Senate Journal: Tuesday, March 4, 1997

  FIFTY-FIRST CALENDAR DAY
  THIRTIETH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Tuesday, March 4, 1997


  The Senate met in regular session at 9:06 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Celine A. Burke, pastor of St.
  John's Episcopal Church, Clinton, Iowa.

  The Journal of Monday, March 3, 1997, was approved.

  LEAVES OF ABSENCE

  Leaves of absence were granted as follows:

  Senators Fink and Szymoniak until they arrive on request of Senator
  Gronstal;
  Senators Black of Kossuth and Lundby until they arrive on request of Senator
  Iverson,
  and Senator McLaren until he arrives on request of Senator Rife.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 58 and House File 191 be immediately messaged to
  the House.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  House Concurrent Resolution 7

  On motion of Senator Tinsman, House Concurrent Resolution 7, a
  concurrent resolution recognizing the women who served Iowa as
  state legislators through Iowa's sesquicentennial year, 1996, and
  celebrating 100 years of women elected to state legislatures, with
  report of committee recommending passage, was taken up for
  consideration.
  460 JOURNAL OF THE SENATE 51st Day
  Senator Tinsman moved the adoption of House Concurrent
  Resolution 7, which motion prevailed by a voice vote.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senate File 176

  On motion of Senator Tinsman, Senate File 176, a bill for an act
  relating to child sexual abuse reporting, was taken up for
  consideration.

  Senator Flynn asked and received unanimous consent that action
  on Senate File 176 be deferred.

  Senate File 214

  On motion of Senator Borlaug, Senate File 214, a bill for an act
  relating to the regulation of the use and disposal of sewage sludge
  and providing a penalty, was taken up for consideration.

  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. 214) the vote was:

  Ayes, 45:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Flynn Fraise Freeman Gettings
  Gronstal Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge Kibbie King Kramer
  Lind Maddox McCoy McKean
  McKibben Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Vilsack
  Zieman

  Nays, none.

  Absent or not voting, 5:

  Black, J. Fink Lundby McLaren
  Szymoniak
  51st Day TUESDAY, MARCH 4, 1997 461
  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 File 214 and House Concurrent Resolution 7 be
  immediately messaged to the House.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Maddox until he returns on request of Senator Bartz.

  BUSINESS PENDING

  Senate File 176

  The Senate resumed consideration of Senate File 176, a bill for an
  act relating to child sexual abuse reporting, previously deferred.

  Senator Tinsman 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. 176) the vote was:

  Ayes, 44:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Flynn Fraise Freeman Gettings
  Gronstal Halvorson Hammond Hansen
  Hedge Horn Iverson Jensen
  Judge Kibbie King Kramer
  Lind McCoy McKean McKibben
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 6:

  Black, J. Fink Lundby Maddox
  McLaren Szymoniak
  462 JOURNAL OF THE SENATE 51st Day
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senator Iverson asked and received unanimous consent that
  Senate File 176 be immediately messaged to the House.

  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 4, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  Senate File 59, a bill for an act relating to the disposition of
  emergency medical care provider certification fees.

  ALSO: That the House has on March 4, 1997, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 142, a bill for an act relating to the hunting of deer
  with a pistol or revolver and providing a penalty.

  This bill was read first time and passed on file.

  House File 373, a bill for an act to legalize certain unified law
  enforcement district tax levies and providing an effective date.

  This bill was read first time and assigned to the committee on
  Local Government.

  INTRODUCTION OF BILLS

  Senate File 276, by Kibbie, a bill for an act to prohibit new
  campaign advertising within five days of an election, and applying
  penalties.

  Read first time and passed on file.

  Senate File 277, by Douglas, a bill for an act relating to the
  criteria for issuance of handicapped special plates and making a civil
  penalty applicable.
  51st Day TUESDAY, MARCH 4, 1997 463
  Read first time and passed on file.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:50 a.m.,
  until 3:30 p.m.
  464 JOURNAL OF THE SENATE 51st Day
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened: March 3, 1997, 12:05 p.m.

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

  Members Absent: none.

  Committee Business: Approved and submitted proposed appropriations bill to
  the
  full Appropriations Committee.

