Senate Journal: Wednesday, January 21, 1998

  TENTH CALENDAR DAY
  SEVENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Wednesday, January 21, 1998

  The Senate met in regular session at 9:03 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Paul Nyquist, pastor of the
  First Federated Church, Des Moines, Iowa.

  The Journal of Tuesday, January 20, 1998, was approved.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Borlaug for the day, on request of Senator Iverson.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 9:07 a.m.,
  until 1:00 p.m.
  APPENDIX

  PRESENTATION OF VISITORS

  The Iowa Arts Council presented the Urbandale High School
  Music Department Choral Group, who performed in the Senate
  chamber from 8:45 a.m. until 9:00 a.m. in honor of Arts Day at the
  Capitol

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  January 20, 1998, 3:00 p.m.

  Members Present:  McLaren, Chair; Kramer, Vice Chair; Behn, Black, Douglas,
  Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge, Horn, Jensen, Lundby,
  Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, and Tinsman.

  Members Absent:  Flynn, Ranking Member; Borlaug, and Vilsack (all excused).

  Committee Business:  Organizational meeting.

  Adjourned:  3:10 p.m.

  JUDICIARY

  Convened:  January 20, 1998, 4:00 p.m.

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

  Members Absent:  King and McKibben (both excused).

  Committee Business:  Assignment of bills.

  Adjourned:  4:05 p.m.

  CERTIFICATES OF RECOGNITION

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

  Evan Conklin, Davenport - For achieving the rank of Eagle Scout.  Senator
  Rife
  (1/20/98).
  President Don Roby, Decorah - For dedicated service as the President of
  Northeast
  Iowa Community College.  Senator Zieman (1/21/98).

  Eric Smith, Blue Grass - For achieving the rank of Eagle Scout.  Senator
  Rife
  (1/20/98).

  Ryan Wood, Walcott - For achieving the rank of Eagle Scout.  Senator Rife
  (1/20/98).

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2037

  STATE GOVERNMENT:  McLaren, Chair; Halvorson and Lundby

  Senate File 2038
  (Reassignment)

  STATE GOVERNMENT:  Tinsman, Chair; Deluhery and McKibben

  Senate File 2046

  NATURAL RESOURCES AND ENVIRONMENT:  Angelo, Chair; Borlaug and Dvorsky

  AMENDMENT FILED

  S-5006  SCR 1 Stewart Iverson
  Michael Gronstal
  AFTERNOON SESSION

  The Senate reconvened at 1:08 p.m., President Kramer presiding.

  QUORUM CALL

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

  The vote revealed 43 present, 6 absent and a quorum present.

  HOUSE AMENDMENT CONSIDERED

  Senate Concurrent Resolution 1

  Senator Iverson called up for consideration Senate Concurrent
  Resolution 1, a concurrent resolution relating to the compensation of
  chaplains, officers and employees of the seventy-seventh general
  assembly, amended by the House in House amendment S-3850, filed
  April 29, 1997.

  Senator Iverson offered amendment S-5006, filed by Senators
  Iverson and Gronstal from the floor to page 1 of S-3850 and moved its
  adoption.

  Amendment S-5006 was adopted by a voice vote.

  Senator Iverson moved the adoption of amendment S-3850 as
  amended, which motion prevailed by a voice vote.

  Senator Iverson moved the adoption of Senate Concurrent
  Resolution 1.

  A non-record roll call was requested.

  The ayes were 45, nays 2.

  Senate Concurrent Resolution 1, as amended, was adopted.
  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2029.

  Senate File 2029

  On motion of Senator Kibbie, Senate File 2029, a bill for an act
  relating to the composition of the board of podiatry examiners, was
  taken up for consideration.

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

  On the question "Shall the bill pass?" (S.F. 2029), the vote was:

  Ayes, 47:

  Angelo Bartz Behn Black
  Boettger Connolly Dearden Deluhery
  Douglas Drake Dvorsky Fink
  Flynn Fraise Freeman Gettings
  Gronstal Halvorson Hammond Hansen
  Harper Hedge 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, 2:

  Borlaug Horn

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

  Senator Iverson asked and received unanimous consent that
  Senate Concurrent Resolution 1 and Senate File 2029 be
  immediately messaged to the House.

  UNFINISHED BUSINESS
  (Deferred April 10, 1997)

  House File 8

  On motion of Senator Rittmer, the Senate resumed consideration
  of House File 8, a bill for an act relating to the funding of state
  mandates, deferred April 10, 1997.

  Senator Rittmer offered amendment S-5008, filed by him from the
  floor to page 1 of the bill.

  Senator Halvorson called for a division of amendment S-5008:
  lines 3-6 as division S-5008A; lines 10-13 as division S-5008B.

  Senator Rittmer moved the adoption of division S-5008A, which
  motion prevailed by a voice vote.

  Senator Halvorson asked and received unanimous consent that
  action on division S-5008B be deferred.

  Senator Vilsack offered amendment S-3471, filed by him on April
  10, 1997, to page 1 of the bill and moved its adoption.

