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Senate Journal: Tuesday, February 25, 1997

  FORTY-FOURTH CALENDAR DAY
  TWENTY-SIXTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, February 25, 1997


  The Senate met in regular session at 9:07 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend David Bauer, pastor of the
  First United Presbyterian Church, Winterset, Iowa.

  The Journal of Monday, February 24, 1997, was approved.

  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 24, 1997, passed the following bill in which the concurrence
  of the
  Senate is asked:

  House File 133, a bill for an act relating to the offering of point of
  service plan options in certain health benefit plans.

  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate Joint Resolution 9, by Halvorson, a joint resolution
  proposing an amendment to the Constitution of the State of Iowa
  relating to the qualifications of electors.

  Read first time and passed on file.

  Senate File 198, by Rife, a bill for an act prohibiting contributions
  to political campaigns by political committees and lobbyists,
  limiting
  44th Day TUESDAY, FEBRUARY 25, 1997
  371
  contributions to a candidate to those from individuals permanently
  residing in the candidate's district, and providing an effective date.

  Read first time and passed on file.

  Senate File 199, by Bartz, a bill for an act requiring third-party
  payor coverage for diagnostic screening for prostate cancer.

  Read first time and passed on file.

  Senate File 200, by Connolly, a bill for an act relating to safety
  barriers for highway construction sites.

  Read first time and passed on file.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 132

  On motion of Senator Borlaug, Senate File 132, a bill for an act
  relating to state department of transportation operations, including
  regulating hazardous materials transport, regulating motor vehicle
  dealers, eliminating requirements that the department adopt
  administrative rules in certain instances, and establishing, making
  applicable, or enhancing penalties, was taken up for consideration.

  Senator Borlaug asked and received unanimous consent that action
  on Senate File 132 be deferred.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:35 a.m.,
  until 4:00 p.m.
  372 JOURNAL OF THE SENATE 44th Day
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened: February 24, 1997, 3:29 p.m.

  Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  D.
  Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond,
  Horn,
  Jensen, Lind, Lundby, Maddox, McCoy, Neuhauser, Rensink, Rife, Rittmer,
  Tinsman
  and Vilsack.

  Members Absent: Behn and Hedge (both excused).

  Committee Business: Assigned study bills to subcommittees and approved SSB
  149
  as a committee bill.

  Adjourned: 3:50 p.m.

  EDUCATION

  Convened: February 24, 1997, 1:04 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; recommended
  confirmation
  of governor's appointee; presentation on juvenile justice and school-based
  youth
  service programs.

  Adjourned: 1:52 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: February 19, 1997, 11:30 a.m.

  Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D.
  Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Judge,
  McKibben
  and Rehberg.

  Members Absent: Hedge and Zieman (both excused).

  Committee Business: Amended and approved SSB 60 as a committee bill;
  approved
  SSB 11 as a committee bill.

  Adjourned: 12:13 p.m.
  44th Day TUESDAY, FEBRUARY 25, 1997 373
  NATURAL RESOURCES AND ENVIRONMENT

  Convened: February 24, 1997, 2:05 p.m.

  Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D.
  Black, J. Black, Borlaug, Deluhery, Dvorsky, Freeman, Hedge, Judge,
  McKibben,
  Rehberg and Zieman.

  Members Absent: Dearden (excused).

  Committee Business: Senate File 22 failed recommendation for passage;
  amended
  and approved SSB 41 as a committee bill; recommended confirmation of
  governor's
  appointee.

  Adjourned: 2:35 p.m.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

  Convened: February 24, 1997, 2:05 p.m.

  Members Present: Rittmer, Chair; Lundby, Vice Chair; Hansen, Ranking Member;
  Boettger, Douglas, Flynn, Hammond, Lind, McCoy, Palmer and Schuerer.

  Members Absent: King and Redwine (both excused).

  Committee Business: Approved SSB 73 as a committee bill and recommended
  confirmation of governor's appointee.

  Adjourned: 2:38 p.m.

  GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the En Bloc Calendar with recommendation for confirmation on
  February 24
  and 25, 1997:

  SMALL BUSINESS, ECON. DEVLPT & TOURISM

  Hugh M. Field, Iowa Seed Capital Corporation.

