Senate Journal: Thursday, April 2, 1998

  EIGHTY-FIRST CALENDAR DAY
  FORTY-EIGHTH SESSION DAY

  Senate Chamber
  Des Moines, Iowa, Thursday, April 2, 1998

  The Senate met in regular session at 9:08 a.m., President Kramer
  presiding.

  Prayer was offered by the Reverend Lindsay Watkins, pastor of the
  Trinity Lutheran Church, Boone, Iowa.

  The Journal of Wednesday, April 1, 1998, was approved.

  ADOPTION OF RESOLUTION
  (Regular Calendar)

  Senator Iverson called up for consideration Senate Resolution 106.

  1                                              SENATE RESOLUTION 106
  2                       BY SZYMONIAK, KRAMER, IVERSON, and GRONSTAL
  3  A Senate Resolution honoring Sergeant-at-Arms William
  4     L. Krieg and his wife Ruth on their fiftieth wedding
  5     anniversary.
  6     WHEREAS, William L. (Bill) Krieg is completing his
  7  tenth legislative session as an employee of the
  8  Senate, serving as the Senate Sergeant-at-Arms; and
  9     WHEREAS, Sergeant-at-Arms Krieg has served
  10  faithfully in the Senate over those years, performing
  11  the most essential tasks of maintaining order in the
  12  Senate, carrying out the directives of the presiding
  13  officer of the Senate, and supervising the Senate's
  14  high school pages; and
  15     WHEREAS, Sergeant-at-Arms Krieg and his wife Ruth
  16  will celebrate their fiftieth wedding anniversary on
  17  April 4, 1998; NOW THEREFORE,
  18     BE IT RESOLVED BY THE SENATE, That the Senate
  19  expresses its warmest congratulations to Sergeant-at-
  20  Arms Bill Krieg and his wife Ruth on their fiftieth
  21  wedding anniversary and wishes them the very best in
  22  the years ahead; and
  23     BE IT FURTHER RESOLVED, That an official copy of
  24  this Resolution be prepared and presented to Sergeant-
  25  at-Arms Bill Krieg and his wife Ruth.

  Senator Szymoniak moved the adoption of Senate Resolution 106,
  which motion prevailed by a voice vote.

  Senator Szymoniak presented Bill Krieg, Senate Sergeant-at-
  Arms, who introduced his wife Ruth, son John, and daughter-in-law
  Patty, who were present on the Senate floor.

  Mr. Krieg addressed the Senate with brief remarks and the Senate
  rose in honor of the Kriegs.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Palmer until his arrival, on request of Senator Horn.

  CONSIDERATION OF BILL
  (Appropriations Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Joint Resolution 2001.

  Senate Joint Resolution 2001

  On motion of Senator Jensen, Senate Joint Resolution 2001, a joint
  resolution relating to the interior renovation of the state capitol and
  requiring that certain portions be accessible to persons with
  disabilities, consistent with federal requirements by the year 2002,
  with report of committee recommending amendment and passage,
  was taken up for consideration.

  Senator Jensen offered amendment S-5428, filed by the committee on
  Appropriations on March 30, 1998, to page 1 of the bill and moved its
  adoption.

  Amendment S-5428 was adopted by a voice vote.
  Senator Jensen 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.J.R. 2001), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black	
  Boettger	Borlaug	Connolly	Dearden	
  Deluhery	Douglas	Drake	Fink	
  Flynn	Fraise	Freeman	Gaskill	
  Gettings	Gronstal	Halvorson	Hammond	
  Hansen	Harper	Hedge	Horn	
  Iverson	Jensen	Judge	Kibbie	
  King	Kramer	Lundby	Maddox	
  McCoy	McKean	McKibben	McLaren	
  Neuhauser	Redfern	Redwine	Rehberg	
  Rensink	Rife	Rittmer	Schuerer	
  Szymoniak	Tinsman	Vilsack	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Dvorsky	Palmer	

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  CONSIDERATION OF BILL
  (Ways and Means Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate Joint Resolution 2004.

  Senate Joint Resolution 2004

  On motion of Senator McKibben, Senate Joint Resolution 2004, a
  joint resolution proposing amendments to the Constitution of the
  State of Iowa relating to the state budget by limiting state general
  fund expenditures and restricting certain state tax revenue changes,
  was taken up for consideration.

  Senator Hedge took the chair at 9:41 a.m.
  The Senate stood at ease at 9:53 a.m. until the fall of the gavel for
  the purpose of party caucuses.

