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TWENTY-NINTH CALENDAR DAY
SEVENTEENTH SESSION DAY
Senate Chamber
Des Moines, Iowa, Monday, February 6, 1995
The Senate met in regular session at 1:47 p.m., President Boswell
presiding.
Prayer was offered by Monsignor James K. Lafferty, Diocesan
Director of Pro-Life Activities for Sioux City Diocese and pastor of the
St. Johns Church, Arcadia, Iowa.
The Journal of Thursday, February 2, 1995, was approved.
INTRODUCTION OF RESOLUTION
Senate Joint Resolution 8, by Rensink, a joint resolution proposing
an amendment to the Constitution of the State of Iowa to establish the
right of parents to direct the upbringing and education of their
children.
Read first time and passed on file.
QUORUM CALL
Senator Horn requested a non record roll call to determine that a
quorum was present.
The vote revealed 47 present, 3 absent and a quorum present.
LEAVES OF ABSENCE
Leaves of absence were granted as follows:
Senator Drake until he arrives on request of Senator Rife and
Senator Vilsack until he arrives on request of Senator Bisignano.
CONSIDERATION OF BILLS
(Regular Calendar)
Senate File 66
On motion of Senator Fraise, Senate File 66, a bill for an act
relating to cruelty to police service dogs and providing for enhanced
penalties, was taken up for consideration.
Senator Fraise 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. 66) the vote was:
Ayes, 47:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hansen Hedge Horn
Husak Iverson Jensen Judge
Kibbie Kramer Lind Lundby
Maddox McKean McLaren Murphy
Neuhauser Palmer Priebe Redfern
Rensink Rife Rittmer Sorensen
Szymoniak Tinsman Zieman
Nays, 1:
Hammond
Absent or not voting, 2:
Drake Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
House File 3
On motion of Senator Bennett, House File 3, a bill for an act
relating to the state banner, with report of committee recommending
passage, was taken up for consideration.
Senator Bennett 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? (H.F. 3) the vote was:
Ayes, 48:
Banks Bartz Bennett Bisignano
Black Boettger Borlaug Boswell
Connolly Dearden Deluhery Douglas
Dvorsky Fink Flynn Fraise
Freeman Gettings Giannetto Gronstal
Halvorson Hammond Hansen Hedge
Horn Husak Iverson Jensen
Judge Kibbie Kramer Lind
Lundby Maddox McKean McLaren
Murphy Neuhauser Palmer Priebe
Redfern Rensink Rife Rittmer
Sorensen Szymoniak Tinsman Zieman
Nays, none.
Absent or not voting, 2:
Drake Vilsack
The bill having received a constitutional majority was declared to
have passed the Senate and the title was agreed to.
Senator Horn asked and received unanimous consent to take up for
consideration Senate Concurrent Resolution 11.
Senator Concurrent Resolution 11
On motion of Senator Gettings, Senate Concurrent Resolution 11, a
concurrent resolution declaring support for Amtrack, was taken up for
consideration.
Senator Gettings moved the adoption of Senate Concurrent Resolution
11, which motion prevailed by a voice vote.
IMMEDIATELY MESSAGED
Senator Horn asked and received unanimous consent that Senate File
66, House File 3 and Senate Concurrent Resolution 11 be immediately
messaged to the House.
INTRODUCTION OF BILL
Senate File 94, by Banks, Hansen, and Gronstal, a bill for an act
relating to reciprocal license fees for nonresident real estate brokers
and salespersons.
Read first time and passed on file.
