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Senate Journal: Monday, February 9, 1998

  TWENTY-NINTH CALENDAR DAY
  SEVENTEENTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Monday, February 9, 1998

  The Senate met in regular session at 11:04 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Perry Fruhling, pastor of the
  Bethany Lutheran Church, Thompson, Iowa.

  The Journal of Thursday, February 5, 1998, was approved.

  ANNOUNCEMENT OF VACANCY

  President Kramer announced that notification had been received
  from the office of Governor Branstad of the following vacancy in the
  Senate:

  District 8 - James E. Black, resignation effective January 6, 1998.

  COMMITTEE ON CREDENTIALS

  Senator Iverson moved that a committee on Credentials be
  appointed to examine and report on the election in Senate District 8.

  The motion prevailed by a voice vote and the Chair announced the
  appointment of Senators Maddox, Chair; King, Boettger, Black, and
  Horn.

  The Senate stood at ease at 11:09 a.m., until the fall of the gavel.

  The Senate resumed session at 11:13 a.m., President Kramer
  presiding.
  REPORT OF THE COMMITTEE ON CREDENTIALS

  MADAM PRESIDENT:  We, your committee on credentials, respectfully report
  that
  we find the person named in the attached copy of the certification of the
  Secretary of
  State duly elected to and entitled to a seat in the Senate for the 1998
  Session of the
  Seventy-seventh General Assembly.
  GENE MADDOX, Chair
  STEVE KING
  NANCY BOETTGER
  DENNIS H. BLACK
  WALLY HORN

  CERTIFICATION - STATE OF IOWA
  OFFICE OF THE SECRETARY OF STATE

  To the Honorable, the Secretary of Senate:

  I, PAUL PATE, Secretary of the State of Iowa; custodian of the files and
  records
  pertaining to the elections in the state, do hereby certify that the State
  Canvassing
  Board has declared that at a special election held on February 3, 1998,
  Thurman
  Gaskill was elected to fill a vacancy in the office of State Senator of the
  Eighth District,
  for the balance of the term which began on January 13, 1997.

  IN TESTIMONY WHEREOF, I have hereunto
  set my hand and affixed the official seal of the
  (SEAL)				   Secretary of State at the Statehouse, in
  Des Moines this 9th day of February, 1998.

  PAUL PATE, Secretary of State

  Senator Maddox moved the adoption of the Report of the
  Committee on Credentials, which motion prevailed by a voice vote.

  Senator Thurman Gaskill was escorted to the bar of the Senate by
  Senators Angelo and Tinsman, was duly sworn and subscribed his
  name to the oath of office.

  SELECTION OF SEATS

  Senator Iverson asked and received unanimous consent that
  Senator Angelo be assigned Seat 32 and Senator Gaskill be assigned
  Seat 1.
  INTRODUCTION OF BILLS

  Senate File 2145, by Tinsman, a bill for an act specifying that
  physicians practicing obstetrics and gynecology are to be included as
  eligible participants in the volunteer health care provider program.

  Read first time and passed on file.

  Senate File 2146, by Neuhauser, a bill for an act relating to a
  debtor's exemptions in bankruptcy.

  Read first time and passed on file.

  Senate File 2147, by Black, a bill for an act relating to the burial
  of cremated remains of a deceased individual and requiring
  registration with the county recorder.

  Read first time and passed on file.
  APPENDIX

  COMMITTEE ASSIGNMENTS

  Senator Iverson announced Senator Gaskill's assignment to the
  following committees:

  Agriculture (Vice Chair) - replacing Senator Iverson
  Education - replacing Senator Iverson
  Local Government - replacing Senator Kramer
  Natural Resources and Environment - replacing Senator McLaren
  Appropriations Subcommittee on
  Administration and Regulation - replacing Senator Iverson


  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on
  February 5, 1998, when the vote was taken on SF 2073.  Had I been present, I
  would
  have voted "aye."

  WALLY E. HORN


  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND
  REGULATION

  Convened:  February 5, 1998, 9:35 a.m.

  Members Present:  Lundby, Chair; Bartz, Vice Chair; McCoy, Ranking Member;
  Gaskill and Gettings.

  Members Absent:  None.

  Committee Business:  Tour of Department of Revenue and Finance.

  Adjourned:  11:30 a.m.

  APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES

  Convened:  February 5, 1998, 9:50 a.m.

  Members Present:  Tinsman, Chair; Boettger, Vice Chair; Hammond, Ranking
  Member; and Szymoniak.

