| Previous Day: Tuesday, February 18 | Next Day: Thursday, February 20 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
THIRTY-EIGHTH CALENDAR DAY TWENTY-THIRD SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, February 19, 1997 The Senate met in regular session at 9:10 a.m., President Kramer presiding. Prayer was offered by the Reverend Mark Sherwood, pastor of the Berean Baptist Church, Perry, Iowa. The Journal of Tuesday, February 18, 1997, was approved. INTRODUCTION OF BILL Senate File 163, by Boettger and Iverson, a bill for an act relating to the sale of cigarettes and tobacco products through vending machines. Read first time and passed on file. 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 58 On motion of Senator King, Senate File 58, a bill for an act establishing English as the common language of the state, with report 38th Day WEDNESDAY, FEBRUARY 19, 1997 321 of committee recommending amendment and passage, was taken up for consideration. Senator Fink offered amendment S-3054 filed by him from the floor to strike everything after the enacting clause and to the title page of the bill. Senator Borlaug raised the point of order that amendment S-3054 was not germane to the bill. The Chair ruled the point well taken and amendment S-3054 out of order. Senator Fink asked unanimous consent that action on Senate File 58 be deferred. Senator Fink withdrew his request to defer. Senator King withdrew amendment S-3055 filed by him from the floor to page 1 of the bill. Senator Connolly withdrew amendment S-3059 filed by him from the floor to page 1 of the bill. Senator King offered amendment S-3040 filed by the committee on State Government on February 11, 1997, to page 1 of the bill and moved its adoption. Amendment S-3040 was adopted by a voice vote. Senator King offered amendment S-3060 filed by him from the floor to page 1 of the bill. Senator Flynn asked and received unanimous consent that action on amendment S-3060 be deferred. (Action on Senate File 58 was temporarily deferred.) SPECIAL GUEST President Kramer presented the Honorable Leonard L. Boswell, U.S. Representative from Iowa's Third District, and former member of the Iowa Senate. 322 JOURNAL OF THE SENATE 38th Day Congressman Boswell remarked it was good to be back and said he had received committee assignments of Transportation and Infra- structure, and Agriculture, two committees very important to Iowa. BUSINESS PENDING Senate File 58 The Senate resumed consideration of Senate File 58 and amendment S-3060, previously deferred. Senator King asked and received unanimous consent that action on amendment S-3060 continue to be deferred. Senator Szymoniak withdrew amendment S-3053 filed by her on February 18, 1997, to page 1 of the bill. Senator Dvorsky offered amendment S-3056 filed by him from the floor to page 1 of the bill. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack until he arrives on request of Senator Judge. BUSINESS PENDING Senate File 58 The Senate resumed consideration of Senate File 58. Senator Dvorsky moved the adoption of amendment S-3056 and requested a record roll call. On the question "Shall amendment S-3056 be adopted?" (S.F. 58) the vote was: Ayes, 23: Black, D. Boettger Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal 38th Day WEDNESDAY, FEBRUARY 19, 1997 323 Halvorson Hammond Hansen Horn Judge Kibbie McCoy McKean Neuhauser Palmer Szymoniak Nays, 25: Angelo Bartz Behn Black, J. Borlaug Douglas Drake Iverson Jensen King Kramer Lind Lundby Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Hedge Vilsack Amendment S-3056 lost. Senator Iverson asked and received unanimous consent that action on Senate File 58 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 9:55 a.m., until 1:00 p.m. 324 JOURNAL OF THE SENATE 38th Day APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 18, 1997, 8:35 a.m. Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, Fraise, Gettings, Kibbie, Rehberg, Rife, Vilsack and Zieman. Members Absent: D. Black and Hedge (excused). Committee Business: Approved SSB 46 as a committee bill. Adjourned: 8:45 a.m. APPROPRIATIONS Convened: February 18, 1997, 2:06 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Lind, Lundby, Maddox, Neuhauser, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: McCoy (excused). Committee Business: Placed House File 191 on the Senate calendar without recommendation. Adjourned: 2:25 p.m. HUMAN RESOURCES Convened: February 18, 1997, 3:09 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, J. Black, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Members Absent: Dearden (excused). Committee Business: Approved SSB 69 as a committee bill; presentation by the state chief medical examiner on child death review team. Adjourned: 4:00 p.m. LOCAL GOVERNMENT Convened: February 18, 1997, 1:10 p.m. 38th Day WEDNESDAY, FEBRUARY 19, 1997 325 Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member; Angelo, D. Black, J. Black, Boettger, Connolly, Hansen, McKean, Redwine and Rehberg. Members Absent: Dearden (excused). Committee Business: Amended and approved SSB 95 as a committee bill; assigned bills to subcommittees. Adjourned: 1:30 p.m. STATE GOVERNMENT Convened: February 18, 1997, 1:05 p.m. Members Present: Lind, Chair; Rittmer, Vice Chair; Kibbie, Ranking Member; Deluhery, Fink, Gronstal, Halvorson, King, Lundby, McKibben, McLaren and Rife. Members Absent: Drake, Szymoniak (excused) and Tinsman (excused). Committee Business: Assigned bills and governor's appointees to subcommittees; recommended passage of Senate File 86. Adjourned: 1:15 p.m. TRANSPORTATION Convened: February 18, 1997, 3:05 p.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, Lind, McKean, McKibben and Rittmer. Members Absent: none. Committee Business: Amended and approved SSB 15 as a committee bill; speakers present to discuss reports from a workshop and study of safety in highway construction areas and the possibility of improving safety were from: associated general contractors, DOT, department of safety and DOT construction. Adjourned: 4:00 p.m. WAYS AND MEANS Convened: February 18, 1997, 11:45 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Borlaug, Deluhery, Drake, Judge, Maddox and Redfern. Members Absent: Palmer, Ranking Member; Connolly, Freeman, Hedge, McLaren, Szymoniak and Vilsack (all excused). 326 JOURNAL OF THE SENATE 38th Day Committee Business: Assigned bills to subcommittees. Adjourned: 12:25 p.m. APPROP. SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 18, 1997, 10:27 a.m. Members Present: Lundby, Chair; Bartz, Vice Chair; McCoy, Ranking Member; J. Black and Gettings. Members Absent: none. Committee Business: Discussed proposed appropriations for the departments of management and general services. Adjourned: 11:03 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 18, 1997, 10:30 a.m. Members Present: Rensink, Vice Chair; D. Black, Ranking Member and Behn. Members Absent: Hedge, Chair and Dearden (both excused). Committee Business: Discussed proposed appropriations bill draft. Adjourned: 11:35 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 18, 1997, 10:25 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Vilsack, Ranking Member; Fink and Zieman. Members Absent: none. Committee Business: Presentations by U of I regarding center for advanced drug development, and by UNI on the institute for decision making; follow-up on Iowa finance authority. Adjourned: 12:00 noon. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 18, 1997, 10:40 a.m. Members Present: Rittmer, Chair; Redfern, Vice Chair and Flynn, Ranking Member. 38th Day WEDNESDAY, FEBRUARY 19, 1997 327 Members Absent: Jensen and Palmer (both excused). Committee Business: Presentation by the division of criminal and juvenile justice planning, DHS. Adjourned: 11:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 18, 1997, 10:29 a.m. Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking Member, Redwine and Szymoniak. Members Absent: none. Committee Business: Discussed proposed appropriations bill draft Adjourned: 11:41 a.m. APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE & CAPITALS Convened: February 18, 1997, 10:36 a.m. Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member; Connolly and Douglas. Members Absent: none. Committee Business: Presentations by the presidents of U of I and ISU; presentation by the Iowa highway patrol on the equadine system, to update weather and road reports. Adjourned: 11:49 a.m. PRESENTATION OF VISITORS The Chair welcomed the following visitors who were present in the Senate gallery: Twelfth grade students from Charles City Community School, Charles City, accompanied by Chuck Redenius. Senator Borlaug. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: 328 JOURNAL OF THE SENATE 38th Day Nick Elliott, Epworth ( For achieving the rank of Eagle Scout. Senator Flynn (2-23- 97). Kyle Palmer, Manchester ( For achieving the rank of Eagle Scout. Senator Rehberg (2-23-97). SUBCOMMITTEE ASSIGNMENTS Senate File 133 EDUCATION: Rensink, Chair; Lind and Neuhauser Senate File 134 WAYS AND MEANS: Maddox, Chair; McKibben and Szymoniak Senate File 136 WAYS AND MEANS: Palmer, Chair; Borlaug and Douglas Senate File 146 EDUCATION: Rehberg, Chair; Angelo and Szymoniak Senate File 147 WAYS AND MEANS: Freeman, Chair; Douglas and Vilsack Senate File 148 EDUCATION: Boettger, Chair; Dvorsky and Lind SSB 147 AGRICULTURE: Rehberg, Chair; Hedge and Vilsack AMENDMENTS FILED S(3054 S. F. 58 Bill Fink S(3055 S. F. 58 Steve King S(3056 S. F. 58 Robert Dvorsky S(3057 S. F. 58 Robert Dvorsky S(3058 S. F. 58 Robert Dvorsky S(3059 S. F. 58 Mike Connolly S(3060 S. F. 58 Steve King S(3061 S. F. 58 Elaine Szymoniak S(3062 S. F. 58 Michael E. Gronstal S(3063 S. F. 58 Steve King S(3064 S. F. 58 Robert Dvorsky 38th Day WEDNESDAY, FEBRUARY 19, 1997 329 AFTERNOON SESSION The Senate reconvened at 1:03 p.m., President Kramer presiding. INTRODUCTION OF BILLS Senate File 164, by Hansen, a bill for an act relating to transporting railroad employees and equipment and making penalties applicable. Read first time and passed on file. Senate File 165, by McKean, a bill for an act relating to studies and reports of county land preservation and use commissions, and providing an effective date. Read first time and passed on file. 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 19, 1997, adopted the following resolution in which the concurrence of the Senate is asked: House Joint Resolution 10, a joint resolution proposing an amendment to the Constitution of the State of Iowa to eliminate the limitation on fines for offenses which may be summarily tried without indictment. This bill was read first time and passed on file. ALSO: that the House has on February 19, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 244, a bill for an act relating to the county debt service fund. This bill was read first time and passed on file. QUORUM CALL Senator Drake requested a non record roll call to determine that a quorum was present. 330 JOURNAL OF THE SENATE 38th Day The vote revealed 42 present, 8 absent and a quorum present. BUSINESS PENDING Senate File 58 The Senate resumed consideration of Senate File 58, a bill for an act establishing English as the common language of the state, previously deferred. Senator Dvorsky offered amendment S-3057 filed by him from the floor to page 1 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3057 be adopted?" (S.F. 58) the vote was: Ayes, 20: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Hammond Hansen Horn Judge Kibbie McCoy Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Halvorson Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Absent or not voting, 2: Hedge Rife Amendment S-3057 lost. Senator Dvorsky offered amendment S-3058 filed by him from the floor to page 1 of the bill. 38th Day WEDNESDAY, FEBRUARY 19, 1997 331 Senator Gronstal asked and received unanimous consent that action on amendment S-3058 and Senate File 58 be deferred. RECESS On motion of Senator Iverson, the Senate recessed at 2:00 p.m., until 4:00 p.m. 332 JOURNAL OF THE SENATE 38th Day APPENDIX STUDY BILLS RECEIVED SSB 148 Appropriations Relating to utilizing real estate transfer tax proceeds to fund local housing development projects. SSB 149 Appropriations Relating to the allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities services, making appropriations, and providing an effective date. SSB 150 Judiciary Relating to compensation to victims of international terrorism who are residents of Iowa and providing an effective date. SSB 151 Judiciary Relating to corporations by providing for the call of special meetings of shareholders, for the combination of a corporation and certain shareholders, and for certain merger and share acquisitions. SSB 152 Judiciary Relating to the consumer fraud law by providing limited immunity from prosecution for providing certain information, amending notice provisions, authorizing the attorney general to commence an action related to telemarketing, and authorizing the attorney general to establish and accept a civil penalty in settlement of an investigation. SSB 153 Judiciary Relating to operating motor vehicles and watercraft while intoxicated, and providing for civil liability and criminal penalties. 