Senate Journal: Monday, March 24, 1997

  SEVENTY-FIRST CALENDAR DAY
  FORTY-FIRST SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, March 24, 1997


  The Senate met in regular session at 1:15 p.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Jerald Swanberg, pastor of the
  First United Methodist Church, Marshalltown, Iowa.

  The Journal of Thursday, March 20, 1997, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Black of Kossuth until he arrives on request of Senator Hedge.

  The Senate stood at ease at 1:20 p.m., until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 2:04 p.m., President Kramer
  presiding.

  RESIGNATION OF SENATOR LIND

  March 21, 1997

  The Honorable Terry E. Branstad
  Governor of the State of Iowa
  The Capitol
  Des Moines, IA 50319

  Dear Governor Branstad,

  I have today received official notice from Senator Jim Lind that he has
  resigned his
  Senate seat, District 13, effective immediately.

  Sincerely

  MARY KRAMER
  Senate President
  738 JOURNAL OF THE SENATE 71st Day
  QUORUM CALL

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

  The vote revealed 40 present, 9 absent and a quorum present.

  BILLS REFERRED TO COMMITTEE

  Senate Iverson asked and received unanimous consent that Senate
  Files 469 and 431 be referred from the Regular Calendar to the
  committee on Ways and Means.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 398

  On motion of Senator Deluhery, Senate File 398, a bill for an act
  relating to the disposition of certain lost property, was taken up for
  consideration.

  Senator Deluhery offered amendment S-3168 filed by Senators
  Deluhery, et al., on March 18, 1997, to page 1 of the bill and moved its
  adoption.

  Amendment S-3168 was adopted by a voice vote.

  Senator Deluhery 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. 398) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Judge Kibbie King Kramer
  71st Day MONDAY, MARCH 24, 1997 739
  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, 2:

  Black, J. Jensen

  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 Jensen until he arrives on request of Senator Bartz.

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senate File 433

  On motion of Senator Fraise, Senate File 433, a bill for an act
  relating to the definition and location of a land-leased community,
  was taken up for consideration.

  Senator Fraise 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. 433) the vote was:

  Ayes, 46:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Judge Kibbie King Kramer
  740 JOURNAL OF THE SENATE 71st Day
  Lundby Maddox McCoy McKean
  McKibben McLaren Neuhauser Palmer
  Redfern Redwine Rehberg Rensink
  Rittmer Schuerer Szymoniak Tinsman
  Vilsack Zieman

  Nays, none.

  Absent or not voting, 3:

  Black, J. Jensen Rife

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

  Senate File 284

  On motion of Senator Bartz, Senate File 284, a bill for an act
  relating to review and oversight of actions of the ozone transport
  assessment group, was taken up for consideration.

  Senator Bartz offered amendment S-3201 filed by him from the
  floor to page 5 of the bill and moved its adoption.

  Amendment S-3201 was adopted by a voice vote.

  Senator Bartz asked and received unanimous consent that House
  File 309 be substituted  for Senate File 284 as amended.

  House File 309

  On motion of Senator Bartz, House File 309, a bill for an act
  relating to review and oversight of actions of the ozone transport
  assessment group, was taken up for consideration.

  Senator Bartz moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (H.F. 309) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  71st Day MONDAY, MARCH 24, 1997 741
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Judge Kibbie King Kramer
  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, 2:

  Black, J. Jensen

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

  Senator Bartz asked and received unanimous consent that Senate
  File 284 as amended be withdrawn from further consideration of
  the Senate.

  Senate File 359

  On motion of Senator Lundby, Senate File 359, a bill for an act
  relating to the qualifications for the director of the department of
  corrections, was taken up for consideration.

  Senator Lundby 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. 359) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  742 JOURNAL OF THE SENATE 71st Day
  Judge Kibbie King Kramer
  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, 2:

  Black, J. Jensen

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

  Senate File 420

  On motion of Senator Drake, Senate File 420, a bill for an act
  relating to the information to be displayed on motor vehicle licenses
  and nonoperator identification cards, 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. 420) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Judge Kibbie King Kramer
  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, 2:

  Black, J. Jensen
  71st Day MONDAY, MARCH 24, 1997 743
  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  Senate File 459

  On motion of Senator Tinsman, Senate File 459, a bill for an act
  establishing a domestic abuse death review team and providing for
  membership, duties, immunity for members acting in their official
  capacity, and confidentiality, was taken up for consideration.

