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Senate Journal: Wednesday, March 12, 1997

  FIFTY-NINTH CALENDAR DAY
  THIRTY-FIFTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, March 12, 1997


  The Senate met in regular session at 9:38 a.m., President Kramer
  presiding.

  Prayer was offered by Brother Paul Goossen of the Amana
  Community Church of the Amana Colonies in Iowa.

  The Journal of Tuesday, March 11, 1997, was approved.

  SPECIAL GUESTS

  Senator Black of Jasper presented "Verbena", a Bandura Trio from
  Cherkasy Oblast, Ukraine. Members of the group, Olga Kaluna,
  Ludmila Larikov and Lidiia Zainchivska, were to perform in the
  Capitol rotunda later in the morning.

  Victor Sobchenko, director of the Culture Department, Cherkasy
  Oblast, spoke to the Senate through an interpreter.

  The group's trip to Iowa was sponsored by the Organization
  Promoting Everlasting Neighbors (O.P.E.N.), Newton's sister city
  organization in conjunction with Iowa sister states and Oskaloosa
  sister city community.

  Accompanying the group from the Newton organization was Jane
  Ann Colton, O.P.E.N. chair; Marvin Campbell, project chair; and
  Maurice Phillips and Sandra Haines.

  INTRODUCTION OF BILLS

  Senate File 408, by King, a bill for an act relating to the selection
  of newspapers in which official proceedings of counties shall be
  published.
  574 JOURNAL OF THE SENATE 59th Day
  Read first time and passed on file.

  Senate File 409, by Gronstal, a bill for an act exempting nonprofit
  hospitals from the state sales, services, and use taxes.

  Read first time and passed on file.

  Senate File 410, by Tinsman, a bill for an act relating to the Iowa
  higher education loan authority by eliminating the limit on the
  amount of its obligations that may be outstanding for purposes of
  funding capital projects and allowing the authority to issue tuition
  anticipation notes and obligations to finance projects to be leased to
  an institution.

  Read first time and passed on file.

  Senate File 411, by committee on Education, a bill for an act
  relating to the sale, lease, or other disposition of property belonging to
  a school district or area education agency and providing an immediate
  effective date.

  Read first time and placed on calendar.

  Senate File 412, by Connolly, a bill for an act relating to the
  operation of bingo games.

  Read first time and passed on file.

  Senate File 413, by Connolly, a bill for an act relating to the
  establishment of a middle school youth services grant program and
  making an appropriation.

  Read first time and passed on file.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gettings for the day on request of Senator Fraise.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 10:02 a.m.,
  until 1:00 p.m.
  59th Day WEDNESDAY, MARCH 12, 1997 575
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  AGRICULTURE

  Convened: March 11, 1997, 8:39 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 (excused).

  Committee Business: Discussed and deferred action on SSB 241.

  Adjourned: 9:15 a.m.

  HUMAN RESOURCES

  Convened: March 11, 1997, 3:05 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: Approved SSB 171 and Senate File 199 as committee bills.

  Adjourned: 4:01 p.m.

  JUDICIARY

  Convened: March 11, 1997, 4:05 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; amended and approved
  SSBs
  113, 117, 152, 55 and 77; recommended passage of Senate File 130 as amended;
  approved SSB 151 as a committee bill; recommended passage of Senate Files
  172 and
  278; SSB 17 failed committee approval as amended.

  Adjourned: 5:16 p.m.

  LOCAL GOVERNMENT

  Convened: March 11, 1997, 1:10 p.m.
  576 JOURNAL OF THE SENATE 59th Day
  Members Present: Zieman, Chair; Behn, Vice Chair; Fraise, Ranking Member;
  Angelo, D. Black, J. Black, Boettger, Dearden, Hansen, McKean, Redwine and
  Rehberg.

  Members Absent: Connolly (excused).

  Committee Business: Assigned and reassigned bills to subcommittees; approved
  SSBs 228, 298, 85, 227, 83, and Senate Files 113 and 179 as committee bills.

  Adjourned: 1:55 p.m.

  STATE GOVERNMENT

  Convened: March 11, 1997, 1:09 p.m.

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

  Members Absent: none.

  Committee Business: Amended and approved SSBs 226 and 197 as committee
  bills;
  approved Senate Files 192, 276, 185 and 307 as committee bills; recommended
  passage
  of Senate Joint Resolution 9.

  Adjourned: 2:30 p.m.

  TRANSPORTATION

  Convened: March 11, 1997, 3:02 p.m.

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

  Members Absent: Borlaug, Vice Chair. (excused).

  Committee Business: Assigned bills to subcommittees and approved SSB 243 and
  Senate Files 175 and 277 as committee bills.

