Senate Journal: Wednesday, February 26, 1997

  FORTY-FIFTH CALENDAR DAY
  TWENTY-SEVENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, February 26, 1997


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

  Prayer was offered by the Reverend Roger Todd, pastor of the First
  Presbyterian Church, Guthrie Center, Iowa.

  The Journal of Tuesday, February 25, 1997, was approved.

  INTRODUCTION OF BILLS

  Senate File 213, by Lind, a bill for an act prohibiting payment of
  driver education charges by the department of human services and
  eliminating a requirement that public school districts offer or make
  available an approved driver education course.

  Read first time and passed on file.

  Senate File 214, by committee on Natural Resources and
  Environment, a bill for an act relating to the regulation of the use and
  disposal of sewage sludge and providing a penalty.

  Read first time and placed on calendar.

  Senate File 215, by Freeman, a bill for an act relating to the
  issuance of a family hunting license, imposing a family hunting
  license fee, providing for other properly related matters, and
  subjecting violators to an existing penalty.

  Read first time and passed on file.

  Senate File 216, by Gronstal, a bill for an act relating to the
  disclosure of certain Iowa corporate income tax information by
  the
  45th Day WEDNESDAY, FEBRUARY 26, 1997
  385
  department of revenue and finance in an annual report to the
  governor and general assembly.

  Read first time and passed on file.

  Senate File 217, by Gronstal, a bill for an act relating to the time
  of the distribution of local option taxes to cities and counties and
  providing an effective date.

  Read first time and passed on file.

  COMMITTEE REPORT

  LOCAL GOVERNMENT

  Final Bill Action: 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.

  Recommendation: DO PASS.

  Final Vote: Ayes, 12: Zieman, Behn, Fraise, Angelo, J. Black, Boettger,
  Connolly,
  Dearden, Hansen, McKean, Redwine and Rehberg. Nays, none. Absent or not
  voting,
  1: D. Black.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that House
  File 255 be referred from the Regular Calendar to the committee on
  Appropriations.

  The Senate stood at ease at 9:22 a.m. until the fall of the gavel for
  the purpose of a committee meeting.

  The Senate resumed session at 9:35 a.m., President Kramer
  presiding.

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action: 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.
  386 JOURNAL OF THE SENATE 45th Day
  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, McCoy, Neuhauser, Rife, Rittmer, Tinsman and Vilsack. Nays,
  none.
  Absent or not voting, 1:Rensink.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration House File 255.

  House File 255

  On motion of Senator Rittmer, 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, with report of
  committee on Local Government recommending passage on February
  25, 1997, and report of the committee on Appropriations
  recommending passage on February 26, 1997, was taken up for
  consideration.

  Senator Iverson asked and received unanimous consent that action
  on House File 255 be deferred.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:47 a.m.,
  until 4:30 p.m.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 387
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened: February 25, 1997, 10:20 a.m.

  Members Present: Hedge, Chair; Rensink, Vice Chair; D. Black, Ranking
  Member;
  Behn and Dearden.

  Members Absent: none.

  Committee Business: Subcommittee approved and submitted proposed
  appropriations bill LSB 1761 to the full Appropriations Committee.

  Adjourned: 11:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: February 25, 1997, 9:50 a.m.

  Members Present: Borlaug, Chair; Schuerer, Vice Chair; Fink and Zieman.

  Members Absent: Vilsack, Ranking Member (excused).

  Committee Business: IFA follow-up; presentations by IPRT and SBDC.

  Adjourned: 11:45 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened: February 25, 1997, 10:02 a.m.

  Members Present: Tinsman, Chair; Boettger, Vice Chair and Redwine.

  Members Absent: Hammond, Ranking Member and Szymoniak.

  Committee Business: Discussed proposed appropriations bill.

  Adjourned: 11:49 a.m.

  AGRICULTURE

  Convened: February 25, 1997, 8:05 a.m.

  Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking
  Member;
  Angelo, Bartz, Behn, D. Black, Fraise, Hedge, Kibbie, Rehberg, Rife, Vilsack
  and
  Zieman.

  Members Absent: Gettings.
  388 JOURNAL OF THE SENATE 45th Day
  Committee Business: Approved SSB 145 as a committee bill; amended and
  deferred
  action on SSB 137.

  Adjourned: 8:35 a.m.