  The Senate resumed session at 11:06 a.m., President pro tempore
  Redfern presiding.

  QUORUM CALL

  Senator Iverson requested a non-record roll call to determine that
  a quorum was present.

  The vote revealed 39 present, 11 absent, and a quorum present.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 1, 1998, amended and passed the following bills in which
  the
  concurrence of the Senate is asked:

  Senate File 347, a bill for an act relating to the disposal of public
  nuisances seized by the department of natural resources (S-5487).

  Senate File 2066, a bill for an act relating to child support for a
  child completing high school graduation or equivalency requirements
  (S-5485).

  Senate File 2330, a bill for an act relating to the filing of civil
  litigation by prisoners and providing an effective date (S-5486).

  Senate File 2378, a bill for an act relating to real estate titles
  involving bankruptcy (S-5484).

  Senate File 2400, a bill for an act relating to the powers and
  duties of county treasurers and including an applicability date
  provision (S-5483).

  ALSO:  That the House has on April 1, 1998, amended and adopted the
  following
  resolution in which the concurrence of the Senate is asked:
  Senate Joint Resolution 9,  a joint resolution proposing an
  amendment to the Constitution of the State of Iowa relating to the
  qualifications of electors (S-5488).

  ALSO:  That the House has on April 1, 1998, passed the following bill in
  which the
  concurrence of the Senate is asked:

  House File 2498, a bill for an act relating to and making
  appropriations to certain state departments, agencies, funds, and
  certain other entities, providing for regulatory authority, and other
  properly related matters.

  Read first time and referred to committee on Appropriations.

  ALSO:  That the House has on April 2, 1998, amended and passed the following
  bill
  in which the concurrence of the Senate is asked:

  Senate File 2329, a bill for an act expanding the compensation
  available from the crime victim compensation program to victims of
  crime and their families (S-5489).

  ALSO:  That the House has on April 2, 1998, passed the following bills in
  which the
  concurrence of the Senate is asked:

  House File 2541, a bill for an act relating to the use tax
  exemption for vehicles used substantially in interstate commerce.

  Read first time and referred to committee on Ways and Means.

  House File 2542, a bill for an act regulating bulk dry animal
  nutrient products, providing for fees and an appropriation, providing
  penalties, and providing for an effective date.

  Read first time and referred to committee on Ways and Means.

  ALSO:  That the House has on April 2, 1998, passed the following bills in
  which the
  concurrence of the House was asked:

  Senate File 2170, a bill for an act relating to licensing sanctions
  against individuals who default on debt owed to or collected by the
  college student aid commission.
  Senate File 2186, a bill for an act relating to the validity and
  enforceability in Iowa of an advance directive document executed by a
  veteran of the armed forces.

  RECESS

  On motion of Senator Iverson, the Senate recessed at 11:11 a.m.,
  until 1:00 p.m.
  APPENDIX

  CERTIFICATES OF RECOGNITION

  The Secretary of the Senate issued the following certificates of
  recognition:

  Leo Beauchamp, Washington - For his dedicated service as a lobbyist for the
  Iowa
  Firemen's Association.  Senator Douglas (3/31/98).

  Nick Collison, Iowa Falls - For being named the player of the year in Class
  2A by
  the Iowa Basketball Coaches Association.  Also, for being named as first
  team, all-state
  Class 2A basketball player.  Senator Iverson (4/1/98).

  Michael Linderman, Iowa Falls - For being named as second team, all-state
  Class
  2A basketball player.  Senator Iverson (4/1/98).

  Prentice Lofstedt, Iowa Falls - For being named as first team, all-state
  Class 2A
  basketball player.  Senator Iverson (4/1/98).

  Marcy Machacek, Alburnett - For being named "Iowa Mother of the Year."
  Senator
  Rehberg (3/31/98).

  John and Romona Muse, West Des Moines - For celebrating their 50th wedding
  anniversary.  Senator Szymoniak (4/4/98).

  PLACEMENTS ON
  INDIVIDUAL CONFIRMATION CALENDAR

  MADAM PRESIDENT:  Pursuant to Senate Rule 59, I hereby request that the
  name of Jack J. Dack, as the Commandant of the Iowa Veterans Home, be
  removed
  from the "En Bloc Confirmation Calendar" and placed on the "Individual
  Confirmation
  Calendar."

