Senate Journal: Thursday, February 6, 1997

  TWENTY-FIFTH CALENDAR DAY
  SIXTEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, February 06, 1997

  The Senate met in regular session at 9:07 a.m., President Kramer
  presiding.

  Prayer was offered by Father John Heman, pastor of the St. Boniface Catholic
  Church, Garner, Iowa

  The Journal of Wednesday, February 5, 1997, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Kibbie and Gettings for the day on request of Senator Fraise.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:21 a.m.,
  until 1:00 p.m.
  25th Day THURSDAY, FEBRUARY 6, 1997 219
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened: February 5, 1997, 9:35 a.m.

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

  Members Absent: Hedge, Chair (excused).

  Committee Business: Presentation by representatives from the agricultural
  and
  biosystems engineering department at ISU on odor control management;
  presentation
  by ISU on research regarding multiflora rose management

  Adjourned: 11:20 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: February 5, 1997, 9:40 a.m.

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

  Members Absent: Vilsack, Ranking Member and Fink (both excused).

  Committee Business: Presentation and tour of workforce development center.

  Adjourned: 10:29 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened: February 5, 1997, 9:45 a.m.

  Members Present: Rittmer, Chair and Redfern, Vice Chair.

  Members Absent: Flynn, Ranking Member; Jensen and Palmer (all excused).

  Committee Business: Budget presentation by the director of public health.

  Adjourned: 11:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: February 5, 1997, 9:41 a.m.

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

  Members Absent: none.
  220 JOURNAL OF THE SENATE 25th Day
  Committee Business: Presentations by: DHS general administration; DHS field
  operations; human services area administrator atlantic cluster and attorney
  general of
  Iowa.

  Adjourned: 11:49 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened: February 5, 1997, 9:40 a.m.

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

  Members Absent: none.

  Committee Business: Budget presentation by the department of corrections.

  Adjourned: 11:31 a.m.

  APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS

  Convened: February 5, 1997, 9:45 a.m.

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

  Members Absent: Kramer, Vice Chair.

  Committee Business: Budget presentation by information technology services;
  presentation by the editor of government technology magazine.

  Recessed: 10:45 a.m.

  Reconvened: February 5, 1997, 11:00 a.m.

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

  Members Absent: Kramer, Vice Chair.

  Committee Business: Budget presentation by information technology services;
  presentation by the editor of government technology magazine.

  Adjourned: 11:37 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE &
  CAPITALS

  Convened: February 5, 1997, 9:40 a.m.

  Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking
  Member;
  Connolly and Douglas.
  25th Day THURSDAY, FEBRUARY 6, 1997 221

  Members Absent: none.

  Committee Business: Presentation by the general manager and executive
  director of
  the Iowa state fair regarding the 5-year budget and overview of capital
  requirements
  and renovation requests of fair buildings.

  Adjourned: 10:37 a.m.

  AGRICULTURE

  Convened: February 5, 1997, 8:05 a.m.

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

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

  Committee Business: Assigned bills to subcommittees; presentation by
  representatives of the agricultural and biosystems engineering department at
  ISU on
  odor control management.

  Adjourned: 9:00 a.m.

  COMMERCE

  Convened: February 5, 1997, 4:05 p.m.

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

  Members Absent: Flynn and Palmer (both excused) and Rife.

  Committee Business: Amended and approved SSB 8 as a committee bill.

  Adjourned: 4:20 p.m.

  EDUCATION

  Convened: February 5, 1997, 3:02 p.m.

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

  Members Absent: Kibbie and Lind (both excused).

  Committee Business: Assigned bill to subcommittee; presentation on K-12
  interactive classroom by IPTV.

  Adjourned: 3:35 p.m.
  222 JOURNAL OF THE SENATE 25th Day
  EXPLANATION OF VOTE

  MADAM PRESIDENT: I was excused from the Senate on February 4, 1997, when
  the vote was taken on Senate File 5.