  STATE GOVERNMENT

  Roger A. Halvorson, Administrator of Professional Licensing and Regulation.

  Dr. LeRoy I. Strohman, Board of Dental Examiners.

  Carlton D. Peterson and Ricard R. Porter, Board of Mortuary Science
  Examiners.

  Camille V. Scully, Commission on the Status of African-Americans.

  Kimberly K. Reynolds, Investment Board of the IPERS.
  374 JOURNAL OF THE SENATE 44th Day
  STUDY BILLS RECEIVED

  SSB 47.1 State Government

  Relating to the practice of veterinary medicine and providing a
  penalty.

  SSB 172 Commerce

  Relating to transfers of real property by providing that certain
  disclosures regarding psychologically impacted property are not
  required and by amending the definition of transfer.

  SSB 173 State Government

  Relating to the state income tax checkoff for domestic abuse and
  sexual assault services and providing retroactive applicability dates.

  SSB 174 Agriculture

  Relating to cooperative associations by providing for operations and
  procedures of the associations.

  SSB 175 Agriculture

  Relating to cooperative corporations, by providing for the transfer
  of stock, the allocation of patronage dividends upon termination of
  membership, and dissolution.

  SSB 176 Business & Labor

  Relating to subject matter under the regulatory authority of the
  labor commissioner, including the construction contractors law, and
  making nonsubstantive Code corrections relating to the child labor
  law.

  SSB 177 Business & Labor

  Relating to the Iowa wage payment collection law.
  44th Day TUESDAY, FEBRUARY 25, 1997 375
  SSB 178 Business & Labor

  Relating to the department of workforce development concerning
  the offsetting of unemployment compensation benefits, departmental
  liability for the release of unemployment compensation records, the
  voluntary shared work program, and workforce development services
  employees, and providing for an effective date.

  SSB 179 State Government

  Relating to the provision of water service and the compensation of a
  water district for facilities within the annexed territory of a city.

  SSB 180 State Government

  Establishing an age ceiling for hiring fire fighters and peace
  officers.

  SSB 181 State Government

  Relating to licensure and certification of certain real estate-related
  occupations, by providing for appraiser certification, discipline of
  brokers and salespersons, and related matters, and making a penalty
  applicable.

  SSB 182 Local Government

  Relating to the financial and regulatory procedures of counties,
  cities, and  drainage districts, by amending the powers and duties of
  county treasurers.

  SSB 183 Local Government

  Relating to the annexation of territory by a city.

  SSB 184 Local Government

  Relating to the fee charged by the county auditor for transfers of
  property made in the transfer records.
  376 JOURNAL OF THE SENATE 44th Day
  SSB 185 Local Government

  Relating to exemptions from property taxation for improvements to
  residential property located in an urban revitalization area, and
  providing an applicability date.

  SSB 186 Human Resources

  Relating to the prohibited sale of home testing kits for the human
  immunodeficiency virus.

  SSB 187 Appropriations

  Relating to and making appropriations to the state department of
  transportation, including allocation and use of moneys from the
  general fund of the state, road use tax fund, and primary road fund,
  and establishing a toll-free road and weather reporting system.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 149

  TRANSPORTATION: Jensen, Chair; Drake and Halvorson

  Senate File 164

  TRANSPORTATION: Drake, Chair; Borlaug and Connolly

  Senate File 167

  NATURAL RESOURCES & ENVIRONMENT: Hedge, Chair; D. Black, Dearden,
  Rehberg and Zieman

  Senate File 169

  HUMAN RESOURCES: Boettger, Chair; Bartz and Dearden

  Senate File 173

  TRANSPORTATION: McKibben, Chair; Gettings and McKean

  Senate File 174

  NATURAL RESOURCES & ENVIRONMENT: Dearden, Chair; Angelo and Freeman
  44th Day TUESDAY, FEBRUARY 25, 1997 377
  Senate File 175

