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SEVENTY-FIRST CALENDAR DAY FORTY-SECOND SESSION DAY Senate Chamber Des Moines, Iowa, Monday, March 20, 1995 The Senate met in regular session at 2:05 p.m., President Boswell presiding. Prayer was offered by the Reverend Charles B. Hawkins, pastor of the Regular Baptist Church, Mt. Ayr, Iowa. The Journal of Thursday, March 16, 1995, was approved. COMMUNICATION FROM THE GOVERNOR The following communication from the governor was received: February 15, 1995 John Dwyer Secretary of the Senate State Capitol Building L O C A L Dear Mr. Dwyer: In a letter to you dated February 14, 1994, Paul S. Stave, Spencer, Clay County, of the Accountancy Examining Board was inadvertantly listed as one of the names to be withdrawn from Senate consideration for confirmation because of the provisions of the Ethics law. His name should not have been included on this list and he should have been considered for senate confirmation for his reappointment term to the Accountancy Examining Board beginning May 1, 1993, and ending April 30, 1996. Therefore, we ask that he be considered for confirmation by the Senate during this session. Sincerely, TERRY E. BRANSTAD Governor Communication was read and referred to the committee on Rules and Administration. 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: As members of the Accountancy Examining Board pursuant to Section 542C.3 for terms beginning May 1, 1995, and ending April 30, 1998: Jean E. Kruse, Cedar Rapids, Linn County, for reappointment; John M. Sklenar, Carroll, Carroll County, for appointment and Dorothy L. Votroubek, Davenport, Scott County, for reappointment. James Smith, Des Moines, Polk County, for reappointment as the Administrator of the Division of Community Action Agencies pursuant to Section 216A.2 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Donald W. Westergard, Indianola, Warren County, for reappointment as the Administrator of the Division of Persons with Disabilities pursuant to Section 216A.2 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Romelle H. Slaughter, Des Moines, Polk County, for appointment as the Administrator of the Division on the Status of African-Americans pursuant to Section 216A.2 for a term beginning February 10, 1995, and to serve at the pleasure of the Governor. Charlotte B. Nelson, Des Moines, Polk County, for reappointment as the Administrator of the Division on the Status of Women pursuant to Section 216A.2 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Major General Warren G. Lawson, Johnston, Polk County, for reappointment as Adjutant General pursuant to Section 29A.11 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. For appointment as members of the Alcoholic Beverages Commission pursuant to Section 123.5: Dr. Suzanne B. Mulder, Ames, Story County, for a term beginning May 1, 1995, and ending April 30, 2000, and Shirley M. Woodsmall, Ankeny, Polk County, for a term beginning March 1, 1995, and ending April 30, 1999. For reappointment as members of the Architectural Examining Board pursuant to Section 544A.1 for terms beginning May 1, 1995, and ending April 30, 1998: Carolyn E. Olsen, Minden, Pottawattamie County, and Norman H. Rudi, Ames, Story County. As members of the Athletic Trainer Advisory Board pursuant to Section 152D.7: Alan J. Beste, Boone, Boone County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Margaret Susan Cigelman, Urbandale, Polk County, for appointment for a term beginning May 2, 1995, and ending April 30, 1997; Danny T. Foster, Iowa City, Johnson County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998, and Denise A. Harklau, Ames, Story County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. Alan L. Thompson, Ames, Story County, for reappointment as a member of the Board of Barber Examiners pursuant to Section 147.14(1) for a term beginning May 1, 1995, and ending April 30, 1998. For reappointment as members of the Board of Behavioral Science Examiners pursuant to Section 147.14(13) for terms beginning May 1, 1995, and ending April 30, 1998: Mary M. Conway, Emmetsburg, Palo Alto County; Linda S. Trudeau, Carroll, Carroll County, and Stanton L. Visser, Rock Valley, Sioux County. Dr. Ronald C. Evans, Waukee, Dallas County, for reappointment as a member of the Board of Chiropractic Examiners pursuant to Section 147.14(8) for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Board of Corrections pursuant to Section 904.104 for terms beginning May 1, 1995, and ending April 30, 1999: Frances V. Colston, West Des Moines, Polk County, for appointment; Kenneth R. Hoefle, Davenport, Scott County, for appointment; Jim R. Schwiesow, Orange City, Sioux County, for reappointment and Allan W. Vander Hart, Jesup, Buchanan County, for appointment. Susanne E. Wolrab, Cedar Rapids, Linn County, for reappointment as a member of the Board of Cosmetology Arts and Sciences Examiners pursuant to Section 147.14(14), for a term beginning May 1, 1995, and ending April 30, 1998. For reappointment as members of the Board of Dental Examiners pursuant to Section 147.14(4) for terms beginning May 1, 1995, and ending April 30, 1998: Dr. Jerry C. Prahl, Sioux City, Woodbury County; Dr. James A. Raecker, Waterloo, Black Hawk County, and Dr. Fred A. Riddle, Jr., Iowa City, Johnson County. Margaret B. Tait, Ames, Story County, for reappointment as a member of the Board of Dietetic Examiners pursuant to Section 147.14 (11) for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Board of Educational Examiners pursuant to Section 272.3: Mary M. Conrad, Fort Dodge, Webster County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999; Dr. Gerald L. Cowell, Creston, Union County, for appointment for a term beginning May 1, 1995, and ending April 30, 1999; James E. Ehmen, Cedar Falls, Black Hawk County, for appointment for a term beginning May 1, 1995, and ending April 30, 1998; Jacqueline M. Parkin, Fairfield Jefferson County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999, and Ann R. Shaw, Indianola, Warren County, for appointment for a term beginning March 9, 1995, and ending April 30, 1997. For reappointment as members of the Board of Examiners for the Licensing and Regulation of Hearing Aid Dealers pursuant to Section 154A.2 for terms beginning May 1, 1995, and ending April 30, 1998: Richard T. Clark, Fort Dodge, Webster County, and Ronald G. Richer, Urbandale, Polk County. As members of the Board of Medical Examiners pursuant to Section 147.14(2): Dr. James M. Caterine, Waukee, Dallas County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Mary C. Hodges, Wapello, Louisa County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Dr. Dale R. Holdiman, Sioux City, Woodbury County, for appointment for a term beginning May 1, 1995, and ending April 30, 2000, and Dr. Teresa A. Mock, Mason City, Cerro Gordo County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. James W. Barr, Fort Madison, Lee County, for reappointment as a member of the Board of Mortuary Science Examiners pursuant to Section 147.14(1), for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Board of Nursing Examiners pursuant to Section 147.14(3): Rodmon C. Bell, Burlington, Des Moines County, for appointment for a term beginning March 10, 1995, and ending April 30, 1996; Regene L. Osborne, Sioux City, Woodbury County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Richard A. Petersen, Sioux City, Woodbury County, for appointment for a term beginning March 8, 1995, and ending April 30, 1998, and Guy W. Richardson, Jefferson, Greene County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Board of Optometry Examiners pursuant to Section 147.14(6): Jane F. Ecklund, Jefferson, Greene County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Brenda S. Neville, Cambridge, Story County, for appointment for a term beginning February 23, 1995, and ending April 30, 1997, and Dr. Robert H. Sharp, Atlantic, Cass County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. Barbara Binnie, Des Moines, Polk County, for reappointment as a member of the Board of Parole pursuant to Section 904A.3 for a term beginning May 1, 1995, and ending April 30, 1999. For reappointment as members of the Board of Pharmacy Examiners pursuant to Section 147.14(5) for terms beginning May 1, 1995, and ending April 30, 1998: Jay J. Cayner, Iowa City, Johnson County, and Phyllis A. Miller, Leon, Decatur County. As members of the Board of Physical and Occupational Therapy Examiners for terms beginning May 1, 1995, and ending April 30, 1998: Diana R. Brower, Saint Ansgar, Mitchell County, for reappointment and Eric G. Jacobs, Cedar Rapids, Linn County, for appointment. For appointment as members of the Board of Physician Assistant Examiners pursuant to Section 147.14(12) for terms beginning May 1, 1995, and ending April 30, 1998: Dr. Patricia A. Banwart, West Bend, Palo Alto County, and Mark G. Davis, Algona, Kossuth County. Dr. William W. Gronen, Waterloo, Black Hawk County, for appointment as a member of the Board of Podiatry Examiners pursuant to Section 147.14(1), for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Board of Psychology Examiners pursuant to Section 147.14(7): Connie L. Schmett, Clive, Polk County, for appointment for a term beginning March 10, 1995, and ending April 30, 1995, and for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. Dr. Dan L. Rogers, Fort Dodge, Webster County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. For reappointment as members of the Board of Social Work Examiners pursuant to Section 147.14(1) for terms beginning May 1, 1995, and ending April 30, 1998: Richard Matland, Glenwood, Mills County, and Kathleen M. Morgan, Des Moines, Polk County. Alan K. Heidecker, Sioux Center, Sioux County, for reappointment as a member of the Board of Speech Pathology and Audiology Examiners pursuant to Section 147. 