  Adjourned: 3:17 p.m.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 302

  WAYS AND MEANS: McKibben, Chair; Freeman and Vilsack

  Senate File 312

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

  Senate File 324

  JUDICIARY: Maddox, Chair; Boettger, Halvorson, Hammond and Tinsman
  59th Day WEDNESDAY, MARCH 12, 1997 577
  Senate File 325

  JUDICIARY: Maddox, Chair; McKibben and Vilsack

  Senate File 330

  JUDICIARY: McKean, Chair; Boettger, Halvorson, Maddox and Neuhauser

  Senate File 332

  JUDICIARY: McKean, Chair; Halvorson and Redfern

  Senate File 333

  APPROPRIATIONS: Maddox, Chair; Dvorsky, Lind, McCoy and Tinsman

  Senate File 334

  JUDICIARY: Boettger, Chair; Hansen and McKibben

  Senate File 336

  APPROPRIATIONS: Rensink, Chair; D. Black, Flynn, Hedge and Rife

  Senate File 340

  APPROPRIATIONS: Hedge, Chair; D. Black, Douglas, Neuhauser and Rensink

  Senate File 344

  APPROPRIATIONS: Lind, Chair; Borlaug, Hammond, Horn and Rittmer

  Senate File 350

  JUDICIARY: Redfern, Chair; McKibben and Neuhauser

  Senate File 355

  WAYS AND MEANS: McKibben, Chair; Deluhery and Hedge

  Senate File 363

  APPROPRIATIONS: McLaren, Chair; Borlaug, Freeman, Halvorson and Hammond

  Senate File 368

  WAYS AND MEANS: Drake, Chair; Douglas and Palmer

  Senate File 373

  JUDICIARY: King, Chair; Halvorson and Maddox
  578 JOURNAL OF THE SENATE 59th Day
  Senate File 376

  STATE GOVERNMENT: King, Chair; Lundby and Szymoniak

  Senate File 381

  JUDICIARY: Redfern, Chair; Angelo and Neuhauser

  Senate File 382

  JUDICIARY: Tinsman, Chair; Hammond and King

  Senate File 384

  STATE GOVERNMENT: Tinsman, Chair; McLaren and Szymoniak

  Senate File 385

  BUSINESS AND LABOR: Schuerer, Chair; Palmer and Zieman

  Senate File 399

  STATE GOVERNMENT: King, Chair; Drake and Fink

  House File 226

  JUDICIARY: Angelo, Chair; Halvorson and Maddox

  House File 227

  JUDICIARY: Angelo, Chair; Halvorson and Maddox

  House File 299

  JUDICIARY: King, Chair; Halvorson and Maddox

  House File 307

  JUDICIARY: Boettger, Chair; Fraise and Redfern

  SSB 247

  NATURAL RESOURCES AND ENVIRONMENT: Freeman, Chair; Fink and
  McKibben

  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:
  59th Day WEDNESDAY, MARCH 12, 1997 579
  Ben McConville, Pella ( Achieving the rank of Eagle Scout. Senator Hedge
  (3-9-97).

  COMMITTEE REPORT

  EDUCATION

  Final Bill Action: *SENATE FILE 411 (formerly Senate File 245), a bill for
  an act
  relating to the sale, lease, or other disposition of property belonging to a
  school district
  or area education agency and providing an immediate effective date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, J. Black,
  Boettger,
  Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, and Tinsman. Nays,
  none. Absent or not voting, 1: Szymoniak.

  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 Education Committee on Senate
  File
  411 and they were attached to the committee report.

  AMENDMENTS FILED

  S(3121 S. F.  293 JoAnn Douglas
  S(3122 S. F.  129 House amendment
  580 JOURNAL OF THE SENATE 59th Day
  AFTERNOON SESSION

  The Senate reconvened at 1:10 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 12, 1997, amended and passed the following bill in which the
  concurrence of the House was asked:

  Senate File 129, a bill for an act updating the Iowa Code
  references to the Internal Revenue Code and providing a retroactive
  applicability date and an effective date. (S-3122)

  ALSO: That the House has on March 12, 1997, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 178, a bill for an act relating to joint billing or
  collection of combined service accounts for sanitary districts and a
  city utility or combined utility system and to discontinue service for
  delinquency, and providing for the establishment of benefited
  districts and fees from the connection of property to the sanitary
  facilities of a sanitary district.

  This bill was read first time and passed on file.

  House File 265, a bill for an act relating to the affirmation and
  reenactment of certain provisions affecting the criminal and juvenile
  laws, and providing an effective date.

  This bill was read first time and passed on file.

