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THIRTY-EIGHTH CALENDAR DAY
TWENTY-THIRD SESSION DAY
Senate Chamber
Des Moines, Iowa, Wednesday, February 14, 1996
The Senate met in regular session at 9:06 a.m., President Boswell
presiding.
Prayer was offered by Father Larry Hoffman, pastor of the St.
Anthonys Church, Des Moines, Iowa.
The Journal of Tuesday, February 13, 1996, was approved.
HOUSE MESSAGE RECEIVED AND CONSIDERED
The following message was received from the Chief Clerk of the
House:
MR. PRESIDENT: I am directed to inform your honorable body that the
House has on February 13, 1996, passed the following bill in which the
concurrence of the Senate is asked:
House File 2104, a bill for an act prohibiting the release of
certain forcible felons on parole or work release, limiting the
reduction of sentence for certain forcible felons, providing for a pilot
project, and making other related changes.
This bill was read first time and passed on file.
INTRODUCTION OF BILLS
Senate File 2183, by Kramer, a bill for an act relating to a
reduction in aid to a recipient of the family investment program for
continued truancy by a recipients child, and providing a conditional
effective date.
Read first time and passed on file.
Senate File 2184, by Judge, a bill for an act relating to
livestock by establishing a council and providing for brands.
Read first time and passed on file.
Senate File 2185, by Flynn, a bill for an act providing for
maintenance and repair of out-of-state commercial vehicles and providing
an effective date.
Read first time and passed on file.
APPENDIX
STUDY BILLS RECEIVED
SSB 2180
State Government
Relating to public retirement systems, making appropriations, and
providing effective and retroactive applicability dates.
SSB 2181
Natural Resources/Environment & Energy
Relating to the issuance of deer and wild turkey nonresident
hunting licenses to certain official guests and dignitaries.
SSB 2182
Natural Resources/Environment & Energy
Relating to issuance of a certificate of title for a documented
vessel.
SSB 2183
Education
Establishing a community college funding formula, providing for
properly related matters, and an effective date.
SSB 2184
Education
Providing limited English proficiency programs in the public
schools, making an appropriation for additional funding for an increase
in the actual number of limited English proficient students, and
providing an effective and applicability date.
SSB 2185
Education
Relating to the transportation of public and nonpublic school
students and other properly related matters.
SSB 2186
Education
Providing for special motor vehicle registration plates for
education, for the transfer and appropriation of revenue from the sale
of the plates to the school budget review committee, for properly
related matters, and for an effective date.
SSB 2187
Local Government
Relating to the confirmation of appointments of marshals and chiefs
of police.
SSB 2188
Local Government
Relating to filing fees charged by county recorders and eliminating
a surcharge fee.
SSB 2189
Ways & Means
Exempting from the county property tax limitation revenues
deposited in the local emergency management fund and providing effective
and applicability dates.
SSB 2190
Ways & Means
Relating to the awarding of costs to a prevailing taxpayer in a
proceeding against the department of revenue and finance under the state
tax procedures and practices Act and providing an effective date.
SSB 2191
Ways & Means
Relating to a corporate tax credit for providing dependent care
assistance to certain employees and providing an effective and
retroactive applicability date provision.
SUPPLEMENTAL REPORT OF THE COMMITTEE
ON RULES AND ADMINISTRATION
MR. PRESIDENT: Pursuant to Senate Concurrent Resolution 3, your
committee on Rules and Administration submits the following pay changes
and effective dates of Senate employees:
Legislative Committee Secretary Laura Potter 18-1
effective 1/10/96
Legislative Secretary Juliet Bliss 17-1 to 16-1
effective 2/5/96
Legislative Secretary Carla Banks 16-2 to 17-2
effective 2/5/96
Legislative Secretary Jon Gaskell II 17-1
effective 1/26/96
Doorkeeper Kermit Tannatt 11-1
effective 1/25/96
WALLY E. HORN, Chair
REPORTS OF COMMITTEE MEETINGS
APPROPRIATIONS
Convened: February 13, 1996, 4:59 p.m.
Members Present: Murphy, Chair; Boswell, Vice Chair; Lind, Ranking
Member; Banks, Bartz, Bisignano, Black, Borlaug, Douglas, Dvorsky,
Flynn, Fraise, Gronstal, Halvorson, Hammond, Husak, Iverson, Judge,
Kibbie, Kramer, McLaren, Neuhauser, Rensink, Tinsman and Vilsack.
