Senate Journal: Tuesday, February 11, 1997

  THIRTIETH CALENDAR DAY
  EIGHTEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 11, 1997

  The Senate met in regular session at 9:14 a.m., President pro tempore
  Redfern

  Prayer was offered by the Reverend Bruce Bronson, pastor of the
  Central Avenue Baptist Church, Hartley, Iowa

  The Journal of Monday, February 10, 1997, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senator Lundby until she arrives on request of Senator McKean and Senator
  Kramer until she arrives on request of Senator Lind.

  INTRODUCTION OF BILL

  Senate File 120, by Flynn, a bill for an act relating to the
  extension of time during which an alternative surcharge may be
  imposed for enhanced 911 services.

  Read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:25 a.m.,
  until 3:30 p.m.
  30th Day TUESDAY, FEBRUARY 11, 1997 241
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened: February 6, 1997, 9:50 a.m.

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

  Members Absent: Hedge, Chair (excused).

  Committee Business: Presentations by: director of the department of
  inspections
  and appeals on weights and measure activities; assistant attorney general on
  the
  expenditure limitations of the fish and game protection fund; director of
  the
  department of natural resources on REAP program and funds and information
  pertaining to the fish and game protection fund.

  Adjourned: 11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: February 6, 1997, 9:45 a.m.

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

  Members Absent: none.

  Committee Business: Presentation by the Iowa public employment relations
  board
  on venture capital.

  Adjourned: 11:00 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened: February 5, 1997, 9:38 a.m.

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

  Members Absent: Kibbie (excused).

  Committee Business: Presentations by: president of Iowa western community
  college; interim president of southwestern community college; president of
  hawkeye
  community college; president of Iowa valley community college; senior vice
  president
  of academic affairs, DMACC.

  Adjourned: 11:21 a.m.
  242 JOURNAL OF THE SENATE 30th Day
  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened: February 6, 1997, 9:37 a.m.

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

  Members Absent: McKibben, Vice Chair and Kibbie (both excused).

  Committee Business: Presentation of slide show "To Become the Best" by the
  president of ISU, and recipients of the Uof I Hixson award spoke about the
  award.

  Adjourned: 11:25 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened: February 6, 1997, 10:10 a.m.

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

  Members Absent: Jensen and Palmer (both excused).

  Committee Business: Presentation by the department of public health on the
  HOPES program.

  Adjourned: 11:40 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: February 6, 1997, 9:43 a.m.

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

  Members Absent: none.

  Committee Business: Presentation by the department of human services on
  economic assistance and child support recovery.

  Adjourned: 11:31 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened: February 6, 1997, 9:50 a.m.

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

  Members Absent: none.

  Committee Business: Probation revocation pilot project; presentation by the
  Iowa
  bar association on indigent defense issues; presentation by the department
  of
  corrections on prison industries and other issues.
  30th Day TUESDAY, FEBRUARY 11, 1997 243

  Adjourned: 11:32 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORATION, INFRASTRUCTURE &
  CAPITALS

  Convened: February 6, 1997, 9:48 a.m.

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

  Members Absent: none.

  Committee Business: Presentation by the director of general services on
  budget
  requests for governor's capital project recommendations, major maintenance
  and
  ongoing maintenance needs, allocation to state agencies for maintenance and
  parking
  lot improvements.

  Adjourned: 11:32 a.m.

  COMMERCE

  Convened: February 10, 1997, 1:35 p.m.

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

  Members Absent: Maddox (excused) and Palmer.

  Committee Business: Recommended passage of Senate Files 61 and 98.

  Adjourned: 1:45 p.m.

  ETHICS

  Convened: February 10, 1997, 1:37 p.m.

  Members Present: Drake, Temporary Chair; Gettings, Ranking Member; Iverson,
  temporary member; McKean, Neuhauser and Szymoniak.

  Members Absent: none.

  Committee Business: Approved SSB 92 as a committee bill and amended and
  approved SSB 93 as a committee bill.

  Adjourned: 2:25 p.m.


  HUMAN RESOURCES

  Convened: February 6, 1997, 3:05 p.m.
  244 JOURNAL OF THE SENATE 30th Day
  Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Schuerer, Tinsman
  and
  Vilsack.

  Members Absent: Rensink (excused).

  Committee Business: Discussed and deferred action on SSB 33; assigned bills
  to
  subcommittees.

  Adjourned: 3:23 p.m.

  JUDICIARY

  Convened: February 6, 1997, 11:44 a.m.

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

  Members Absent: Boettger and King (both excused).

  Committee Business: Assigned bills to subcommittees; approved SSBs 26 and 59
  as
  committee bills.

  Adjourned: 12:00 noon.