  House File 354, a bill for an act relating to activities of a foreign
  corporation which do not constitute doing business in or deriving
  income from the state for state tax purposes and including effective
  and retroactive applicability date provisions.

  This bill was read first time and passed on file.
  59th Day WEDNESDAY, MARCH 12, 1997 581
  INTRODUCTION OF BILLS

  Senate File 414, by Hansen, a bill for an act authorizing a request
  for proposals concerning the construction of a supermaximum
  security correctional facility.

  Read first time and passed on file.

  Senate File 415, by Hansen, a bill for an act increasing the
  amount of the dependent credit for state individual income tax
  purposes and providing a retroactive applicability date provision.

  Read first time and passed on file.

  Senate File 416, by committee on Local Government, a bill for an
  act establishing a county issuance of motor vehicle licenses study and
  providing effective dates.

  Read first time and placed on calendar.

  Senate File 417, by committee on Local Government, a bill for an
  act providing for the amount of a surety bond required to be executed
  by a treasurer of an extension council.

  Read first time and placed on calendar.

  BILL REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  File 318 be referred from the Regular Calendar to the committee on
  Ways and Means.
  582 JOURNAL OF THE SENATE 59th Day
  APPENDIX

  COMMITTEE REPORTS

  EDUCATION

  Final Bill Action: *SENATE FILE 437 (formerly Senate File 50), a bill for an
  act
  defining the curricula of practitioner preparation program requirements
  relating to
  students with disabilities.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 15: Redfern, Rehberg,; Connolly, Angelo, J. Black,
  Boettger,.Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink,
  Szymoniak and
  Tinsman. Nays, none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

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

  JUDICIARY

  Final Bill Action: SENATE FILE 418 (SSB 151), a bill for an act relating to
  corporations by providing for the call of special meetings of shareholders,
  for the
  combination of a corporation and certain shareholders, and for certain
  merger and
  share acquisitions.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 421 (formerly Senate File 278), a bill for
  anact
  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.

  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.
  59th Day WEDNESDAY, MARCH 12, 1997 583
  ALSO:

  Final Bill Action: SENATE FILE 435 (formerly Senate File 172), a bill for an
  act
  relating to the consideration by the court of a pattern of domestic abuse
  and of the
  identity of the primary physical aggressor in the determination of a history
  of
  domestic abuse pertaining to the awarding of child custody.

  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.

  ALSO:

  Final Bill Action: *SENATE FILE 436 (SSB 117), a bill for an act relating to
  reality
  education substance abuse prevention programs, by removing language making
  the
  program available only to certain persons under the age of twenty-one and
  removing a
  consent requirement.

  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.

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

  LOCAL GOVERNMENT

  Final Bill Action: SENATE FILE 416 (SSB 83), a bill for an act establishing
  a county
  issuance of motor vehicle licenses study and providing effective dates.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 417 (formerly Senate File 298), a bill for an
  act
  providing for the amount of a surety bond required to be executed by a
  treasurer of an
  extension council.
  584 JOURNAL OF THE SENATE 59th Day
  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 426 (SSB 228), a bill for an act authorizing
  county
  treasurers to retain a portion of the contributions to the anatomical gift
  public
  awareness and transplantation fund.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 427 (formerly Senate File 179), a bill for an
  act
  relating to the lection of county supervisors in certain counties.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 432 (formerly Senate File 113), a bill for
  an act
  relating to the disposition of private property condemned under eminent
  domain.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Local Committee on Senate File
  432
  and they were attached to the committee report.
  59th Day WEDNESDAY, MARCH 12, 1997 585
  ALSO:

  Final Bill Action: *SENATE FILE 433 (SSB 227), a bill for an act relating to
  the
  definition and location of a land-leased community.
  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 11: Zieman, Behn, Fraise, Angelo, D. Black, Boettger,
  Dearden,
  Hansen, McKean, Redwine and Rehberg. Nays, 1: J. Black. Absent or not
  voting, 1:
  Connolly.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Local Government Committee on
  Senate File 433 and they were attached to the committee report.

  ALSO:

  Final Bill Action: *SENATE FILE 434 (SSB 85), a bill for an act relating to
  fees
  charged by county sheriffs.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Local Government Committee on
  Senate File 434 and they were attached to the committee report.

