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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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