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THIRTY-SEVENTH CALENDAR DAY TWENTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Tuesday, February 18, 1997 The Senate met in regular session at 9:07 a.m., President Kramer presiding. Prayer was offered by the Reverend Leslie Borsay, pastor of the Community Church, Hudson, Iowa. The Journal of Monday, February 17, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dearden until he arrives on request of Senator Gronstal. CONSIDERATION OF BILL (Regular Calendar) Senate File 128 On motion of Senator Bartz, Senate File 128, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing a penalty, was taken up for consideration. Senator Iverson asked and received unanimous consent that action on Senate File 128 be deferred. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: 37th Day TUESDAY, FEBRUARY 18, 1997 305 MADAM PRESIDENT: I am directed to inform your honorable body that the House has on February 17, 1997, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 6, a concurrent resolution requesting that the Iowa State Fair Board establish a policy ensuring that Iowa businesses, associations, and organizations are provided with ample opportunities to showcase Iowa products and services during the Iowa State Fair. This resolution was read first time and passed on file. ALSO: That the House has on February 17, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 92, a bill for an act relating to eligibility for receipt of moneys under the school improvement technology program. This bill was read first time and passed on file. House File 200, a bill for an act relating to nonsubstantive Code corrections. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate File 149, by Jensen, a bill for an act establishing a senior citizen and disabled persons transportation pilot program in the state department of transportation, making an appropriation, and providing effective dates. Read first time and passed on file. Senate File 150, by Maddox, a bill for an act relating to requirements for statements of account issued to students by each community college and institution of higher learning under the control of the state board of regents and providing an effective date. Read first time and passed on file. Senate File 151, by Connolly, a bill for an act allowing an individual income tax deduction for certain federal taxes paid under 306 JOURNAL OF THE SENATE 37th Day the Federal Insurance Contributions Act and the federal Railroad Retirement Tax Act and providing a retroactive applicability date provision. Read first time and passed on file. RECESS On motion of Senator Iverson, the Senate recessed at 9:32 a.m., until 4:00 p.m. 37th Day TUESDAY, FEBRUARY 18, 1997 307 APPENDIX EXPLANATION OF VOTE MADAM PRESIDENT: I was necessarily absent from the Senate chamber on January 28, 1997, when the vote was taken on House Joint Resolution 5. Had I been present, I would have voted "aye". MATT McCOY REPORTS OF COMMITTEE MEETINGS COMMERCE Convened: February 17, 1997, 2:55 p.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Members Absent: Bartz (excused). Committee Business: Amended and approved SSB 108 as a committee bill. Adjourned: 3:10 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 17, 1997, 3:15 p.m. Members Present: Angelo, Vice Chair; Fink, Ranking Member; D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Judge, McKibben, Rehberg and Zieman. Members Absent: Bartz, Chair; Freeman and Hedge (all excused). Committee Business: Presentation by the Iowa bowhunters association on the deer population issue. Adjourned: 4:00 p.m. SMALL BUSINESS AND ECONOMIC DEVELOPMENT Convened: February 17, 1997, 3:15 p.m. Members Present: Rittmer, Chair; Lundby, Vice Chair; Hansen, Ranking Member; Boettger, Douglas, Flynn, Hammond, King, Lind, McCoy, Redwine and Schuerer. Members Absent: Palmer (excused). 308 JOURNAL OF THE SENATE 37th Day Committee Business: Reassigned study bill; assigned governor's appointee; presentation by the vice president of Alcoa on what needs to be done by the state and communities to be competitive for business expansion. Adjourned: 4:05 p.m. SUBCOMMITTEE ASSIGNMENT FOR APPOINTMENT TO BOARD AND COMMISSION In accordance with Senate Rule 59, the following senators were appointed to a subcommittee of a standing committee on February 17, 1997, to investigate the appointment of the following governor's appointee: WAYS AND MEANS Member of the State Board of Tax Review: MARIA M. WATERMAN: Freeman, Chair; McKibben and Judge STUDY BILLS RECEIVED SSB 137 Agriculture Relating to trespassing or estray livestock and providing remedies and an effective date. SSB 138 Education Relating to a temporary law authorizing the director of the department of education to waive, in cases of disaster emergency, a Code provision that requires a one-hundred-eighty-day school calendar, and providing an effective date. SSB 139 Appropriations Relating to the amount of the state reimbursement for the homestead property tax credit and including an applicability date provision. SSB 140 Appropriations Appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block 37th Day TUESDAY, FEBRUARY 18, 1997 309 grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. SSB 141 State Government Relating to the qualifications for the director of the department of corrections. SSB 142 State Government Relating to the establishment of flammability standards for furniture and