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EIGHTY-FIRST CALENDAR DAY FORTY-EIGHTH SESSION DAY Senate Chamber Des Moines, Iowa, Thursday, April 3, 1997 The Senate met in regular session at 9:18 a.m., President Kramer presiding. Prayer was offered by the Reverend Mike Harvey, pastor of the Presbyterian Church, Carson, Iowa. The Journal of Wednesday, April 2, 1997, was approved. INTRODUCTION OF BILL Senate Resolution 6, by Deluhery, Palmer, Kramer, Szymoniak, McCoy, Maddox, Dearden, Angelo, Bartz, Behn, Black of Jasper., Black of Kossuth, Boettger, Borlaug, Connolly, Douglas, Drake, Dvorsky, Fink, Flynn, Fraise, Freeman, Gettings, Gronstal, Halvorson, Hammond, Hansen, Hedge, Horn, Iverson, Jensen, Judge, Kibbie, King, Lundby, McKean, McKibben, McLaren, Neuhauser, Redfern, Redwine, Rehberg, Rensink, Rittmer, Schuerer, Tinsman, Vilsack, and Zieman, a resolution honoring Des Moines Mayor Arthur Davis for his many contributions to the city of Des Moines and the state of Iowa. Read first time and passed on file. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Vilsack for the day on request of Senator Gronstal. CONSIDERATION OF BILL (Regular Calendar) Senate File 490 On motion of Senator King, Senate File 490, a bill for an act relating to the consumer fraud law by providing limited immunity 81st Day THURSDAY, APRIL 3, 1997 955 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, 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. 490) the vote was: Ayes, 46: Angelo Bartz Behn Black, D. Black, J. Boettger Borlaug Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hammond Hansen Hedge Horn Iverson Jensen Judge Kibbie King Kramer Lundby Maddox McCoy McKean McKibben McLaren Palmer Redfern Redwine Rehberg Rensink Rittmer Schuerer Szymoniak Tinsman Zieman Nays, none. Absent or not voting, 3: Neuhauser Rife Vilsack The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate File 490 be immediately messaged to the House. RECESS On motion of Senator Iverson, the Senate recessed at 9:36 a.m., until 3:30 p.m. 956 JOURNAL OF THE SENATE 81st Day RECONVENED The Senate reconvened at 1:43 p.m., President Kramer presiding. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 3, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 333, a bill for an act relating to contracts between city officers or employees and cities. This bill was read first time and passed on file. House File 376, a bill for an act relating to child welfare provisions involving juvenile justice dispositional orders, hearings, and placements and providing an effective date. This bill was read first time and passed on file. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. R. 6 State Government H. F. 333 Local Government H. F. 376 Human Resources RECESS On motion of Senator Freeman, the Senate recessed at 1:45 p.m., until 3:30 p.m. 81st Day THURSDAY, APRIL 3, 1997 957 APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: April 1, 1997, 8:08 a.m. Members Present: Rensink, Chair; J. Black, Vice Chair; Judge, Ranking Member; Angelo, Bartz, Behn, D. Black, Fraise, Gettings, Hedge, Kibbie, Rehberg, Rife and Zieman. Members Absent: Vilsack (excused). Committee Business: Recommended passage of House File 694 as amended; recommended passage of House File 132 and Senate Concurrent Resolution 11. Adjourned: 8:40 a.m. APPROPRIATIONS Convened: April 1, 1997, 10:02 p.m. Members Present: McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member; Behn, D. Black, Borlaug, Douglas, Dvorsky, Freeman, Gronstal, Halvorson, Hammond, Hedge, Horn, Jensen, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman and Vilsack. Members Absent: Lundby (excused). Committee Business: Approved SSB 252 as a committee bill. Adjourned: 11:55 p.m. COMMERCE Convened: April 1, 1997, 11:20 a.m. Members Present: Jensen, Chair; Deluhery, Ranking Member; Douglas, Gronstal, Hansen, King, Lundby, Maddox, McCoy, Palmer, Redfern and Rife. Members Absent: Schuerer, Vice Chair; Bartz and Flynn ( all excused). Committee Business: Recommended passage of House File 557. Adjourned: 11:35 a.m. COMMERCE Convened: April 2, 1997, 1:25 p.m. 958 JOURNAL OF THE SENATE 81st Day Members Present: Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking Member; Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy and Redfern. Members Absent: Palmer and Rife. Committee Business: Recommended passage of House Files 82, 514, 644, 647 and 701. Adjourned: 2:02 p.m. EDUCATION Convened: April 2, 1997, 3:22 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Members Absent: none. Committee Business: Recommended confirmation of governor's appointee; recommended passage of House Files 625 and 331 as amended; recommended passage of House File 410. Adjourned: 4:15 p.m. HUMAN RESOURCES Convened: April 1, 1997, 10:20 a.