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FORTY-SIXTH CALENDAR DAY TWENTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, February 27, 1997 The Senate met in regular session at 9:08 a.m., President Kramer presiding. Prayer was offered by Fred Lehman of the Bethel Rescue Mission, Des Moines, Iowa The Journal of Wednesday, February 26, 1997, was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator McCoy until he arrives on request of Senator Dvorsky. INTRODUCTION OF BILL Senate File 237, by Iverson, Kramer, McKean, Angelo, Lundby, Jensen, Boettger, Redwine, and Behn, a bill for an act relating to the possession of tobacco, tobacco products, or cigarettes by a person under eighteen years of age, and providing penalties. Read first time and passed on file. CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Files 145 and 230. Senate File 145 On motion of Senator Black of Kossuth, Senate File 145, a bill for an act relating to the county mental health, mental retardation, and 46th Day THURSDAY, FEBRUARY 27, 1997 409 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, with report of committee recommending passage, was taken up for consideration. 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. 145) the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Judge Kibbie King Kramer Lind Lundby Maddox McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 2: Jensen McCoy The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 230 On motion of Senator Szymoniak, Senate File 230, 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, was taken up for consideration. Senator Neuhauser asked and received unanimous consent that action on Senate File 230 be deferred. 410 JOURNAL OF THE SENATE 46th Day Senate File 126 On motion of Senator Drake, Senate File 126, a bill for an act allowing a supervised, controlled burn for which a permit has been issued during an open burning ban, was taken up for consideration. Senator Drake 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. 126) 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 Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind McKean McKibben Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 4: Lundby Maddox McCoy McLaren The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. RECESS On motion of Senator Iverson, the Senate recessed at 10:00 a.m., until 4:00 p.m. 46th Day THURSDAY, FEBRUARY 27, 1997 411 APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: February 26, 1997, 10:50 a.m. Members Present: Borlaug, Chair; Schuerer, Vice Chair; Vilsack, Ranking Member; Fink and Zieman. Members Absent: none. Committee Business: Presentations on venture capital and Fannie Mae Corp. Adjourned: 11:45 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 20, 1997, 9:46 a.m. Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member; Kibbie and Rehberg. Members Absent: none. Committee Business: Presentation on electronic data interchange by the department of education and Iowa association of community college trustees; students from DMACC were present to discuss their college. Adjourned: 11:23 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 26, 1997, 11:10 a.m. Members Present: Rittmer, Chair; Redfern, Vice Chair and Flynn, Ranking Member. Members Absent: Jensen and Palmer (both excused). Committee Business: Budget discussion. Adjourned: 12:10 p.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 26, 1997, 11:09 a.m. Members Present: Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking Member; Redwine and Szymoniak. Members Absent: none. 412 JOURNAL OF THE SENATE 46th Day Committee Business: Budget discussion. Adjourned: 11:57 a.m. AGRICULTURE Convened: February 26, 1997, 8:10 a.m. Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking Member; Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Members Absent: Angelo (excused) and Vilsack. Committee Business: Approved SSBs 133, 137 and 146 as committee bills. Adjourned: 8:22 a.m. APPROPRIATIONS Convened: February 26, 1997, 9:25 a.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, McCoy, Neuhauser, Rife, Rittmer, Tinsman and Vilsack. Members Absent: Rensink (excused). Committee Business: Recommended passage of House File 255. Adjourned: 9:30 a.m. APPROPRIATIONS Convened: February 26, 1997, 3:15 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Jensen, Lind, Lundby, Maddox, McCoy, Neuhauser, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: Horn (excused) Committee Business: Recommended passage of House File 125 and approved SSB 140 as a committee bill. Adjourned: 4:22 p.m. BUSINESS AND LABOR Convened: February 26, 1997, 1:08 p.m. 46th Day THURSDAY, FEBRUARY 27, 1997 413 Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member; Behn, Freeman, Gettings, Horn, Jensen, Palmer, Schuerer and Zieman. Members Absent: none. Committee Business: Presentations regarding occupational hearing loss; recommended confirmation of five governor's appointees; assigned study bills to subcommittees. Adjourned: 2:45 p.m. COMMERCE Convened: February 26, 1997, 11:45 a.m. Members Present: Jensen, Chair; Schuerer, Vice Chair; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, Palmer and Rife. Members Absent: Deluhery, Ranking Member; McCoy and Redfern (all excused). Committee Business: Amended and approved SSBs 9 and 88 as committee bills. Adjourned: 12:11 p.m. EDUCATION Convened: February 26, 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 and Tinsman. Members Absent: Szymoniak (excused). Committee Business: Assigned study bills to subcommittees and presentation on at- risk programs. Adjourned: 1:59 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: February 26, 1997, 2:10 p.m. Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben and Rehberg Members Absent: Zieman (excused) Committee Business: Assigned bills to subcommittees; amended and approved SSB 161 as a committee bill; recommended passage of Senate Files 17 and 174 as amended; recommended passage of House File 191. 414 JOURNAL OF THE SENATE 46th Day Adjourned: 3:10 p.m. RULES AND ADMINISTRATION Convened: February 26, 1997, 12:35 p.m. Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstral, Ranking Member; Fink, Lundby, Maddox and Rehberg. Members Absent: Jensen, Judge, Kibbie and Redfern (all excused). Committee Business: Approved usage of the Senate chamber for a public hearing on 2-26-97. Adjourned: 12:45 p.m. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Max and Virginia Miltner, Solon ( For celebrating your 50th wedding anniversary. Senator Dvorsky (2-17-97). John O'Neill, Iowa City ( For 31 years of service as the Johnson County Recorder. Senators Dvorsky and Neuhauser (3-31-97). Jeffrey Vogler, Dubuque ( For achieving the rank of Eagle Scout. Senator Flynn (3- 23-97). Ruth Little Crispin, Tipton ( For celebrating your 100th birthday. Senator Kramer (2-27-97). Jeannette Neumann, Des Moines ( For first place in "Write Women Back Into History" contest. Senator Kramer (2-27-97). Bob Tuttle, Des Moines ( For day in the Iowa Senate. Senator Kramer (2-27-97). David White, Des Moines ( For receiving the Edith Rose Murphy Sackett Award. Senator Kramer (2-27-97). STUDY BILLS RECEIVED SSB 193 Judiciary Requiring future damages in personal injury actions to be adjusted according to present value. 46th Day THURSDAY, FEBRUARY 27, 1997 415 SSB 194 Judiciary Relating to criminal justice, by providing for enhanced punishment for manufacturing methamphetamine in the presence of minors, providing restrictions on public nudity and actual or simulated public performance of sex acts in certain establishments, providing for abatement of nuisance created by certain establishments which allow or permit public nudity or actual or simulated public performances of sex acts in their establishment, making changes relating to permits and rights to carry and acquire weapons, providing for hormonal intervention therapy for persons convicted of certain sex offenses, authorizing probation supervision and revocation by administrative parole, and probation judges in the sixth judicial district, and providing penalties and an effective date. SSB 195 Judiciary Relating to estate issues by modifying the warranty by a trustee, exemptions from execution and beneficiary designations and transfer- upon-death provisions related to pension and retirement accounts, jurisdiction of the probate court, fees payable on certain trusts, claims against estates for medical assistance payments, notice provisions relating to claims against estates, termination of conservatorships, and disclaimers made by beneficiaries. SSB 196 State Government Relating to the habitat of the species of wild bird classified as tyrannus verticalis. SSB 197 State Government Restricting the provision of child day care in gambling establishments, making penalties applicable, and providing an effective date. SSB 198 State Government Relating to providing individual income tax returns to the legislative fiscal bureau for statistical purposes. 416 JOURNAL OF THE SENATE 46th Day SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 9 STATE GOVERNMENT: Lundby, Chair; Halvorson and McLaren Senate File 172 JUDICIARY: Boettger, Chair; Drake and Hammond Senate File 178 JUDICIARY: McKean, Chair; Boettger, Hammond, Hansen and Tinsman Senate File 181 JUDICIARY: McKean, Chair; Hammond and Redfern Senate File 183 EDUCATION: Tinsman, Chair; Lind and Neuhauser Senate File 186 EDUCATION: Redwine, Chair; Kibbie and Tinsman Senate File 191 NATURAL RESOURCES & ENVIRON.: Angelo, Chair; Fink and Rehberg Senate File 196 JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman Senate File 197 JUDICIARY: McKibben, Chair; Drake, Neuhauser, Redfern and Vilsack Senate File 198 STATE GOVERNMENT: Lundby, Chair; Halvorson and King Senate File 201 STATE GOVERNMENT: King, Chair; Kibbie and Lundby Senate File 207 JUDICIARY: McKean, Chair; Halvorson and Redfern 46th Day THURSDAY, FEBRUARY 27, 1997 417 Senate