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Senate Journal: Friday, January 13, 1995

                               FIFTH CALENDAR DAY

                                FIFTH SESSION DAY

                                   Gaskel Room

                          Veterans Memorial Auditorium

                   Des Moines, Iowa, Friday, January 13, 1995



         The Senate met in regular session at 8:45 a.m., President Boswell
    presiding.

         Prayer was offered by the Honorable Wilmer Rensink, member of the
    Senate from Sioux County, Sioux Center, Iowa.



                            COMMITTEE FROM THE HOUSE

         A committee from the House of Representatives appeared and
    announced that the House was ready to receive the Senate in joint
    convention.

         In accordance with House Concurrent Resolution 1, duly adopted, the
    Senate proceeded to the joint convention in the South Gaskel Room.



                                JOINT CONVENTION

         The joint convention reconvened at 8:55 a.m., President Boswell
    presiding.

         Senator Horn moved that the roll call be dispensed with and that
    the President be authorized to declare a quorum present, which motion
    prevailed by a voice vote.

         President Boswell declared a quorum present.



                            REPORT OF CANVASS OF VOTE

         The report of canvass of the vote was read by the Secretary of the
    joint convention as follows:
         MR. PRESIDENT AND GENTLEMEN AND LADIES OF THE JOINT CONVENTION:

         Your tellers, appointed by the President of the Senate and the
    Speaker of the House of Representatives to canvass the vote cast for
    candidates for Governor and Lieutenant Governor at the election held
    November 8, 1994, begs leave to make the following report of the total
    vote cast for Governor:

         Terry E. Branstad..........566,395
         Bonnie J. Campbell..........414,453
         Richard ODell Hughes..........5,505
         Veronica Wells Butler..........3,737
         Carl E. Olsen..........2,772
         Scattering..........4,386


         And the total vote cast for Lieutenant Governor at the election,
    held November 8, 1994:

         Joy Corning..........566,395
         Leonard L. Boswell..........414,453
         Monica Davis..........5,505
         Robert Stowe..........3,737
         Brenda Carey..........2,772
         Scattering..........2,990


         All of which is most respectfully submitted.


         BILL FINK     DWIGHT L. DINKLA
         Teller of the Senate        Teller of the House
         RODNEY N. HALVORSON         GERALD E. CORNELIUS
         Assistant Teller            Assistant Teller
         WILMER RENSINK              RICHARD L. LARKIN
         Assistant Teller            Assistant Teller
         ELIZABETH A. ISAACSON

    Secretary of the Joint Convention

         Senator Horn moved the adoption of the report.

         The motion prevailed by a voice vote and the report was adopted.

         President Boswell announced that the Honorable Terry E. Branstad,
    having received the highest number of votes cast for Governor at the
    last general election, has been duly elected to the office of Governor
    of the state of Iowa for the ensuing term, or until a successor is duly
    elected and qualified; and the Honorable Joy Corning having received the
    highest number of votes cast for Lieutenant Governor at the last general
    election, has been duly elected to the office of Lieutenant Governor of
    the state of Iowa for the ensuing term, or until a successor is duly
    elected and qualified.

         The following certificates were signed in the presence of the joint
    convention:

                             CERTIFICATE OF ELECTION

                                  STATE OF IOWA

                                GENERAL ASSEMBLY

    GREETINGS:

         This is to certify that upon a canvass in Joint Convention of the
    two Houses of the Seventy-sixth General Assembly of the State of Iowa,
    of all votes cast at the general election held November 8, 1994, for the
    office of Governor of the State of Iowa, it appeared that Terry E.
    Branstad received the highest number of all votes cast for any candidate
    at said election for said office and was thereupon declared duly elected
    to said office for the term of four years and until a successor is duly
    elected and qualified.

         Signed in the presence of the Joint Convention this thirteenth day
    of January A.D., 1995.