38th Day WEDNESDAY, FEBRUARY 19, 1997 333 SSB 154 Judiciary Relating to juvenile justice and youthful offenders, by making changes in provisions relating to illegal purchase or possession of alcohol and tobacco by juveniles and youthful offenders, providing for the taking of fingerprints and photographs of certain juveniles, making changes related to the supplying of alcohol to persons under the age of twenty-one, providing for sharing of information regarding delinquent juveniles and juveniles under the jurisdiction of various social services agencies, providing for shared jurisdiction between the adult and juvenile courts over youthful offenders, and authorizing school officials to conduct searches of students and their lockers and other spaces and to report possession or use of alcohol or controlled substances to law enforcement authorities. SSB 155 State Government Relating to the allocation of gambling receipts for horse race purses. SSB 157 Ways & Means Relating to the treatment of subchapter S corporation status of financial institutions for state individual income and franchise tax purposes and including a retroactive applicability date provision. SSB 158 Ways & Means Relating to the exemption of unassisted coin-operated motor vehicle wash, wax, and vacuum services from the state sales, services, and use taxes. SUBCOMMITTEE ASSIGNMENTS Senate File 119 TRANSPORTATION: Lind, Chair; Gettings and Jensen Senate File 145 LOCAL GOVERNMENT: J. Black, Chair; Fraise and Redwine Senate File 159 STATE GOVERNMENT: Rittmer, Chair; Deluhery and Lundby 334 JOURNAL OF THE SENATE 38th Day House Concurrent Resolution 7 STATE GOVERNMENT: Tinsman, Chair; Lundby and Szymoniak House File 4 LOCAL GOVERNMENT: Behn, Chair; Dearden and Rehberg House File 132 AGRICULTURE: Bartz, Chair; Kibbie and Rehberg House File 233 STATE GOVERNMENT: Lundby, Chair; Halvorson, McLaren, Szymoniak and Tinsman SSB 155 STATE GOVERNMENT: Rife, Chair; Fink and Lind AMENDMENTS FILED S(3065 S. F. 58 Elaine Szymoniak S(3066 S. F. 58 Michael E. Gronstal S(3067 S. F. 58 Michael E. Gronstal S(3068 S. F. 58 Michael E. Gronstal S(3069 S. F. 58 Michael E. Gronstal S(3070 S. F. 58 Steven D. Hansen Michael E. Gronstal Bill Fink Tom Vilsack Eugene Fraise Robert Dvorsky Johnie Hammond Dick L. Dearden Mary Neuhauser S(3071 S. F. 58 Tom Vilsack 38th Day WEDNESDAY, FEBRUARY 19, 1997 335 RECONVENED The Senate reconvened at 4:06 p.m., President Kramer presiding. HOUSE MESSAGE RECEIVED AND CONSIDERED 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 19, 1997, passed the following bill in which the concurrence of the Senate is asked: House File 228, a bill for an act relating to permits issued to licensed automobile tire recycling dealers to own or operate a waste tire site. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate Concurrent Resolution 5, by Szymoniak and Redfern, a concurrent resolution designating March 1997 as Iowa women's History Month. Read first time and passed on file. Senate Joint Resolution 8, by Lundby and Halvorson, a joint resolution proposing an amendment to the Constitution of the State of Iowa eliminating the office of Lieutenant Governor. Read first time and passed on file. Senate File 166, by Halvorson, a bill for an act providing for voluntary limitation of campaign expenditures and contributions for certain elective officers, providing for disclosure for candidates who do not elect to voluntarily limit campaign expenditures and contributions, and providing penalties and an effective date. Read first time and passed on file. Senate File 167, by Connolly, Rittmer, Flynn, Black of Jasper, and Lundby, a bill for an act relating to the protection of blufflands by 336 JOURNAL OF THE SENATE 38th Day creating a blufflands protection revolving fund, by empowering the soil conservation division of the department of agriculture and land stewardship to establish a blufflands protection program, by making an appropriation for the provision of loans to certain nonprofit conservation organizations, and by providing for other properly related matters. Read first time and passed on file. Senate File 168, by Connolly and Kibbie, a bill for an act relating to school attendance and safety by providing for notification to schools by peace officers of the possession of alcohol or controlled