  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. 459) the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black, D.
  Boettger Borlaug Connolly Dearden
  Deluhery Douglas Drake Dvorsky
  Fink Flynn Fraise Freeman
  Gettings Gronstal Halvorson Hammond
  Hansen Hedge Horn Iverson
  Judge Kibbie King Kramer
  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, 2:

  Black, J. Jensen

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

  Senate File 497

  On motion of Senator Tinsman, Senate File 497, a bill for an act
  prohibiting the possession or distribution of gamma-
  hydroxybutyric
  744 JOURNAL OF THE SENATE 71st
  Day
  acid under certain circumstances, and providing a penalty, was taken
  up for consideration.

  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. 497) the vote was:

  Ayes, 48:

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

  Black, J.

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

  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:

  Dean R. McWilliams, Environmental Protection Commission.

  Margaret A. Holmes, Alan R. Kabela, Kathryn A. Murphy and
  Norma J. Schmoker, Iowa Workforce Development Board.

  Elizabeth L. Seiser, Public Employment Relations Board.
  71st Day MONDAY, MARCH 24, 1997 745
  Mary L. Norton, Renewable Fuels and Coproducts Advisory
  Committee.

  Maria M. Waterman, State Board of Tax Review.

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

  On the question "Shall the appointees be confirmed?" the vote was:

  Ayes, 47:

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

  Nays, none.

  Absent or not voting, 2:

  Black, J. Schuerer

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

  CONSIDERATION OF BILLS
  (Regular Calendar)

  Senate File 467

  On motion of Senator Behn, Senate File 467, a bill for an act
  relating to eligibility for unemployment compensation benefits for
  temporary employees of a temporary employment firm, was taken up
  for consideration.
  746 JOURNAL OF THE SENATE 71st Day
  Senator Dearden offered amendment S-3192 filed by him on
  March 20, 1997, to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3192 be adopted?" (S.F. 467)
  the vote was:

  Ayes, 21:

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

  Nays, 27:

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

  Absent or not voting, 1:

  Black, J.

  Amendment S-3192 lost.

  Senator Dearden offered amendment S-3191 filed by him on
  March 20, 1997, to page 1 of the bill.

  The Chair announced that action on amendment S-3191 would be
  deferred for consideration of amendment S-3205.

  Senator Behn offered amendment S-3205 filed by him from the
  floor to page 1 of the bill and moved its adoption.

  Amendment S-3205 was adopted by a voice vote.
  71st Day MONDAY, MARCH 24, 1997 747
  Senator Behn asked and received unanimous consent that House
  File 236 be substituted  for Senate File 467 as amended.

  House File 236

  On motion of Senator Behn, House File 236, a bill for an act
  relating to eligibility for unemployment compensation benefits for
  temporary employees of a temporary employment firm, was taken up
  for consideration.

  Senator Dearden withdrew amendment S-3208 filed by him from
  the floor to page 1 of the bill.

  Senator Dearden offered amendment S-3207 filed by him from the
  floor to page 1 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3207 be adopted?" (H.F. 236)
  the vote was:

  Ayes, 21:

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

  Nays, 27:

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

  Absent or not voting, 1:

  Black, J.

  Amendment S-3207 lost.
  748 JOURNAL OF THE SENATE 71st Day
  Senator Dearden offered amendment S-3206 filed by him from the
  floor to page 1 of the bill and moved its adoption.

  Amendment S-3206 lost by a voice vote.

  Senator Dearden offered amendment S-3211 filed by him from the
  floor to page 1 of the bill and moved its adoption.

  A record roll call was requested.

  On the question "Shall amendment S-3211 be adopted?" (H.F. 236)
  the vote was:

  Ayes, 48:

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

  Nays, none.

  Absent or not voting, 1:

  Rife

  Amendment S-3211 was adopted.

  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?" (H.F. 236) the vote was:

  Ayes, 32:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  71st Day MONDAY, MARCH 24, 1997 749
  Flynn Freeman Hansen Hedge
  Iverson Jensen King Kramer
  Lundby Maddox McCoy McKean
  McKibben McLaren Neuhauser Redfern
  Redwine Rehberg Rensink Rife
  Rittmer Schuerer Tinsman Zieman

  Nays, 17:

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

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

  Senator Behn asked and received unanimous consent that Senate
  File 467 be withdrawn from further consideration of the Senate.