  Adjourned: 1:10 p.m.

  JUDICIARY

  Convened: March 3, 1997, 2:45 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: Approved SSB 116 and Senate File 139 as committee bills.

  Adjourned: 3:36 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: March 3, 1997, 1:40 p.m.

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

  Members Absent: J. Black (excused).

  Committee Business: Assigned bills to subcommittees; amended and approved
  SSBs
  98 and 67 as committee bills; deferred action on SSB 200.

  Adjourned: 2:29 p.m.

  SMALL BUSINESS AND ECONOMIC DEVELOPMENT

  Convened: March 3, 1997, 1:45 p.m.
  51st Day TUESDAY, MARCH 4, 1997 465
  Members Present: Rittmer, Chair; Hansen, Ranking Member; Douglas, Flynn,
  Hammond, King, McCoy, Palmer, Redwine and Schuerer.

  Members Absent: Lundby, Vice Chair; Boettger (excused) and Lind.

  Committee Business: Approved SSB 75 as a committee bill and assigned study
  bill
  to subcommittee.

  Adjourned: 1:50 p.m.

  EXPLANATION OF VOTES

  MADAM PRESIDENT: I was necessarily absent from the Senate on February 27,
  1997, when the votes were taken on the following:

  Had I been present, I would have voted "aye" on Senate Files 59, 230, 132,
  177 and
  16.

  MIKE CONNOLLY

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action:  HOUSE FILE 92, a bill for an act relating to eligibility
  for receipt
  of moneys under the school improvement technology program.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3109.

  Final Vote: Ayes, 11: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky,
  Kibbie,
  Neuhauser, Redwine, Rensink and Tinsman. Nays, none. Absent or not voting,
  4: J.
  Black, Fink, Lind and Szymoniak.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  JUDICIARY

  Final Bill Action: SENATE FILE 280 (formerly Senate File 139), a bill for an
  act
  providing immunity from civil liability for an employer or employer's
  representative
  who acts reasonably in providing information about a current or former
  employee of
  the employer.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 14 McKean, Maddox, Angelo, Boettger, Drake, Fraise,
  Halvorson,
  Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, 1:
  Neuhauser.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:
  466 JOURNAL OF THE SENATE 51st Day
  Final Bill Action: SENATE FILE 281 (SSB 116), a bill for an act relating to
  judicial
  administration.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 14 McKean, Maddox, Neuhauser, Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack.
  Nays,
  none. Absent or not voting, 1: Fraise.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action: SENATE FILE 284 (SSB 67), a bill for an act relating to
  review
  and oversight of actions of the ozone transport assessment group.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 285 (SSB 98), a bill for an act relating to
  household
  hazardous materials and retail labeling requirements.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 9: Bartz, Angelo, Borlaug, Freeman, Hedge, Judge,
  McKibben,
  Rehberg and Zieman. Nays, 5: Fink, D. Black, Dearden, Deluhery and Dvorsky.
  Absent or not voting, 1: J. Black.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  STUDY BILLS RECEIVED

  SSB 203 Human Resources

  Revising provisions of the family investment and job opportunities
  and basic skills programs administered by the department of human
  services, amending certain child support provisions, providing for
  fraudulant practices, and providing an effective date.
  51st Day TUESDAY, MARCH 4, 1997 467
  SSB 205 State Government

  A Joint Resolution proposing an amendment to the Constitution of
  the State of Iowa requiring the maintenance of a cash reserve fund
  and an economic emergency fund.

  SSB 206 State Government

  Relating to the adoption of the interstate emergency management
  assistance compact.

  SSB 207 Natural Resources

  Relating to refunds for tonnage fees paid by operators of sanitary
  landfills.

  SSB 208 Education

  Establishing the enrich Iowa program for eligible public libraries
  and making an appropriation.

  SSB 209 Judiciary

  Relating to limited partnerships and the rights and duties of
  limited partners, partnership agreements, duties of the secretary of
  state with respect to limited partnerships, and other related matters
  affecting foreign and domestic limited partnerships, and establishing
  fees and penalties.