APPENDIX
COMMUNICATIONS FROM THE GOVERNOR
The following communications from the Governor were received in the
office of the Secretary of the Senate:
Mr. John Dwyer
Secretary of the Senate
State Capitol Building
L O C A L
Dear Mr. Dwyer:
It is my pleasure to submit to the Senate for their consideration
the following governors appointees as members of state boards,
departments and commissions pursuant to 1995 Code of Iowa sections:
For appointment as members of the Athletic Trainer Advisory Board
pursuant to Section 152D.7:
Alan J. Beste, Boone, Boone County, for a term beginning July 1,
1994, and ending April 30, 1995; Dr. Kenneth W. Caldwell, Cedar Falls,
Black Hawk County, for a term beginning July 1, 1994, and ending April
30, 1996; Danny T. Foster, Iowa City, Johnson County, for a term
beginning July 1, 1994, and ending April 30, 1995; Denise A. Harklau,
Ames, Story County, for a term beginning July 1, 1994, and ending April
30, 1995; Dr. Mary A. Khowassah, Iowa City, Johnson County, for a term
beginning July 1, 1994, and ending April 30, 1996, and Dr. Rick D.
Wilkerson, Spencer, Clay County, for a term beginning July 1, 1994, and
ending April 30, 1996.
Dr. Teresa A. Mock, Mason City, Cerro Gordo County, for appointment
as a member of the Board of Medical Examiners pursuant to Section
147.14(2) for a term beginning May 26, 1994, and ending April 30, 1995.
Elizabeth R. Walker, Davenport, Scott County, for appointment as a
member of the Board of Parole pursuant to Section 904A.3, for a term
beginning November 9, 1994, and ending April 30, 1996.
Dr. Therese M. Vaughan, Des Moines, Polk County, for appointment as
Commissioner of Insurance pursuant to Section 505.2 for a term beginning
August 1, 1994, and ending April 30, 1995.
For reappointment as members of the Commission of Veterans Affairs
pursuant to Section 35A.2 for terms beginning July 1, 1994, and ending
April 30, 1998:
Muriel E. Allan, Maquoketa, Jackson County; Dorothy E. Andrews,
Cedar Rapids, Linn County, and Gail K. Danilson, Woodward, Boone County.
For appointment as members of the Commission on the Status of
African-Americans pursuant to Section 216A.142:
Dr. Scharron A. Clayton, Waterloo, Black Hawk County, for a term
beginning December 20, 1994, and ending April 30, 1998, and Myrtilla
Levin, Des Moines, Polk County, for a term beginning November 29, 1994,
and ending April 30, 1996.
Judge Brown, Jr., Fort Dodge, Webster County, for appointment as a
member of the Commission on the Status of Women pursuant to Sections
216A.52-53, for a term beginning September 1, 1994, and ending April 30,
1996.
For appointment as members of the Community Health Management
Information System Governing Board pursuant to Section 144C.4:
Dr. Dale J. Andringa, Mitchellville, Polk County, for a term
beginning July 1, 1994, and ending April 30, 1997; Dennis L. Billings,
Johnston, Polk County, for a term beginning July 1, 1994, and ending
April 30, 1995; Kraig A. Boysen, West Des Moines, Polk County, for a
term beginning July 1, 1994, and ending April 30, 1997; Dr. Beth K.
Bruening, Sioux City, Woodbury County, for a term beginning July 1,
1994, and ending April 30, 1996; John M. Comstock, Clarion, Wright
County, for a term beginning July 1, 1994, and ending April 30, 1995;
Ann E. Kaven, Urbandale, Polk County, for a term beginning July 1, 1994,
and ending April 30, 1995; John A. Kolosky, West Des Moines, Polk
County, for a term beginning July 1, 1994, and ending April 30, 1996;
Marabeth K. Soneson, Cedar Falls, Black Hawk County, for a term
beginning July 1, 1994, and ending April 30, 1996; Marcia J. Stark, West
Des Moines, Polk County, for a term beginning July 1, 1994, and ending
April 30, 1997; F. Walter Tomenga, Johnston, Polk County, for a term
beginning July 1, 1994, and ending April 30, 1997, and Pamela W. Vap,
Manchester, Delaware County, for a term beginning July 1, 1994, and
ending April 30, 1996.
David J. Lyons, Des Moines, Polk County, for appointment as
Director of the Department of Economic Development pursuant to Section
15.105 for a term beginning May 10, 1994, and to serve at the pleasure
of the governor.