14(9) for a term beginning May 1, 1995, and ending April 30, 1998. Allan T. Thoms, Dubuque, Dubuque County, for appointment as Chairperson of the Utilities Board pursuant to Section 474.1 for a term beginning May 1, 1995, and ending April 30, 1997. Dr. Therese M. Vaughan, Des Moines, Polk County, for reappointment as the Commissioner of Insurance pursuant to Section 505.2 for a term beginning May 1, 1995, and ending April 30, 1999. Dr. Edward Stanek, Des Moines, Polk County, for reappointment as the Commissioner of the Lottery pursuant to Section 99E.3 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. John C. Wellman, Des Moines, Polk County, for reappointment as a member of the Commission for the Blind pursuant to Section 216B.2 for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Commission of Elder Affairs pursuant to Section 231.11: Bertrum Bidne, Northwood, Worth County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999; Harold B. Davis, Sioux City, Woodbury County, for appointment for a term beginning March 10, 1995, and ending April 30, 1997, and Elmer H. Vermeer, Sioux Center, Sioux County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999. For reappointment as members of the Commission of Veterans Affairs pursuant to Section 35A.2 for terms beginning May 1, 1995, and ending April 30, 1999: Mildred R. Dawson, Cedar Rapids, Linn County, and Larry J. Jatho, Des Moines, Polk County. For reappointment as members of the Commission on Community Action Agencies pursuant to Section 216A.92A for terms beginning May 1, 1995, and ending April 30, 1998: Lois H. Eichacker, Fort Madison, Lee County; Merl McFarlane, Oelwein, Fayette County, and Stephanie A. Stebens, Davenport, Scott County. As members of the Commission on the Deaf pursuant to Section 216A.112 for terms beginning May 1, 1995, and ending April 30, 1998: Polly A. Adam, Des Moines, Polk County, for appointment; Donna S. Hansen, Waterloo, Black Hawk County for appointment, and Marvin W. Tuttle, Des Moines, Polk County, for reappointment. For reappointment as members of the Community Health Management Information System Governing Board pursuant to Section 144C.4 for terms beginning May 1, 1995, and ending April 30, 1998: Dennis L. Billings, Johnston, Polk County, and John M. Comstock, Clarion, Wright County. As members of the Council on Human Services pursuant to Section 217.2: Dennis D. Killion, Red Oak, Montgomery County, for reappointment for a term beginning May 1, 1995, and ending April 30, 2001; Gregg R. Narber, Des Moines, Polk County, for appointment for a term beginning May 1, 1995, and ending April 30, 2001, and Dianne L. Paca, Garner, Hancock County, for appointment for a term beginning March 1, 1995, and ending April 30, 1999. For reappointment as members of the County Finance Committee pursuant to Section 333A.2 for terms beginning May 1, 1995, and ending April 30, 1999: Christine M. Van Meter, Des Moines, Polk County, and Sharon L. Winchell, Atlantic, Cass County. For appointment as members of the Credit Union Review Board pursuant to Section 533.53 for terms beginning May 1, 1995, and ending April 30, 1998: Patricia A. Berding, Sioux City, Woodbury County, and Diane L. Kollasch, Spirit Lake, Dickinson County. Christopher G. Atchison, Des Moines, Polk County, for reappointment as Director of Public Health pursuant to Section 135.2 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Gerald D. Bair, Ankeny, Polk County, for reappointment as Director of Revenue and Finance pursuant to Section 421.2 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. R. Creig Slayton, Des Moines, Polk County, for reappointment as Director of the Department for the Blind pursuant to Section 216B.2 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. William H. Jackson, Des Moines, Polk County, for reappointment as the Director of the Department of Cultural Affairs pursuant to Section 303.1 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Betty L. Grandquist, Des Moines, Polk County, for reappointment as Director of the Department of Elder Affairs pursuant to Section 231.22 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Larry J. Wilson, Des Moines, Polk County, for reappointment as Director of the Department of Natural Resources pursuant to Section 455A.3 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Karen L. Wall, Sioux City, Woodbury County, for appointment as a member of the Drug Abuse Prevention and Education Advisory Council pursuant to Section 80E.2 for a term beginning May 1, 1995, and ending April 30, 1999. For reappointment as members of the Engineering and Land Surveying Examining Board pursuant to Section 542B.3 for terms beginning May 1, 1995, and ending April 30, 1998: Dwayne C. Garber, Beaman, Grundy County, and Anne W. McKeown, Council Bluffs, Pottawattamie County. As members of the Environmental Protection Commission pursuant to Section 455A.6 for terms beginning May 1, 1995, and ending April 30, 1999: Kathryn J. Draeger, Bronson, Woodbury County, for appointment; Charlotte Mohr, Eldridge, Scott County, for reappointment; Gary C. Priebe, Algona, Kossuth County, for reappointment, and Esther M. Strother, Mount Vernon, Linn County, for appointment. Ted R. Chapler, Des Moines, Polk County, for reappointment as the Executive Director of the Iowa Finance Authority pursuant to Section 16.6 for a term beginning May 1, 1995, and to serve at the pleasure of the Governor. Margaret P. Borgen, Des Moines, Polk County, for reappointment as a member of the First in the Nation in Education Foundation Governing Board pursuant to Section 257A.2 for a term beginning May 1, 1995, and ending April 30, 2001. For reappointment as members of the Indigent Defense Advisory Commission pursuant to Section 13B.2A for terms beginning May 1, 1995, and ending April 30, 1998: Carlynn D. Grupp, Mason City, Cerro Gordo County; A. Patricia Houlihan, Des Moines, Polk County, and Richard P. Tekippe, New Hampton, Chickasaw County. As members of the Investment Board of the IPERS pursuant to Section 97B.8 for terms beginning May 1, 1995, and ending April 30, 2001: Kathy G. Kahue, Hamburg, Fremont County, for reappointment, and Bruce G. Kelley, Des Moines, Polk County, for appointment. Dr. Donald R. Jacobi, Harlan, Shelby County, for reappointment as a member of the Iowa Board of Veterinary Medicine pursuant to Section 169.5 for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Iowa Comprehensive Petroleum Underground Storage Tank Fund Board pursuant to Section 455G.4: Cathy A. Rottinghaus, Cedar Falls, Black Hawk County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999, and Jacklyn K. Van Ekeren, Des Moines, Polk County, for appointment for a term beginning March 13, 1995, and ending April 30, 1997. For reappointment as members of the Iowa Council on Human Investment pursuant to Section 8A.2 for terms beginning May 1, 1995, and ending April 30, 1998: Lois H. Eichacker, Fort Madison, Lee County; Elaine A. Pfalzgraf, Cedar Falls, Black Hawk County, and Charese E. Yanney, Sioux City, Woodbury County. For reappointment as members of the Iowa Economic Development Board pursuant to Section 15.103 for terms beginning May 1, 1995, and ending April 30, 1999: Ann Jorgensen, Garrison, Benton County, and Eldon E. Leonard, Ankeny, Polk County. Cindy Raspiller, Cedar Rapids, Linn County, for reappointment as a member of the Iowa Emergency Response Commission pursuant to Section 30.2 for a term beginning May 1, 1995, and ending April 30, 1998. Geraldine M. Leinen, Davenport, Scott County, for appointment as a member of the Iowa Ethics and Campaign Disclosure Board pursuant to Section 68B.32 for a term beginning March 10, 1995, and ending April 30, 1998. For reappointment as members of the Iowa Finance Authority pursuant to Section 16.2 for terms beginning May 1, 1995, and ending April 30, 2001: James W. Balmer, Iowa City, Johnson County; Darwin T. Lynner, Jr., Des Moines, Polk County, and Roosevelt Taylor, Waterloo, Black Hawk County. For reappointment as members of the Iowa Grain Indemnity Fund Board pursuant to Section 203D.4 for terms beginning May 1, 1995, and ending April 30, 1998: Terry W. Evans, Corning, Adams County, and Bruce A. Yungclas, Webster City, Hamilton County. Kathryn A. Thieleke, Grimes, Polk County, for appointment as a member of the Iowa Higher Education Loan Authority pursuant to Section 261A.5 for a term beginning February 8, 1995, and ending April 30, 1998. For appointment as members of the Iowa Law Enforcement Academy Council pursuant to Section 80B.6: Donald S. Lynn, Bettendorf, Scott County, for a term beginning May 1, 1995, and ending April 30, 1999, and Thomas S. Mullin, Sioux City, Woodbury County, for a term beginning March 9, 1995, and ending April 30, 1998. As members of the Iowa State Civil Rights Commission pursuant to Section 216.3 for terms beginning May 1, 1995, and ending April 30, 1999: Bernard L. Bidne, Northwood, Worth County, for appointment and Sally M. ODonnell, Sioux City, Woodbury County, for reappointment. For reappointment as members of the Landscape Architectural Examining Board pursuant to Section 544B.3: Alfred C. Bohling, Jr., Columbus Junction, Louisa County, for a term beginning May 1, 1995, and ending April 30, 1999, and Diana Hoogestraat, Glenwood, Mills County, for a term beginning May 1, 1995, and ending April 30, 1998. For reappointment as members of the Lottery Board pursuant to Section 99E.5 for terms beginning May 1, 1995, and ending April 30, 1999: Connie M. Alt, Cedar Rapids, Linn County, and Ross M. Sutton, Urbandale, Polk County. As members of the Mental Health and Developmental Disabilities Commission pursuant to Section 225C.5: Sharon Blair, Des Moines, Polk County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Myrna L. Langerud, Lake Mills, Winnebago County, for appointment for a term beginning March 10, 1995, and ending April 30, 1996; Barbara J. Lips, Fayette, Fayette County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Jean E. Oxley, Marion, Linn County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998; Steven Reuter, Sumner, Bremer County, for appointment for a term beginning May 1, 1995, and ending April 30, 1998, and Beverly Zieman, Postville, Allamakee County, for appointment for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Narcotics Enforcement Advisory Council pursuant to Section 80E.3 for terms beginning May 1, 1995, and ending April 30, 1999: Yale H. Jarvis, Washington, Washington County, for appointment; Lori Lewis, Mason City, Cerro Gordo County, for reappointment and Lt. Russell C. Underwood, Johnston, Polk County, for appointment. For