         RON J. CORBETT              ELIZABETH A. ISAACSON
         Speaker of the House        Clerk of the House and
         BILL FINK     Secretary of the Joint Convention
         Teller of the Senate        LEONARD L. BOSWELL
         DWIGHT L. DINKLA            Presiding Officer

         Teller of the House         of the Joint Convention



                             CERTIFICATE OF ELECTION

                                  STATE OF IOWA

                                GENERAL ASSEMBLY

    GREETINGS:

         This is to certify that upon a canvass in Joint Convention of the
    two Houses of the Seventy-sixth General Assembly of the State of Iowa,
    of all votes cast at the general election held November 8, 1994, for the
    office of Lieutenant Governor of the State of Iowa, it appeared that Joy
    Corning received the highest number of all votes cast for any candidate
    at said election for said office and was thereupon declared duly elected
    to said office for the term of four years and until a successor is duly
    elected and qualified.

         Signed in the presence of the Joint Convention this thirteenth day
    of January A.D., 1995.


         RON J. CORBETT              ELIZABETH A. ISAACSON
         Speaker of the House        Clerk of the House and
         BILL FINK     Secretary of the Joint Convention
         Teller of the Senate        LEONARD L. BOSWELL
         DWIGHT L. DINKLA            Presiding Officer

         Teller of the House         of the Joint Convention



         President Boswell then directed that the abstract of votes and
    certificates of election be filed with the Secretary of State.

         Senator Horn moved that a committee of six, three members from the
    Senate and three members from the House, be appointed to notify Governor
    Terry E. Branstad and Lieutenant Governor  Joy Corning of the official
    result of the canvass of votes.

         The motion prevailed by voice vote and President Boswell announced
    the appointment of Senators Fink, Halvorson and Maddox, on the part of
    the Senate, and Representatives Drake, Schulte and Nelson, on the part
    of the House.

         Senator Husak took the chair at 9:00 a.m.

         The joint convention stood at ease until the fall of the gavel.

         The joint convention resumed session, Senator Husak presiding.



                               REPORT OF COMMITTEE

         Senator Fink, from the joint committee appointed to notify Terry E.
    Branstad and Joy Corning of their election to the office of Governor and
    Lieutenant Governor of Iowa, respectively, submitted the following
    report and moved its adoption:

         MR. PRESIDENT: As a committee appointed at the joint convention to
    notify the Honorable Terry E. Branstad and the Honorable Joy Corning of
    their election to the office of Governor and Lieutenant Governor,
    respectively, we beg leave to report that we have performed the duty
    assigned to us and that they stand ready to assume the duties of the
    offices to which they were elected.

    Respectfully submitted,


         BILL FINK     JACK DRAKE
         RODNEY N. HALVORSON         LYNN SCHULTE
         O. GENE MADDOX              LINDA NELSON

         Senate        House



         The report was adopted by a voice vote and the committee
    discharged.
         The joint convention stood at ease until the fall of the gavel.

         The joint convention resumed session on the main floor of Veterans
    Memorial Auditorium at 9:48 a.m., President Boswell presiding.

         Musical accompaniment was provided by Sioux City Heelin High School
    Concert Band.

         President Boswell requested that the members of the 1995
    Legislative Inaugural Committee retire and escort Governor Terry E.
    Branstad and Lieutenant Governor Joy Corning to the Joint Convention.

         The Senate stood at ease until the fall of the gavel.

         The Senate resumed session at 9:51 a.m., President Boswell
    presiding.

         The families of Governor Branstad and Lieutenant Governor Corning
    were escorted into the auditorium.

         The 1995 Iowa Inaugural Committee was escorted into the auditorium.

         The Most Reverend Daniel Kucera, Archbishop of the Dubuque Diocese,
    and Linda Carder, the Associate Conference Minister for Education and
    the Arts for the Iowa Conference of the United Church of Christ, were
    escorted to their seats.

         Chief Justice Arthur A. McGiverin was escorted to his seat.

         The members of the legislative inaugural committee in attendance
    consisting of Senators Priebe, Sorensen, Bennett and Maddox on the part
    of the Senate; and Representatives Garman, Larson, Lamberti, Connors,
    Mertz and Schrader on the part of the House, were escorted to the front
    of the rostrum.

