Senate Journal: Monday, March 3, 1997

  FIFTIETH CALENDAR DAY
  TWENTY-NINTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, March 3, 1997


  The Senate met in regular session at 1:10 p.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Douglas Darnold, pastor of the
  First Presbyterian Church, Sibley, Iowa.

  The Journal of Thursday, February 27, 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 27, 1997, passed the following bill in which the concurrence
  of the
  Senate is asked:

  House File 299, a bill for an act concerning drug and alcohol
  testing of private sector employees and prospective employees and
  providing remedies and an effective date.

  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate File 250, by committee on Human Resources, a bill for an
  act relating to public health issues under the purview of the Iowa
  department of public health, including vital statistics, the board of
  nursing examiners, the board of dental examiners, lead poisoning, the
  immunization registry, the child death review team, plumbing
  provisions and fees, and providing a contingent effective date.

  Read first time and placed on calendar.
  50th Day MONDAY, MARCH 3, 1997 433
  Senate File 251, by committee on Judiciary, a bill for an act
  relating to compensation to victims of international terrorism who are
  residents of Iowa and providing an effective date.

  Read first time and placed on calendar.

  Senate File 252, by committee on State Government, a bill for an
  act relating to the habitat of the species of wild bird classified as
  tyrannus verticalis.

  Read first time and placed on calendar.

  Senate File 253, by committee on State Government, a bill for an
  act relating to the practice of veterinary medicine and providing a
  penalty.

  Read first time and placed on calendar.

  Senate File 254, by Kibbie, a bill for an act prohibiting certain
  contracts for the delayed delivery and pricing of grain by agricultural
  producers and grain dealers.

  Read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 1:25 p.m.,
  until 3:30 p.m.
  434 JOURNAL OF THE SENATE 50th Day
  APPENDIX

  PETITIONS

  The following petitions supporting the funding of public libraries
  throughout Iowa were presented and placed on file by:

  Senator Douglas from 352 residents of Adair, Guthrie and Madison
  Counties.

  Senator Dvorsky from 655 residents of Cedar, Linn, Iowa, Johnson
  and Washington Counties.

  Senator Gronstal from 112 residents of Pottawattamie County.

  Senator Hedge from 25 residents of Keokuk and Wapello Counties.

  Senator Jensen from 508 residents of Bremer, Butler and Grundy
  Counties.

  Senator Kibbie from 120 residents of Dickinson and Kossuth
  Counties.

  Senator McLaren from 407 residents of Cass, Mills and
  Montgomery Counties.

  Senator Rensink from 459 residents of Lyon, O'Brien, Osceola and
  Sioux Counties.

  The following petition was presented and placed on file by:

  Senator Douglas from 9 residents of Madison County opposing
  legislation reinstating the death penalty.

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: February 27, 1997, 10:40 a.m.

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

  Members Absent: none.
  50th Day MONDAY, MARCH 3, 1997 435
  Committee Business: Presentation on venture capital; discussion of ICN
  meeting;
  discussed proposed appropriations bill.

  Adjourned: 11:47 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON EDUCATION

  Convened: February 27, 1997, 10:38 a.m.

  Members Present: Lind, Chair; McKibben, Vice Chair; Horn, Ranking Member;
  Kibbie and Rehberg.

  Members Absent: none.

  Committee Business: Discussed priorities for FY 1998 budget and requests
  from the
  committee for additional presentations.

  Adjourned: 11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened: February 27, 1997, 11:10 a.m.

  Members Present: Rittmer, Chair; Redfern, Vice Chair; Flynn Ranking Member;
  Jensen and Palmer.

  Members Absent: none.

  Committee Business: Discussed department budget requests.

  Adjourned: 11:55 a.m.

  APPROP. SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS

  Convened: February 27, 1997, 10:35 a.m.

  Members Present: Rife, Chair; Kramer, Vice Chair; Neuhauser, Ranking Member;
  Deluhery and McLaren.

  Members Absent: none.

  Committee Business: Presentation by the division administrator of the
  department
  of education regarding area education agencies.

  Adjourned: 11:45 a.m.

