HOUSE MESSAGE RECEIVED 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 February 4, 1997, passed the following bill in which the concurrence of the House was asked: 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 23rd Day TUESDAY, FEBRUARY 4, 1997 207 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. 208 JOURNAL OF THE SENATE 23rd Day APPENDIX BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 103 Education S. F. 105 Ways and Means S. F. 106 Ways and Means S. F. 107 Local Government S. F. 108 Human Resources S. F. 109 Business and Labor S. F. 110 Judiciary COMMITTEE REPORTS TRANSPORTATION Final Bill Action: SENATE FILE 23, a bill for an act prohibiting the issuance of a registration and certificate of title for a motor vehicle to a person under the age of sixteen years. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3036. Final Vote: Ayes, 10: Drake, Borlaug, Freeman, Gettings, Halvorson, Jensen, Lind, , McKean, McKibben and Rittmer. Nays, 3: McCoy, Connolly and Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 80, a bill for an act relating to police bicycles. Recommendation: DO PASS. Final Vote: Ayes, 11: Drake, Borlaug, Freeman, Gettings, Halvorson, Jensen, Lind, McCoy, McKean, McKibben and Rittmer. Nays, 2: Connolly and Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ANNOUNCEMENT OF STATUTORY LEGISLATOR APPOINTMENTS BY THE SENATE MAJORITY LEADER February 4, 1997 23rd Day TUESDAY, FEBRUARY 4, 1997 209 ADMINISTRATIVE RULES REVIEW COMMITTEE (Code 17A.8) Senator H. Kay Hedge Senator Sheldon Rittmer Senator Merlin Bartz Senator John P. Kibbie Senator Bill Palmer Terms expire 4/30/99 AMENDMENTS FILED S(3031 S. F. 5 John P. Kibbie S(3032 S. F. 16 Richard F. Drake Elaine Szymoniak S(3033 S. F. 40 Richard F. Drake Wilmer Rensink Steve King S(3034 S. F. 79 Steven D. Hansen S(3035 S. F. 79 Rod Halvorson S(3036 S. F. 23 Transportation ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:10 p.m., until 9:00 a.m., Wednesday, February 5, 1997.
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Iowa General Assembly
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