         Lieutenant Governor Joy Corning was escorted to the rostrum.

         Governor Terry E. Branstad was escorted to the rostrum.

         The colors were advanced by the Iowa National Guard.

         The National Anthem was sung by Denise Shipler of Burt, Iowa.
         The invocation was delivered by the Most Reverend Daniel W. Kucera.

         The oath of office was administered to Lieutenant Governor Joy
    Corning by Chief Justice Arthur A. McGiverin of the Supreme Court of
    Iowa, assisted by Carol Hallquist, Claudia Peyton, and Ann Jones,
    Lieutenant Governor Cornings daughters.

         President Boswell presented Lieutenant Governor Corning who
    delivered the following remarks:

         Governor Branstad, President Boswell, Speaker Corbett, Chief
    Justice McGivern, Justices and Judges, State Officials, Senators and
    Representatives, Distinguished Guests and Friends.

         In his Condition of the State message on Tuesday, Governor Branstad
    focused on Iowa pride, progress, and opportunity. And he emphasized that
    we want Iowans to feel safer and we want Iowans to build even stronger
    families.

         I see the faces of Iowans gathered here today -- young faces,
    middle-aged faces, childrens faces (my own grandchildrens faces), and
    the faces of older Iowans, the elderly. Your faces -- and those of all
    of our neighbors and friends and relatives -- remind me of the abiding
    pride we have in Iowa people. The Governor and I continually boast of
    your solid, common sense values, your commitment to responsibility and
    your care and concern for others.

         When I see your faces, I am also reminded of where, indeed, I focus
    my visions and hopes for a safe, secure, loving, nuturing environment.

         I want you and you and each one of you to feel accepted and
    nurtured and to have the opportunity to reach your full potential as an
    informed and contributing and effective citizen of our state.

         I want that for you whether you are a Jew, a Muslim, a Christian, a
    Latino, a Caucasian, an African-American, a Southeast Asian, a Native
    American -- whether you live in cities or on farms -- whether you are
    rich or poor, disabled, or differ in your family structure.

         All of my adult life -- and now, with great commitment during the
    past four years in this office--

         I have worked with concerned citizens to strengthen and protect the
    children and families of our state.

         I have worked with citizens to foster acceptance of all people of
    our state.

         I intend to continue these vital initiatives the next four years,
    to explore and augment avenues that prevent the problems  that devastate
    lives and eat away at our valuable resources. And I invite and challenge
    all Iowans to participate in these efforts.
         I have other special projects that would fit under these umbrellas,
    though their titles might suggest yet other goals:

         my workplace literacy project

         chairing the Council on Human Investment

         and chairing the Governors Cultural Coalition to name a few.

         I intend to enthusiastically continue these also, with renewed
    vigor and commitment. And, again, I invite your support.

         Together we make Iowa the beautiful, bountiful haven that is our
    home, the place of our grounding, and the land that reverberates our
    heartbeats and nutures our highest hopes.

         The Song of Iowa and America the Beautiful were sung by the Choral
    of Des Moines Childrens Choruses.

         The oath of office was administered to Governor Terry E. Branstad
    by Chief Justice McGiverin with Mrs. Chris Branstad assisting.

         President Boswell presented Governor Terry E. Branstad, who
    delivered the following inaugural address:

         President Boswell, Speaker Corbett, Lieutenant Governor Corning,
    Chief Justice McGivern, Justices and Judges, State Officials, Senators
    and Representatives, Distinguished Guests and Friends.

         Each and every time I have recited that oath to uphold our
    constitution and serve as your Governor, I am awestruck. Goosebumps
    still run up and down my spine as I think of my place in the long line
    of distinguished citizens who have served as Chief Executive of this
    great State we call Iowa.

         They and I have been entrusted by the people to lead this state.
    From Ansel Briggs to Bob Ray, they have helped mold this land between
    two great rivers into a special place on Gods earth. Through the fickle
    winds of blizzards and heat, floods and drought, have emerged a unique
    people. A people who steward the land and feed the world; a people who
    love God and help their neighbors; a people who understand their place
    in the world and have the most uncommon, common sense.