  SSB 210 Natural Resources

  Relating to the measurement of waste streams for purposes of
  waste volume reduction.

  SSB 211 State Government

  Providing for the qualifications of certain members of the
  investment board of the Iowa public employees' retirement system.

  SSB 212 Local Government

  Relating to factory built homes and mobile home parks.
  468 JOURNAL OF THE SENATE 51st Day
  SSB 213 State Government

  Relating to the state workers' compensation coverage for students
  participating in school-to-work programs and providing for related
  matters.

  SSB 214 Agriculture

  Relating to animal feeding operations by providing for the
  regulation of multiple facilities as a single operation.

  SUBCOMMITTEE ASSIGNMENTS

  Senate Joint Resolution 10

  STATE GOVERNMENT: Lundby, Chair; Halvorson and King

  Senate File 220

  EDUCATION: J. Black, Chair; Angelo and Fink

  Senate File 242

  STATE GOVERNMENT: King, Chair; Halvorson and McKibben

  Senate File 245

  EDUCATION: Boettger,Chair; Fink and Rehberg

  Senate File 247

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

  Senate File 249

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

  Senate File 254

  AGRICULTURE: Kibbie, Chair; Behn and Zieman

  Senate File 255

  HUMAN RESOURCES: Schuerer, Chair; Behn and Dvorsky

  Senate File 256

  STATE GOVERNMENT: Lind, Chair; Szymoniak and Tinsman

  Senate File 257

  HUMAN RESOURCES: Redwine, Chair; Behn and Dvorsky
  51st Day TUESDAY, MARCH 4, 1997 469
  Senate File 258

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

  Senate File 260

  STATE GOVERNMENT: Drake, Chair; Halvorson and Lundby

  Senate File 261

  WAYS AND MEANS: McKibben, Chair; Connolly and Douglas

  Senate File 262

  STATE GOVERNMENT: Lundby, Chair; Gronstal and King

  Senate File 266

  HUMAN RESOURCES: Tinsman, Chair; Boettger and Szymoniak

  Senate File 267

  BUSINESS AND LABOR: Dearden, Chair; Behn and Freeman

  House Concurrent Resolution 6

  SMALL BUSINESS AND ECON. DEVELOPMT: Schuerer, Chair; Hammond and
  King

  House Concurrent Resolution 10

  STATE GOVERNMENT: Kibbie, Chair; Lind and Rittmer

  House Concurrent Resolution 11

  STATE GOVERNMENT: Kibbie, Chair; Lind and Rittmer

  House File 331

  EDUCATION: Redwine, Chair; Neuhauser and Rehberg

  House File 373

  LOCAL GOVERNMENT: Angelo, Chair; Connolly and Redwine

  SSB 203

  HUMAN RESOURCES: Tinsman, Chair; Boettger, Hammond, Redwine and
  Szymoniak
  470 JOURNAL OF THE SENATE 51st Day
  SSB 205

  STATE GOVERNMENT: McLaren, Chair; Kibbie and Lind

  SSB 206

  STATE GOVERNMENT: Drake, Chair; Kibbie and Lind

  SSB 207

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

  SSB 208

  EDUCATION: Rensink, Chair; Dvorsky and Tinsman

  SSB 210

  NATURAL RESOURCES & ENVIRONMENT: Judge, Chair; D. Black and Rehberg

  SSB 211

  STATE GOVERNMENT: Rittmer, Chair; Kibbie and Lind

  SSB 212

  LOCAL GOVERNMENT: Boettger, Chair; Dearden and Redwine

  SSB 213

  STATE GOVERNMENT: Lind, Chair; Kibbie and Szymoniak

  AMENDMENTS FILED

  S(3107 S. F.  229 Richard F. Drake
  S(3108 S. F.  237 Richard F. Drake
  Stewart Iverson, Jr.
  Don Gettings
  Eugene Fraise
  Jack Rife
  Elaine Szymoniak
  S(3109 H. F.  92 Education
  51st Day TUESDAY, MARCH 4, 1997 471
  AFTERNOON SESSION

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

  INTRODUCTION OF BILLS

  Senate Joint Resolution 11, by Black of Jasper and Schuerer, a
  joint resolution proposing an amendment to the Constitution of the
  State of Iowa granting home rule power and authority to local school
  districts.