substances by juveniles, providing that certain identifying information regarding juveniles involved in delinquent acts is a public record, relating to an extension of the compulsory school attendance age, relating to immunity from assault charges for the use of force by a person to stop a fight or disturbance at a school or school function, establishing a penalty for violation of the compulsory school attendance law in certain circumstances, establishing criminal penalties for providing aid, support, or shelter to a runaway or truant, and providing for civil penalties for truancy and the loss of a driver's license for truancy. Read first time and passed on file. Senate File 169, by Connolly, a bill for an act relating to legal settlement regarding community-based providers of treatment or services. Read first time and passed on file. Senate File 170, by Connolly, a bill for an act relating to the establishment of an education technology levy, providing for an education technology purchasing pool, an education technology loan program, providing intent language relating to a mobile unit to instruct elementary and secondary teachers in education technology, and providing an effective date. Read first time and passed on file. Senate File 171, by Palmer, a bill for an act relating to the state reimbursement to local governments for lost property taxes due to the military service tax exemption and providing an applicability date provision. 38th Day WEDNESDAY, FEBRUARY 19, 1997 337 Read first time and passed on file. Senate File 172, by Szymoniak, a bill for an act relating to the consideration by the court of a pattern of domestic abuse and of the identity of the primary physical aggressor in the determination of a history of domestic abuse pertaining to the awarding of child custody. Read first time and passed on file. Senate File 173, by Dvorsky, a bill for an act relating to establishing a prevention of domestic violence special motor vehicle registration plate and establishing fees. Read first time and passed on file. Senate File 174, by Dearden, a bill for an act relating to the operation of motorboats on artificial lakes. Read first time and passed on file. Senate File 175, by Flynn, a bill for an act relating to advertising devices in certain cities. Read first time and passed on file. Senate File 176, by committee on Human Resources, a bill for an act relating to child sexual abuse reporting. Read first time and placed on calendar. BILL REFERRED TO COMMITTEE Senator Iverson asked and received unanimous consent that House File 191 be referred from the Appropriations Calendar to the committee on Natural Resources. 338 JOURNAL OF THE SENATE 38th Day APPENDIX COMMITTEE REPORT HUMAN RESOURCES Final Bill Action: SENATE FILE 176 (SSB 69), a bill for an act relating to child sexual abuse reporting. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Boettger, Redwine,; Szymoniak, Behn, J. Black, Dvorsky, Hammond, Rensink, Tinsman and Vilsack. Nays, none. Absent or not voting, 3: Bartz, Dearden and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. CERTIFICATE OF RECOGNITION The Secretary of the Senate issued the following certificate of recognition: Sister Gwen Hennessey ( For being the Peace Award recipient sponsored by The Catholic Peace Ministry. Senator Connolly (2-21-97). BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 162 Natural Resources S. F. 163 Human Resources S. F. 164 Transportation S. F. 165 Local Government S. F. 166 State Government S. F. 167 Natural Resources S. F. 168 Education S. F. 169 Human Resources S. F. 170 Education S. C. R. 5 State Government S. J. R. 8 State Govenrment H.F. 244 Local Government H. J. R. 10 Judiciary 38th Day WEDNESDAY, FEBRUARY 19, 1997 339 ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:10 p.m., until 9:00 a.m., Thursday, February 20, 1997. CORRECTION TO THE SENATE JOURNAL OF TUESDAY, FEBRUARY 18, 1997 Page 319, the Appropriations committee recommendation for House File 191 should be WITHOUT RECOMMENDATION.
| Previous Day: Tuesday, February 18 | Next Day: Thursday, February 20 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
© 1997 Cornell College and League of Women Voters of Iowa
Comments about this site or page? sjourn@legis.iowa.gov. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Feb 20 13:40:08 CST 1997
URL: /DOCS/GA/77GA/Session.1/SJournal/Day/0219.html
jhf