  TRANSPORTATION: McCoy, Chair; Freeman and Rittmer

  Senate File 192

  STATE GOVERNMENT: Kibbie, Chair; Drake and Rittmer

  Senate File 193

  LOCAL GOVERNMENT: J. Black, Chair; Behn and Dearden

  House File 191

  NATURAL RESOURCES & ENVIRONMENT: Angelo, Chair; Fink and Rehberg

  House File 255

  LOCAL GOVERNMENT: J. Black, Chair; Angelo and Connolly

  SSB 47.1

  STATE GOVERNMENT: McLaren, Chair; Deluhery, Drake, Fink and Rife

  SSB 98

  NATURAL RESOURCES & ENVIRONMENT: Rehberg, Chair; Angelo and Deluhery

  SSB 170

  COMMERCE: Schuerer, Chair; Deluhery and Jensen

  SSB 171

  HUMAN RESOURCES: Redwine, Chair; Boettger and Dvorsky

  SSB 172

  COMMERCE: Bartz, Chair; Palmer and Schuerer

  SSB 173

  STATE GOVERNMENT: Tinsman, Chair; Lundby and Szymoniak

  SSB 174

  AGRICULTURE: Angelo, Chair; Behn and Fraise

  SSB 175

  AGRICULTURE: Hedge, Chair; Kibbie and Zieman
  378 JOURNAL OF THE SENATE 44th Day
  SSB 176

  BUSINESS AND LABOR: Jensen, Chair; Horn and King

  SSB 177

  BUSINESS AND LABOR: King, Chair; Dearden and Zieman

  SSB 178

  BUSINESS AND LABOR: Freeman, Chair; Gettings and Schuerer

  SSB 179

  STATE GOVERNMENT: Lind, Chair; McLaren and Szymoniak

  SSB 180

  STATE GOVERNMENT: Rittmer, Chair; Fink and King

  SSB 181

  STATE GOVERNMENT: Drake, Chair; Kibbie and Rittmer

  SSB 182

  LOCAL GOVERNMENT: McKean, Chair; Dearden and Rehberg

  SSB 183

  LOCAL GOVERNMENT: J. Black, Chair; Boettger and Fraise

  SSB 184

  LOCAL GOVERNMENT: Behn, Chair; J. Black and Hansen

  SSB 185

  LOCAL GOVERNMENT: Redwine, Chair; Angelo and D. Black

  SSB 186

  HUMAN RESOURCES: Hammond, Chair; J. Black and Boettger

  AMENDMENT FILED

  S(3079 S. F.  132 Allen Borlaug

  COMMITTEE REPORTS

  APPROPRIATIONS
  44th Day TUESDAY, FEBRUARY 25, 1997 379
  Final Bill Action: SENATE FILE 204 (SSB 149), 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.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote Ayes, 21: McLaren, Kramer, Flynn, Behn, D. Black, Borlaug,
  Douglas,
  Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Horn, Jensen, Lind, Maddox,
  McCoy, Neuhauser, Rensink, Rife, Rittmer and Tinsman. Nays, 2: Lundby and
  Vilsack. Absent or not voting, 2: Behn and Hedge.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  SMALL BUSINESS, ECONOMIC DEVELOPMENT & TOURISM

  Final Bill Action: SENATE FILE 205 (SSB 73), a bill for an act relating to
  continued
  eligibility under the new jobs and income program concerning the ownership
  of land
  by nonresident aliens and certain capital investment and job creation
  provisions.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 10: Rittmer, Lundby, Hansen, Boettger, Douglas, Flynn,
  Lind,
  McCoy, Palmer and Schuerer. Nays, 1: Hammond. Absent or not voting, 2: King
  and
  Redwine.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 83, a bill for an act relating to property
  taxation of
  property given to the state or a political subdivision upon which a life
  estate is
  retained.

  Recommendation: DO PASS.

  Final Vote: Ayes, 13: Douglas, McKibben, Palmer, Borlaug, Drake, Freeman,
  Hedge,
  Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Nays, 2: Connolly
  and
  Deluhery.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  380 JOURNAL OF THE SENATE 44th Day
  AFTERNOON SESSION

  The Senate reconvened at 4:31 p.m., President Kramer presiding.

  INTRODUCTION OF BILLS

  Senate File 201, by Kibbie, a bill for an act setting limits for
  contributions by political committees to certain political campaigns
  and making penalties applicable.

  Read first time and passed on file.

  Senate File 202, by Flynn, a bill for an act relating to election of
  mayors in certain cities and providing an immediate effective date.

  Read first time and passed on file.

  Senate File 203, by Douglas, a bill for an act providing for
  research regarding the production and marketing of industrial hemp.