  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action: *SENATE FILE 429 (formerly Senate File 32), a bill for an
  act
  relating to the operation of watercraft by persons under eighteen years of
  age, by
  creating a watercraft safety education course, by subjecting violators to an
  existing
  penalty, and by providing effective dates.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 13: Bartz, Angelo, Fink, D. Black, J. Black, Borlaug,
  Deluhery,
  Dvorsky, Freeman, Hedge, Judge, Rehberg and Zieman. Nays, none. Absent or
  not
  voting, 2: Dearden and McKibben.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the Natural Resources and
  Environment
  Committee on Senate File 429 and they wee attached to the committee report.
  586 JOURNAL OF THE SENATE 59th Day
  STATE GOVERNMENT

  Final Bill Action: SENATE FILE 99, a bill for an act relating to the
  applicability
  period for professional engineering and land surveyor licensure
  requirements.

  Recommendation: DO PASS.
  Final Vote: Ayes, 13: Lind, Rittmer, Kibbie, Deluhery, Drake, Gronstal,
  Halvorson,
  Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, 1: King.
  Absent or
  not voting, 1: Fink.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 422 (formerly Senate File 307), a bill for an
  act
  relating to declaration of political party affiliation, or declaration of no
  party affiliation
  on voter registration forms.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 15: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman.
  Nays,
  none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 423 (formerly Senate File 192), a bill for an
  act
  relating to the prospective rescission of administrative rules by the
  administrative
  rules review committee.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 15: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman.
  Nays,
  none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 424 (formerly Senate File 276), a bill for an
  act to
  prohibit new campaign advertising within five days of an election, and
  applying
  penalties.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 12: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman.
  Nays,
  3: Lind, King and McKibben.
  59th Day WEDNESDAY, MARCH 12, 1997 587
  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 425 (formerly Senate File 185), a bill for an
  act
  concerning the condemnation of private property by owners of land without a
  public
  way to the land.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 15: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman.
  Nays,
  none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: *SENATE FILE 430 (SSB 197), a bill for an act restricting
  the
  provision of child day care in gambling establishments, making penalties
  applicable,
  and providing an effective date.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 8: Lind, Rittmer, Drake, Halvorson, King, McKibben, Rife
  and
  Tinsman. Nays, 6: Kibbie, Deluhery, Fink, Gronstal, Lundby and Szymoniak.
  Absent
  or not voting, 1: McLaren.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the State Government Committee on
  Senate File 430 and they were attached to the committee report.

  ALSO:

  Final Bill Action: *SENATE FILE 431 (SSB 226), a bill for an act 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.

  Recommendation: APPROVED COMMITTEE BILL.

  Final Vote: Ayes, 15: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink,
  Gronstal,
  Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman.
  Nays,
  none.

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
  588 JOURNAL OF THE SENATE 59th Day
  *Pursuant to Senate Rule 40, the Legislative Service Bureau reported
  nonsubstantive changes to the members of the State Government Committee on
  Senate File 431 and they were attached to the committee report.

  TRANSPORTATION

  Final Bill Action: SENATE FILE 419 (formerly Senate File 175), a bill for an
  act
  relating to advertising devices in certain cities.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 420 (SSB 243), a bill for an act relating to
  the
  information to be displayed on motor vehicle licenses and nonoperator
  identification
  cards.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  ALSO:

  Final Bill Action: SENATE FILE 438 (formerly Senate File 277), a bill for an
  act
  relating to the criteria for issuance of handicapped special plates and
  making a civil
  penalty applicable.

  Recommendation: APPROVED COMMITTEE BILL.

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

  Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 303

  EDUCATION: Rehberg, Chair; Dvorsky and Rensink

  Senate File 318

  WAYS AND MEANS: McKibben, Chair; Freeman and Judge
  59th Day WEDNESDAY, MARCH 12, 1997 589
  Senate File 353

  EDUCATION: Rensink, Chair; Angelo and Neuhauser

  Senate File 389

  WAYS AND MEANS: Drake, Chair; McKibben and Szymoniak

  House File 330

  WAYS AND MEANS: McKibben, Chair; Freeman and Judge

  BILLS ASSIGNED TO COMMITTEE

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

  S. F.  402 State Government
  S. F.  403 Judiciary
  S. F.  404 Judiciary
  S. F.  405 State Government
  S. F.  406 Education
  S. F.  407 Local Government
  S. F.  408 Local Government
  S. F.  409 Ways and Means
  S. F.  410 Ways and Means
  S. F.  412 State Government
  S. F.  413 Education
  S. F.  414 Judiciary
  S. F.  415 Ways and Means
  H. F.  178 Local Government
  H. F.  265 Judiciary
  H. F.  354 Ways and Means

  INTRODUCTION OF BILLS

  Senate File 418, by committee on Judiciary, a bill for an act
  relating to corporations by providing for the call of special meetings of
  shareholders, for the combination of a corporation and certain
  shareholders, and for certain merger and share acquisitions.