         I am humbled and honored to be called by those people to serve as
    their Governor. I thank you for giving me the opportunity to serve you
    and I gratefully accept the challenge you have bestowed upon me. I pray,
    and I ask for your prayers, that God will grant me the wisdom to lead
    this state to its brightest days.

         Can we make these years before us the best in our states history?
    Just as our ancestors tamed the prairie, can we take the future and make
    it our own? Can we chop away the underbrush of yesterdays yearnings and
    resist the modern day temptation to follow blind paths? Of course we
    can. Of course we will. But we must take a clear-eyed view of who we are
    and where we are and dare to dream of what we can be.

         Who are we? We are first and foremost good people. We believe that
    certain values are good and right: hard work, honesty, a belief in God,
    and a commitment to public service. We were all taught these values and
    they bubble forth in all of us like a spring on a hillside. We may not
    have known it as kids, but those things that our parents and teachers
    instilled in us are the heart and soul of what it means to be an Iowan.

         We are a people with a deep faith in the value of a good education.
    We learned early that fortunes can be lost with the shift of the wind.
    But, as my mother would tell me over and over, They can never take an
    education away from you. We know that the education of our children is
    the ticket to our future and from the one-room township schoolhouse to
    the fiber optic network, we have never doubted our faith in education.

         We are good stewards of the land; with reverence for the natural
    resources from which grows our productivity. Whether we live in city or
    country, apartment or farmhouse, we are not far from the land. We
    understand its bounty is our bounty -- its loss our loss. Our values are
    grounded in the deep black earth that covers this state.

         We are a people committed to quality. From John Deere to Maytag;
    Winnebago to Pella Corporation, people all over the world know that Iowa
    means quality and Iowa products are the best on the market. The
    productivity and skill of our workers in Iowa gets the job done right,
    the first time.

         Iowa is a state of neighbors and families and small communities. It
    is a place where we bring over food for the neighbor who is sick;
    harvest the crops for the family whos suffered a tragedy; cheer on the
    high school basketball team every Friday night. In Iowa, we are still
    connected to each other in bonds of friendship, compassion, and
    civility.

         In short, Iowans are good people, with good values rooted in the
    land, a deep faith in education, and a commitment to quality. Iowans are
    good neighbors, devoted family members, and active citizens of small
    communities. That is who we are.

         Where are we? In Iowa, we are in the center of things. Smack dab in
    the center of North America -- in the center of our nation. That
    placement makes us aware and affected by the world around us. We know
    that what happens in Russia impacts us in Moscow, Iowa. We know that
    free and open trade means bread on the table of our farm families. We
    know that our lives and our fortunes are swayed by trends and pressures
    outside of us and over which we have little control.

         Economically, we are strong, with our bins busting, our coffers
    full, and more people working than ever before in our history. With the
    world poised to open its borders to trade, Iowa stands to reap untold
    economic benefits. Rapid changes in technology are shortening distances
    and allowing Iowans in Madrid to compete with people in Madrid. We live
    in a time when hard work, quality, and good communities are rare
    commodities as never before. Iowa stands poised for great opportunities.

         Today, who we are -- our values and our people -- and where we are
    -- in the center of things poised for opportunity -- provide us with our
    greatest opportunities and our greatest challenges.

         Our values are in short supply in the world today and that makes
    them more valuable and attractive. yet, they are founded on the farm --
    and the farm is changing. They are framed by the family -- and the
    family unit is stressed. They are connected to the community -- and our
    communities are challenged. Being in the center of things gives us an
    awareness and an ability to compete in the world marketplace. But we
    cannot let being in the center of things make us satisfied to be in the
    middle of the pack.

         No, we must dare to dream what kind of state, what kind of people
    we can be and have the courage to take the steps to get there. The winds
    of change that sweep this countrys plains sweep Iowa, too. We cannot
    build mountains or walls to keep them out.

         Our challenge is to take the best of our past and mold it into a
    bright future.