  Read first time and passed on file.

  Senate File 278, by Neuhauser and McKibben, a bill for an act
  relating to the right of crime victims to be present at all public
  proceedings where the accused or convicted persons have the right to
  be present, and providing a notification procedure.

  Read first time and passed on file.

  Senate File 279, by Kibbie, a bill for an act relating to the sale of
  oxygenated gasoline, making a penalty applicable, and providing an
  effective date.

  Read first time and passed on file.

  Senate File 280, by committee on Judiciary, a bill for an act
  providing immunity from civil liability for an employer or employer's
  representative who acts reasonably in providing information about a
  current or former employee of the employer.

  Read first time and placed on calendar.

  Senate File 281, by committee on Judiciary, a bill for an act
  relating to judicial administration.

  Read first time and placed on calendar.

  Senate File 282, by Flynn, a bill for an act providing for the civil
  liability of certain persons who knowingly fail to report child abuse or
  a sexual crime against a child.
  472 JOURNAL OF THE SENATE 51st Day
  Read first time and passed on file.

  Senate File 283, by Szymoniak, a bill for an act creating a
  commission of Asian-Pacific persons within the department of human
  rights.

  Read first time and passed on file.

  Senate File 284, by committee on Natural Resources and
  Environment, a bill for an act relating to review and oversight of
  actions of the ozone transport assessment group.

  Read first time and placed on calendar.

  Senate File 285, by committee on Natural Resources and
  Environment, a bill for an act relating to household hazardous
  materials and retail labeling requirements.

  Read first time and placed on calendar.

  Senate File 286, by Neuhauser, a bill for an act relating to requests
  for polygraphs from sexual abuse victims or witnesses.

  Read first time and passed on file.

  Senate File 287, by Drake and Lind, a bill for an act relating to
  school finance, providing for payment of an open enrollment state aid
  amount per pupil to an open enrollment receiving district, and
  providing an applicability provision.

  Read first time and passed on file.

  Senate File 288, by Neuhauser, a bill for an act relating to driver's
  license issuance and surrender when a person is under age eighteen
  and fails to attend school or possess a high school diploma or its
  equivalent.

  Read first time and passed on file.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  File 225 be referred from the Regular Calendar to the committee on
  Judiciary.
  51st Day TUESDAY, MARCH 4, 1997 473
  QUORUM CALL

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

  The vote revealed 44 present, 6 absent and a quorum present.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senate File 83

  On motion of Senator Freeman, Senate File 83, a bill for an act
  relating to property taxation of property given to the state or a
  political subdivision upon which a life estate is retained, with report
  of committee recommending passage, was taken up for consideration.

  Senator Freeman 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. 83) the vote was:

  Ayes, 38:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  Flynn Fraise Freeman Gettings
  Gronstal Hansen Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Lind Maddox
  McCoy McKibben McLaren Palmer
  Redfern Redwine Rehberg Rensink
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, 10:

  Black, D. Connolly Dearden Deluhery
  Dvorsky Halvorson Hammond Lundby
  McKean Neuhauser

  Absent or not voting, 2:

  Fink Rife
  474 JOURNAL OF THE SENATE 51st Day
  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 184

  On motion of Senator Zieman, Senate File 184, a bill for an act
  relating to collection of fees charged prisoners for room and board, by
  providing for the entry of judgment against the prisoner and
  enforcement of the judgment through writ of execution, was taken up
  for consideration.

  Senator Connolly offered amendment S-3077 filed by him on
  February 24, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3077 was adopted by a voice vote.

  Senator Zieman 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. 184) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie 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, 1:

  Fink
  51st Day TUESDAY, MARCH 4, 1997 475
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senate File 222

  On motion of Senator Drake, Senate File 222, a bill for an act
  relating to the use tax on motor vehicle leasing, 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. 222) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie 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, 1:

  Fink

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  476 JOURNAL OF THE SENATE 51st Day
  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senate Concurrent Resolution 5

  On motion of Senator Szymoniak, Senate Concurrent Resolution 5,
  a concurrent resolution designating March 1997 as Iowa women's
  History Month, with report of committee recommending passage, was
  taken up for consideration

  Senator Szymoniak moved the adoption of Senate Concurrent
  Resolution 5, which motion prevailed by a voice vote.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senate File 219

  On motion of Senator Judge, Senate File 219, a bill for an act
  relating to trespassing or stray livestock and providing remedies and
  an effective date, was taken up for consideration.