  UNFINISHED BUSINESS CALENDAR
  (Deferred March 17, 1997)

  House File 320

  The Senate resumed consideration of House File 320, a bill for an
  act increasing the exceptions to the registration requirements for
  postsecondary schools, and eliminating an exemption for nondegree
  specialty vocational training programs from the accreditation
  requirement for postsecondary schools, deferred March 17, 1997.

  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?" (H.F. 320) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  Dearden Deluhery Douglas Drake
  750 JOURNAL OF THE SENATE 71st Day
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

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

  Senator Tinsman asked and received unanimous consent that
  Senate File 301 be withdrawn from further consideration of the
  Senate.

  UNFINISHED BUSINESS CALENDAR
  (Deferred March 18, 1997)

  Senate File 285

  The Senate resumed consideration of Senate File 285, a bill for an
  act relating to household hazardous materials and retail labeling
  requirements, deferred March 18, 1997.

  Senator Dvorsky offered amendment S-3183 filed by him on
  March 18, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3183 was adopted by a voice vote.

  Senator Rehberg 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. 285) the vote was:

  Ayes, 49:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Connolly
  71st Day MONDAY, MARCH 24, 1997 751
  Dearden Deluhery Douglas Drake
  Dvorsky Fink Flynn Fraise
  Freeman Gettings Gronstal Halvorson
  Hammond Hansen Hedge Horn
  Iverson Jensen Judge Kibbie
  King Kramer Lundby Maddox
  McCoy McKean McKibben McLaren
  Neuhauser Palmer Redfern Redwine
  Rehberg Rensink Rife Rittmer
  Schuerer Szymoniak Tinsman Vilsack
  Zieman

  Nays, none.

  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 519

  On motion of Senator Rife, Senate File 519, a bill for an act relating
  to the authorized use and users of the Iowa communications network
  and providing an effective date, was taken up for consideration.

  Senator Rife asked and received unanimous consent that action on
  Senate File 519 be deferred.

  The Senate stood at ease at 4:07 p.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 5:21 p.m., President Kramer
  presiding.

  REPORTS OF COMMITTEE MEETINGS

  JUDICIARY

  Convened: March 19, 1997, 1:10 p.m.

  Members Present: McKean, Chair; Maddox, Vice Chair; Angelo, Boettger, Drake,
  Halvorson, Hammond, Hansen, King, McKibben and Vilsack.
  752 JOURNAL OF THE SENATE 71st Day
  Members Absent: Neuhauser, Ranking Member; Fraise, Redfern and Tinsman (all
  excused).

  Committee Business: Assigned bills to subcommittees.

  Adjourned: 1:20 p.m.

  JUDICIARY

  Convened: March 20, 1997, 1:40 p.m.

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

  Members Absent: Angelo, King, McKibben and Redfern (all excused).

  Committee Business: Recommended passage of House File 200.

  Adjourned: 1:45 p.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened: March 20, 1997, 1:10 p.m.

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

  Members Absent: none.

  Committee Business: Recommended passage of House File 142 as amended;
  recommended passage of House Files 228 and 81.

  Adjourned: 2:23 p.m.

  RULES AND ADMINISTRATION

  Convened: March 20, 1997, 9:00 a.m.

  Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Jensen, Lundby, Maddox, Redfern and Rehberg.

  Members Absent: Fink, Judge and Kibbie (all excused).

  Committee Business: Approved Senate Concurrent Resolution 7 as a committee
  bill.

  Adjourned: 9:10 a.m.

  RULES AND ADMINISTRATION

  Convened: March 20, 1997, 12:40 p.m.
  71st Day MONDAY, MARCH 24, 1997 753
  Members Present: Iverson, Chair; Kramer, Vice Chair; Gronstal, Ranking
  Member;
  Fink, Jensen, Judge, Kibbie, Lundby, Maddox, Redfern and Rehberg.

  Members Absent: none.

  Committee Business: Discussed personnel matters and policies; assigned
  governor's
  appointees to standing committees and recommended passage of Senate
  Concurrent
  Resolution 9.

