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SIXTY-FOURTH CALENDAR DAY THIRTY-SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 17, 1997 The Senate met in regular session at 1:20 p.m., President Kramer presiding. Prayer was offered by Kelly R. Barry from Woodbine, Iowa who sang "Rise Again". The Journal of Thursday, March 13, 1997, was approved. INTRODUCTION OF BILLS Senate File 475, by committee on Natural Resources and Environment, a bill for an act relating to the cleanup and reuse of contaminated property, environmental remediation standards and review procedures, participation in the remediation of contaminated property, liability for the voluntary cleanup of contaminated property, liability protections, and establishing a land recycling fund. Read first time and placed on calendar. Senate File 476, by committee on Judiciary, 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. Read first time and placed on calendar. Senate File 477, by committee on State Government, a bill for an act establishing a board of dental health professions examiners and dental, dental hygiene, and dispute resolution panels. Read first time and placed on calendar. 64th Day MONDAY, MARCH 17, 1997 619 Senate File 478, by committee on Human Resources, a bill for an act relating to the grounds for termination of parental rights of a putative father. Read first time and placed on calendar. Senate File 479, by committee on Human Resources, a bill for an act relating to child custody, support, and visitation, and providing penalties. Read first time and placed on calendar. Senate File 480, by committee on Education, a bill for an act relating to tuition and fees charged by public school districts and providing an immediate effective date. Read first time and placed on calendar. Senate File 481, by committee on Business and Labor, a bill for an act establishing the senior conservation and outdoor recreation employment program under the administration of the department of workforce development, providing for a related matter, and providing an appropriation. Read first time and placed on calendar. Senate File 482, by committee on Education, a bill for an act relating to the increase in the physical plant and equipment levy. Read first time and placed on calendar. Senate File 483, by committee on Education, a bill for an act eliminating an alternative to the annual achievement evaluations required to assess the academic progress of children receiving private instruction. Read first time and placed on calendar. Senate File 484, by committee on Agriculture, a bill for an act providing for the regulation of grain dealers. Read first time and placed on calendar. 620 JOURNAL OF THE SENATE 64th Day Senate File 485, by committee on Education, a bill for an act creating an Iowa tribute tuition grant and providing for an appropriation and an applicability date. Read first time and placed on calendar. Senate File 486, by committee on State Government, a bill for an act concerning the manufacture of beer for family or personal use. Read first time and placed on calendar. Senate File 487, by committee on Judiciary, 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 placed on calendar. Senate File 488, by committee on Natural Resources and Environment, a bill for an act relating to the protection of blufflands by creating a blufflands protection revolving fund, by empowering the soil conservation division of the department of agriculture and land stewardship to establish a blufflands protection program, by making an appropriation for the provision of loans to certain nonprofit conservation organizations, and by providing for other properly related matters. Read first time and placed on calendar. Senate File 489, by committee on Human Resources, a bill for an act requiring third-party payor coverage for diagnostic screening for prostate cancer. Read first time and placed on calendar. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 45 present, 5 absent and a quorum present. BILL REFERRED TO COMMITTEE Senate Iverson asked and received unanimous consent that Senate File 364 be referred from the Regular Calendar to the committee on Ways and Means. 64th Day MONDAY, MARCH 17, 1997 621 CONSIDERATION OF BILLS (Regular Calendar) Senate File 293 On motion of Senator Douglas, Senate File 293, a bill for an act increasing the property damage limit for mandatory reporting of motor vehicle accidents, was taken up for consideration. Senator Douglas offered amendment S-3121 filed by her on March 12, 1997, to page 1 of the bill and moved its adoption. Amendment S-3121 was adopted by a voice vote. Senator Douglas 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. 293) the vote was: Ayes, 50: 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 Lind 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. Senate File 280 On motion of Senator Tinsman, Senate File 280, a bill for an act providing immunity from civil liability for an employer or employer's representative who acts reasonably in providing information about a 622 JOURNAL OF THE SENATE 64th Day current or former employee of the employer, was taken up for consideration. Senator Vilsack offered amendment S-3118 filed by him on March 6, 1997, to page 1 of the bill, moved its adoption and requested a record roll call. On the question "Shall amendment S-3118 be adopted?" (S.F. 280) 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, 29: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen King Kramer Lind Lundby Maddox McKean McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3118 lost. Senator Vilsack asked and received unanimous consent that action on Senate File 280 be deferred. CONSIDERATION OF BILL (Appropriations Calendar) Senate File 240 On motion of Senator Tinsman, Senate File 240, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than 64th Day MONDAY, MARCH 17, 1997 623 anticipated or if federal block grants are more or less than anticipated, was taken up for consideration. Senator Flynn asked and received unanimous consent that action on Senate File 240 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senate File 354 On motion of Senator King, Senate File 354, a bill for an act relating to the kinds of city utility or enterprise services for which a landlord may be exempted from a lien for delinquent payments by a tenant, was taken up for consideration. 