         It wont be easy. Many of our farms and farmers are stretched to the
    limit trying to compete with the forces of modern agriculture. Some
    would like to turn back the clock and legislate away competition. But if
    we do that, we would be signing our states economic death warrant.
    Instead, we need to give our farmers the tools, the products, and the
    knowledge to compete with anyone in the world.

         Many of our families are stressed and near breaking. Some would
    want government to substitute itself for the family as the glue that
    holds our society together. But that has proven only to speed up the
    breakdown of families. Instead, we must place more emphasis on personal
    and family responsibility, not government-sponsored dependency.

         Some of our communities are having a tough time coping with a
    rapidly changing economy. For those, we need to train new leaders, break
    down the barriers of distance with new technology, and energize the
    community into building its own future. I will not rest until every part
    of this state is growing again.

         Even the insidious forces of crime seem to be seeping into some of
    our proud and safe communities. Our challenge is to stop it and stop it
    now. When I was young, we lived along highway sixty-nine, and even with
    that, we didnt lock the doors at night -- we didnt even have locks on
    the doors. When you and I were the age of the children seated in the
    balcony here today, we could play in the streets without worry. And the
    thought of injury at school didnt expand beyond the class bully. Iowa
    can and will retun to that gentler era when the dark of night meant
    peaceful rest and the break of dawn meant peace of mind. We will do it
    not by coddling the criminal, but by making punishment clear, swift, and
    tough.
         As a state, we, too, must not simply sit on the status quo. Sure,
    our budget is balanced, but there is more to governing than that.

         We must remake and continuously improve state government so that it
    is doing only what it needs to do and is doing that well.

         We cannot afford to have a tax structure that punishes the
    production and penalized success. Income taxes and property taxes must
    be cut and our commitment to education must reach historic highs.

         In short, our state can be a stand-out if we dare to compete. We
    have the resources -- land, people, intelligence, communities -- to best
    anyone, anywhere.  If government removes the lead-weights from the legs
    of Iowans and trains them with the best education system in the world,
    no one will stop us.

         Our standard of living will rise.

         Our family incomes will shoot up.

         Our exports will take off.

         Our communities will grow.

         Iowa will be the best that it can be.

         As your Governor, I will dedicate my next four years to making this
    dream a reality. But I will need your help. The help of my good friend
    and partner, Joy Corning, whose advice and calm voice of reason I value.
    The help of my family -- Chris, Eric, Allison, and Marcus -- who have
    all sacrificed so much and given me their unselfish support and love.

         The help of the good people of Iowa who have entrusted me with the
    responsibilities of leadership.

         This is a new day in Iowa, new times, with new challenges. And the
    same old Governor, with the same old principles and the same old values.
    Well, I dont plan to change my values or my principles -- they, like the
    values of all Iowans, are rooted in the good earth of our state.

         But like the people of this state, I plan to use those
    old-fashioned values and principles to lead Iowa to a bright future.

         The future is history we now have a chance to write. My goal is to
    have the future historians of this state say this about my service as
    your Governor, He embraced the traditional values of Iowas past; faced
    squarely the challenges of his day; and led Iowa to its most promising
    future. With your help, I will reach that, the most important goal, I
    have ever set.

         Thank you and God bless you.

         The  benediction was offered by the Reverend Linda Carder.

         Representative Siegrist moved that the joint convention be
    dissolved.
         The motion prevailed by a voice vote and the joint convention was
    dissolved at 10:46 a.m.

         The Senate resumed regular session, President Boswell presiding.
                                    APPENDIX



                          REPORTS OF COMMITTEE MEETINGS

    AGRICULTURE

    Convened: January 12, 1995, 10:04 a.m.

    Members Present: Priebe, Chair; Judge, Vice Chair; Bartz, Ranking
    Member; Banks, Black, Boswell, Douglas, Fraise, Giannetto, Hedge, Husak,
    McLaren, Sorensen and Zieman.

    Members Absent: Palmer (excused).

    Committee Business: Approved SSBs 15 and 17 and LSB 1627 as committee
    bills.

    Adjourned: 10:24 a.m.