  APPROP. SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE &
  CAPITALS

  Convened: February 27, 1997, 10:37 a.m.
  436 JOURNAL OF THE SENATE 50th Day
  Members Present: Freeman, Chair; King, Vice Chair; Halvorson, Ranking Member
  and Douglas.

  Members Absent: Connolly.

  Committee Business: Presentation by UNI president and UNI student body
  president on lang hall regarding renovation of the old building constructed
  in 1900.

  Adjourned: 11:30 a.m.

  HUMAN RESOURCES

  Convened: February 27, 1997, 1:04 p.m.

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

  Members Absent: none.

  Committee Business: Amended and approved SSB 120 as a committee bill;
  recommended passage of Senate File 163 as amended.

  Adjourned: 2:19 p.m.

  JUDICIARY

  Convened: February 27, 1997, 2:05 p.m.

  Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking
  Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King,
  McKibben, Redfern, Tinsman and Vilsack.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; recommended passage of
  House Joint Resolution 10; amended and deferred action on SSB 36; approved
  SSB
  150 as a committee bill; recommended confirmation of governor's appointee.

  Adjourned: 2:45 p.m.

  STATE GOVERNMENT

  Convened: February 27, 1997, 3:05 p.m.

  Members Present: Lind, Chair; Rittmer, Vice Chair; Kibbie, Ranking Member;
  Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben, McLaren, Rife,
  Szymoniak and Tinsman.

  Members Absent: Lundby (excused).
  50th Day MONDAY, MARCH 3, 1997 437
  Committee Business: Recommended confirmation of two governor appointees;
  approved SSBs 47.1 and 196 as committee bills; recommended passage of Senate
  Concurrent Resolution 5.

  Adjourned: 3:20 p.m.

  STUDY BILLS RECEIVED

  SSB 199 Business & Labor

  Relating to the general operation of corporations, partnerships, and
  associations, including provisions relating to certain filings made by
  corporations and associations, the  filing of biennial reports by certain
  corporations and cooperative associations, and establishing fees.

  SSB 200 Natural Resources and Environment

  Relating to the management and hunting of deer by providing for
  the issuance of nonresident deer hunting passports and establishing
  the deer damage control fund, relating to the discharge of firearms in
  state parks, making an appropriation, subjecting violators to an
  existing penalty, and providing an effective date.

  SSB 201 Business & Labor

  Relating to the individual income tax by extending the special
  method of computation of tax for value-added S corporation
  shareholders to all S corporation shareholders and eliminating the
  refund limitation and providing a retroactive applicability date
  provision.

  SSB 202 Small Business, Economic Development & Tourism

  Relating to investments in counties and cities by providing for the
  establishment of enterprise zones in areas of counties and cities for
  which tax incentives and assistance are available for eligible
  businesses locating or located in the enterprise zone.

  SSB 204 Appropriations

  Relating to and making an appropriation to the Iowa department of
  public health for the Iowa healthy family program and providing an
  effective date.
  438 JOURNAL OF THE SENATE 50th Day
  SUBCOMMITTEE ASSIGNMENTS

  Senate File 191

  APPROPRIATIONS: McLaren, Chair; Hammond, Lind, Maddox and Neuhauser

  NOTE: Please disregard subcommittee assignment submitted on 2-27-97, page
  416
  of Senate Journal on S.F. 191.

  Senate File 204

  APPROPRIATIONS: Rittmer, Chair; Flynn, Freeman, Halvorson and Tinsman

  Senate File 210

  HUMAN RESOURCES: Bartz, Chair; J. Black and Dearden

  Senate File 216

  WAYS AND MEANS: McKibben, Chair; Deluhery and Douglas

  Senate File 217

  WAYS AND MEANS: Hedge, Chair; Deluhery and Douglas

  Senate File 224

  WAYS AND MEANS: Borlaug, Chair; Connolly and Douglas

  Senate File 227

  WAYS AND MEANS: McKibben, Chair; Drake and Judge

  Senate File 239

  AGRICULTURE: Rensink, Chair; Hedge and Judge

  Senate File 243

  AGRICULTURE: Kibbie, Chair; Behn and Zieman

  SSB 188
  (Reassigned)

  NATURAL RESOURCES & ENVIRONMENT: Borlaug, Chair; Bartz, D. Black, Judge
  and McKibben

  COMMITTEE REPORTS

  HUMAN RESOURCES
  50th Day MONDAY, MARCH 3, 1997 439
  Final Bill Action: *SENATE FILE 163, a bill for an act relating to the sale
  of
  cigarettes and tobacco products through vending machines.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3102.