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. 354) the vote was: Ayes, 39: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Dearden Douglas Drake Fink Flynn Freeman Halvorson Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Tinsman Zieman Nays, 10. Connolly Deluhery Dvorsky Fraise Gettings Gronstal Hammond Neuhauser Szymoniak Vilsack Absent or not voting, 1. Rife 624 JOURNAL OF THE SENATE 64th Day The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. INTRODUCTION OF BILLS Senate File 490, by committee on Judiciary, a bill for an act relating to the consumer fraud law by providing limited immunity from prosecution for providing certain information, authorizing the attorney general to commence an action related to telemarketing, and authorizing the attorney general to establish and accept a civil penalty in settlement of an investigation. Read first time and placed on calendar. Senate File 491, by committee on Judiciary, a bill for an act relating to limited partnerships and the rights and duties of limited partners, partnership agreements, duties of the secretary of state with respect to limited partnerships, and other related matters affecting foreign and domestic limited partnerships, and establishing fees and penalties. Read first time and placed on calendar. Senate File 492, by committee on Business and Labor, a bill for an act relating to unemployment compensation benefits concerning proof of whether a person has voluntarily quit employment. Read first time and placed on calendar. Senate File 493, by committee on Judiciary, a bill for an act relating to the procedures and requirements relating to guardianships and conservatorships. Read first time and placed on calendar. Senate File 494, by committee on State Government, a bill for an act relating to the regulation of the practice of respiratory care. Read first time and placed on calendar. 64th Day MONDAY, MARCH 17, 1997 625 Senate File 495, by committee on Judiciary, 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 placed on calendar. Senate File 496, by committee on Judiciary, a bill for an act relating to the modification of domestic abuse no-contact orders. Read first time and placed on calendar. Senate File 497, by committee on Judiciary, a bill for an act prohibiting the possession or distribution of gamma-hydroxybutyric acid under certain circumstances, and providing a penalty. Read first time and placed on calendar. Senate File 498, by committee on State Government, a bill for an act relating to the disclosure of violations and final findings following inspections of health care facilities. Read first time and placed on calendar. Senate File 500, by committee on State Government, a bill for an act relating to pari-mutuel racing and excursion boat gambling, and providing penalties and an effective date. Read first time and placed on calendar. Senate File 501, by committee on Small Business, Economic Development and Tourism, a bill for an act relating to the department of workforce development and the enforcement of employment laws concerning emergency and hazardous materials inventories, construction contractors, amusement rides, asbestos and employment agency licenses, wage assignments, and boxing and wrestling. Read first time and placed on calendar. Senate File 502, by committee on Agriculture, 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. 626 JOURNAL OF THE SENATE 64th Day Read first time and placed on calendar. Senate File 503, by committee on Judiciary, a bill for an act relating to criminal justice, by providing for enhanced punishment for manufacturing methamphetamine in the presence of minors, providing restrictions on public nudity and actual or simulated public performance of sex acts in certain establishments, providing for abatement of nuisance created by certain establishments which allow or permit public nudity or actual or simulated public performances of sex acts in their establishment, making changes relating to permits and rights to carry and acquire weapons, providing for hormonal intervention therapy for persons convicted of certain sex offenses, authorizing probation supervision and revocation by administrative parole and probation judges in the sixth judicial district, providing restitution for death of a victim of a crime, and providing penalties and an effective date. Read first time and placed on calendar. CONSIDERATION OF BILL (Regular Calendar) Senate Joint Resolution 9 On motion of Senator Lundby, Senate Joint Resolution 9, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the qualifications of electors, with report of committee recommending passage, was taken up for consideration. Senator Deluhery asked and received unanimous consent that action on Senate Joint Resolution 9 be deferred. UNFINISHED BUSINESS CALENDAR (Deferred February 27, 1997) Senate File 205 The Senate resumed consideration of Senate File 205, a bill for an act relating to continued eligibility under the new jobs and income program concerning the ownership of land by nonresident aliens and certain capital investment and job creation provisions, deferred February 27, 1997. 64th Day MONDAY, MARCH 17, 1997 627 Senator Vilsack offered amendment S-3113 filed by him on March 5, 1997, to page 1 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3113 be adopted?" (S.F. 205) the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 22: Black, D. Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Gronstal Hammond Hansen Hedge Horn Judge Kibbie McCoy McKean Neuhauser Palmer Szymoniak Vilsack Nays, 28: Angelo Bartz Behn Black, J. Boettger Borlaug Douglas Drake Freeman Halvorson Iverson Jensen King Kramer Lind Lundby Maddox McKibben McLaren Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Tinsman Zieman Amendment S-3113 lost. Senator Gronstal asked and received unanimous consent that action on Senate File 205 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senate File 40 On motion of Senator Drake, Senate File 40, a bill for an act prohibiting the use of official law enforcement warning devices or signals in the attempt or commission of a public offense, and 628 JOURNAL OF THE SENATE 64th Day providing penalties, with report of committee recommending passage, was taken up for consideration. Senator Drake offered amendment S-3033 filed by Senators Drake, Rensink and King on February 4, 1997, to page 1 of the bill and moved its adoption. Amendment S-3033 was adopted by a voice vote. Senator Drake moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 40) 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 Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 1. Hammond Absent or not voting, 1. Redwine 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 292 On motion of Senator Hedge, Senate File 292, a bill for an act relating to cooperative corporations, by providing for the transfer of 64th Day MONDAY, MARCH 17, 1997 629 stock, the allocation of patronage dividends upon termination of membership, and dissolution, was taken up for consideration. Senator McLaren offered amendment S-3132 filed by Senators McLaren, Kibbie and Rensink from the floor to page 1 of the bill and moved its adoption. Amendment S-3132 was adopted by a voice vote. Senator Hedge 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. 292) the vote was: Ayes, 50: 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 Lind 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. BUSINESS PENDING Senate File 280 The Senate resumed consideration of Senate File 280, a bill for an act providing immunity from civil liability for an employer or employer's representative who acts reasonably in providing information about a current or former employee of the employer, previously deferred. 630 JOURNAL OF THE SENATE 64th Day Senator Vilsack offered amendment S-3134 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-3134 lost by a voice vote. Senator Gronstal rose on a point of order that the subject matter of Senate File 280 came under the jurisdiction of the Commerce committee and should be referred to Commerce. The Chair stated that it is the President's responsibility to assign bills to committee, and that she stands by the assignment of Senate File 280 to the committee on Judiciary. Senator Vilsack asked and received unanimous consent that action on Senate File 280 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senate File 236 On motion of Senator Tinsman, Senate File 236, a bill for an act relating to the certificate of need program, was taken up for consideration. Senator Freeman withdrew amendment S-3131 filed by her from the floor to pages 1 and 6 of the bill. Senator Freeman withdrew amendment S-3130 filed by her from the floor to page 2 of the bill. Senator Redwine offered amendment S-3127 filed by him from the floor to page 2 of the bill and moved its adoption. Amendment S-3127 was adopted by a voice vote. 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. 64th Day MONDAY, MARCH 17, 1997 631 On the question "Shall the bill pass?" (S.F. 236) the vote was: Ayes, 50: 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 Lind 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. BUSINESS PENDING Senate File 205 The Senate resumed consideration of Senate File 205, a bill for an act relating to continued eligibility under the new jobs and income program concerning the ownership of land by nonresident aliens and certain capital investment and job creation provisions, previously deferred. Senator Gronstal offered amendment S-3137 filed by Senators Gronstal and Rittmer on March 17, 1997, to page 1 of the bill and moved its adoption. A record roll call was requested. On the question "Shall amendment S-3137 be adopted?" (S.F. 205) the vote was: Ayes, 48: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly 632 JOURNAL OF THE SENATE 64th Day Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 2: Rehberg Vilsack Amendment S-3137 was adopted. With the adoption of amendment S-3137, the Chair ruled amendment S-3136 filed by Senator Gronstal from the floor to page 1 of the bill, out of order. Senator Rittmer moved that the bill be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the bill was read the last time. On the question "Shall the bill pass?" (S.F. 205) the vote was: Ayes, 47: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Freeman Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Zieman Nays, 2: Fraise Gettings 64th Day MONDAY, MARCH 17, 1997 633 Absent or not voting, 1: Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. CONSIDERATION OF BILLS (Regular Calendar) Senate File 300 On motion of Senator Hammond, Senate File 300, a bill for an act relating to the prohibited sale of home testing kits for the human immunodeficiency virus, was taken up for consideration. Senator Hammond 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. 300) the vote was: Ayes, 50: 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 Lind 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. 634 JOURNAL OF THE SENATE 64th Day Senate File 316 On motion of Senator Black of Kossuth, Senate File 316, a bill for an act relating to the probationary period for deputy sheriffs, was taken up for consideration. Senator Black of Kossuth 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. 316) the vote was: Ayes, 49: 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 Lind Lundby McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Maddox The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 379 On motion of Senator Lind, Senate File 379, a bill for an act providing for maintenance and repair of out-of-state commercial vehicles and providing an effective date, was taken up for consideration. 64th Day MONDAY, MARCH 17, 1997 635 Senator Lind offered amendment S-3135 filed by him from the floor to page 1 and the title page of the bill and moved its adoption. Amendment S-3135 was adopted by a voice vote. Senator Lind 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. 