  Amendment S-3471 was adopted by a voice vote.

  Senator Halvorson offered amendment S-5009 filed by him from
  the floor to page 1 of the bill and moved its adoption.

  Amendment S-5009 was adopted by a voice vote.

  With the adoption of amendment S-5009, amendment S-5008
  division B, previously deferred, was ruled out of order.
  Senator Halvorson offered amendment S-5010, filed by him from
  the floor, to page 1 of the bill and moved its adoption.

  A non-record roll call was requested.

  The ayes were 19, nays 29.

  Amendment S-5010 lost.

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

  On the question "Shall the bill pass?" (H.F. 8), the vote was:

  Ayes, 47:

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

  Borlaug Judge

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

  Senator Iverson asked and received unanimous consent that
  House File 8 be immediately messaged to the House.

  INTRODUCTION OF BILLS

  Senate File 2047, by Rife, a bill for an act relating to the
  deduction of amounts paid for long-term nursing home care insurance
  for purposes of the state individual income tax and providing an
  effective and retroactive applicability date provision.

  Read first time and passed on file.

  Senate File 2048, by Bartz, a bill for an act relating to
  participation in interscholastic athletic contests and athletic
  competitions by pupils participating in open enrollment.

  Read first time and passed on file.

  Senate File 2049, by Borlaug, a bill for an act prohibiting the
  construction or expansion of earthen manure structures associated
  with confinement feeding operations, and providing an effective date.

  Read first time and passed on file.

  Senate File 2050, by Vilsack, a bill for an act providing for county
  zoning of confinement feeding operations and related structures
  constructed pursuant to a permit approved by the department of
  natural resources.

  Read first time and passed on file.
  APPENDIX

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  January 20, 1998, 10:45 a.m.

  Members Present:  Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; Redwine, and Szymoniak.

  Members Absent:  None.

  Committee Business:  Presentations by LFB, Economic Assistance Division.

  Adjourned:  12:15 p.m.

  APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL
  RESOURCES

  Convened:  January 21, 1998, 9:40 a.m.

  Members Present:  Hedge, Chair; Rensink, Vice Chair; Black, Ranking Member;
  Behn, and Dearden.

  Members Absent:  None.

  Committee Business:  Budget presentation by DNR.

  Adjourned:  11:20 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT

  Convened:  January 21, 1998, 9:36 a.m.

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

  Members Absent:  Borlaug, Chair (excused).

  Committee Business:  Presentation by DED.

  Adjourned:  11:22 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS

  Convened:  January 21, 1998, 9:35 a.m.

  Members Present:  Rittmer, Chair; McKibben, Vice Chair; Flynn, Ranking
  Member;
  and Palmer.
  Members Absent:  Kramer (excused)

  Committee Business:  Presentation by DPH.

  Adjourned:  11:28 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM

  Convened:  January 21, 1998, 9:36 a.m.

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

  Members Absent:  None.

  Committee Business:  Presentations from Department of Justice, Public
  Defender/Indigent Defense, and Department of Public Safety.

  Adjourned:  11:13 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND
  COMMUNICATIONS

  Convened:  January 21, 1998, 9:40 a.m.

  Members Present:  Rife, Chair; King, Vice Chair; Neuhauser, Ranking Member;
  Deluhery, and Jensen.

  Members Absent:  None.

  Committee Business:  Presentation from Information Technology Services.

  Adjourned:  11:27 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION,
  INFRASTRUCTURE AND CAPITALS

  Convened:  January 21, 1998, 9:41 a.m.

  Members Present:  Freeman, Chair; Drake, Vice Chair; Halvorson, Ranking
  Member;
  Connolly, and Douglas.

  Members Absent:  None.

  Committee Business:  Presentations by IPERS, Department of Corrections, and
  DNR.

  Adjourned:  11:25 a.m.

  AGRICULTURE

  Convened:  January 21, 1998, 8:30 a.m.
  Members Present:  Rensink, Chair; Judge, Ranking Member; Angelo, Bartz,
  Behn,
  Black, Fraise, Gettings, Hedge, Kibbie, McLaren, Rehberg, Vilsack, and
  Zieman.

  Members Absent:  Rife (excused).

  Committee Business:  Assigned bills.  Passed SSB 2002.

  Adjourned:  8:50 a.m.

  COMMITTEE REPORTS
  AGRICULTURE

  Final Bill Action:  SENATE FILE 2052 (SSB 2002), a bill for an act relating
  to the
  state ceiling on the issuance of private activity bonds to administer
  programs by
  governmental entities, including the Iowa agricultural development
  authority, and
  political subdivisions.

  Recommendation:  APPROVED COMMITTEE BILL.

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

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  SENATE FILE 2023, a bill for an act relating to the
  issuance of ex-
  prisoner of war motor vehicle registration plates to surviving spouses.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Drake, McCoy, Connolly, Douglas, Fraise, Freeman,
  Gettings,
  Halvorson, Jensen, McKibben, and Rittmer.  Nays,  none.  Absent or not
  voting, 2:
  Borlaug and McKean.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.