  Members Absent:  Redwine (excused).
  Committee Business:  Recommendations of Work Group of Mental Health/Plan
  Issues.  Presentations by LFB and DHS.

  Adjourned:  11:30 a.m.

  NATURAL RESOURCES AND ENVIRONMENT

  Convened:  February 9, 1998, 1:05 p.m.

  Members Present:  Bartz, Chair; Angelo, Vice Chair; Fink, Ranking Member;
  Black,
  Borlaug, Dearden, Deluhery, Dvorsky, Freeman, Hedge, and Rehberg.

  Members Absent:  Gaskill, Iverson, Judge, and McKibben (all excused).

  Committee Business:  Bills voted to calendar.

  Adjourned:  1:25 p.m.

  INTRODUCTION OF BILLS

  Senate File 2148, by Horn and Tinsman, a bill for an act relating
  to certification of the need for minors' school licenses.

  Read first time under Rule 28 and passed on file.

  Senate File 2149, by Maddox, a bill for an act relating to the
  display of a safety flag by a boat towing a water skier.

  Read first time under Rule 28 and passed on file.

  Senate File 2150, by Maddox, a bill for an act providing coverage
  under a policy or contract providing for third-party payment or
  prepayment of health or medical expenses for the costs associated
  with equipment, supplies, and self-management educational training
  for the treatment of diabetes.

  Read first time under Rule 28 and passed on file.

  Senate File 2151, by Maddox, a bill for an act relating to political
  party county convention delegates and providing an effective date.

  Read first time under Rule 28 and passed on file.
  Senate File 2152, by Maddox, a bill for an act restricting the
  reduction in benefits under certain disability insurance coverage as a
  result of quadriplegia.

  Read first time under Rule 28 and passed on file.

  Senate File 2153, by Maddox, a bill for an act relating to
  affidavits of candidacy filed by candidates for public office.

  Read first time under Rule 28 and passed on file.

  Senate File 2154, by Tinsman, a bill for an act prohibiting
  smoking in child day care facilities and making a penalty applicable.

  Read first time under Rule 28 and passed on file.

  Senate File 2155, by Flynn, a bill for an act providing for the
  number of children receiving care under the child care home pilot
  projects and providing an effective date.

  Read first time under Rule 28 and passed on file.

  Senate File 2156, by committee on Transportation, a bill for an
  act relating to motor trucks, including weight requirements and
  transportation of hazardous materials, and providing an effective
  date.

  Read first time under Rule 28 and placed on calendar.

  STUDY BILLS RECEIVED

  SSB 2091	Agriculture

  Relating to a partial property tax exemption for value added to
  certain livestock facilities and providing an applicability date.

  SSB 2092	State Government

  Transferring responsibility for administration of enhanced 911
  public safety telephone answering and dispatching services from the
  emergency management division in the department of public defense
  to the E911 communications council.

  SSB 2093	State Government

  Providing for the conversion of the existing advisory boards for
  athletic training and massage therapy into full regulatory examining
  boards.

  SSB 2094	State Government

  Relating to the state registrar of voters.

  SSB 2095	State Government

  To provide for the appointment of a vice chairperson for the board
  of parole and providing an effective date.

  SSB 2096	Human Resources

  Relating to child support, providing penalties, and providing
  effective dates.

  SSB 2097	Commerce

  Relating to debt collection by excluding a financial institution and
  its employees from the definition of debt collector.

  SSB 2098	Commerce

  Relating to the exemption of certain multiple employer welfare
  arrangements from regulation by the insurance division and
  providing an effective date.

  SSB 2099	Commerce

  Relating to the number of bank offices which may be established
  by a bank within a municipal corporation or urban complex.
  SSB 2100	Commerce

  Relating to consumer credit contracts and the permissible fees and
  charges which may be assessed under such contracts.

  BILLS ASSIGNED TO COMMITTEE

  President Kramer announced the assignment of the following bills
  to committee:

  S.F. 2145	Human Resources
  S.F. 2146	Judiciary
  S.F. 2147	Local Government
  S.F. 2148	Transportation
  S.F. 2149	Natural Resources and Environment
  S.F. 2150	Commerce
  S.F. 2151	State Government
  S.F. 2152	Commerce
  S.F. 2153	State Government
  S.F. 2154	Human Resources
  S.F. 2155	Human Resources

  SUBCOMMITTEE ASSIGNMENTS

  Senate File 2042

  LOCAL GOVERNMENT:  Angelo, Chair; Dearden and McKean

  Senate File 2098

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM:  Lundby, Chair;
  Flynn and King

  Senate File 2099

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM:  Lundby, Chair;
  Flynn and King