  Final Vote: Ayes, 9: Boettger, Redwine Szymoniak, Dearden, Dvorsky, Hammond,
  Rensink, Tinsman and Vilsack. Nays, 4: Bartz, Behn, J. Black and Schuerer.

  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 163 and they were attached to the committee report.

  ALSO;

  Final Bill Action: *SENATE FILE 250 (SSB 120), a bill for an act relating to
  public
  health issues under the purview of the Iowa department of public health,
  including
  vital statistics, the board of nursing examiners, the board of dental
  examiners, lead
  poisoning, the immunization registry, the child death review team, plumbing
  provisions and fees, and providing a contingent effective date.

  Recommendation: APPROVED COMMITTEE BILL.

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

  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 250 and they were attached to the committee report.

  JUDICIARY

  Final Bill Action: SENATE FILE 251 (SSB 150), a bill for an act relating to
  compensation to victims of international terrorism who are residents of Iowa
  and
  providing an effective date.

  Recommendation: APPROVED COMMITTEE BILL.

  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.
  440 JOURNAL OF THE SENATE 50th Day
  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 252 (SSB 196), a bill for an act relating to
  the
  habitat of the species of wild bird classified as tyrannus verticalis.

  Recommendation: APPROVED COMMITTEE BILL.
  Final Vote: Ayes, 9: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink, McLaren,
  Rife and
  Tinsman. Nays, 5: Gronstal, Halvorson, King, McKibben and Szymoniak. Absent
  or
  not voting, 1: Lundby.

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 253 (SSB 47.1), a bill for an act relating to
  the
  practice of veterinary medicine and providing a penalty.

  Recommendation: APPROVED COMMITTEE BILL.

  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.

  AMENDMENTS FILED

  S(3099 S. F.  58 Mary Neuhauser
  S(3100 S. F.  58 Mary Neuhauser
  S(3101 S. F.  252 Michael E. Gronstal
  S(3102 S. F.  163 Human Resources
  50th Day MONDAY, MARCH 3, 1997 441
  AFTERNOON SESSION

  The Senate reconvened at 3:44 p.m., President Kramer presiding.

  HOUSE MESSAGES RECEIVED AND CONSIDERED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT: I am directed to inform your honorable body that the House
  has on March 3, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  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.

  ALSO: That the House has on March 3, 1997, adopted the following resolutions
  in
  which the concurrence of the Senate is asked:

  House Concurrent Resolution 10, a house concurrent resolution
  relating to a biennial memorial session.

  This resolution was read first time and passed on file.

  House Concurrent Resolution 11, a house concurrent resolution
  relating to Pioneer Lawmakers.

  This resolution was read first time and passed on file.

  ALSO: That the House has on March 3, 1997, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 82, a bill for an act relating to an award of attorney
  fees in an action to enforce a mechanic's lien.

  This bill was read first time and passed on file.

  House File 275, a bill for an act relating to trademarks and service
  marks registered with the secretary of state.
  442 JOURNAL OF THE SENATE 50th Day
  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate Joint Resolution 10, by Halvorson, a joint resolution
  requesting the proposal of an amendment to the Constitution of the
  United States to allow Congress and the states to set expenditure and
  contribution limits for political campaigns.

  Read first time and passed on file.

  Senate File 255, by Szymoniak, a bill for an act establishing a task
  force on interpretive services for deaf and hard-of-hearing
  individuals.

  Read first time and passed on file.

  Senate File 256, by Iverson and Judge, a bill for an act relating to
  veterans' benefits, veterans preference, veterans' claims, and
  providing a penalty.