  HUMAN RESOURCES

  Convened: February 25, 1997, 3:09 p.m.

  Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking
  Member; Bartz, Behn, J. Black, Dearden, Hammond, Rensink, Schuerer, Tinsman
  and
  Vilsack.

  Members Absent: Dvorsky (excused).

  Committee Business: Amended and approved SSBs 127 and 169 as committee
  bills.

  Adjourned: 4:05 p.m.

  LOCAL GOVERNMENT

  Convened: February 25, 1997, 1:05 p.m.

  Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean,
  Redwine
  and Rehberg.

  Members Absent: none.

  Committee Business: Approved SSBs 136 and 80 as committee bills; assigned
  bills
  to subcommittees.

  Recessed: 2:00 p.m.

  Reconvened: February 25, 1997, 4:15 p.m.

  Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, J. Black, Boettger, Connolly, Dearden, Hansen, McKean, Redwine and
  Rehberg.

  Members Absent: D. Black.

  Committee Business: Recommended passage of Senate File 145 and House File
  255.

  Adjourned: 4:25 p.m.

  STATE GOVERNMENT

  Convened: February 25, 1997, 1:07 p.m.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 389
  Members Present: Lind, Chair; Rittmer, Vice Chair; Kibbie, Ranking Member;
  Deluhery, Drake, Fink, Gronstal, Halvorson, King, Lundby, McLaren, Rife,
  Szymoniak
  and Tinsman.

  Members Absent: McKibben.

  Committee Business: Recommended confirmation of governor's appointees;
  recommended House File 8 as amended; amended and approved SSB 101 and Senate
  File 159 as committee bills; recommended passage of Senate 59, House
  Concurrent
  Resolution 7 and House File 233.

  Adjourned: 2:05 p.m.

  TRANSPORTATION

  Convened: February 25, 1997, 3:03 p.m.

  Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member;
  Connolly, Fraise, Freeman, Gettings, Halvorson, Jensen, Lind and Rittmer.

  Members Absent: McKean and McKibben (both excused).

  Committee Business: Approved SSB 134 as a committee bill and assigned bills
  to
  subcommittees.

  Adjourned: 3:08 p.m.

  WAYS AND MEANS

  Convened: February 25, 1997, 11:48 a.m.

  Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking
  Member;
  Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren,
  Redfern, Szymoniak and Vilsack.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; approved SSB 64.1 as a
  committee bill; recommended passage of Senate File 83, and recommended
  passage of
  Senate File 136 as amended.

  Adjourned: 12:21 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, 1997:

  EDUCATION

  Kay E. Wagner, State Board of Education.
  390 JOURNAL OF THE SENATE 45th Day
  NATURAL RESOURCES

  Rita A. Venner, Environmental Protection Commission.

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action: SENATE FILE 219 (SSB 137), a bill for an act relating to
  trespassing or estray livestock and providing remedies and an effective
  date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Rensink, J. Black, Judge, Bartz, Behn, D. Black,
  Fraise,
  Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Nays, none. Absent or not
  voting,
  2: Angelo and Vilsack.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 221 (SSB 145), a bill for an act providing
  for the
  termination of farm tenancies.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D.
  Black, Fraise,
  Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none. Absent or not
  voting,
  1: Gettings.

  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
  221 and they were attached to the committee report.

  ALSO:

  Final Bill Action: *SENATE FILE 231 (SSB 133), a bill for an act restricting
  the use
  of spray irrigation equipment on land draining into agricultural drainage
  wells.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Rensink, J. Black, Judge, Bartz, Behn, D. Black,
  Fraise,
  Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Nays, none. Absent or not
  voting,
  2: Angelo and Vilsack.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 391
  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Agriculture Committee on Senate
  File
  231 and they were attached to the committee report.

  HUMAN RESOURCES

  Final Bill Action: *SENATE FILE 230 (SSB 169), a bill for an act 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.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 11: Boettger, Redwine,; Szymoniak, Bartz, Behn, Dearden,
  Hammond, Rensink, Schuerer, Tinsman and Vilsack. Nays, none. Absent or not
  voting, 2: J. Black and Dvorsky.

  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 Human Resources Committee on
  Senate File 230 and they were attached to the committee report.