Janet E. Phipps, Adel, Dallas County, as Director of the Department
of General Services pursuant to Section 18.2 for a term beginning July
1, 1994, and to serve at the pleasure of the governor.
Derald L. Judson, Jr., Altoona, Polk County, for appointment as a
member of the Employment Appeal Board pursuant to Section 10A.601 for a
term beginning September 8, 1994, and ending April 30, 1998.
Terrance G. Townsend, Newton, Jasper County, for appointment as a
member of the Environmental Protection Commission pursuant to Section
455A.6 for a term beginning August 11, 1994, and ending April 30, 1997.
Randy G. Brown, Osceola, Clark County, for appointment as Executive
Director of the Commission of Veterans Affairs pursuant to Section 35A.8
for a term beginning June 16, 1994, and to serve at the pleasure of the
governor.
Dr. Bruce W. Van Zee, Oakland, Pottawattamie County, for
appointment as a member of the Iowa Board of Veterinary Medicine
pursuant to Section 169.5 for a term beginning June 1, 1994, and ending
April 30, 1997.
For appointment as members of the Iowa Telecommunications and
Technology Commission pursuant to Section 8D.3:
Joan U. Axel, Muscatine, Muscatine County, for a term beginning
July 1, 1994, and ending April 30, 2000; Robert F. Baur, Van Meter,
Dallas County, for a term beginning July 1, 1994, and ending April 30,
1996, and Richard A. Westcott, Des Moines, Polk County, for a term
beginning July 1, 1994, and ending April 30, 1998.
Kathryn A. Murphy, Waverly, Bremer County, for appointment as a
member of the Job Service Advisory Council pursuant to Section 96.11(5)
for a term beginning November 23, 1994, and ending April 30, 1999.
For appointment as members of the Mental Health and Developmental
Disabilities Commission pursuant to Section 225C.5:
Mary Anne Anderson, Red Oak, Montgomery County, for a term
beginning July 1, 1994, and ending April 30, 1997; Sharon Blair, Des
Moines, Polk County, for a term beginning July 1, 1994, and ending April
30, 1995; Robert J. DeSmidt, Sioux City, Woodbury County, for a term
beginning July 1, 1994, and ending April 30, 1997; Dr. Marilee
Fredericks, Des Moines, Polk County, for a term beginning July 1, 1994,
and ending April 30, 1996; Gary L. Gansemer, Dubuque, Dubuque County,
for a term beginning July 1, 1994, and ending April 30, 1997; Frank H.
Hermsen, Carroll, Carroll County, for a term beginning July 1, 1994, and
ending April 30, 1996; Gilbert C. Hoogendoorn, George, Lyon County, for
a term beginning July 1, 1994, and ending April 30, 1997; Clark A. Lane,
Humboldt, Humboldt County, for a term beginning July 1, 1994, and ending
April 30, 1997; Barbara J. Lips, Fayette, Fayette County, for a term
beginning July 1, 1994, and ending April 30, 1995; Jean E. Oxley,
Marion, Linn County, for a term beginning July 1, 1994, and ending April
30, 1995; Robert E. Petersen, Walcott, Scott County, for a term
beginning July 1, 1994, and ending April 30, 1997; Linda W. Rouse, Leon,
Decatur County, for a term beginning July 1, 1994, and ending April 30,
1995, and Beverly A. Sanderson, Winterset, Madison County, for a term
beginning July 1, 1994, and ending April 30, 1996.
Joan C. Schneider, Okoboji, Dickinson County, for appointment as a
member of the Natural Resource Commission pursuant to Section 455A.5 for
a term beginning July 1, 1994, and ending April 30, 1995.
Yvonne M. Wente, Waverly, Bremer County, for appointment as a
member of the Renewable Fuel and Coproducts Advisory Committee pursuant
to Section 159A.4 for a term beginning July 1, 1994, and ending April
30, 1997.
