Senate Journal: Thursday, March 6, 1997

  FIFTY-THIRD CALENDAR DAY
  THIRTY-SECOND SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, March 6, 1997


  The Senate met in regular session at 9:09 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Paul Schaedig, pastor of the
  Bremwood Lutheran Home, Waverly, Iowa.

  The Journal of Wednesday, March 5, 1997, was approved.

  HOUSE MESSAGE RECEIVED

  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 March 5, 1997, passed the following bill in which the concurrence of
  the House
  was asked:

  Senate File 160, a bill for an act relating to funds held by life
  insurance companies and providing an effective date.

  INTRODUCTION OF BILLS

  Senate File 319, by Kibbie, a bill for an act requiring a person to
  have liability insurance before the person's vehicle registration may
  be renewed.

  Read first time and passed on file.

  Senate File 320, by Gronstal, a bill for an act relating to fees
  assessed by a financial institution against such institution's
  customers or members for a transaction involving the use of a
  satellite terminal.
  53rd Day THURSDAY, MARCH 6, 1997 507
  Read first time and passed on file.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McCoy until he arrives on request of Senator Palmer.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:15 a.m.,
  until 4:00 p.m.
  508 JOURNAL OF THE SENATE 53rd Day
  APPENDIX

  EXPLANATION OF VOTE

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on March
  5, 1997, when the vote was taken on House Joint Resolution 10.

  Had I been present, I would have voted "aye" on the bill.

  MATT McCOY

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened: March 5, 1997, 8:35 a.m.

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

  Members Absent: Gettings.

  Committee Business: Recommended passage of Senate File 203 as amended;
  amended and approved SSB 174 and Senate File 254 as committee bills.

  Adjourned: 8:55 a.m.

  BUSINESS AND LABOR

  Convened: March 5, 1997, 2:15 p.m.

  Members Present: Rife, Chair; King, Vice Chair; Dearden, Ranking Member;
  Behn,
  Freeman, Gettings, Jensen, Palmer and Schuerer.

  Members Absent: Horn (excused) and Zieman.

  Committee Business: Recommended confirmation of governor's appointees and
  discussed and deferred action on Senate File 267.

  Adjourned: 2:36 p.m.

  COMMERCE

  Convened: March 5, 1997, 11:36 a.m.

  Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member;
  Bartz, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer and
  Redfern.

  Members Absent: Douglas and Rife.
  53rd Day THURSDAY, MARCH 6, 1997 509
  Committee Business: Approved SSB 53 as a committee bill; amended and
  approved
  SSBs 172, 14 and 105 as committee bills.

  Adjourned: 12:27 p.m.

  EDUCATION

  Convened: March 5, 1997, 2:14 p.m.

  Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking
  Member;
  Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine,
  Rensink, Szymoniak and Tinsman.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; presentation by
  representatives of East Union schools and Moulton school district on at-risk
  and year-
  long schooling programs; approved SSB 190 as a committee bill.

  Adjourned: 3:07 p.m.

  JUDICIARY

  Convened: March 5, 1997, 4:07 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; amended and approved
  SSBs
  36 and 58; recommended passage of House File 114.

  Adjourned: 5:25 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: March 5, 1997, 3:10 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: Recommended confirmation of governor's appointees and
  approved SSB 200 as a committee bill.

  Adjourned: 4:05 p.m.
  510 JOURNAL OF THE SENATE 53rd Day
  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened: March 5, 1997, 10:15 a.m.

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

  Members Absent: none.

  Committee Business: Discussed proposed appropriations bill.

  Adjourned: 11:05 a.m.

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Kyle Hansen, Wilton ( For winning the 1997 State high school wrestling
  tournament Class 1-A championship at 160 lbs. Senator Drake (3-6-97).

  Rob Hoback, Columbus Junction ( For winning 2nd place in the 1997 State high
  school wrestling tournament Class 2-A championship at 135 lbs. Senator Drake
  (3-6-
  97).

  Nick Marolf, Columbus Junction ( For winning 2nd place in the 1997 State
  high
  school wrestling tournament Class 2-A championship at 112 lbs. Senator Drake
  (3-6-
  97).