  LOCAL GOVERNMENT

  Final Bill Action: SENATE FILE 145, a bill for an act relating to the county
  mental
  health, mental retardation, and developmental disabilities services fund
  levy by
  providing a procedure for a county to make revisions affecting the services
  fund levy
  and other levies, and providing an effective date.

  Recommendation: DO PASS.

  Final Vote: Ayes, 12: Zieman, Behn, Fraise, Angelo, J. Black, Boettger,
  Connolly,
  Dearden, Hansen, McKean, Redwine and Rehberg. Nays, none. Absent or not
  voting,
  1: D. Black.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 228 (SSB 80), a bill for an act relating to
  the
  compensation of the sheriff and compensation commissioners in eminent domain
  proceedings.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 7: Zieman, Behn, Fraise, Angelo, J. Black, Boettger and
  Dearden.
  Nays, 6: D. Black; Connolly, Hansen, McKean, Redwine and Rehberg.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  392 JOURNAL OF THE SENATE 45th Day
  ALSO:

  Final Bill Action: *SENATE FILE 232 (SSB 136), a bill for an act relating to
  notarial
  acts and the issuance of marriage licenses by county registrars.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, D. Black, J. Black,
  Boettger,
  Connolly, Dearden, Hansen, McKean, Redwine and Rehberg. Nays, none.

  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 Local Government Committee on
  Senate File 232 and they were attached to the committee report.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action: SENATE FILE 214 (SSB 41), a bill for an act relating to
  the
  regulation of the use and disposal of sewage sludge and providing a penalty.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 14: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug,
  Dearden,
  Dvorsky, Freeman, Hedge, Judge, McKibben, Rehberg and Zieman. Nays, none.
  Absent or not voting, 1: Deluhery.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  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, 14: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug,
  Dearden,
  Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben and Rehberg. Nays, none.
  Absent or not voting, 1: Zieman.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 225 (formerly Senate File 159), a bill for an
  act
  concerning assistive devices by providing for express warranties,
  replacement of
  devices, and providing consumer remedies.

  Recommendation: APPROVED COMMITTEE BILL.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 393
  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: *SENATE FILE 233 (SSB 101), a bill for an act concerning
  eligible
  alternative retirement benefit systems for newly employed community college
  employees, and providing an applicability date.

  Recommendation: APPROVED COMMITTEE BILL.

  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.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the State Government Committee on
  Senate File 233 and they were attached to the committee report.

  TRANSPORTATION

  Final Bill Action: SENATE FILE 229 (SSB 134), a bill for an act relating to
  the
  issuance of motor vehicle licenses for certain law enforcement officers and
  providing
  penalties.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Fraise, Freeman,
  Gettings,
  Halvorson, Jensen, Lind, McKean, McKibben and Rittmer. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 136, a bill for an act relating to the
  taxation of real
  property used in the operation of a racetrack or racetrack enclosure.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3087.

  Final Vote: Ayes, 15: Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.
  Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  394 JOURNAL OF THE SENATE 45th Day
  ALSO:

  Final Bill Action: SENATE FILE 222 (SSB 64.1), a bill for an act relating to
  the use
  tax on motor vehicle leasing.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 14: Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.
  Nays, none. Absent or not voting, 1: Vilsack.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  STUDY BILLS RECEIVED

  SSB 188 Natural Resources & Environment

  Relating to the cleanup and reuse of contaminated property,
  environmental remediation standards and review procedures,
  participation in the remediation of contaminated property, liability
  for the voluntary cleanup of contaminated property, liability
  protections, and establishing a land recycling fund.

  SSB 189 Commerce

  Relating to the operation and regulation of certain insurance
  companies and mutual associations, and the regulatory authority of
  the insurance division of the department of commerce.

  SSB 190 Education

  Increasing the amount of the tuition and textbook tax credit and
  providing an applicability date provision.