  Adjourned: 1:15 p.m.

  WAYS AND MEANS

  Convened: March 20, 1997, 12:10 p.m.

  Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking
  Member;
  Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox, McLaren,
  Redfern, Szymoniak and Vilsack.

  Members Absent: none.

  Committee Business: Assigned bills to subcommittees; recommended passage of
  House File 388 and Senate File 195 as amended.

  Adjourned: 12:31 p.m.

  APPROP. SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened: March 20, 1997, 7:10 a.m.

  Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member;
  Fraise and McKean.

  Members Absent: none.

  Committee Business: Subcommittee approved proposed appropriations bill and
  submitted it to the full Appropriations Committee.

  Adjourned: 8:43 a.m.

  PETITION

  The following petition was presented and place on file by Senator
  Connolly from sixty-eight residents of Dubuque County opposing
  legislation reinstating the death penalty.

  PRESENTATION OF VISITORS

  The Chair welcomed the following visitors who were present in the
  Senate gallery:
  754 JOURNAL OF THE SENATE 71st Day
  Members of the government class from Greenfield High School,
  Greenfield. Senator Douglas.

  STUDY BILLS RECEIVED

  SSB 252 Appropriations

  Relating to and making appropriations to the justice system and
  providing effective dates.

  SSB 253 Ways & Means

  Increasing the tuition and textbook tax credit to twenty percent of
  the first one thousand dollars of K through 12 tuition and textbook
  expenses and providing a retroactive applicability date.

  SSB 254 Ways & Means

  A Concurrent Resolution requesting the Legislative Council to
  establish a task force to study Iowa's system of state and local
  taxation and requiring reporting by certain dates.

  SSB 255 Ways & Means

  Relating to the refund of sales and use taxes paid on state
  department of transportation construction projects.

  SSB 256 Agriculture

  A Concurrent Resolution requesting that the United States
  government take all actions necessary in order to prevent further
  concentration and vertical integration in the livestock industry.

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 364

  WAYS AND MEANS: Borlaug, Chair; Connolly and Hedge

  Senate File 475

  WAYS AND MEANS: Borlaug, Chair; Deluhery and Hedge
  71st Day MONDAY, MARCH 24, 1997 755
  Senate File 480

  WAYS AND MEANS: Redfern, Chair; Connolly and Freeman

  Senate File 482

  WAYS AND MEANS: Redfern, Chair; Connolly and McLaren

  Senate File 491

  WAYS AND MEANS: Redfern, Chair; Maddox and Vilsack

  Senate File 502

  WAYS AND MEANS: Hedge, Chair; Judge and McLaren

  Senate File 510

  WAYS AND MEANS: McLaren, Chair; Douglas and Palmer

  Senate File 513

  WAYS AND MEANS: McLaren, Chair; Connolly and Douglas

  Senate File 524

  LOCAL GOVERNMENT: Redwine, Chair; Dearden and Zieman

  House File 121

  HUMAN RESOURCES: Redwine, Chair; Boettger and Vilsack

  House File 218

  WAYS AND MEANS: Freeman, Chair; Hedge and Vilsack

  House File 306

  WAYS AND MEANS: McKibben, Chair; Drake and Vilsack

  House File 544

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

  SSB 252

  APPROPRIATIONS: Maddox, Chair; Dvorsky and McLaren

  LSB 2746

  RULES AND ADMINISTRATION: Jensen, Chair; Iverson and Kibbie
  756 JOURNAL OF THE SENATE 71st Day
  SUBCOMMITTEE ASSIGNMENTS FOR
  APPOINTMENTS TO BOARDS AND COMMISSIONS

  In accordance with Senate Rule 59, the following senators were
  appointed to subcommittees of standing committees on March 24,
  1997, to investigate the appointment of the following governor's
  appointees:

  AGRICULTURE

  Member of the Agricultural Development Authority:

  TIMOTHY J. GALM: Kibbie, Chair; Rensink and Behn

  Members of the State Soil Conservation Committee:

  RUSSELL L. BRANDES: Angelo, Chair; Judge and Bartz
  KENNETH W. McNICHOLS: D. Black, Chair; Rehberg and Zieman
  DIANE C. THOMPSON: J. Black, Chair; Fraise and Hedge

  BUSINESS AND LABOR

  Director of Workforce Development:

