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TENTH CALENDAR DAY SEVENTH SESSION DAY Senate Chamber Des Moines, Iowa, Wednesday, January 20, 1999 The Senate met in regular session at 9:03 a.m., President Kramer presiding. Prayer was offered by the Reverend Jerry Miller of the Grimes United Methodist Church, Grimes, Iowa. The Journal of Tuesday, January 19, 1999, was approved. RECESS On motion of Senator Iverson, the Senate recessed at 9:07 a.m., until 4:00 p.m. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON ADMINISTRATION AND REGULATION Convened: January 20, 1999, 9:43 a.m. Members Present: Redwine, Chair; Bartz, Vice Chair; McCoy, Ranking Member; and Sexton. Members Absent: Flynn (excused). Committee Business: Presentations by State Auditor, Richard Johnson; State Treasurer, Michael Fitzgerald; and the Department of Commerce. Adjourned: 11:07 a.m. APPROPRIATIONS SUBCOMMITTEE ON ECONOMIC DEVELOPMENT Convened: January 20, 1999, 9:45 a.m. Members Present: Schuerer, Chair; Boettger, Vice Chair; Soukup, Ranking Member; and Lamberti. Members Absent: Hansen (excused). Committee Business: Adoption of committee rules. Presentation by LFB. Adjourned: 11:15 a.m. APPROPRIATIONS SUBCOMMITTEE ON EDUCATION Convened: January 20, 1999, 9:35 a.m. Members Present: Rehberg, Chair; Redfern, Vice Chair; Horn, Ranking Member; and Kibbie. Members Absent: McLaren. Committee Business: Adoption of committee rules. Presentation by LFB. Adjourned: 10:45 a.m. APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN RIGHTS Convened: January 20, 1999, 9:45 a.m. Members Present: Rife, Chair; Zieman, Vice Chair; Bolkcom, Ranking Member; Dearden and McKibben. Members Absent: None. Committee Business: Presentations by LFB and Iowa Department of Public Health. Adjourned: 10:41 a.m. APPROPRIATIONS SUBCOMMITTEE ON HUMAN SERVICES Convened: January 20, 1999, 9:45 a.m. Members Present: Tinsman, Chair; Veenstra, Vice Chair; Hammond, Ranking Member; Miller and Szymoniak. Members Absent: None. Committee Business: Presentation by DHS. Adjourned: 12:04 p.m. APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM Convened: January 20, 1999, 9:45 a.m. Members Present: Maddox, Chair; Angelo, Vice Chair; Dvorsky, Ranking Member; Fraise and McKean. Members Absent: None. Committee Business: Presentation on judicial branch budget. Adjourned: 10:55 a.m. APPROPRIATIONS SUBCOMMITTEE ON OVERSIGHT AND COMMUNICATIONS Convened: January 20, 1999, 9:45 a.m. Members Present: King, Chair; Lundby, Vice Chair; Deluhery, Ranking Member; Harper and Rittmer. Members Absent: None. Committee Business: Presentation by Ultrapro International, Inc. Adjourned: 11:30 a.m. APPROPRIATIONS SUBCOMMITTEE ON TRANSPORTATION, INFRASTRUCTURE AND CAPITALS Convened: January 20, 1999, 9:45 a.m. Members Present: Freeman, Chair; Jensen, Vice Chair; Connolly, Ranking Member; Johnson and Shearer. Members Absent: None. Committee Business: Presentations by LFB and DOT. Adjourned: 11:15 a.m. AGRICULTURE Convened: January 20, 1999, 8:02 a.m. Members Present: Gaskill, Chair; Miller, Vice Chair; Fraise, Ranking Member; Angelo, Bartz, Behn, Hedge, Kibbie, Sexton, Shearer, Soukup, Veenstra, and Zieman. Members Absent: Black and Dearden (both excused). Committee Business: Presentations by the Iowa Farm Bureau and DED. Adjourned: 9:04 a.m. SUBCOMMITTEE ASSIGNMENTS Senate File 4 TRANSPORTATION: Drake, Chair; Fraise and Sexton Senate File 5 EDUCATION: Rehberg, Chair; Dvorsky and Gaskill Senate File 7 TRANSPORTATION: Drake, Chair; Fraise and Sexton Senate File 16 TRANSPORTATION: Jensen, Chair; Freeman and McCoy Senate File 18 EDUCATION: Angelo, Chair; Boettger and Szymoniak Senate File 19 EDUCATION: Veenstra, Chair; Boettger and Fink Senate File 20 NATURAL RESOURCES AND ENVIRONMENT: Miller, Chair; Bolkcom and Rife Senate File 21 EDUCATION: Boettger, Chair; Sexton and Shearer Senate File 22 NATURAL RESOURCES AND ENVIRONMENT: Drake, Chair; Black and Rehberg Senate File 23 NATURAL RESOURCES AND ENVIRONMENT: Fink, Chair; Freeman and Rife Senate File 25 EDUCATION: Gaskill, Chair; Angelo and Connolly AFTERNOON SESSION The Senate reconvened at 4:07 p.m., Senator Lundby presiding. QUORUM CALL Senator Iverson requested a non record roll call to determine that a quorum was present. The vote revealed 44 present, 6 absent and a quorum present. HOUSE MESSAGE RECEIVED AND CONSIDERED The following message was received from the Chief Clerk of the House: MADAM PRESIDENT: I am directed to inform your honorable body that the House has on January 20, 1999, adopted the following resolution in which the concurrence of the Senate is asked: House Concurrent Resolution 5, a concurrent resolution relating to joint rules of the Senate and House of Representatives for the Seventy-eighth General Assembly. Read first time and referred to committee on Rules and Administration. INTRODUCTION OF BILLS Senate File 29, by Rehberg, a bill for an act relating to forestry and forest resource support and making appropriations. Read first time and referred to committee on Appropriations. Senate File 30, by Lamberti, a bill for an act relating to the recision of an administrative license revocation for an operating while intoxicated offense, and providing an effective date. Read first time and referred to committee on Transportation. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Hansen for the remainder of the day on request of Senator Gronstal. CONSIDERATION OF BILL (Ways and Means Calendar) Senator Iverson asked and received unanimous consent to take up for consideration Senate Joint Resolution 1. Senate Joint Resolution 1 On motion of Senator McKibben, Senate Joint Resolution 1, 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. The Senate stood at ease at 4:27 p.m. until the fall of the gavel for the purposes of party caucuses The Senate resumed session at 5:06 p.m., President Kramer presiding. Senator Connolly offered amendment S-3001 filed by him from the floor to page 4 of the resolution, moved its adoption, and requested a record roll call. On the question "Shall amendment S-3001 be adopted?" (S.J.R.1), the vote was: Rule 23, requiring all Senators present to vote except those who express a conflict of interest, was invoked. Ayes, 20: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Harper Horn Kibbie Lundby McCoy Rife Shearer Soukup Szymoniak Nays, 28: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: Hansen Amendment S-3001 lost. Senator Bolkcom offered amendment S-3002 filed by Senators Bolkcom, et al. from the floor to page 4 of the resolution, moved its adoption, and requested a record roll call. On the question "Shall amendment S-3002 be adopted?" (S.J.R.1), the vote was: Ayes, 18: Black Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Harper Horn Kibbie McCoy Shearer Soukup Szymoniak Nays, 30: Angelo Bartz Behn Boettger Drake Freeman Gaskill Hedge Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Absent or not voting, 1: Hansen Amendment S-3002 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 bill was read the last time. Senate Joint Resolution 1, 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 purpose 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 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 revenue, 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 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, having been adopted and agreed to by the Seventy- seventh General Assembly, 1998 Session, thereafter duly published, and now adopted and agreed to by the Seventy-eighth General Assembly in this joint resolution, shall be submitted to the people of the State of Iowa at a special election called for that purpose to be held on Tuesday, the 29th of June of the year 1999, in the manner required by the Constitution of the State of Iowa and the laws of the State of Iowa. On the question "Shall the resolution pass?" (S.J.R. 1), the vote was: Yeas, 32: Angelo Bartz Behn Black Boettger Drake Freeman Gaskill Hedge Horn Iverson Jensen Johnson King Kramer Lamberti Lundby Maddox McKean McKibben McLaren Miller Redfern Redwine Rehberg Rife Rittmer Schuerer Sexton Tinsman Veenstra Zieman Nays, 16: Bolkcom Connolly Dearden Deluhery Dvorsky Fink Flynn Fraise Gronstal Hammond Harper Kibbie McCoy Shearer Soukup Szymoniak Absent or not voting, 1: Hansen The resolution having received a constitutional majority was declared to have passed the Senate and the title was agreed to. Senator Iverson asked and received unanimous consent that Senate Joint Resolution 1 be immediately messaged to the House. INTRODUCTION OF BILLS Senate Joint Resolution 3, by Rittmer, a joint resolution proposing an amendment to the Constitution of the State of Iowa to limit the years of service for Governor and Lieutenant Governor. Read first time and referred to committee on State Government. Senate File 31, by Angelo, Lundby, and Dearden, a bill for an act establishing an age ceiling for hiring fire fighters and peace officers. Read first time and referred to committee on State Government. Senate File 32, by Rittmer, Lundby, and Gronstal, a bill for an act concerning employment rights of fire fighters under civil service who are elected as officers in certain professional fire fighters organizations, and providing an effective date. Read first time and referred to committee on State Government. Senate File 33, by McCoy and Dvorsky, a bill for an act relating to the termination of a rental agreement of a residential or a mobile home tenant. Read first time and referred to committee on State Government. Senate File 34, by