  Senate File 2103

  HUMAN RESOURCES:  Bartz, Chair; Behn and Dvorsky

  Senate File 2105

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM:  King, Chair;
  McCoy and Rensink
  Senate File 2107

  HUMAN RESOURCES:  Boettger, Chair; Dearden and Tinsman

  Senate File 2118

  HUMAN RESOURCES:  Schuerer, Chair; Dvorsky and Tinsman

  Senate File 2122

  AGRICULTURE:  Rensink, Chair; McLaren and Vilsack

  Senate File 2123

  HUMAN RESOURCES:  Behn, Chair; Dearden and Tinsman

  Senate File 2129

  HUMAN RESOURCES:  Boettger, Chair; Hammond and Schuerer

  Senate File 2132

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM:  Lundby, Chair;
  King and McCoy

  Senate File 2133

  SMALL BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM:  Lundby, Chair;
  King and McCoy

  Senate File 2134

  APPROPRIATIONS:  Rehberg, Chair; Freeman, Hammond, Horn, and Tinsman

  Senate File 2142

  COMMERCE:  Rife, Chair; Flynn and Lundby

  Senate File 2143

  APPROPRIATIONS:  Borlaug, Chair; Black, Freeman, Jensen, and McCoy

  SCR 102

  HUMAN RESOURCES:  Tinsman, Chair; Boettger and Szymoniak

  SSB 2066

  HUMAN RESOURCES:  Behn, Chair; Bartz and Harper
  SSB 2081

  WAYS AND MEANS:  Borlaug, Chair; Freeman and Palmer

  SSB 2092

  STATE GOVERNMENT:  Tinsman, Chair; Halvorson and McLaren

  SSB 2093

  STATE GOVERNMENT:  Tinsman, Chair; Lundby and Szymoniak

  SSB 2094

  STATE GOVERNMENT:  Lundby, Chair; Halvorson and Tinsman

  SSB 2095

  STATE GOVERNMENT:  Drake, Chair; Borlaug and Halvorson

  SSB 2097

  COMMERCE:  Flynn, Chair; Douglas and Rife

  SSB 2098

  COMMERCE:  Schuerer, Chair; Bartz and Palmer

  SSB 2099

  COMMERCE:  Jensen, Chair; Flynn and Lundby

  SSB 2100

  COMMERCE:  Lundby, Chair; Hansen and Maddox

  COMMITTEE REPORTS

  HUMAN RESOURCES

  Final Bill Action:  SENATE CONCURRENT RESOLUTION 102, a concurrent
  resolution requesting the United States Department of Health and Human
  Services to
  revise a proposed rulemaking for implementing welfare reform and requesting
  the
  United States Congress to provide oversight.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 12:  Boettger, Redwine, Szymoniak, Bartz, Behn, Dearden,
  Dvorsky, Hammond, Harper, Rensink, Schuerer, and Tinsman.  Nays, none.
  Absent or
  not voting, 1:  Iverson.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  NATURAL RESOURCES AND ENVIRONMENT

  Final Bill Action:  SENATE FILE 2015, a bill for an act to remove cottonwood
  trees
  and cotton-bearing poplar trees in cities from a list of items deemed to be
  nuisances.

  Recommendation:  DO PASS.

  Final Vote:  Ayes, 11:  Bartz, Angelo, Fink, Black, Borlaug, Dearden,
  Deluhery,
  Dvorsky, Freeman, Hedge, and Rehberg.  Nays, none.  Absent or not voting, 4:
  Gaskill,
  Iverson, Judge, and McKibben.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.

  TRANSPORTATION

  Final Bill Action:  *SENATE FILE 2156 (SSB 2036), a bill for an act relating
  to
  motor trucks, including weight requirements and transportation of hazardous
  materials, and providing an effective date.

  Recommendation:  APPROVED COMMITTEE BILL.

  Final Vote:  Ayes, 5:  McCoy, Fraise, Freeman, Gettings, and Halvorson.
  Nays, 4:
  Drake, Borlaug, McKean, and Rittmer.  Absent or not voting, 4:  Connolly,
  Douglas,
  Jensen, and McKibben.

  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 Transportation Committee on Senate File 2156,
  and
  they were attached to the committee report.

  AMENDMENT FILED

  S-5026		S.F. 380	Elaine Szymoniak
  O. Gene Maddox

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 11:39 a.m.,
  until 9:00 a.m., Tuesday, February 10, 1998.
  238	JOURNAL OF THE SENATE	29th Day
  29th Day	MONDAY, FEBRUARY 9, 1998	237

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