  Matt Pasvogel, Wilton ( For winning the 1997 State high school wrestling
  tournament Class 1-A championship at 103 lbs. Senator Drake (3-6-97).

  Jason Payne, Columbus Junction ( For winning the 1997 State high school
  wrestling tournament Class 2-A championship at 189 lbs. Senator Drake
  (3-6-97).

  J.D. Pugh, Columbus Junction ( For winning the 1997 State high school
  wrestling
  tournament Class 2-A championship at 119 lbs. Senator Drake (3-6-97).

  David Reid, Wapello ( For winning the 1997 State high school wrestling
  tournament
  Class 1-A championship at 189 lbs. Senator Drake (3-6-97).

  Ben Shirk, Wilton ( For winning the 1997 State high school wrestling
  tournament
  Class 1-A championship at 140 lbs. Senator Drake (3-6-97).

  Justin Stanley, Wilton ( For winning the 1997 State high school wrestling
  tournament Class 1-A championship at 112 lbs. Senator Drake (3-6-97).

  Columbus Junction High School wrestling team and Coach Bill Plein ( For
  winning
  the 1997 State high school wrestling tournament Class 2-A championship.
  Senator
  Drake (3-6-97).
  53rd Day THURSDAY, MARCH 6, 1997 511
  Wapello High School wrestling team and Coach Gavin Hjerleid ( For winning
  2nd
  place in the Class 1-A 1997 State high school wrestling tournament. Senator
  Drake (3-
  6-97).

  Wilton High School wrestling team and Coach Steve Shirk ( For winning the
  1997
  State high school wrestling tournament Class 1-A championship. Senator Drake
  (3-6-
  97).

  COMMITTEE REPORTS

  AGRICULTURE

  Final Bill Action: SENATE FILE 340 (formerly Senate File 203), a bill for an
  act
  providing for research regarding the production and marketingof industrial
  hemp.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D.
  Black, Fraise,
  Hedge, Kibbie, Rehberg, Vilsack and Zieman. Nays, 1: Rife. Absent or not
  voting, 1:
  Gettings.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 341 (formerly Senate File 254), a bill for an
  act
  prohibiting certain contracts for the delayed delivery and pricing of grain
  by
  agricultural producers and grain dealers.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D.
  Black, Fraise,
  Hedge, Kibbie, Rehberg, Rife and Vilsack. Nays, 1: Zieman. Absent or not
  voting, 1:
  Gettings.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  COMMERCE

  Final Bill Action: SENATE FILE 339 (SSB 53), a bill for an act relating to
  the delay
  of the repeal for the exemption of certain multiple employer welfare
  arrangements
  from regulation by the insurance division and providing an effective date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bartz, Flynn, Gronstal,
  Hansen,
  King, Lundby, Maddox, McCoy and Redfern. Nays, none. Absent or not voting,
  3:
  Douglas, Palmer and Rife.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  512 JOURNAL OF THE SENATE 53rd Day
  JUDICIARY

  Final Bill Action: HOUSE FILE 114, a bill for an act to legalize certain
  city and
  county deeds and conveyances.

  Recommendation: DO PASS.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  LOCAL GOVERNMENT

  Final Bill Action: SENATE FILE 336 (formerly Senate File 165), a bill for an
  act
  relating to studies and reports of county land preservation and use
  commissions, and
  providing an effective date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 9: Zieman, Behn, Fraise, Angelo, D. Black, Boettger,
  Connolly,
  Hansen and McKean. Nays, 4: J. Black, Dearden, Redwine and Rehberg.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  WAYS AND MEANS

  Final Bill Action: SENATE FILE 30, a bill for an act relating to the
  exemption from
  sales, services, and use taxes of adjuvants and surfactants used to enhance
  the
  application of fertilizers, limestone, herbicides, pesticides, and
  insecticides in
  agricultural production and providing effective and retroactive
  applicability date
  provisions.

  Recommendation: DO PASS.