  SSB 191 Education

  Relating to school attendance under the family investment program
  and providing an effective date.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 395
  SSB 192 State Government

  Relating to the certification of plumbers and heat, ventilation, and
  air conditioning professionals, and establishing fees and penalties,
  and providing for the use of such fees.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 162

  NATURAL RESOURCES AND ENVIRONMENT: Hedge, Chair; Angelo and Judge

  Senate File 194

  WAYS AND MEANS: Borlaug, Chair; Hedge and Palmer

  Senate File 195

  WAYS AND MEANS: Drake, Chair; Deluhery and McLaren

  Senate File 199

  HUMAN RESOURCES: Bartz, Chair; Boettger and Dvorsky

  Senate File 200

  TRANSPORTATION: Drake, Chair; Gettings and Jensen

  Senate File 202

  LOCAL GOVERNMENT: Redwine, Chair; Angelo and Hansen

  Senate File 203

  AGRICULTURE: Behn, Chair; D. Black and Hedge

  Senate File 206

  AGRICULTURE: Rensink, Chair; Gettings and Zieman

  Senate File 209

  AGRICULTURE: Rensink, Chair; J. Black and Kibbie

  House File 228

  NATURAL RESOURCES AND ENVIRONMENT: J. Black, Chair; Dvorsky and
  McKibben

  SSB 187

  APPROPRIATIONS: Freeman, Chair; Douglas, Flynn, Halvorson and Rittmer
  396 JOURNAL OF THE SENATE 45th Day
  SSB 188

  NATURAL RESOURCES AND ENVIRONMENT: Borlaug, Chair; Judge and
  McKibben

  SSB 189

  COMMERCE: Gronstal, Chair; Deluhery, Jensen, Redfern and Schuerer

  SSB 190

  EDUCATION: Connolly, Chair; Angelo, J. Black, Kibbie and Rehberg

  SSB 191

  EDUCATION: Tinsman, Chair; Boettger, Neuhauser, Redwine and Szymoniak

  SSB 192

  STATE GOVERNMENT: Lundby, Chair; Gronstal and McLaren
  45th Day WEDNESDAY, FEBRUARY 26, 1997 397
  AFTERNOON SESSION

  The Senate reconvened at 4:40 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.

  BUSINESS PENDING

  House File 255

  The Senate resumed consideration of 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,
  previously deferred.

  Senator Halvorson asked and received unanimous consent that
  action on amendment S-3088 filed by him from the floor to page 1 of
  the bill be temporarily deferred.

  Senator Vilsack asked and received unanimous consent that action
  on amendment S-3083 filed by Senators Vilsack, et al., on February
  25, 1997, to page 1 of the bill be temporarily deferred.

  Senator Flynn offered amendment S-3085 filed by Senators Flynn,
  et al., from the floor to page 1 of the bill, moved its adoption and
  requested a record roll call.

  On the question "Shall amendment S-3085 be adopted?" (H.F. 255)
  the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.

  Ayes, 22:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  398 JOURNAL OF THE SENATE 45th Day
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  Lundby McCoy Neuhauser Palmer
  Szymoniak Vilsack

  Nays, 28:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Freeman Hedge Iverson Jensen
  King Kramer Lind Maddox
  McKean McKibben McLaren Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Zieman

  Amendment S-3085 lost.

  Senator Connolly withdrew amendment S-3086 filed by him from
  the floor to page 1 of the bill.

  Senator Connolly offered amendment S-3089 filed by him from the
  floor to page 1 of the bill.

  Senator Connolly asked and received unanimous consent that
  action on amendment S-3089 be deferred.

  Senator Lundby withdrew amendment S-3084 filed by her from
  the floor to pages 3 and 4 of the bill.

  Senator Vilsack withdrew amendment S-3082 to pages 5 and 6 of
  the bill, previously deferred.

  Senator Halvorson withdrew amendment S-3088 to page 1 of the
  bill, previously deferred.

  Senator Vilsack offered amendment S-3083 filed by Senators
  Vilsack, et al., on February 25, 1997, to page 1 of the bill, moved its
  adoption and requested a record roll call.

  On the question "Shall amendment S-3083 be adopted?" (H.F. 255)
  the vote was:

  Rule 23, requiring all Senators present to vote except those who
  express a conflict of interest, was invoked.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 399
  Ayes, 21:

  Bartz Black, D. Connolly Dearden
  Deluhery Dvorsky Fink Flynn
  Gronstal Halvorson Hammond Hansen
  Horn Judge Lundby McCoy
  Neuhauser Palmer Rensink Szymoniak
  Vilsack

  Nays, 26:

  Angelo Behn Black, J. Boettger
  Borlaug Douglas Drake Freeman
  Hedge Iverson Jensen King
  Kramer Lind Maddox McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rife Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Fraise Gettings Kibbie

  Amendment S-3083 lost.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Gettings, Fraise and Kibbie for the remainder of the day on request
  of
  Senator Gronstal.