  Senator Judge 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. 219) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lind Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.
  51st Day TUESDAY, MARCH 4, 1997 477
  Absent or not voting, 1:

  Fink

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

  Senate File 233

  On motion of Senator Rittmer, Senate File 233, a bill for an act
  concerning eligible alternative retirement benefit systems for newly
  employed community college employees, and providing an
  applicability date, was taken up for consideration.

  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?" (S.F. 233) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie 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, 1:

  Fink

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  478 JOURNAL OF THE SENATE 51st Day
  Senate File 229

  On motion of Senator Drake, Senate File 229, a bill for an act
  relating to the issuance of motor vehicle licenses for certain law
  enforcement officers and providing penalties, was taken up for
  consideration.

  Senator Drake offered amendment S-3107 filed by him from the
  floor to page 2 and the title page of the bill and moved its adoption.

  Amendment S-3107 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. 229) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lind Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Fink Rife

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

  Senate File 231

  On motion of Senator Rensink, Senate File 231, a bill for an act
  restricting the use of spray irrigation equipment on land draining into
  agricultural drainage wells, was taken up for consideration.
  51st Day TUESDAY, MARCH 4, 1997 479
  Senator Rensink 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. 231) the vote was:

  Ayes, 48:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie King
  Kramer Lind Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rittmer Schuerer
  Szymoniak Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 2:

  Fink Rife

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

  Senate File 235

  On motion of Senator Behn, Senate File 235, 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, was taken up for
  consideration.

  Senator Behn 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. 235) the vote was:
  480 JOURNAL OF THE SENATE 51st Day
  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie 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, 1:

  Fink

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

  Senate File 238

  On motion of Senator Redfern, Senate File 238, 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, was taken up for
  consideration.

  Senator Redfern 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. 238) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  Dvorsky Flynn Fraise Freeman
  51st Day TUESDAY, MARCH 4, 1997 481
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Jensen Judge Kibbie 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, 1:

  Fink

  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 83, 184, 219, 222, 229, 231, 233, 235 and 238 and
  Senate Concurrent Resolution 5 be immediately messaged to
  the House.

  INTRODUCTION OF BILLS

  Senate File 289, by Gronstal, a bill for an act relating to annually
  reporting all economic support given by state, county, and city
  governments.

  Read first time and passed on file.

  Senate File 290, by Gronstal, a bill for an act providing for the
  compilation of information relating to and creating cost effectiveness
  analysis of economic development programs.

  Read first time and passed on file.

  Senate File 291, by committee on Agriculture, a bill for an act
  relating to provisions in contracts for the sale of grain executed by
  agricultural producers and grain dealers.
  482 JOURNAL OF THE SENATE 51st Day
  Read first time and placed on calendar.

  Senate File 292, by committee on Agriculture, a bill for an act
  relating to cooperative corporations, by providing for the transfer of
  stock, the allocation of patronage dividends upon termination of
  membership, and dissolution.

  Read first time and placed on calendar.

  Senate File 293, by committee on Commerce, a bill for an act
  increasing the property damage limit for mandatory reporting of
  motor vehicle accidents.

  Read first time and placed on calendar.

  Senate File 294, by committee on Education, a bill for an act
  authorizing the state board of educational examiners to establish the
  term of a school administrator's license.

  Read first time and placed on calendar.

  Senate File 295, by committee on Commerce, a bill for an act
  relating to finance charges upon refinancing and consolidation of
  debts involving consumer credit transactions.

  Read first time and placed on calendar.
  51st Day TUESDAY, MARCH 4, 1997 483
  APPENDIX

  GOVERNOR'S APPOINTEES PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointees assigned to a standing committee for investigation
  were
  placed on the Individual Confirmation Calendar with recommendation for
  confirmation on March 4, 1997:

  COMMERCE

  Mary Jean Montgomery and Mark J. Schouten as members of the Iowa
  Telecommunications and Technology Commission.