Wayne F. Drexler, Dyersville, Dubuque County, for appointment as a
member of the School Budget Review Committee pursuant to Section 257.30
for a term beginning May 4, 1994, and ending April 30, 1997.
For appointment as members of the Iowa Seed Capital Corporation
pursuant to Section 15E.83:
Carol A. Garrett, Bettendorf, Scott County, for a term beginning
July 1, 1994, and ending April 30, 1997; Doris A. Hansen, Sioux City,
Woodbury County, for a term beginning July 1, 1994, and ending April 30,
1997; Thomas G. Kunz, Waterloo, Black Hawk County, for a term beginning
July 1, 1994, and ending April 30, 1997; John B. Parks, Ames, Story
County, for a term beginning July 1, 1994, and ending April 30, 1996; L.
Jeanne Partlow, Des Moines, Polk County, for a term beginning July 1,
1994, and ending April 30, 1996; Randolph P. Steig, West Des Moines,
Polk County, for a term beginning July 1, 1994, and ending April 30,
1996; and Bruce Tamisiea, Spencer, Clay County, for a term beginning
July 1, 1994, and ending April 30, 1998.
Paul J. Leinen, Jr., Harlan, Shelby County, for appointment as a
member of the State Judicial Nominating Commission pursuant to Section
46.1 for a term beginning April 21, 1994, and ending April 30, 1999.
Kenneth W. McNichols, Bondurant, Polk County, for appointment as a
member of the State Soil Conservation Committee pursuant to Section
161A.4 for a term beginning September 14, 1994, and ending April 30,
1997.
Sincerely, TERRY E. BRANSTAD Governor
Communications were referred to the committee on Rules and
Administration.
COMMUNICATIONS RECEIVED
The following communications were received and are on file in the
office of the Secretary of the Senate.
January 9, 1995
IOWA DEPARTMENT OF AGRICULTURE
AND LAND STEWARDSHIP
The purpose of the memorandum is to convey the (WECIP) report, as
called for in Section 19 of Senate File 2314, enacted during the 1994
session of the Iowa General Assembly.
January 13, 1995
GOVERNORS ALLIANCE ON SUBSTANCE ABUSE
As required by state law, a report concerning Youthful Offender
Programs located in Judicial Districts 1,6, and 8.
January 17, 1995
STATE BOARD OF REGENTS
A report regarding the BFC in accordance with House File 2411, Sec.
22,266.39D on pages 22 and 23.
January 17, 1995
STATE BOARD OF REGENTS
Fiscal Years 1996 and 1997 Budget Requests and Statistical
Information.
January 17, 1995
STATE PRESERVES ADVISORY BOARD
1993-1994 Biennial Report.
January 17, 1995
THE STATE PSEUDORABIES ADVISORY COMMITTEE
The Official 1995 Report on Calendar Year 1994 Activities as
required by Chapter 166D.3, Code of Iowa.
January 17, 1995
DEPARTMENT OF EDUCATION
A Report to the Iowa General Assembly on the Community College
Formula in response to CH. 101, Sec. 208 of the 1993 legislative
session.
January 17, 1995
IOWA TELECOMMUNICATIONS & TECHNOLOGY COMMISSION
Pursuant to Section 5.3.f, Senate File 2089, the draft five-year
financial plan is submitted for format review.
January 17, 1995
IOWA DEPARTMENT OF CORRECTIONS
This report on elderly and infirm inmates is in response to the
reporting requirements of the 1994 Acts of the Iowa General Assembly,
Chapter 1196, Section 12.
Literacy Project Report. This report is in response to the
legislative mandate established in Chapter 1196, Section 4, Subsection
4, Acts of the 1994 General Assembly.
January 18, 1995
GOVERNORS ALLIANCE ON SUBSTANCE ABUSE
Iowas Drug and Violent Crime Control Strategy, 1995. A copy of the
states application as prepared by the Governors Alliance on Substance
Abuse.