  Read first time and passed on file.

  Senate File 257, by Flynn, a bill for an act relating to
  requirements for certain professional and nontraditional staff who
  provide disability services to persons with mental illness.

  Read first time and passed on file.

  Senate File 258, by Maddox, a bill for an act relating to city civil
  service and providing an effective date.

  Read first time and passed on file.

  Senate File 259, by Deluhery, a bill for an act relating to the
  disposition of certain lost property.

  Read first time and passed on file.

  Senate File 260, by Black of Jasper, a bill for an act establishing
  an office of veterans advocate.
  50th Day MONDAY, MARCH 3, 1997 443
  Read first time and passed on file.

  Senate File 261, by Connolly, a bill for an act relating to deducting
  a set amount from federal adjusted gross income before deducting net
  operating loss in computing state net income under the state
  individual income tax and including a retroactive applicability date
  provision.

  Read first time and passed on file.

  Senate File 262, by Connolly, a bill for an act permitting the
  transfer of campaign funds after a candidate has not served in public
  office for more than five years.

  Read first time and passed on file.

  Senate File 263, by Connolly, a bill for an act relating to four-year
  competitive demonstration grants for certain school districts for the
  establishment of alternative education programs for certain at-risk
  students and making an appropriation.

  Read first time and passed on file.

  Senate File 264, by Connolly, a bill for an act eliminating a
  component from an alternative to the annual achievement
  evaluations required to assess the academic progress of children
  receiving private instruction.

  Read first time and passed on file.

  Senate File 265, by Connolly, a bill for an act relating to
  qualifications for participation in the postsecondary enrollment
  options program.

  Read first time and passed on file.

  QUORUM CALL

  Senator Iverson requested a non record roll call to determine that a
  quorum was present.

  The vote revealed 39 present, 11 absent and a quorum present.
  444 JOURNAL OF THE SENATE 50th Day
  CONSIDERATION OF BILL
  (Appropriations Calendar)

  House File 191

  On motion of Senator Angelo, 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, with report of committee on Appropriations without
  recommendation on February 18, 1997, and report of committee on
  Natural Resources recommending passage on February 26, 1997, was
  taken up for consideration.

  Senator Angelo 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. 191) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  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 Maddox McCoy McKean
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Black, J. Lind Lundby Rife

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  50th Day MONDAY, MARCH 3, 1997 445
  UNFINISHED BUSINESS

  Senate File 58

  The Senate resumed consideration of Senate File 58, a bill for an
  act establishing English as the common language of the state, and
  amendment S-3058 by Senator Dvorsky to page 1 of the bill,
  deferred February 19, 1997 (amendment S-3060 pending).

  Senator Dvorsky moved the adoption of amendment S-3058 and
  requested a record roll call.

  On the question "Shall amendment S-3058 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 26:

  Black, D. Connolly Dearden Deluhery
  Drake Dvorsky Fink Flynn
  Fraise Freeman Gettings Gronstal
  Halvorson Hammond Hansen Horn
  Judge Kibbie Lind McCoy
  Neuhauser Palmer Redfern Rife
  Szymoniak Vilsack

  Nays, 22:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Hedge Iverson
  Jensen King Kramer Maddox
  McKean McKibben McLaren Redwine
  Rehberg Rensink Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 2:

  Black, J. Lundby

  Amendment S-3058 was adopted.

  Senator Szymoniak offered amendment S-3061 filed by her on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3061 was adopted by a voice vote.
  446 JOURNAL OF THE SENATE 50th Day
  Senator Dvorsky offered amendment S-3064 filed by him on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3064 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 21:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Hammond Hansen
  Horn Judge Kibbie McCoy
  Neuhauser Palmer Rittmer Szymoniak
  Vilsack

  Nays, 27:

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

  Absent or not voting, 2:

  Black, J. Lundby

  Amendment S-3064 lost.