reappointment as members of the Natural Resource Commission pursuant to Section 455A.2 for terms beginning May 1, 1995, and ending April 30, 2001: Marian L. Kieffer, Bellevue, Jackson County, and Joan C. Schneider, Okoboji, Dickinson County. As members of the Personnel Commission pursuant to Sections 19A.4 and 19A.6: Dorothy F. Carpenter, West Des Moines, Polk County, for appointment for a term beginning February 7, 1995, and ending April 30, 2001; Merlin D. Hulse, Clarence, Cedar County, for reappointment for a term beginning May 1, 1995, and ending April 30, 2000, and Hubert W. Winebrenner, Clive, Polk County, for appointment for a term beginning February 7, 1995, and ending April 30, 1999. As members of the Prevention of Disabilities Policy Council pursuant to Section 225B.3 for terms beginning May 1, 1995, and ending April 30, 1998: Monica H. Kurtz, Des Moines, Polk County, for appointment; Jerry D. Stilwell, West Des Moines, Polk County, for reappointment and Carol A. Watson, Iowa City, Johnson County, for reappointment. As members of the Real Estate Appraiser Examining Board pursuant to Section 543D.4 for terms beginning May 1, 1995, and ending April 30, 1998: Terrence D. Culver, Des Moines, Polk County, for appointment; David R. Hicks, Hampton, Franklin County, for reappointment and Cathy G. Jones, Ankeny, Polk County, for appointment. Terry W. Rogers, Council Bluffs, Pottawattamie County, for appointment as a member of the Real Estate Commission pursuant to Section 543B.8 for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Renewable Fuels and Coproducts Advisory Committee pursuant to Section 159A.4: Myron D. Carlson, Oskaloosa, Mahaska County, for appointment for a term beginning March 10, 1995, and ending April 30, 1995, and for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. David L. Holmes, Johnston, Polk County, for appointment for a term beginning March 6, 1995, and ending April 30, 1997. Eric C. Seuren, West Des Moines, Polk County, for appointment for a term beginning March 6, 1995, and ending April 30, 1996. Earl L. Howard, Bloomfield, Davis County, for reappointment as a member of the Respiratory Care Advisory Committee pursuant to Section 152B.13 for a term beginning May 1, 1995, and ending April 30, 1998. As members of the Small Business Advisory Council pursuant to Section 15.108(7h): Sarah A. Falb, West Union, Fayette County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999; Frances S. Fleck, West Moines, Polk County, for appointment for a term beginning May 1, 1995, and ending April 30, 1996, and Leona E. Westphal, Corning, Adams County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999. For reappointment as members of the State Board of Examiners for Nursing Home Administrators pursuant to Section 155.2 for terms beginning May 1, 1995, and ending April 30, 1998: Warren D. Rippey, Des Moines, Polk County, and Patricia E. Tiarks, Sidney, Fremont County. For appointment as members of the State Board of Regents pursuant to Section 262.2 for terms beginning May 1, 1995, and ending April 30, 2001: David J. Fisher, West Des Moines, Polk County; Ellengray C. Kennedy, Bancroft, Kossuth County, and Beverly A. Smith, Waterloo, Black Hawk County. Gayle N. Vogel, Knoxville, Marion County, for appointment as a member of the State Board of Tax Review pursuant to Section 421.1 for a term beginning May 1, 1995, and ending April 30, 2001. As members of the State Citizen Foster Care Review Board pursuant to Section 237.16: Lil M. Perry, Washington, Washington County, for appointment for a term beginning March 13, 1995, and ending April 30, 1997, and Harriet Vande Hoef, Harris, Osceola County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1999. For appointment as members of the State Health Facilities Council pursuant to Section 135.62 for terms beginning May 1, 1995, and ending April 30, 2001: Patricia A. Hofmaster, West Des Moines, Polk County, and Dr. Harry C. Rasdal, Spencer, Clay County. For appointment as members of the State Judicial Nominating Commission pursuant to Section 46.1 for terms beginning May 1, 1995, and ending April 30, 2001: Donald Culp, Fort Madison, Lee County; Carol A. Golden, Marion, Linn County, and Lee W. Holt, Spencer, Clay County. As members of the State Racing and Gaming Commission pursuant to Section 99D.5: Richard Canella, Fort Madison, Lee County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998, and Bradley R. Peyton, Urbandale, Polk County, for appointment for a term beginning March 14, 1995, and ending April 30, 1997. As members of the State Soil Conservation Committee pursuant to Section 161A.4 for terms beginning May 1, 1995, and ending April 30, 2001: Mary J. Boote, Hull, Sioux County, for appointment and Mary Ann B. Drish, Brighton, Washington County, for reappointment. Thomas L. Aller, Cedar Rapids, Linn County, for appointment as a member of the State Transportation Commission pursuant to Section 307.3 for a term beginning May 1, 1995, and ending April 30, 1999. Allan T. Thomas, Dubuque, Dubuque County, for appointment as a member of the Utilities Board pursuant to Section 474.1 for a term beginning May 1, 1995, and ending April 30, 2001. As members of the Wallace Technology Transfer Foundation of Iowa pursuant to Section 15E.154: Steven S. Berger, Wellman, Washington County, for appointment for a term beginning February 21, 1995, and ending April 30, 1995, and for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. Nadine S. Drennan, New Sharon, Mahaska County, for appointment for a term beginning February 21, 1995, and ending April 30, 1995, and for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. Marlys D. Johnson, Akron, Plymouth County, for reappointment for a term beginning May 1, 1995, and ending April 30, 1998. Sincerely, TERRY E. BRANSTAD Governor Communications were read and referred to the committee on Rules and Administration. COMMUNICATION FROM THE ATTORNEY GENERAL The following communication from the State Attorney General was received: March 9, 1995 The Honorable Leonard Boswell President of the Senate State Capitol L O C A L Dear President Boswell: Pursuant to Iowa Code Sections 2.32 and 475A.1, I hereby appoint James Maret, Des Moines, Polk County, to an additional term of four years as Consumer Advocate for the State of Iowa. Mr. Maret has served the State well for 14 years as Consumer Advocate. He is in important part of the leadership team of this department and has played a significant role in protecting the consumers of Iowa. I ask that the Senate give timely consideration to this appointment. Sincerely yours, THOMAS J. MILLER Attorney General Communication was received and referred to the committee on Rules and Administration. COMMUNICATION RECEIVED The following communication from the Iowa Telecommunications and Technology Commission was received: February 8, 1995 Mr. John Dwyer Secretary of the Senate State Capitol Building L O C A L Dear Mr. Dwyer: On behalf of the Iowa Telecommunications and Technology Commission, it is my pleasure to submit to the Senate for their consideration the appointment as executive director of the Iowa Telecommunications and Technology Commission, Mr. Harold M. Thompson, Johnston, Polk County, pursuant to Section 8D.4, Code of Iowa. Sincerely, ROBERT F. BAUR, Chairman Iowa Telecommunications and Technology Commission. COMMUNICATIONS FROM THE GOVERNOR The following communications from the Governor were received: March 15, 1994 Mr. John Dwyer Secretary of the Senate State Capitol Building L O C A L Dear Mr. Dwyer: Pursuant to 1995 Iowa Code Section 2.32(4), the expired appointments of Alice Jenkins and Ann Kaven to the Community Health Management Information System Governing Board are being deferred because no appropriate candidates have been found for these positions. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the expired appointments of Robert Kramme and Duane VandeHoef to the County Finance Board are being deferred because no appropriate candidates have been found for these positions. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the appointment for the expired position on the Higher Education Strategic Planning Council is being deferred. At this time, appropriate candidates are still under consideration. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the expiring appointment to the Iowa State Civil Rights Commission is being deferred because no appropriate candidate has been found for this position at this time. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the three appointments expiring 4/30/95 for the Job Service Advisory Council are being deferred at this time as it is our understanding legislation is being considered to repeal this board. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the expiring appointment to the School Budget Review Committee is being deferred because no appropriate candidate has been found for this position at this time. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the appointments expiring 4/30/95 for the Title Guaranty Division Board are being deferred at this time as it is our understanding legislation is being considered to repeal this board. ALSO: Pursuant to 1995 Iowa Code Section 2.32(4), the appointments expiring 4/30/95 for the Well Contractors Council are being withdrawn at this time because qualifications have been met according to Iowa Code Section 455B.190A.3(b)(c) and this board will be dissolved. Sincerely, TERRY E. BRANSTAD Governor HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on March 16, 1995, passed the following bill in which the concurrence of the House was asked: Senate File 158, a bill for an act to provide conformity to the definition of travel trailers. ALSO: That the House has on March 16, 1995, passed the following bills in which the concurrence of the Senate is asked: House File 139, a bill for an act relating to the disclosure of the methods used by insurance companies and nonprofit health service corporations to determine the usual and customary fees for dental care benefit coverages. This bill was read first time and passed on file. House File 186, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate File 408, by committee on Judiciary, a bill for an act establishing economic and other penalties for certain criminal activity. Read first time and placed on calendar. Senate File 409, by committee on Judiciary, a bill for an act relating to the activities of clerks of the district court, and providing additional court fees. Read first time and placed on calendar. Senate File 410, by committee on Commerce, a bill for an act relating to health care and health care coverage by establishing a health education and advocacy program, by requiring certain disclosure by providers of health care coverage, prohibiting the use of premium income for certain purposes, and establishing complaint procedures. Read first time and placed on calendar. Senate File 411, by committee on Commerce, a bill for an act relating to authorization of price regulation for utilities providing communications services. Read first time and placed on calendar. Senate File 412, by committee on Communications and Information Policy, a bill for an act relating to the Iowa communications network by making an appropriation to be used for Part III connections. Read first time and placed on calendar. Senate File 413, by committee on Natural Resources, Environment and Energy, a bill for an act relating to underground storage tanks by increasing the environmental protection charge, providing for the use of risk-based corrective action standards, expanding property transfer insurance and loan guarantees, extending the compliance date for upgrade requirements, creating marketability and innocent landowner funds and providing benefits, requiring certification of groundwater professionals and creating a penalty, requiring a study, and providing for repeals, and implementation, effective date, and retroactive applicability provisions. Read first time and placed on calendar. Senate File 414, by committee on Natural Resources, Environment and Energy, a bill for an act defining residency for the purpose of purchasing a hunting, fishing, or fur harvester license. Read first time and placed on calendar. Senate File 415, by committee on Natural Resources, Environment and Energy, a bill for an act relating to certain property interests by providing for the return of certain subsurface property rights to the surface owner and ancillary surface property rights to adjacent landowners when subsurface rights are relinquished by the person who has obtained underground natural gas storage rights. Read first time and placed on calendar. Senate File 416, by committee on Judiciary, a bill for an act relating to structured fines, establishing a civil penalty and surcharge, providing for the distribution of fines, and establishing effective and repeal dates. Read first time and placed on calendar. Senate File 417, by committee on Judiciary, a bill for an act relating to the crime of assault, by changing the elements of assault without intent but causing injury, creating the crimes of intentional assault causing injury and assault causing serious injury, and providing penalties. Read first time and placed on calendar. Senate File 418, by committee on Judiciary, a bill for an act to permit the imposition of a one-year jail term as part of the sentence of a person who is convicted of an aggravated misdemeanor or greater offense, providing for payment of costs by the state, and providing for partial payment by the offender if work release is permitted. Read first time and placed on calendar. Senate File 419, by committee on Judiciary, a bill for an act to establish a cause of action for persons who incur damages as a result of illegal drug use, providing for a rebuttable presumption, joinder of parties, a right of contribution, and temporary stays of proceedings pending criminal investigations or prosecutions. Read first time and placed on calendar. Senate File 420, by committee on Education, a bill for an act establishing school-to-work programs focusing on career pathways for students and making an appropriation. Read first time and placed on calendar. Senate File 421, by committee on Commerce, a bill for an act relating to entities and subject matter under the regulatory authority of the securities bureau of the division of insurance. Read first time and placed on calendar. Senate File 422, by committee on Local Government, a bill for an act relating to the duties of the county recorder, by transferring certain duties of the clerk of the district court relating to vital statistics and marriage, by providing for fees, by providing for other properly related matters, and providing effective dates. Read first time and placed on calendar. QUORUM CALL Senator Horn requested a non record roll call to determine that a quorum was present. The vote revealed 48 present, 2 absent and a quorum present. BILLS REFERRED TO COMMITTEE Senator Horn asked and received unanimous consent that the following bills be referred from the Regular Calendar to the committee on Ways and Means: House File 30 and Senate Files 101, 136, 260, 307, 360, 367 and 384. CONSIDERATION OF BILLS (Regular Calendar) Senate File 174 On motion of Senator Dvorsky, Senate File 174, a bill for an act relating to health facilities under the purview of the department of inspections and appeals, was taken up for consideration. Senator Dvorsky withdrew amendment S-3079 filed by him on February 28, 1995, to page 1 of the bill. Senator Dvorsky offered amendment S-3098 filed by him on March 6, 1995, to page 1 of the bill and moved its adoption. Amendment S-3098 was adopted by a voice vote. Senator Hansen offered amendment S-3081 filed by him on March 1, 1995, to page 1 of the bill and moved its adoption. Amendment S-3081 was adopted by a voice vote. Senator Dvorsky 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. 174) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 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 178 On motion of Senator Hammond, Senate File 178, a bill for an act relating to emergency medical services, was taken up for consideration. Senator Iverson asked and received unanimous consent that action on Senate File 178 be deferred. Senate File 223 On motion of Senator Hammond, Senate File 223, a bill for an act providing for notification of certain persons receiving public assistance of tax suspension provisions, 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. 223) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 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 31 On motion of Senator Halvorson, Senate File 31, a bill for an act relating to lighted headlamps and windshield wiper operation, and making a penalty applicable, with report of committee recommending amendment and passage, was taken up for consideration. Senator Halvorson offered amendment S-3086 filed by the committee on Transportation on March 1, 1995, to page 1 of the bill and moved its adoption. Amendment S-3086 was adopted by a voice vote. Senator Halvorson 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. 31) the vote was: Ayes, 24: Bennett Black Boswell Dearden Deluhery Douglas Drake Fraise Gettings Halvorson Hammond Hedge Horn Husak Jensen Judge Lundby McKean Neuhauser Redfern Rittmer Szymoniak Vilsack Zieman Nays, 26: Banks Bartz Bisignano Boettger Borlaug Connolly Dvorsky Fink Flynn Freeman Giannetto Gronstal Hansen Iverson Kibbie Kramer Lind Maddox McLaren Murphy Palmer Priebe Rensink Rife Sorensen Tinsman The bill not having received a constitutional majority was declared to have failed to pass the Senate. Senate File 141 On motion of Senator Fraise, Senate File 141, a bill for an act relating to notice for vacating and closing roads, with report of committee recommending amendment and passage, was taken up for consideration. Senator Fraise offered amendment S-3087 filed by the committee on Transportation on March 1, 1995, to page 1 of the bill. Senator Hedge asked and received unanimous consent that action on amendment S-3087 and Senate File 141 be deferred. Senate File 232 On motion of Senator Drake, Senate File 232, a bill for an act prohibiting persons under the age of eighteen from riding and prohibiting operators from allowing persons under the age of eighteen from riding on any portion of a motor vehicle unintended for use of passengers and providing a penalty, was taken up for consideration. Senator Drake offered amendment S-3097 filed by him on March 6, 1995, to page 1 of the bill and asked and received unanimous consent that action on the amendment be deferred. Senator Lind offered amendment S-3118 filed by him on March 13, 1995 to page 1 and the title page of the bill and moved its adoption. Amendent S-3118 was adopted by a voice vote. With the adoption of amendment S-3118, the Chair ruled amendment S-3097, previously deferred, out of order. Senator Deluhery asked and received unanimous consent that action on Senate File 232 be deferred. Senate File 202 On motion of Senator Hansen, Senate File 202, a bill for an act relating to public health issues, including certain birth certificates and licensing of athletic trainers, was taken up for consideration. Senator Hansen 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. 202) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 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 236 On motion of Senator Fraise, Senate File 236, a bill for an act relating to salvage and wrecked motor vehicles, 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. 236) the vote was: Ayes, 34: Bennett Bisignano Black Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Gronstal Halvorson Hansen Horn Husak Jensen Judge Kibbie Lind Lundby Neuhauser Palmer Priebe Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 16: Banks Bartz Boettger Borlaug Giannetto Hammond Hedge Iverson Kramer Maddox McKean McLaren Murphy Redfern Rensink Rife The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 141 The Senate resumed consideration of Senate File 141, a bill for an act relating to notice for vacating and closing roads, and amendment S-3087 by the committee on Transportation, previously deferred. Senator Bartz offered amendment S-3137 filed by him from the floor to amendment S-3087 and moved its adoption. Amendment S-3137 was adopted by a voice vote. Senator Fraise moved the adoption of amendment S-3087 as amended, which motion prevailed by a voice vote. 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. 141) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 Vilsack Zieman Nays, 1: Tinsman 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 247 On motion of Senator Fink, Senate File 247, a bill for an act relating to plastic garbage can liners with recycled content, was taken up for consideration. Senator Fink 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. 247) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 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 258 On motion of Senator Vilsack, Senate File 258, a bill for an act relating to the adoption of uniform fees to be charged an attorney for duplicate health care provider records, was taken up for consideration. Senator Szymoniak asked and received unanimous consent that action on Senate File 258 be deferred. Senate File 213 On motion of Senator Jensen, Senate File 213, a bill for an act relating to handicapped parking and providing a penalty, with report of committee recommending passage, was taken up for consideration. Senator Bisignano asked and received unanimous consent that action on Senate File 213 be deferred. Senate File 271 On motion of Senator Husak, Senate File 271, a bill for an act relating to the authorization of a bank office where a state bank may maintain its management and bookkeeping functions, was taken up for consideration. Senator Husak 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. 271) the vote was: Ayes, 49: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 Szymoniak Tinsman Vilsack Zieman Nays, none. Absent or not voting, 1: Sorensen The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 258 The Senate resumed consideration of Senate File 258, a bill for an act relating to the adoption of uniform fees to be charged an attorney for duplicate health care provider records, previously deferred. Senator Szymoniak offered amendment S-3138 filed by her from the floor to page 1 of the bill and moved its adoption. Amendment S-3138 was adopted by a voice vote. Senator Vilsack asked and received unanimous consent that action on Senate File 258 be deferred. CONSIDERATION OF BILL (Regular Calendar) Senate File 272 On motion of Senator Hansen, Senate File 272, a bill for an act relating to the validity of a notarial act by an officer, director, or shareholder of a corporation and providing for retroactive application, was taken up for consideration. Senator Hansen 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. 272) the vote was: Ayes, 33: Bisignano Black Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hansen Hedge Horn Husak Jensen Kibbie Kramer Lundby Maddox Murphy Palmer Redfern Sorensen Szymoniak Tinsman Vilsack Nays, 17: Banks Bartz Bennett Boettger Borlaug Hammond Iverson Judge Lind McKean McLaren Neuhauser Priebe Rensink Rife Rittmer Zieman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. BUSINESS PENDING Senate File 258 The Senate resumed consideration of Senate File 258, a bill for an act relating to the adoption of uniform fees to be charged an attorney for duplicate health care provider records, previously deferred. Senator Kibbie offered amendment S-3142 filed by Senators Kibbie and Priebe from the floor to page 1 of the bill and moved its adoption. Amendment S-3142 was adopted by a voice vote. Senator Vilsack 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. 258) the vote was: Ayes, 27: Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Judge Kibbie Murphy Neuhauser Palmer Priebe Sorensen Szymoniak Vilsack Nays, 23: Banks Bartz Bennett Boettger Borlaug Douglas Drake Freeman Hedge Iverson Jensen Kramer Lind Lundby Maddox McKean McLaren Redfern Rensink Rife Rittmer Tinsman Zieman 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 274 On motion of Senator Gronstal, Senate File 274, a bill for an act relating to the delay of the repeal for the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date, was taken up for consideration. Senator Gronstal 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. 274) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 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 283 On motion of Senator Black, Senate File 283, a bill for an act relating to the operation of all-terrain vehicles and snowmobiles on roads and applying penalties, was taken up for consideration. Senator Black offered amendment S-3139 filed by him from the floor to page 2 of the bill. Senator Black asked and received unanimous consent that action on amendment S-3139 and Senate File 283 be deferred. Senate File 285 On motion of Senator Connolly, Senate File 285, a bill for an act relating to asbestos removal by providing for accreditation of training programs and requiring training for certain asbestos abatement workers, was taken up for consideration. Senator Vilsack offered amendment S-3125 filed by him on March 14, 1995, to page 5 of the bill and moved its adoption. Amendment S-3125 was adopted by a voice vote. Senator Connolly 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. 285) the vote was: Ayes, 36: Bisignano Black Boswell Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Iverson Jensen Judge Kibbie Lundby McKean McLaren Murphy Neuhauser Neuhauser Palmer Priebe Redfern Rittmer Sorensen Szymoniak Vilsack Zieman Nays, 14: Banks Bartz Bennett Boettger Borlaug Douglas Drake Hedge Kramer Lind Maddox Rensink Rife Tinsman The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 286 On motion of Senator Hammond, Senate File 286, a bill for an act concerning workers compensation by providing for the computing of gross weekly earnings for volunteer ambulance drivers, emergency medical technician trainees, and seasonal workers, and relating to judicial review of workers compensation contested cases, was taken up for consideration. Senator Maddox offered amendment S-3143 filed by him from the floor to page 2 of the bill and moved its adoption. Amendment S-3143 was adopted by a voice vote. 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. 286) the vote was: Ayes, 47: Banks Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake Dvorsky Fink Flynn Fraise Freeman Gettings Giannetto Gronstal Halvorson Hammond Hansen Horn Husak Jensen Judge Kibbie Kramer Lind Lundby Maddox McKean McLaren Murphy Neuhauser Palmer Priebe Redfern Rensink Rife Rittmer Sorensen Szymoniak Tinsman Vilsack Zieman Nays, 3: Bartz Hedge Iverson The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senate File 298 On motion of Senator Gettings, Senate File 298, a bill for an act relating to implements of husbandry, concerning the definition of implements of husbandry, and weight restrictions for certain implements of husbandry, was taken up for consideration. Senator Gettings 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. 298) the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 Vilsack Zieman Nays, none. The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. HOUSE MESSAGES RECEIVED AND CONSIDERED The following messages were received from the Chief Clerk of the House: MR. PRESIDENT: I am directed to inform your honorable body that the House has on March 20, 1995, passed the following bills in which the concurrence of the Senate is asked: House File 36, a bill for an act relating to public water supply system fees. This bill was read first time and passed on file. House File 113, a bill for an act relating to the definition of resident for the purpose of obtaining licenses to hunt, fish, trap, or take protected species of animals. This bill was read first time and passed on file. House File 154, a bill for an act relating to the exemption of certain dentists and dental hygienists from state licensing requirements. This bill was read first time and passed on file. House File 252, a bill for an act relating to the regulation of real estate brokers and salespersons. This bill was read first time and passed on file. House File 257, a bill for an act relating to the administration of trusts and estates by corporate fiduciaries. This bill was read first time and passed on file. INTRODUCTION OF BILLS Senate File 423, by committee on Commerce, a bill for an act relating to delayed deposit services businesses and providing penalties. Read first time and placed on calendar. Senate File 424, by committee on State Government, a bill for an act relating to membership and administration of the board of the statewide police and fire retirement system and providing an effective date. Read first time and placed on calendar. Senate File 425, by committee on State Government, a bill for an act relating to gambling on excursion gambling boats and at pari-mutuel racetracks by limiting the issuance of gambling licenses on excursion gambling boats, by authorizing the commission to determine gambling games at pari-mutuel racetracks, and by providing an effective date. Read first time and placed on calendar. Senate File 426, by committee on State Government, a bill for an act creating a commission of Asian-Pacific persons within the department of human rights. Read first time and placed on calendar. Senate File 427, by committee on State Government, a bill for an act relating to authorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, and providing effective and applicability dates. Read first time and placed on calendar. Senate File 428, by committee on Judiciary, a bill for an act to provide for the reciprocal rendition of prisoners as witnesses in criminal proceedings and providing an effective date. Read first time and placed on calendar. Senate File 429, by committee on Human Resources, a bill for an act relating to advanced registered nurse practitioners by providing for coverage of services provided by such practitioners under a policy or contract providing for health care coverage. Read first time and placed on calendar. Senate File 430, by committee on Human Resources, a bill for an act relating to the time period for hearing on an application for hospitalization of a person alleged to be seriously mentally impaired. Read first time and placed on calendar. Senate File 431, by committee on Human Resources, a bill for an act relating to child support collection, including the establishment of the amount of child support required by certain parents who are nineteen years of age or