  Final Vote: Ayes, 12: Douglas, McKibben, Palmer, Borlaug, Connolly,
  Deluhery,
  Drake, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and
  Vilsack.
  Nays, none. Absent or not voting, 3: Judge, Szymoniak and Vilsack.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  STUDY BILLS RECEIVED

  SSB 225 Agriculture

  Relating to statutory references to the Iowa beef industry council
  and increasing an excise tax on beef cattle upon a referendum.
  53rd Day THURSDAY, MARCH 6, 1997 513
  SSB 226 State Government

  Relating to public retirement systems by providing that member
  contributions under certain public retirement systems are considered
  employer contributions for state income tax purposes, and providing
  applicability and effective date provisions, and providing for the
  exclusion of certain publicly elected officials from membership, and
  the calculation of dividends for certain retirees, under the Iowa public
  employees' retirement system.

  SSB 227 Local Government

  Relating to the definition and location of a land-leased community.

  SSB 228 Local Government

  Authorizing county treasurers to retain a portion of the
  contributions to the anatomical gift public awareness and
  transplantation fund.

  SSB 229 Agriculture

  Prohibiting a habitual violator or person charged with violation
  from constructing or expanding a confinement feeding operation
  structure.

  SSB 230 Commerce

  Relating to the establishment of an E911 commission and
  establishing a surcharge.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 225

  JUDICIARY: Angelo, Chair; Boettger and Halvorson

  Senate File 226

  JUDICIARY: King, Chair; Angelo and Fraise
  514 JOURNAL OF THE SENATE 53rd Day
  Senate File 248

  JUDICIARY: McKibben, Chair; Drake, Neuhauser, Redfern and Vilsack

  Senate File 259

  COMMERCE: Deluhery, Chair; King and Lundby

  Senate File 268

  WAYS AND MEANS: Douglas, Chair; Connolly and Freeman

  Senate File 269

  TRANSPORTATION: Rittmer, Chair; Gettings and Jensen

  Senate File 270

  WAYS AND MEANS: McKibben, Chair; Connolly and Drake

  Senate File 271

  JUDICIARY: Maddox, Chair; Boettger, Hammond, Hansen and Tinsman

  Senate File 274

  COMMERCE: Schuerer, Chair; Hansen and Maddox

  Senate File 275

  TRANSPORTATION: Rittmer, Chair; Gettings and Jensen

  Senate File 277

  TRANSPORTATION: Gettings, Chair; Jensen and Rittmer

  Senate File 278

  JUDICIARY: McKibben, Chair; Neuhauser and Tinsman

  Senate File 288

  TRANSPORTATION: Drake, Chair; Borlaug and Fraise

  Senate File 297

  TRANSPORTATION: Drake, Chair; Gettings and Jensen

  Senate File 298

  LOCAL GOVERNMENT: Angelo, Chair; Fraise and Rehberg
  53rd Day THURSDAY, MARCH 6, 1997 515
  Senate File 302

  WAYS AND MEANS: McKibben, Chair; Freeman and Vilsack

  Senate File 305

  STATE GOVERNMENT: King, Chair; Halvorson and Lundby

  Senate File 307

  STATE GOVERNMENT: Lundby, Chair; Drake and Gronstal

  Senate File 309

  NATURAL RSOURCES & ENVIRON.: Bartz, Chair; J. Black, Fink, Hedge and Judge

  Senate File 310

  TRANSPORTATION: Drake, Chair; Gettings and Jensen

  House File 275

  COMMERCE: Lundby, Chair; King and Palmer

  House File 388

  WAYS AND MEANS: Drake, Chair; Douglas, McKibben, Palmer and Vilsack

  SSB 209

  JUDICIARY: Redfern, Chair; Tinsman and Vilsack

  SSB 222

  EDUCATION: Lind, Chair; Dvorsky and Rensink

  SSB 224

  BUSINESS AND LABOR: Freeman, Chair; Behn and Gettings

  SSB 225

  AGRICULTURE: Rehberg, Chair; Judge and Rife

  SSB 226

  STATE GOVERNMENT: Rittmer, Chair; Kibbie and McKibben

  SSB 227

  LOCAL GOVERNMENT: Fraise, Chair; McKean and Rehberg
  516 JOURNAL OF THE SENATE 53rd Day
  SSB 228

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

  SSB 229

  AGRICULTURE: Rensink, Chair; Bartz, J. Black, D. Black and Kibbie

  SSB 230

  COMMERCE: King, Chair; Flynn and Jensen

  GOVERNOR'S APPOINTEE PLACED ON EN BLOC CALENDAR

  The following appointee assigned to a standing committee for investigation
  was
  placed on the En Bloc Calendar with recommendation for confirmation on March
  6,
  1997:

  WAYS AND MEANS

  Maria M. Waterman, State Board of Tax Review.