  Senator Gronstal offered amendment S-3066 filed by him on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3066 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 22:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Horn Judge
  50th Day MONDAY, MARCH 3, 1997 447
  Kibbie McCoy Neuhauser Palmer
  Szymoniak Vilsack

  Nays, 24:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Drake Hedge
  Iverson Jensen King Kramer
  Lind Maddox McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Schuerer Tinsman Zieman

  Absent or not voting, 4:

  Black, J. Lundby Rife Rittmer

  Amendment S-3066 lost.

  Senator Gronstal offered amendment S-3067 filed by him on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  A non record roll call was requested.

  The ayes were 28, nays 18.

  Amendment S-3067 was adopted.

  Senator Gronstal offered amendment S-3068 filed by him on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3068 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 22:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Horn Judge
  Kibbie McCoy Neuhauser Palmer
  Szymoniak Vilsack
  448 JOURNAL OF THE SENATE 50th Day
  Nays, 26:

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

  Absent or not voting, 2:

  Black, J. Lundby

  Amendment S-3068 lost.

  Senator Gronstal offered amendment S-3069 filed by him on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3069 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 21:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Palmer Szymoniak
  Vilsack

  Nays, 26:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Drake Halvorson
  Hedge Jensen King Kramer
  Lind Maddox McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman

  Absent or not voting, 3:

  Black, J. Iverson Lundby
  50th Day MONDAY, MARCH 3, 1997 449
  Amendment S-3069 lost.

  Senator Szymoniak offered amendment S-3065 filed by her on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3065 lost by a voice vote.

  Senator Gronstal offered amendment S-3042 filed by him on
  February 12, 1997, to page 1 and the title page of the bill.

  Senator Borlaug raised the point of order that amendment S-3042
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3042 out
  of order.

  Senator Vilsack offered amendment S-3071 filed by him on
  February 19, 1997, to page 1 of the bill, moved its adoption and
  requested a non record roll call.

  A record roll call was requested.

  On the question "Shall amendment S-3071 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 21:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Halvorson Hammond
  Hansen Horn Judge Kibbie
  McCoy Neuhauser Palmer Szymoniak
  Vilsack

  Nays, 26:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Drake Freeman
  Hedge Iverson Jensen King
  Kramer Lind Maddox McKean
  McKibben McLaren Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Tinsman Zieman
  450 JOURNAL OF THE SENATE 50th Day
  Absent or not voting, 3:

  Black, J. Lundby Rife

  Amendment S-3071 lost.

  Senator Neuhauser offered amendment S-3105 filed by Senators
  Neuhauser and Hammond from the floor to page 1 of the bill and
  moved its adoption.

  Amendment S-3105 lost by a voice vote.

  Senator Hansen offered amendment S-3103 filed by him from the
  floor to page 1 of the bill.

  Senator Borlaug raised the point of order that amendment S-3103
  was not germane to the bill.

  The Chair ruled the point well taken and amendment S-3103 out
  of order.

  Senator Hansen offered amendment S-3070 filed by Senators
  Hansen, et al., on February 19, 1997, to page 1 of the bill, moved its
  adoption and requested a record roll call.

  On the question "Shall amendment S-3070 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 20:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Fink Flynn Fraise
  Gettings Gronstal Hammond Hansen
  Horn Judge Kibbie McCoy
  Neuhauser Palmer Szymoniak Vilsack

  Nays, 27:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Drake Freeman
  Halvorson Hedge Iverson Jensen
  King Kramer Lind Maddox
  McKean McKibben McLaren Redfern
  50th Day MONDAY, MARCH 3, 1997 451
  Redwine Rehberg Rensink Rittmer
  Schuerer Tinsman Zieman

  Absent or not voting, 3:

  Black, J. Lundby Rife

  Amendment s-3070 lost.

  The Chair stated that amendment S-3060 by Senator King to page
  1 of the bill, deferred February 19, 1997, and amendment S-3063
  filed by Senator King on February 19, 1997, to page 1 of the bill, were
  out of order.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Black of Kossuth and Lundby for the day on request of Senator
  Iverson.

  BUSINESS PENDING

  Senate File 58

  The Senate resumed consideration of Senate File 58.