379) the vote was: Ayes, 50: 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 Lind 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 (Ways and Means Calendar) Senate File 30 On motion of Senator Hedge, 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 636 JOURNAL OF THE SENATE 64th Day applicability date provisions, with report of committee recommending passage, was taken up for consideration. Senator Hedge 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. 30) the vote was: Ayes, 50: 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 Lind 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 BILLS (Regular Calendar) Senate File 296 On motion of Senator Redfern, Senate File 296, a bill for an act relating to nonoccupational health care plan payments when an employer disputes workers' compensation liability, was taken up for consideration. Senator Dearden asked and received unanimous consent that action on Senate File 296 be deferred. 64th Day MONDAY, MARCH 17, 1997 637 Senate File 301 On motion of Senator Tinsman, Senate File 301, 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, was taken up for consideration. Senator Tinsman asked and received unanimous consent that House File 320 be substituted for Senate File 301. Senator Gronstal raised the point of order that House File 320 was not eligible for debate under Joint Rule 20. Senator Tinsman asked and received unanimous consent that action on House File 320 be deferred. BUSINESS PENDING Senate File 240 The Senate resumed consideration of Senate File 240, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, previously deferred. Senator Iverson asked and received unanimous consent that action on Senate File 240 be deferred. BUSINESS PENDING Senate File 280 The Senate resumed consideration of Senate File 280, a bill for an act providing immunity from civil liability for an employer or employer's representative who acts reasonably in providing 638 JOURNAL OF THE SENATE 64th Day information about a current or former employee of the employer, previously deferred. Senator Vilsack offered amendment S-3140 filed by him from the floor to page 1 and the title page of the bill and moved its adoption. Amendment S-3140 was adopted by a voice vote. 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. 280) the vote was: Ayes, 45: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Deluhery Douglas Drake Dvorsky Flynn Fraise Freeman Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, 5: Connolly Dearden Fink Gettings Gronstal The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate Joint Resolution 9 The Senate resumed consideration of Senate Joint Resolution 9, a joint resolution proposing an amendment to the Constitution of the 64th Day MONDAY, MARCH 17, 1997 639 State of Iowa relating to the qualifications of electors, previously deferred. Senator Deluhery offered amendment S-3142 filed by Senators Deluhery, et al., on March 17, 1997, to page 1 of the resolution and moved its adoption. Amendment S-3142 was adopted by a voice vote. Senator Lundby moved that the resolution be read the last time now and placed upon its passage, which motion prevailed by a voice vote, and the resolution was read the last time. Senate Joint Resolution 9, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the qualifications of electors. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: Section 1. The following amendment to the Constitution of the State of Iowa is proposed: Section 5 of Article II of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof: DISQUALIFIED PERSONS. Sec. 5. A person adjudged mentally incompetent or convicted of any felony shall not be entitled to the privilege of an elector. Sec. 2. The foregoing amendment to the Constitution of the State of Iowa is referred to the General Assembly to be chosen at the next general election for members of the General Assembly, and the Secretary of State is directed to cause the same to be published for three consecutive months previous to the date of that election as provided by law. On the question "Shall the resolution pass?" (S.J.R. 9) the vote was: Yeas, 50: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake 640 JOURNAL OF THE SENATE 64th Day Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lind Lundby Maddox McCoy McKean McKibben McLaren Neuhauser Palmer Redfern Redwine Rehberg Rensink Rife Rittmer Schuerer Szymoniak Tinsman Vilsack Zieman Nays, none. The resolution having received a constitutional majority was declared to have passed the Senate and the title was agreed to. IMMEDIATELY MESSAGED Senator Iverson asked and received unanimous consent that Senate Files 30, 40, 205, 236, 280, 292, 293, 300, 316, 354, 379 and Senate Joint Resolution 9 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 17, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 167, a bill for an act relating to eligibility requirements for workers' compensation. This bill was read first time and passed on file. House File 218, a bill for an act relating to service of notices of appraisement of property for state inheritance tax purposes. This bill was read first time and passed on file. House File 308, a bill for an act relating to notification requirements for communications between a debt collector and a debtor. 64th Day MONDAY, MARCH 17, 1997 641 This bill was read first time and passed on file. House File 313, a bill for an act requiring criminal and child abuse record checks of persons receiving state funding for providing child day care, and making a penalty applicable. This bill was read first time and passed on file. House File 368, a bill for an act relating to the establishment of the entrepreneurial ventures assistance program and allocating funds from the Iowa strategic investment fund for the administration and operation of the program. This bill was read first time and passed on file. House File 371, a bill for an act relating to the issuing of temporary orders for support, custody, or visitation of a child born outside of marriage. This bill was read first time and passed on file. House File 398, a bill for an act relating to subject matter under the regulatory authority of the labor commissioner, including the construction contractors law, and making nonsubstantive Code corrections relating to the child labor law. This bill was read first time and passed on file. House File 399, a bill for an act relating to inspections of unfired steam pressure vessels. This bill was read first time and passed on file. House File 495, a bill for an act relating to certain machinery, equipment, and computers for purposes of property taxation and providing an applicability date. This bill was read first time and passed on file. House File 545, a bill for an act relating to the criteria for placement of delinquent children, for whom guardianship has been transferred to the director of human services, in certain facilities. 