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FORTY-THIRD CALENDAR DAY TWENTY-FIFTH SESSION DAY Senate Chamber Des Moines, Iowa, Monday, February 19, 1996 The Senate met in regular session at 1:29 p.m., President Boswell presiding. Prayer was offered by the Reverend Renee Mackey, pastor of the First Presbyterian Church, Missouri Valley, Iowa. The Journal of Thursday, February 15, 1996, was approved. LEAVES OF ABSENCE Leaves of absence were granted as follows: Senator McLaren for the week and Senator Jensen until he arrives on request of Senator Rife, and Senator Black for the week on request of Senator Horn. SPECIAL GUESTS Senator Horn presented Iowa State University football coach Dan McCarney and Iowa States all-American tailback Troy Davis. Troy is a sophomore from Miami and finished fifth in voting for the Heisman Trophy and was a consensus all-American. He led the nation in rushing with 2,010 yards and was recently named to the Walter Camp all-America team. Coach McCarney and Troy both briefly addressed the Senate. INTRODUCTION OF RESOLUTION Senate Concurrent Resolution 106, by Freeman, a senate concurrent resolution commemorating the veterans of the United States armed forces who fought and won the Battle of the Bulge during World War II. Read first time and passed on file. INTRODUCTION OF BILLS Senate File 2220, by Judge, a bill for an act relating to environmental protection and public health, by providing for the regulation of animal feeding operations, including confinement swine feeding operations, and the application of manure, including regulation by the department of natural resources and other entities, providing for the applicability of certain provisions, providing for the applicability of penalties, and providing for an effective date. Read first time and passed on file. Senate File 2221, by Fink, a bill for an act relating to alternate energy production and purchasing requirements, and providing an applicability provision and an effective date. Read first time and passed on file. Senate File 2222, by Lundby, a bill for an act relating to tinted windows, providing for issuance of a light-sensitive disorder permit, and increasing penalties. Read first time and passed on file. Senate File 2223, by Iverson, a bill for an act providing for agricultural drainage regulation, and providing penalties. Read first time and passed on file. Senate File 2224, by Iverson and Judge, a bill for an act relating to veterans of the United States armed forces, by changing eligibility for veteran benefits, preferences, and tax exemptions, by providing for the administration of veteran benefits, providing a penalty, and by providing for other properly related matters. Read first time and passed on file. Senate File 2225, by Flynn, a bill for an act requiring that videotapes produced by state government be closed-captioned. Read first time and passed on file. Senate File 2226, by Flynn, a bill for an act providing that a school of postsecondary instruction shall not grant a degree to a student without the successful completion by the student of a program of study and establishing a penalty. Read first time and passed on file. 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 February 15, 1996, adopted the following resolutions in which the concurrence of the Senate is asked: House Concurrent Resolution 109, a concurrent resolution designating June 15, 1996, as the day to celebrate the ending of slavery and to recognize the worth and value of all people. This resolution was read first time and passed on file. House Concurrent Resolution 111, a house concurrent resolution supporting Iowa military personnel in the Bosnian peacekeeping mission. This resolution was read first time and passed on file. CONSIDERATION OF BILL (Regular Calendar) Senate File 2154 On motion of Senator Bisignano, Senate File 2154, a bill for an act increasing the penalties for certain offenses involving methamphetamine, was taken up for consideration. The Senate stood at ease at 1:50 p.m. until the fall of the gavel. The Senate resumed session at 2:00 p.m., President Boswell presiding. BUSINESS PENDING Senate File 2154 The Senate resumed consideration of Senate File 2154. Senator Bisignano withdrew amendment S-5082 filed by him from the floor to page 1 of the bill. Senator Bisignano offered amendment S-5083 filed by him from the floor to page 1 of the bill and moved its adoption. Amendment S-5083 was adopted by a voice vote. Senator Maddox asked and received unanimous consent that action on Senate File 2154 be deferred. MOTION TO RECONSIDER WITHDRAWN