  JUDICIARY

  Convened: February 10, 1997, 4:05 p.m.

  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: Recommended passage of Senate File 33 as amended.

  Adjourned: 5:05 p.m.

  WAYS AND MEANS

  Convened: February 6, 1997, 2:12 p.m.

  Members Present: Douglas, Chair; Palmer, Ranking Member; Borlaug, Connolly,
  Drake, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack.

  Members Absent: McKibben, Vice Chair; Deluhery, Freeman and Hedge (all
  excused).

  Committee Business: Assigned bills to subcommittees.
  30th Day TUESDAY, FEBRUARY 11, 1997 245
  Adjourned: 2:45 p.m.

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Elizabeth Reicks, Lawler ( For being one of the State's top middle-level
  student
  volunteer in the Prudential Spirit of Community Awards. Senator Borlaug
  (2-6-97).

  Justin Eveloff, Council Bluffs ( For being named one of the State's top two
  youth
  volunteers in the Prudential Spirit of Community Awards. Senator Gronstal
  (2-11-97).

  Appanoose County Water Rescue Team ( For involvement and contribution to
  water
  safety. Senator Judge (2-11-97).

  COMMITTEE REPORTS

  ETHICS

  Final Bill Action: *SENATE RESOLUTION 2 (SSB 93), a resolution to provide
  for
  the Senate Code of Ethics.

  Recommendation: APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 6: Drake, Iverson, Gettings, McKean, Neuhauser and
  Szymoniak.
  Nays, none.

  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 Ethics Committee on Senate
  Resolution
  2 and they were attached to the committee report.

  ALSO:

  Final Bill Action: SENATE RESOLUTION 3 (SSB 92), a resolution to provide the
  senate rules governing lobbyists.

  Recommendation: APPROVED COMMITTEE RESOLUTION.

  Final Vote: Ayes, 6: Drake, Iverson, Gettings, McKean, Neuhauser and
  Szymoniak.
  Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S(3037 S. F.  104 Mike Connolly
  S(3038 S. F.  104 Steven D. Hansen
  S(3039 S. F.  82 Tom Vilsack
  Robert E. Dvorsky
  246 JOURNAL OF THE SENATE 30th Day
  Patty Judge
  Johnie Hammond
  Eugene Fraise

  STUDY BILLS RECEIVED

  SSB 110 Education

  Relating to tuition and fees charged by public school districts and to
  tuition and fee waiver rules for indigent families, and providing an
  immediate effective date.

  SSB 111 Ways & Means

  Relating to taxation of the delivery and consumption of electricity
  and natural gas within the state of Iowa and providing for the Act's
  retroactive applicability, and providing penalties.

  SSB 112 Commerce

  Relating to the services provided through the practice of land
  surveying.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 111

  WAYS AND MEANS: Douglas, Chair; Judge and McLaren

  Senate File 113

  LOCAL GOVERNMENT: McKean, Chair; Behn and Hansen

  SSB 48.1

  TRANSPORTATION: Borlaug, Chair; Drake, Gettings, McCoy and Rittmer

  SSB 110

  EDUCATION: Redfern, Chair; J. Black, Connolly, Redwine and Szymoniak

  SSB 111

  WAYS AND MEANS: Maddox, Chair; Deluhery and McLaren
  30th Day TUESDAY, FEBRUARY 11, 1997 247
  AFTERNOON SESSION

  The Senate reconvened at 3:36 p.m., President Kramer presiding.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM. PRESIDENT: I am directed to inform your honorable body that the House
  has on February 11, 1997, passed the following bills in which the
  concurrence of the
  Senate is asked:

  House File 125, a bill for an act appropriating federal block grant
  funds and amending appropriations from the general fund of the state
  to the department of human services for the state fiscal year
  beginning July 1, 1996, and providing an effective date.

  This bill was read first time and passed on file.

  House File 126, a bill for an act relating to the state sales and use
  tax exemption on certain computers, machinery, equipment, and fuel.

  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate Resolution 2, by committee on Ethics, a resolution to
  provide for the Senate code of Ethics.

  Read first time and placed on calendar.

  Senate Resolution 3, by committee on Ethics, a resolution to
  provide the senate rules governing lobbyists.

  Read first time and placed on calendar.

  Senate File 121, by Hansen, a bill for an act authorizing certain
  cities to provide for the direct election of mayor and mayor pro tem.

  Read first time and passed on file.
  248 JOURNAL OF THE SENATE 30th Day
  Senate File 122, by Borlaug, a bill for an act relating to the
  penalties for possession, purchases, or attempts to purchase and the
  selling, giving, or supplying of certain alcoholic beverages to persons
  under the age of eighteen.