Members Absent: none.
Committee Business: Recommended passage of House File 2114 as amended.
Adjourned: 5:15 p.m.
COMMERCE
Convened: February 13, 1996, 4:02 p.m.
Members Present: Deluhery, Chair; Hansen, Vice Chair; Jensen, Ranking
Member; Bartz, Bisignano, Douglas, Flynn, Gettings, Hedge, Husak, Palmer
and Redfern.
Members Absent: Freeman, Gronstal and Priebe.
Committee Business: Assigned bills to subcommittees.
Adjourned: 4:05 p.m.
LOCAL GOVERNMENT
Convened: February 13, 1996, 3:56 p.m.
Members Present: Sorensen, Chair; Maddox, Ranking Member; Black, Fraise,
Halvorson, Judge, McKean and Zieman.
Members Absent: Fink, Vice Chair and Rittmer (both excused).
Committee Business: Assigned bills to subcommittees.
Adjourned: 3:58 p.m.
TRANSPORTATION
Convened: February 13, 1996, 4:15 p.m.
Members Present: Gettings, Chair; Fraise, Vice Chair; Drake, Ranking
Member; Black, Connolly, Dearden, Douglas, Fink, Halvorson, Jensen, Lind
and Rittmer.
Members Absent: none.
Committee Business: Recommended passage of Senate Concurrent Resolution
105; approved SSB 2129 as a committee bill.
Adjourned: 4:35 p.m.
COMMUNICATIONS FROM THE GOVERNOR
The following communications from the governor were presented and
placed on file during the 1995 legislative interim:
Mr. John F. 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:
Linda Hopkins, Iowa City, Johnson County, for appointment as a
member of the Accountancy Examining Board pursuant to Section 542C.3,
for a term beginning July 21, 1995, and ending April 30, 1998.
As members of the Board of Behavioral Science Examiners pursuant to
Section 147.14(13):
Dorothy A. Anderson, Des Moines, Polk County, for a term beginning
May 9, 1995, and ending April 30, 1997, and Rebecca S. Beach, Des
Moines, Polk County, for a term beginning June 22, 1995, and ending
April 30, 1996.
Donald R. Tietz, Algona, Kossuth County, for appointment as a
member of the Board of Corrections pursuant to Section 904.104 for a
term beginning August 16, 1995, and ending April 30, 1999.
As members of the Board of Physician Assistant Examiners pursuant
to Section 147.14(12):
Dr. Laine D. Dvorak, Humboldt, Humboldt County, for appointment to
a term beginning August 25, 1995, and ending April 30, 1996, and Joan L.
Skogstrom, Council Bluffs, Pottawattamie County, for reappointment to a
term beginning May 25, 1995, and ending April 30, 1997.
Susan M. Cosner, West Des Moines, Polk County, for appointment as a
member of the City Development Board pursuant to Section 368.9 for a
term beginning August 4, 1995, and ending April 30, 1997.
For appointment as members of the Commission of Veterans Affairs
pursuant to Section 35A.2:
Jerry L. Meek, Des Moines, Polk County, for a term beginning July
28, 1995, and ending April 30, 1999, and Michael A. Scheibeler,
Atlantic, Cass County, for a term beginning July 28, 1995, and ending
April 30, 1996.
Cynthia P. Snell, Ames, Story County, for appointment as a member
of the Commission on Judicial Qualifications pursuant to Section
602.2102 for a term beginning May 1, 1995, and ending April 30, 2001.
Paul R. Walther, Audubuon, Audubon County, for appointment as a
member of the Commission on the Status of Women pursuant to Section
216A.52-53 for a term beginning September 13, 1995, and ending April 30,
1998.
For appointment as members of the Community Health Management
Information System Governing Board pursuant to Section 144C.4:
Scott M. Harrison, Des Moines, Polk County, for a term beginning
May 24, 1995, and ending April 30, 1996; Susan R. Ryan, Des Moines, Polk
County, for a term beginning June 13, 1995, and ending April 30, 1998,
and Bonnie J. Steege, Independence, Buchanan County, for a term
beginning July 11, 1995, and ending April 30, 1998.
Margaret P. Guhin, Bettendorf, Scott County, for appointment as a
member of the Council on Human Services pursuant to Section 217.2 for a
term beginning January 3, 1996, and ending April 30, 1997.
