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THIRTY-SIXTH CALENDAR DAY TWENTY-FIRST SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 17, 1997 The Senate met in regular session at 1:10 p.m., President Kramer presiding. Prayer was offered by the Reverend Robert Skoor, pastor of the Reformed Church of Latter Day Saints, Des Moines, Iowa. The Journal of Thursday, February 13, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Neuhauser for the day on request of Senator Dvorsky. INTRODUCTION OF BILLS Senate File 140, by Fink, a bill for an act relating to the possession of curio or relic firearms by members of certain organizations. Read first time and passed on file. Senate File 141, by Maddox, a bill for an act relating to access to information pertaining to juveniles involved in delinquent acts. Read first time and passed on file. Senate File 142, by Szymoniak, a bill for an act relating to the grounds for termination of parental rights of a putative father. Read first time and passed on file. Senate File 143, by Fink, a bill for an act relating to the disposition of receipts from the sale of state-owned timber. 292 JOURNAL OF THE SENATE 36th Day Read first time and passed on file. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Hedge until he arrives and Senator Bartz for the day on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senate File 116 On motion of Senator Lundby, Senate File 116, a bill for an act relating to the appointment and resignation of registered agents of corporations, limited liability companies, and partnerships and their registered offices, was taken up for consideration. Senator Lundby 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. 116) the vote was: Ayes, 46: Angelo 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 Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1: Palmer Absent or not voting, 3: Bartz Hedge Neuhauser 36th Day MONDAY, FEBRUARY 17, 1996 293 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 131. Senate File 131 On motion of Senator Behn, Senate File 131, a bill for an act relating to fraudulent practices involving family investment and medical assistance program benefits and making penalties applicable, was taken up for consideration. Senator Behn 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. 131) the vote was: Ayes, 47: Angelo 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 Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 3: Bartz Hedge Neuhauser 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 116 and 131 be immediately messaged to the House. 294 JOURNAL OF THE SENATE 36th Day INTRODUCTION OF BILLS Senate Joint Resolution 6, by Halvorson, a joint resolution requesting the proposal of an amendment to the Constitution of the United States to limit the number of terms of service of members of the United States Congress. Read first time and passed on file. Senate Joint Resolution 7, by Halvorson, a joint resolution proposing an amendment to the Constitution of the State of Iowa changing the legislative branch of state government to a unicameral system. Read first time and passed on file. Senate File 144, by Kibbie, a bill for an act relating to publication of false or misleading information in political advertisements and applying a penalty. Read first time and passed on file. Senate File 145, by Judge, Black of Kossuth, and Redwine, a bill for an act relating to the county mental health, mental retardation, and developmental disabilities services fund levy by providing a procedure for a county to make revisions affecting the services fund levy and other levies, and providing an effective date. Read first time and passed on file. Senate File 146, by McCoy, a bill for an act relating to vehicles classified as school buses. Read first time and passed on file. 36th Day MONDAY, FEBRUARY 17, 1996 295 APPENDIX REPORTS OF COMMITTEE MEETINGS APPROP. SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 13, 1997, 9:57 a.m. Members Present: Lundby, Chair; Bartz, Vice Chair; McCoy, Ranking Member; J. Black and Gettings. Members Absent: none. Committee Business: Discussed budget decisions for the departments of treasurer of state, state-federal relations office, and revenue and finance. Adjourned: 11:13 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 13, 1997, 9:50 a.m. Members Present: Rensink, Vice Chair; D. Black, Ranking Member; Behn and Dearden. Members Absent: Hedge, Chair (excused). Committee Business: Discussed proposed appropriation bill. Adjourned: 11:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 13, 1997, 9:50 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Fink and Zieman. Members Absent: Vilsack, Ranking Member (excused). Committee Business: Presentation by the DED business development division. Adjourned: 11:10 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 13, 1997, 9:45 a.m. Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member; Kibbie and Rehberg. Members Absent: none. 296 JOURNAL OF THE SENATE 36th Day Committee Business: Presentation by the president and executive director of the board of regents; budget presentation by representatives of IPTV; superintendent and students of Iowa braille and sight saving school reviewed the school's programs; superintendent and students of Iowa school for the deaf reviewed the school's activities. Adjourned: 11:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 13, 1997, 9:59 a.m. Members Present: Rittmer, Chair and Flynn, Ranking Member. Members Absent: Redfern, Vice Chair; Jensen and Palmer (all excused). Committee Business: Budgeting for results and block grants presentations. Adjourned: 11:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 13, 1997, 9:54 a.m. Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Redwine and Szymoniak. Members Absent: none. Committee Business: Presentations by: Central point coordinators roundtable; Iowa state association of counties; state county management committee. Adjourned: 11:42 a.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: February 13, 1997, 9:55 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorksy, Ranking Member; Fraise and McKean. Members Absent: none. Committee Business: D.A.R.E. program. Adjourned: 10:41 a.m. APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: February 13, 1997, 9:55 a.m. 36th Day MONDAY, FEBRUARY 17, 1996 297 Members Present: Neuhauser, Ranking Member and Deluhery. Members Absent: Rife, Chair; Kramer, Vice Chair; and McLaren (all excused). Committee Business: Presentation on the Year 2000 and ITS structure by DHS. Adjourned: 11:44 a.m. APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE & CAPITALS Convened: February 13, 1997, 9:55 a.m. Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member and Connolly. Members Absent: Douglas. Committee Business: Presentations by: ISU department of civil and const. eng. state of Iowa infrastructure needs; veterans affairs commission capital projects recommendations; Iowa public employees retirement system, proposed construction of the IPERS headquarters. Adjourned: 11:50 a.m. EDUCATION Convened: February 12, 1997, 3:56 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Members Absent: none. Committee Business: Assigned bills to subcommittees and a presentation by Iowa future farmers of America. Adjourned: 4:06 p.m. JUDICIARY Convened: February 13, 1997, 1:53 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Angelo, Drake, Fraise, Hammond, Hansen, King and Tinsman. Members Absent: Neuhauser, Ranking Member; Boettger, Halvorson, McKibben, Redfern and Vilsack (all excused). 298 JOURNAL OF THE SENATE 36th Day Committee Business: Assigned bills to subcommittees. Adjourned: 1:58 p.m. BILL ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bill to committee on February 12, 1997: H.F. 8 State Government 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 17th day of February, 1997: Senate File 5. MARY PAT GUNDERSON Secretary of the Senate STUDY BILLS RECEIVED SSB 128 Natural Resources & Environment Relating to animal feeding operations, by providing for the application of manure and the inspection of certain animal feeding operation structures. SSB 129 Commerce Eliminating notice requirements relating to the location of certain electric transmission lines, wires, or cables. SSB 130 Commerce Relating to garnishment of employee's earnings. SSB 131 Commerce 36th Day MONDAY, FEBRUARY 17, 1996 299 Relating to permissible charges which may be contracted for and received with respect to open-end credit. SSB 132 Comm erce Relating to the review of the reorganization of a public utility and providing and effective date. SSB 133 Agriculture Restricting the use of spray irrigation equipment on land draining into agricultural drainage wells. SSB 134 Transportation Relating to the issuance of motor vehicle licenses for certain law enforcement officers and providing penalties. SSB 135 Local Government Relating to the qualifications for the office of county sheriff. SSB 136 Local Government Relating to notarial acts and the issuance of marriage licenses by county registrars. SUBCOMMITTEE ASSIGNMENTS FOR APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees to investigate the appointment of the following governor's appointees: BUSINESS AND LABOR (2-17-97) Members of the Iowa Workforce Development Board: PERRY