  AMENDMENTS FILED

  S(3115 S. F.  136 William D. Palmer
  JoAnn Douglas
  S(3116 S. F.  221 Jeff Angelo
  S(3117 S. F.  317 Dick L. Dearden

  PLACEMENT ON INDIVIDUAL CONFIRMATION CALENDAR

  MADAM PRESIDENT: Pursuant to Senate Rule 59, I hereby request that the name
  of Roger A. Halvorson as Administrator of Professional Licensing and
  Regulation be
  removed from the "En Bloc Confirmation Calendar" and placed on the
  "Individual
  Confirmation Calendar.

  DENNIS BLACK
  53rd Day THURSDAY, MARCH 6, 1997 517
  AFTERNOON SESSION

  The Senate reconvened at 4:15 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 5, 1997, passed the following bill in which the concurrence of
  the Senate
  is asked:

  House File 212, a bill for an act relating to the taxation of real
  property used in the operation of a racetrack or racetrack enclosure.

  This bill was read first time and passed on file.

  ALSO: That the House has on March 6, 1997, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 226, a bill for an act relating to computation of time by
  which criminal sentences may be reduced for good behavior and
  providing for limited retroactive applicability.

  This bill was read first time and passed on file.

  House File 227, a bill for an act relating to the designation of
  certain correctional facilities.

  This bill was read first time and passed on file.

  House File 307, a bill for an act relating to the definition of an
  owner of a mercantile establishment for purposes of recovery of
  merchandise or damages.

  This bill was read first time and passed on file.

  INTRODUCTION OF BILLS

  Senate File 321, by Fraise, a bill for an act relating to the
  reimbursement of clinical social workers under a policy or contract
  providing for third-party payment or prepayment of health or medical
  expenses.
  518 JOURNAL OF THE SENATE 53rd Day
  Read first time and passed on file.

  Senate File 322, by Neuhauser, a bill for an act concerning gender
  balance for appointive committees of political subdivisions of the
  state.

  Read first time and passed on file.

  Senate File 323, by Maddox, a bill for an act requiring trains
  operating in this state to be equipped with at least one toilet.

  Read first time and passed on file.

  Senate File 324, by Maddox, a bill for an act relating to
  notification of school officials of persons under the age of eighteen
  who are identified as having possession of alcohol.

  Read first time and passed on file.

  Senate File 325, by Maddox, a bill for an act relating to the
  modification of domestic abuse no-contact orders.

  Read first time and passed on file.

  Senate File 326, by Szymoniak, a bill for an act providing coverage
  for certain dental-related expenses under a policy or contract
  providing for third-party payment or prepayment of health or medical
  expenses.

  Read first time and passed on file.

  Senate File 327, by Szymoniak, a bill for an act requiring
  registration of family day care homes, providing a penalty, and
  providing an effective date.

  Read first time and passed on file.

  Senate File 328, by Tinsman, a bill for an act relating to health
  care facilities by requiring employment checks of health care facility
  employees and providing for a registry of persons who are certified as
  a nurse aide or medication aide.
  53rd Day THURSDAY, MARCH 6, 1997 519
  Read first time and passed on file.

  Senate File 329, by Tinsman, a bill for an act relating to the
  offense of driving a motor vehicle when a license has been revoked or
  denied for driving while intoxicated, financial liability coverage and
  registration requirements for motor vehicles in this state, providing
  for the seizure of motor vehicle registration plates, and providing
  penalties and conditional effective dates.

  Read first time and passed on file.

  Senate File 330, by Tinsman, a bill for an act relating to payment
  of restitution for the cost of emergency response services by persons
  convicted of a violation of operating a motor vehicle while intoxicated.

  Read first time and passed on file.