  SUPPLEMENTAL REPORT OF THE COMMITTEE ON MILEAGE

  MADAM PRESIDENT:  Your committee appointed to determine the mileage for the
  members of the Senate submits the following supplemental report:

   NAME    ROUND TRIP MILEAGE

  Douglas, JoAnn 60

  Respectfully Submitted,
  Mary Lou Freeman, Chair
  John W. Jensen
  Don E. Gettings
  Michael Connolly

  INTRODUCTION OF BILLS

  Senate File 2051, by Douglas, a bill for an act providing that a
  mechanic's lien filed by a subcontractor against an owner-occupant is
  enforceable only to the extent of the amount due to the primary
  contractor under the principal contract, less any payments made
  under the contract prior to service and receipt of the notice of
  mechanic's lien.

  Read first time under Rule 28 and passed on file.

  Senate File 2052, by committee on Agriculture, a bill for an act
  relating to the state ceiling on the issuance of private activity bonds
  to administer programs by governmental entities, including the Iowa
  agricultural development authority, and political subdivisions.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 2015  Human Resources

  Relating to the continued operation of the innovation zone board.

  SSB 2016 Natural Resources

  Relating to department of natural resources pollution programs by
  eliminating requirements for a pollution hotline and pesticide and
  fertilizer contaminated sites classification.

  SSB 2017 Human Resources

  Providing for the appointment of an additional member to the
  family development and self-sufficiency council.

  SSB 2018 Transportation

  Relating to exemptions from distinguishing registration plates for
  motor vehicles.
  SSB 2019 Transportation

  Relating to the identification of motor vehicles and any component
  or other parts used on or in motor vehicles and making a penalty
  applicable.

  SSB 2020 Natural Resources

  Relating to the management of lakes under the jurisdiction of the
  department of natural resources, authorizing lake management
  districts, authorizing the imposition of property tax levies, and
  making an appropriation.

  SSB 2021 Ways & Means

  Relating to a delay in implementing the inclusion of certain
  information on property tax statements by providing a deferral
  application process and providing an effective date.


  BILLS ASSIGNED TO COMMITTEE

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

  S.F. 2047 Ways & Means
  S.F. 2048 Education
  S.F. 2049 Agriculture
  S.F. 2050 Agriculture
  S.F. 2051 Judiciary


  SUBCOMMITTEE ASSIGNMENTS

  Senate File 45
  (Reassignment)

  LOCAL GOVERNMENT:  Behn, Chair; Boettger and Dearden

  Senate File 107
  (Reassignment)

  LOCAL GOVERNMENT:  Behn, Chair; Angelo and Hansen
  Senate File 121
  (Reassignment)

  LOCAL GOVERNMENT:  Boettger, Chair; Connolly and Redwine

  Senate File 156

  HUMAN RESOURCES:  Boettger, Chair; Behn and Dvorsky

  Senate File 157

  HUMAN RESOURCES:  Boettger, Chair; Behn and Dvorsky

  Senate File 179
  (Reassignment)

  LOCAL GOVERNMENT:  Bartz, Chair; Behn and Hansen

  Senate File 517
  (Reassignment)

  LOCAL GOVERNMENT:  Connolly, Chair; Behn and Schuerer

  SSB 2002

  AGRICULTURE:  Bartz, Chair; Fraise and Hedge

  SSB 2011

  WAYS AND MEANS:  McKibben, Chair; Deluhery and Douglas

  SSB 2012

  WAYS AND MEANS:  Maddox, Chair; Hedge and Palmer

  SSB 2015

  HUMAN RESOURCES:  Szymoniak, Chair; Boettger and Tinsman

  SSB 2016

  NATURAL RESOURCES AND ENVIRONMENT:  Fink, Chair; Iverson, and Rehberg

  SSB 2017

  HUMAN RESOURCES:  Hammond, Chair; Behn and Schuerer

  SSB 2018

  TRANSPORTATION:  Freeman, Chair; Connolly and Rittmer
  SSB 2019

  TRANSPORTATION:  Drake, Chair; Jensen and McCoy

  SSB 2020

  NATURAL RESOURCES AND ENVIRONMENT:  Bartz, Chair; Angelo, Dvorsky,
  Fink, and Freeman

  SSB 2021

  WAYS AND MEANS:  Douglas, Chair; Freeman and Szymoniak

  AMENDMENTS FILED

  S-5007  S.F. 2026 Mike Connolly
  S-5008  H.F. 8 Sheldon Rittmer
  S-5009  H.F. 8 Rod Halvorson
  S-5010  H.F. 8 Rod Halvorson

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 2:13 p.m.,
  until 9:00 a.m., Thursday, January 22, 1998.



















  98 JOURNAL OF THE SENATE 10th Day
  10th Day WEDNESDAY, JANUARY 21, 1998 99

© 1998 Cornell College and League of Women Voters of Iowa

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