For appointment as members of the County Finance Committee pursuant
to Section 333A.2:
Lumir E. Dostal, Jr., Marion, Linn County, for a term beginning
August 25, 1995, and ending April 30, 1999, and Jon P. Finney,
Keosauqua, Van Buren County, for a term beginning July 11, 1995, and
ending April 30, 1999.
Frederick M. (Ted) Stilwill, Des Moines, Polk County, for
appointment as Director of the Department of Education pursuant to
Section 256.8 for a term beginning January 23, 1996, and to serve at the
pleasure of the Governor.
Earl W. Seymour, Norwalk, Warren County, for appointment as a
member of the Employment Appeal Board pursuant to Section 10A.601 for a
term beginning July 31, 1995, and ending April 30, 1998.
Michael A. Fesler, Danville, Des Moines County, for appointment as
a member of the Environmental Protection Commission pursuant to Section
455A.6 for a term beginning May 5, 1995, and ending April 30, 1999.
For appointment as members of the First in the Nation in Education
Foundation Governing Board pursuant to Section 257A.2-3:
Dr. Thomas E. Davis, Urbandale, Polk County, for a term beginning
June 22, 1995, and ending April 30, 1999, and Frederick (Ted) M.
Stilwill, Des Moines, Polk County, for a term beginning October 2, 1995,
and ending April 30, 2000.
Iris J. Post, Des Moines, Polk County, for appointment as
Industrial Commissioner pursuant to Section 86.1 for a term beginning
January 2, 1996, and ending April 30, 1997.
Kay A. Hagen, Le Mars, Plymouth County, for appointment as a member
of the Iowa Finance Authority pursuant to Section 16.2 for a term
beginning January 3, 1996, and ending April 30, 1997.
Emil S. Pavich, Council Bluffs, Pottawattamie County, for
appointment as a member of the Iowa Railway Finance Authority pursuant
to Section 327 I.5 & 6, for a term beginning January 8, 1996, and ending
April 30, 1996.
Liz S. Nichols, Indianola, Warren County, for appointment as a
member of the Iowa State Civil Rights Commission pursuant to Section
216.3 for a term beginning May 22, 1995, and ending April 30, 1999.
Richard H. Opie, Des Moines, Polk County, for appointment as a
member and Chair of the Iowa Telecommunications and Technology
Commission pursuant to Section 8D.3(2) for a term beginning June 13,
1995, and ending April 30, 1996.
Mary A. Nelson, West Des Moines, Polk County, for appointment as a
member of the Iowa Telecommunications and Technology Commission pursuant
to Section 8D.3(2) for a term beginning June 22, 1995, and ending April
30, 1998.
Byron Orton, Altoona, Polk County, for appointment as Labor
Commissioner pursuant to Section 91.2 for a term beginning September
13, 1995, and ending April 30, 2001.
Clark A. Yeager, Ottumwa, Wapello County, for appointment as a
member of the School Budget Review Committee pursuant to Section 257.30
for a term beginning May 1, 1995, and ending April 30, 1998.
Gregory A. Forristall, Macedonia, Pottawattamie County, for
appointment as a member of the State Board of Education pursuant to
Section 256.3 for a term beginning July 11, 1995, and ending April 30,
2000.
Terri J. Gunderson, Terril, Dickinson County, for appointment as a
member of the State Board of Examiners for Nursing Home Administrators
pursuant to Section 155.2 for a term beginning January 8, 1996, and
ending April 30, 1998.
For appointment as members of the State Board of Regents pursuant
to Sections 262.1-2:
Aileen F. Mahood, Ida Grove, Ida County, for a term beginning
August 30, 1995, and ending April 30, 1997, and Marvin A. Pomerantz, Des
Moines, Polk County, for a term beginning May 9, 1995, and ending April
30, 2001.
For appointment as members of the State Judicial Nominating
Commission pursuant to Section 46.1:
John F. Bright, Keokuk, Lee County, for a term beginning May 5,
1995, and ending April 30, 2001, and Zell L. Millard, Woodbine, Harrison
County, for a term beginning August 7, 1995, and ending April 30, 1999.
Michael K. Guttau, Council Bluffs, Pottawattamie County, for
appointment as Superintendent of Banking pursuant to Section 524.201
for a term beginning September 15, 1995, and ending April 30, 1997.
As members of the Title Guaranty Division Board pursuant to Section
16.2:
Amy M. Britt, Davenport, Scott County, for appointment to a term
beginning June 29, 1995, and ending April 30, 2001; Berneil Preul,
Denison, Crawford County, for reappointment to a term beginning June 29,
1995, and ending April 30, 2001, and James A. Sattler, Cedar Rapids,
Linn County, for appointment to a term beginning May 22, 1995, and
ending April 30, 1999.