  CYNTHIA P. EISENHAUER: Freeman, Chair; Zieman and Gettings

  Industrial Commissioner:

  IRIS J. POST: Jensen, Chair; Schuerer and Horn

  COMMERCE

  Members of the Credit Union Review Board:

  JOHN J. BENTLER: Deluhery, Chair; Redfern and King
  TOM N. SARVIS: Deluhery, Chair; Redfern and King
  WILLIAM G. SIZER: Deluhery, Chair; Redfern and King

  Superintendent of Banking:

  MICHAEL K. GUTTAU: Schuerer, Chair; Jensen and Flynn

  Superintendent of Credit Unions:

  JAMES E. FORNEY: Deluhery, Chair; Redfern and King

  Member of the Title Guaranty Division Board:

  JAY D. STEWART: McCoy, Chair; Lundby and Maddox
  71st Day MONDAY, MARCH 24, 1997 757
  EDUCATION

  Members of the First in the Nation in Education Foundation Governing Board:

  DAVID W. BELIN: Redfern, Chair; Connolly and Rehberg
  MARY E. GESIRIECH: Szymoniak, Chair; Angelo and Boettger

  Member of the Iowa Higher Education Loan Authority:

  JOHN V. HARTUNG: Fink, Chair; Angelo and Black

  Member of the School Budget Review Committee:

  WAYNE F. DREXLER: Connolly, Chair; Rehberg and Tinsman

  Members of the State Board of Regents:

  LISA E. AHRENS: Rehberg, Chair; Black and Kibbie
  DAVID J. FISHER: Redfern, Chair; Angelo and Szymoniak
  DR. CLARKSON L. KELLY: Redfern, Chair; Kibbie and Rehberg

  Members of the Board of Educational Examiners:

  NICK BENZING: Boettger, Chair; Redwine and Fink
  JUDITH J. BRUEGGEMAN: Rensink, Chair; Black and Kibbie
  MARTHA J. CUMPTON: Szymoniak, Chair; Angelo and Boettger
  VELMA R. HUEBNER: Black, Chair; Dvorsky and Tinsman
  ANN R. SHAW: Angelo, Chair; J. Black and Neuhauser
  DR. THOMAS A. SUNDERBRUCH: Tinsman, Chair; Dvorsky and Rehberg

  HUMAN RESOURCES

  Member of Athletic Trainer Advisory Board:

  MARGARET SUSAN CIGELMAN: J. Black, Chair; Bartz and Szymoniak

  Members of the Board of Behavioral Science Examiners:

  DOROTHY A. ANDERSON: Rensink, Chair; Hammond and Schuerer
  THORALD (TED) E. DAVIDSON: Rensink, Chair; Hammond and Schuerer
  DR. MARTIN R. EDWARDS: Dvorsky, Chair; Tinsman and Schuerer

  Members of the Board of Physician Assistant Examiners:

  DIANE M. CARDWELL: Schuerer, Chair; Dvorsky and Rensink
  WILLIAM L. CONNET: Redwine, Chair; Vilsack and Bartz
  DR. JAMES M. CUNNINGHAM: Redwine, Chair; Vilsack and Bartz
  RITA J. TAYLOR: Tinsman, Chair; Dearden and Behn

  Member of the Commission for the Blind:

  ROBERT J. MARTIN: Dearden, Chair; J. Black and Tinsman
  758 JOURNAL OF THE SENATE 71st Day
  Members of the Commission of Elder Affairs:

  HAROLD B. DAVIS: Dvorsky, Chair; Tinsman and Schuerer
  ALYCE M. ELMITT: Schuerer, Chair; Dvorsky and Rensink
  CLEMMIE HIGHTOWER: Rensink, Chair; Hammond and Schuerer

  Members of the Commission on Community Action Agencies:

  LOIS R. KOTZ: Hammond, Chair; Behn and Redwine
  LOREN M. WAKEFIELD Dvorsky, Chair; Tinsman and Schuerer

  Member of the Commission on the Deaf:

  JACK F. PURSELL: Rensink, Chair; Hammond and Schuerer

  Members of the Community Health Management Information System Governing
  Board:

  DR. DALE J. ANDRINGA: Redwine, Chair; Vilsack and Bartz
  MARCIA J. STARK: Hammond, Chair; Behn and Redwine
  F. WALTER TOMENGA: Redwine Chair; Vilsack and Bartz

  Members of the Council on Human Services:

  MARGARET P. GUHIN: Behn, Chair; Dearden and Redwine
  RUTH L. MOSER: Szymoniak, Chair; Behn and Rensink
  ALBERT G. SORENSEN: Dearden, Chair; J. Black and Tinsman

  Director of the Department of Human Services:

  CHARLES PALMER: Boettger, Chair; Szymoniak and Redwine

  Member of the Health Facilities Council:

  LEE S. MILLER: Bartz, Chair; Vilsack and J. Black

  Members of the Iowa Council on Human Investment:

  BETTY JEAN (BJ) FERGERSON: J. Black, Chair; Bartz and Szymoniak
  CHARLES E. ROHM: Behn, Chair; Dearden and Redwine
  AUSTIN B. TURNER: Bartz, Chair; Vilsack and J. Black

  Members of the Mental Health and Developmental Disabilities Commission:

  MARY ANNE ANDERSON: Vilsack, Chair; Bartz and Boettger
  ROBERT J. DeSMIDT: Tinsman, Chair; Dearden and Behn
  GARY L. GANSEMER: Dvorsky, Chair; Tinsman and Schuerer
  CLARK A. LANE: Dearden, Chair; J. Black and Tinsman
  LANNIE L. MILLER: J. Black, Chair; Bartz and Szymoniak
  ROBERT D. WALKE: Szymoniak, Chair; Behn and Rensink

  Members of the Prevention of Disabilities Policy Council:
  71st Day MONDAY, MARCH 24, 1997 759
  DR. ALFRED HEALY: Vilsack, Chair; Bartz and Boettger
  GEORGANNA T. HINRICHSEN: Vilsack, Chair; Bartz and Boettger
  MELVA J. URBAN: Tinsman, Chair; Dearden and Behn

  Members of the State Citizen Foster Care Review Board:

  JERRY R. FOXHOVEN: Behn, Chair; Dearden and Redwine
  LIL M. PERRY: Bartz, Chair; Vilsack and J. Black
  STANELY S. WIERSON: Szymoniak, Chair; Behn and Rensink
  KATHRYN M. YOUBERG: Schuerer, Chair; Dvorsky and Rensink

  NATURAL RESOURCES AND ENVIRONMENT

  Chair of the Utilities Board:

  ALLAN T. THOMS: Bartz, Chair; Judge and Angelo

  Members of the Environmental Protection Commission:

  WILLIAM A. EHM: Dvorsky, Chair; J. Black and Borlaug
  RANDAL J. GIANNETTO: Bartz, Chair; Fink and D. Black
  ROZANNE E. KING: Deluhery, Chair; McKibben and Hedge
  KATHRYN A. MURPHY: Borlaug, Chair; Hedge and Deluhery
  TERRANCE G. TOWNSEND: Dearden, Chair; D. Black and Zieman

  Member of the Iowa Comprehensive Petroleum Underground Storage Tank Fund
  Board:

  JACKLYN K. VAN EKEREN: Rehberg, Chair; Zieman and Fink

  Members of the Natural Resource Commission:

  RICHARD E. GARRELS: McKibben, Chair; Dearden and Freeman
  ANTHONY L. HOUGH: Zieman, Chair; Deluhery and Borlaug

  Members of the Renewable Fuels and Coproducts Advisory Committee:

  JoANN M. BRINCKS: Angelo, Chair; Dearden and J. Black
  DAVID L. HOLMES: Fink, Chair; Borlaug and Rehberg
  YVONNE M. WENTE: Zieman, Chair; D. Black and McKibben

  Member of the Utilities Board:

  EMMIT J. GEORGE, JR.: Freeman, Chair; D. Black and Zieman

  EXPLANATION OF VOTE

  MADAM PRESIDENT: I was necessarily absent from the Senate chamber on
  March 24, 1997, when the vote was taken on the En Bloc Confirmation
  Calendar.

  Had I been present, I would have voted "aye".

  NEAL SCHUERER
  760 JOURNAL OF THE SENATE 71st Day
  BUSINESS PENDING

  Senate File 519

  The Senate resumed consideration of Senate File 519, previously
  deferred.

