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Senate Journal: Monday, February 19, 1996

                            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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