  Read first time under Rule 28 and placed on calendar.

  Senate File 419, by committee on Transportation, a bill for an
  act
  590 JOURNAL OF THE SENATE 59th Day
  relating to advertising devices in certain cities.

  Read first time under Rule 28 and placed on calendar.

  Senate File 420, by committee on Transportation, a bill for an act
  relating to the information to be displayed on motor vehicle licenses
  and nonoperator identification cards.

  Read first time under Rule 28 and placed on calendar.

  Senate File 421, by committee on Judiciary, 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 under Rule 28 and placed on calendar.

  Senate File 422, by committee on State Government, a bill for an
  act relating to declaration of political party affiliation, or declaration
  of no party affiliation on voter registration forms.

  Read first time under Rule 28 and placed on calendar.

  Senate File 423, by committee on State Government, a bill for an
  act relating to the prospective rescission of administrative rules by
  the administrative rules review committee.

  Read first time under Rule 28 and placed on calendar.

  Senate File 424, by committee on State Government, a bill for an
  act to prohibit new campaign advertising within five days of an
  election, and applying penalties.

  Read first time under Rule 28 and placed on calendar.

  Senate File 425, by committee on State Government, a bill for an
  act concerning the condemnation of private property by owners of
  land without a public way to the land.

  Read first time under Rule 28 and placed on calendar.

  Senate File 426, by committee on Local Government, a bill for
  an
  59th Day WEDNESDAY, MARCH 12, 1997 591
  act authorizing county treasurers to retain a portion of the
  contributions to the anatomical gift public awareness and
  transplantation fund.

  Read first time under Rule 28 and placed on calendar.

  Senate File 427, by committee on Local Government, a bill for an
  act relating to the election of county supervisors in certain counties.

  Read first time under Rule 28 and placed on calendar.

  Senate File 428, by Lundby, a bill for an act relating to payment of
  costs of performing a chemical test related to arrests for public
  intoxication.

  Read first time under Rule 28 and passed on file.

  Senate File 429, by committee on Natural Resources and
  Environment, a bill for an act relating to the operation, regulation,
  and equipment of watercraft, and subjecting violators to a penalty.

  Read first time under Rule 28 and placed on calendar.

  Senate File 430, by committee on State Government, a bill for an
  act restricting the provision of child day care in gambling
  establishments, making penalties applicable, and providing an
  effective date.

  Read first time under Rule 28 and placed on calendar.

  Senate File 431, by committee on State Government, a bill for an
  act 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.

  Read first time under Rule 28 and placed on calendar.

  Senate File 432, by committee on Local Government, a bill for
  an
  592 JOURNAL OF THE SENATE 59th Day
  act relating to the disposition of private property condemned under
  eminent domain.

  Read first time under Rule 28 and placed on calendar.

  Senate File 433, by committee on Local Government, a bill for an
  act relating to the definition and location of a land-leased community.

  Read first time under Rule 28 and placed on calendar.

  Senate File 434, by committee on Local Government, a bill for an
  act relating to fees charged by county sheriffs.

  Read first time under Rule 28 and placed on calendar.

  Senate File 435, by committee on Judiciary, a bill for an act
  relating to the consideration by the court of a pattern of domestic
  abuse and of the identity of the primary physical aggressor in the
  determination of a history of domestic abuse pertaining to the
  awarding of child custody.

  Read first time under Rule 28 and placed on calendar.

  Senate File 436, by committee on Judiciary, a bill for an act
  relating to reality education substance abuse prevention programs, by
  removing language making the program available only to certain
  persons under the age of twenty-one and removing a consent
  requirement.

  Read first time under Rule 28 and placed on calendar.

  Senate File 437, by committee on Education, a bill for an act
  defining the curricula of practitioner preparation program
  requirements relating to students with disabilities.

  Read first time under Rule 28 and placed on calendar.

  Senate File 438, by committee on Transportation, a bill for an act
  relating to the criteria for issuance of handicapped special plates and
  making a civil penalty applicable.

  Read first time under Rule 28 and placed on calendar.
  59th Day WEDNESDAY, MARCH 12, 1997 593

  Senate File 439, by Gronstal, Dearden, Connolly, Hammond,
  Szymoniak, Vilsack, and Hansen, a bill for an act requiring certain
  departments to submit to the general assembly biennial reports on
  expenditures for economic development programs.

  Read first time under Rule 28 and passed on file.


  AMENDMENT FILED

  S(3123 S. F.  362 Merlin E. Bartz

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 1:17 p.m.,
  until 9:00 a.m., Thursday, March 13, 1997.

Previous Day: Tuesday, March 11Next Day: Thursday, March 13
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