  TOM FLYNN

  MADAM PRESIDENT:  Pursuant to Senate Rule 59, I hereby request that the
  name of Charles W. Larson, to the Board of Parole, be removed from the "En
  Bloc
  Confirmation Calendar" and placed on the "Individual Confirmation Calendar."

  ROBERT E. DVORSKY

  AMENDMENTS FILED

  S-5481		H.F. 2530	Robert E. Dvorsky
  S-5482		H.F. 2530	Robert E. Dvorsky
  S-5483		S.F. 2400	House
  S-5484		S.F. 2378	House
  S-5485		S.F. 2066	House
  S-5486		S.F. 2330	House
  S-5487		S.F. 347	House
  S-5488		S.J.R. 9		House
  S-5489		S.F. 2329	House
  S-5490		S.J.R. 2004	Tom Vilsack
  AFTERNOON SESSION

  The Senate reconvened at 1:54 p.m., President pro tempore
  Redfern presiding.

  QUORUM CALL

  Senator Iverson requested a non-record roll call to determine that
  a quorum was present.

  President Kramer took the chair at 2:04 p.m.

  The vote revealed 37 present, 13 absent, and a quorum present.

  PRESENTATION OF VISITORS

  Senator Iverson welcomed the Honorable Dan Petersen, former
  member of the House from Muscatine County, Muscatine, Iowa.

  The Chair welcomed thirty-two fifth grade students from Cody
  Elementary School, Pleasant Valley, Iowa, accompanied by Sonia
  Vogel, Dave Langtimn, and Todd Hawley, who were present in the
  Senate gallery.  Senators Rittmer and Tinsman.

  The Chair welcomed fifth grade students from Jensen Elementary
  School, Urbandale, Iowa, accompanied by Meredith Smith, who were
  present in the Senate gallery.  Senator Maddox.

  BUSINESS PENDING

  Senate Joint Resolution 2004

  The Senate resumed consideration of Senate Joint Resolution
  2004, a joint resolution proposing amendments to the Constitution of
  the State of Iowa relating to the state budget by limiting state
  general fund expenditures and restricting certain state tax revenue
  changes, previously deferred.

  Senator Vilsack offered amendment S-5490, filed by him from the
  floor to pages 3 and 4 of the bill, moved its adoption, and requested a
  record roll call.
  On the question "Shall amendment S-5490 be adopted?"
  (S.J.R. 2004), the vote was:

  Ayes, 21:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	Neuhauser	Palmer	Szymoniak
  Vilsack	

  Nays, 28:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Douglas	Drake	Freeman
  Gaskill	Hedge	Iverson	Jensen
  King	Kramer	Lundby	Maddox
  McKean	McKibben	McLaren	Redfern
  Redwine	Rehberg	Rensink	Rife
  Rittmer	Schuerer	Tinsman	Zieman	

  Absent or not voting, 1:

  McCoy			

  Amendment S-5490 lost.

  PRESENTATION OF VISITORS

  The Chair welcomed fifth and sixth grade students from
  Maquoketa Valley School, Delhi, Iowa, accompanied by Kathy
  Jurgens, Claudia Keith, and Marty Tumey.  Senator Flynn.

  BUSINESS PENDING

  Senate Joint Resolution 2004

  The Senate resumed consideration of Senate Joint Resolution
  2004.

  Senator Vilsack offered amendment S-5493, filed by him from the
  floor to pages 3 and 4 of the bill, moved its adoption, and requested a
  record roll call.
  On the question "Shall amendment S-5493 be adopted?"
  (S.J.R. 2004), the vote was:

  Ayes, 22:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Fink	Flynn	Fraise
  Gettings	Gronstal	Halvorson	Hammond
  Hansen	Harper	Horn	Judge
  Kibbie	McCoy	Neuhauser	Palmer
  Szymoniak	Vilsack	

  Nays, 27:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Douglas	Drake	Freeman
  Gaskill	Hedge	Iverson	Jensen
  King	Kramer	Lundby	Maddox
  McKean	McKibben	McLaren	Redfern
  Redwine	Rehberg	Rensink	Rittmer
  Schuerer	Tinsman	Zieman	

  Absent or not voting, 1:

  Rife			

  Amendment S-5493 lost.

  The Senate stood at ease at 3:02 p.m. until the fall of the gavel for
  the purpose of a party caucus.

  The Senate resumed session at 3:27 p.m., President Kramer presiding.

  Senator Flynn asked and received unanimous consent that action
  on Senate Joint Resolution 2004 be deferred.