younger, provisions relating to the suspension, revocation, nonissuance, and nonrenewal of certain licenses for failure to pay support, and implementation provisions. Read first time and placed on calendar. Senate File 432, by committee on Judiciary, a bill for an act relating to sexually violent predators, by providing that the place of commitment shall be under the control of the department of corrections, by requiring the state to pay the costs incurred by a county for services in sexually violent offender proceedings, and providing an effective date. Read first time and placed on calendar. Senate File 433, by committee on Human Resources, a bill for an act relating to the family investment program and related human services programs by requiring the department of human services to apply for a federal waiver regarding limited benefit plans and providing applicability provisions. Read first time and placed on calendar. CONFIRMATION OF GOVERNORS APPOINTMENTS (En Bloc Confirmation Calendar) In accordance with Senate Rule 59, Senator Horn called up the following eligible appointeees on the En Bloc Confirmation Calendar: Danny T. Foster and Dr. Mary A. Khowassah as members of the Athletic Trainer Advisory Board. Teresa A. Mock as a member of the Board of Medical Examiners. Pamela W. Vap as a member of the Community Health Management Information System Governing Board. Terrance G. Townsend as a member of the Environmental Protection Commission. Thomas G. Kunz as a member of the Iowa Seed Capital Corporation. Robert J. DeSmidt, Gilbert C. Hoogendoorn, Jean E. Oxley and Robert E. Petersen as members of the Mental Health and Developmental Disabilities Commission. Joan C. Schneider as a member of the Natural Resource Commission. Senator Horn moved that the foregoing appointees be confirmed by the Senate. On the question Shall the appointees be confirmed? the vote was: Ayes, 50: Banks Bartz Bennett Bisignano Black Boettger Borlaug Boswell Connolly Dearden Deluhery Douglas Drake 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 Vilsack Zieman Nays, none. The appointees having received a two-thirds vote were declared to have been confirmed by the Senate. HOUSE AMENDMENT CONSIDERED Senate Concurrent Resolution 15 Senator Flynn called up for consideration Senate Concurrent Resolution 15, a concurrent resolution requesting that the Congress of the United States direct the Health Care Financing Administration to establish a national policy no later than July 1, 1995, for Medicare reimbursement of telemedicine services, amended by the House, and moved that the Senate concur in House amendment S-3109 filed by March 9, 1995. The motion prevailed by a voice vote and the Senate concurred in the House amendment. Senator Flynn moved that the resolution as amended by the House and concurred in by the Senate, be adopted, which motion prevailed by a voice vote and the resolution was adopted. IMMEDIATELY MESSAGED Senator Horn asked and received unanimous consent that Senate Files 174, 202, 223, 141, 236, 247, 271, 272, 258, 274, 285, 286 and 298 be immediately messaged to the House. INTRODUCTION OF BILLS Senate File 434, by committee on Ethics, a bill for an act relating to state government ethics and lobbying, by changing the definitions of lobbyist and client, amending the ethics and campaign disclosure board complaint process, amending the two-year ban on activities by certain former state officers and employees, and making changes related to the filing of personal financial disclosure statements. Read first time and placed on calendar. Senate File 435, by committee on State Government, a bill for an act relating to the exemption of certain dentists and dental hygienists from state licensing requirements. Read first time and placed on calendar. Senate File 436, by committee on Human Resources, a bill for an act relating to the child abuse registry by providing access for purposes of certifying sex offender treatment providers, for certain publicly operated facilities or programs, and for certain purposes of public employers. Read first time and placed on calendar. Senate File 437, by committee on State Government, a bill for an act relating to the entitlement to benefits and dividends under the Iowa public employees retirement system. Read first time and placed on calendar. Senate File 438, by committee on Judiciary, a bill for an act relating to juvenile justice including notice requirements for certain hearings and authorizing associate juvenile judges to perform marriage ceremonies. Read first time and placed on calendar. Senate File 439, by committee on Judiciary, a bill for an act relating to making false reports to law enforcement agencies, making spurious calls to emergency 911 communications centers, or providing false information on citations and establishing penalties and providing a conditional effective date. Read first time and placed on calendar. Senate File 440, by committee on Judiciary, a bill for an act relating to probate including the lien period for estates which have not been administered, the amount which may be passed to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. Read first time and placed on calendar. Senate File 441, by committee on Human Resources, a bill for an act relating to payment of expenses for persons with mental retardation. Read first time and placed on calendar. Senate File 442, by committee on Judiciary, a bill for an act to prohibit the release of persons convicted of a class B forcible felony on parole or work release. Read first time and placed on calendar. Senate File 443, by committee on Judiciary, a bill for an act to prohibit assaults upon peace officers and fire fighters by providing penalties and enhancing penalties for resisting or obstructing peace officers and fire fighters who are performing their duties. Read first time and placed on calendar. Senate File 444, by committee on Judiciary, a bill for an act relating to the sentencing of criminal defendants, by requiring an assessment of risk posed by a defendant to the presentence investigations, by permitting the court to waive imposition of mandatory minimum penalties for certain drug offenders, providing for imposition of alternative sentences within the parameters of the indeterminate term established for an offense, and providing that appeal of certain sentences be by writ of certiorari. Read first time and placed on calendar. Senate File 445, by committee on Commerce, a bill for an act relating to the regulation of cemetery operators and the regulation of perpetual care cemeteries and nonperpetual care cemeteries, establishing fees and use of those fees, and providing penalties. Read first time and placed on calendar. APPENDIX COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 410 (SSB 211), a bill for an act relating to health care and health care coverage by establishing a health education and advocacy program, by requiring certain disclosure by providers of health care coverage, prohibiting the use of premium income for certain purposes, and establishing complaint procedures. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Deluhery, Hansen, Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Husak, Lundby, Palmer, Priebe and Redfern. Nays, none. Absent or not voting, 2: Jensen and Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 411 (SSB 58), a bill for an act relating to authorization of price regulation for utilities providing communications services. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 9: Deluhery, Hansen, Bisignano, Flynn, Freeman, Gronstal, Lundby, Palmer and Redfern. Nays, 4: Douglas, Gettings, Husak and Priebe. Absent or not voting, 2: Jensen and Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 421 (SSB 284), a bill for an act relating to entities and subject matter under the regulatory authority of the securities bureau of the division of insurance. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Deluhery, Hansen, Douglas, Flynn, Freeman, Gettings, Gronstal, Husak, Lundby, Palmer, Priebe and Redfern. Nays, none. Absent or not voting, 3: Jensen, Bisignano and Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. COMMUNICATIONS AND INFORMATION POLICY Final Bill Action: SENATE FILE 412 (SSB 338), a bill for an act relating to the Iowa communications network by making an appropriation to be used for Part III connections. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: Dvorsky, Deluhery, McLaren, Flynn, Hansen and Redfern. Nays, none. Absent or not voting, 1: Jensen. Fiscal Note: REQUIRED UNDER JOINT RULE 17. EDUCATION Final Bill Action: *SENATE FILE 420 (SSB 323), a bill for an act establishing a grant program to support school-to-work efforts and making an appropriation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Connolly, Kibbie, Redfern, Deluhery, Dvorsky, Fink, Hammond, Iverson, Kramer, Murphy, Neuhauser, Rensink, Szymoniak and Tinsman. Nays, none. Absent or not voting, 1: Lind. 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 420 and they were attached to the committee report. ETHICS Final Bill Action: *SENATE FILE 434 (SSB 175), a bill for an act relating to state government ethics and lobbying, by changing the definition of lobbyist, amending the ethics and campaign disclosure board complaint process, amending the two-year ban on activities by certain former state officers and employees, revising personal financial disclosure statement requirements, and making other changes related to the filing of personal financial disclosure statements. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: Husak, Neuhauser, Hedge, Drake, Gettings and McKean. 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 Ethics Committee on Senate File 434 and they were attached to the committee report. HUMAN RESOURCES Final Bill Action: SENATE FILE 429 (SSB 146), a bill for an act relating to advanced registered nurse practitioners by providing for coverage of services provided by such practitioners under a policy or contract providing for health care coverage. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Kramer and Vilsack. Nays, none. Absent or not voting, 2: Neuhauser and Tinsman. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 430 (SSB 326), a bill for an act relating to the time period for hearing on an application for hospitalization of a person alleged to be seriously mentally impaired. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Tinsman and Vilsack. Nays, none. Absent or not voting, 2: Kramer and Neuhauser, Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 431 (SSB 277.1), a bill for an act relating to child support collection, including the establishment of the amount of child support required by certain parents who are nineteen years of age or younger, provisions relating to the suspension, revocation, nonissuance, and nonrenewal of certain licenses for failure to pay support, and implementation provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Neuhauser, Tinsman and Vilsack. Nays, 2: Hansen and Kramer. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 433 (SSB 340), a bill for an act relating to the family investment program and related human services programs by requiring the department of human services to apply for a federal waiver regarding limited benefit plans and providing applicability provisions. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Kramer, Neuhauser, Tinsman and Vilsack. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 436 (SSB 294), a bill for an act relating to the child abuse registry by providing access for purposes of certifying sex offender treatment providers. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 10: Szymoniak, Hammond, Boettger, Bartz, Dvorksy, Hansen, Kramer, Neuhauser, 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 436 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 441 (SSB 337), a bill for an act relating to payment of expenses for persons with mental retardation. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 7: Szymoniak, Hammond, Boettger, Bartz, Hansen, Tinsman and Vilsack. Nays, none. Absent or not voting, 3: Dvorsky, Kramer and Neuhauser. 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 Committee on Senate File 441 and they were attached to the committee report. JUDICIARY Final Bill Action: SENATE FILE 408 (SSB 242), a bill for an act establishing economic and other penalties for certain criminal activity. Recommendation: WITHOUT RECOMMENDATION. Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 409 (SSB 307), a bill for an act relating to the activities of clerks of the district court, and providing additional court fees. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. 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 409 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 416 (SSB 330), a bill for an act relating to structured fines, establishing a civil penalty and surcharge, providing for the distribution of fines, and establishing effective and repeal dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser and Redfern. Nays, none. Absent or not voting, 2: Bisignano and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 417 (SSB 311)), a bill for an act relating to the crime of assault, by changing the elements of assault without intent but causing injury, creating the crimes of intensional assault causing injury and assault causing serious injury, and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser and Redfern. Nays, none. Absent or not voting, 2: Bisignano and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 418 (SSB 269), a bill for an act to permit the imposition of a one-year jail term as part of the sentence of a person who is convicted of an aggravated misdemeanor or greater offense, providing for payment of costs by the state, and providing for partial payment by the offender if work release is permitted. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser and Redfern. Nays, none. Absent or not voting, 2: Bisignano and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 419 (SSB 321), a bill for an act to establish a cause of action for persons who incur damages as a result of illegal drug use, providing for a rebuttable presumption, joinder of parties, a right of contribution, and temporary stays of proceedings pending criminal investigations or prosecutions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser and Redfern. Nays, none. Absent or not voting, 2: Bisignano and Szymoniak. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 428 (SSB 131), a bill for an act to provide for the reciprocal rendition of prisoners as witnesses in criminal proceedings and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 432 (SSB 270), a bill for an act relating to sexually violent predators, by providing that the place of commitment shall be under the control of the department of corrections, by requiring the state to pay the costs incurred by a county for services in sexually violent offender proceedings, and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 15: Giannetto, Vilsack, McKean, Bartz, Bisignano, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. 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 432 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 438 (SSB 132), a bill for an act relating to juvenile justice including notice requirements for certain hearings, the duties of the sheriff regarding transportation of juveniles, and authorizing associate juvenile judges to perform marriage ceremonies. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. 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 438 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 439 (formerly Senate File 211), a bill for an act relating to making false reports to law enforcement agencies, making spurious calls to emergency 911 communications centers, or providing false information on citations and establishing penalties and providing a conditional effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. 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 439 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 440 (SSB 299), a bill for an act relating to probate including the lien period for estates which have not been administered, the amount which may be pased to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 442 (formerly Senate File 133), a bill for an act to prohibit the release of persons convicted of a forcible felony on parole or work release. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 2: Bisignano and Hammond. 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 442 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 443 (formerly Senate File 86), a bill for an act to prohibit assaults upon peace officers and fire fighters by providing penalties and enhancing penalties for resisting or obstructing peace offiers and fire fighters who are performing their duties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. 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 443 and they were attached to the committee report. LOCAL GOVERNMENT Final Bill Action: *SENATE FILE 422 (SSB 312), a bill for an act relating to the duties of the county recorder, by transferring certain duties of the clerk of the district court relating to vital statistics and marriage, by providing for fees, by providing for other properly related matters, and providing effective dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 6: Sorensen, Fink, Black, Fraise, Halvorson and Rittmer. Nays, 2: Maddox and McKean. Absent or not voting, 2: 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 Local Government Committee on Senate File 422 and they were attached to the committee report. NATURAL RESOURCES, ENVIRONMENT AND ENERGY Final Bill Action: *SENATE FILE 413 (SSB 333), a bill for an act relating to underground storage tanks by increasing the environmental protection charge, providing for the use of risk-based corrective action standards, expanding property transfer insurance and loan guarantees, extending the compliance date for upgrade requirements, creating marketability and innocent landowner funds and providing benefits, requiring certification of groundwater professionals and creating a penalty, requiring a study, and providing for repeals, and implementation, effective date, and retroactive applicability provisions. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Fink, Black, Lundby, Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Judge, Kibbie, Rensink and Sorensen. Nays, none. Absent or not voting, 2: Hedge and Priebe. 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, Environment and Energy Committee on Senate File 413 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 414 (formerly Senate File 303), a bill for an act defining residency for the purpose of purchasing a hunting, fishing, or fur harvester license. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Fink, Black, Lundby, Banks, Borlaug, Dearden, Deluhery, Freeman, Gronstal, Judge, Kibbie, Rensink and Sorensen. Nays, none. Absent or not voting, 2: Hedge and Priebe. 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, Environment and Energy on Senate File 414 and they were attached to the committee report. ALSO: Final Bill Action: SENATE FILE 415 (SSB 303), a bill for an act relating to certain property interests by providing for the return of certain subsurface property rights to the surface owner and ancillary surface property rights to adjacent landowners when subsurface rights are relinquished by the person who has obtained underground natural gas storage rights. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Fink, Black, Lundby, Dearden, Deluhery, Freeman, Gronstal, Judge, Kibbie, Rensink and Sorensen. Nays, none. Absent or not voting, 4: Banks, Borlaug, Hedge or Priebe. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. STATE GOVERNMENT Final Bill Action: SENATE FILE 73, a bill for an act requiring licensure of certain social workers, providing an effective date, imposing fees, and making penalties applicable. Recommendation: AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-3134. Final Vote: Ayes, 11: Gronstal, Kibbie, Rittmer, Bisignano, Dearden, Drake, Giannetto, Halvorson, Lundby, McLaren and Sorensen. Nays, 1: Fink. Absent or not voting, 3: Bennett, Connolly and Lind. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 424 (LSB 2615), a bill for an act relating to membership and administration of the board of the statewide police and fire retirement system and providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby and Sorensen. Nays, none. Absent or not voting, 2: Lind and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 425 (SSB 336), a bill for an act relating to gambling on excursion gambling boats and at pari-mutuel racetracks by limiting the issuance of gambling licenses on excursion gambling boats, by authorizing the commission to determine gambling games at pari-mutuel racetracks, and by providing an effective date. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 8: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake and Fink. Nays, 4: Giannetto, Halvorson, McLaren and Sorensen. Pass, 1: Lundby. Absent or not voting, 2: Bennett and Lind. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 426 (SSB 231), a bill for an act creating a commission of Asian-Pacific persons within the department of human rights. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 2: Bennett and Lind. Fiscal Note: REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: SENATE FILE 427 (SSB 153), a bill for an act relating to aurhorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, and providing effective and applicability dates. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby and Sorensen. Nays, none. Absent or not voting, 2: Lind and McLaren. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 435 (SSB 67), a bill for an act relating to the exemption of certain dentists and dental hygienists from state licensing requirements. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 12: Gronstal, Kibbie, Rittmer, Bisignano, Dearden, Drake, Giannetto, Halvorson, Fink, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 3: Bennett, Connolly and Lind. 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 435 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 437 (SSB 335), a bill for an act relating to the entitlement to benefits and dividends under the Iowa public employees retirement system. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Gronstal, Kibbie, Rittmer, Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lundby, McLaren and Sorensen. Nays, none. Absent or not voting, 1: Lind. 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 437 and they were attached to the committee report. PETITIONS The following petitions were presented and placed on file by: Senator Flynn from 163 residents of Dubuque County favoring legislation to rescind the taxation of pension income for state income tax purposes. The following petitions favoring issuance of motor vehicle licenses by county treasurers were presented and placed on file by: Senator Iverson from 419 residents of Hamilton County. Senator Iverson from 272 residents of Wright County. Senator McLaren from 308 residents of Montgomery County. The following petitions favoring reestablishing funding for the Older Iowans Legislature were presented and placed on file by: Senator Dearden from 137 residents of Polk County. Senator Palmer from 79 residents of Polk County. Senator Szymoniak from 78 residents of Polk County. BILL SIGNED BY THE GOVERNOR A communication was received announcing that on March 17, 1995, the Governor approved and transmitted to the Secretary of State the following bill: SENATE JOINT RESOLUTION 12 - Authorizing the temporary use and consumption of alcoholic beverages in the State Capitol in conjunction with a buffet dinner sponsored by the Des Moines Rotary Club and featuring the State Capitol restoration and providing an effective date. STUDY BILL RECEIVED SSB 341 Ways and Means Relating to the assessment of certain long distance telephone compnaies for purposes of property taxation. SUBCOMMITTEE ASSIGNMENTS Senate File 237 WAYS AND MEANS: Murphy, Chair; Deluhery and McLaren Senate File 279 APPROPRIATIONS: Kibbie, Chair; Dvorsky and Kramer Senate File 295 WAYS AND MEANS: Murphy, Chair; Connolly and Hedge Senate File 300 WAYS AND MEANS: Palmer, Chair; Bennett and Deluhery Senate File 304 WAYS AND MEANS: Murphy, Chair; Bennett and Palmer Senate File 309 WAYS AND MEANS: Palmer, Chair; Bennett and Deluhery Senate File 316 APPROPRIATIONS: Kibbie, Chair; Dvorsky and Kramer Senate File 345 WAYS AND MEANS; Murphy, Chair; Connolly and Drake Senate File 355 COMMUNICATIONS & INFORMATION POLICY: Dvorsky, Chair; Deluhery and McLaren SSB 276 WAYS AND MEANS: Palmer, Chair; Drake and Vilsack SSB 341 WAYS AND MEANS: Palmer, Chair; Drake and Husak BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: H.F. 186 Appropriations H.F. 252 State Government COMPANION BILLS RECEIVED On March 20, 1995, House File 113 was received and attached to companion Senate File 231 on the Senate calendar. On March 20, 1995, House File 257 was received and attached to companion Senate File 273 on the Senate calendar. COMMITTEE REPORTS COMMERCE Final Bill Action: SENATE FILE 423 (SSB 225), a bill for an act relating to delayed deposit services businesses and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 13: Deluhery, Hansen, Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Husak, Lundby, Palmer, Priebe and Redfern. Nays, none. Absent or not voting, 2: Jensen and Hedge. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. ALSO: Final Bill Action: *SENATE FILE 445 (SSB 259), a bill for an act relating to the regulation of cemetery operators and the regulation of perpetual care cemeteries and nonperpetual care cemeteries, establishing fees and use of those fees, and providing penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Deluhery, Hansen, Bisignano, Douglas, Flynn, Freeman, Gettings, Gronstal, Hedge, Husak, Lundby, Palmer, Priebe and Redfern. Nays, none. Absent or not voting, 1: Jensen. 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 445 and they were attached to the committee report. JUDICIARY Final Bill Action: *SENATE FILE 444 (SSB 141), a bill for an act relating to the sentencing of criminal defendants, by requiring an assessment of risk posed by a defendant to the presentence investigations, by permitting the court to waive imposition of mandatory minimum penalties for certain drug offenders, and providing for imposition of alternative sentences within the parameters of the indeterminate term established for an offense. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. 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 444 and they were attached to the committee report. ALSO: Final Bill Action: *SENATE FILE 446 (SSB 243), a bill for an act relating to the possession or use of alcohol while operating a motor vehicle by requiring the administrative revocation of driving privileges of persons under the age of twenty-one who operate a motor vehicle with an alcohol concentration of .02 or more, denying issuance of temporary restricted licenses during the period of revocation, including the revocation under implied consent provisions, providing for civil penalties, excluding the revocation from application of certain motor vehicle financial responsibility requirements, providing for minimum periods of license revocation, providing a scheduled fine for possession of an open alcohol container while operating a motor vehicle, providing for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender, providing criminal penalties, and other related matters. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 14: Giannetto, Vilsack, McKean, Bartz, Boettger, Drake, Fraise, Hammond, Halvorson, Hansen, Maddox, Neuhauser, Redfern and Szymoniak. Nays, none. Absent or not voting, 1: Bisignano. 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 446 and they were attached to the committee report. NATURAL RESOURCES, ENVIRONMENT AND ENERGY Final Bill Action: *SENATE FILE 447 (SSB 331), a bill for an act relating to erosion occurring on the site of construction projects by providing civil penalties for violations and for the appropriation and use of the civil penalties. Recommendation: APPROVED COMMITTEE BILL. Final Vote: Ayes, 11: Fink, Black, Lundby, Banks, Borlaug, Dearden, Freeman, Gronstal, Judge, Kibbie and Rensink. Nays, 2: Deluhery and Sorensen. Absent or not voting, 2: Hedge and Priebe. 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, Environment and Energy Committee on Senate File 447 and they were attached to the committee report. INTRODUCTION OF BILLS Senate File 446, by committee on Judiciary, a bill for an act relating to the possession or use of alcohol while operating a motor vehicle by requiring the administrative revocation of driving privileges of persons under the age of twenty-one who operate a motor vehicle with an alcohol concentration of .02 or more, denying issuance of temporary restricted licenses during the period of revocation, including the revocation under implied consent provisions, providing for civil penalties, excluding the revocation from application of certain motor vehicle financial responsibility requirements, providing for minimum periods of license revocation, providing a scheduled fine for possession of an open alcohol container while operating a motor vehicle, providing for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender, providing criminal penalties, and other related matters. Read first time under Rule 28 and placed on calendar. Senate File 447, by committee on Natural Resources, Environment and Energy, a bill for an act relating to erosion occurring on the site of construction projects by providing civil penalties for violations and for the appropriation and use of the civil penalties. Read first time under Rule 28 and placed on calendar. AMENDMENTS FILED S-3134 S.F. 73 State Government S-3135 S.F. 10 Jack Rife S-3136 S.F. 375 Michael E. Gronstal S-3137 S.F. 141 Merlin E. Bartz S-3138 S.F. 258 Elaine Szymoniak S-3139 S.F. 283 Dennis Black S-3140 S.F. 232 Berl E. Priebe S-3141 S.F. 232 Berl E. Priebe S-3142 S.F. 258 John P. Kibbie Berl E. Priebe S-3143 S.F. 286 O. Gene Maddox S-3144 S.F. 178 Johnie Hammond S-3145 S.F. 290 Don E. Gettings S-3146 S.F. 290 Jim Lind Mary Lundby Richard F. Drake S-3147 S.F. 367 Merlin E. Bartz S-3148 S.F. 368 Stewart E. Iverson, Jr. Maggie Tinsman ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 5:10 p.m., until 9:00 a.m., Tuesday, March 21, 1995.
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