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FORTY-THIRD CALENDAR DAY TWENTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 24, 1997 The Senate met in regular session at 10:15 a.m., President Kramer presiding. Prayer was offered by the Honorable William Fink, member of the Senate from Warren County, Carlisle, Iowa. The Journal of Thursday, February 20, 1997, was approved. 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 20, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 250, a bill for an act establishing a program in the department of natural resources to provide major maintenance and infrastructure improvements to existing state parks and other public facilities and making appropriations. This bill was read first time and passed on file. House File 255, a bill for an act relating to the allowed growth factor adjustment for county mental health, mental retardation, and developmental disabilities services, making appropriations, and providing an effective date. This bill was read first time and passed on file. INTRODUCTION OF BILL Senate File 192, by Kibbie, a bill for an act relating to the prospective rescission of administrative rules by the administrative rules review committee. 43rd Day MONDAY, FEBRUARY 24, 1997 357 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 40 present, 10 absent and a quorum present. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator Deluhery until he arrives on request of Senator Gronstal; Senator McKibben until he arrives on request of Senator Angelo; Senators McKean, McLaren, Rife, Tinsman and Hedge until they arrive, and Senator King for the day on request of Senator Iverson. CONSIDERATION OF BILLS (Regular Calendar) Senate File 160 On motion of Senator Maddox, Senate File 160, a bill for an act relating to funds held by life insurance companies and providing an effective date, was taken up for consideration. Senator Connolly asked and received unanimous consent that action on Senate File 160 be deferred. Senate File 123 On motion of Senator Maddox, Senate File 123, 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, was taken up for consideration. Senator Maddox offered amendment S-3074 filed by him from the floor to page 2 of the bill and moved its adoption. Amendment S-3074 was adopted by a voice vote. 358 JOURNAL OF THE SENATE 43rd Day Senator Maddox 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. 123) the vote was: Ayes, 46: 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 Kramer Lind Lundby Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, none. Absent or not voting, 4: Hedge King McKibben Tinsman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 160 The Senate resumed consideration of Senate File 160, a bill for an act relating to funds held by life insurance companies and providing an effective date, previously deferred. Senator Maddox 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. 160) the vote was: 43rd Day MONDAY, FEBRUARY 24, 1997 359 Ayes, 46: 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 Kramer Lind Lundby Maddox McCoy McKean McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Vilsack Zieman Nays, none. Absent or not voting, 4: Hedge King McKibben Tinsman 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 123 and 160 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 11:15 a.m., until 3:00 p.m. 360 JOURNAL OF THE SENATE 43rd Day APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 20, 1997, 10:10 a.m. Members Present: Rensink, Vice Chair; D. Black, Ranking Member; Behn and Dearden. Members Absent: Hedge, Chair (excused). Committee Business: Presentation by CAIP representatives; discussed final proposed appropriations bill. Adjourned: 11:25 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 20, 1997, 10:07 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Vilsack, Ranking Member; Fink and Zieman. Members Absent: none. Committee Business: Budgeting for results; presentation from Iowa manufacturing technology center history and focus of center; agricultural based industrial lubricants research and development presentation. Adjourned: 11:45 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 20, 1997, 10:10 a.m. Members Present: Rittmer, Chair. Members Absent: Redfern, Vice Chair;; Flynn, Ranking Member; Jensen and Palmer. Committee