File 208 EDUCATION: Rensink, Chair; Dvorsky and Rehberg Senate File 211 STATE GOVERNMENT: Lundby, Chair; Gronstal and Lind Senate File 215 NATURAL RESOURCES & ENVIRON. Hedge, Chair; Bartz and Fink Senate File 218 STATE GOVERNMENT: Lundby, Chair; Gronstal and King Senate File 223 STATE GOVERNMENT: Lundby, Chair; Halvorson and King Senate File 234 AGRICULTURE: Rensink, Chair; Behn and Judge SSB 172 COMMERCE: Bartz, Chair; Palmer and Schuerer SSB 193 JUDICIARY: McKibben, Chair; Drake, Neuhauser, Redfern and Vilsack SSB 194 JUDICIARY: McKibben, Chair; Boettger and Hansen SSB 195 JUDICIARY: Redfern, Chair; McKibben and Vilsack SSB 196 STATE GOVERNMENT: Rife, Chair; Kibbie and Lind SSB 197 STATE GOVERNMENT: Lind, Chair; Fink and Rife SSB 198 STATE GOVERNMENT: Lind, Chair; Kibbie and McLaren 418 JOURNAL OF THE SENATE 46th Day COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 240 (SSB 140), a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Recommendation: APPROVED COMMITTEE BILL. 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. COMMERCE Final Bill Action: *SENATE FILE 238 (SSB 88), a bill for an act relating to the procedures for disposition of the contents of a decedent's safe deposit box. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11 Jensen, Schuerer, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Palmer and Redfern. Nays, none. Absent or not voting, 4: Deluhery, Maddox, McCoy and Rife. 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 Commerce Committee on Senate File 238 and they were attached to the committee report. AMENDMENTS FILED S(3091 S. F. 132 Allen Borlaug S(3092 S. F. 132 Jim Lind 46th Day THURSDAY, FEBRUARY 27, 1997 419 AFTERNOON SESSION The Senate reconvened at 4:10 p.m., President Kramer presiding. INTRODUCTION OF BILLS Senate File 238, by committee on Commerce, a bill for an act repealing the procedures for disposition of the contents of a decedent's safe deposit box and providing an effective date. Read first time and placed on calendar. Senate File 239, by Judge, a bill for an act relating to swine confinement feeding operations, by providing for separation distance requirements, providing for the applicability of penalties, and providing for an effective date. Read first time and passed on file. Senate File 240, by committee on Appropriations, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Read first time and placed on Appropriations Calendar. Senate File 241, by committee on Commerce, a bill for an act adopting the uniform transfer on death security registration Act. Read first time and placed on calendar. Senate File 242, by Hansen, a bill for an act relating to the newspaper publication of notices, proceedings, ordinances, or other matters in the English language. Read first time and passed on file. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. 420 JOURNAL OF THE SENATE 46th Day The vote revealed 39 present, 11 absent and a quorum present. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 126 and 145 be immediately messaged to the House. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senators Connolly and Vilsack for the remainder of the day on request of Senator Gronstal; Senator Lundby for the remainder of the day on request of Senator McKean and Senator Freeman until she returns on request of Senator Bartz. CONSIDERATION OF BILLS (Regular Calendar) Senate File 59 On motion of Senator Redwine, Senate File 59, a bill for an act relating to the disposition of emergency medical care provider certification fees, with report of committee on Human Resources recommending passage on February 12, 1997, and report of committee on State Government recommending passage on February 25, 1997, was taken up for consideration. Senator Redwine 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. 59) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink 46th Day THURSDAY, FEBRUARY 27, 1997 421 Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: Connolly Freeman Lundby Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 188 On motion of Senator Rife, Senate File 188, a bill for an act relating to the allocation of gambling receipts for horse race purses, was taken up for consideration. Senator McCoy withdrew amendment S-3095 filed by him from the floor to page 1 of the bill. Senator Black of Jasper offered amendment S-3097 filed by him from the floor to page 2 of the bill. Senator Rife raised the point of order that amendment S-3097 was not germane to the bill. The Chair ruled the point well taken and amendment S-3097 out of order. Senator Dearden asked and received unanimous consent that action on Senate File 188 be deferred for the preparation of a fiscal note. BUSINESS PENDING Senate File 230 The Senate resumed consideration of Senate File 230, a bill for an act relating to child abuse provisions involving assessments performed by the department of human services in response to 422 JOURNAL OF THE SENATE 46th Day reports of child abuse and providing effective dates, previously deferred. Senator Szymoniak 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. 230) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 1: Neuhauser Absent or not voting, 4: Connolly Freeman Lundby Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILL (Regular Calendar) Senate File 161 On motion of Senator Rife, Senate File 161, a bill for an act modifying the holding temperature required for the storage of eggs sold at retail, was taken up for consideration. Senator Rife offered amendment S-3098 filed by Senators Rife and Bartz from the floor to page 1 of the bill and moved its adoption. 46th Day THURSDAY, FEBRUARY 27, 1997 423 Amendment S-3098 was adopted by a voice vote. Senate Iverson asked and received unanimous consent that Senate File 161 be referred from the Regular Calendar to the committee on Appropriations. UNFINISHED BUSINESS CALENDAR (Deferred January 25, 1997) Senate File 132 The Senate resumed consideration of 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, deferred February 25, 1997. Senator Iverson asked and received unanimous consent to withdraw amendment S-3078 filed by Senator Lundby on February 24, 1997, to pages 1, 7 and the title page of the bill. Senator Lind withdrew amendment S-3080 filed by him on February 25, 1997, to page 1 of the bill. Senator Lind offered amendment S-3092 filed by him from the floor to pages 1 and 3 of the bill and moved its adoption. Amendment S-3092 was adopted by a voice vote. Senator Borlaug offered amendment S-3048 filed by him on February 17, 1997, to page 2 of the bill and moved its adoption. Amendment S-3048 was adopted by a voice vote. Senator Halvorson withdrew amendment S-3050 filed by him on February 17, 1997, to pages 10 and 11 of the bill. Senator Halvorson withdrew amendment S-3052 filed by him on February 18, 1997, to pages 10 and 11 of the bill. 424 JOURNAL OF THE SENATE 46th Day Senator Borlaug offered amendment S-3091 filed by him from the floor to pages 10 and 11 of the bill and moved its adoption. Amendment S-3091 was adopted by a voice vote. Senator Borlaug withdrew amendment S-3079 filed by him on February 25, 1997, to page 11 of the bill. Senator Borlaug withdrew amendment S-3072 filed by him on February 20, 1997, to page 15 of the bill. Senator Borlaug offered amendment S-3096 filed by him from the floor to page 11 of the bill and moved its adoption. Amendment S-3096 was adopted by a voice vote. Senator Borlaug 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. 132) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: Connolly Freeman Lundby Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. 46th Day THURSDAY, FEBRUARY 27, 1997 425 CONSIDERATION OF BILLS (Regular Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate File 205 Senate File 205 On motion of Senator Rittmer, Senate File 205, 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, was taken up for consideration. Senator Gronstal asked and received unanimous consent that action on Senate File 205 be deferred. Senate File 16 On motion of Senator Drake, Senate File 16, a bill for an act relating to simulated incendiary or explosive materials and establishing a penalty, with report of committee recommending passage, was taken up for consideration. Senator Drake offered amendment S-3032 filed by Senators Drake and Szymoniak on February 4, 1997, to page 1 of the bill and moved its adoption. Amendment S-3032 was adopted by a voice vote. Senator Drake 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. 16) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings 426 JOURNAL OF THE SENATE 46th Day Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 4: Connolly Freeman Lundby Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 177 On motion of Senator McKean, Senate File 177, a bill for an act relating to motor vehicle operator prohibitions and restrictions including exhibition driving, littering, blood alcohol test certificates, and handicapped parking, and by establishing or making existing penalties applicable, was taken up for consideration. Senator Drake offered amendment S-3081 filed by him on February 25, 1997, to page 2 of the bill and moved its adoption. Amendment S-3081 was adopted by a voice vote. Senator Drake 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. 