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action: SENATE FILE 291 (formerly Senate File 243), a bill for an
  act
  relatingto provisions in contracts for the sale of grain executed by
  agricultural
  producers and grain dealers.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 292 (SSB 175), a bill for an act relating to
  cooperative corporations, by providing for the transfer of stock, the
  allocation of
  patronage dividends upon termination of membership, and dissolution.

  Recommendation: APPROVED COMMITTEE BILL.

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

  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
  292 and they were attached to the committee report.

  COMMERCE

  Final Bill Action: SENATE FILE 293 (SSB 104), a bill for an act increasing
  the
  property damage limit for mandatory reporting of motor vehicle accidents.
  484 JOURNAL OF THE SENATE 51st Day

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery, Douglas, Flynn, Gronstal,
  Hansen,
  King, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none. Absent or not
  voting, 2:
  Bartz and Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 295 (SSB 49), a bill for an act relating to
  finance
  charges upon refinancing and consolidation of debts involving consumer
  credit
  transactions.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Jensen, Schuerer, Douglas, Flynn, Gronstal, Hansen,
  King,
  Maddox, McCoy, Palmer, Redfern and Rife. Nays, 1: Deluhery. Absent or not
  voting, 2:
  Bartz and Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 296 (SSB 51), a bill for an act relating to
  nonoccupational health care plan payments when an employer disputes workers'
  compensation liability.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Jensen, Schuerer, Deluhery Douglas, Flynn, Gronstal,
  Hansen,
  King, Maddox, McCoy, Palmer, Redfern and Rife. Nays, none. Absent or not
  voting, 2:
  Bartz and Lundby.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  EDUCATION

  Final Bill Action: SENATE FILE 294 (SSB 31), a bill for an act authorizing
  the state
  board of educational examiners to establish the term of a school
  administrator's
  license.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Redfern, Rehberg, Connolly, Angelo, Boettger, Dvorsky,
  Kibbie,
  Lind, Neuhauser, Redwine, Rensink, and Tinsman. Nays, none. Absent or not
  voting,
  3: J. Black, Fink and Szymoniak.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  51st Day TUESDAY, MARCH 4, 1997 485
  HUMAN RESOURCES

  Final Bill Action: *SENATE FILE 153, a bill for an act relating to medical
  malpractice actions by modifying the statute of limitations for minors.

  Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT
  S(3111.

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

  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 153 and they were attached to the committee report.

  LOCAL GOVERNMENT

  Final Bill Action: HOUSE FILE 373, a bill for an act to legalize certain
  unified law
  enforcement district tax levies and providing an effective date.

  Recommendation: DO PASS.

  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.

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  268 Ways and Means
  S. F.  269 Transportation
  S. F.  270 Ways and Means
  S. F.  271 Judiciary
  S. F.  273 Human Resources
  S. F.  274 Commerce
  S. F.  275 Transportation
  S. F.  276 State Government
  S. F.  277 Transportation
  S. F.  278 Judiciary
  S. F.  279 Agriculture
  S. F.  282 Human Resources
  S. F.  283 State Government
  486 JOURNAL OF THE SENATE 51st Day
  S. F.  286 Judiciary
  S. F.  287 Education
  S. F.  288 Transportation
  S. J. R. 11 Education
  H. F.  142 Natural Resources

  INTRODUCTION OF BILLS

  Senate File 296, by committee on Commerce, a bill for an act
  relating to nonoccupational health care plan payments when an
  employer disputes workers' compensation liability.

  Read first time under rule 28 and placed on calendar.

  Senate File 297, by Tinsman, a bill for an act relating to highway
  construction worker safety.

  Read first time under rule 28 and passed on file.

  AMENDMENTS FILED

  S(3110 S. F.  252 Michael E. Gronstal
  S(3111 S. F.  153 Human Resources
  S(3112 S. F.  188 Jim Lind


  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:11 p.m.,
  until 9:00 a.m., Wednesday, March 5, 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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