  Senate File 331, by Lundby, a bill for an act relating to mobile
  home park regulations, restrictions, and landlord and tenant
  relations.

  Read first time and passed on file.

  Senate File 332, by McKean and Halvorson, a bill for an act
  prohibiting gambling licensees from allowing the loaning of money by
  credit card or other electronic means for gambling purposes.

  Read first time and passed on file.

  Senate File 333, by Neuhauser, Fraise, Halvorson, Hammond,
  Hansen, Vilsack, and Dvorsky, a bill for an act relating to the
  community grant program to address juvenile crime and making an
  appropriation.

  Read first time and passed on file.

  Senate File 334, by Lind, a bill for an act regulating and making
  penalties applicable to certain pistols as dangerous weapons.

  Read first time and passed on file.

  Senate File 335, by Lind, a bill for an act relating to highway
  construction area safety.
  520 JOURNAL OF THE SENATE 53rd Day
  Read first time and passed on file.

  Senate File 337, by Lundby, a bill for an act providing for
  mandatory licensure for marital and family therapists and mental
  health counselors.

  Read first time and passed on file.

  Senate File 338, by Hansen, a bill for an act relating to the
  elimination of the Iowa lottery by providing for the disposition of Iowa
  lottery property, the transfer or layoff of employees, and other
  properly related matters, and providing an effective date.

  Read first time and passed on file.

  Senate File 342, by Freeman, a bill for an act relating to
  establishing the access Iowa highway system.

  Read first time and passed on file.

  Senate File 343, by Flynn, a bill for an act relating to the
  establishment of an E911 commission and establishing a surcharge.

  Read first time and passed on file.

  Senate File 344, by Rehberg, a bill for an act providing for state
  payment of the nonfederal share of medical assistance costs for
  certain services provided to children requiring special education.

  Read first time and passed on file.

  Senate File 345, by Deluhery, a bill for an act establishing a board
  of trustees to administer the Iowa public employees' retirement
  system and providing an effective date.

  Read first time and passed on file.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator McKean for the remainder of the day on request of Senator Hedge.
  53rd Day THURSDAY, MARCH 6, 1997 521
  QUORUM CALL

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

  The vote revealed 43 present, 7 absent and a quorum present.

  CONFIRMATION OF GOVERNOR'S APPOINTMENTS

  In accordance with Senate Rule 59, Senator Iverson called up the
  following eligible appointees on the En Bloc Confirmation Calendar:

  Dr. Leroy I. Strohman, Board of Dental Examiners.

  Shirley A. Meisenheimer, Board of Medical Examiners.

  Carlton D. Peterson and Ricard R. Porter, Board of Mortuary
  Science Examiners.

  Arthur P. Silva, Commission on Judicial Qualifications.

  Camille V. Scully, Commission on the Status of African-Americans.

  Rita A. Venner, Environmental Protection Commission.

  Hugh M. Field, Iowa Seed Capital Corporation.

  Perry Chapin, Patricia M. Marshall, Earnest L. Nelson, Richard T.
  Vander Laan and William E. Yeager: Iowa Workforce Development
  Board.

  Kimberly K. Reynolds, Investment Board of the IPERS.

  Charlene R. Fulton and Kay E. Wagner, State Board of Education.

  James H. Arenson, State Board of Regents.

  Senator Iverson moved that the foregoing appointees be confirmed
  by the Senate.

  On the question "Shall the appointees be confirmed?" the vote was:
  522 JOURNAL OF THE SENATE 53rd Day
  Ayes, 47:

  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 Iverson
  Jensen Kibbie King Kramer
  Lind Lundby Maddox McCoy
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Horn Judge McKean

  The appointees having received a two-thirds vote were declared to
  have been confirmed by the Senate.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Horn for the remainder of the day on request of Senator Gronstal.