  BUSINESS PENDING

  House File 255

  The Senate resumed consideration of House File 255.

  Senator Connolly moved the adoption of amendment S-3089 to
  page 1 of the bill, previously deferred and requested a record roll call.

  On the question "Shall amendment S-3089 be adopted?" (H.F. 255)
  the vote was:

  Ayes, 23:

  Bartz Black, D. Black, J. Connolly
  Dearden Deluhery Dvorsky Fink
  400 JOURNAL OF THE SENATE 45th Day
  Flynn Gronstal Halvorson Hammond
  Hansen Horn Judge Lundby
  McCoy McKean Neuhauser Palmer
  Rensink Szymoniak Vilsack

  Nays, 24:

  Angelo Behn Boettger Borlaug
  Douglas Drake Freeman Hedge
  Iverson Jensen King Kramer
  Lind Maddox McKibben McLaren
  Redfern Redwine Rehberg Rife
  Rittmer Schuerer Tinsman Zieman

  Absent or not voting, 3:

  Fraise Gettings Kibbie

  Amendment S-3089 lost.

  Senator Rittmer 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?" (H.F. 255) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Freeman
  Gronstal Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge King 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, 3:

  Fraise Gettings Kibbie
  45th Day WEDNESDAY, FEBRUARY 26, 1997 401
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  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 26, 1997, passed the following bill in which the concurrence
  of the
  Senate is asked:

  House File 331, a bill for an act relating to the authorization of
  school officials to conduct searches of students, student protected
  areas, lockers, desks, and other facilities and spaces and including
  effective and applicability provisions.

  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate File 218, by Gronstal, a bill for an act relating to
  contribution and expenditure limits in campaigns and related
  disclaimers on political advertising, requiring truth in statements
  made during campaigns, providing penalties, and providing effective
  dates.

  Read first time and passed on file.

  Senate File 219, by committee on Agriculture, a bill for an act
  relating to trespassing or stray livestock and providing remedies and
  an effective date.

  Read first time and placed on calendar.

  Senate File 220, by Connolly, a bill for an act relating to the
  establishment of a council for voluntary high standards and
  assessment development and to the adoption of voluntary model
  content standards and assessments by the state board of education
  and by schools and school districts, and providing for related matters.

  Read first time and passed on file.
  402 JOURNAL OF THE SENATE 45th Day
  Senate File 221, by committee on Agriculture, a bill for an act
  providing for the termination of farm tenancies.

  Read first time and placed on calendar.

  Senate File 222, by committee on Ways and Means, a bill for an
  act relating to the use tax on motor vehicle leasing.

  Read first time and placed on Ways and Means Calendar.

  Senate File 223, by Gettings, a bill for an act relating to ethical
  standards for candidates for state office, by including candidates for
  state office within the jurisdiction of the ethics and campaign
  disclosure board, requiring rules to be established by the board, and
  making penalties applicable.

  Read first time and passed on file.

  Senate File 224, by Borlaug, a bill for an act relating to a sales tax
  exemption for certain aircraft and providing an effective date.

  Read first time and passed on file.

  Senate File 225, by committee on State Government, a bill for an
  act concerning assistive devices by providing for express warranties,
  replacement of devices, and providing consumer remedies.

  Read first time and placed on calendar.

  Senate File 226, by Dvorsky, a bill for an act relating to the
  compensation of judicial magistrates.

  Read first time and passed on file.

  Senate File 227, by Hansen, a bill for an act exempting from the
  individual and corporate taxes the capital gains for the sale or
  transfer during a two-year period of residential and rental residential
  dwellings and including a retroactive applicability date provision.

  Read first time and passed on file.

  Senate File 228, by committee on Local Government, a bill for an
  act relating to the compensation of the sheriff and compensation
  commissioners in eminent domain proceedings.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 403
  Read first time and placed on calendar.

  Senate File 229, by committee on Transportation, a bill for an act
  relating to the issuance of motor vehicle licenses for certain law
  enforcement officers and providing penalties.

  Read first time and placed on calendar.

  Senate File 230, by committee on Human Resources, a bill for an
  act 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.

  Read first time and placed on calendar.

