Senate Journal: Monday, March 17, 1997

  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.

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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