  CONSIDERATION OF BILL
  (Regular Calendar)

  House File 373

  On motion of Senator Angelo, House File 373, a bill for an act to
  legalize certain unified law enforcement district tax levies and
  providing an effective date, with report of committee recommending
  passage, 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.
  53rd Day THURSDAY, MARCH 6, 1997 523
  On the question "Shall the bill pass?" (H.F. 373) the vote was:

  Ayes, 47:

  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 Iverson
  Jensen Kibbie King Kramer
  Lind Lundby Maddox McCoy
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Horn Judge McKean

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

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Judge until she returns on request of Senator Gronstal.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 232

  On motion of Senator Zieman, Senate File 232, a bill for an act
  relating to notarial acts and providing an effective date, was taken up
  for consideration.

  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.
  524 JOURNAL OF THE SENATE 53rd Day
  On the question "Shall the bill pass?" (S.F. 232) the vote was:

  Ayes, 47:

  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 Iverson
  Jensen Kibbie King Kramer
  Lind Lundby Maddox McCoy
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Szymoniak
  Tinsman Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Horn Judge McKean

  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 136

  On motion of Senator Palmer, Senate File 136, a bill for an act
  relating to the taxation of real property used in the operation of a
  racetrack or racetrack enclosure, with report of committee
  recommending amendment and passage, was taken up for
  consideration.

  Senator Palmer offered amendment S-3115 filed by Senators
  Palmer and Douglas from the floor to strike everything after the
  enacting clause of the bill and moved its adoption.

  Amendment S-3115 was adopted by a voice vote.
  53rd Day THURSDAY, MARCH 6, 1997 525
  The Chair ruled amendment S-3087 filed by the committee on
  Ways and Means on February 26, 1997, to page 1 of the bill, out of
  order.

  Senator Palmer asked and received unanimous consent that House
  File 212 be substituted  for Senate File 136 as amended.

  Senator Rife asked and received unanimous consent that action on
  House File 212 be deferred.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senate File 253

  On motion of Senator McLaren, Senate File 253, a bill for an act
  relating to the practice of veterinary medicine and providing a
  penalty, was taken up for consideration.

  Senator McLaren 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. 253) the vote was:

  Ayes, 45:

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

  Nays, none.
  526 JOURNAL OF THE SENATE 53rd Day
  Absent or not voting, 5:

  Bartz Horn Judge Lind
  McKean

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

  Senate File 251

  On motion of Senator Vilsack, Senate File 251, a bill for an act
  relating to compensation to victims of international terrorism who are
  residents of Iowa and providing an effective date, was taken up for
  consideration.

  Senator Vilsack 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. 251) 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 Iverson
  Jensen Kibbie King Kramer
  Lundby Maddox McCoy McKibben
  McLaren Neuhauser Palmer Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 4:

  Horn Judge Lind McKean

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.
  53rd Day THURSDAY, MARCH 6, 1997 527
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that House
  File 373 and Senate Files 232, 251 and 253 be immediately
  messaged to the House.

  INTRODUCTION OF BILLS

  Senate File 336, by committee on Local Government, a bill for an
  act relating to studies and reports of county land preservation and
  use commissions, making an appropriation, and providing an effective
  date.

  Read first time and placed on calendar.

  Senate File 339, by committee on Commerce, a bill for an act
  relating to the delay of the repeal for the exemption of certain
  multiple employer welfare arrangements from regulation by the
  insurance division and providing an effective date.

  Read first time and placed on calendar.

  Senate File 340, by committee on Agriculture, a bill for an act
  providing for research regarding the production and marketing of
  industrial hemp.

  Read first time and placed on calendar.

  Senate File 341, by committee on Agriculture, 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 placed on calendar.

  Senate File 346, by Flynn and Rehberg, a bill for an act relating to
  family and group day care homes and providing effective dates.

  Read first time and passed on file.

  Senate File 347, by Angelo, a bill for an act relating to the disposal
  of public nuisances seized by the department of natural resources.
  528 JOURNAL OF THE SENATE 53rd Day
  Read first time and passed on file.

  Senate File 348, by Gronstal and Kibbie, a bill for an act
  establishing voluntary expenditure and contribution limits for
  political campaigns for candidates for the general assembly and a tax
  credit for qualified contributions.

  Read first time and passed on file.

  Senate File 349, by Deluhery, a bill for an act relating to the
  disclosure of violations and final findings following inspections of
  health care facilities.

  Read first time and passed on file.