  Had I been present, I would have voted "aye" on the bill.

  JEFF ANGELO

  BILL ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the
  following bill has been enrolled, signed by the President of the Senate and
  the Speaker
  of the House, and presented to the Governor for his approval on this 6th day
  of
  February, 1997:

  Senate File 35.

  MARY PAT  GUNDERSON
  Secretary of the Senate

  COMMUNICATIONS RECEIVED

  The following communications were received in the office of the
  Secretary of the Senate and placed on file in the Legislative Service
  Bureau:

  January 21, 1997

  IOWA DEPARTMENT OF TRANSPORTATION

  Annual Report of the Iowa Railway Finance Authority as required in Iowa Code
  Section 327I.8(6).

  DEPARTMENT OF HUMAN SERVICES

  A report on the development of a course of action to meet the goals for
  submission of
  claims and completion of cost settlement, pursuant to Section 39, Chapter
  1183.

  IOWA DEPARTMENT OF TRANSPORTATION

  Annual Report certifying the identified savings with the state agency's use
  of the ICN,
  pursuant to Iowa Code Section 8D.10.
  25th Day THURSDAY, FEBRUARY 6, 1997 223
  January 22, 1997

  DEPARTMENT OF ELDER AFFAIRS

  Annual Report of the Office of the Sate Long-Term Care Ombudsman Program, in
  accordance with Section 213.42 of the Iowa Code.

  DEPARTMENT OF GENERAL SERVICES

  Informational bulletin on "Operation Bold Move".

  LEGISLATIVE FISCAL BUREAU

  1998 Budget and Governor's Recommendations.

  DEPARTMENT OF CORRECTIONS

  A report concerning the vocational offerings at each correctional facility
  as required by
  House File 2472, Section 14, unnumbered paragraph two.

  January 23, 1997

  IOWA HUMAN NEEDS ADVOCATES

  A Budget to Meet Iowa's Human Needs in 1997-1998.

  DEPARTMENT OF MANAGEMENT

  Statement of Standing Appropriations report for fiscal year ending Jun 30,
  1996, in
  accordance with Chapter 8.6(2) of the Code of Iowa.

  January 15, 1997

  IOWA ENERGY CENTER

  Request for Proposals 97F-01.  Biomass Energy Demonstration Facility.

  DEPARTMENT OF NATURAL RESOURCES

  Report of the state Preserves Advisory Board for the Biennium 1995-96.

  January 27, 1997

  IOWA STATE SHERIFF'S AND DEPUTIES' ASSOCIATION

  Legislative Priorities for 1997

  IOWA DEPARTMENT FOR THE BLIND

  Annual Report for 1996, pursuant to Chapter 216B.7, Code of Iowa.
  224 JOURNAL OF THE SENATE 25th Day
  January 28, 1997

  DEPARTMENT OF ELDER AFFAIRS

  The Medicare Partners Annual Report for Fiscal Year 1996, pursuant to Iowa
  Code,
  Chapter 231.24(3).

  IOWA DEPARTMENT OF PUBLIC HEALTH

  Annual Report.  Certificate of Need (CON) Program.

  January 29, 1997

  IOWA DEPARTMENT OF REVENUE AND FINANCE

  1996 Annual Report.

  January 30, 1997

  DEPARTMENT OF CULTURAL AFFAIRS

  Annual Report pursuant to Iowa Code, Chapters 7A.3 and 303.1(6)b.

  LEGISLATIVE SERVICE BUREAU

  Final Report.  Solid Waste Reduction and Recycling Sturdy Committee.

  January 31, 1997

  STATE OF IOWA
  OFFICE OF TREASURER OF STATE

  Annual Report.  Linked Investments for Tomorrow.  Targeted Small Business.

  February 3, 1997

  IOWA DEPARTMENT OF PUBLIC HEALTH

  Report on the FY96 Iowa Healthy Family Program

  IOWA DEPARTMENT OF PUBLIC HEALTH

  Annual Report PRIMECARRE.  Pursuant to Chapter 1168, Iowa Code.