  Senator Jensen asked and received unanimous consent that action
  on amendment S-3181 filed by him on March 19, 1997, to pages 1, 3
  and 5 of the bill be deferred.

  Senator Dvorsky offered amendment S-3203 filed by him from the
  floor to page 3 of the bill, moved its adoption and requested a record
  roll call.

  On the question "Shall amendment S-3203 be adopted?" (S.F. 519)
  the vote was:

  Ayes, 15:

  Connolly Dearden Deluhery Dvorsky
  Fink Gettings Gronstal Halvorson
  Hammond Horn Judge Neuhauser
  Palmer Szymoniak Vilsack

  Nays, 34:

  Angelo Bartz Behn Black, D.
  Black, J. Boettger Borlaug Douglas
  Drake Flynn Fraise Freeman
  Hansen Hedge Iverson Jensen
  Kibbie King Kramer Lundby
  Maddox McCoy McKean McKibben
  McLaren Redfern Redwine Rehberg
  Rensink Rife Rittmer Schuerer
  Tinsman Zieman

  Amendment S-3203 lost.

  Senator Jensen offered amendment S-3215 filed by him from the
  floor to page 5 of the bill and moved its adoption.

  Amendment S-3215 was adopted by a voice vote.
  71st Day MONDAY, MARCH 24, 1997 761
  Senator Jensen offered amendment S-3214 filed by him from the
  floor to page 5 of the bill.

  Senator Jensen asked and received unanimous consent that action
  on amendment S-3214 be deferred.

  Senator Iverson asked and received unanimous consent that action
  on Senate File 519 be deferred.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senate File 492

  On motion of Senator King, Senate File 492, a bill for an act
  relating to unemployment compensation benefits concerning proof of
  whether a person has voluntarily quit employment, was taken up for
  consideration.

  Senator Dearden offered amendment S-3189 filed by him on
  March 20, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3189 lost by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Hammond for the remainder of the day on request of Senator Palmer.

  BUSINESS PENDING

  Senate File 492

  The Senate resumed consideration of Senate File 492.

  Senator King moved that the bill be read the last time now and
  placed upon its passage, which motion prevailed by a voice vote, and
  the bill was read the last time.

  On the question "Shall the bill pass?" (S.F. 492) the vote was:

  Ayes, 29:

  Angelo Bartz Behn Black, J.
  Boettger Borlaug Douglas Drake
  762 JOURNAL OF THE SENATE 71st Day
  Flynn Freeman Hedge Iverson
  Jensen King Kramer Lundby
  Maddox McKean McKibben McLaren
  Redfern Redwine Rehberg Rensink
  Rife Rittmer Schuerer Tinsman
  Zieman

  Nays, 19:

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

  Absent or not voting, 1:

  Hammond

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

  UNFINISHED BUSINESS CALENDAR
  (Deferred March 18, 1997)

  Senate File 395

  The Senate resumed consideration of Senate File 395, a bill for an
  act relating to the department of workforce development concerning
  the offsetting of unemployment compensation benefits, departmental
  liability for the release of unemployment compensation records, the
  voluntary shared work program, and workforce development services
  employees, and providing for an effective date, deferred March 18,
  1997.

  Senator Rife withdrew amendment S-3156 filed by him to page 1
  and the title page of the bill, pending March 18, 1997.

  Senator Dvorsky offered amendment S-3182 filed by Senators
  Dvorsky, Rife and Hansen on March 18, 1997, to page 1 and the title
  page of the bill and moved its adoption.

  Amendment S-3182 was adopted by a voice vote.
  71st Day MONDAY, MARCH 24, 1997 763
  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. 395) the vote was:

  Ayes, 48:

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

  Hammond

  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 476

  On motion of Senator Redfern, Senate File 476, a bill for an act
  requiring a person convicted of the offense of attempted murder to
  serve one hundred percent of the sentence with limited credit for good
  behavior, was taken up for consideration.

  Senator Connolly asked and received unanimous consent that
  action on Senate File 476 be deferred for the preparation of a
  fiscal
  764 JOURNAL OF THE SENATE 71st Day
  note, and Senator Hansen requested that a judicial impact study also
  be made available.