177) the vote was: Ayes, 44: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Gettings 46th Day THURSDAY, FEBRUARY 27, 1997 427 Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Maddox McCoy McKean Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 6: Connolly Freeman Lundby McKibben McLaren Vilsack 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 16, 59, 132, 177 and 230 be immediately messaged to the House. INTRODUCTION OF BILLS Senate File 243, by Kibbie, a bill for an act relating to provisions in contracts for the sale of grain executed by agricultural producers and grain dealers. Read first time and passed on file. Senate File 244, by Kibbie, a bill for an act appropriating moneys for educational programs involving agricultural production and marketing contracts. Read first time and passed on file. Senate File 245, by Boettger, a bill for an act relating to the sale, lease, or other disposition of property belonging to a school district or area education agency and providing an immediate effective date. Read first time and passed on file. 428 JOURNAL OF THE SENATE 46th Day Senate File 246, by committee on Natural Resources and Environment, a bill for an act relating to snowmobiles and all-terrain vehicles by requiring title certificates, increasing snowmobile and all- terrain vehicle registration fees, and providing for point of sale registration. Read first time and placed on calendar. Senate File 247, by McKean, a bill for an act relating to health care facilities by requiring criminal and child and dependent adult abuse records checks of prospective licensees and employees. Read first time and passed on file. Senate File 248, by Tinsman, a bill for an act establishing a limitation on noneconomic damages in an action alleging medical malpractice. Read first time and passed on file. Senate File 249, by King, a bill for an act abolishing the county compensation board and transferring its duties to the board of supervisors. Read first time and passed on file. 46th Day THURSDAY, FEBRUARY 27, 1997 429 APPENDIX 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 27 1997: JUDICIARY Arthur P. Silva, Commission on Judicial Qualifications. STATE GOVERNMENT Shirley A. Meisenheimer, Board of Medical Examiners. GOVERNOR'S APPOINTEE PLACED ON INDIVIDUAL CONFIRMATION CALENDAR The following appointee assigned to a standing committee for investigation was placed on the Individual Confirmation Calendar with recommendation for confirmation on February 27 1997: Kim D. Schmett, Director of the Department of Inspections and Appeals. COMMITTEE REPORTS COMMERCE Final Bill Action: *SENATE FILE 241 (SSB 9), a bill for an act adopting the uniform transfer on death security registration Act. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10 Jensen, Schuerer, Bartz, Douglas, Gronstal, Hansen, King, Lundby, Palmer and Redfern. Nays, none. Absent or not voting, 5: Deluhery, Flynn, Maddox, McCoy and Rife. 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 Commerce Committee on Senate File 241 and they were attached to the committee report. JUDICIARY Final Bill Action: 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. Recommendation: DO PASS. 430 JOURNAL OF THE SENATE 46th Day Final Vote: Ayes, 15: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE FILE 17, a bill for an act relating to liability for costs associated with a response by the state to a hazardous condition. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3094. Final Vote: Ayes, 13: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug, Dearden, Deluhery, Freeman, Hedge, Judge, McKibben and Rehberg. Nays, 1: Dvorsky. Absent or not voting, 1: Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 174, a bill for an act relating to the operation of motorboats on aritificial lakes. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3093. Final Vote: Ayes, 12: Bartz, Angelo, Fink, J. Black, Borlaug, Dearden, Deluhery, Freeman, Hedge, Judge, McKibben and Rehberg. Nays, 2: D. Black and Dvorsky. Absent or not voting, 1: Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 246 (SSB 161), a bill for an act relating to snowmobiles by requiring title certificates, increasing snowmobile registration fees, and providing for point of sale registration. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Bartz, Angelo, Fink, J. Black, Borlaug, Dearden, Deluhery, Freeman, Hedge, Judge, McKibben and Rehberg. Nays, 2: D. Black and Dvorsky. Absent or not voting, 1: Zieman. 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 Natural Resources Committee on Senate File 246 and they were attached to the committee report. 46th Day THURSDAY, FEBRUARY 27, 1997 431 STATE GOVERNMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 5, a concurrent resolution designating March 1997 as Iowa Women's History Month. Recommendation: DO PASS. 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: Lundby. 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. 237 Human Resources S. F. 239 Agriculture S. F. 242 State Government S. F. 243 Agriculture S. F. 244 Appropriations S. F. 245 Education AMENDMENTS FILED S(3093 S. F. 174 Natural Resources & Environ. S(3094 S. F. 17 Natural Resources & Environ. S(3095 S. F. 188 Matt McCoy S(3096 S. F. 132 Allen Borlaug S(3097 S. F. 188 Dennis Black S(3098 S. F. 161 Jack Rife Merlin E. Bartz ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:12 p.m., until 1:00 p.m., Monday, March 3, 1997.
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Iowa General Assembly
Index: Senate Journal (77th General Assembly: Session 1)
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