CHAPIN: Palmer, Chair; Jensen and Schuerer MARGARET A. HOLMES: King, Chair; Zieman and Gettings 300 JOURNAL OF THE SENATE 36th Day ALAN R. KABELA: Schuerer; Chair; Behn and Horn PATRICIA M. MARSHALL: Horn, Chair; Freeman and Jensen KATHRYN A. MURPHY: Jensen, Chair; King and Dearden EARNEST L. NELSON: Freeman, ChairZieman and Gettings NORMA J. SCHMOKER: King, Chair; Jensen and Horn RICHARD T. VANDER LAAN: Zieman, Chair; Schuerer and Dearden WILLIAM E. YEAGER: Freeman, Chair; Behn and Palmer Member of the Public Employment Relations Board: ELIZABETH L. SEISER: Behn, Chair; Freeman and Dearden COMMERCE (2-17-97) Members of the Iowa Telecommunications and Technology Commission: MARY JEAN MONTGOMERY: Rife, Chair; Redfern and McCoy MARK J. SCHOUTEN: Rife, Chair; Redfern and McCoy EDUCATION (2-17-97) Members of the State Board of Education: CHARLENE R. FULTON: Rensink, Chair; Redwine and Kibbie KAY E. WAGNER: Tinsman, Chair; Neuhauser and Angelo Members of the State Board of Regents: JAMES H. ARENSON: Lind, Chair; Dvorsky and Rehberg JUDICIARY (2-13-97) Member of the Commission on Judicial Qualifications: ARTHUR P. SILVA: Hansen Chair; King and Tinsman NATURAL RESOURCES AND ENVIRONMENT (2-13-97) Members of the Environmental Protection Commission: DEAN R. McWILLIAMS: Dvorsky, Chair; Dearden and Zieman RITA A. VENNER: Deluhery, Chair; Freeman and McKibben Member of the Renewable Fuels and Coproducts Advisory Committee: MARY L. NORTON: Angelo, Chair; D. Black and Borlaug 36th Day MONDAY, FEBRUARY 17, 1996 301 STATE GOVERNMENT (2-13-97) Administrator of Professional Licensing and Regulation: ROGER A. HALVORSON: Gronstal, Chair; Drake and Tinsman Member of the Board of Dental Examiners: DR. LeROY I. STROHMAN: Halvorson, Chair; Lundby and McKibben Member of the Board of Medical Examiners: SHIRLEY A. MEISENHEIMER: Szymoniak, Chair; McLaren and King Members of the Board of Mortuary Science Examiners: CARLTON D. PETERSON: Deluhery, Chair; Lind and Rife RICARD R. PORTER: Deluhery, Chair; Lind and Rife Member of the Commission on the Status of African-Americans: CAMILLE V. SCULLY: Fink, Chair; Tinsman and Lundby Director of the Department of Inspections and Appeals: KIM D. SCHMETT: Szymoniak, Chair; McLaren and King Member of the Investment Board of the IPERS: KIMBERLY K. REYNOLDS: Kibbie, Chair; Rittmer and Lind AMENDMENTS FILED S(3048 S. F. 132 Allen Borlaug S(3049 S. F. 128 Johnie Hammond Bill Fink S(3050 S. F. 132 Rod Halvorson SUBCOMMITTEE ASSIGNMENTS Senate File 125 COMMERCE: Jensen, Chair; Douglas and Gronstal House File 108 BUSINESS AND LABOR: Rife, Chair; Palmer and Zieman 302 JOURNAL OF THE SENATE 36th Day SSB 73 (Reassigned) SMALL BUSINESS AND ECON. DEVELOP.: Rittmer, Chair; Boettger, Flynn, McCoy and Schuerer SSB 127 HUMAN RESOURCES: Tinsman, Chair; Boettger and Szymoniak SSB 129 COMMERCE: King, Chair; Hansen and Lundby SSB 130 COMMERCE: Bartz, Chair; Deluhery and Maddox SSB 131 COMMERCE: Schuerer, Chair; Palmer and Rife SSB 132 COMMERCE: King, Chair; Deluhery and Redfern SSB 133 AGRICULTURE: Rensink, Chair; Bartz, J. Black, D. Black and Kibbie SSB 134 TRANSPORTATION: Drake, Chair; Jensen and McCoy INTRODUCTION OF BILLS Senate File 147, by Dvorsky, a bill for an act relating to the exemption from the sales, services, and use taxes of gas and electricity for use in residential-type dwellings and providing an applicability date provision. Read first time under Rule 28 and passed on file. Senate File 148, by Dvorsky and Neuhauser, a bill for an act relating to school finance by providing a formula to fund costs resulting from increased student enrollment and making an appropriation. 36th Day MONDAY, FEBRUARY 17, 1996 303 Read first time under Rule 28 and passed on file. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee on February 17, 1997: S. F. 136 Ways and Means S. F. 137 Natural Resources S. F. 138 Human Resources S. F. 139 Judiciary S. F. 140 State Government S. F. 141 Judiciary S. F. 142 Human Resources S. F. 143 Natural Resources S. F. 144 State Government S. F. 145 Local Government S. F. 146 Education S. F. 147 Ways and Means S. F. 148 Education S. J. R. 6 State Government S. J. R. 7 State Government SUBCOMMITTEE ASSIGNMENT FOR APPOINTMENT TO BOARD AND COMMISSION In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committee on February 17, 1997, to investigate the appointment of the following governor's appointee: SMALL BUSINESS, ECON. DEVLPT AND TOURISM Member of the Iowa Seed Capital Corporation: HUGH M. FIELD: Hansen, Chair; Schuerer and King ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 2:51 p.m., until 9:00 a.m., Tuesday, February 18, 1997.
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