  Senate File 231, by committee on Agriculture, a bill for an act
  restricting the use of spray irrigation equipment on land draining into
  agricultural drainage wells.

  Read first time and placed on calendar.

  Senate File 232, by committee on Local Government, a bill for an
  act relating to notarial acts and providing an effective date.

  Read first time and placed on calendar.

  Senate File 233, by committee on State Government, a bill for an
  act concerning eligible alternative retirement benefit systems for
  newly employed community college employees, and providing an
  applicability date.

  Read first time and placed on calendar.

  Senate File 234, by Judge, a bill for an act providing for the
  regulation of animal feeding operations, including confinement swine
  feeding operations, and the application of manure, including
  regulation by the department of natural resources and other entities,
  providing for the applicability of penalties, and providing for an
  effective date.

  Read first time and passed on file.
  404 JOURNAL OF THE SENATE 45th Day
  Senate File 235, by committee on Agriculture, a bill for an act
  providing authority to soil and water conservation district
  commissioners to allocate moneys for the emergency restoration of
  permanent soil and water conservation practices.

  Read first time and placed on calendar.

  Senate File 236, by committee on Human Resources, a bill for an
  act relating to the certificate of need program.

  Read first time and placed on calendar.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  File 204 be referred from the Appropriations Calendar to the
  committee on Appropriations.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 255 be immediately messaged to the House.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 405
  APPENDIX

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action: SENATE FILE 235 (SSB 146), a bill for an act providing
  authority
  to soil and water conservation district commissioners to allocate moneys for
  the
  emergency restoration of permanent soil and water conservation practices.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Rensink, J. Black, Judge, Bartz, Behn, D. Black,
  Fraise,
  Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Nays, none. Absent or not
  voting,
  2: Angelo and Vilsack.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  APPROPRIATIONS

  Final Bill Action: HOUSE FILE 125, a bill for an act appropriating federal
  block
  grant funds and amending appropriations from the general fund of the state
  to the
  department of human services for the state fiscal year beginning July 1,
  1996, 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, Jensen, Lind, Lundby,
  Maddox, McCoy, Neuhauser, Rensink, Rife, Rittmer, Tinsman and Vilsack. Nays,
  none. Absent or not voting, 1: Horn.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  HUMAN RESOURCES

  Final Bill Action: *SENATE FILE 236 (SSB 127), a bill for an act relating to
  the
  certificate of need program.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Boettger, Redwine, Szymoniak, Bartz, Behn, J. Black,
  Dearden,
  Hammond, Rensink, Schuerer, Tinsman and Vilsack. Nays, none. Absent or not
  voting, 1: Dvorsky.

  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 Human Resources Committee on
  Senate File 236 and they were attached to the committee report.
  406 JOURNAL OF THE SENATE 45th Day
  STATE GOVERNMENT

  Final Bill Action: HOUSE FILE 8, a bill for an act relating to the funding
  of state
  mandates.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3090.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  211 State Government
  S. F.  212 Commerce
  S. F.  213 Human Resources
  S. F.  215 Natural Resources
  S. F.  216 Ways and Means
  S. F.  217 Ways and Means
  S. F.  218 State Government
  S. F.  220 Education
  S. F.  223 State Government
  S. F.  224 Ways and Means
  S. F.  226 Judiciary
  S. F.  227 Ways and Means
  S. F.  234 Agriculture
  H.F.  331 Education

  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
  26, 1997:
  BUSINESS AND LABOR

  Perry J. Chapin, Patricia M. Marshall, Earnest L. Nelson, Richard T. Vander
  Laan
  and William E. Yeager ( members of the Iowa Workforce Development Board.
  45th Day WEDNESDAY, FEBRUARY 26, 1997 407
  AMENDMENTS FILED

  S(3084 H. F.  255 Mary Lundby
  S(3085 H. F.  255 Tom Flynn
  Mary Lundby
  Bill Fink
  Patty Judge
  Rod Halvorson
  Dennis Black
  S(3086 H. F.  255 Mike Connolly
  S(3087 S. F.  136 Ways and Means
  S(3088 H. F.  255 Rod Halvorson
  S(3089 H. F.  255 Mike Connolly
  S(3090 H. F.  8 State Government

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:52 p.m.,
  until 9:00 a.m., Thursday, February 27, 1997.

Iowa General Assembly

Index: Senate Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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