January 18, 1995
IOWA DEPARTMENT OF CORRECTIONS
A report submitted by the Department of Corrections to comply with
the requirements of the 1994 Acts of the Iowa General Assembly, chapter
1196, Section 3, subsection 2, and Section 4, subsection 5. This
report, commonly known as the Toborg Report researched the practices and
procedures of the corrections system and recommended policy changes that
would reduce the future need for prison beds.
January 19, 1995
STATE BOARD OF REGENTS
In accordance with Chapter 262A. 6A of the Code of Iowa, this
report regarding the sale of capital appreciation bonds is submitted to
the General Assembly.
January 19, 1995
IOWA DEPARTMENT OF TRANSPORTATION
A study, as required by Section 328.12(11) of the Code of Iowa,
rates each of the 114 municipally owned airport facilities open to the
public.
January 19, 1995
DIVISION OF DEPARTMENT OF CORRECTIONS
The 1994 Acts of the Iowa General Assembly, Chapter 1196, section
13 requires Iowa Prison Industries to report on the steps that have been
taken to implement the recommendations of the 1994 report to the
legislature on Vocational/Technical education.
January 23, 1995
STATE LIBRARY OF IOWA
The 1993-94 Iowa Public Library Statistics. This edition is
information on income, expenditures, acquisitions, holdings,
circulation, personnel, output measures, and a county-by-county study.
January 23, 1995
CITIZENS AID/OMBUDSMAN
Quarterly Report of the period ending January 15, 1995.
January 23, 1995
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
Annual Report to the Governor and Members of the General Assembly
for state fiscal year 1994. (July 1, 1993 - June 30, 1994)
January 23, 1995
WALLACE TECHNOLOGY TRANSFER FOUNDATION OF IOWA
The fifth annual report, according to the requirement of Iowa Code
Chapter 55E.155, Section 15.
January 23, 1995
DEPARTMENT OF ECONOMIC DEVELOPMENT
As required in the Code of Iowa, Section 7.B, Subsection 10, an
Annual Report of the Job Training Partnership Act.
January 24, 1995
IOWA DEPARTMENT OF TRANSPORTATION
A copy of Iowa in Motion: Part 1. It discusses current state
transportation policies and summarizes issues and public opinion about
Iowas transportation future. It provides a base for identifying options
to develop Iowas transportation systems over the next 25 years.
January 24, 1995
IOWA COLLEGE STUDENT AID COMMISSION
Iowa Chiropractic Students Outlook for Practitioners and Need for
State-Funded Assistance Report.
January 24, 1995
IOWA DEPARTMENT OF TRANSPORTATION
The 1995 Transportation System Fact Book which is part of the Iowa
Department of Transportations annual report as required by Code Section
7A.9.
January 25, 1995
DEPARTMENT OF MANAGEMENT
The Statement of Standing Appropriations report for the fiscal year
ending June 30, 1994, in accordance with Chapter 8.6(2) of the Code of
Iowa.
January 25, 1995
IOWA COMMUNITY HEALTH MANAGEMENT INFORMATION SYSTEM
The (CHMIS) Report to the General Assembly pursuant to requirements
specified in Chapter 144C.
January 26, 1995
IOWA CIVIL RIGHTS COMMISSION
A copy of the Fiscal Year 1994 annual report for the Civil Rights
Commissin, pursuant to Chapter 17, Code of Iowa.
January 26, 1995
STATE BOARD OF REGENTS
Pursuant to Section 262.9, Code of Iowa 1993, the Board of Regents
is submitting the report which provides the current status on purchase
and use of soybean-based inks, purchase of starch-based plastic garbage
can liners, and purchase of plastic products for which starch-based
alternatives are available.
January 30, 1995
CITIZENS AID OMBUDSMAN
1995 Citizens Aide/Ombudsman Legislative Recommendations.
January 30, 1995
IOWA DEPARTMENT OF PUBLIC HEALTH
Pursuant to HF 2376, The Home Care Aide/Chore Program. A Report to
the Governor and General Assembly administered by Iowa Dept. of Public
Health, January 1995.