  CONSIDERATION OF BILL
  (Regular Calendar)

  Senator Iverson asked and received unanimous consent to take up
  for consideration Senate File 2411.

  Senate File 2411

  On motion of Senator Boettger, Senate File 2411, a bill for an act to
  legalize the transfer of certain property by the joint county system of
  Black Hawk and Buchanan counties to the Independence community
  school district, and providing an effective date, was taken up for
  consideration.

  Senator Boettger 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. 2411), the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	

  Nays, none.

  Absent or not voting, 1:

  Gettings			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  MOTION TO RECONSIDER WITHDRAWN

  Senate File 2410

  Senator McLaren withdrew the motion to reconsider Senate File
  2410, a bill for an act relating to appropriations for the department of
  human services and the prevention of disabilities policy council and
  including other provisions and appropriations involving human
  services and health care, and providing effective dates and an
  applicability provision, filed by him on March 30, 1998, and found on
  page 960 of the Senate Journal.
  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Gettings until he arrives, on request of Senator Horn.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2085

  Senator Douglas called up for consideration Senate File 2085, a bill
  for an act relating to the responsibilities of the department of
  transportation, including vehicle equipment and parking regulation,
  postings of highway weight restrictions, and receipt of plans for city
  street construction, amended by the House, and moved that Senate
  concur in House amendment S-5444 filed March 31, 1998.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Douglas moved that the bill as amended by the House and
  concurred in by the Senate 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. 2085), the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	

  Nays, none.
  Absent or not voting, 1:

  Gettings			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  HOUSE AMENDMENT CONSIDERED

  Senate File 2023

  Senator Jensen called up for consideration Senate File 2023, a bill
  for an act relating to the issuance of ex-prisoner of war motor vehicle
  registration plates to surviving spouses, amended by the House, and
  moved that the Senate concur in House amendment S-5303 filed
  March 23, 1998.

  The motion prevailed by a voice vote and the Senate concurred in
  the House amendment.

  Senator Jensen moved that the bill as amended by the House and
  concurred in by the Senate 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. 2023), the vote was:

  Ayes, 49:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Vilsack
  Zieman	

  Nays, none.
  Absent or not voting, 1:

  Gettings			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS

  House File 2175

  On motion of Senator Behn, House File 2175, a bill for an act
  relating to the creation of, and annexation of property to, a sanitary
  sewer district, with report of committee recommending passage,
  placed on the Unfinished Business Calendar on March 26, 1998, was
  taken up for consideration.

  Senator Behn offered amendment S-5465, filed by Senators Behn
  and Bartz on April 1, 1998, to pages 2-3 of the bill, and moved its
  adoption.

  Amendment S-5465 was adopted by a voice vote.

  LEAVE OF ABSENCE

  Leave of absence was granted as follows:

  Senator Vilsack until he returns, on request of Senator Kibbie.

  BUSINESS PENDING

  House File 2175

  The Senate resumed consideration of House File 2175.

  Senator Behn 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?" (H.F. 2175), the vote was:
  Ayes, 46:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Maddox	McCoy
  McKean	McKibben	McLaren	Neuhauser
  Palmer	Redfern	Redwine	Rehberg
  Rensink	Rittmer	Schuerer	Szymoniak
  Tinsman	Zieman	

  Nays, 1:

  Lundby	

  Absent or not voting, 3:

  Gettings	Rife	Vilsack			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate Files 2410, 2085, 2411, Senate Joint Resolution 2001,
  and House File 2175 be immediately messaged to the House.

  UNFINISHED BUSINESS

  House File 2168

  On motion of Senator Rensink, House File 2168, a bill for an act
  relating to the sale of stock or ownership interest of any corporation
  formed under the Iowa business development finance Act, with report
  of committee recommending passage, placed on the Unfinished
  Business Calendar on March 26, 1998, was taken up for consideration.

  Senator Rensink 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?" (H.F. 2168), the vote was:

  Ayes, 48:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Gettings	Vilsack			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  UNFINISHED BUSINESS

  House File 2281

  On motion of Senator Angelo, House File 2281, a bill for an act
  providing for the mandatory recording of certain residential real
  estate installment sales contracts, providing a penalty, and providing
  for the Act's applicability, with report of committee recommending
  passage, placed on the Unfinished Business Calendar on March 26,
  1998, was taken up for consideration.