Black, a bill for an act relating to and making appropriations to the property tax relief fund for county mental health, mental retardation, and developmental disability expenditures and including an effective date and applicability provision. Read first time and referred to committee on Appropriations. Senate File 35, by Maddox and Szymoniak, a bill for an act relating to the practice of hypnotherapy and providing penalties. Read first time and referred to committee on State Government. APPENDIX REPORTS OF COMMITTEE MEETINGS APPROPRIATIONS SUBCOMMITTEE ON AGRICULTURE AND NATURAL RESOURCES Convened: January 20, 1999, 9:45 a.m. Members Present: Behn, Chair; Hedge, Vice Chair; Fink and Gaskill. Members Absent: Black, Ranking Member (excused). Committee Business: Presentations by the Iowa Department of Agriculture and Land Stewardship and the Department of Plant Pathology at ISU. Adjourned: 11:19 a.m. COMMERCE Convened: January 20, 1999, 3:00 p.m. Members Present: Jensen, Chair; Maddox, Vice Chair; Deluhery, Ranking Member; Bolkcom, Flynn, Gronstal, Johnson, King, Lamberti, Lundby, McCoy, Redfern, Redwine, and Schuerer. Members Absent: Hansen (excused). Committee Business: Passed SF 8. Adjourned: 3:17 p.m. EDUCATION Convened: January 20, 1999, 1:00 p.m. Members Present: Redfern, Chair; Rehberg, Vice Chair; Connolly, Ranking Member; Angelo, Boettger, Dvorsky, Fink, Gaskill, Harper, Redwine, Sexton, Shearer, Szymoniak, Tinsman, and Veenstra. Members Absent: None. Committee Business: Subcommittee assignments. Presentation by State Auditor, Richard Johnson. Adjourned: 1:50 p.m. ETHICS Convened: January 20, 1999, 3:12 p.m. Members Present: Hedge, Chair; Drake, Vice Chair; Szymoniak, Ranking Member; Connolly, Hammond, and McKean. Members Absent: None. Committee Business: Discussion of potentially significant differences between House and Senate Rules governing Lobbyists and House and Senate Ethics Codes. Adjourned: 3:30 p.m. HUMAN RESOURCES Convened: January 20, 1999, 2:05 p.m. Members Present: Boettger, Chair; Redwine, Vice Chair; Szymoniak, Ranking Member; Bartz, Behn, Hammond, Harper, Miller, Schuerer, Shearer, Tinsman, and Veenstra. Members Absent: Horn (excused). Committee Business: Presentation by the SHAUN program. Adjourned: 2:55 p.m. TRANSPORTATION Convened: January 20, 1999, 2:05 p.m. Members Present: Drake, Chair; Sexton, Vice Chair; McCoy, Ranking Member; Black, Fink, Fraise, Freeman, Jensen, Kibbie, McKean, McKibben, Rittmer, and Zieman. Members Absent: None. Committee Business: Subcommittee assignments. Presentation by Department of Public Safety. Adjourned: 2:23 p.m. STUDY BILL RECEIVED SSB 1018 State Government Requiring the installation of automatic sprinkler systems in certain new public and nonpublic school building construction. CERTIFICATES OF RECOGNITION The Secretary of the Senate issued the following certificates of recognition: Kate Becker, Drexler Middler School - For her heroic acts in helping injured students at the scene of a school bus accident. Senator Flynn (01/20/99). Heather Greenwood, Drexler Middler School - For her heroic acts in helping injured students at the scene of a school bus accident. Senator Flynn (01/20/99). Megan Greenwood, Drexler Middler School - For her heroic acts in helping injured students at the scene of a school bus accident. Senator Flynn (01/20/99). Lindsay McQuillen, Drexler Middle School - For her heroic acts in helping injured students at the scene of a school bus accident. Senator Flynn (01/20/99). SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 2 STATE GOVERNMENT: Lundby, Chair; Maddox and Szymoniak Senate File 27 STATE GOVERNMENT: Maddox, Chair; Schuerer and Szymoniak SSB 1018 STATE GOVERNMENT: Sexton, Chair; Connolly and King COMMITTEE REPORT COMMERCE Final Bill Action: SENATE FILE 8, a bill for an act relating to coverage under a policy or contract providing for third-party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes. Recommendation: DO PASS. Final Vote: Ayes, 12: Jensen, Maddox, Deluhery, Bolkcom, Flynn, Gronstal, Johnson, Lamberti, Lundby, McCoy, Redfern, and Schuerer. Nays, 2: King and Redwine. Absent or not voting, 1: Hansen. Fiscal Note: NOT REQUIRED UNDER JOINT RULE 17. AMENDMENTS FILED S-3001 S.J.R. 1 Mike Connolly S-3002 S.J.R. 1 Joe Bolkcom Patricia M. Harper Michael E. Connolly Johnie Hammond Betty Soukup Patrick J. Deluhery Elaine Szymoniak Tom Flynn Mark Shearer Bill Fink Robert E. Dvorsky Eugene Fraise Michael E. Gronstal Dennis H. Black John P. Kibbie Dick L. Dearden Wally E. Horn ADJOURNMENT On motion of Senator Iverson, the Senate adjourned at 6:52 p.m., until 9:00 a.m., Thursday, January 21, 1999. 100 JOURNAL OF THE SENATE 10th Day 10th Day WEDNESDAY, JANUARY 20, 1999 99
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