    APPROPRIATIONS

    Convened: January 12, 1995, 2:30 p.m.

    Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
    Member; Banks, Bartz, Black, Borlaug, Douglas, Dvorsky, Flynn, Fraise,
    Gronstal, Halvorson, Hammond, Husak, Iverson, Judge, Kibbie, McLaren,
    Neuhauser, Rensink, and Vilsack.

    Members Absent: Bisignano, Kramer and Tinsman (all excused).

    Committee Business: Recommended passage of Senate Joint Resolution 1.

    Adjourned: 2:33 p.m.



    BUSINESS AND LABOR

    Convened: January 12, 1995, 11:30 a.m.

    Members Present: Dearden, Chair; Gettings, Vice Chair; Freeman, Ranking
    Member; Connolly, Dvorsky, Giannetto, Hammond, Iverson and Maddox.

    Members Absent: Banks.

    Committee Business: Approved committee rules.

    Adjourned: 11:38 a.m.
    COMMERCE

    Convened: January 12, 1995, 1:32 p.m.

    Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
    Member; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge,
    Husak, Lundy, Priebe and Redfern.

    Members Absent: Palmer.

    Committee Business: Adopted committee rules.

    Adjourned: 1:42 p.m.



    COMMUNICATIONS AND INFORMATION POLICY

    Convened: January 12, 1995, 9:36 a.m.

    Members Present: Dvorsky, Chair; Deluhery, Vice Chair; Flynn, Hansen,
    Jensen and Redfern.

    Members Absent: McLaren, Ranking Member.

    Committee Business: Adopted committee rules.

    Adjourned: 9:52 a.m.



    EDUCATION

    Convened: January 12, 1995, 10:07 a.m.

    Members Present: Connolly, Chair; Kibbie, Vice Chair; Redfern, Ranking
    Member; Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Lind, Murphy,
    Neuhauser, Rensink, Szymoniak and Tinsman.

    Members Absent: none.

    Committee Business: Approved SSBs 1 and 3 as committee bills.

    Adjourned: 10:34 a.m.



    LOCAL GOVERNMENT

    Convened: January 12, 1995, 1:35 p.m.

    Members Present: Sorensen, Chair; Fink, Vice Chair; Maddox, Ranking
    Member; Black, Fraise, Halvorson, Judge, McKean, Rittmer and Zieman.
    Members Absent: none.

    Committee Business: Adopted committee rules and assigned a study bill to
    a subcommittee.

    Adjourned: 1:43 p.m.



    SMALL BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM

    Convened: January 12, 1995, 10:49 a.m.

    Members Present: Hansen, Chair; Judge, Vice Chair; Zieman, Ranking
    Member; Bennett, Boettger, Borlaug, Flynn, Giannetto, Kibbie, Maddox,
    McKean, Palmer, Sorensen, Szymoniak and Vilsack.

    Members Absent: none.

    Committee Business: Organizational meeting; adopted committee rules.

    Adjourned: 11:23 a.m.



    TRANSPORTATION

    Convened: January 12, 1995, 10:50 a.m.

    Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
    Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
    and Rittmer.

    Members Absent: none.

    Committee Business: Organizational meeting; assigned bills to
    subcommittees.

    Adjourned: 11:05 a.m.



                            SUBCOMMITTEE ASSIGNMENTS

                         Senate Concurrent Resolution 2

    RULES AND ADMINISTRATION: Gettings, Chair; Boswell and Kramer

                         Senate Concurrent Resolution 7

    RULES AND ADMINISTRATION: Gettings, Chair; Boswell and Lind
                          House Concurrent Resolution 7

    RULES AND ADMINISTRATION: Horn, Chair; Bisignano, Boswell, Lind and Rife

                                     SSB 15

    AGRICULTURE: Boswell, Chair; Bartz and Fraise

                                     SSB 17

    AGRICULTURE: Priebe, Chair; Husak and McLaren



                                   ADJOURNMENT

         On motion of Senator Horn, the Senate adjourned at 10:47 a.m.,
    until 10:00 a.m., Tuesday, January 17, 1995.

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