  Senator Angelo 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?" (H.F. 2281), the vote was:

  Ayes, 48:
  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Connolly	Dearden
  Deluhery	Douglas	Drake	Dvorsky
  Fink	Flynn	Fraise	Freeman
  Gaskill	Gronstal	Halvorson	Hammond
  Hansen	Harper	Hedge	Horn
  Iverson	Jensen	Judge	Kibbie
  King	Kramer	Lundby	Maddox
  McCoy	McKean	McKibben	McLaren
  Neuhauser	Palmer	Redfern	Redwine
  Rehberg	Rensink	Rife	Rittmer
  Schuerer	Szymoniak	Tinsman	Zieman	

  Nays, none.

  Absent or not voting, 2:

  Gettings	Vilsack			

  The bill having received a constitutional majority was declared to
  have passed the Senate and the title was agreed to.

  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  House Files 2168 and 2281 be immediately messaged to the
  House.

  BUSINESS PENDING

  Senate Joint Resolution 2004

  The Senate resumed consideration of Senate Joint Resolution
  2004, a joint resolution proposing amendments to the Constitution of
  the State of Iowa relating to the state budget by limiting state
  general fund expenditures and restricting certain state tax revenue
  changes, previously deferred.

  Senator Flynn offered amendment S-5495, filed by him from the
  floor to pages 1-4 and to the title page of the bill, moved its adoption,
  and requested a record roll call.

  On the question "Shall amendment S-5495 be adopted?"
  (S.J.R. 2004), the vote was:
  Ayes, 17:

  Black	Connolly	Dearden	Deluhery
  Dvorsky	Flynn	Fraise	Gronstal
  Hammond	Hansen	Horn	Judge
  Kibbie	McCoy	Neuhauser	Palmer
  Szymoniak	

  Nays, 29:

  Angelo	Bartz	Behn	Boettger
  Borlaug	Douglas	Drake	Fink
  Freeman	Gaskill	Halvorson	Harper
  Hedge	Iverson	King	Kramer
  Lundby	Maddox	McKean	McKibben
  McLaren	Redfern	Redwine	Rehberg
  Rensink	Rittmer	Schuerer	Tinsman
  Zieman	

  Absent or not voting, 4:

  Gettings	Jensen	Rife	Vilsack		

  Amendment S-5495 lost.

  Senator McKibben moved that the resolution be read the last time
  now and placed upon its passage, which motion prevailed by a voice
  vote, and the resolution was read the last time.