642 JOURNAL OF THE SENATE 64th Day This bill was read first time and passed on file. House File 552, a bill for an act eliminating notice requirements relating to the location of certain electric transmission lines, wires, or cables. This bill was read first time and passed on file. House File 553, a bill for an act amending the uniform securities Act relating to the registration of securities and the registration of broker- dealers and agents, establishing fees, and providing an effective date. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate File 499, by Iverson, a bill for an act relating to privileges and prohibitions for certain persons including those relating to motor vehicle licenses and to the regulation of tobacco, tobacco products, or cigarettes, and providing penalties. Read first time and passed on file. Senate File 504, by Deluhery, a bill for an act relating to crime prevention by creating a local corrections infrastructure grant program, authorizing the use of bonding, making appropriations, imposing a civil penalty for certain motor vehicle license revocations, imposing a surcharge on criminal fines and forfeitures, providing for mandatory wage assignment for certain delinquent fines, and providing an effective date. Read first time and passed on file. Senate File 505, by Freeman, a bill for an act relating to the allocation of the state franchise tax revenues and providing an applicability date provision. Read first time and passed on file. Senate File 506, by Szymoniak, a bill for an act relating to child welfare by providing for review of child deaths, providing for the use 64th Day MONDAY, MARCH 17, 1997 643 of certain forfeited property, planning for a family needs assessment and services program, and providing penalties. Read first time and passed on file. Senate File 507, by Lundby, a bill for an act relating to a property tax exemption for certain soldiers, sailors, marines, or nurses who are discharged under honorable conditions from the United States armed forces. Read first time and passed on file. Senate File 508, by committee on Commerce, a bill for an act allowing account maintenance fees to be charged in connection with certain consumer lines of credit accounts in certain financial institutions. Read first time and placed on calendar. Senate File 509, by committee on State Government, a bill for an act limiting the amount of contributions a candidate for office may accept from outside the candidate's elective district, and providing a penalty. Read first time and placed on calendar. Senate File 510, by committee on Small Business, Economic Development and Tourism, a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone. Read first time and placed on calendar. Senate File 511, by committee on Human Resources, a bill for an act providing for the liability of a person with supervisory or other administrative responsibilities over an individual who the person knew or suspected committed abuse of a child. Read first time and placed on calendar. 644 JOURNAL OF THE SENATE 64th Day Senate File 512, by committee on Judiciary, a bill for an act relating to estate issues by modifying the warranty by a trustee, exemptions from execution and beneficiary designations and transfer- upon-death provisions related to pension and retirement accounts, jurisdiction of the probate court, fees payable on certain trusts, claims against estates for medical assistance payments, notice provisions relating to claims against estates, termination of conservatorships, and disclaimers made by beneficiaries. Read first time and placed on calendar. 64th Day MONDAY, MARCH 17, 1997 645 APPENDIX COMMITTEE REPORTS AGRICULTURE Final Bill Action: *SENATE FILE 484 (formerly Senate File 356), a bill for an act providing a system for the establishment, assessment, and collection of civil penalties imposed on grain dealers and warehouse operators. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Fraise, Hedge, Kibbie, Rehberg, Rife, Vilsack and Zieman. Nays, none. Absent or not voting, 1: Gettings. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. * *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Agriculture Committee on Senate File 484 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 502 (SSB 225), 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Rensink, J. Black, Judge, Angelo, Bartz, Behn, D. Black, Hedge, Rehberg, Rife, Vilsack and Zieman. Nays, 2: Fraise and Kibbie. Absent or not voting, 1: Gettings. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. * *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Agriculture Committee on Senate File 502 and they were attached to the committee report. BUSINESS AND LABOR Final Bill Action: *SENATE FILE 481 (formerly Senate File 314), a bill for an act establishing the senior conservation and outdoor recreation employment program under the administration of the department of workforce development and providing for a related matter. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rife, King, Dearden, Behn, Freeman, Gettings, Horn, Jensen, Palmer, Schuerer and Zieman. Nays, none. 646 JOURNAL OF THE SENATE 64th Day 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 Business and Labor Committee on Senate File 481 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 492 (formerly Senate File 304), a bill for an act relating to unemployment compensation benefits concerning proof of whether a person has voluntarily quit employment. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Rife, King, Behn, Freeman, Jensen, Schuerer and Zieman. Nays 4: Dearden, Gettings, Horn and Palmer. 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 Business and Labor Committee on Senate File 492 and they were attached to the committee report. COMMERCE Final Bill Action: *SENATE FILE 508 (SSB 52), a bill for an act allowing account maintenance fees to be charged in connection with certain consumer lines of credit accounts in certain financial institutions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Jensen, Schuerer, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Redfern and Rife. Nays, 2: Deluhery and Palmer. 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 508 and they were attached to the committee report. EDUCATION Final Bill Action: *SENATE FILE 480 (SSB 110), a bill for an act relating to tuition and fees charged by public shcool districts and to tuition and fee waiver rules for indigent families, and providing an immediate effective date. Recommendation: APPROVED COMMITTEE BILL. Final Bill Action: Ayes, 10: Redfern, Rehberg, Angelo, J. Black, Boettger, Lind, Redwine, Rensink, Szymoniak and Tinsman. Nays, 5: Connolly, Dvorsky, Fink, Kibbie and Neuhauser. 64th Day MONDAY, MARCH 17, 1997 647 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 480 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 482 (SSB 244), a bill for an act relating to the increase in the physical plant and equipment levy. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Redfern, Rehberg, Angelo, J. Black, Boettger, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Nays, 1: Connolly. Absent or not voting, 1: Dvorsky. 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 482 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 483 (formerly Senate File 264), a bill for an act eliminating a component from an alternative to the annual achievement evaluations required to assess the academic progress of children receiving private instruction. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Redfern, Connolly, Dvorsky, Fink, Kibbie, Lind, Neuhauser, Szymoniak and Tinsman. Nays, 6: Rehberg, Angelo, J. Black, Boettger, Redwine and Rensink. 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 483 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 485 (formerly Senate File 133), a bill for an act creating an Iowa tribute tuition grant and providing for an appropriation and a applicability date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Redfern, Rehberg, Connolly, Angelo, Boettger,.Dvorsky, Fink, Kibbie, Lind, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Nays, 1: J. Black. Absent or not voting, 1: Dvorsky. 648 JOURNAL OF THE SENATE 64th Day 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 485 and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: *SENATE FILE 478 (formerly Senate File 142), a bill for an act relating to the grounds for termination of parental rights of a putative father. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine, Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, 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 Human Resources Committee on Senate File 478 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 479 (SSB 164), a bill for an act relating to child custody, support, and visitation, and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, 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 Human Resources Committee on Senate File 479 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 489 (formerly Senate File 199), a bill for an act requiring third-party payor coverage for diagnostic screening for prostate cancer. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Bartz, Dearden, Dvorsky, Hammond, Rensink, Tinsman and Vilsack. Nays, 6: Boettger, Redwine, Szymoniak, Behn, J. Black and Schuerer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 64th Day MONDAY, MARCH 17, 1997 649 *Pursuant to Senate Rule 40, the Legislative Service Bureau reported nonsubstantive changes to the members of the Human Resources Committee on Senate File 489 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 511 (formerly Senate File 282), a bill for an act providing for the civil liability of certain persons who knowingly fail to report child abuse or a sexual crime against a child. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, 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 Human Resources Committee on Senate File 511 and they were attached to the committee report. JUDICIARY Final Bill Action: SENATE FILE 225, a bill for an act concerning assistive devices by providing for express warranties, replacement of devices, and providing consumer remedies. Recommendation: DO PASS. Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Boettger, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Absent or not voting, 2: Drake and Fraise. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 476 (formerly Senate File 124), 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. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: 650 JOURNAL OF THE SENATE 64th Day Final Bill Action: SENATE FILE 487 (formerly Senate File 350), a bill for an act relating to the implementation of a court-annexed family mediation pilot project and providing for an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, McKibben, Redfern, Tinsman and Vilsack. Nays, 2: Angelo and King. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 490 (SSB 152), a bill for an act relating to the consumer fraud law by providing limited immunity from prosecution for providing certain information, authorizing the attorney general to commence an action related to telemarketing, and authorizing the attorney general to establish and accept a civil penalty in settlement of an investigation. 