  Senator Gronstal offered amendment S-3062 filed by him on
  February 19, 1997, to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3062 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 24:

  Black, D. Boettger Connolly Dearden
  Deluhery Dvorsky Fink Flynn
  Fraise Freeman Gettings Gronstal
  Halvorson Hammond Hansen Horn
  Judge Kibbie Lind McCoy
  Neuhauser Palmer Szymoniak Vilsack
  452 JOURNAL OF THE SENATE 50th Day
  Nays, 24:

  Angelo Bartz Behn Borlaug
  Douglas Drake Hedge Iverson
  Jensen King Kramer Maddox
  McKean McKibben McLaren Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Zieman

  Absent or not voting, 2:

  Black, J. Lundby

  Amendment S-3062 lost.

  Senator Neuhauser offered amendment S-3099 filed by her from
  the floor to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3099 be adopted?" (S.F. 58)
  the vote was:

  Ayes, 23:

  Black, D. Connolly Dearden Deluhery
  Drake Dvorsky Fink Flynn
  Fraise Freeman Gettings Gronstal
  Hammond Hansen Horn Judge
  Kibbie McCoy Neuhauser Palmer
  Rife Szymoniak Vilsack

  Nays, 25:

  Angelo Bartz Behn Boettger
  Borlaug Douglas Halvorson Hedge
  Iverson Jensen King Kramer
  Lind Maddox McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Rittmer Schuerer Tinsman
  Zieman

  Absent or not voting, 2:

  Black, J. Lundby
  50th Day MONDAY, MARCH 3, 1997 453
  Amendment S-3099 lost.

  Senator Neuhauser offered amendment S-3100 filed by her from
  the floor to page 1 of the bill and moved its adoption.

  Amendment S-3100 was adopted by a voice vote.

  Senator Rittmer filed the following motion to reconsider from the
  floor and moved its adoption:

  MADAM PRESIDENT: I move to reconsider the vote by which amendment S-3062
  to Senate File 58 failed to pass the Senate on March 3, 1997.

  A non record roll call was requested.

  The ayes were 26, nays 21.

  The motion prevailed and amendment S-3062 by Senator Gronstal
  to page 1 of the bill was taken up for reconsideration.

  Senator Gronstal asked unanimous consent that action on
  amendment S-3062 and Senate File 58 be deferred.

  Senator Gronstal withdrew his request to defer.

  Senator Gronstal moved the adoption of amendment S-3062,
  which motion prevailed by a voice vote.

  Senator King 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. 58) the vote was:

  Ayes, 36:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Douglas Drake
  Flynn Fraise Freeman Gettings
  Halvorson Hansen Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Lind Maddox
  454 JOURNAL OF THE SENATE 50th Day
  McKean McKibben McLaren Redfern
  Redwine Rehberg Rensink Rittmer
  Schuerer Tinsman Vilsack Zieman

  Nays, 12:

  Connolly Dearden Deluhery Dvorsky
  Fink Gronstal Hammond McCoy
  Neuhauser Palmer Rife Szymoniak

  Absent or not voting, 2:

  Black, J. Lundby

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  INTRODUCTION OF BILLS

  Senate File 266, by Tinsman, Boettger, Szymoniak, Bartz, and
  Behn, a bill for an act establishing a domestic abuse death review
  team and providing for membership, duties, immunity for members
  acting in their official capacity, and confidentiality.

  Read first time and passed on file.

  Senate File 267, by Hammond and Dearden, a bill for an act
  requiring rest breaks during work for certain employees and
  providing penalties.

  Read first time and passed on file.

  Senate File 268, by Judge, a bill for an act relating to the taxation
  of certain mobile homes, and specifying effective and applicability
  dates.

  Read first time and passed on file.

  Senate File 269, by Rittmer, a bill for an act relating to the health
  care provider determination of need for the issuance of handicapped
  special plates and making a civil penalty applicable.

  Read first time and passed on file.
  50th Day MONDAY, MARCH 3, 1997 455
  Senate File 270, by Rife, a bill for an act relating to establishing
  higher education savings accounts to be used for higher education
  expenses, providing an income tax deduction for contributions to the
  accounts and income tax exemptions for earnings of the account until
  withdrawn, and including an effective and retroactive applicability
  date provision.