  Read first time and passed on file.

  Senate File 123, by committee on Judiciary, a bill for an act
  relating to runaway children, by defining when a child is a chronic
  runaway, authorizing county runaway treatment plans, and
  providing for assessment and treatment procedures for chronic
  runaways.

  Read first time and placed on calendar.

  QUORUM CALL

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

  The vote revealed 43 present, 7 absent and a quorum present.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 117.

  Senate File 117

  On motion of Senator McKean, Senate File 117, a bill for an act
  eliminating the restitution limit for the offense of operating while
  intoxicated, was taken up for consideration.

  Senator McKean 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. 117) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  30th Day TUESDAY, FEBRUARY 11, 1997 249
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn 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 Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Hedge

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

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senate File 82

  On motion of Senator Rensink, Senate File 82, a bill for an act
  relating to energy conservation including making appropriations of
  petroleum overcharge funds, was taken up for consideration.

  Senator Vilsack offered amendment S-3039 filed by Senators
  Vilsack, et al., from the floor to page 1 of the bill and moved its
  adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3039 be adopted?" (S.F. 82)
  the vote was:

  Ayes, 22:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  250 JOURNAL OF THE SENATE 30th Day
  Hansen Horn Judge Kibbie
  Lind McCoy Neuhauser Palmer
  Szymoniak Vilsack

  Nays, 27:

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

  Absent or not voting, 1:

  Hedge

  Amendment S-3039 lost.

  Senator Rensink 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. 82) the vote was:

  Ayes, 49:

  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
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Hedge
  30th Day TUESDAY, FEBRUARY 11, 1997 251
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Files 118 and 61.

  Senate File 118

  On motion of Senator Vilsack, Senate File 118, a bill for an act
  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, was taken up
  for consideration.

  Senator Vilsack 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. 118) the vote was:

  Ayes, 49:

  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
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Hedge
  252 JOURNAL OF THE SENATE 30th Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senate File 61

  On motion of Senator Jensen, Senate File 61, a bill for an act
  relating to the membership of a joint 911 service board, with report of
  committee recommending passage, was taken up for consideration.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 61  be deferred.

  Senate File 80

  On motion of Senator Lind, Senate File 80, a bill for an act relating
  to police bicycles, with report of committee recommending passage,
  was taken up for consideration.

  Senator Lind 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. 80) the vote was:

  Ayes, 49:

  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
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 1:

  Hedge
  30th Day TUESDAY, FEBRUARY 11, 1997 253
  The bill 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 to take up
  for consideration Senate File 98.

  Senate File 98

  On motion of Senator Jensen, Senate File 98, a bill for an act
  relating to the willful destruction of E911 addressing signs and
  providing a penalty, with report of committee recommending passage,
  was taken up for consideration.

  Senator Hansen asked unanimous consent that Senate File 98 be
  referred to the committee on Judiciary.

  Senator Iverson asked and received unanimous consent that
  Senate File 98 be referred to the committee on Judiciary.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 80, 82, 117 and 118 be immediately messaged to the
  House.

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  119 Transportation
  S. F.  120 Commerce
  S. F.  121 Local Government
  H. F.  108 Business and Labor
  H. F.  125 Appropriations
  H. F.  126 Ways and Means

  COMMITTEE REPORTS

  JUDICIARY

  Final Bill Action: *SENATE FILE 123 (formerly Senate File 33), a bill for an
  act
  relating to runaway children, by defining when a child is a chronic
  runaway,
  254 JOURNAL OF THE SENATE 30th Day
  authorizing county runaway treatment plans, and providing for assessment and
  treatment procedures for chronic runaways

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: McKean, Maddox, Angelo, Boettger, Drake, Halvorson,
  Hansen,
  King, McKibben, Redfern, Tinsman and Vilsack. Nays, 3: Neuhauser, Fraise and
  Hammond.

  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 Judiciary Committee on Senate
  File
  123 and they were attached to the committee report.

  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 58, a bill for an act establishing English as
  the
  common language of the state.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3040.

  Final Vote: Ayes, 11: Lind, Rittmer, Kibbie, Drake, Halvorson, King, Lundby,
  McKibben, McLaren, Rife, and Tinsman. Nays, 4: Deluhery, Fink, Gronstal and
  Szymoniak.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  PRESENTATION OF VISITOR

  Senator Szymoniak introduced Mrs. Kim Kee Eun, vice director of
  the Korea women's center for social research, and her interpreter,
  Hoeson Park, who were present in the Senate chamber.

  AMENDMENTS FILED

  S(3040 S. F.  58 State Government

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 4:34 p.m.,
  until 9:00 a.m., Wednesday, February 12, 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 Feb 12 13:40:08 CST 1997
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