Business: Approved committee minutes and adjourned to sub- subcommittee meetings. Adjourned: 10:15 a.m. JUDICIARY Convened: February 20, 1997, 2:05 p.m. 43rd Day MONDAY, FEBRUARY 24, 1997 361 Members Present: McKean, Chair; Maddox, Vice Chair; Angelo, Boettger, Fraise, Halvorson, Hammond, McKibben, Redfern, Hansen, King, and Vilsack. Members Absent: Neuhauser, Ranking Member; Drake, Hansen, King and Tinsman (all excused). Committee Business: Assigned bills to subcommittees. Adjourned: 2:10 p.m. PETITIONS The following petitions favoring legislation supporting the funding of public libraries were presented and placed on file by: Senator Douglas from 80 residents of Adair County. Senator Jensen from 49 residents of Grundy County. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Elmer and Jean Hahn, Solon ( For celebrating your 50th wedding anniversary. Senator Dvorsky (2-13-97). W. John and Magdalen Kasper, Iowa City ( For celebrating your 50th wedding anniversary. Senator Dvorsky (2-12-97). Anne Pitcher, Coralville ( For completion of the Gold Award. Senator Dvorsky (1-31- 97). SUBCOMMITTEE ASSIGNMENTS Senate Resolution 5 STATE GOVERNMENT: Rife, Chair; Deluhery and King Senate File 59 (Reassigned) STATE GOVERNMENT: Tinsman, Chair; Kibbie and Lind Senate File 142 HUMAN RESOURCES: Schuerer, Chair; Bartz and Szymoniak Senate File 150 EDUCATION: Lind, Chair; Neuhauser and Rehberg 362 JOURNAL OF THE SENATE 43rd Day Senate File 154 EDUCATION: Angelo, Chair; Boettger and Kibbie Senate File 168 EDUCATION: Boettger, Chair; Kibbie and Tinsman Senate File 170 EDUCATION: Rehberg, Chair; J. Black and Fink Senate File 171 WAYS AND MEANS: Douglas, Chair; McKibben and Palmer Senate File 179 LOCAL GOVERNMENT: J. Black, Chair; Behn and Hansen Senate File 180 STATE GOVERNMENT: McKibben, Chair; Lundby and Szymoniak Senate File 182 LOCAL GOVERNMENT: Behn, Chair; J. Black and Dearden Senate File 185 STATE GOVERNMENT: Lundby, Chair; Halvorson and McLaren House File 92 EDUCATION: Rehberg, Chair; Angelo and Connolly AMENDMENTS FILED S(3073 S. F. 95 John P. Kibbie James Black Merlin E. Bartz Dennis H. Black S(3074 S. F. 123 O. Gene Maddox S(3075 S. F. 189 Mary Neuhauser S(3076 S. F. 189 John P. Kibbie Mike Connolly S(3077 S. F. 184 Mike Connolly 43rd Day MONDAY, FEBRUARY 24, 1997 363 AFTERNOON SESSION The Senate reconvened at 3:05 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 39 present, 11 absent and a quorum present. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Dearden for the remainder of the day on request of Senator Gronstal. CONSIDERATION OF BILL (Regular Calendar) Senate File 95 On motion of Senator Black of Kossuth, Senate File 95, a bill for an act relating to water and ice vessel accident reports filed with the natural resource commission of the department of natural resources and providing for an effective date and the Act's applicability, was taken up for consideration. Senator Kibbie offered amendment S-3073 filed by Senators Kibbie, et al., from the floor to page 1 of the bill and moved its adoption. Amendment S-3073 was adopted by a voice vote. Senator Black of Kossuth 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. 95) the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 364 JOURNAL OF THE SENATE 43rd Day Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie 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, 2: Dearden King 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 95 be immediately messaged to the House. INTRODUCTION OF BILLS Senate File 193, by Schuerer, a bill for an act relating to the election of trustees for special land use districts. Read first time and passed on file. Senate File 194, by Borlaug, Fink, Maddox, McCoy, Deluhery, McKean, and Drake, a bill for an act relating to the exemption of unassisted coin-operated motor vehicle wash, wax, and vacuum services from the state sales, services, and use taxes. Read first time and passed on file. Senate File 195, by Schuerer, Rehberg, Angelo, Behn, Black of Kossuth, McKibben, Redwine, and King, a bill for an act reducing the state individual income tax rates by fifteen percent and including a retroactive applicability date provision. Read first time and passed on file. 43rd Day MONDAY, FEBRUARY 24, 1997 365 BILL SPONSOR SUBSTITUTION (Senate File 191) Senator Redfern asked and received unanimous consent that Senator Flynn's name appear as a sponsor of Senate File 191 as was originally intended. Senate File 191 incorrectly listed Redfern as a sponsor due to a typographical error. 