providing a penalty. SSB 143 State Government Requiring the installation of automatic sprinkler systems in certain new public and nonpublic school building construction. SSB 144 State Government Establishing a real estate tract system and certain registration requirements for persons preparing abstracts of title to real property, establishing a board of examiners, providing for fees and the use of those fees, and providing effective dates. SSB 145 Agriculture Providing for the termination of farm tenancies. SSB 146 Agriculture Providing authority to soil and water conservation district commissioners to allocate moneys for the emergency restoration of permanent soil and water conservation practices. SSB 147 Agriculture Providing for the control of soil erosion at urban construction sites and providing for penalties. 310 JOURNAL OF THE SENATE 37th Day SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 6 STATE GOVERNMENT: Lundby, Chair; Halvorson, McLaren, Szymoniak and Tinsman Senate Joint Resolution 7 STATE GOVERNMENT: Lundby, Chair; Halvorson, McLaren, Szymoniak and Tinsman Senate File 135 APPROPRIATIONS: Rensink, Chair; Freeman, Halvorson, Horn and Rife Senate File 138 HUMAN RESOURCES: Boettger, Chair; J. Black and Dearden Senate File 140 STATE GOVERNMENT: Drake, Chair; Fink and King Senate File 144 STATE GOVERNMENT: King, Chair; Drake, Gronstal, Kibbie and Lundby House File 8 STATE GOVERNMENT: Rittmer, Chair; Szymoniak and Tinsman House File 191 APPROPRIATIONS: Lundby, Chair; D. Black, Dvorsky, Jensen and Rittmer SSB 128 NATURAL RESOURCES & ENVIRON.: Bartz, Chair; J. Black, Fink, Hedge and Judge SSB 135 LOCAL GOVERNMENT: J. Black, Chair; Angelo and Connolly SSB 136 LOCAL GOVERNMENT: Zieman, Chair; Dearden and Redwine SSB 137 AGRICULTURE: Judge, Chair; Angelo and Rehberg 37th Day TUESDAY, FEBRUARY 18, 1997 311 SSB 138 EDUCATION: Rensink, Chair; Kibbie and Redwine SSB 139 APPROPRIATIONS: Douglas, Chair; Behn and Gronstal SSB 140 APPROPRIATIONS: Tinsman, Chair; Behn, Hammond, McCoy and Rittmer SSB 141 STATE GOVERNMENT: Lundby, Chair; Halvorson, McLaren, Szymoniak and Tinsman SSB 142 STATE GOVERNMENT: Rittmer, Chair; Deluhery and Drake SSB 143 STATE GOVERNMENT: Rittmer, Chair; Fink and Lind SSB 144 STATE GOVERNMENT: Lundby, Chair; Fink and Rittmer SSB 145 AGRICULTURE: Angelo, Chair; Fraise and Rife SSB 146 AGRICULTURE: Behn, Chair; J. Black and Gettings COMMITTEE REPORTS COMMERCE Final Bill Action: *SENATE FILE 160 (SSB 108), a bill for an act relating to funds held by insurance companies and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none. Absent or not voting, 1: Bartz. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 312 JOURNAL OF THE SENATE 37th Day *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Commerce Committee on Senate File 160 and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 86, a bill for an act concerning employment rights of fire fighters under civil service who are elected as officers in certain professional fire fighter organizations, and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 10: Lind, Rittmer, Kibbie, Deluhery, Fink, Gronstal, Halvorson, Lundby, McKibben and Rife. Nays, 2: King and McLaren. Absent or not voting, 3: Drake, Szymoniak and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 37th Day TUESDAY, FEBRUARY 18, 1997 313 AFTERNOON SESSION The Senate reconvened at 4:06 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 34 present, 16 absent and a quorum present. BUSINESS PENDING Senate File 128 The Senate resumed consideration of Senate File 128, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing a penalty, previously deferred. Senator Hammond offered amendment S-3049 filed by Senators Hammond and Fink on February 17, 1997, to page 1 of the bill. Senator Bartz called for a division of amendment S-3049: lines 2 and 3 as division S-3049A and lines 4-18 as division S-3049B. Senator Hammond moved the adoption of amendment S-3049A, which motion prevailed by a voice vote. Senator Hammond moved the adoption of amendment S-3049B and requested a non record roll call. The ayes were 23, nays 25. Division S-3049B lost. Senator Bartz offered amendment S-3051 filed by him from the floor to page 2 of the bill and moved its adoption. Amendment S-3051 was adopted by a voice vote. 314 JOURNAL OF THE SENATE 37th Day 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. 128) the vote was: Ayes, 41: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Deluhery Douglas Drake Flynn Fraise Freeman Gettings Halvorson Hansen Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Vilsack Zieman Nays, 7: Dvorsky Fink Gronstal Hammond Neuhauser Rife Szymoniak Absent or not voting, 2: Dearden Hedge 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 that Senate File 128 be immediately messaged to the House. 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 18, 1997, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 7, a concurrent resolution recognizing the women who served Iowa as state legislators through 37th Day TUESDAY, FEBRUARY 18, 1997 315 Iowa's sesquicentennial year, 1996, and celebrating 100 years of women elected to state legislatures. This resolution was read first time and passed on file. ALSO: That the House has on February 18, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 132, a bill for an act relating to the liability of persons involved in domesticated animal activities. This bill was read first time and passed on file. House File 229, a bill for an act relating to the availability of a map indicating the location of electric transmission lines related to the extension of a franchise. This bill was read first time and passed on file. House File 232, a bill for an act providing for court-ordered treatment of a criminal defendant judged mentally incapable of standing trial. This bill was read first time and passed on file. House File 233, a bill for an act relating to cooperative associations, by providing for the filing of documents and providing for the effective date of a merger or consolidation. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate Resolution 5, by McCoy, a resolution demanding that Governor Arne Carlson make a public apology for defamatory comments about the city of Des Moines. Read first time and passed on file. Senate File 152, by Szymoniak, Deluhery, Lind, Tinsman, Fink, Kibbie, Gronstal, Halvorson, Lundby, Rife, and Drake, a bill for an act 316 JOURNAL OF THE SENATE 37th Day relating to the inclusion of abuse prevention language on a marriage license application form and on a marriage license. Read first time and passed on file. Senate File 153, by Tinsman, a bill for an act relating to medical malpractice actions by modifying the statute of limitations for minors. Read first time and passed on file. Senate File 154, by Hansen, a bill for an act relating to the compulsory school attendance age. Read first time and passed on file. Senate File 155, by Lundby, a bill for an act relating to the taking of deer to minimize depredation of property. Read first time and passed on file. Senate File 156, by Neuhauser, a bill for an act relating to local laws and regulations concerning smoking prohibitions and cigarettes and tobacco products. Read first time and passed on file. Senate File 157, by Tinsman, McKean, Hammond, Vilsack, Redwine, Dvorsky, Zieman, Rehberg, McCoy, and Fink, a bill for an act relating to the application of local laws and regulations pertaining to smoking prohibitions and cigarette and tobacco products. Read first time and passed on file. Senate File 158, by Dvorsky, a bill for an act exempting unemployment compensation from the state individual income tax and providing a retroactive applicability date provision. Read first time and passed on file. Senate File 159, by Dvorsky and Neuhauser, a bill for an act concerning assistive devices by providing for express warranties, replacement of devices, and providing consumer remedies. 37th Day TUESDAY, FEBRUARY 18, 1997 317 Read first time and passed on file. Senate File 160, by committee on Commerce, a bill for an act relating to funds held by life insurance companies and providing an effective date. Read first time and placed on calendar. Senate File 161, by committee on Agriculture, a bill for an act modifying the holding temperature required for the storage of eggs sold at retail. Read first time and placed on calendar. Senate File 162, by Douglas, a bill for an act relating to the posting of land by the owner regarding permission to hunt, fish, or trap and providing a penalty. Read first time and passed on file. 318 JOURNAL OF THE SENATE 37th Day APPENDIX BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 149 Transportation S. F. 150 Education S. F. 151 Ways and Means S. F. 152 Human Resources S. F. 153 Human Resources S. F. 154 Education S. F. 155 Natural Resources S. F. 156 Human Resources S. F. 157 Human Resources S. F. 158 Ways and Means S. F. 159 State Government H. C. R. 6 Small Business & Econ. Develp. H. C. R. 7 State Government H. F. 92 Education H. F. 132 Agriculture H. F. 200 Judiciary H. F. 229 Commerce H. F. 232 Judiciary H. F. 233 State Government COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 161 (SSB 46), a bill for an act modifying the holding temperature required for the storage of eggs sold at retail. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Rensink, J. Black, Judge, Angelo, Behn, D. Black, Fraise, Gettings, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none. Absent or not voting, 2: D. Black and 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 Agriculture Committee on Senate File 161 and they were attached to the committee report. 37th Day TUESDAY, FEBRUARY 18, 1997 319 APPROPRIATIONS Final Bill Action: HOUSE FILE 191, a bill for an act relating to the establishment of the drinking water facilities financing program, the drinking water treatment revolving loan fund, the drinking water facilities administration fund, and providing an effective date. Recommendation: DO PASS. Final Vote Ayes, 24: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Lind, Lundby, Maddox, Neuhauser, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: McCoy. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILL SIGNED BY THE GOVERNOR A communication was received announcing that on February 18, 1997, the governor approved and transmitted to the secretary of state the following bill: S.F. 5 ( Relating to the registration fee for ex-prisoner of war motor vehicle plates and providing an effective date and a retroactive applicability date. AMENDMENTS FILED S(3051 S. F. 128 Merlin E. Bartz S(3052 S. F. 132 Rod Halvorson S(3053 S. F. 58 Elaine Szymoniak ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:35 p.m., until 9:00 a.m., Wednesday, February 19, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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