Sincerely, TERRY E. BRANSTAD Governor
Communications were referred to the committee on Rules and
Administration on 2/14/96.
EXPLANATION OF VOTES
I was necessarily absent from the Senate chamber on February 7,
1996, when the votes were taken on final passage of Senate Files 2046,
2097, 2130, 2030 and amendment S-5049 to Senate File 2138 and final
passage of Senate File 2138.
Had I been present, I would have voted aye on the above.
LEONARD BOSWELL
SUBCOMMITTEE ASSIGNMENTS
Senate File 57
HUMAN RESOURCES: Hammond, Chair; Boettger and Dvorsky
Senate File 2120
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer
and Redfern
Senate File 2147
COMMUNICATIONS & INFORMATION POLICY: Dvorsky, Chair; Flynn and McLaren
Senate File 2150
WAYS AND MEANS: Murphy, Chair; Drake, Freeman, Neuhauser and Vilsack
Senate File 2151
HUMAN RESOURCES: Hammond, Chair; Szymoniak and Tinsman
Senate File 2156
COMMERCE: Deluhery, Chair; Flynn and Redfern
Senate File 2162
COMMERCE: Gronstal, Chair; Bisignano, Freeman, Hansen, Jensen, Palmer
and Redfern
Senate File 2169
STATE GOVERNMENT: Bisignano, Chair; Fink and Lind
Senate File 2176
WAYS AND MEANS: Murphy, Chair; Connolly, Freeman, Hedge and Priebe
House File 230
(Reassignment)
COMMERCE: Gronstal, Chair; Gettings and Redfern
House File 2036
COMMERCE: Husak, Chair; Jensen and Priebe
House File 2111
WAYS AND MEANS: Palmer, Chair; Bennett, Connolly, Drake, McLaren,
Neuhauser and Vilsack
SSB 2160
LOCAL GOVERNMENT: Sorensen, Chair; Halvorson and Rittmer
SSB 2171
JUDICIARY: Neuhauser, Chair; Drake, Giannetto, Redfern and Vilsack
SSB 2172
JUDICIARY: Hansen, Chair; Bartz, Giannetto, Maddox and Vilsack
SSB 2173
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Redfern and Vilsack
SSB 2174
JUDICIARY: Bisignano, Chair; Boettger, Giannetto, Redfern and Vilsack
SSB 2175
JUDICIARY: Giannetto, Chair; Bartz, Bisignano, Drake and Vilsack
SSB 2176
JUDICIARY: Hammond, Chair; Giannetto, Maddox, Redfern and Vilsack
SSB 2177
JUDICIARY: Redfern, Chair; Giannetto, McKean, Neuhauser and Vilsack
SSB 2178
JUDICIARY: Szymoniak, Chair; Boettger, Giannetto, Maddox and Vilsack
SSB 2179
JUDICIARY: Vilsack, Chair; Bisignano, Drake, Giannetto and Maddox
SSB 2180
STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer
SSB 2181
NAT. RESOURCES, ENVIR. & ENERGY: Fink, Chair; Dearden and Lundby
SSB 2182
NAT. RESOURCES, ENVIR. & ENERGY: Kibbie, Chair; Judge and Lundby
BILLS ASSIGNED TO COMMITTEE
President Boswell announced the assignment of the following bills
to committee:
S.F. 2180 Transportation
S.F. 2181 Ways and Means
S.F. 2182 Local Government
S.F. 2183 Human Resources
S.F. 2184 Agriculture
S.F. 2185 Transportation
S.F. 2187 State Government
S.F. 2189 Local Government
S.F. 2190 Ways and Means
S.F. 2191 State Government
COMMITTEE REPORTS
COMMUNICATIONS AND INFORMATION POLICY
Final Bill Action: *SENATE FILE 2195 (SSB 2170), a bill for an act
relating to the Iowa communications network by providing for state
ownership of a Part III connection and for the connection and support of
certain Part III users, making appropriations, and providing effective
dates.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 7: Dvorsky, Deluhery, McLaren, Flynn, Hansen, Jensen
and Redfern. Nays, none.
Fiscal Note: REQUIRED UNDER JOINT RULE 17.