Senate File 259 Senator Halvorson withdrew the motion to reconsider Senate File 259, a bill for an act relating to the practice of mortuary science, cremation, and licensing of funeral establishments and providing penalties, filed by him on February 1, 1996, and found on page 215 of the Senate Journal. Senator Horn asked and received unanimous consent that Senate File 259 be immediately messaged to the House. INTRODUCTION OF BILL Senate File 2227, by Banks, a bill for an act making an appropriation to the department of agriculture and land stewardship for agricultural promotion. Read first time and passed on file. APPENDIX REPORTS OF COMMITTEE MEETINGS AGRICULTURE Convened: February 15, 1996, 8:35 a.m. Members Present: Priebe, Chair; Judge, Vice Chair; Banks, Ranking Member; Black, Boswell, Fraise, Giannetto, Hedge, Lundby, Palmer and Zieman. Members Absent: Douglas, Husak, McLaren and Sorensen (all excused). Committee Business: Approved SSBs 2192 and 2154 as committee bills. Adjourned: 8:44 a.m. STATE GOVERNMENT Convened: February 14, 1996, 3:38 p.m. Members Present: Gronstal, Chair; Kibbie, Vice Chair; Rittmer, Ranking Member; Bennett, Bisignano, Connolly, Dearden, Drake, Fink, Giannetto, Halvorson, Lind, Lundby, McLaren and Sorensen. Members Absent: none. Committee Business: Assigned bills to subcommittees; discussed and deferred action on SSB 2180. Adjourned: 4:33 p.m. APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: February 15, 1996, 10:15 a.m. Members Present: Judge, Chair; Bartz, Ranking Member and Lundby. Members Absent: Sorensen, Vice Chair and Horn (both excused). Committee Business: Health care facility report from the department of inspection and appeals. Adjourned: 10:50 a.m. APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: February 15, 1996, 10:20 a.m. Members Present: Black, Chair; Priebe, Vice Chair; Bennett and Gettings. Members Absent: Banks, Ranking Member (excused). Committee Business: Presentation by the parks division administrator of the department of natural resources. Adjourned: 11:40 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: February 15, 1996, 10:14 a.m. Members Present: Kibbie, Chair; Fink and Freeman. Members Absent: Connolly, Vice Chair and Kramer, Ranking Member (both excused). Committee Business: Budget presentation by the governors office; presentations from representatives of Iowa state university, university of northern Iowa and the university of Iowa. Adjourned: 11:48 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: February 15, 1996, 10:22 a.m. Members Present: Flynn, Chair; Giannetto, Vice Chair; Rensink, Ranking Member, Boettger and Dearden. Members Absent: none. Committee Business: Presentation and discussion of spreadsheet and bill. Adjourned: 11:42 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: February 15, 1996, 10:15 a.m. Members Present: Hammond, Chair; Szymoniak, Vice Chair; Tinsman, Ranking Member and Deluhery. Members Absent: Rittmer. Committee Business: Presentations by I.S.U. extension, lucas county and rock valley RCF/FMRs, and Toledo and Eldora training schools. Adjourned: 12:00 noon. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT, AUDIT AND GOVERNMENT REFORM Convened: February 15, 1996, 10:15 a.m. Members Present: Neuhauser, Chair; Gronstal, Vice Chair and Maddox. Members Absent: McLaren, Ranking Member and Boswell (both excused). Committee Business: Presentation by representatives of the Iowa area education agencies. Adjourned: 11:30 a.m. STUDY BILLS RECEIVED SSB 2205 Local Government Relating to eligibility of persons for county general assistance. SSB 2006 Local Government Providing requirements for implementation of new or revised federal block grant provisions which affect local governments and providing an effective date and applicability provision. SSB 2207 Local Government Relating to the financial procedures of counties, cities, and drainage districts, by amending the powers and duties of county treasurers, by eliminating the filing of late claims for property credits, by striking personal property tax credits of military veterans, by striking outdated property tax limitations, by providing for properly related matters, and by providing an applicability date. SSB 2208 Local Government Relating to the joint financing of public works and facilities. SSB 2209 State Government Relating to foreign and domestic business corporations by amending certain reporting and filing requirements and procedures and establishing fees. SSB 2210 State Government Relating to the department of general services, by providing for the sale of