  Read first time and passed on file.

  Senate File 271, by Maddox, a bill for an act relating to the
  confidentiality of information regarding a juvenile who has escaped
  from a detention facility.

  Read first time and passed on file.

  Senate File 272, by committee on Small Business, Economic
  Development and Tourism, a bill for an act relating to the
  implementation of certain assistance programs of the department of
  economic development.

  Read first time and placed on calendar.

  Senate File 273, by Gronstal, a bill for an act relating to the
  ownership of patient records maintained by health care providers and
  facilities and making a penalty applicable.

  Read first time and passed on file.

  Senate File 274, by Gronstal, a bill for an act relating to the
  appointment of a consumer advocate on insurance.

  Read first time and passed on file.

  Senate File 275, by Gronstal, a bill for an act establishing a
  disabled veterans special motor vehicle registration plate.

  Read first time and passed on file.
  456 JOURNAL OF THE SENATE 50th Day
  APPENDIX

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 127

  NATURAL RESOURCES & ENVIRON.: Bartz, Chair; D. Black and Zieman

  Senate File 155

  NATURAL RESOURCES & ENVIRONMENT: Bartz, Chair; D. Black and Zieman

  Senate File 161

  APPROPRIATIONS: Rife, Chair; D. Black and Rensink

  Senate File 213

  HUMAN RESOURCES: Schuerer, Chair; Behn and Dvorsky

  Senate File 237

  HUMAN RESOURCES: Boettger, Chair; Hammond and Tinsman

  Senate File 244

  APPROPRIATIONS: McLaren, Chair; Rensink and Vilsack

  House File 81

  NATURAL RESOURCES & ENVIRON.: Freeman, Chair; Dearden and McKibben

  House File 250

  NATURAL RESOURCES & ENVIRON.: Bartz, Chair; Borlaug and Judge

  SSB 199

  BUSINESS AND LABOR: Jensen, Chair; Horn and King

  SSB 200

  NATURAL RESOURCES & ENVIRONMENT: Bartz, Chair; D. Black and Zieman

  SSB 201

  BUSINESS AND LABOR: Rife, Chair; Horn and Zieman

  SSB 204

  APPROPRIATIONS: Behn, Chair; Neuhauser and Rensink
  50th Day MONDAY, MARCH 3, 1997 457
  AMENDMENTS FILED

  S(3103 S. F.  58 Steven D. Hansen
  S(3104 S. F.  246 Bill Fink
  S(3105 S. F.  58 Mary Neuhauser
  Johnie Hammond
  S(3106 S. F.  246 Merlin E. Bartz
  Patty Judge

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  247 Human Resources
  S. F.  248 Judiciary
  S. F.  249 Local Government
  S. F.  254 Agriculture
  S. F.  255 Human Resources
  S. F.  256 State Government
  S. F.  257 Human Resources
  S. F.  258 Local Government
  S. F.  259 Commerce
  S. F.  260 State Government
  S. F.  261 Ways and Means
  S. F.  262 State Government
  S. F.  263 Education
  S. F.  264 Education
  S. F.  265 Education
  S. F.  266 Human Resources
  S. F.  267 Business and Labor
  S. J. R. 10 State Government
  H. C. R. 10 State Government
  H. C. R. 11 State Government
  H. F.  82 Commerce
  H. F.  275 Commerce

  COMMITTEE REPORT

  SMALL BUSINESS AND ECONOMIC DEVELOPMENT
  458 JOURNAL OF THE SENATE 50th Day
  Final Bill Action: SENATE FILE 272 (SSB 75), a bill for an act relating to
  the
  implementation of certain assistance programs of the department of economic
  development.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 10: Rittmer, Hansen, Douglas, Flynn, Hammond, King, McCoy,
  Palmer, Redwine and Schuerer. Nays, none. Absent or not voting, 3: Lundby,
  Boettger
  and Lind.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 7:21 p.m.,
  until 9:00 a.m., Tuesday, March 4, 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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