  IOWA DEPARTMENT OF TRANSPORTATION

  1996 Iowa Airport Sufficiency Ratings Report as required by Section
  328.12(11) of the
  Code of Iowa.

  DEPARTMENT OF HUMAN RIGHTS

  25th Annual Report
  25th Day THURSDAY, FEBRUARY 6, 1997 225
  February 4, 1997

  IOWA DEPARTMENT OF TRANSPORTATION

  Recycled Content Plastic Bag and Soy Inks Report as required in Iowa Code,
  Section
  307.21.

  February 5, 1997

  DEPARTMENT OF PUBLIC HEALTH

  Promoting and Protecting the Health of Iowans.

  LEGISLATIVE SERVICE BUREAU

  Biennial Report.  JUDICIAL COMPENSATION COMMISSION

  IOWA DEPARTMENT OF CORRECTIONS

  Progress Report on the Implementation of HF 215.
  226 JOURNAL OF THE SENATE 25th Day
  AFTERNOON SESSION

  The Senate reconvened at 1:10 p.m., President Kramer presiding.

  INTRODUCTION OF BILLS

  Senate File 114, by Fink, a bill for an act relating to the
  discarding of solid waste and providing a penalty.

  Read first time and passed on file.

  Senate File 115, by Jensen, a bill for an act relating to
  guardianships and conservatorships and providing penalties.

  Read first time and passed on file.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Szymoniak until she arrives on request of Senator Fink.

  QUORUM CALL

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

  The vote revealed 35 present, 15 absent and a quorum present.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  House Concurrent Resolution 5

  On motion of Senator Iverson, House Concurrent Resolution 5, a
  concurrent resolution relating to joint rules of the Senate and House
  of Representatives for the Seventy-seventh General Assembly, with
  report of committee recommending passage, was taken up for
  consideration.

  Senator Gronstal withdrew amendment S-3027 filed by him on
  January 28, 1997, to page 2 of the resolution.
  25th Day THURSDAY, FEBRUARY 6, 1997 227
  Senator Halvorson offered amendment S-3028 filed by him on
  February 3, 1997, to page 10 of the resolution.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Dearden until he arrives on request of Senator Hammond.

  BUSINESS PENDING

  House Concurrent Resolution 5

  The Senate resumed consideration of House Concurrent Resolution
  5.

  Senator Halvorson moved the adoption of amendment S-3028 and
  requested a record roll call.

  On the question "Shall amendment S-3028 be adopted?" (H.C.R. 5)
  the vote was:

  Ayes, 17:

  Black, D. Connolly Deluhery Dvorsky
  Fink Flynn Fraise Gronstal
  Halvorson Hammond Hansen Horn
  Judge McCoy Neuhauser Palmer
  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

  Absent or not voting, 5:

  Dearden Gettings Hedge Kibbie
  Szymoniak

  Amendment S-3028 lost.
  228 JOURNAL OF THE SENATE 25th Day
  Senator Halvorson offered amendment S-3029 filed by him on
  February 3, 1997, to pages 8 and 10 of the resolution and moved its
  adoption.

  Amendment S-3029 lost by a voice vote.

  Senator Iverson moved the adoption of House Concurrent
  Resolution 5, which motion prevailed by a voice vote.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 75

  On motion of Senator Bartz, Senate File 75, a bill for an act relating
  to the qualifications of groundwater professionals, was taken up for
  consideration.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Deluhery for the remainder of the day on request of Senator
  Gronstal.

  BUSINESS PENDING

  Senate File 75

  The Senate resumed consideration of Senate File 75.