disposal of unwanted state personal property for the terms and conditions of state lease-purchase agreements, and by establishing a monument maintenance account. SSB 2211 State Government Concerning determinations of job-related disease for purposes of disability and death benefit determinations under the statewide fire and police retirement system. SSB 2212 Transportation Making transportation-related Code changes including providing for a temporary registration permit, increasing registration fees for certain trailers, and providing and effective date. SSB 2213 Agriculture Relating to soil and water conservation, by providing for the powers and duties of commissions of soil and water conservation districts, and soil and water conservation practices. SSB 2214 Agriculture Providing for the selection and tenure of the executive director of the agricultural development authority. SSB 2215 Education Relating to a cash reserve levy for merged areas and providing for properly related matters. SSB 2216 Education Relating to immunity from assault charges for the use of force by a person to stop a fight or disturbance at a school or school function, defining truancy as a delinquent act in certain cases and providing a penalty, establishing a penalty for providing aid, support, or shelter to a runaway or truant, and providing for civil penalties for truancy an the loss of a drivers license for truancy. SSB 2217 Business & Labor Relating to the components of the unemployment insurance system concerning the job service advisory council, voluntary income tax withholding from unemployment benefit, relieving certain employers from certain unemployment insurance charges, collection of unemployment compensation benefits through misrepresentation, definitions of employment and wages for members of limited liability companies, and unemployment insurance tax liability for corporate officers, and providing an effective and applicability date. SSB 2218 Local Government Relating to payments by counties and certain defendants of the fees and expenses received by a county medical examiner in investigating a persons death. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 2003 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen Senate File 2181 WAYS AND MEANS: Murphy, Chair; Connolly and Hedge Senate File 2187 STATE GOVERNMENT: Bisignano, Chair; Fink and Lind Senate File 2190 WAYS AND MEANS: Neuhauser, Chair; Deluhery and Freeman Senate File 2191 STATE GOVERNMENT: Gronstal, Chair; Drake and Sorensen Senate File 2192 TRANSPORTATION: Connolly, Chair; Douglas and Halvorson SSB 2187 LOCAL GOVERNMENT: Fink, Chair; Judge and McKean SSB 2188 LOCAL GOVERNMENT: Sorensen, Chair; Halvorson and Rittmer SSB 2190 WAYS AND MEANS: Vilsack, Chair; Connolly and Drake SSB 2196 JUDICIARY: Maddox, Chair; Bisignano, Boettger, Giannetto and Vilsack SSB 2197 JUDICIARY: Hammond, Chair; Boettger, Giannetto, Maddox and Vilsack SSB 2198 JUDICIARY: Bisignano, Chair; Bartz, Giannetto, Maddox and Vilsack SSB 2199 HUMAN RESOURCES: Szymoniak, Chair; Bartz and Dvorsky SSB 2205 LOCAL GOVERNMENT: Judge, Chair; McKean and Sorensen SSB 2206 LOCAL GOVERNMENT: Judge, Chair; McKean and Sorensen SSB 2207 LOCAL GOVERNMENT: Fraise, Chair; Maddox and Sorensen SSB 2208 LOCAL GOVERNMENT: Fink, Chair; Sorensen and Zieman SSB 2209 STATE GOVERNMENT: Gronstal, Chair; Dearden, Drake, Kibbie and Rittmer SSB 2210 STATE GOVERNMENT: Fink, Chair; Dearden and McLaren SSB 2211 STATE GOVERNMENT: Kibbie, Chair; Gronstal, Halvorson, Lundby and Rittmer SSB 2212 TRANSPORTATION: Gettings, Chair; Drake and Fink SSB 2213 AGRICULTURE: Fraise, Chair; Douglas and Judge SSB 2214 AGRICULTURE: Black, Chair; Banks and Priebe BILLS ASSIGNED TO COMMITTEE President Boswell announced the assignment of the following bills to committee: S.F. 2220 Natural Res., Environ. & Energy S.F. 2221 Natural Res., Environ. & Energy S.F. 2222 Transportation S.F. 2223 Natural Res., Environ. & Energy S.F. 2224 State Government S.F. 2225 State Government S.F. 2226 Education S.F. 2227 Appropriations S.C.R. 106 Rules & Administration S.J.R. 2004 State Government H.F. 2181 Human Resources H.C.R. 109 Human Resources H.C.R. 111 Rules & Administration SUBCOMMITTEE ASSIGNMENTS FOR APPOINTMENTS TO BOARDS AND COMMISSIONS In accordance with Senate Rule 59, the following senators were appointed to subcommittees of standing committees on February 19, 1996, to investigate the appointment and reappointment of the following governors appointees: BUSINESS AND LABOR As a member of the Employment Appeal Board: EARL W. SEYMOUR: Dearden, Chair; Maddox and Iverson