366 JOURNAL OF THE SENATE 43rd Day APPENDIX EXPLANATION OF VOTES MADAM PRESIDENT: I was necessarily absent from the Senate chamber on February 24, 1997, when the vote was taken on Senate Files 123 and 160. Had I been present, I would have voted "aye" on the bills. MAGGIE TINSMAN STUDY BILLS RECEIVED SSB 64.1 Ways & Means Relating to the use tax on motor vehicle leasing. SSB 163 Education Relating to the activities of the department of education, vocational education, community colleges, special educational programs provided by area education agencies, dual enrollment, payment of claims for nonpublic school pupil transportation, the school budget review committee, the enrollment of certain students, and annual audits of school districts. SSB 164 Human Resources Relating to child custody, support, and visitation, and providing penalties. SSB 165 Human Resources Relating to health care facility inspections and directing the department of inspections and appeals to develop and implement a risk-based inspections system for health care facilities licensed only by the state. SSB 166 Human Resources Concerning civil rights by modifying the elderly housing exemption to the housing discrimination law and by providing for the enforcement of civil rights commission orders. 43rd Day MONDAY, FEBRUARY 24, 1997 367 SSB 167 Human Resources Relating to the provision of medical services administered by the department of human services and providing a disqualification for certain services. SSB 168 Ways & Means Relating to the markup of the wholesale price for alcoholic liquor. SSB 169 Human Resources Relating to child abuse provisions involving assessments performed by the department of human services in response to reports of child abuse and providing effective dates. SSB 170 Commerce Relating to security interests in farm products, providing for penalties and providing an effective date. SSB 171 Human Resources Relating to the Iowa pharmacy practice Act by permitting qualified individuals to transport emergency medications; permitting more than one emergency drug box in a licensed health care facility; providing for electronic signatures on prescriptions; requiring the purpose of the drug on prescription drug orders; establishing programs to aid impaired pharmacists, pharmacist interns, and pharmacy technicians; providing for board investigative subpoena power; and establishing a penalty. SUBCOMMITTEE ASSIGNMENTS SSB 64.1 WAYS AND MEANS: Drake, Chair; Douglas and Vilsack SSB 163 EDUCATION: Redfern, Chair; Connolly and Rehberg 368 JOURNAL OF THE SENATE 43rd Day SSB 164 HUMAN RESOURCES: Bartz, Chair; J. Black and Vilsack SSB 165 HUMAN RESOURCES: Hammond, Chair; J. Black and Tinsman SSB 166 HUMAN RESOURCES: Schuerer, Chair; Bartz and Dearden SSB 167 HUMAN RESOURCES: Schuerer, Chair; Behn and Dearden SSB 169 HUMAN RESOURCES: Szymoniak, Chair; Boettger and Tinsman NOTICE OF HEARING Mr. Kim D. Schmett, appointed by the governor as Director of the Department of Inspections and Appeals, will appear before the Senate State Government investigating committee on February 27, 1997, at 12:00 noon, Room 24, State Capitol Building. ELAINE SZYMONIAK, Chair SENATE INVESTIGATING COMMITTEE BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 191 Appropriations S. F. 192 State Government S. F. 193 Local Government S. F. 194 Ways and Means S. F. 195 Ways and Means H. F. 250 Natural Resources H. F. 255 Local Government AMENDMENT FILED S(3078 S. F. 132 Mary Lundby 43rd Day MONDAY, FEBRUARY 24, 1997 369 INTRODUCTION OF BILLS Senate File 196, by Maddox, a bill for an act to permit a victim of a crime committed by a juvenile to present an oral impact statement in juvenile delinquency proceedings. Read first time under Rule 28 and passed on file. Senate File 197, by Maddox, a bill for an act setting the interest rate on judgments and decrees. Read first time under Rule 28 and passed on file. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 3:22 p.m., until 9:00 a.m., Tuesday, February 25, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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