  Senate File 350, by Neuhauser, a bill for an act relating to the
  implementation of a court-annexed family mediation pilot project and
  providing for an appropriation.

  Read first time and passed on file.

  Senate File 351, by Deluhery, a bill for an act to require the state
  audit of certain intergovernmental entities.

  Read first time and passed on file.

  Senate File 352, by Deluhery, a bill for an act relating to
  confinement swine feeding operations by providing for county zoning.

  Read first time and passed on file.

  Senate File 353, by Neuhauser, Dearden, Dvorsky, Connolly,
  Hammond, Black of Jasper, Fraise, Gronstal, Judge, Gettings, Kibbie,
  Horn, Deluhery, Halvorson, and Flynn, a bill for an act relating to the
  establishment of a class size reduction weighting program and
  increasing the physical plant and equipment levy limit for eligible
  school districts.

  Read first time and passed on file.

  Senate File 354, by committee on Commerce, a bill for an act
  relating to the kinds of city utility or enterprise services for which
  a
  53rd Day THURSDAY, MARCH 6, 1997 529
  landlord may be exempted from a lien for delinquent payments by a
  tenant.

  Read first time and placed on calendar.

  Senate File 355, by McKibben and Black of Jasper, a bill for an act
  exempting certain rural water districts from provisions regarding the
  state tax imposed on sales and services.

  Read first time and passed on file.

  Senate File 356, by Bartz, a bill for an act providing a system for
  the establishment, assessment, and collection of civil penalties
  imposed on grain dealers and warehouse operators.

  Read first time and passed on file.
  530 JOURNAL OF THE SENATE 53rd Day
  APPENDIX

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  311 Ways and Means
  S. F.  312 Judiciary
  S. F.  313 State Government
  S. F.  314 Business and Labor
  S. F.  319 Commerce
  S. F.  320 Commerce
  S. F.  321 Commerce
  S. F.  322 State Government
  S. F.  323 Transportation
  S. F.  324 Judiciary
  S. F.  325 Judiciary
  S. F.  326 Commerce
  S. F.  327 Human Resources
  S. F.  328 Human Resources
  S. F.  329 Commerce
  S. F.  330 Judiciary
  S. F.  331 State Government
  S. F.  333 Appropriation
  S. F.  334 Judiciary
  S. F.  335 Transportation
  S. F.  337 State Government
  S. F.  338 State Government
  S. F.  342 Transportation
  S. F.  343 Commerce
  S. F.  344 Appropriations
  S. F.  345 State Government
  S. F.  346 Human Resources
  S. F.  347 Natural Resources
  S. F.  348 State Government
  S. F.  349 State Government
  S. F.  350 Judiciary
  S. F.  351 State Government
  S. F.  352 Agriculture
  S. F.  353 Education
  S. C. R. 6 Business and Labor
  53rd Day THURSDAY, MARCH 6, 1997 531
  H. F.  226 Judiciary
  H. F.  227 Judiciary
  H. F.  307 Judiciary

  COMMITTEE REPORTS

  COMMERCE

  Final Bill Action: *SENATE FILE 354 (SSB 14), a bill for an act relating to
  the kinds
  of separately metered properties for which a landlord may be exempted from a
  lien for
  delinquent water services.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 11: Jensen, Schuerer, Bartz, Flynn, Hansen, King, Lundby,
  Maddox, McCoy, Palmer and Redfern. Nays, 2: Deluhery and Gronstal. Absent or
  not
  voting, 2: Douglas 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
  354 and they were attached to the committee report.

  STATE GOVERNMENT

  Final Bill Action: HOUSE CONCURRENT RESOLUTION 10, a concurrent
  resolution relating to a biennial memorial session.

  Recommendation: DO PASS.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: HOUSE CONCURRENT RESOLUTION 11, a concurrent
  resolution relating to Pioneer Lawmakers.

  Recommendation: DO PASS.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  532 JOURNAL OF THE SENATE 53rd Day
  AMENDMENTS FILED

  S(3118 S. F.  280 Tom Vilsack
  S(3119 H. F.  212 Jim Lind

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:09 p.m.,
  until 1:00 p.m., Monday, March 10, 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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