  Senate Joint Resolution 2004, a joint resolution proposing
  amendments to the Constitution of the State of Iowa relating to the
  state budget by limiting state general fund expenditures and
  restricting certain state tax revenue changes.
  Section 1.  The following amendment to the Constitution of the
  State of Iowa is proposed:
  The Constitution of the State of Iowa is amended by adding the
  following new section to new Article XIII:
  ARTICLE XIII.
  EXPENDITURE LIMITATION.
  GENERAL FUND EXPENDITURE LIMITATION.  Section 1.
  1.  For the purposes of this section:
  a.  "Adjusted revenue estimate" means the most recent revenue
  estimate determined before January 1, or a later and lesser revenue
  estimate determined before adjournment of the regular session of the
  General Assembly, for the general fund for the following fiscal year as
  determined by a revenue estimating conference which shall be
  established by the General Assembly by law, adjusted by subtracting
  estimated refunds payable from that estimated revenue and adding
  any available surplus in accordance with subsection 5.
  b.  "General fund" means the principal operating fund of the state
  which shall be established by the General Assembly by law.
  c.  "New revenues" means moneys which are received by the state
  due to increased tax rates or fees or newly created taxes or fees over
  and above those moneys which are received due to state taxes or fees
  which are in effect as of January 1 following the most recent state
  revenue estimating conference.  "New revenues" also includes moneys
  received by the general fund due to new transfers over and above
  those moneys received by the general fund due to transfers which are
  in effect as of January 1 following the most recent state revenue
  estimating conference.  The state revenue estimating conference shall
  determine the eligibility of transfers to the general fund which are to
  be considered as new revenue in determining the state general fund
  expenditure limitation.
  2.  A state general fund expenditure limitation is created and
  calculated in subsection 3, for each fiscal year beginning on or after
  July 1 following the effective date of this section.
  3.  Except as otherwise provided in this section, the state general
  fund expenditure limitation for a fiscal year shall be ninety-nine
  percent of the adjusted revenue estimate.
  4.  The state general fund expenditure limitation shall be used by
  the Governor in the preparation of the budget and by the General
  Assembly in the budget process.  If a new revenue source is proposed,
  the budget revenue projection used for that new revenue source for
  the period beginning on the effective date of the new revenue source
  and ending in the fiscal year in which the source is included in the
  adjusted revenue estimate shall be ninety-five percent of the amount
  remaining after subtracting estimated refunds payable from the
  projected revenue from that source.  If a new revenue source is
  established and implemented, the original state general fund
  expenditure limitation amount provided for in subsection 3 shall be
  readjusted to include ninety-five percent of the estimated revenue
  from that source.
  5.  Any surplus existing at the end of a fiscal year which exceeds ten
  percent of the adjusted revenue estimate of that fiscal year shall be
  included in the adjusted revenue estimate for the following fiscal
  year.  Any surplus equal to ten percent or less of the adjusted revenue
  estimate of the fiscal year may be included in the adjusted revenue
  estimate for the following fiscal year if approved in a bill receiving the
  affirmative votes of at least three-fifths of the whole membership of
  each house of the General Assembly.  For purposes of this section,
  "surplus" means the cumulative excess of revenues and other
  financing sources over expenditures and other financing uses for the
  general fund at the end of a fiscal year.
  6.  The scope of the expenditure limitation under subsection 3 shall
  not include federal funds, donations, constitutionally dedicated
  moneys, and moneys in expenditures from a state retirement system.
  7.  The Governor shall submit and the General Assembly shall pass
  a budget which does not exceed the state general fund expenditure
  limitation.
  8.  The Governor shall not submit and the General Assembly shall
  not pass a budget which in order to balance assumes reversion of any
  part of the total of the appropriations included in the budget.
  9.  The state shall use consistent standards, in accordance with
  generally accepted accounting principles, for all state budgeting and
  accounting purposes.
  10.  The General Assembly shall enact laws to implement this
  section.
  Sec. 2.  The following amendment to the Constitution of the State of
  Iowa is proposed:
  The Constitution of the State of Iowa is amended by adding the
  following new sections to new Article XIII:
  ARTICLE XIII.
  THREE-FIFTHS MAJORITY FOR TAX LAW CHANGES.
  THREE-FIFTHS MAJORITY TO INCREASE TAXES.  Section 1.  A
  bill containing provisions enacting, amending, or repealing the state
  income tax or enacting, amending, or repealing the state sales and
  use taxes, in which the aggregate fiscal impact of those provisions
  relating to those taxes results in a net increase in state tax revenues,
  as determined by the General Assembly, shall require the affirmative
  votes of at least three-fifths of the whole membership of each house of
  the General Assembly for passage.  This section does not apply to
  income tax or sales and use taxes imposed at the option of a local
  government.
  THREE-FIFTHS MAJORITY TO ENACT NEW STATE TAX.  Sec.
  2.  A bill that establishes a new state tax to be imposed by the state
  shall require the affirmative votes of at least three-fifths of the
  whole membership of each house of the General Assembly for
  passage.
  ENFORCEMENT OF THREE-FIFTHS MAJORITY REQUIREMENT.
  Sec. 3. A lawsuit challenging the proper enactment of a bill pursuant
  to section 1 or 2 shall be filed no later than one year following the
  enactment.  Failure to file such a lawsuit within the one-year time
  limit shall negate the three-fifths majority requirement as it applies
  to the bill.
  Each bill to which section 1 or 2 applies shall include a separate
  provision describing the requirements for enactment prescribed by
  section 1 or 2.
  IMPLEMENTATION.  Sec. 4.  The General Assembly shall enact
  laws to implement sections 1 through 3.
  Sec. 3.  The foregoing proposed amendments to the Constitution of
  the State of Iowa are referred to the General Assembly to be chosen
  at the next general election for members of the General Assembly and
  the Secretary of State is directed to cause them to be published for
  three consecutive months previous to the date of that election as
  provided by law.