*Pursuant to Senate Rule 40, the Legislative Service Bureau
reported nonsubstantive changes to the members of the Communications and
Information Policy Committee on Senate File 2195 and they were attached
to the committee report.
RULES AND ADMINISTRATION
Final Bill Action: SENATE RESOLUTION 102 (LSB 4314), a resolution
relating to gubernatorial appointments requiring senate confirmation.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 7: Horn, Boswell, Bisignano, Gettings, Gronstal, Husak
and Lind. Nays, none. Absent or not voting, 2: Rife and Kramer.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
TRANSPORTATION
Final Bill Action: SENATE FILE 2186 (SSB 2129), a bill for an act
relating to transportation-related sanctions by increasing penalties for
certain offenses, providing for the issuance of temporary restricted
licenses for certain offenses, providing scheduled fines for various
violations, prohibiting certain activities of motor vehicle dealers, and
allowing the issuance of a uniform citation and complaint to a
corporation for certain violations.
Recommendation: APPROVED COMMITTEE BILL.
Final Vote: Ayes, 12: Gettings, Fraise, Drake, Black, Connolly, Dearden,
Douglas, Fink, Halvorson, Jensen, Lind and Rittmer. Nays, none.
Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17.
INTRODUCTION OF RESOLUTION
Senate Resolution 102, by committee on Rules and Administration, a
resolution relating to gubernatorial appointments requiring senate
confirmation.
Read first time under Rule 28 and placed on calendar.
INTRODUCTION OF BILLS
Senate Joint Resolution 2003, by Murphy, a joint resolution
proposing an amendment to the Constitution of the State of Iowa
eliminating the office of Secretary of State.
Read first time under Rule 28 and passed on file.
Senate File 2186, by committee on Transportation, a bill for an
act relating to transportation-related sanctions by increasing penalties
for certain offenses, providing for the issuance of temporary restricted
licenses for certain offenses, providing scheduled fines for various
violations, prohibiting certain activities of motor vehicle dealers, and
allowing the issuance of a uniform citation and complaint to a
corporation for certain violations.
Read first time under Rule 28 and placed on calendar.
Senate File 2187, by Black, a bill for an act requiring the
identification of a slot machine by affixing a percentage payout stamp.
Read first time under Rule 28 and passed on file.
Senate File 2188, by Lundby, a bill for an act relating to
alternate energy production and purchase, requiring the purchase of
eighty-nine megawatts of alternate energy, requiring consideration of a
reimbursement mechanism for good faith investment, appropriating moneys
from the general fund of the state, and requiring the use of an
alternate energy promotional rate.
Read first time under Rule 28 and passed on file.
Senate File 2189, by Lundby, a bill for an act relating to
delinquent property taxes and the time period during which a property
tax owner may redeem property sold at tax sales and providing an
effective and applicability date.
Read first time under Rule 28 and passed on file.
Senate File 2190, by Lundby, a bill for an act relating to an
exemption for the local emergency management fund for purposes of the
property tax limitation and providing effective and applicability dates.
Read first time under Rule 28 and passed on file.
Senate File 2191, by Lundby, a bill for an act requiring executive
council approval for certain state contracts.
Read first time under Rule 28 and passed on file.
Senate File 2192, by Redfern, a bill for an act providing an
exemption from motor vehicle financial responsibility security filing
requirements.
Read first time under Rule 28 and passed on file.
Senate File 2193, by McLaren, a bill for an act relating to child
support, by limiting the use of income withholding, by requiring
correction of errors in support payment records within sixty days, by
requiring a federal waiver request, and by providing effective dates.
Read first time under Rule 28 and passed on file.
Senate File 2194, by McLaren, a bill for an act prohibiting a
health care provider or other person from providing, selling, or
otherwise making available, hospital or medical records.
Read first time under Rule 28 and passed on file.
Senate File 2195, by committee on Communications and Information
Policy, a bill for an act relating to the Iowa communications network
by providing for state ownership of a Part III connection and for the
connection and support of certain Part III users, making appropriations,
and providing effective dates.
Read first time under Rule 28 and placed on calendar.
AMENDMENTS FILED
S-5059 S.F. 2170 Nancy Boettger
S-5060 S.F. 2135 Berl E. Priebe
Derryl McLaren
ADJOURNMENT
On motion of Senator Horn, the Senate adjourned at 9:16 a.m., until
9:00 a.m., Thursday, February 15, 1996.
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Index: Senate Journal (76th General Assembly: Session 2)
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