  BUSINESS PENDING

  Senate File 519

  The Senate resumed consideration of Senate File 519, a bill for an
  act relating to the authorized use and users of the Iowa
  communications network and providing an effective date, previously
  deferred.

  Senator McLaren offered amendment S-3216 filed by him from
  the floor to page 4 of the bill and moved its adoption.

  Amendment S-3216 was adopted by a voice vote.

  Senator Connolly offered amendment S-3218 filed by Senators
  Connolly and Jensen on March 24, 1997, to page 5 of the bill and
  moved its adoption.

  Amendment S-3218 was adopted by a voice vote.

  The Senate stood at ease at 6:13 p.m. until the fall of the gavel.

  The Senate resumed session at 6:19 p.m., President Kramer
  presiding.

  Senator Jensen withdrew amendment S-3181 by him to pages 1, 3
  and 5 of the bill, previously deferred.

  Senator Jensen withdrew amendment S-3214 by him to page 5 of
  the bill, previously deferred.

  Senator Gronstal asked and received unanimous consent that
  action on Senate File 519 be deferred.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 285, 359, 395, 398, 420, 433, 459, 492 and 497
  and
  71st Day MONDAY, MARCH 24, 1997 765
  House Files 236, 309 and 320 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 24, 1997, passed the following bills in which the concurrence
  of the
  House was asked:

  Senate File 190, a bill for an act relating to granting easements on
  certain property by the department of natural resources.

  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.

  ALSO: That the House has on March 24, 1997, passed the following bills in
  which
  the concurrence of the Senate is asked:

  House File 367, a bill for an act relating to the transfer of job
  training withholding payments to the workforce development fund
  account, making an appropriation, and providing effective and
  retroactive applicability date provisions.

  This bill was read first time and passed on file.

  House File 645, a bill for an act relating to the financial and
  regulatory procedures of counties, cities, and drainage districts, by
  amending the powers and duties of county treasurers and including
  an effective date provision.

  This bill was read first time and passed on file.

  House File 661, a bill for an act relating to the adjudication and
  sentencing of certain criminal offenders, by providing for notice and
  hearings on reconsiderations of sentence, permitting the presentation
  of oral victim impact statements at reconsideration of sentence
  hearings, and eliminating certain sexual offenders from eligibility for
  suspended or deferred sentences or deferred judgments.

  This bill was read first time and passed on file.
  766 JOURNAL OF THE SENATE 71st Day
  House File 687, a bill for an act relating to statutory references to
  the Iowa beef industry council and increasing an excise tax on beef
  cattle upon a referendum.

  This bill was read first time and passed on file.

  ALSO: That the House has on March 24, 1997, concurred in the Senate
  amendment
  and passed the following bill in which the concurrence of the House was
  asked:

  House File 388, a bill for an act reducing the state individual
  income tax rates by fifteen percent and including an effective date
  provision.
  71st Day MONDAY, MARCH 24, 1997 767
  APPENDIX

  BILLS ASSIGNED TO COMMITTEE

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

  S. C. R. 8 Ways and Means
  H. F.  367 Small Business & Econ. Dev.
  H. F.  554 Appropriations
  H. F.  661 Judiciary
  H. F.  687 Agriculture

  AMENDMENTS FILED

  S(3201 S. F.  284 Merlin E. Bartz
  S(3202 S. F.  291 John P. Kibbie
  S(3203 S. F.  519 Robert Dvorsky
  S(3204 S. F.  109 Steve King
  S(3205 S. F.  467 Jerry Behn
  S(3206 H. F.  236 Dick L. Dearden
  S(3207 H. F.  236 Dick L. Dearden
  S(3208 H. F.  236 Dick L. Dearden
  S(3209 S. F.  225 Sheldon Rittmer
  S(3210 S. F.  503 Larry McKibben
  Tom Vilsack
  S(3211 H. F.  236 Dick L. Dearden
  S(3212 S. F.  421 Johnie Hammond
  S(3213 H. F.  335 Michael E. Gronstal
  S(3214 S. F.  519 John Jensen
  S(3215 S. F.  519 John Jensen
  S(3216 S. F.  519 Derryl McLaren
  S(3217 S. F.  464 Steven D. Hansen
  S(3218 S. F.  519 Mike Connolly
  John W. Jensen

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 6:32 p.m.,
  until 9:00 a.m., Tuesday, March 25, 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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