  On the question "Shall the resolution pass?" (S.J.R. 2004), the vote
  was:

  Yeas, 32:

  Angelo	Bartz	Behn	Black
  Boettger	Borlaug	Douglas	Drake
  Freeman	Gaskill	Gronstal	Halvorson
  Hansen	Hedge	Horn	Iverson
  Jensen	King	Kramer	Lundby
  Maddox	McKean	McKibben	McLaren
  Redfern	Redwine	Rehberg	Rensink
  Rittmer	Schuerer	Tinsman	Zieman	

  Nays, 16:

  Connolly	Dearden	Deluhery	Dvorsky
  Fink	Flynn	Fraise	Hammond
  Harper	Judge	Kibbie	McCoy
  Neuhauser	Palmer	Rife	Szymoniak	

  Absent or not voting, 2:

  Gettings	Vilsack		
  The resolution having received a constitutional majority was
  declared to have passed the Senate and the title was agreed to.
  HOUSE AMENDMENT CONSIDERED

  Senate File 2391

  Senator McKean called up for consideration Senate File 2391, a
  bill for an act allowing probation for some operating-while-intoxicated
  offenders after service of a mandatory minimum sentence, permitting
  a .15 blood alcohol level to control the penalties applicable to an
  offender regardless of the margin of error associated with the test
  device, requiring the deletion from motor vehicle records after twelve
  years of certain youth license revocations for alcohol violations, and
  providing an effective date, amended by the House in House
  amendment S-5468 filed April 1, 1998.

  Senator McKean offered amendment S-5494, filed by him from the
  floor to pages 1, 13, and 14 of amendment S-5468, and moved its
  adoption.

  Amendment S-5494 was adopted by a voice vote.

  Senator McKean offered amendment S-5492, filed by him from the
  floor to pages 3 and 4 of amendment S-5468, and moved its adoption.

  Amendment S-5492 was adopted by a voice vote.

  Senator Gronstal asked and received unanimous consent that
  action on amendment S-5468 and Senate File 2391 be deferred.

  MOTIONS TO RECONSIDER WITHDRAWN

  Senate File 2023

  The following motions to reconsider filed from the floor were
  withdrawn:

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 2023
  passed the Senate on April 2, 1998.

  ROD N. HALVORSON
  MADAM PRESIDENT:  I move to reconsider the vote by which Senate File 2023
  passed the Senate on April 2, 1998.

  JOHN W. JENSEN
  IMMEDIATELY MESSAGED

  Senator Iverson asked and received unanimous consent that
  Senate File 2023 be immediately messaged to the House.

  HOUSE MESSAGES RECEIVED

  The following messages were received from the Chief Clerk of the
  House:

  MADAM PRESIDENT:  I am directed to inform your honorable body that the
  House has on April 2, 1998, amended and passed the following bill in which
  the
  concurrence of the Senate is asked:

  Senate File 2353, a bill for an act relating to an allocation of state
  aid for purposes of school-based youth services programs (S-5491).

  ALSO:  That the House has on April 2, 1998, passed the following bill in
  which the
  concurrence of the House was asked:

  Senate File 2201, a bill for an act relating to security for damages
  arising from the abandonment of natural gas pipelines.
  APPENDIX

  BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR

  The Secretary of the Senate submitted the following report:

  MADAM PRESIDENT:  The Secretary of the Senate respectfully reports that the
  following bills have been enrolled, signed by the President of the Senate
  and the
  Speaker of the House, and presented to the Governor for his approval on this
  2nd day
  of April, 1998:

  Senate Files 2112, 2153, 2269, 2310, 2356, 2371, and 2397.

  MARY PAT GUNDERSON
  Secretary of the Senate

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 2, 1998,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 2324 - Relating to the allocation of cost-share moneys as financial
  incentives to
  encourage summer construction of permanent soil and water conservation
  practices.

  S.F. 2341 - Relating to Hepatitis Type B immunizations of children and
  providing
  an applicability provision and an effective date.

  H.F. 530 - Concerning assistive devices by requiring a warranty, and
  providing for
  replacement of assistive devices and consumer remedies.

  H.F. 2292 - Relating to permits for aquifer storage and recovery and making
  penalties applicable.

  H.F. 2429 - Relating to the regulation of physical exercise clubs.

  H.F. 2435 - Relating to the entrepreneurs with disabilities program.

  H.F. 2438 - Relating to the regulation of commercial feed.

  H.F. 2456 - Changing the designation of the judiciary in the code from the
  judicial
  department to the judicial branch.

  H.F. 2492 - Relating to drainage districts, by extending the period for
  financing
  repairs and improvements.
  H.F. 2502 - Relating to the statewide notification center and providing for
  alternative staff and the information requirements associated with the
  notice of an
  excavation.
  H.F. 2516 - Providing for mandatory licensure for marital and family
  therapists
  and mental health counselors, establishing transition provisions, removing
  frequency
  requirements regarding board of behavioral science examiners' meetings, and
  providing an effective date.