  Senator Bartz 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. 75) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gronstal Halvorson Hammond Hansen
  25th Day THURSDAY, FEBRUARY 6, 1997 229
  Horn Iverson Jensen Judge
  King Kramer Lind Lundby
  Maddox McCoy McKean McKibben
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Deluhery Gettings Hedge Kibbie
  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 File 75 and House Concurrent Resolution 5 be
  immediately messaged to the House.
  230 JOURNAL OF THE SENATE 25th Day
  APPENDIX

  REPORT OF COMMITTEE MEETING

  BUSINESS AND LABOR

  Convened: February 5, 1997, 3:03 p.m.

  Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member;
  Behn,
  Freeman, Jensen and Schuerer.

  Members Absent: Gettings, Horn, Palmer and Zieman (all excused).

  Committee Business: Assigned bills to subcommittees.

  Adjourned: 3:04 p.m.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 90

  EDUCATION: Rensink, Chair; Angelo and Kibbie

  Senate File 96

  NATURAL RESOURCES AND ENVIRON.: Bartz, Chair; J. Black and Zieman

  Senate File 105

  WAYS AND MEANS: Drake, Chair; Douglas and Palmer

  Senate File 106

  WAYS AND MEANS: Freeman, Chair; Deluhery and Douglas

  Senate File 107

  LOCAL GOVERNMENT: Behn, Chair; J. Black and Hansen

  Senate File 110

  JUDICIARY: Tinsman, Chair; Boettger and Hammond.

  Senate File 112

  JUDICIARY: Halvorson, Chair; Fraise and McKean

  SSB 95

  LOCAL GOVERNMENT: Zieman, Chair; J. Black and Fraise
  25th Day THURSDAY, FEBRUARY 6, 1997 231
  SSB 96

  LOCAL GOVERNMENT: McKean, Chair; Behn and D. Black

  SSB 97

  LOCAL GOVERNMENT: McKean, Chair; Boettger and Fraise

  STUDY BILLS RECEIVED

  SSB 98 Natural Resources & Environment

  Relating to household hazardous materials and retail labeling
  requirements.

  SSB 99 State Government

  Relating to the title guaranty division by providing for the
  appointment of the director and establishing supervisory authority
  over the title guaranty program.

  SSB 100 State Government

  Allowing a supervised, controlled burn for which a permit has been
  issued during an open burning ban.

  SSB 101 State Government

  Concerning eligible alternative retirement benefit systems for
  newly employed community college employees, and providing an
  applicability date.

  SSB 102 State Government

  Relating to mobile home tenant eviction restrictions.

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  113 Local Government
  S. F.  114 Natural Resources & Environ.
  232 JOURNAL OF THE SENATE 25th Day
  S. F.  115 Judiciary

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action: *SENATE FILE 116 (SSB 8), a bill for an act relating to
  the
  appointment and resignation of registered agents of corporations and
  partnerships
  and their registered offices.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bartz, Douglas, Gronstal,
  Hansen,
  King, Lundby, Maddox, McCoy, Redfern. Nays, none. Absent or not voting, 3:
  Flynn,
  Palmer and Rife.

  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 Commerce Committee on Senate
  File
  116 and they were attached to the committee report.

  JUDICIARY

  Final Bill Action: SENATE FILE 117 (SSB 26), a bill for an act eliminating
  the
  restitution limit for the offense of operating while intoxicated.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Drake, Fraise,
  Halvorson, Hammond, Hansen, McKibben, Redfern, Tinsman and Vilsack. Nays,
  none.
  Absent or not voting, 2: Boettger and King.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  INTRODUCTION OF BILLS

  Senate File 116, by committee on Commerce, a bill for an act
  relating to the appointment and resignation of registered agents of
  corporations and partnerships and their registered offices.

  Read first time under rule 28 and placed on calendar.

  Senate File 117, by committee on Judiciary, a bill for an act
  eliminating the restitution limit for the offense of operating while
  intoxicated.

  Read first time under rule 28 and placed on calendar.
  25th Day THURSDAY, FEBRUARY 6, 1997 233

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:45 p.m.,
  until 1:00 p.m., Monday, February 10, 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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