As Industrial Commissioner: IRIS J. POST: Giannetto, Chair; Freeman and Banks As Labor Commissioner: BYRON ORTON: Gettings, Chair; Iverson and Freeman COMMERCE As members of the Title Guaranty Division Board: AMY M. BRITT: Deluhery, Chair; Douglas and Redfern BERNEIL PREUL: Hansen, Chair; Bartz and Priebe JAMES A. SATTLER: Freeman, Chair; Gettings and Husak As Superintendent of Banking: MICHAEL K. GUTTAU: Gronstal, Chair; Deluhery and Jensen COMMUNICATIONS AND INFORMATION POLICY As a member of the Iowa Telecommunications and Technology Commission: MARY A. NELSON: Flynn, Chair; Hansen and Redfern As a member and Chair of the Iowa Telecommunications and Technology Commission: Richard H. Opie: Dvorsky, Chair; Deluhery and McLaren EDUCATION As Director of the Department of Education: FREDERICK (TED) M. STILWILL: Connolly, Chair; Kibbie and Redfern As members of the First in the Nation in Education Foundation Governing Board: THOMAS E. DAVIS: Szymoniak, Chair; Hammond and Kramer FREDERICK (TED) M. STILWILL: Connolly, Chair; Kibbie and Redfern As a member of the State Board of Education: GREGORY A. FORRISTALL: Kibbie, Chair; Neuhauser and Rensink As members of the State Board of Regents: AILEEN F. MAHOOD: Neuhauser, Chair; Hammond and Redfern MARVIN A. POMERANTZ: Connolly, Chair; Deluhery and Kramer As a member of the School Budget Review Committee: CLARK A. YEAGER: Dvorsky, Chair; Fink and Tinsman HUMAN RESOURCES As members of the Board of Behavioral Science Examiners: DOROTHY A. ANDERSON: Boettger, Chair; Hansen and Dvorsky REBECCA S. BEACH: Hammond, Chair; Tinsman and Vilsack As members of the Board of Physician Assistant Examiners: DR. LAINE D. DVORAK: Bartz, Chair; Hansen and Hammond JOAN L. SKOGSTROM: Boettger, Chair; Szymoniak and Vilsack As a member of the Commission on the Status of Women: PAUL R. WALTHER: Tinsman, Chair; Vilsack and Hansen As members of the Community Health Management Information System Governing Board: SCOTT M. HARRISON: Tinsman, Chair; Szymoniak and Hammond SUSAN R. RYAN: Bartz, Chair; Neuhauser and Hammond BONNIE J. STEEGE: Boettger, Chair; Neuhauser and Dvorsky As a member of the Council on Human Services: MARGARET P. GUHIN: Tinsman, Chair; Vilsack and Neuhauser JUDICIARY As a member of the Board of Corrections: DONALD R. TIETZ: Giannetto, Chair; Drake and Bisignano As a member of the Commission on Judicial Qualifications: CYNTHIA P. SNELL: Hammond, Chair; McKean and Giannetto As a member of the Iowa State Civil Rights Commission: LIZ S. NICHOLS: Redfern, Chair; Giannetto and Bisignano As members of the State Judicial Nominating Commission: JOHN F. BRIGHT: Vilsack, Chair; Fraise and Redfern ZELL L. MILLARD: Boettger, Chair; Giannetto and Fraise LOCAL GOVERNMENT As a member of the City Development Board: SUSAN M. COSNER: Maddox, Chair; Halvorson and Fraise As members of the County Finance Committee: JON P. FINNEY: Fraise, Chair; Sorensen and Zieman LUMIR E. DOSTAL, JR.: McKean, Chair; Judge and Fink NATURAL RESOURCES, ENVIRONMENT AND ENERGY As a member of the Environmental Protection Commission: MICHAEL A. FESLER: Black, Chair; Dearden and Rensink STATE GOVERNMENT As a member of the Accountancy Examining Board: LINDA HOPKINS: Lundby, Chair; Gronstal and Fink As members of the Commission of Veterans Affairs: JERRY L. MEEK: Rittmer, Chair; Halvorson and Sorensen MICHAEL A. SCHEIBELER: McLaren, Chair; Gronstal and Kibbie As a member of the State Board of Examiners for Nursing Home Administrators: TERRI J. GUNDERSON: Kibbie, Chair; Gronstal and Drake WAYS AND MEANS As a member of the Iowa Finance Authority: KAY A. HAGEN: Freeman, Chair; Priebe and Iverson As a member of the Iowa Railway Finance Authority: EMIL S. PAVICH: Husak, Chair; Deluhery and Hedge INTRODUCTION OF BILLS Senate File 2228, by Banks, a bill for an act relating to the distance between axles for special mobile equipment. Read first time under Rule 28 and passed on file. Senate File 2229, by Hammond, a bill for an act relating to juvenile emergency shelter care. Read first time under Rule 28 and passed on file. Senate File 2230, by Deluhery, a bill for an act relating to definitions, reporting, and remittance guidelines concerning the disposition of unclaimed property. Read first time under Rule 28 and passed on file. AMENDMENTS FILED S-5081 S.F. 482 Berl E. Priebe John P. Kibbie S-5082 S.F. 2154 Tony Bisignano S-5083 S.F. 2154 Tony Bisignano S-5084 S.F. 2173 Mary Neuhauser ADJOURNMENT On motion of Senator Horn, the Senate adjourned at 2:15 p.m., until 9:00 a.m., Tuesday, February 20, 1996.
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