  EXPLANATION OF VOTE

  MADAM PRESIDENT:  I was necessarily absent from the Senate chamber on April
  2,
  1998, when the vote was taken on amendment S-5490 to Senate Joint Resolution
  2004.
  Had I been present, I would have voted "aye."

  MATT McCOY

  CERTIFICATE OF RECOGNITION

  The Secretary of the Senate issued the following certificate of
  recognition:

  Ruth and Bill Krieg, Des Moines - For celebrating their 50th wedding
  anniversary.
  Senator Borlaug (4/4/98).

  REPORTS OF COMMITTEE MEETINGS

  APPROPRIATIONS

  Convened:  April 2, 1998, 11:30 a.m.

  Members Present:  McLaren, Chair; Kramer, Vice Chair; Flynn, Ranking Member;
  Behn, Borlaug, Douglas, Dvorsky, Freeman, Halvorson, Hammond, Harper, Hedge,
  Horn, Jensen, Lundby, Maddox, McCoy, Neuhauser, Rehberg, Rensink, Rife,
  Rittmer,
  Tinsman, and Vilsack.

  Members Absent:  Black (excused).

  Committee Business:  Amended and passed SF 2111.  Amended and passed HF
  2539.

  Adjourned:  1:30 p.m.

  COMMERCE

  Convened:  April 2, 1998, 11:15 a.m.

  Members Present:  Jensen, Chair; Schuerer, Vice Chair; Deluhery, Ranking
  Member;
  Bartz, Douglas, Flynn, Gronstal, Hansen, King, Lundby, Maddox, McCoy,
  Palmer,
  Redfern, and Rife.
  Members Absent:  None.


  Committee Business:  Recommended confirmation of governor's appointees.

  Adjourned:  11:20 a.m.

  GOVERNOR'S APPOINTEES PLACED ON EN BLOC CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the En Bloc Calendar with recommendations for confirmation on
  April 2,
  1998:

  COMMERCE

  Patricia A. Berding - Credit Union Review Board
  Diane L. Kollasch - Credit Union Review Board

  GOVERNOR'S APPOINTEES PLACED ON
  INDIVIDUAL CONFIRMATION CALENDAR

  The following appointees assigned to standing committees for investigation
  were
  placed on the Individual Confirmation Calendar with recommendations for
  confirmation on April 2, 1998:

  COMMERCE

  Richard H. Opie - Chairperson of the Iowa Telecommunications and Technology
  Commission
  Mary A. Nelson - Iowa Telecommunications and Technology Commission

  MOTIONS TO RECONSIDER

  MICHAEL E. GRONSTAL

  MADAM PRESIDENT:  I move to reconsider the vote by which Senate Joint
  Resolution 2004 passed the Senate on April 2, 1998.

  LARRY McKIBBEN

  COMMITTEE REPORT

  APPROPRIATIONS

  Final Bill Action:  HOUSE FILE 2539, a bill for an act relating to and
  making
  appropriations to the justice system and providing effective dates.

  Recommendation:  AMEND AND DO PASS AS PROVIDED IN AMENDMENT S-5497.

  Final Vote:  Ayes, 23:  McLaren, Kramer, Flynn, Behn, Borlaug, Douglas,
  Dvorsky,
  Freeman, Halvorson, Harper, Hedge, Horn, Jensen, Lundby, Maddox, McCoy,
  Neuhauser, Rehberg, Rensink, Rife, Rittmer, Tinsman, and Vilsack.  Nays, 1:
  Hammond.  Absent or not voting, 1:  Black.

  Fiscal Note:  NOT REQUIRED UNDER JOINT RULE 17.
  AMENDMENTS FILED

  S-5491		S.F. 2353	House
  S-5492		S.F. 2391	Andy McKean
  S-5493		S.J.R. 2004	Tom Vilsack
  S-5494		S.F. 2391	Andy McKean
  S-5495		S.J.R. 2004	Tom Flynn
  S-5496		H.F. 2335	Tom Vilsack
  S-5497		H.F. 2539	Appropriations
  S-5498		S.F. 540	Jack Rife
  Dick L. Dearden
  S-5499		S.F. 2284	Michael E. Gronstal

  ADJOURNMENT

  On motion of Senator Iverson, the Senate adjourned at 5:56 p.m.,
  until 10:00 a.m., Monday, April 6, 1998.
  1050	JOURNAL OF THE SENATE	81st Day
  81st Day	THURSDAY, APRIL 2, 1998	1049

© 1998 Cornell College and League of Women Voters of Iowa

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