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 490 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 491 (SSB 209), a bill for an act relating to limited partnerships and the rights and duties of limited partners, partnership agreements, duties of the secretary of state with respect to limited partnerships, and other related matters affecting foreign and domestic limited partnerships, and establishing fees and penalties. 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 493 (SSB 118), a bill for an act relating to the procedures and requirements relating to guardianships and conservatorships. 64th Day MONDAY, MARCH 17, 1997 651 Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, none. Absent or not voting, 1: Maddox. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 495 (formerly Senate File 332), a bill for an act prohibiting gambling licensees from allowing the loaning of money by credit care or other electronic means for gambling purposes. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: McKean, Maddox, Neuhauser, Angelo, Boettger, Halvorson, Hammond, Hansen, King, Redfern and Tinsman. Nays, 2: Fraise and McKibben. Absent or not voting, 2: Drake and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 496 (formerly Senate File 325), a bill for an act relating to the modification of domestic abuse no-contact orders. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: McKean, Maddox, Neuhauser, Angelo, Boettger, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or not voting, 2: Drake and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 497 (formerly Senate File 382), a bill for an act prohibiting the possession or distribution of gamma-hydroxybutyric acid under certain circumstances, and providing a penalty. 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: 652 JOURNAL OF THE SENATE 64th Day Final Bill Action: *SENATE FILE 503 (SSB 194), a bill for an act relating to criminal justice, by providing for enhanced punishment for manufacturing methamphetamine in the presence of minors, providing restrictions on public nudity and actual or simulated public performance of sex acts in certain establishments, providing for abatement of nuisance created by certain establishments which allow or permit public nudity or actual or simulated public performances of sex acts in their establishment, making changes relating to permits and rights to carry and acquire weapons, providing for hormonal intervention therapy for persons convicted of certain sex offenses, authorizing probation supervision and revocation by administrative parole and probation judges in the sixth judicial district, providing restitution for death of a victim of a crime, and providing penalties and an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: McKean, Maddox, Neuhauser, Angelo, Boettger, Drake, Fraise, Halvorson, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Nays, 1: Hammond. Fiscal Note: 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 503 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 512 (formerly SSB 195), a bill for an act relating to estate issues by modifying the warranty by a trustee, exemptions from execution and beneficiary designations and transfer-upon-death provisions related to pension and retirement accounts, jurisdiction of the probate court, fees payable on certain trusts, claims against estates for medical assistance payments, notice provisions relating to claims against estates, termination of conservatorships, and disclaimers made by beneficiaries. 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 512 and they were attached to the committee report. NATURAL RESOURCES Final Bill Action: SENATE FILE 475 (formerly SSB 188.1), a bill for an act relating to the cleanup and reuse of contaminated property, environmental remediation standards and review procedures, participation in the remediation of contaminated property, liability for the voluntary cleanup of contaminated property, liability 64th Day MONDAY, MARCH 17, 1997 653 protections, and establishing a land recycling fund. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Bartz, Angelo, J. Black, Borlaug, Freeman, Hedge, McKibben, Rehberg and Zieman. Nays, 6: Fink, D. Black, Dearden, Deluhery, Dvorsky and Judge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 488 (formerly Senate File 167), a bill for an act relating to the protection of blufflands by creating a blufflands protection revolving fund, by empowering the soil conservation division of the department of agriculture and land stewardship to establish a blufflands protection program, by making an appropriation for the provision of loans to certain nonprofit conservation organizations, and by providing for other properly related matters. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Bartz, Angelo, Fink, D. Black, J. Black, Dearden, Deluhery, Dvorsky, Freeman, Hedge, McKibben and Rehberg. Nays, 3: Borlaug, Judge and Zieman. 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 Committee on Senate File 488 and they were attached to the committee report. SMALL BUSINESS AND ECONOMIC DEVELOPMENT Final Bill Action: *SENATE FILE 501 (SSB 72), a bill for an act relating to the department of workforce development and the enforcement of employment laws concerning emergency and hazardous materials inventories, occupational safety and health, construction contractors, amusement rides, asbestos and employment agency licenses, wage assignments, and boxing and wrestling. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Rittmer, Lundby, Boettger, Douglas, Hammond, King, Lind, McCoy, Palmer, Redwine and Schuerer. Nays, none. Absent or not voting, 2: Hansen and Flynn. 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 Small Business & Economic Development Committee on Senate File 501 and they were attached to the committee report. ALSO: 654 JOURNAL OF THE SENATE 64th Day Final Bill Action: *SENATE FILE 510 (SSB 202), a bill for an act relating to investments in counties and cities by providing for the establishment of enterprise zones in areas of counties and cities for which tax incentives and assistance are available for eligible businesses locating or located in the enterprise zone. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Rittmer, Lundby, Boettger, Douglas, Hammond, King, Lind, Palmer, Redwine and Schuerer. Nays, none. Absent or not voting, 2: Hansen and Flynn. 