Pursuant to Iowa Code Chapter 235.C.3 (7). Council on Chemically
Exposed Infants and Children Executive Summary and Annual Report.
Pursuant to HF 2376, Iowa Healthy Family Program, Report on FY94
Activities.
Pursuant to HF 2376, Public Health Nursing Annual Report, January
1995.
Pursuant to: Iowa Code, Ch. 144.5(5)Vital Statistics of Iowa.
January 31, 1995
DEPARTMENT OF HUMAN SERVICES
A report on the Outcome-Based Performance Standards pursuant to
House File 2311, Section 56.
January 31, 1995
IOWA DEPARTMENT FOR THE BLIND
The 1994 Annual Report for the Iowa Department for the Blind,
pursuant to Chapter 216B.7, Code of Iowa.
February 1, 1995
DEPARTMENT OF HUMAN RIGHTS
The 23rd Annual Report of Iowa Commission on the Status of Women.
February 1, 1995
TREASURER OF THE STATE OF IOWA
The Linked Investments For Tomorrow Annual Report in accordance
with Iowa Code chapter 12.38. This report sets forth the linked
investments made by the state treasury for the year 1994 for:
horticulture and alternative crops, targeted small business, main street
preservation, and rural small business transfers.
PETITIONS
The following petitions were presented and placed on file by:
Senator Black from 82,000 residents of Jasper and Poweshiek
Counties and other areas of Iowa favoring legislation reinstating the
death penalty for those convicted of abduction and the resultant death
of the person(s) abducted.
President Boswell from 400 residents of Decatur County to allow a
Missouri bank to open a branch office in Decatur County to serve their
Iowa customers (43% of banks customers).
REPORTS OF COMMITTEE MEETINGS
COMMERCE
Convened: February 2, 1995, 9:50 a.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge,
Husak, Lundy, Palmer and Priebe.
Members Absent: Redfern (excused).
Committee Business: Recommended passage of Senate File 84.
Adjourned: 10:02 a.m.
ETHICS
Convened: February 2, 1995, 10:14 a.m.
Members Present: Husak, Chair; Neuhauser, Vice Chair; Hedge, Ranking
Member; Drake, Gettings and McKean.
Members Absent: none.
Committee Business: Presentation by the executive director of the Iowa
Ethics and Campaign Disclosure Board.
Adjourned: 11:03 a.m.
WAYS AND MEANS
Convened: February 2, 1995, 12:15 p.m.
Members Present: Palmer, Chair; Husak, Vice Chair; Bennett, Ranking
Member; Connolly, Deluhery, Drake, Freeman, Hedge, Iverson, McLaren,
Murphy, Neuhauser, Priebe, Szymoniak and Vilsack.
Members Absent: none.
Committee Business: Recommended passage of Senate File 84.
Adjourned: 12:25 p.m.
STUDY BILLS RECEIVED
SSB 93
Agriculture
A Joint Resolution to nullify portions of an administrative rule
relating toopen burning of certain agricultural and other wastes and
providing and effectve date.
SSB 94
State Government
Relating to the name of those persons who engage in the practice of
podiatry
SSB 95
Education
Striking Code language that conflicts with federal work-study
program requirements and language relating to unfunded programs
administered by the college stdent aid commission, and repealing from
the Code certain unfunded programs ainistered by the college student
aid commission.
INTRODUCTION OF BILLS
Senate File 95, by Dvorsky, a bill for an act relating to the
imposition of a county real estate transfer tax for purposes of a local
housing trust fund.
Read first time under Rule 28 and passed on file.
Senate File 96, by Iverson, a bill for an act relating to the
deduction of medical and health care insurance or coverage for state
individual income tax and providing a retroactive applicability date.
Read first time under Rule 28 and passed on file.
Senate File 97, by Iverson, a bill for an act authorizing a
political subdivision to impose an income surtax to partially fund
certain bonds and providing for the Acts applicability.
Read first time under Rule 28 and passed on file.
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 2:20 p.m., until
9:00 a.m., Tuesday, February 7, 1995.
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