  Read first time and passed on file.

  Senate File 204, by committee on Appropriations, 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.

  Read first time and placed on calendar.

  Senate File 205, by committee on Small Business, Economic
  Development and Tourism, a bill for an act relating to continued
  eligibility under the new jobs and income program concerning the
  ownership of land by nonresident aliens and certain capital
  investment and job creation provisions.

  Read first time and placed on calendar.

  Senate File 206, by Hansen and Black of Jasper, a bill for an act
  relating to the brucellosis and tuberculosis eradication fund by
  eliminating county tax levies as a source of support, providing for
  administration of the fund, and providing for state support.
  44th Day TUESDAY, FEBRUARY 25, 1997 381
  Read first time and passed on file.

  Senate File 207, by Lind, a bill for an act to prohibit sexual
  exploitation by law enforcement officers and providing a penalty.

  Read first time and passed on file.

  Senate File 208, by Gronstal, a bill for an act relating to the
  election of directors of local school districts, area education agencies,
  and merged areas, and providing an effective date and transition
  provisions.

  Read first time and passed on file.

  Senate File 209, by Black of Kossuth, a bill for an act relating to
  animal feeding operations, by providing authority to counties and
  providing for nuisance suit protection.

  Read first time and passed on file.

  Senate File 210, by Bartz, a bill for an act relating to the
  determination of legal settlement of a child placed in a juvenile
  shelter care home and the recovery of costs of care in a juvenile
  shelter care home.

  Read first time and passed on file.

  Senate File 211, by Lundby and Gronstal, a bill for an act relating
  to licensing and certification of certain occupations relating to real
  estate, by providing for appraiser certification, discipline of brokers
  and salespersons, and related matters, and making a penalty
  applicable.

  Read first time and passed on file.

  Senate File 212, by Rittmer and Redwine, a bill for an act relating
  to the offense of driving a motor vehicle when a license has been
  revoked or denied for driving while intoxicated, requiring financial
  liability coverage for motor vehicles in this state, providing for the
  seizure of motor vehicle registration plates, and providing penalties
  and conditional effective dates.

  Read first time and passed on file.
  382 JOURNAL OF THE SENATE 44th Day
  APPENDIX

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  196 Judiciary
  S. F.  197 Judiciary
  S. F.  198 State Government
  S. F.  199 Human Resources
  S. F.  200 Transportation
  S. F.  201 State Government
  S. F.  202 Local Government
  S. F.  203 Agriculture
  S. F.  206 Agriculture
  S. F.  207 Judiciary
  S. F.  208 Education
  S. F.  209 Agriculture
  S. F.  210 Human Resources
  S. J. R. 9 State Government
  H. F.  133 Commerce

  COMMITTEE REPORTS

  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 59, a bill for an act relating to the
  disposition of
  emergency medical care provider certification fees.

  Recommendation: DO PASS.

  Final Vote: Ayes, 14: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McLaren, Rife, Szymoniak and Tinsman. Nays, none.
  Absent or not voting, 1: McKibben.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE CONCURRENT RESOLUTION 7, a resolution
  recognizing the women who served Iowa as state legislators through Iowa's
  sesquicentennial year, 1996, and celebrating 100 years of women elected to
  state
  legislatures.

  Recommendation: DO PASS.
  44th Day TUESDAY, FEBRUARY 25, 1997 383
  Final Vote: Ayes, 14: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McLaren, Rife, Szymoniak and Tinsman. Nays, none.
  Absent or not voting, 1: McKibben.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: 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.

  Recommendation: DO PASS.

  Final Vote: Ayes, 14: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McLaren, Rife, Szymoniak and Tinsman. Nays, none.
  Absent or not voting, 1: McKibben.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  AMENDMENTS FILED

  S(3080 S. F.  132 Jim Lind
  S(3081 S. F.  177 Richard F. Drake
  S(3082 H. F.  255 Tom Vilsack
  S(3083 H. F.  255 Tom Vilsack
  Steven Hansen
  Patty Judge
  Rod Halvorson
  John Kibbie
  Don Gettings
  Eugene Fraise
  Dick Dearden

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 4:34 p.m.,
  until 9:00 a.m., Wednesday, February 26, 1997.

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