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 Small Business & Economic Development Committee on Senate File 510 and they were attached to the committee report. STATE GOVERNMENT Final Bill Action: SENATE FILE 211, a bill for an act relating to licensing and certification of certain occupations relating to real estate, by providing for appraiser certification, discipline of brokers and salespersons, and related matters, and making a penalty applicable. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3138. 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 477 (formerly Senate File 102), a bill for an act creating a board of dental hygiene examiners. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, 2: Halvorson and King. Absent or not voting, 1: Gronstal. 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 477 and they were attached to the committee report. 64th Day MONDAY, MARCH 17, 1997 655 ALSO: Final Bill Action: SENATE FILE 486 (formerly Senate File 370), a bill for an act concerning the manufacture of beer for family or personal use. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink, Gronstal, King, Lundby, McLaren and Rife. Nays, 1: Halvorson. Absent or not voting, 3: McKibben, Szymoniak and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 494 (SSB 238), a bill for an act relating to the regulation of the practice of respiratory care. 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 498 (formerly Senate File 349), a bill for an act relating to the disclosure of violations and final findings following inspections of health care facilities. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12 Lind, Rittmer, Kibbie, Deluhery, Drake, Fink, Gronstal, Halvorson, King, Lundby, McLaren and Rife. Nays, none. Absent or not voting, 3: McKibben, Szymoniak and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 500 (SSB 220), a bill for an act relating to pari- mutuel racing and excursion boat gambling, and providing penalties and an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Lind, Rittmer, Kibbie, Deluhery, Drake, Fink, Gronstal, Halvorson, King, Lundby, McKibben, McLaren, Rife, Szymoniak and Tinsman. Nays, 2: Deluhery and Halvorson. 656 JOURNAL OF THE SENATE 64th Day 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 500 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 509 (formerly Senate File 305), a bill for an act limiting the amount of contributions a candidate for office may accept from sources outside the candidate's elective district, and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Lind, Rittmer, Kibbie, Deluhery, Drake, Gronstal, Halvorson, King, Lundby and Rife. Nays, 2: Fink and Szymoniak. Absent or not voting, 3: McKibben, McLaren and Tinsman. 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 509 and they were attached to the committee report. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. F. 499 Judiciary S. F. 504 Judiciary S. F. 505 Ways and Means S. F. 506 Human Resources S. F. 507 Ways and Means H. F. 308 Judiciary H. F. 313 Human Resources H. F. 368 Small Bus. & Econ, Deve. H. F. 371 Judiciary H. F. 398 Business & Labor H. F. 399 Business & Labor H. F. 495 Ways and Means H. F. 545 Human Resources H. F. 552 Commerce 64th Day MONDAY, MARCH 17, 1997 657 COMPANION BILL RECEIVED On March 13, 1997, House File 320 was received and attached to companion Senate File 301 on the Senate calendar. BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Secretary of the Senate submitted the following report: MADAM PRESIDENT: The Secretary of the Senate respectfully reports that the following bills have been enrolled, signed by the President of the Senate and the Speaker of the House, and presented to the Governor for his approval on this 14th day of March, 1997: Senate File 59. MARY PAT GUNDERSON Secretary of the Senate PETITIONS The following petitions supporting the state funding of public libraries throughout Iowa were presented and placed on file by: Senator Douglas from 173 residents of Dallas and Guthrie Counties. Senator Hedge from 76 residents of Mahaska Counties. Senator Kibbie from 118 residents of Clay County. Senator Maddox from 67 residents of Polk County. Senator Palmer from 1167 residents of Polk County. SUBCOMMITTEE ASSIGNMENTS Senate File 400 APPROPRIATIONS: McLaren, Chair; Borlaug, Flynn, Hedge and McCoy 658 JOURNAL OF THE SENATE 64th Day Senate File 444 APPROPRIATIONS: Douglas, Chair; Behn, Dvorsky, Hammond and Tinsman House File 370 BUSINESS AND LABOR: Palmer, Chair; Freeman and Rife CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Emily Frank, Arthur; David Larson, Tyler Schroeder and Jamie Scott, Odebolt ( For outstanding art work. Senator King (3-13-97). Keith Edwards, Iowa City West High School ( For winning the Iowa Class 3-A state wrestling championship at 103 lbs. Senator Dvorsky (3-1-97). AMENDMENTS FILED S(3127 S. F. 236 John Redwine S(3128 S. F. 185 Kitty Rehberg S(3129 H. F. 212 William D. Palmer JoAnn Douglas S(3130 S. F. 236 Mary Lou Freeman S(3131 S. F. 236 Mary Lou Freeman S(3132 S. F. 292 Derryl McLaren John P. Kibbie Wilmer Rensink S(3133 S. F. 391 Richard Drake Derryl McLaren S(3134 S. F. 280 Tom Vilsack S(3135 S. F. 379 Jim Lind S(3136 S. F. 205 Michael E. Gronstal S(3137 S. F. 205 Michael E. Gronstal Sheldon Rittmer S(3138 S. F. 211 State Government S(3139 S. F. 365 Matt McCoy S(3140 S. F. 280 Tom Vilsack S(3141 S. F. 240 Tom Flynn 64th Day MONDAY, MARCH 17, 1997 659 S(3142 S. J. R. 9 Patrick J. Deluhery Mary Neuhauser Rod Halvorson Elaine Szymoniak Mary A. Lundby Andy McKean S(3143 S. F. 473 Stewart Iverson, Jr. S(3144 S. F. 473 Wilmer Rensink INTRODUCTION OF BILL Senate File 513, by Flynn, a bill for an act exempting from the state sales, services, and use taxes the sales of vehicle component parts that will be used to manufacture fire trucks. Read first time under Rule 28 and passed on file. ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 5:40 p.m., until 9:00 a.m., Tuesday, March 18, 1997.
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