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage of House File 578; recommended passage of House File 121 as amended; recommended confirmation of governor's appointees. Adjourned: 11:40 a.m. HUMAN RESOURCES Convened: April 2, 1997, 11:45 a.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer, Tinsman and Vilsack. Members Absent: none. 81st Day THURSDAY, APRIL 3, 1997 959 Committee Business: Recommended passage of House Files 544 and 579 as amended and recommended passage of House File 612. Adjourned: 12:07 p.m. JUDICIARY Convened: April 1, 1997, 2:05 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Members Absent: none. Committee Business: Assigned bills to subcommittees; recommended passage of House Files 542 and 635; discussed and deferred action on House File 299. Adjourned: 5:45 p.m. JUDICIARY Convened: April 2, 1997, 8:12 a.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended passage of House Files 661, 226 and 371 and recommended passage of Senate File 499 as amended. Recessed: 8:55 a.m. Reconvened: April 2, 1997, 12:20 p.m. Members Present: McKean, Chair; Maddox, Vice Chair; Neuhauser, Ranking Member; Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern, Tinsman and Vilsack. Members Absent: none. Committee Business: Recommended confirmation of governor's appointees; assigned bills to subcommittees; recommended passage of House File 299 as amended. Adjourned: 1:50 p.m. NATURAL RESOURCES AND ENVIRONMENT Convened: April 1, 1997, 1:08 p.m. 960 JOURNAL OF THE SENATE 81st Day Members Present: Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member; D. Black, J. Black, Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, Judge, McKibben, Rehberg and Zieman. Members Absent: none. Committee Business: Recommended confirmation of governor's appointees; recommended passage of House Files 653, 615 and 202. Adjourned: 1:28 p.m. SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Convened: April 1, 1997, 1:14 p.m. Members Present: Rittmer, Chair; Boettger, Douglas, Flynn, Hammond, King, McCoy, Redwine and Schuerer. Members Absent: Lundby, Vice Chair (excused); Hansen, Ranking Member; Palmer and Zieman (excused). Committee Business: Recommended confirmation of governor's appointees. Adjourned: 1:20 p.m. TRANSPORTATION Convened: April 1, 1997, 10:23 a.m. Members Present: Drake, Chair; Borlaug, Vice Chair; McCoy, Ranking Member; Connolly, Douglas, Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Members Absent: none. Committee Business: Recommended confirmation of governor's appointee; recommended passage of House File 686 as amended; assigned bills to subcommittees recommended passage of House File 688. Adjourned: 10:52 a.m. WAYS AND MEANS Convened: April 1, 1997, 11:37 a.m. Members Present: Douglas, Chair; McKibben, Vice Chair; Palmer, Ranking Member; Borlaug, Connolly, Deluhery, Freeman, Hedge, Judge, Maddox, McLaren, Redfern, Szymoniak and Vilsack. Members Absent: Drake (excused). 81st Day THURSDAY, APRIL 3, 1997 961 Committee Business: Assigned bills to subcommittees; recommended passage of House File 218 and 354; approved Senate File 482 as a committee bill; recommended passage of Senate File 480 as amended. Adjourned: 12:52 p.m. COMMITTEE REPORTS EDUCATION Final Bill Action: HOUSE FILE 331, a bill for an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces and including effective and applicability provisions. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3356. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Kramer, Redwine, Rensink, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Neuhauser. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 410, a bill for an act relating to programs administered by the college student aid commission and establishing an osteopathic physician recruitment program. Recommendation: DO PASS. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Neuhauser. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 625, a bill for an act relating to the activities of the department of education, vocational education, community colleges, special educational programs provided by area education agencies, payment of claims for nonpublic school pupil transportation, the school budget review committee, the enrollment of certain students, and annual audits of school districts. Recommendation: DO PASS. Final Vote: Ayes, 14: Redfern, Rehberg, Connolly, Angelo, J. Black, Boettger, Dvorsky, Fink, Kibbie, Kramer, Neuhauser, Redwine, Rensink, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Neuhauser. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 962 JOURNAL OF THE SENATE 81st Day JUDICIARY (CORRECTED REPORT FOR H.F. 299) Final Bill Action: HOUSE FILE 299, a bill for an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3349. Final Vote: Ayes, 9: McKean, Maddox, Angelo, Boettger, Drake, King, McKibben, Redfern and Tinsman. Nays, 3: Neuhauser, Halvorson and Hammond. Pass, 3: Fraise, Hansen and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 449, a bill for an act to prohibit sex acts when one participant was prevented from consenting by a controlled substance including flunitrazepam, and providing penalties. Recommendation: DO PASS. Final Vote: Ayes, 9: McKean, Maddox, Angelo, Boettger, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or not voting, 6: Neuhauser, Drake, Fraise, Halvorson, Hammond and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 643, a bill for an act providing for grandparent and great-grandparent visitation rights. Recommendation: DO PASS. Final Vote: Ayes, 9: McKean, Maddox, Angelo, Boettger, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or not voting, 6: Neuhauser, Drake, Fraise, Halvorson, Hammond and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 693, a bill for an act relating to civil actions and statutes of limitations in civil actions, the rate of interest on judgments and decrees, procedures for furnishing patient records of plaintiffs, comparative fault in consortium claims, damages in civil actions, and joint and several liability. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3355. 81st Day THURSDAY, APRIL 3, 1997 963 Final Vote: Ayes, 10: McKean, Maddox, Angelo, Boettger, Drake, Hansen, King, McKibben, Redfern and Tinsman. Nays, 3: Fraise, Halvorson and Hammond. Absent or not voting, 2: Neuhauser and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE CONCURRENT RESOLUTION 20, a concurrent resolution proclaiming the creation of the Iowa Veterans Foundation. Recommendation: DO PASS. Final Vote: Ayes, 14: Rittmer, Lundby, Kibbie, Borlaug, Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben, McLaren, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 439, a bill for an act relating to the development of a repository for criminal history, abuse and sex offender registries, and nurse aide and other health profession certification and licensing information. Recommendation: DO PASS. Final Vote: Ayes, 14: Rittmer, Lundby, Kibbie, Borlaug, Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben, McLaren, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 577, a bill for an act relating to continuing education requirements of real estate appraisers. Recommendation: DO PASS. Final Vote: Ayes, 14: Rittmer, Lundby, Kibbie, Borlaug, Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben, McLaren, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 697, a bill for an act relating to certain procedures of the ethics and campaign disclosure board and filing requirements and certain requirements for use of campaign funds. 964 JOURNAL OF THE SENATE 81st Day Recommendation: DO PASS. Final Vote: Ayes, 8: Rittmer, Lundby, Borlaug, Drake, King, McKibben, McLaren and Tinsman. Nays, 6: Kibbie, Deluhery, Fink, Gronstal, Halvorson and Szymoniak. Absent or not voting, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STUDY BILL RECEIVED SSB 264 Ways & Means Relating to the administration of state individual income, corporate, franchise, motor fuel, and other taxes; collection of taxes and use of collection receipts; property taxes; property tax credits and replacement claims; sales, service, and use taxes and the imposition thereof on sales of prepaid telephone calling cards and prepaid authorization numbers; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and including effective and retroactive applicability date provisions. SUBCOMMITTEE ASSIGNMENTS Senate File 256 WAYS AND MEANS: Drake, Chair; McLaren and Palmer House Concurrent Resolution 20 STATE GOVERNMENT: Drake, Chair; Kibbie and Rife House File 376 HUMAN RESOURCES: Boettger, Chair; Hammond and Rensink House File 492 HUMAN RESOURCES: Dvorsky, Chair; Behn and Schuerer House File 540 STATE GOVERNMENT: Rittmer, Chair; Deluhery and King House File 616 LOCAL GOVERNMENT: Behn, Chair; Hansen and Zieman House File 637 COMMERCE: Lundby, Chair; Hansen and Jensen 81st Day THURSDAY, APRIL 3, 1997 965 House File 662 JUDICIARY: Maddox, Chair; Fraise and Redfern House File 678 JUDICIARY: McKean, Chair; Fraise and Redfern House File 698 HUMAN RESOURCES: Szymoniak, Chair; J. Black and Boettger House File 702 HUMAN RESOURCES: Hammond, Chair; J. Black and Boettger SSB 264 WAYS AND MEANS: Redfern, Chair; Freeman and Palmer 966 JOURNAL OF THE SENATE 81st Day AFTERNOON SESSION The Senate reconvened at 4:02 p.m., President Kramer presiding. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on April 3, 1997, passed the following bill in which the concurrence of the House was asked: Senate File 189, a bill for an act extending the regular program district cost guarantee for school districts for two years, and providing an effective date. ALSO: That the House has on April 3, 1997, passed the following bills in which the concurrence of the Senate is asked: House File 58, a bill for an act relating to fees charged by an employer for copies of items in an employee's personnel file. This bill was read first time and passed on file. House File 319, a bill for an act expanding the age range of the employees to whom the board of directors of a school district may offer a retirement incentive program, expanding the conditions under which the district may utilize the district management levy to pay for the program, and providing effective and retroactive applicability provisions. This bill was read first time and passed on file. House File 581, a bill for an act authorizing rural water districts to enter into agreements with other governmental entities to provide for the acquisition, construction, and equipping of sewer systems, and authorizing the issuance of revenue obligations to finance the projects. This bill was read first time and passed on file. 81st Day THURSDAY, APRIL 3, 1997 967 BILLS PLACED ON UNFINISHED BUSINESS CALENDAR Senator Iverson asked and received unanimous consent that the following bills be removed from the Regular Calendar and placed on the Unfinished Business Calendar: Senate Files 246, 317, 339, 360, 365, 367, 390, 393, 394, 411, 418, 448, 453, 470, 478, 494, 500, 521, 528, 529, 530, 531, 532 and 533. 968 JOURNAL OF THE SENATE 81st Day APPENDIX COMMITTEE REPORTS APPROPRIATIONS Final Bill Action: SENATE FILE 534 (formerly SSB 250), a bill for an act relating to the role of the state long-term care ombudsman in regulation of health care facilities. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Flynn, Borlaug, Dvorsky, Freeman, Gronstal, Halvorson, Hedge, Horn, Jensen, Lundby, McCoy, Rehberg and Rensink. Nays, 3: Kramer, Maddox and Tinsman. Pass, 3: McLaren, Behn and Douglas. Absent, 6: D. Black, Hammond, Neuhauser, Rife, Rittmer and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 535 (SSB 248), a bill for an act relating to the state long-term care ombudsman and providing a penalty. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Flynn, Dvorsky, Freeman, Gronstal, Halvorson, Hedge, Horn, Jensen, Lundby, Maddox, McCoy, Rehberg and Rensink. Nays, 1: Kramer. Pass, 5: McLaren, Behn, Borlaug, Douglas and Tinsman. Absent, 6: D. Black, Hammond, Neuhauser, Rife, Rittmer and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMERCE Final Bill Action: HOUSE FILE 637, a bill for an act relating to the general operation of corporations, partnerships, and associations, including provisions relating to certain filings made by corporations and associations, the filing of biennial reports by certain corporations and cooperative associations, and establishing fees. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Schuerer, Deluhery, Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox and Redfern. Nays, none. Absent or not voting, 3: McCoy, Palmer and Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. HUMAN RESOURCES 81st Day THURSDAY, APRIL 3, 1997 969 Final Bill Action: HOUSE FILE 376, a bill for an act relating to child welfare provisions involving juvenile justice dispositional orders, hearings and placements and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 8: Boettger, Redwine, Behn, J. Black, Dearden, Rensink, Schuerer and Tinsman. Nays, none. Absent or not voting, 5: Szymoniak, Bartz, Dvorsky, Hammond and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 492, a bill for an act relating to supplemental needs trusts for persons with disabilities. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer and Tinsman. Nays, none. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 698, a bill for an act relating to child abuse information and the central registry for child abuse information maintained by the department of human services and providing an effective date. Recommendation: DO PASS. Final Vote: Ayes, 12: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer and Tinsman. Nays, none. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 702, a bill for an act relating to human services and facility requirements involving the single entry point process for mental health and developmental disabilities services, regional planning councils, human services institution employee record checks, decategorization of adult disability services funding, legal settlement involving community-based providers of treatment or services, and the operating requirements of an intermediate care facility for persons with mental retardation. Recommendation: DO PASS. 970 JOURNAL OF THE SENATE 81st Day Final Vote: Ayes, 12: Boettger, Redwine,; Szymoniak, Bartz, Behn, J. Black, Dearden, Dvorsky, Hammond, Rensink, Schuerer and Tinsman. Nays, none. Absent or not voting, 1: Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. JUDICIARY Final Bill Action: HOUSE FILE 662, a bill for an act relating to the defense of criminal charges, by making changes in the penalties applicable to certain offenses for which appointment of counsel is required, providing county attorneys or their designees with access to the centralized employee registry for purposes of collection of restitution, making changes relating to the determination of a person's indigency, prohibiting the submission of false information on an affidavit of financial status, requiring the state to enforce liens for restitution in criminal cases, and providing penalties. Recommendation: DO PASS. Final Vote: Ayes, 12: McKean, Maddox, Angelo, Boettger, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or not voting, 3: Neuhauser, Drake and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 666, a bill for an act to increase the penalties for the manufacture, delivery, or possession with intent to manufacture or deliver amphetamine or any substance containing amphetamine. Recommendation: DO PASS. Final Vote: Ayes, 13: McKean, Maddox, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or not voting, 2: Neuhauser and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 674, a bill for an act providing a cause of action against the state for wrongful imprisonment. Recommendation: DO PASS. Final Vote: Ayes, 13: McKean, Maddox, Angelo, Boettger, Drake, Fraise, Halvorson, Hammond, Hansen, King, McKibben, Redfern and Tinsman. Nays, none. Absent or not voting, 2: Neuhauser and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. 81st Day THURSDAY, APRIL 3, 1997 971 LOCAL GOVERNMENT Final Bill Action: HOUSE FILE 178, a bill for an act relating to joint billing or collection of combined service accounts for sanitary districts and a city utility or combined utility system and to discontinue service for delinquency, and providing for the establishment of benefited districts and fees from the connection of property to the sanitary facilities of a sanitary district. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 456, a bill for an act relating to city civil service and providing an effective date. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3360. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 485, a bill for an act relating to drainage districts by eliminating notice by petitioning landowners regarding the establishment of subdistricts. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 616, a bill for an act relating to instruments filed or recorded with the county recorder. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. 972 JOURNAL OF THE SENATE 81st Day Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 680, a bill for an act relating to election of mayors in certain cities and providing an immediate effective date. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 658, a bill for an act relating to city ordinances and other official actions of a city council and mayor. Recommendation: DO PASS. Final Vote: Ayes, 13: Zieman, Behn, Fraise, Angelo, Bartz, D. Black, J. Black, Boettger, Connolly, Dearden, Hansen, McKean and Redwine. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. NATURAL RESOURCES AND ENVIRONMENT Final Bill Action: SENATE CONCURRENT RESOLUTION 12, a concurrent resolution requesting the United States Environmental Protection Agency to retain existing national ambient air quality standards for ozone and particulate matter, conduct additional research and delay consideration of new standards for particulate matter, and identify unfunded mandates or other administrative or economic burdens resulting from changes to ozone and particulate matter standards. Recommendation: DO PASS. Final Vote: Ayes, 8: Bartz, Angelo, Freeman, Hedge, Judge, McKibben, Rehberg and Zieman. Nays, 5: Fink, D. Black, Dearden, Deluhery and Dvorsky. Pass, 1: J. Black. Absent, 1: Borlaug. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. SMALL BUSINESS, ECONOMIC DEVELOPMENT & TOURISM Final Bill Action: HOUSE FILE 367, a bill for an act relating to the transfer of job training withholding payments to the workforce development fund accountk, making an appropriation, and providing effective and retroactive applicability date provisions. Recommendation: DO PASS. 81st Day THURSDAY, APRIL 3, 1997 973 Final Vote: Ayes, 13: Rittmer, Lundby, Hansen, Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Schuerer and Zieman. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 613, a bill for an act relating to linked deposit investment programs. Recommendation: DO PASS. Final Vote: Ayes, 12: Rittmer, Lundby, Hansen, Boettger, Douglas, Flynn, Hammond, King, McCoy, Palmer, Redwine, Schuerer and Zieman. Nays, none. Absent or not voting, 1: Zieman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: HOUSE FILE 540, a bill for an act relating to personnel procedures and investment policy requirements for state government employees. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3361. Final Vote: Ayes, 12: Rittmer, Lundby, Borlaug, Deluhery, Drake, Fink, Gronstal, Halvorson, King, McKibben, Szymoniak and Tinsman. Nays, none. Pass, 2: Kibbie and McLaren. Absent, 1: Rife. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. TRANSPORTATION Final Bill Action: HOUSE FILE 450, a bill for an act relating to application of the penalty for improperly passing a stopped school bus. Recommendation: DO PASS. Final Vote: Ayes, 11: Drake, Borlaug, McCoy, Douglas Fraise, Freeman, Gettings, Jensen, McKean, McKibben and Rittmer. Nays, 2: Connolly and Halvorson. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 685, a bill for an act relating to the required business hours of a motorcycle dealer. Recommendation: DO PASS. 974 JOURNAL OF THE SENATE 81st Day Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 692, a bill for an act relating to the criteria for issuance of handicapped special plates and making a civil penalty applicable. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S(3359. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: HOUSE FILE 704, a bill for an act relating to substantive and other provisions affecting the state department of transportation and driver, motor vehicle, and highway regulation, including the definition of road work zones, registration fees for certain disaster relief vehicles, providing grounds for refusing renewal of vehicle registrations, regulation of intrastate motor carriers, imposing fees, providing for an electronic titling and registration program, creating, eliminating, or enhancing penalties, and providing effective dates. Recommendation: DO PASS. Final Vote: Ayes, 13: Drake, Borlaug, McCoy, Connolly, Douglas Fraise, Freeman, Gettings, Halvorson, Jensen, McKean, McKibben and Rittmer. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. WAYS AND MEANS Final Bill Action: HOUSE FILE 642, 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: DO PASS. Final Vote: Ayes, 11: Douglas, McKibben, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox and Redfern. Nays, none. Absent or not voting, 4: Palmer, McLaren, Szymoniak and Vilsack. Fiscal Note: REQUIRED UNDER JOINT RULE 17. 81st Day THURSDAY, APRIL 3, 1997 975 ALSO: Final Bill Action: HOUSE FILE 687, a bill for an act relating to statutory references to the Iowa beef industry council and increasing an excise tax on beef cattle upon a referendum. Recommendation: DO PASS. Final Vote: Ayes, 11: Douglas, McKibben, Borlaug, Connolly, Deluhery, Drake, Freeman, Hedge, Judge, Maddox and Redfern. Nays, none. Absent or not voting, 4: Palmer, McLaren, Szymoniak and Vilsack. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. BILLS ASSIGNED TO COMMITTEE President Kramer announced the assignment of the following bills to committee: S. R. 6 State Government H. F. 58 Business and Labor H. F. 333 Local Government H. F. 376 Human Resources H. F. 581 Local Government INTRODUCTION OF BILLS Senate File 534, by committee on Appropriations, a bill for an act relating to the role of the state long-term care ombudsman in regulation of health care facilities. Read first time under Rule 28 and placed on Appropriations Calendar. Senate File 535, by committee on Appropriations, a bill for an act relating to the state long-term care ombudsman and providing a penalty. Read first time under Rule 28 and placed on Appropriations Calendar. AMENDMENTS FILED S(3354 H. F. 8 Lyle E. Zieman S(3355 H. F. 693 Judiciary 976 JOURNAL OF THE SENATE 81st Day S(3356 H. F. 331 Education S(3357 H. F. 625 Education S(3358 H. F. 645 Nancy Boettger Eugene Fraise S(3359 H. F. 692 Transportation S(3360 H. F. 456 Local Government S(3361 H. F. 540 State Government S(3362 H. F. 416 Richard F. Drake Allen Borlaug Matt McCoy ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 4:11 p.m., until 1:00 p.m., Monday, April 7, 1997.
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